CELEX: 51988PC0831
Language: en
Date: 1988-12-13
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE ABOLITION OF EXIT FORMALITIES AT INTERNAL COMMUNITY FRONTIERS - INTRODUCTION OF COMMON BORDER POSTS

No C 29/8                             Official Journal of the European Communities                                       4. 2. 89
              Re-examined proposal for a Council Regulation (EEC) on the abolition of exit formalities at
                        internal Community frontiers — introduction of common border posts (*)
                                                COM(88) 831 final — SYN 65
              (Submitted by the Commission pursuant to Article 149 2, d, of the EEC Treaty on 15 December
                                                            1988)
                                                       (89/C 29/05)
              (l) OJ No C 282, 8. 11. 1986, p. 13.
                      COMMON POSITION                                                  RE-EXAMINED PROPOSAL
                                                                  Amendment No 1
                          Article 1                                                          Article 1
1.    This Regulation lays down the formalities and               1.    This Regulation applies to formalities on crossing
controls required for goods that cross internal frontiers         the Community's internal frontiers, hereinafter referred
of the Community accompanied by an ATA carnet, a                  to as 'formalities', which are generally required in respect
Community movement carnet or the form 302 laid down               of goods and/or commercial means of transport.
under the Convention between the Parties to the North
Atlantic Treaty on the Status of their Forces, signed in
London on 19 June 1951.
2.    For the purposes of this Regulation:                        2.    This Regulation also applies to:
— 'internal frontier' means a land frontier between two           — all checks to be carried out on crossing internal
    Member States,                                                    frontiers,
— 'office of exit' means the customs office by which the          — formalities and controls for confirming that the
    goods leave the territory of the Member State,                    goods in question have left the territory of the
    referred to as the 'Member State of exit',                        Member State of exit.
— 'office of entry' means the customs office by which the
    goods enter the territory of the Member State
    referred to as the 'Member State of entry'.
                                                                  Amendment No 2
                                                                                             Article la
                                                                  For the purposes of this Regulation:
                                                                  — 'internal frontier'     means a frontier       between   two
                                                                      Member States,
                                                                  — 'office of exit'{l) means the border post (') by which
                                                                      the goods leave the territory of the Member State
                                                                      referred to as the 'Member State of exit',
                                                                  — 'office of entry'(l) means the border post (l) by which
                                                                      the goods enter the Member State referred to as the
                                                                       'Member State of entry'.
                                                                  (') Term to be employed generally in the text of the Regulation.
 ---pagebreak--- 4. 2. 89                              Official Journal of the European Communities                               No C 29/9
                     COMMON POSITION                                                 RE-EXAMINED PROPOSAL
                                                                Amendment No 3
                         Article 2                                                          Article 2
1.    Where the goods referred to in Article 1 (1) cross        Where goods and/or commercial means of transport
an internal frontier, they need to be presented, for             cross an internal frontier, a single check shall be made
purposes of the formalities and controls to be carried out       for the purpose of formalities and controls.
at the office of exit under the ATA carnet, the
Community movement carnet or the form 302                       This check shall be made at the office of entry, where
procedure, only at the office of entry unless the office of
                                                                 the formalities shall be completed and any controls
exit is at the same time the office of departure.
                                                                 carried out both on that office's own account and on
                                                                behalf of the office of exit, in the conditions laid down
2.    Prohibitions and restrictions on importation,              in Articles 4 to 9.
exportation and transit issued by the Member States shall
apply to the extent that they are compatible with the
three Treaties establishing the European Communities.
3.    In addition to the formalities incumbent upon it as
such, the office of entry shall complete the formalities
and controls that are incumbent upon the office of exit
and shall immediately inform the latter thereof.
                                                                Amendment No 4
                                                                                           Article 2a
                                                                 1.    The officials of the office of entry required to act
                                                                 in respect of the crossing of an internal frontier shall be
                                                                 authorized:
                                                                — to supervise the completion, on behalf of the Member
                                                                     State of exit and with the same rights as those
                                                                     granted by the latter's legislation to its own officials,
                                                                     of that country's exit formalities,
                                                                — to carry out the controls relating to those formalities
                                                                     in place of the officials of the Member State of exit,
                                                                — to certify that the goods in question have left the
                                                                     territory of the Member State of exit, and
                                                                — to record any infringement observed in the course of
                                                                     these checks.
                                                                 2.    In the cases referred to in paragraph 1, the
                                                                 formalities and controls shall be deemed to have been
                                                                 carried out in the Member State of exit.
                                                                 Amendment No 5
                                                                                           Article 2b
                                                                The officials of the office of entry shall carry out their
                                                                 duties as described in Articles 3 and 4 in accordance with
                                                                 the rules applicable in their own Member State.
 ---pagebreak---  No C 29/10                            Official Journal of the European Communities                                   4. 2. 89
                      COMMON POSITION                                                RE-EXAMINED PROPOSAL
                                                                 In particular, they shall, in the performance of the tasks
                                                                 entrusted to them on behalf of the Member State of exit
                                                                 under this Regulation, enjoy the same rights and
                                                                 protection, and be subject to the same obligations, as if
                                                                 they were acting on behalf of their own Member State.
                                                                 Amendment No 6
                          Article 3                                                         Article 3
 1.   Findings made pursuant to this Regulation by the            1.   The competent authorities of the Member State of
authorities at the office of entry in a Member State shall,      entry shall send the Member State of exit any findings,
in the Member State which the goods have just left, have         documents, reports, records of proceedings or infor-
the same evidential force as findings made by the auth-          mation on the formalities and checks in question which
orities of that Member State.                                    may be of interest to that Member State.
                                                                 They shall also regularly send the competent authorities
                                                                 of the Member State of exit any documents processed on
                                                                 behalf of and intended for that Member State.
2.    The competent authorities of the Member States             2.    The findings and acts of certification of officials of
shall, if necessary, communicate to one another all              the office of entry shall have the same conclusive force in
findings, documents, reports, records of proceedings and         the Member State of exit as the findings and acts of
information relating to the goods referred to in                 certification of the officials of that Member State.
paragraph 1.
                                                                 3.    Any findings of the officials of the office of entry
                                                                 which have an effect on the application of the rules of
                                                                 the Member State of exit shall be used by the competent
                                                                 authorities of that Member State in accordance with the
                                                                 provisions applicable to them.
                                                                 Amendment No 7
                          Artikel 4                                                        Article 4
Irregularities discovered in the circumstances specified in      Where it becomes evident, in the course of checks
Article 3 (') shall be deemed to have been discovered in         carried out by the officials of the office of entry, that the
the Member State which the goods have just.                      goods concerned have left the Member State of exit
                                                                 without the requisite dispatch or export formalities,
                                                                 including health or plant-health formalities, having been
However, where the irregularity observed is only in              carried out, the authorities of the office of entry shall
breach of the laws, regulations and administrative               send the said goods back to the Member State of exit
provisions in force in the Member State of entry or              unless the authorities of the Member State of entry
where an excess is observed in the Member State of               decide otherwise, where the finding also effects the legis-
entry, the findings shall be deemed to have been made in         lation of that Member State or is the subject of a specific
that Member State.                                               Community provision.
"Without prejudice to criminal proceedings, duties and
other textes shall be charged in accordance with the
laws, regulations and administrative provisions of the
Member States in which the findings are deemed to have
been made.
 ---pagebreak--- 4. 2. 89                             Official Journal of the European Communities                            No C 29/11
                     COMMON POSITION                                                RE-EXAMINED PROPOSAL
                                                               Amendment No 8
                                                                                          Article 4a
                                                                1.     Where difficulties arise concerning the interpre-
                                                               tation or application of the legislation of the Member
                                                                State of exit the authorities of the office of entry shall
                                                               contact their counterparts in the Member State of exit
                                                               directly.
                                                               2.      Each Member State shall provide the other Member
                                                                States with which it shares a common internal frontier
                                                               with:
                                                               — a list of the customs offices at the border crossing
                                                                     points on the said internal frontier,
                                                               — the requisite information concerning the authorities
                                                                     to be contacted pursuant to paragraph 1 or those to
                                                                     whom the documents referred to in Article 6 (1) are
                                                                     to be sent.
                                                               Amendment No 9
                                                                                          Article 4b
                                                                Each Member State shall inform the Member States with
                                                               which it shares a common frontier of the rules applicable
                                                                on leaving its territory.
                                                               The said Member States shall be given prior notification
                                                                of any amendment to those rules.
                                                               Amendment No 10
                        Article 5                                                          Article 5
The provisions of this Regulation shall be without              The provisions of this Regulation shall not form an
prejudice to agreements concluded or to be concluded            obstacle to any agreements concluded or to be concluded
between two or more Member States relating to the               between two or more Member States with a view to
reduction or abolition of formalities at frontiers between      introducing, within the context of achieving an internal
them.                                                           market in the Community, a greater degree of simplifi-
                                                                cation than is provided for by this Regulation.
                                                                Amendment No 11
                        Article 6                                                          Article 6
Notwithstanding the provisions of Title IV of Regulation        1.     The Committee on the Movement of Goods which
(EEC) No 3/84, the Committee on the movement of                was set up by Article 15 of Regulation (EEC) No 678/85
goods provided for in Article 55 of Council Regulation          ('), hereinafter referred to as 'the Committee', may
(EEC) No 222/77 (OJ No L 38, 9. 2. 1977, p. 1) as last          examine any question concerning the application of this
amended by Council Regulation (EEC) No 1674/87 of               Regulation that is raised by its chairman, either on his
11 June 1987 (OJ No L 157, 17. 6. 1987, p. 1), may              initiative or at the request of a Member State's represen-
examine any question concerning the application of this         tative.
Regulation raised by the chairman of the committee
either on his own initiative of at the request of the           2.     The provisions necessary for the application of this
representative of a Member State.                               Regulation shall be adopted by the Commission after
                                                                consulting the Committee. The Committee shall
                                                                deliberate on requests for its opinion formulated by the
                                                                Commission. The Commission, in seeking the opinion of
                                                                the Committee, may fix a time limit within which that
                                                                opinion must be given. The deliberations of the
                                                                Committee shall not be followed by a vote. However,
                                                                each member of the Committee may require that his
                                                                opinion be entered in the minutes.
                                                                O OJ No L 79, 21. 3. 1985, p. 1.
 ---pagebreak--- No C 29/12                           Official Journal of the European Communities                              4. 2. 89
                     COMMON POSITION                                              RE-EXAMINED PROPOSAL
                                                               Amendent No 12
                                                                                        Article 6a
                                                               Each Member State shall inform the Commission of the
                                                               measures it takes within the context of this Regulation.
                                                               The Commission shall communicate this information to
                                                               the other Member States.
                                                               Amendment No 13
                                                               Amendment No 14
                          Article 7                                                      Article 7
This Regulation shall enter into force on the third day        This Regulation shall enter into force on 1 July 1989.
following its publication.
It shall be applicable as from the first day of the third
month following its publication.
This Regulation shall be binding in its entirety and           This Regulation shall be binding in its entirety and
directly applicable in all Member States.                      directly applicable in all Member States.