CELEX: 31971R1079
Language: en
Date: 1971-05-25 00:00:00
Title: Regulation (EEC) No 1079/71 of the Council of 25 May 1971 amending Articles 35 and 48 of Regulation (EEC) No 542/69 on Community transit

Official Journal of the European Communities                                   285
 28.5.71                            Official Journal of the European Communities                          No L 116/7
                                REGULATION (EEC) No 1079/71 OF THE COUNCIL
                                                    of 25 May 1971
                 amending Articles 35 and 48 of Regulation (EEC) No 542/69 on Community transit
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       dispatched, the yellow label provided for in Article
                                                               48 of Regulation (EEC) No 542/69 be affixed both
Having regard to the Treaty establishing the                   on    the   packages   and     on  the   accompanying
European Economic Community, and in particular                 documents;
 Article 235 thereof;
Having      regard    to   the   proposal     from    the      HAS ADOPTED THIS REGULATION :
Commission ;
                                                                                       Article 1
Having regard to the Opinion of the European
Parliament1 ;
                                                               1 . A second paragraph shall be added to Article 35
Having regard to the Opinion of the Economic and               of Regulation (EEC) No 542/69, as follows :
Social Committee ;                                                 'Where the guarantor has not been notified by the
                                                                   office of departure of the non-discharge of the T1
Whereas Article 27 of Council Regulation (EEC) No                  document,     he  shall   be  released   from   his
542/692 of 18 March 1969 on Community transit                      obligations on expiry of a period of twelve
requires the principal to furnish a guarantee which as             months from the date of registration of the T1
a rule takes the form of a joint and several guarantee             declaration.'
of a natural or legal third person;
                                                               2.    The    second paragraph     of Article 35      of
Whereas Article 35 of that Regulation provides that            Regulation (EEC) No 542/69 shall also apply to T1
the guarantor is released from his obligations when            declarations which were registered before the date of
the Tl document has been discharged at the office of           entry into force of this Regulation. In such cases the
departure; whereas, however, the need for certainty            twelve month period shall be calculated from that
in the law entails in certain circumstances that               date.
persons who act as guarantors be afforded the
certainty of being released from their obligations on
expiry of a fixed period which it seems appropriate                                   Article 2
to set at twelve months calculated from the date of
registration of the Community transit declaration ;            In the second sentence of paragraph 2 of Article 48 of
                                                               Regulation (EEC) No 542/69 the words 'to the
Whereas in order to ensure that the provisions of the          packages or to the accompanying documents' are
Treaty on free movement of goods apply, as regards             replaced by the words 'to the packages and to the
goods sent by post, only to goods which satisfy the            accompanying documents'.
conditions laid down in Articles 9 and 10 of that
Treaty, it should be provided that, in cases where
goods which do not satisfy those conditions are                                       Article 3
                                                               This Regulation shall enter into force on the third
1 OJ No C 45, 10.5.1971, p. 39.                                day following its publication in the Official Journal
2 OJ No L 77, 29.3.1969, p. 1.                                 of the European Communities.
 ---pagebreak--- 286                      Official Journal of the European Communities
    This Regulation shall be binding in its entirety and directly applicable in all Member
    States .
    Done at Brussels, 25 May 1971 .
                                                                        For the Council
                                                                         The President
                                                                         M. COINTAT