CELEX: 51995PC0459
Language: en
Date: 1995-10-06
Title: Proposal for a COUNCIL REGULATION (EC) amending Regulations (EC) Nos 3285/94 and 519/94 with respect to the uniform Community surveillance document

COMMISSION OF THE EUROPEAN COMMUNITIES
                                   Brussels, 06.10.1995
                                   COM(95) 459 final
                                   95/0241 (ACC)
                         Proposal for a
               COUNCIL REGULATION (EC)
     amending Regulations (EC) Nos 3285/94 and 519/94
with respect to the uniform Community surveillance document
                (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                   Explanatory Memorandum
Council Regulation (EC) No 3285/94 of 22 December 1994 on the common rules for imports
and repealing Regulation (EC) No 518/94(1), and Council Regulation (EC) No 519/94 of
7 March 1994 on common rules for imports from certain third countries and repealing
Regulations (EEC) Nos 1765/82, 1766/82 and 3420/83(2), established a common import
document for use in cases of prior Community surveillance. The model for the surveillance
document, which is identical for both the Regulations, appears in Annex I to Regulation (EC)
No 3285/94 and in Annex IV to Regulation (EC) No 519/94.
In the interests of good administrative management and to assist Community
operators, it is proposed that the layout and content of the import document in question be
aligned as far as possible on the common import licence forms provided for in
Commission Regulations (EC) Nos 3168/94(3), 3169/94(4) and 1150/95(5) and in
Commission Recommendation 3118/94/ECSC(6).
A proposal for a Regulation to achieve this is being put to the Council for aproval.
(i)  O J N o L 3 4 9 , 31.12.1994, p. 53.
(2)
     O J N o L 6 7 , 10.3.1994, p. 89.
(3)
     OJ No L 335, 23.12.1994, p. 23.
(4)
     OJ No L 335, 23.12.1994, p. 33.
(5)
     O J N o L 116, 23.5.1995, p. 3.
(6)
     O J N o L 3 3 0 , 21.12.1994, p. 6.
 ---pagebreak---                                          Proposal for a
                               COUNCIL REGULATION ŒC)
                     amending Regulations (EC) Nos 3285/94 and 519/94
               with respect to the uniform Community surveillance document
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EC) No 3285/94 of 22 December 1994 on the common rules
for imports and repealing Regulation (EC) No 518/94(1) and Council Regulation (EC)
No 519/94 of 7 March 1994 on common rules for imports from certain third countries and
repealing Regulations (EEC) Nos 1765/82, 1766/82 and 3420/83(2), as last amended by
Regulation (EC) No 839/95(3), established a common import document for use in cases of
prior Community surveillance; whereas the model for the surveillance document, which is
identical for both the Regulations, appears in Annex I to Regulation (EC) No 3285/94 and in
Annex IV to Regulation (EC) No 519/94;
Whereas, in the interests of good administrative management and to assist
Community operators, it is proposed that the layout and content of the import document in
question be aligned as far as possible on the common import licence forms provided for
in Commission Regulations (EC) Nos 3168/94(4), 3169/94(5) and 1150/95(6), and in
Commission Recommendation 3118/94/ECSC(7);
Whereas under the current arrangements applications for import documents must be made
using a special form which itself fulfils the function of an import document once completed
and authenticated by the competent national authorities; whereas in order to simplify the
formalities which importers must complete it should no longer be required that an application
for an import document be made using a form specially intended for that purpose; whereas
the information which must be given in the application for an import document, which may
now follow any pattern, must nevertheless be specified;
Whereas transitional arrangements should be made for Community import documents already
issued by the Member States before the date of application of this Regulation,
(1)
      OJ No L   349, 31.12.1994, p. 53.
      OJNoL     67, 10.3.1994, p. 89.
      OJNoL     85, 19.4.1995, p. 9.
      OJ No L   335, 23.12.1994, p. 23.
      OJ NoL    335, 23.12.1994, p. 33.
      OJNoL     116, 23.5.1995, p. 3.
(7)
      OJNoL     330, 21.12.1994, p. 6.
 ---pagebreak--- HAS ADOPTED THIS REGULATION:
                                           Article 1
Regulation (EC) No 3285/94 is amended as follows:
1.  Article 12(2) is replaced by the following;
    "2. The import document shall be made out on a form corresponding to the model in
         Annex I.
         Except where the decision to impose surveillance provides otherwise, the
         declaration by the importer shall contain only the following:
         (a) the full name and address of the applicant (including telephone and fax
              numbers and any number identifying the applicant to the competent national
              authorities), plus the applicant's VAT registration number if he is liable for
              VAT;
         (b) where appropriate, the full name and address of the declarant or of any
              representative appointed by the applicant (including telephone and fax
              numbers);
         (c) a description of the goods giving:
                    their trade name;
                    their Combined Nomenclature code;
                    their place of origin and place of consignment;
         (d) the quantity declared, in kilograms and, where appropriate, any other additional
              unit (pairs, items, etc.);
         (e) the value of the goods, cif at Community frontier, in ecus;
         (f)  the following statement, dated and signed by the applicant, with the applicant's
              name spelt out in capital letters:
              "I, the undersigned, certify that the information provided in this application is
              true and given in good faith, and that I am established in the Community."
2.  Article 14(2) is replaced by the following:
    "2. Article 12(2) shall apply."
3.  Annex I is replaced by Annex I hereto.
 ---pagebreak---                                            Article 2
Regulation (EC) No 519/94 is amended as follows:
1.  Article 10(2) is replaced by the following:
    "2. The import document shall be made out on a form corresponding to the model in
         Annex IV.
         Except where the decision to impose surveillance provides otherwise, the
         declaration by the importer shall contain only the following:
         (a) the full name and address of the applicant (including telephone and fax
              numbers and any number identifying the applicant to the competent national
              authorities), plus the applicant's VAT registration number if he is liable for
              VAT;
         (b) where appropriate, the full name and address of the declarant or of any
              representative appointed by the applicant (including telephone and fax
              numbers);
         (c) a description of the goods giving:
                    their trade name;
                    their Combined Nomenclature code;
                    their place of origin and place of consignment;
         (d) the quantity declared, in kilograms and, where appropriate, any other additional
              unit (pairs, items, etc.);
         (e) the value of the goods, cif at Community frontier, in ecus;
         (f)  the following statement, dated and signed by the applicant, with the applicant's
              name spelt out in capital letters:
              "I, the undersigned, certify that the information provided in this application is
              true and given in good faith, and that I am established in the Community."
2.  Article 13(2) is replaced by the following:
    "2. Article 10(2) shall apply."
3.  Annex IV is replaced by Annex II hereto.
 ---pagebreak---                                            Article 3
This Regulation shall enter into force on the third day following that of its publication in the
Official Journal of the European Communities.
It shall apply with effect from 1 January 1996. However, import documents issued before
that date may be used until the date of their expiration and until 31 December 1996, at
the latest.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,                                            For the Council
                                                              The President
 ---pagebreak---                                                       ANNEX 1
                                                      " Annex I
     EUROPEAN COMMUNITY
                                                             SURVEILLANCE DOCUMENT
     1. Consignee (name, full address, country.              2. Issue number
        VAT .lumber)
                                                             3. Proposed place and date of import
                                                             4. Authority responsible for issue
                                                                 (name, address and telephone No)
 o.
 o
 o
     5. Declarant/representative as applicable               6. Country of origin
«
        (name and full address)                                 (and geonomenclature code)
"o
X
                                                             7. Country of consignment
                                                                 (and geonomenclature code)
                                                             8. Last day of validity
    9. Description of goods                                                    10. CN code
                                                                               11. Quantity in kilograms (net mass)
                                                                               12. Value in ecus, cif at Community frontier
    13. Additional remarks/additional units
     14. Competent authority's endorsement
              Oate:
              Signaitro :                       Stamp
 ---pagebreak---      EUROPEAN COMMUNITY
                                                      SURVEILLANCE DOCUMENT
     1. Consignee (name, fufl address, country.        2. Issue number
        VAT number)
                                                       3. Proposed place and date of import
 o                                                     4. Authority responsible for issue
                                                          (name, address and telephone No)
 3
 a
 OJ
 c
3«0
JO   S. Oedarant/representative as applicable          6. Country of origin
 O      (name and full address)                            (and geonomenclature code)
JZ
                                                       7. Country of consignment
 a.
 o                                                        (and geonomenclature code)
O
                                                       8. Last day of validity
    9. Description of goods                                              10. CN code
                                                                          11. Quantity in kilograms (net mass)
                                                                         12. Value in ecus, cif at Community frontier
    13. Additional remarks/additional units
     14. Competent authority's endorsement
             Date:
              Signature                         Stamp
 ---pagebreak---                                                ANNEX II
                                               "Annex IV
    EUROPEAN COMMUNITY
                                                      SURVEILLANCE DOCUMENT
    1. Consignee (name, full address, country.        2. Issue number
       VAT number)
                                                      3. Proposed place and date of import
                                                      4. Authority responsible for issue
                                                          (name, address and telephone No)
CL
O
O
    5. Declarant/representative as applicable         6. Country of origin
«      (name and full address)                           (8nd geonomenclature code)
O
X
                                                      7. Country of consignment
                                                          (and geonomenclature code)
                                                      8. Last day of validity
   9. Description of goods                                              10. CN code
                                                                        11. Quantity in kilograms (net mass)
                                                                        12. Value in ecus, cif at Community frontier
   13. Additional remarks/additional units
    14. Competent authority's endorsement
             Oate ;
 ---pagebreak---      EUROPEAN COMMUNITY
                                                        SURVEILLANCE DOCUMENT
     1. Consignee (name, fun address, country.           2 Issue number
        VAT number)
                                                         3. Proposed place and date of import
 o                                                       4. Authority responsible for issue
JE                                                          (name, address and telephone No)
 3
 a
 o>
 c
3
jo   5. Oedarant/representative as applicable            6. Country of origin
 o      (name and full address)                              (and geonomenclature code)
x:
                                                         7. Country of consignment
 a.
 o                                                          (and geonomenclature code)
o
                                                         8. Last day of validity
    9. Description of goods                                                 10. CN code
                                                                            \ \. Quantity in kilograms (net mass)
                                                                           12. Value in ecus, cif at Community frontier
    13. Additional remarks/additional units
     14. Competent authority's endorsement
              Date :
              Ston?iur<; :                     Siamp
                                                     10
 ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(95) 459 final
                                              DOCUMENTS
EN                                                                            02
                                     Catalogue number : CB-CO-95-503-EN-C
                                                              ISBN 92-77-94050-6
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