CELEX: 51989PC0480
Language: en
Date: 1989-10-17
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON COMMUNITY TRANSIT

6. 12. 89                             Official Journal of the European Communities                                No C 307/5
                                                              II
                                                       (Preparatory Acts)
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                              Proposal for a Council Regulation (EEC) on Community transit
                                               COM(89) 480 final — SYN 225
                                    (Submitted by the Commission on 6 November 1989)
                                                        (89/C 307/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas Article 8 a of the Treaty establishing the
                                                                   European Economic Community provides for the
                                                                   progressive establishment over a period expiring on
Having regard to the Treaty establishing the European              31 December 1992 of the internal market comprising an
Economic Community, and in particular Article 100 a                area without internal frontiers in which the free
thereof,                                                           movement of goods, inter alia, is ensured;
Having regard to the proposal from the Commission,
                                                                   Whereas the application of that provision has the effect
                                                                   of eliminating all controls and all formalities in respect of
In cooperation with the European Parliament,                       goods coming under the internal market and moving
                                                                   within the Community, and consequently of rendering,
                                                                   in principle, the procedure for internal Community
Having regard to the opinion of the Economic and                   transit devoid of any purpose; whereas it is necessary,
Social Committee,                                                  however, during the transitional period following the
                                                                   accession of Spain and Portugal to the Community, to
                                                                   maintain that procedure with regard to trade between
Whereas Council Regulation (EEC) No 222/77 ('), as                 the Community of Ten and those two countries and
last amended by Regulation (EEC) No 1674/87 (2),                   between those two countries themselves in goods which
established a Community transit procedure applicable, in           do not yet benefit from the total abolition of customs
principle, to all movements of goods within the                    duties and charges having equivalent effect or remain
Community, the aim of which is to facilitate the carriage          subject to other measures laid down in the Act of
of those goods by limiting formalities and controls solely         Accession;
to the points of departure and destination and by
reducing administrative action, in particular when goods
cross internal frontiers, to the minimum necessary,                Whereas this situation is without prejudice to certain
                                                                   specific measures expressly laid down or to be laid down
                                                                   with a view to the introduction of a procedure for inter-
Whereas the Community transit procedure comprises a                linked bonded warehouses relating to excise duties;
procedure for external transit applicable essentially to the
movement of goods from third countries not in free
circulation in the Community, and a procedure for                  Whereas the movement of third-country goods not in
internal transit applicable to the movement of goods               free circulation in the Community remains subject to
originating in the Community or in free circulation in             customs requirements intended to guarantee that they
the Community;                                                     are put to their correct use and that any duties payable
                                                                   on them are collected; whereas, consequently, the
(') OJ No L 38, 9. 2. 1977, p. 1.                                  procedure for external Community transit remains fully
O OJ No L 157, 17. 6. 1987, p. 1.                                  applicable to such goods;
 ---pagebreak--- No C 307/6                            Official Journal of the European Communities                                  6. 12. 89
Whereas owing to the specific characteristics of the             3.    The procedure for internal Community transit shall
movement of goods by sea or by air from one port or              apply to the movement of goods which satisfy the
airport situated in the customs territory of the                 conditions laid down in Article 9 (2) of the EEC Treaty:
Community to another, special measures should be laid
down to ensure, with regard to scheduled services, that
goods move as if they crossed from one Member State to           (a) are consigned from one point in the Community to
another by land;                                                      another through the territory of one or more EFTA
                                                                      countries or are destined for or consigned from one
                                                                      or more EFTA countries;
Whereas it is necessary to guarantee the uniform
application of the provisions relating to the movement
of goods within the Community and, to that end,                  (b) are consigned in accordance with the methods of
to provide for a Community procedure enabling                         administrative cooperation intended, during the tran-
implementing provisions to be adopted within appro-                   sitional period, to ensure, in trade between the
priate time limits; whereas it is necessary to organize,              Community as constituted on 31 December 1985, on
through a consultative committee, close and efficient                 the one hand and Spain or Portugal, on the other
cooperation in this respect between the Member States                 hand, as well as in trade between those two new
and the Commission;                                                   Member States, the free movement of goods which
                                                                      do not yet benefit from the total abolition of customs
                                                                      duties and charges having equivalent effect or remain
Whereas Regulation (EEC) N o 222/77 has been                          subject to other measures laid down in the Act of
amended on various occasions; whereas it would                        Accession;
therefore appear expedient to seize the opportunity
offered by the reform of the Community transit
procedure to reformulate the rules in the matter,                (c) are consigned in cases where a Community provision
                                                                      has expressly provided for the application of that
                                                                      procedure.
HAS ADOPTED THIS REGULATION:
                          TITLE I                                                           Article 2
                     General provisions                          Subject to the provisions of Article 7 (2) and of Article
                                                                 38, all goods moving within the customs territory of the
                          Article 1                              Community shall be deemed to be Community goods
                                                                 unless it is established that they do not enjoy Community
1.    A Community transit procedure, applicable in the
                                                                 status.
situations referred to in paragraphs 2 and 3 to the
movement of goods from one point to another within the
customs territory of the Community, is hereby estab-
lished. This procedure shall comprise an external                                           Article 3
Community       transit procedure      and     an   internal
Community transit procedure.                                     Goods moving under the external Community transit
                                                                 procedure pursuant to Article 1 (2) (c), and which have
                                                                 not left the customs territory of the Community shall be
2.    The procedure for external Community transit shall         treated as Community goods, on condition that it is
apply to the movement of the following goods:                    certified that the export declaration and customs
                                                                 formalities corresponding to the Community measures
                                                                 which required the goods to leave the said customs
(a) goods which do not satisfy the conditions laid down          territory as well as, where appropriate, the effects of
    in Article 9 (2) of the Treaty establishing the              those formalities have been cancelled.
     European Economic Community;
(b) goods coming under the Treaty establishing the
     European Coal and Steel Community which, under                                         Article 4
    the terms of that Treaty, are not in free circulation        1.     By the way of derogation from Article 1, the
    in the Community;                                            Community transit procedure shall not apply to goods
                                                                 placed under either the conditional exemption or the
(c) goods which, though satisfying the conditions laid           temporary importation procedure and which are moving
     down in Article 9 (2) of the EEC Treaty, are subject        in accordance with one of those procedures.
    to a Community measure entailing their export to a
    third country, and for which the corresponding
    customs export formalities have been completed. The          2.     The provision of Article 2 shall not apply to goods
    Commission shall lay down, in accordance with the            moving under a conditional exemption or temporary
    procedure laid down in Article 43, the cases where           importation procedure, unless the Community status of
    this provision shall apply.                                  such goods is duly established.
 ---pagebreak--- 6. 12. 89                              Official Journal of the European Communities                              No C 307/7
                          Article 5                              2.     The provisions of Article 2 shall not apply to goods
                                                                 moving from one point in the Community to another
Provided that implementation of the Community                    through the territory of a third country.
measures applicable to the goods is ensured, Member
States may introduce simplified procedures, by means of
bilateral or multilateral agreements, which shall conform                                   Article 8
to the framework provisions to be drawn up and which
shall be applicable to traffic between designated under-         For the purposes of this Regulation:
takings.
                                                                  (a) 'principal' means:
Such agreements shall be communicated               to   the
Commission and to the other Member States.                            the person who, in person or through an authorized
                                                                      representative, indicates, by lodging the appropriate
                          Article 6                                   declaration, that he wishes to place the goods
1.     By way of derogation from Article 1, the                       referred to in the declaration under the Community
Community transit procedure shall not apply to the                    transit procedure and thereby makes himself
carriage of goods:                                                    responsible to the competent authorities for:
(a) under cover of TIR carnets (TIR             Convention)           — the accuracy of the information contained in the
     provided that:                                                        declaration,
                                                                      — the authenticity of the attached documents,
    — such carriage began or is to end outside the
         Community,                                                   — compliance with all the obligations inherent in
                                                                           placing goods under that procedure;
     or
    — such carriage relates to consignments of goods              (b) 'means of transport' means, in particular:
         which must be unloaded in the territory of the
         Community and which are conveyed with goods                  — any road vehicle, trailer, semi-trailer,
         to be unloaded in a third country;
                                                                      — any railway coach or wagon,
(b) under cover of ATA carnets (ATA Convention) used
                                                                      — any boat or ship,
     as a transit document, provided that such carriage
     began or is to end outside the Community;                        — any aircraft,
(c) under cover of the Rhine Manifest (Article 9 of the               — any container;
     revised Convention for the navigation of the Rhine);
                                                                  (c) 'office of departure':
(d) under cover of the form 302 provided for in the
     Convention between the States party to the North
                                                                      means the office      where the Community transit
    Atlantic Treaty on the status of their forces, signed
                                                                      operation begins;
     in London on 19 June 1951.
2.     The provisions of Article 2 shall not apply to goods       (d) 'office of transit' means:
moving under one of the procedures referred to in
paragraph 1, unless the Community status of such goods                — the customs office at the point of exit from the
is duly established.                                                       customs territory of the Community when the
                                                                           consignment is leaving that territory in the course
                          Article 7                                        of a Community transit operation via a frontier
                                                                           between a Member State and a third country,
1.     In the absence of an agreement between the
                                                                      — the customs office at the point of entry into the
Community and a third country whereby goods moving
                                                                           customs territory of the Community when the
between two points in the Community may be carried
                                                                           goods have crossed the territory of a third
through that country under the Community transit
                                                                           country in the course of a Community transit
procedure, or establishing a common transit procedure
                                                                           operation;
applicable to such cases:
(a) the Community transit procedure shall apply to                (e) 'office of destination':
     goods carried through the territory of that third
     country only if carriage through that country is                 means the office where goods placed under the
     effected under cover of a single transport document              Community transit procedure must be produced to
     drawn up in a Member State and the operation of                  complete the Community transit operation;
     that procedure is suspended in the territory of the
     third country;
                                                                  (f) 'office of guarantee':
(b) goods may, by way of derogation from Article 6
     (1) (a) and (b), be carried through the territory of             means the office where a comprehensive guarantee,
     that third country under cover of TIR or ATA                     within the meaning of Article 21 (2) or a flat-rate
     carnets even if such carriage began and is to end                guarantee, within the meaning of Article 25, is
    within the Community.                                             lodged.
 ---pagebreak--- No C 307/8                             Official Journal of the European Communities                                 6. 12. 89
                         TITLE II                                                           Article 11
        Procedure for external Community transit                  1.    The same means of transport may be used for the
                                                                 loading of goods at more than one office of departure
                          Article 9
                                                                 and for unloading at more than one office of destination.
1.    All goods that are to be carried under the
procedure for external Community transit shall be the
                                                                  2.    Each T 1 declaration shall include only the goods
subject, in accordance with the conditions laid down in
                                                                 loaded or to be loaded on a single means of transport for
this Regulation, of a T 1 declaration. A T 1 declaration
                                                                 carriage from one office of departure to one office of
means a declaration on a form corresponding to the
                                                                 destination.
specimen form drawn up in accordance with Council
Regulation (EEC) N o 679/85 (').
2.    The form referred to in paragraph 1 may be                                            Article 12
supplemented, where appropriate, by one or more                   1.    The office of departure shall accept and register the
supplementary forms corresponding to the specimen of             T 1 declaration, prescribe the period within which the
the supplementary bis form drawn up in accordance with           goods must be produced at the office of destination, and
Regulation (EEC) No 679/85.                                      take such measures for identification as it considers
                                                                 necessary.
3.    The T 1 and supplementary T 1 bis forms shall be
printed and completed in one of the official languages of
the Community accepted by the competent authorities of           2.     Having entered the necessary particulars on the T 1
the Member State of departure. Where necessary, the              declaration, the office of departure shall retain its copy
competent authorities of the Member State concerned in           and return the others to the principal or his represen-
the Community transit operation may require translation          tative.
into the official language or one of the official languages
of that Member State.
                                                                                            Article 13
4.    The T 1 declaration shall be signed by the principal
or by his authorized representative, and at least three           1.    As a general rule, identification of the goods shall
copies thereof shall be produced at the office of                be ensured by sealing.
departure.
5.    Supplementary documents appended to            a   T1      2.     The following shall be sealed:
declaration shall form an integral part thereof.
                                                                  (a) the space containing the goods, where the means of
6.    The T 1 declaration shall be accompanied by the                 transport has been approved under other customs
transport document.                                                   rules or recognized by the office of departure as
The office of departure may dispense with production of               suitable for sealing;
this document at the time of completion of the
formalities. However, the transport docurpent shall be            (b) each individual package, in other cases.
produced whenever required by the customs authorities
or any other competent authority in the course of
carriage.                                                         3.    Means of transport may be recognized as suitable
                                                                 for sealing on condition that:
7.    Where the Community transit procedure in the
Member State of departure succeeds another customs                (a) seals can be simply and effectively affixed to them;
procedure, reference shall be made on the T 1
declaration to that procedure or to the corresponding
customs documents.                                               (b) they are so constructed that no goods can be
                                                                      removed or introduced without leaving visible traces
                                                                      of tampering or without breaking the seals;
                         Article 10
The principal shall be responsible for:                          (c) they contain no concealed spaces where goods may
(a) production of the goods intact at the office of desti-            be hidden;
    nation by the prescribed time limit and with due
    observance of the measures adopted by the                    (d) the spaces reserved for the load are readily accessible
    competent authorities to ensure identification;                   for customs inspection.
(b) observance of the provisions relating to the
    Community transit procedure and to transit in each           4.     The office of departure may dispense with sealing
    of the Member States in the territory of which               if, having regard to other possible measures for identifi-
    carriage of the goods is effected.                           cation, the description of the goods in the T 1
                                                                 declaration or in the supplementary documents makes
O OJ No L 79, 21. 3. 1985, p. 7.                                 them readily identifiable.
 ---pagebreak--- 6. 12. 89                             Official Journal of the European Communities                               No C 307/9
                         Article 14                              3.    In the event of imminent danger necessitating
                                                                 immediate unloading of the whole or part of the load,
1.    The copies of the T 1 document returned to the             the carrier may take action on his own initiative. He
principal or to his representative by the office of              shall record such action on the T 1 document. The
departure shall accompany the goods.                            provisions of paragraph 1 shall apply in such a case.
2.    Each Member State shall provide the Commission             4.    If, as a result of accidents or other incidents arising
with a list of the customs offices authorized to deal with       in the course of carriage, the carrier is not in a position
Community transit operations, stating at what hours they         to observe the time limit referred to in Article 12, he
are open.                                                        shall inform the competent authority referred to in
                                                                 paragraph 1 as soon as possible. That authority shall
The Commission shall communicate this information to             then record the relevant details on the T 1 document.
the other Member States.
                                                                                           Article 20
                         Article 15                              1.    The office of destination shall record on the copies
                                                                 of the T 1 document the details of controls carried out
Copies of the T 1 document shall be produced in each             and shall without delay send a copy to the office of
Member State as required by the customs authorities or           departure and retain the other copy.
any other competent authority, who may satisfy them-
selves that the seals are unbroken. The goods shall not          2.    A Community transit operation may be concluded
be inspected unless some irregularity is suspected which         at an office of destination other than that mentioned in
could result in abuse.                                           the T 1 document. That other office shall then become
                                                                 the office of destination.
                         Article 16
                                                                 3.    Where the goods are produced at the office of
The carrier shall give a transit advice note to each office      destination after expiry of the time limit prescribed by
of transit.                                                      the office of departure and where this failure to comply
                                                                 with the time limit is due to circumstances which are
                                                                 explained to the satisfaction of the office of destination
                         Article 17                              and which are beyond the control of the carrier or the
Where goods are loaded or unloaded at any intermediate           principal, the latter shall be deemed to have complied
                                                                 with the time limit prescribed.
office, copies of the T 1 document returned by the
office(s) of departure shall be produced.
                         Article 18                                                        Article 21
 1.   The goods described on a T 1 document may,                 1.    In order to ensure collection of the duties and
without a new declaration being made, be transferred to          other charges which each Member State is authorized to
another means of transport under the supervision of the          collect in respect of goods passing through its territory in
customs authorities or any other competent authority of          the course of Community transit, the principal shall
the Member State in whose territory the transfer is              furnish a guarantee, except as otherwise provided in this
made. In such a case, the customs authorities or other           Regulation.
competent authority shall record the relevant details on
the T 1 document.
                                                                 2.    The guarantee may be comprehensive, covering a
2.    The customs authorities or other competent                 number of Community transit operations, or individual,
authority may, subject to such conditions as they shall         covering a single Community transit operation.
determine, authorize such transfer without supervision.
                                                                 3.    Subject to Article 26 (2), the guarantee shall consist
                         Article 19                             of the joint and several guarantee(s):
 1.   If seals are broken in the course of carriage without
the carrier so intending, he shall, as soon as possible,        — of a credit institution authorized in accordance with
request that a certified report be drawn up in the                   Article 3 of Directive 77/780/EEC ('), or
Member State in which the means of transport is located,
by the customs authority or any other competent                 — of an insurance company authorized to provide this
authority. The authority concerned shall, if possible,               type of guarantee in accordance with Articles 6 and 7
affix new seals.                                                     of Directive 73/239/EEC (2), or
2.    In the event of an accident necessitating transfer to
another means of transport the provisions of Article 18          C) OJ No L 322, 17. 12. 1977, p. 30.
shall apply.                                                     O OJ No L 228, 16. 8. 1973, p. 3.
 ---pagebreak---  No C 307/10                          Official Journal of the. European Communities                               6. 12. 89
 — of any other natural or legal third person established        The guarantee referred to in the first subparagraph shall
     in the Community and approved as guarantor by the            conform to Specimen III in the Annex.
     Member State in which the guarantee is provided.
                                                                  2.    The exchange values in national currencies of the
                                                                  Ecu to be applied to the provisions for Community
                          Article 22                             transit shall be calculated once a year.
 1.    The guarantee referred to in Article 21 (3) shall be
 in the form of one of the specimen guarantees shown as           3.    The following shall be determined        under  the
 Specimen I or II annexed to this Regulation, as appro-          procedure laid down in Article 43:
 priate.
                                                                  (a) movements of goods which may give rise to an
                                                                      increase in the flat-rate amount, and the conditions
 2.    Where the provisions laid down by national law,                under which such an increase shall apply;
 regulation or administrative action, or common practice
 so require, each Member State may allow the guarantee            (b) the conditions under which the guarantee referred to
 to be in a different form, on condition that it has the              in paragraph 1 shall apply to any particular
 same legal effects as the documents shown as specimens.              Community transit operation;
                                                                 (c) the detailed rules for applying the exchange values in
                                                                      national currencies of the Ecu.
                          Article 23
 1.    A comprehensive guarantee shall be lodged with an                                   Article 26
office of guarantee.
                                                                  1.    An individual guarantee covering a single
                                                                 Community transit operation shall be lodged with the
2.     The office of guarantee shall determine the amount        office of departure and shall be valid throughout the
of the guarantee, accept the guarantor's undertaking and         Community. The office of departure shall determine the
issue an authorization allowing the principal to carry           amount of the guarantee.
out, within the limits of the guarantee, any Community
transit operation irrespective of the office of departure.       2.     The guarantee may be a cash deposit lodged with
                                                                 the office of departure. In that case, it shall cover the
                                                                 whole Community transit operation and shall be
3.     Each person who has obtained authorization shall,         returned when the T 1 document is discharged at the
subject to the conditions laid down by the competent             office of departure.
authorities of the Member States, be issued with one or
more copies of a guarantee certificate. The design of the
guarantee certificate shall be determined in accordance                                    Article 27
with the procedure laid down in Article 43.
                                                                 Without prejudice to provisions prescribing other cases
                                                                 of exemption, the principal shall be exempted by the
4.     Reference to the guarantee certificate shall be made      competent authorities of the Member States from
in each T 1 declaration.                                         payment of duties and other charges in the case of:
                                                                 (a) goods which have been destroyed as a result of force
                                                                      majeure or unavoidable accident duly proven;
                         Article 24
The office of guarantee may revoke the authorization if          (b) officially recognized     shortages arising from   the
the conditions under which it was issued no longer exist.             nature of the goods.
                                                                                          Article 28
                         Article 25
                                                                 The guarantor shall be released from his obligations
1.     Each Member State may accept that the guarantor           when the T 1 document has been discharged at the office
referred to in Article 21 guarantees, by a single                of departure.
guarantee and for a flat-rate amount of ECU 7 000 in
respect of each declaration, payment of duties and other         Where the guarantor has not been notified by the
charges which may become chargeable in the course of a           competent authorities of the Member State of departure
Community transit operation carried out under his                of the non-discharge of the T 1 document, he shall
responsibility, whoever the principal may be. If carriage        likewise be released from his obligations upon expiry of
of the goods presents increased risks, having regard, in         a period of 12 months from the date of registration of
particular, to the amount of duties and other charges to         the T 1 declaration.
which they are subject in one or more Member States,
the flat-rate amount shall be fixed by the office of             Where, within the period provided for in the second
departure at a higher level.                                     subparagraph, the guarantor has been notified by the
 ---pagebreak--- 6. 12. 89                             Official Journal of the European Communities                           No C 307/11
competent authorities of the non-discharge of the T 1                                     Article 30
document, he shall, in addition, be informed that he is or
may be liable to pay the amounts for which he is liable in       1.     T 1 documents issued in accordance with the rules
respect of the Community transit operation in question.          and the identification measures taken by the competent
This notification must reach the guarantor not later than        authorities of one Member State, shall have the same
three years after the date of registration of the T 1           legal effects in other Member States as T 1 documents
declaration. Where no such notification has been made            issued in accordance with the rules and the identification
before the expiry of the aforementioned time limit, the          measures taken by the competent authorities of each of
guarantor shall likewise be released from his obligations.       those Member States.
                                                                 2.     Findings of the competent authorities of a Member
                          Article 29
                                                                 State made when inspections are carried out under the
1.    Where it is found that, in the course of or in             Community transit procedure shall have the same force
connection with a Community transit operation, an                in other Member States as findings of the competent
offence or irregularity has been committed in a particular       authorities of each of those Member States.
Member State, the recovery of duties or other charges
which may be chargeable shall be effected by that
                                                                                          Article 31
Member State in accordance with its provisions laid
down by law, regulation or administrative action,               Where necessary, the competent authorities of the
without prejudice to the institution of criminal                 Member States shall communicate to one another all
proceedings.                                                     findings, documents, reports, records of proceedings and
                                                                 information relating to transport operations carried out
2.    Where it is found that, in the course of or in             under the Community transit procedure and to irregu-
connection with a Community transit operation, an                larities and offences in connection with that procedure.
offence or irregularity has been committed without its
being possible to establish where it was committed, such
offence or irregularity shall be deemed to have been                                      TITLE III
committed in the Member State in which it is detected.
                                                                          Procedure for internal Community transit
3.    Where the consignment has not been produced at                                      Article 32
the office of destination and the place at which the
offence or irregularity was committed is unknown, such           1.     All goods that are to be carried under the
offence or irregularity shall be deemed to have been             procedure for internal Community transit shall be the
committed:                                                       subject of the declaration referred to in Articles 4 and 6
                                                                 of Regulation (EEC) No 678/85 (') and be entered on a
— in the Member State within whose jurisdiction the              form corresponding to the specimen form drawn up in
    office of departure falls,                                   accordance with Council Regulation (EEC) No 679/85.
    or
                                                                 2.     The form referred to in paragraph 1 may be
— in the Member State within whose jurisdiction the              supplemented, where appropriate, by one or more
    office of transit at which a transit advice note has         supplementary forms corresponding to the specimen of
    been lodged falls,                                           the supplementary bis form drawn up in accordance with
                                                                 Regulation (EEC) No 679/85.
unless the principal furnishes proof to the satisfaction of
the competent authorities that the transit operation             3.     The internal Community transit declaration shall
concerned was in a regular manner or of the place at             bear the symbol T 2.
which the offence or irregularity was in fact committed.
4.    Where, in the absence of such proof, the offence or        4.     The provisions of Title II shall apply mutatis
irregularity is still deemed to have been committed in the        mutandis to the procedure for internal Community
Member State of departure or in the Member State                 transit.
within whose jurisdiction the office of transit falls, the
duties and other charges shall be collected by that                                       Article 33
Member State at the highest rates applicable in the
Community to the goods which comprise the                         1.    Any person satisfying the conditions laid down in
consignment in question.                                         paragraph 2 may obtain from the competent authorities
                                                                 in the Member State where he is established, subject to
5.    Where it is subsequently ascertained in which              the limits laid down in paragraph 3, a guarantee waiver
Member State the offence or irregularity was, in fact,           for internal Community transit operations he carries out
committed, the charges (with the exception of import             from any Member State of departure and through the
duties) to which the goods are subject in that Member            territory of any Member State.
State shall be transferred to it by the Member State
which initially collected them, and any overpayment shall
be reimbursed to the person who paid the said charges.           C) OJ No L 79, 21. 3. 1985, p. 1.
 ---pagebreak--- No C 307/12                           Official Journal of the European Communities                                6. 12. 89
2.    The guarantee waiver referred to in paragraph 1            (a) the specimen undertaking to be entered into by
shall be granted only to persons:                                    the person concerned in accordance with para-
                                                                     graph 2 (e);
(a) who are resident in the Member State where the
    waiver is granted;                                           (b) the goods to which the guarantee waiver does not
                                                                     apply in accordance with paragraph 3 (b);
(b) who are regular users of the Community transit
    procedure;
                                                                 (c) the specimen guarantee waiver certificate referred to
                                                                     in paragraph 4 and the conditions for its use.
(c) whose financial situation is such that they can meet
    their commitments;
                                                                                          TITLE IV
(d) who have not committed any serious infringement of
    customs or fiscal laws;                                     Special provisions applying to certain modes of transport
                                                                                          Article 34
(e) who undertake to pay, upon the first application in
    writing by the competent authorities of the Member           1.    The railway authorities of the Member States shall
    States, any sums claimed in respect of their                be exempt from the requirement to furnish a guarantee.
    Community transit operations.
                                                                2.     Article 16 shall not apply to the carriage of goods
3.    The guarantee waiver granted in accordance with           by rail. The records kept by the railway authorities shall
paragraphs 1 and 2 shall not apply to internal                  be substituted for transit advice notes.
Community transit operations involving goods:
(a) whose total value exceeds ECU 50 000,                                                 Article 35
                                                                 1.    No guarantee need be furnished for the carriage of
    or                                                          goods on the Rhine and the Rhine waterways.
(b) which present increased risks on account of the level
    of duties and other charges to which they are subject       2.     Each Member State may dispense with the
    in one or more Member States.                               furnishing of a guarantee in respect of the carriage of
                                                                goods on other waterways situated in its territory. It
                                                                shall transmit details of the measures taken to that effect
4.    The authorities granting the waiver shall issue to        to the Commission, which shall inform the other
each person obtaining it one or more copies of a                Member States.
guarantee waiver certificate. Where the guarantee waiver
is applied, reference to the certificate shall be made on
the corresponding T 2 declaration.
                                                                                          Article 36
                                                                 1.    Where goods to which the Community transit
5.    The authorities granting the guarantee waiver shall       procedure is applicable in accordance with Article 1 are
cancel it:                                                      carried by sea, that procedure shall be compulsory solely
                                                                for goods loaded at a port in one Member State and
(a) in the event of a serious irregularity committed by         bound for a port in another Member State.
    the beneficiary as the principal in a Community
    transit operation;
                                                                2.     No guarantee need be furnished to cover the sea
(b) where any of the conditions laid down in paragraph          journey.
    2 is no longer satisfied;
                                                                                          Article 37
(c) where the beneficiary has not complied with the
    undertaking given in accordance with para-                  1.    Where goods to which the Community transit
    graph 2 (e).                                                procedure is applicable in accordance with Article 1 are
                                                                carried by air, that procedure shall be compulsory solely
Each Member State shall notify the other Member States          for goods loaded at an airport in one Member State and
of any cancellation of a guarantee waiver.                      bound for an airport in another Member State.
6.    The following shall be determined in accordance           2.    No guarantee need be furnished         to cover the
with the procedure laid down in Article 43:                     journey by air.
 ---pagebreak--- 6. 12. 89                              Official Journal of the European Communities                           No C 307/13
                          Article 38                                                       Article 42
1.    Article 2 shall apply solely to goods carried by ship      The committee may examine any question relating to the
or aircraft operating scheduled services between two or           application of this Regulation submitted to it by its
more ports or airports situated in the customs territory of      chairman either on his own initiative or at the request of
the Community without passing through ports or                   the representative of a Member State.
airports situated outside that territory; in this regard, the
Member States shall, by means of bilateral or multilateral
agreements, draw up the list of scheduled services for the
carriage of goods between their ports and airports.                                        Article 43
                                                                 The Commission shall, after consulting the committee,
                                                                  adopt the provisions necessary:
2.    Goods   carried by ship or aircraft operating services
other than    those described in paragraph 1 shall be
deemed to      be non-Community goods unless their
                                                                  (a) for the application of this Regulation;
Community     status is duly established.
                                                                  (b) for the adaptation of the Community transit
                          Article 39                                  procedure so that certain Community measures
1.    Where goods to which the Community transit                      entailing control of the use or destination of goods
procedure is applicable in accordance with Article 1 are              subject to it may be applied;
carried by pipeline, that procedure shall be compulsory.
                                                                  (c) for the simplification of formalities under the
2.    No guarantee need be furnished for the carriage of              Community transit procedure or for their adaptation
goods by pipeline.                                                    to requirements arising from the particular nature of
                                                                      certain goods;
3.    Article 2 shall apply to goods carried by pipeline.
                                                                  (d) for the management and discharging of Community
                                                                      tourist operations by public or private computerized
                                                                      systems.
                          TITLE V
    Special provisions applying to postal consignments
                                                                 The representative of the Commission shall submit to the
                          Article 40                              committee a draft of the measures to be taken. The
                                                                  committee shall deliver its opinion on the draft, within a
1.    By way of derogation from Article 1, the                    time limit which the chairman may lay down according
Community transit procedure shall not apply to postal             to the urgency of the matter, if necessary by taking a
consignments (including postal packages).                        vote. The opinion shall be recorded in the minutes; in
                                                                  addition, each Member State shall have the right to ask
                                                                  to have its position recorded in the minutes.
2.    Article 2 shall apply to goods contained in
consignments sent from a post office situated in the
Community unless a label of a type to be prescribed is
                                                                 The Commission shall take the utmost account of the
affixed to the packages or the accompanying documents.
                                                                  opinion delivered by the committee. It shall inform the
The competent authorities of the Member States of
                                                                  committee of the manner in which its opinion has been
dispatch shall be responsible for affixing such a label or
                                                                  taken into account.
causing it to be affixed to the packages and to the
accompanying documents where the goods do not satisfy
the conditions laid down in Article 9 (2) of the EEC
Treaty.
                                                                                           TITLE VII
                                                                                        Final provisions
                          TITLE VI                                                         Article 44
Provisions relating to the application of this Regulation         Each Member State shall inform the Commission of the
                                                                  provisions which it adopts for the implementation of this
                          Article 41
                                                                  Regulation.
The Committee on the Movement of Goods, hereinafter
referred to as 'the committee', set up pursuant to Article
15 of Regulation (EEC) No 678/85 shall be responsible            The Commission shall communicate this information to
for the implementation of Articles 42 and 43.                     the other Member States.
 ---pagebreak--- No C 307/14                         Official Journal of the European Communities                             6. 12. 89
                       Article 45                                                     TITLE VIII
1.    Regulation (EEC) No 222/77 is hereby repealed.                                Entry into force
2.    In all Community instruments other than this                                     Article 46
Regulation in which reference is made to Regulation           This Regulation shall enter into force on the third day
(EEC) N o 222/77, to Articles thereof or to                   following its publication in the Official Journal of the
implementing Regulations adopted under the procedure           European Communities.
laid down in Article 57 thereof, such references shall be
treated as references to this Regulation or to                It shall apply from 1 January 1993.
implementing Regulations made thereunder.                     This Regulation shall be binding in its entirety and
                                                              directly applicable in all Member States.