CELEX: 51978PC0076
Language: en
Date: 1978-03-01
Title: PROPOSAL FOR A COUNCIL REGULATION LAYING DOWN THE CUSTOMS PROCEDURE APPLICABLE TO THE STORES OF VESSELS, AIRCRAFT AND INTERNATIONAL TRAINS

No C 73/4                           Official Journal of the European Communities                                23. 3. 78
                                                            II
                                                   preparatory    Acts)
                                              COMMISSION
              Proposal for a Council Regulation laying down the customs procedure applicable to the
                                   stores of vessels, aircraft and international trains
                          (Submitted by the Commission to the Council on 8 March 1978)
THE COUNCIL OF THE EUROPEAN                                      Community means of transport enjoy facilities similar
COMMUNITIES,                                                     to those which may be enjoyed by third-country
                                                                 means of transport with which they are in
Having regard to the Treaty establishing the                     competition; whereas the provisions of existing
European Economic Community, and in particular                   international conventions must also be respected, and
Articles 28, 43 and 235 thereof,                                 particularly those governing international transport
                                                                 in certain specific respects;
Having regard to the proposal from the Commission,
                                                                 Whereas, having regard to the similarity of the
Having regard to the opinion of the European                     problems posed by the supply of stores for vessels,
Parliament,                                                      aircraft and international trains in the fields of
                                                                 customs and taxation, and to the necessity of finding
Having regard to the opinion of the Economic and                 common solutions to these problems, it is also
Social Committee,                                                important, in order to determine the customs
                                                                 procedure for the supply of stores, to take account of
Whereas the customs legislation of all Member States             the measures laid down by the Council in its Sixth
provides for the application of a special customs                Directive 77/388/EEC of 17 May 1977 on the
procedure for stores for vessels, aircraft and                   harmonization of the laws of the Member States
international trains based on the consideration that             relating to turnover taxes — Common system of
the said products are mainly intended to be                      value added tax : uniform basis of assessment (*);
consumed outside the customs territory;
                                                                 Whereas the introduction of the customs procedure
Whereas this customs procedure consists essentially              for the supply of stores will make it possible, inter
in granting relief under certain circumstances from              alia, to ensure an implementation corresponding to
import duties on the arrival in the customs territory            the objectives of the Community provisions relating
of the means of transport and, on the departure of               to the granting of export refunds for agricultural
the said means of transport, in treating the loading             products supplied as stores for vessels used for
on board of stores in the same way as an exportation             transport by sea or for aircraft serving international
of goods outside the customs territory;                          lines; whereas it will also make it possible to combat
                                                                 more effectively certain frauds committed to the
                                                                 detriment of the Community's economy and budget,
Whereas it is necessary to define, on the Community
                                                                 by appreciably limiting the dangers of stores being
level, the customs procedure for the stores of vessels,
                                                                 transferred into the customs territory of the
aircraft and international trains;
                                                                 Community;
Whereas, in order to determine this procedure,
account must be taken of the need to ensure that                 (») OJ N o L 145, 13. 6. 1977, p. 1.
 ---pagebreak--- 23. 3. 78                           Official Journal of the European Communities                            N o C 73/5
Whereas the customs procedure for the supply of                (b) vessels shall mean any vessels falling within
stores should not prejudice the more restrictive                    headings N o 89.01, N o 89.02 and subheading
provisions in force in Member States relating to                    89.03 A of the Common Customs Tariff;
protection for social or health reasons of certain
occupational categories;                                       (c) international sea transport shall mean transport
                                                                    carried out by a vessel by sea from one Member
Whereas it is important to ensure the uniform                      State and bound for another Member State or for
implementation of the provisions of this Regulation                 a non-member country, or vice versa, and
 and for this purpose to make provision for a                       transport carried out by a vessel by sea outside
Community procedure to allow the adoption of                        territorial waters setting out from a Member
methods of implementation for it within the                        State and returning to the same Member State
appropriate periods of time; whereas recourse should               without stopping at another Member State or a
be made to the Committee on Duty Free                              non-member country;
Arrangements set up by Council Regulation (EEC)
N o 1798/75 of 10 July 1975 on the importation free            (d) international inland waterway transport shall
of Common Customs Tariff duties of educational,                     mean transport carried out by a vessel on waters
scientific and cultural materials (1), in order to allow           having international status situated within the
close and effective collaboration between the                      customs territory of the Community and
Member States and the Commission in this respect,                  transport carried out by a vessel on a lake, river
                                                                   or canal, setting out from a Member State and
                                                                   bound for a non-member country, or vice-versa;
HAS ADOPTED THIS REGULATION:                                       The following waters have international status:
                                                                   — the Rhine and its tributaries and the other
                      CHAPTER 1                                         waterways referred to in Article 2 of the
                                                                        revised Mannheim Convention of 17 October
                                                                        1868 for the Navigation of the Rhine,
                        GENERAL
                                                                   — the Scheldt as far as Antwerp            and the
                                                                        Terneuzen canal as far as Ghent,
                        Article 1
                                                                   — the Moselle, from its confluence with the
1.    This Regulation shall lay down the customs                        Rhine as far as Metz;
procedure for products intended for consumption on
board vessels, aircraft and international trains,              (e) international air transport shall mean transport
hereinafter called 'stores'.                                       carried out by an aircraft from one Member State
                                                                   and bound for another Member State or for a
2.    For the purpose of this Regulation:                          non-member country, or vice versa;
(a) stores shall mean catering supplies, fuels,                    Transport carried out by an aircraft between
     lubricants and other oils for technical use, and              French territory in Europe and the French
     sundry stores;                                                overseas departments or between the United
                                                                   Kingdom and the Channel Islands or between
     — 'catering supplies' shall mean any products                 Denmark and Greenland, or vice versa, shall be
         intended solely for consumption on board by               treated in the same way as international air
        crew members and passengers,                               transport;
     — 'fuels, lubricants and other oils for technical         (f) aircraft shall mean aircraft (including helicopters)
         use' shall mean products intended for feeding             operating by means of a propelling engine;
         the propulsion units and operating other
         machinery and plant on board,
                                                               (g) pleasure vessels or private aircraft shall mean
     — 'sundry stores' shall mean any consumable                   vessels or aircraft used by the owner or the
         products intended for household use and any               natural or legal person who enjoys their use
         consumable      products     used     for   the           either through hire or any other means, for
         preservation, treatment or preparation on                 purposes other than commercial purposes and in
         board of the goods carried;                               particular other than for the transport of people
                                                                   for payment, reward or any other material
                                                                   advantage and for the industrial and commercial
(») OJ No L 184, 15. 7. 1975, p. 1.                                transport of goods with or without payment;
 ---pagebreak--- No C 73/6                             Official Journal of the European Communities                               23. 3. 78
(h) ports shall mean both port installations as such             2.     Stores on board a vessel carrying out
     and roadsteads or any other mooring points                  international sea transport at the time of its arrival at
     authorized by the competent authorities;                    a port situated in the customs territory of the
                                                                 Community may:
(i) international trains shall mean trains carrying out
                                                                 — be kept on board under the conditions set out in
     a journey beginning in the Community and
     ending in a non-member country, or vice versa,                   Article 25,
     and trains connecting two Member States via a               — be declared for free circulation or placed under
      non-member country;                                             another customs procedure,
 (j) import duties shall mean customs duties and                 — be transferred, under the control and with the
      charges having equivalent effect and agricultural               authorization of the customs authorities, to other
      levies and other import charges under the                       vessels in the sagie port, or
      common agricultural policy, or under specific
      arrangements applicable from the processing of             — be consumed on board under the conditions set
      agricultural products;                                          out in Articles 3, 4 and 5.
(k) export duties shall mean agricultural levies and
                                                                                           Article 3
      other export charges under the common agricul-
      tural policy, or under specific arrangements
      applicable under Article 235 of the Treaty to              Subject to Article 5, the stores referred to in the
      certain goods resulting from the processing of             fourth indent of Article 2 (2) which are intended to
      agricultural products. However, the compensa-              be consumed on board a vessel carrying out
      tory amounts established by Article 1 of Regu-              international sea transport whilst it is in a port
      lation (EEC) No 974/71 (*) shall not fall within           situated in the customs territory of the Community
      the scope of this Regulation;                               shall be relieved from import duties.
 (1) customs debt shall mean the obligation of a                 Subject as aforesaid, the stores referred to in the
      natural or legal person to pay the amount of                fourth indent of Article 2 (2), which are intended to
      import duties or export duties applicable under             be consumed on board a vessel carrying out
      the provisions in force to the goods subject to             international sea transport during a journey between
      such duties.                                               ports of call situated in the same Member State shall
                                                                  also be relieved from the said duties provided that
                                                                  these ports of call are part of the normal itinerary of
                                                                  the said vessel to the final port of destination. These
                       CHAPTER II                                 provisions shall apply even if the journey between
                                                                 these ports of call is carried out in the territorial
   PROVISIONS APPLICABLE TO STORES FOR                           waters or on the inland waterways of the Member
   VESSELS CARRYING OUT INTERITIONAL SEA                          State in question, provided that no passengers or
                       TRANSPORT                                 freight are embarked at one port of call in order to
                                                                 be disembarked at another.
                          TITLE I                                The relief referred to in the preceding paragraph shall
                                                                 also be granted, under the same conditions, in respect
                     Incoming vessels                            of stores loaded at a port of call in a Member State
                                                                  on board a vessel carrying out international sea
                                                                  transport which ends in the Member State in question.
                          Article 2
 1.     Stores on board a vessel carrying out                                              Article 4
 international sea transport which enters territorial
 waters bound for a port situated in the customs                  When stores are consumed whilst the vessel carrying
 territory of the Community may be consumed until                 out international sea transport is in a port, the relief
 the vessel arrives in the port under the same                    referred to in Article 3 shall be granted for the entire
 conditions as if the said vessel were outside such               period during which the vessel is in port, provided
 territory.                                                       that this does not exceed the usual period necessary
                                                                  to achieve the purposes for which the said vessel
                                                                  carries out the international sea transport which it
 (*) OJ N o L 106, 12. 5. 1971, p. 1.                             has undertaken.
 ---pagebreak---  23. 3. 78                             Official Journal of the European Communities                             No C 73/7
 The relief referred to in Article 3 shall also be                — in the case of stores coming within the said
 granted whilst a vessel carrying out international sea                Article, as an exportation of goods outside the
 transport is in a dock, workshop or shipyard where it                 Community. However, in this case, the catering
 is undergoing repairs, unless it is out of commission                 supplies shall not be subject to export duties.
 for the duration of these repairs.
                                                                  2.     Paragraph 1 shall also apply:
                           Article 5                               (a) to stores intended for consumption on board in a
                                                                       port during the entire period during which the
 Articles 3 and 4 shall not apply to:                                   vessel is in port, provided that this does not
                                                                       exceed the usual period necessary to achieve the
 (a) catering supplies consumed on:                                    purposes for which the said vessel carries out the
                                                                       international sea transport which it has
      — a vessel whilst it is out of commission or                     undertaken;
          whilst it is being used for purposes other than
          those for which it normally carries out                  (b) to stores intended for consumption during a
          international sea transport,                                 journey between two ports of call situated in the
                                                                       same Member State, provided that these ports of
      — a vessel used as a floating residence or a                     call are part of the normal itinerary of the vessel
          floating restaurant, hotel or casino, or for                 carrying out international sea transport. These
          similar purposes, during the entire period of                provisions shall apply even if the journey
          its stay in a port or in the territorial waters of           between these ports of call is carried out in the
          a Member State,                                              territorial waters or on the inland waterways of
                                                                       the Member State in question, provided that no
      — a pleasure vessel during the entire period of                  passengers or freight are embarked at one port of
          its stay in a port or in the territorial waters of           call in order to be disembarked at the other.
          a Member State,
      — a vessel belonging to the administrative
                                                                  3.     Where a vessel is outward bound for the first
          services and a military vessel flying the flag of
                                                                  time, or after a stay in the port of departure which
          the Member State of arrival during the entire
                                                                  exceeds the usual period referred to in paragraph 2
          period of its stay in that State,
                                                                  (a), the consumption of stores loaded on board may
     *— a fishing vessel, save for a vessel engaged in            not benefit under paragraph 1, save under special
          high-sea fishing, registered in the Member              circumstances to be assessed by the competent
          State of arrival during the entire period of its        authorities, except within the 48 hours immediately
          stay in that State;                                     preceding the departure of the said vessel.
(b) fuels other than those contained in standard-size
      tanks directly connected to the propulsion units                                    Article 7
      and other machinery and plant on board to be
      fed therewith.
                                                                  Article 6 shall not apply to stores loaded on board
                                                                  pleasure vessels.
                          TITLE II
                                                                                          Article 8
                   Outward bound vessels
                                                                 For the purposes of applying Article 6 to fuels,
                          Article  6                             lubricants and other oils for technical use, and
                                                                 sundry stores, the following shall be deemed to be
1.     Subject to Article 7, the loading on board                vessels carrying out international sea transport:
outward bound vessels carrying out international sea
transport of stores intended for consumption on                   (a) coastal fishing vessels;
board during the voyage shall be considered for all
purposes:                                                        (b) vessels used for life-saving and assistance at sea;
— in the case of stores not coming within Article 9
     (2) of the Treaty, as a re-exportation of goods             even if these vessels do not sail outside territorial
    outside the Community,                                       waters.
 ---pagebreak--- No C 73/8                           Official Journal of the European Communities                              23. 3. 78
                      CHAPTER III                              are part of the normal itinerary of the said vessel to
                                                               the final port of destination. These provisions shall
        PROVISIONS APPLICABLE TO STORES                        apply even if the journey between these ports of call
FOR VESSELS CARRYING OUT INTERNATIONAL                         is carried out on the inland waterways of the same
         INLAND WATERWAYS TRANSPORT                            Member State, provided that no passengers or freight
                                                               are embarked at one port of call in order to be
                                                               disembarked at another.
                         TITLE I
                                                               The relief referred to in the preceding paragraph shall
                     Incoming vessels                          also be granted, under the same conditions, in respect
                                                               of stores loaded at a port df call in a Member State
                                                               on board a vessel carrying out international inland
                         Article 9                              waterways transport which ends in the Member State
                                                               in question.
1.     Stores on board a vessel carrying out
international inland waterways transport which
enters the customs territory of the Community may                                      Article 11
be consumed under the same conditions as if the said
vessel were outside such territory:                            When stores are consumed whilst the vessel carrying
                                                               out international inland waterways transport is in a
(a) for the whole duration of the voyage, if this takes        port situated in waters not having international
     place exclusively on waters having international           status, the relief referred to in Article 10 shall be
     status;                                                    granted for the entire period during which the vessel
(b) where this is not the case, until the first port            is in port, provided that this does not exceed the
     situated in waters not having international status.        usual period necessary to achieve the purposes for
                                                                which the said vessel carries out the international
                                                                inland waterways transport which it has undertaken.
2.     Stores on board a vessel carrying out
international inland waterways transport at the time
of its arrival at the first port situated in waters not                                Article 12
having international status may:
— be kept on board under the conditions set out in              Articles 9, 10 and 11 shall not apply to:
    Article 25,
                                                                (a) catering supplies intended for consumption in the
— be declared for free circulation or placed under                   customs territory of the Community;
     another customs procedure,
                                                                 (b) fuels other than those contained in standard-size
— be transferred, under the control and with the                     tanks directly connected to the propulsion units,
     authorization of the customs authorities, to other              and other machinery and plant on board to be
     vessels in the same port, or                                    fed therewith.
— be consumed on board under the conditions set
     out in Articles 10, 11 and 12.
                                                                                        TITLE II
                         Article 10                                              Outward bound vessels
 Subject to Article 12, the stores referred to in the
 fourth indent of Article 9 (2) which are intended to                                  Article  13
 be consumed on board a vessel carrying out
 international inland waterways transport whilst it is           1.    Subject to Articles 14 and 15, the loading on
 in a port situated in waters not having international           board outward        bound vessels carrying out
 status shall be relieved from import duties.                    international inland waterways transport of stores
                                                                 intended for consumption on board during the
                                                                 voyage shall be considered for all purposes:
 Subject as aforesaid, the stores referred to in the
 fourth indent of Article 9 (2) which are intended to            — in the case of stores not coming within Article 9
 be consumed on board a vessel carrying out                          (2) of the Treaty, as a re-exportation of goods
 international inland waterways transport during a                   outside the Community,
 journey between ports of call situated in the customs
 territory of the Community shall also be relieved               — in the case of stores coming within the said
 from the said duties, provided that these ports of call             Article, as an exportation of goods outside the
 ---pagebreak--- 23. 3. 78                           Official Journal of the European Communities                              No C 73/9
    Community. However, in this case, the catering             territory of the Community, may be consumed until
    supplies shall not be subject to export duties.            the aircraft arrives at the airport under the same
                                                               conditions as if the said aircraft were outside such
2.    Paragraph 1 shall also apply:                            territory.
(a) to stores intended for consumption on board in a
     port during the entire period during which the            2.    Stores on board an aircraft at the time of its
     ship is in port, provided that this does not              arrival at an airport situated in the customs territory
     exceed the usual period necessary to achieve the          of the Community may:
     purposes for which the said vessel carries out the
                                                               — be kept on board under the conditions set out in
     international inland waterways transport which it
                                                                   Article 25,
     has undertaken.
(b) to stores intended for consumption during a                — be declared for free circulation or placed under
     journey between two ports of call situated in the             another customs procedure,
     same Member State, provided that these ports of
                                                               — be transferred, under the control and with the
     call are part of the normal itinerary of the vessel
                                                                   authorization of the customs authorities to other
     carrying out international inland waterways
                                                                   aircraft in the same airport, or
     transport. These provisions shall apply even if
     the journey between these ports of call is carried        — be consumed on board under the conditions set
     out on the inland waterways of the Member                     out in Article 17.
     State in question, provided that no passengers or
     freight are embarked at one port of call in order
     to be disembarked at the other.
                                                                                       Article  17
3.    Where a vessel is outward bound for the first
time, or after a stay in the port of departure which           The stores referred to in the fourth indent of Article
exceeds the usual period referred to in paragraph 2            16 (2) which are intended to be consumed on board
(a), the consumption of stores loaded on board may             an aircraft on an international flight whilst it is at a
not benefit under paragraph 1, save under special              Community airport shall be relieved from import
circumstances to be assessed by the competent                  duties.
authorities, except within the 48 hours immediately
preceding the departure of the said vessel.
                                                               The stores referred to in the fourth indent of Article
                                                               16 (2) which are intended to be consumed on board
                        Article 14                             an aircraft on an international flight whilst it is flying
                                                               between stops situated in the same Member State
Article 13 shall not apply to stores loaded on board           shall also be relieved from the said duties, provided
pleasure vessels or fishing vessels.                           that these stops are part of the normal itinerary of
                                                               the said aircraft to the final airport of destination and
                                                               provided that no passengers or freight are embarked
                        Article 15
                                                               at one stop in order to be disembarked at another.
Article 13 shall not apply to catering supplies
intended for consumption in the customs territory of           The relief referred to in the preceding paragraph shall
the Community.                                                 also be granted, under the same conditions, in respect
                                                               of stores loaded on board during a stop made in a
                                                               Member State by an aircraft on an international
                      CHAPTER IV                               flight which ends in the Member States in question.
        PROVISIONS APPLICABLE TO STORES
                     FOR AIRCRAFT
                                                                                        TITLE II
                         TITLE. I
                                                                                    Outgoing aircraft
                    Incoming aircraft
                        Article 16                                                     Article  18
1.     Stores on board an aircraft on an international         1.     Subject to Article 79, the loading on board an
flight, bound for an airport situated in the customs           aircraft leaving on an international flight of stores
 ---pagebreak--- No C 73/10                           Official Journal of the European Communities                               23.3. 78
intended for consumption during the flight shall be                                     Article 21
considered for all practical purposes:
                                                                Article 20 (1) shall not apply to:
— in the case of stores not coming within Article 9
     (2) of the Treaty, as a re-exportation of goods             (a) alcoholic beverages        and    other products
     outside the Community,                                          containing alcohol, with the exception of beer and
                                                                     wine (including sparkling wine);
— in the case of stores coming within the said
     Article, as an exportation of goods outside the            (b) tobacco and tobacco products.
     Community. However, in this case, the catering
     supplies shall not be subject to export duties.
                                                                                        Article 22
2.     Paragraph 1 shall also apply to stores intended          The relief referred to in Article 20 shall be subject to
for consumption between two stops situated in the               the following conditions:
same Member State, provided that these stops are
part of the normal itinerary of the aircraft on an               (a) in the case of catering supplies:
international flight and provided that no passengers                 — that they do not exceed the quantities
or freight are embarked at one stop in order to be                       normally necessary for the needs of travellers
disembarked at the other.                                                during the journey to and from their
                                                                         destination,
                         Article 19                                  — that they are bought exclusively in one of the
                                                                         third countries in which the international
Article 18 shall not apply to stores loaded on board                     train in question stops, in accordance with
private aircraft.                                                        domestic market conditions and that their
                                                                         loading on board does not entail either the
                                                                         refund of import duties which may have been
                                                                         paid, nor the granting of all or part of other
                      CHAPTER V                                          advantages prescribed in the case of
                                                                         exportation;
        PROVISIONS APPLICABLE TO STORES
                                                                (b) in the case of fuels, that they are contained in
            FOR INTERNATIONAL TRAINS
                                                                     standard-size tanks installed in the means of
                                                                     transport in question and connected directly to
                          TITLE I                                    the plant to be fed therewith.
                     Incoming trains
                                                                                         TITLE II
                         Article 20                                                  Outgoing trains
1. The stores on board an international train                                           Article 23
which enters the customs territory of the Community
and is bound for a station situated within this                 Outgoing international trains shall only take on
territory may be consumed free of import duties                 stores coming within Article 9 (2) of the Treaty or
under the conditions set out in Articles 21 and 22 for          products which, being on board incoming
the entire period of its journey to the final station of        international trains, have been dealt with in
destination.                                                   accordance with Article 20 (2) hereof. The latter may
                                                                be consumed duty-free throughout the whole of the
                                                                journey within the customs territory of the
2.     Stores on board an international train at the            Community.
time of its arrival at the station of destination may:
— be kept on board under the conditions set out in
    Article 25,                                                                       CHAPTER VI
— be declared for free circulation or placed under                                 FINAL PROVISIONS
    another customs procedure, or
                                                                                        Article 24
— be transferred, under the control and with the
    authorization of the customs authorities, to other         Stores on board a vessel, aircraft or international
    international trains at the same station.                  train at the time of its arrival in a port, an airport or
 ---pagebreak---  23. 3. 78                           Official Journal of the European Communities                           No C 73/11
a station of destination situated in the customs                4.    Where the conditions of a voyage to be carried
territory of the Community shall be entered on the              out by the means of transport do not justify the
manifest or other document required by the customs               consumption of catering supplies by the crew
authorities. Such documents shall be lodged at the              members or the passengers during this voyage, the
customs office of arrival within the times laid down            customs authorities shall not authorize the loading
in Article 4 (1) of Council Directive 68/312/EEC of              of such supplies which benefit under this Regulation.
30 July 1968 on harmonization of the provisions laid
down by law, regulation or administrative action
relating to: (1) customs treatment of goods entering
the customs territory of the Community; (2)                                             Article 27
temporary storage of such goods (1).
                                                                 1.   All stores on board before the departure of
By way of derogation from the foregoing paragraph,
                                                                vessels and aircraft carrying out international
the customs authorities may, when the circumstances
                                                                transport by sea, inland waterways or by air shall be
so justify, accept an oral statement instead of a
                                                                listed on a suitable document in a form laid down by
written document or even, in special cases, waive the
                                                                the customs authorities. Such document shall be
requirement for a declaration.
                                                                made out before departure and shall contain all
                                                                information necessary to enable the said authorities
                                                                to verify that Article 26 has been complied with.
                         Article  25
                                                                By way of derogation from the foregoing paragraph,
On the arrival of a vessel, aircraft or international
                                                                the customs authorities may, when the circumstances
train, the customs authorities shall, if they deem it
                                                                so justify, accept an oral statement instead of a
necessary, place under customs seal any stores in
excess of those admissable free of import duties                written document or even, in special cases, waive the
                                                                requirement for a declaration. In particular, stores
under this Regulation.
                                                                bought in accordance with domestic market
                                                                conditions and which are not eligible for any
                                                                reduction or export refund may be exempted from a
                        Article  26                             declaration.
1.     The stores to be embarked may only benefit
                                                                2.    Loading of stores on board the means of
from the facilities provided under this Regulation to
the extent of the quantities necessary for the proper           transport referred to in paragraph 1 may only be
operation of the means of transport and to satisfy the          carried out with the authorization and under the
normal needs of the crew members and passengers of              control of the customs authorities.
such means of transport.
When determining these quantities, the customs                                          Article 28
authorities shall take particular account of the means
of transport used, the number of crew members and
passengers, the nature and the estimated length of the          If the failure to observe one of the conditions
journey (where appropriate, whether it is a return              referred to in this Regulation entails a customs debt
trip) and the quantity of stores already on board the           on importation or on exportation, the operative date
means of transport.                                             for determining the elements of any taxation of the
                                                                goods in question shall be the date on which this
2.    Where circumstances so justify, the quantities of         irregular situation occurred or, if the customs
stores to be embarked may be determined overall,                authorities are unable to determine the latter, the
taking into account the normal needs of the crew               date on which they first noticed the irregular
members and the passengers for a period fixed by the            situation of the goods.
customs authorities.
3.    During the time that a vessel stays in port, the
customs authorities may fix the quantities of catering                                 Article  29
supplies at lower amounts than those which they
authorize for the navigation period on the said ship.
                                                                This Regulation shall not prejudice any provisions in
                                                                force in Member States relating to protection for
(*) OJ N o L 194, 6. 8. 1968, p. 13.                            social or health reasons.
 ---pagebreak--- No C 73/12                           Official Journal of the European Communities                                 23. 3. 78
                        Article 30                                    Island of Heligoland, and the             provisions
                                                                      governing     international     inland     waterway
This Regulation shall not prevent:                                    transport on Lake Constance.
(a) the application of more restrictive conventional
    measures in force in Member States relating to                                      Article 31
    reciprocity of treatment;
                                                                 1.     The Committee on Duty Free Arrangements set
(b) the application of special measures laid down in             up by in Article 7 of Regulation (EEC) No 1798/75,
    respect of foreign armed forces stationed on the             may examine all such matters relating to the
     territory of Member States in pursuance of                  implementation of this Regulation as are put to it by
     international conventions;                                  its chairman, whether on his own initiative or at the
                                                                 request of the representative of a Member State.
(c) the application of special agreements concluded
     by Member States authorizing aeroplanes of third
                                                                 2.     The provisions necessary for the implemen-
     countries or other Member States to operate
                                                                 tation of Articles 4, 5, 6, 8, 10, 11, 13, 17, 18, 19 and
    freight or passenger transport between two points
                                                                 24 to 27 of this Regulation shall be adopted in
    in their territory;
                                                                 accordance with the procedure laid down in Article 9
(d) the application of the conventions concluded                 (2) and (3) of Regulation (EEC) No 1798/75.
     between the Federal Republic of Germany and,
     on the one hand, the Republic of Austria and, on                                    Article 32
     the other hand, the Socialist Federal Republic of
    Yugoslavia regarding the customs procedure for
                                                                 This Regulation shall enter into force on 1 January
    vessels navigating on the Danube;
                                                                 1979.
(e) the application of provisions governing the
    maritime relations between the customs territory             This Regulation shall be binding in its entirety and
    of the Federal Republic of Germany and the                   directly applicable in all Member States.
              Proposal for a Council Regulation opening, allocating and providing for the
              administration of Community tariff quotas for certain wines having a registered
              designation of origin, falling within subheading ex 22.05 C of the Common Customs
                                         Tariff, originating in Algeria (1978/79)
                            (Submitted by the Commission to the Council on 7 March 1978)
THE COUNCIL OF THE EUROPEAN                                      April 1976, stipulates in Article 20 that certain wines
 COMMUNITIES,                                                    having a registered designation of origin, falling
                                                                 within subheading ex 22.05 C of the Common
Having regard to the Treaty establishing the                     Customs Tariff and originating in Algeria shall be
European Economic Community, and in particular                   imported into the Community free of customs duties
Articles 43 and 113 thereof.                                     within the limits of an annual Community tariff
                                                                 quota; whereas the quota volume for the period from
Having regard to the proposal from the Commission,               1 July 1978 to 30 June 1979 is 400 000 hectolitres
                                                                 consisting of 1.70 000 hectolitres of wine in bulk, and
                                                                 230 000 hectolitres of wine in bottles; whereas wine
Having regard to the opinion of the European
                                                                 in bulk must be put up in accordance with certain
Parliament,
                                                                 conditions;
Whereas the Cooperation Agreement between the
European Economic Community and the People's                     Whereas, however because of certain difficulties for
Democratic Republic of Algeria (*), signed on 26                 the transport of wine in bulk, a derogation should be
                                                                 made from the relevant provisions of the Agreement
                                                                 so that the transport may be effected in containers of
 H OJ No L 141, 28. 5. 1976, p. 2.                               a capacity not exceeding 200 hectolitres;