CELEX: 51978PC0691
Language: en
Date: 1978-12-05
Title: Proposal for COUNCIL REGULATION (EEC) amending 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 (78) 691
Vol. 1978/0262
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(78)691 final
                                                 Brussels , 5 December 1978
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                             Proposa for ^
                                         v."\
                        COUNCIL REGULATION ( EEC )
       amending Regulation ( EEC ) No 222/ 77 on Community transit
             ( submitted to the Council by the Commission )
 COM (78 ) 691 final .
 ---pagebreak---                       EXPLANATORY MEMORANDUM
          This proposal to amend Council Regulation ( EEC ) No 222 / 77 of
13 December 1976 on Community transit' ( 1 ) relates to the flat-rate guarantee1
system and to the provisions applicable to goods carried by travelloers
or contained in their luggage :
1 . Flat-rate guarantee system (Article 32 of the Regulation )
    The application of the European unit of account ( E.U.A. ) to legal
    measures of the Institutions of the European Communities makes it
    necessary to convert into E.U.A. the flat-rate amount expressed in
    units of account in Regulation ( EEC ) No 222 / 77 and in Annex III
    of that Regulation .
    In addition it is advisable to take the opportunity provided by this
    change to bring up to date the amount of 5000 U.A. which is the
    present maximum liability of the guarantor . In view of the rate of
    inflation since 1969 it is considered reasonable to increase the
    amount from 5000 U. A to 7000 E.U.A.
    To avoid frequent changes in the working of the system and to make
    its operation by both customs administrations and its users as
    simple as possible it is proposed , as in the case of the application
    of the E.U.A. to the C.C.T. , to calculate its equivalent in national
    currencies only once per year .
2 . Special provisions applying to goods carried by travellers or contained
    in their luggage ( Article 49 of the Regulation).
    The proposal seeks to simplify the formalities when travellers cross
    internal frontiers of the Community by abolishing completely the
    ceiling of 300 U.A. above which they are required to prove the
    Community status of goods which they are carrying by presenting
    an internal Community transit document ( T2L ) . This ceiling cause-
    difficulties for both customs and travellers and in future goods will
    be accepted as having Community status when they have been so declared
    and there is no reason to doubt the accuracy of the declaration .
    ( 1 ) 0J No L 38 , 9.2.1977 , p.1
 ---pagebreak---                                            PROPOSAI,
                                              for
                                   Council Regulation ( EEC )
                         amending Regulation ( EEC ) 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 .
Having regard to the proposal from the Commission .
                                                                              >
                                                               (1 )
Having regard to the opinion of the European Parliament             ,
                                                                      ( 2)
Having regard to the opinion * of the Economic and Social Committee        ,
Whereas Article 2(4 ) of Council Regulation ( EEC ) No 2779/ 78 of 23 November 1978
on the procedure for applying the European unit of account ( EUA ) to legal acts
adopted in the customs sphere ^ provides for the adjustment of amounts expressed
in units of account in certain provisions relating to customs to be the subject
of special provisions ;
Whereas the provisions relating to Community transit are among those covered
                                                                                      ( 4)
by the aforementioned Article 2(4 ) and whereas Council Regulation ( EEC ) No 222/ 77
provides for amounts expressed in units of account , both in the rules relating to
the flat-rate guarantee and in those applicable to goods carried by travellers or
contained in their luggage ;
Whereas the amount of the flat-rate guarantee expressed in units of account
must be replaced by an amount expressed in EUA ; whereas , in order to simplify
( 1 ) OJ No C , .          p.
( 2 ) 0 J No C , ■••••••■/ p «
( 3 ) OJ No L 333 , 30.11.1978 , p. 5 .
( 4 ) OJ No L 38, 9.2.1977, p. 1 .
 ---pagebreak--- ■the work of users and of customs authorities and to maintain spme degree
of stability in the flat-rate guarantee system , the exchange val'ue of the
EIJA in national currencies should "be established only once a year ; whereas ,
since it was fixed in 19^9 » "the maximum amount of the flat-rate guarantee
is now outdated , in view in particular of the effect of inflation on the
value of goods j whereas the maximum amount of the flat-rate guarantee should
therefore he adjusted ;
Whereas the ceiling figure above which the production of an internal
 Community transit document is required in order to establish the Community
 status of goods carried by travellers or contained in their luggage may ,
 in the light of experience and with a view to simplifying the formalities
required of travellers crossing internal frontiers , "be abolished ;
Whereas it is therefore appropriate to amend Artioles 32 , 49 and Specimen
 III of the A,nnex to the aforementioned Regulation (EEC) No 222/77 ,
HAS ADOPTED THIS REGULATION;
                                Article 1
 Council Regulation ( EEC ) No 222/ 77 is hereby amended as follows :
Article 32 is amended to read as follows :
                              " Article 32
  1 . Each Member State may accept that the natural or legal third person
      standing as guarantor under the conditions laid down in Articles 27 and
      28 guarantees , by a single guarantee and for a flat-rate amount of
      7 000 European units of account in respect of each declaration , payment
      of duties and other charges which may become chargeable in the course
      of a Community transit operation carried out under his responsibility ,
      whoever the principal may be . If carriage of the goods presents increased
      risks , having regard in particular to the amount of duties and other charges
      to which they are liable in one or more Member States , the flat–rate
      amount shall be fixed by the office of departure at a higher level .
      The guarantee referred to in the first subparagraph shall    conform to
      Specimen III in the Annex*
  2. The exchange values in national currencies of the European unit of account
      (EUA) to be applied to the provisions for Community transit shall be
      calculated once a year .
 ---pagebreak--- 3.    The following shall be determined under the procedure laid down in
 j    Article 57 :
      ( a ) movements of goods which may give rise to an increase in the
             flat-rate amount , and the conditions under which such an
             increase shall apply ;
      ( b ) the conditions under which the guarantee referred to in paragraph
             1 shall apply to any particular Commun.ity transit operation ;
      ( c ) the detailed rules for applying the exchange values in national
             currencies of the European unit of account ."
Article 49 is amended to read as follows :
                                       Article 49
                                                                             «
"1.     The Community transit procedure shall not be compulsory for the
        carriage of goods accompanying travellers or contained in their
        luggage , if the goods concerned are not intended for commercial use .
   2.   The provisions of the Treaty establishing the European Economic
        Community which relate to the free movement of goods shall apply to
        goods which , by virtue of paragraph 1 , are not carried under the
        Community transit procedure :
        ( a ) if they are declared as Community goods and there is no doubt
              as to the accuracy of that declaration ;
        ( b ) in other cases , if an internal Community transit document issued
              to establish the Community status of the goods is produced ."
Specimen III of the guarantee shown in the Annex i § replaced by Specimen
III annexed hereto .
 ---pagebreak--- This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
However ^ the provisions of Article 1 regarding the change in the amount
of the flat-rate guarantee shall apply only to Community transit opera­
tions covered "by declarations registered after 31 . December 1979 .
This Regulation shall "be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                                   For the Council
                                                       The President
 ---pagebreak---                        ,·     "      ~ - ·                   · "· ΑΝΝϋΧ            : :     .·              ....   _        .
                                   ;V            '           SPECIMEN HI                                                        •
• ■■ , V ■                . '            COMMUNITY TRANSIT GUARANTEE '
                                        . (FLAT-RATE GUARANTEE SYSTEM)
   I. UNDERTAKING BY THE GUARANTOR
       \ l. The undersigned                                                                                                         (*)
                  resident at                                                                           '.                           (®)
                  hereby jointly and severally guarantees, ar the office of guarantee of
                  in favour of the Kingdom of Belgium , the Kingdom of Denmark , the Federal Republic of
                  Germany, the French Republic, Ireland, th,^ Italian Republic, the Grand Duchy of Luxcm-
     ■ i,         bourg, the Kingdom of the Netherlands, thq United Kingdom of Great Britain and Northern
      -       ' Ireland ,          '     , -                                                  .    '   •      .     .
           •
                  any amount for which a principal may become liable to the abovcmcntioned Member
             , States of the European Communities by reason of infringements or irregularities committed
                  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 liabilities, 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 .7000 European Units of account "per " voucher .
          2. The undersigned undertakes to pay forthwith, upon the first application in writing by
                  the competent authorities of the Member States,^the sums requested up to an amount of
        • -■ 7000 European units of account per 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 Member State
                . in the territory of which the office of guarantee is situated.
                  The cancellation shall take effect or. the 16th day after notification' thereof to the
                  other party.               ' t                                     '
                  The 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 or. which the cancellation took effect, even if the demand for payment is
                  Bade after that date.
                               ...                                                  / ■ ''           ■         >
          4. ('} For the purpose of this undertaking, the undersigned gives his address tor service as
                                                               (') and, La each of the other Member S;-Ui, as care •
                  or                                                                                                                     .
  ';) Surname and forename*, or name of firm.
  (®) Fui ! addrei *.
  (*) Lf, :n the ijw of a Mcr/iber State, thcr<? 'a no rrovi-iion for pivinjt addresses for service, the guarantor ihau appoint,
         in each of the Member Scares referred TO in r>- . raaraph 1 , IN agent ju{horuc«i :c c-ccw c arty co.r.rovyuc2t;on * a»id;cnci
    . to him, The count of she placet in twhich the acdreiies '\oe icrv.ce or the g'jarar.cor or ot his a^cr.ti arc utuatei! &*uU
         i-ivc jun&dicv:yn in           conccrmrj th»* g«:ar«n;ee. The ackr.cv/IeU.^craent ir. &c accoa4
                                                                   < uust ÍM         so cacscspe&áL
 ---pagebreak---             .Nicmb'cr            I                             arc » cre.n;.i'r>er .    n^roo oi arm , and #ulj
         1.                                        ............           ................................              ..........
        2. ..................                                                                      .J
        3
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        5.                           s..........          .................
        6.'
        7.                                                                                                      .
        S.                         '
        The undersigned acknowledges that all correspondence stud notices and any formalities or
      '.procedures relating to rhis undertaking addressed to, or effected in writing at on ; of his
        addresses for service shall be accepted as duly delivered to him . .
      'The undersigned acknowledge: the jurisdiction of tlfi courts of the places where he has
        an address for service .
       The undersijned undertakes to maintain his address for ?ervice s or , if he has to airer oar.
        or more of d-.ose sddres-scs, io inform the office of guarantee i» advance.
                                                    Done at                                             on .
                                                                                          (Sifcniturç (*))
. ACCEPTANCE BY THE OFFICE OF GUARANTEE
   Office of guarantee ..
   Guarantor*? undertaking accepted on
                                                                                 (S?*xpp aaá s^nirorc)
  The             eiutr be pftxrd ™} l>v       teUovi/>,3                                                         iof ».raoux*
                ia word*.