CELEX: 51981PC0036
Language: en
Date: 1981-02-03
Title: Proposal for a COUNCIL REGULATION (EEC) amending for the third time Regulation (EEC) No 222/77 on Community transit (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 36
Vol. 1981/0008
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM ( 81 ) 36 final
                                               Brussels , 3 February 1981
                               Proposal for a
                         COUNCIL REGULATION ( EEC )
         amending for the third time Regulation ( EEC ) No 222 / 77
                           on Community transit
              ( submitted to the Council by the Commission )
COM ( S1 ) 36 final
 ---pagebreak---  \
                                 ExplarUtory mémorandum
1 , Council Regulation ( EEC ) No 222 / 77 of 13 December 1976 on Community
              1
     transit    includes provisions concerning the guarantee which must
     normally be furnished in order to ensure Collection of the duties and
     other taxes which may become payable in the course of a Community transit
     operation ,                                          .       -
2 , Except in the case of a cash deposit , the guarantee consists in a natural
     or legal third person furnishing a joint and several guarantee by signing
     a guarantee form which conforms, according to the case in point , to
     specimens I , II or III annexed to the Regulation ,    These guarantee forms
     provide , amongst other things , that the person acting as guarantor under­
     takes to pay the sums requested forthwith , upon the first application in
     writing by the competent authorities .
     At present , therefore , guarantors are allowed no time in which , for
     example , to establish whether the requests for payment made of them are
     justified .    Experience has shown that guarantors regard this situation as
     an excessive imposition and that it may prompt some of them to withdraw
     from the Community transit guarantee system ; their withdrawal would not
     only seriously disrupt the operation of the system , but might also deprive
     certain categories of operator of the opportunity of using Community
     transit procedures on their own account and without an intermediary ,
 3 , It is therefore necessary to . introduce a measure of flexibility into'the
     guarantee arrangements , and in particular to provide for a period in which
     to make payment .     Following the practice on other international transit
      procedures , it would seem appropriate to fix this period . at three months
      from receipt of the written request for payment ,          x
 4 , The purpose of this draft Regulation , which it is proposed the Council'''
      adopt , is to amend the specimen guarantee forms annexed to the abovemen-
     tioned Regulation in order to introduce this three-month period ,,
 1 0J No L 38, 9,2,1977, p. 1 ."
 ---pagebreak---                       PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING
                FOR THE    THIRD TIME REGULATION ( EfC ) No 222 / 77 ON
                                 COMMUNITY TRANSIT
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                    '
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 235 thereof ,
                                                      1
Having regard to the proposal from the Commission ,
                                                            2
Having regard to the opinion of the European Parliament ,
                  ■ I                   i ■
Having, regard to the opinion of the Economic and Social Committee ,
                              y      ..       4
Whereas Council Regulation ( EEC ) No 222/ 77 , as last amended by
 the Act of Accession of Greece , provides that the gua­
rantee which must normally be furnished in order to ensure collection of
the duties and other taxes which may become payable in the course of a
Community transit operation shall consist of the joint and several guarantee
of a natural or legal third person and that this guarantee shall be in the
form of one of 'the specimens annexed to the said Regulation ;
Whereas these specimen guarantee forms stipulate , in particular , that
the guarantor shall pay the sums requested forthwith , upon the first appli­
cation in writing by the competent authorities ;
Whereas experience has shown that this requirement is excessive and that
guarantors need to be allowed a certain period in which to effect payment ,
which period it would seem appropriate to fix at three months ;
  OJ No
20J No C
30J No C
A0J No L 38, 9.2.1977, p. 1 „
 ---pagebreak---                                       - 2  -
  Whereas the introduction of this three-month period makes it necessary to
  adopt the Community transit guarantee forms and whereas the specimens of
  these forms annexed to Regulation ( EEC ) No 222 / 77 must therefore be amended ,
  HAS ADOPTED THIS REGULATION :
                                     Article 1
  The specimen guarantee forms annexed to Regulation ( EEC ) No 222 / 77 are
  hereby replaced by the specimens annexed to this Regulation#
                                     Article 2
  This Regulation shall enter into force on the third day following its publi­
  cation in the Official Journal of the European Communities ,
  This Regulation shall be binding in its entirety and directly applicable
   in all Member States .
   Done at Brussels .
/
                                                        For the Council
                                                        The Président
 ---pagebreak---                                                       ANNEX          ■                      <•...             ■
                                                 SPECIMEN I                       . . -               •          ■
                 ^               ,       COMMUNITY TRANSIT
                                                 GUARANTEE               .
             (Comprehensive-guarantee covering several Community transit operations)
I. UNDERTAKING BY THE GUARANTOR
     1 . The undersigned                                                                                     (')
          resident at                                                                                        (*)
         hereby jointly and severally guarantees, at the office of guarantee of
           up to a jn.axinjum^amount^of                                ;
         in favour of the Kingdom of Belgium , the Kingdom of Denmark , the Federal Republic of
         Germany, the Hellenic Republic, the French Republic, Ireland, the Italian Republic, the Grand Ducty of
 Luxes bourg, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern
         Ireland (3),
         any amount for which a principal                                               (4) may be or become
         liable to the ahovenientioned                  States                                    'by reason of
         infringements or irregularities committed in the course of a Community transit operation
         carried out by that person , including duties , taxes, agricultural levies and other charges–
         with the exception of pecuniary penaities -r-as regards principal or further liabilities,
         expenses and incidentals. -                                                                               '
      2. The uidersigned undertakes to pay , within a period of three months from the date of the first
          application in writing by the competent authorities of the States referred to in paraoraph 1, j
   i      and without being able to defer payment beyond such period, the SUBS requested ip to the liait ;
          of the naxinus anoint aforesaid .
         This amount may not be reduced by the sums already paid in pursuance of this undertaking
          unless recourse is had to the undersigned in respect of a Community transit operation
          which began before the 30rh day following that of the receipt by the undersigned of pre­
          vious application or applications.
      3. This undertaking shall be valid from the day of its acceptance by the office of guarantee.
          This guarantee may be cancelled at any time by the undersigned, or by the State in the terri­
          tory of which the office of guarantee is situated.
          The cancellation shall take effect on the 16th day after notification thereof to the other
          party .
          1 he undersigned shall remain responsible for payment of the sums which become payable
          in respect of Community transit operations covered by this undertaking which began
          before the date on which rhe cancellation took effect, even if the demand for payment
          is made after that date .
(' ) surname and forename*, or name of firm .
(■) Full adtirest.
r) Delete rhe name of any          State of which the territory will not be used.
(') Surname and forenames, or name of firm , and full address of the principal.
 ---pagebreak---      4. For the purpose of this undertaking the undersigned gives his address for service (') as
                                                                      (*) and in each of the other                        States
           referred to in paragraph 1 as care of :
                         State                      Surname and forenames, or name of firm , and full address
                                                                                              \
            The undersigned acknowledges that all correspondence and notices and any formaliticsr
            <-r procedures relating to this undertaking addressed to or effected in writing at one of
            h.s addresses for service shall be accepted and duly delivered to him .
            The undersigned acknowledges the jurisdiction of the courts of the places where he has
            an address for service .
             The undersigned undertakes to maintain his *^^""^ For1servicc or, if he has to alter one
             or more of those addresses, to inform the office of guarantee in advance.
                                                        Done at                                        on
                                                                                      (Signature (•))
 II . ACCEPTANCE BY THE OFFICE OF GUARANTEE
       Office of guarantee
       Guarantor's undertaking accented on
                                                                                 (Stamp' and signature)
(' ) If, in the la.v of the State, there is no provision for address for service the guarantor shall appoint, in each of the States
     referred to in par.ipraph I. an agent authorized to receive any communications addressed to him. The courts of the
     places in which the addresses l<»r service of the guarantor or of his agents are situated shall have jurisdiction in disputes
     concerning tins guarantee . Thr 'at knowlt dgment m the second subparagraph and the undertaking in the fourth sub­
     paragraph of paragraph 4 must be made to correspond .
fa ) Full address .
(') The signature must he preceded by the following in the signatory's own handwriting : 'Guarantee for the amount of
                   ' with the amount written out in full.
 ---pagebreak---                                                                - 5-
                                                                   Sl'l' ( IMf'N II
                                                         COMMUNITY TRANSI T
                                                                  GUARANTEE
                            (Cuaranice covering a single Community transit operation)
   I. UNDERTAKINC BY                        I I liv ( il 'AR AN'TOR
        1 . The undersigned                                                                                                          fij
             resident at                                                                                                             (2)
              hereby jointly and severalty guarantees , at the office of departure of
           - in favour of the Kingdom of Bcluium , the Kingdom of Denmark , the Federal Republic
              of Cieriuauy, the Hellenic Republic, the French Republic, Ireland, the Italian Republic, the Grand Ducfy of
              Luxembourg, the Kingdom of the Netherlands , the United Kingdom of Crcat Britain and
              Northern Ireland (:1 ),
              any amount for which a principal                                                                   may be or become
              liable to the abovemennoned                                 States                                  '    by reason of
              infringements or irregularities commitied in the course ol a Community transit operation                                       -
             carried out by'that person from the office of departure of
             to the office of destination of                                                               in respect of the goods
             designated hereinafter , including duties, taxes, agricultural levies ami other charges – with
             the exception of pecuniary penalties – as regards principal or further liabilities, expenses
              and incidentals .
       2 . The indersigned undertakes to pay, wl thin a period of three months from the date of the first
            application in writing by the competent authorities of the States referred to in paragraph 1 ,
            and without being able to defer payment beyond such period, the SUBS requested .
       3. r his undertaking shall be valid from the day of its acceptance by the office of departure.                                    , .
       4 . 1-or the purposes oi this undertaking, the undersigned gives his address for service (') as
                                                                                                                       »
                                                              ( ') and , in cinch of the other                   States referred to
             in pnr.iur.iph I , as tare of :
'    Surname and forenames , or name of firm .
     I'uli addiess.
     Delete the name of any                    St .ire or States of which the territory is not fo he used .
' J Surname jikI l<iu'it;intis, or n.win. of hhn , and full address of the pniKi|).il,
(hi If , in the law of the               Sr.iie, there is no provi'aon for address for service, the guarantor shall appoint , in each
     ''I 1             Slates ri It rred i <» in p.ii.igraph I , .in ayenl authorized to receive any communications addressed to htni.
      Ihe conns of the pl.m'-s m wlmli i!h addresses for service of the iruarantor or of his agent* are situated shall have
     inrisdniion in disputes uMiurimii: this guarantee. Ihe acknowledgment in the second subparagraph and the under­
     taking in i he fourth suhp.iragr.iph of paragraph 4 must he made tu correspond.
 ---pagebreak---                                                  - 6 .
                   State                    Surname and forenames, or name of firm, and full addres*
                                                                                                              Γ
         The undersigned acknowledges that all correspondence and notices and any formalities
         or procedures relating to this undertaking addressed to or effected in writing at one of
         his addresses for service shall he accepted as duly delivered to him .
         The undersigned acknowledges the jurisdiction of the courts of the places where he has
         an address for service.
                                                    . .      . addresses .                    .. , ,     .
         The undersigned undertakes to maintain his                       tor service, or, if he has to alter
         one or more of those addresses, to inform the office of guarantee in advance.
                                                Done at                                    on
                                                                           (Signature (*))
II. ACCEPTANCE BY THE OFFICE OF DEPARTURE
     Office of departure
     Guarantor's undertaking accepted on
     to cover the Community transit operation under Tl /T2 (*),
     issued on                                                        ""d" No
                                                                    (Stamp Mid ngnature)
C) The tignature must be preceded br «be foUowin* in the ngnMory*" own h.odwriting.'&uMnree .
(*) DcJetc aa approprure.
 ---pagebreak---                                                                  - 7-
                                                                 SPECIMEN III
                                                        COMMUNITY TRANSIT
                                                                 GUARANTEE
                                                        (Flat-rate guarantee system)
  I. UNDERTAKING BY THE GUARANTOR
        1 . The undersigned                                                                                                                 ;(')
              resident at                                                                                                                   •0
              hereby jointly and severally guarantees, at the office of guarantee of
              in favour of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of
              Germany, the Hellenic Republic, the French Republic, Ireland, the Italian Republic, the Grand Duchy of ItKea-
              bourg, the Kingdom of the Netherlands, the United Kingdom of Great Britain and Northern
              Ireland,
            • any amount for which a principal may become liable to the abovementioned                                              - States
                                                        by reason of infringements or irregularities committted in the
              course of a Community transit operation including duties, taxes, agricultural levies and other
              charges – with the exception of pecuniary penalties – as regards principal or further liabili­
              ties. expenses and incidental charges with regard to which the undersigned has agreed to be
              responsible by the issue of guarantee vouchers up to a maximum amount of 7 000 tLUs ,
                                       per voucher.
      2 . The undersigned wdertakes to pay, within a period of three aonths froo the date of the first
             application in writing by the conpetent authorities of the States referred to in paragraph I ,
             and without being able to defer payaart beyond such period,, the siais requested ip to an anoint
         ■ of 7 OCC ECUs per guarantee voucher .
        3. This undertaking shall be valid from the day of its acceptance by the office of guarantee. This                                       .
              guarantee may be cancelled at any time by the undersigned , or by the                                             State in the
              territory of which the office of guarantee is situated .
              The cancellation shall take effect on the ■ 6th day after notification thereof to the other parry.
              The undersigned shall remain responsible for payment of the sums which become payable in
              respect of Community transit operations covered bv this undertaking which began before the
              dale on which the cancellation took effect , even if the demand for payment is made after that
              date .                                                                                            s
        4 . (') For the purpose of this undertaking, the undersigned gives his address for service as
                                                                            (') and, in each of the other States referred to
              in paragraph 1 , as care of ."                                          ;
( ' } Surname and forenames, or name of firm .
{*) ruli addfçss.
(*) If, m the Uw of a                 State, there is n<Tprovision for giving addresses for service, the guarantor shall appoint, in each of the
                 States referred to in paragraph I , an agent authorised to receive anv communications addressed to hint The courts of the
      place * in which the addresses fof service of the guarantor or of his ng^nt* ate situated shaM have turisduiion in disputes concerning
      this. giMranire The nknowledgemenl in the lecond subparagraph and Hie undertaking m the fourth subparagraph of paragraph 4
      hiusf he made to correspond.                                                                     '
 ---pagebreak---                        Sut«                        Surname and forenames, or name of firm, and full adress
                                                                                        \
                                                                                                   '
         The undersigned acknowledges that all correspondence and notices and any formalities or
         procedure relating to this underaking addressed to or effected in writing at one of his
         addresses for service shall be accepted as duly delivered to him .
         The undersigned acknowledges the jurisdiction of the courts of the places where he has an
         address for service .
         The undersigned undertakes to maintain his addresses for service, or, if he has to alter one or
         more of those addresses, to inform the office of guarantee in advance.
                                    Done at                                                      on
                                                                            (Signatare ( ' ))
II . ACCEPTANCE BY THE OFFICE OF GUARANTEE
     Office of guarantee                                          ;
     Guarantor's undertaking accepted on
                                                                        (Stamp and signature)
(') Thf signature must be preceded by the following in the signatory's own handwriting : *Cuar«ntee .