CELEX: 31971R1226
Language: en
Date: 1971-06-11 00:00:00
Title: Regulation (EEC) No 1226/71 of the Commission of 11 June 1971 on simplification of the formalities to be carried out at offices of departure and destination in respect of goods transported under the Community transit procedure

Official Journal of the European Communities                                   365
 15.6.71                             Official Journal of the European Communities                            No L 129/ 1
                             REGULATION (EEC) No 1226/71 OF THE COMMISSION
                                                     of 11 June 1971
              on simplification of the formalities to be carried out at offices of departure and
                 destination in respect of goods transported under the Community transit procedure
THE     COMMISSION       OF     THE  EUROPEAN      COM­         Whereas the measures provided for in this Regulation
MUNITIES,                                                       are in accordance with the Opinion of the Committee
                                                                on Community Transit;
Having regard to the Treaty establishing the
European Economic Community;
                                                                HAS ADOPTED THIS REGULATION:
Having regard to Council Regulation (EEC) No
542/691 of 18 March 1969 on Community transit,
and in particular Article 58 (1 ) (c) thereof;                                           Article 1
Whereas, in order to facilitate the movement of                 Each Member State may simplify the formalities
goods within the Community, each Member State                   relating to Community transit procedure to be
should be granted the right to simplify the formalities         carried out at the offices of departure and of
relating to Community transit procedure to be                   destination within its territory, in accordance with
carried out at offices of departure and destination             the following provisions .
situated within its territory;
                                                                                         TITLE I
Whereas the formalities to be carried out can be
considerably simplified for persons who frequently
send or receive consignments ; whereas detailed                           Formalities at the office of departure
provision should be made for such simplification;
                                                                                         Article 2
Whereas at present, because the customs office is far
 away or because of its hours of business, the person           The customs authorities of each Member State may
concerned frequently fails to carry out the departure           authorise any person who fulfils the conditions laid
formalities at the place of consignment, and the                down in Article 3 and who intends to carry out
situation at the place of destination is no different;          Community transit operations (hereinafter called
                                                                'authorised consignor') not to produce at the office of
Whereas, consequently, such persons should be                   departure either the goods concerned or a Tl or T2
permitted, under certain conditions, to place their             declaration in respect of them.
goods under the Community transit procedure
without producing them or the Tl or T2 declarations                                      Article 3
at the office of departure, and to take delivery at the
place of destination without prior presentation at the
                                                                1 . The authorisation provided for in Article 2 shall
office of destination ;
                                                                only be granted to persons :
Whereas, furthermore, the simplification of                     ( a) who frequently send consignments ;
formalities at the offices of departure and destination
must be such as can be effected in a manner                     (b) whose records enable the customs authorities to
                                                                     verify the operations ;
sufficiently flexible to ensure that the Community                   and
transit procedure and national1 import and export
procedures function harmoniously;                               (c) who, when a guarantee is required under
                                                                     Community transit procedure, have provided a
1 OJ No L 77, 29.3.1969, p. 1 .                                      comprehensive guarantee.
 ---pagebreak--- 366                                   Official Journal of the European Communities
2. The customs authorities may withhold                                                    Article 6
authorisation from persons not providing the
guarantee they consider necessary.                               1.      Not later than at the time of consignment of the
                                                                 goods, the authorised consignor shall complete
3.      They may withdraw the authorisation, in                  declaration T1 or T2, duly filled in, by entering on
particular when the authorised persons no longer                 the back of copies 1 and 2, in the space marked
fulfil the conditions stated in paragraph 1 or no                'Examination by Office of Departure', the period
longer provide         the   guarantee ^referred    to   in      within which the goods must be produced at the
paragraph 2.                                                     office of destination, the identification measures
                                                                 applied and the "words 'simplified procedure'.
                           Article 4
                                                                 2. After consignment, copy No 1 shall be sent
The authorisation to be issued by the customs                    without delay to the office of departure. The customs
authorities shall specify in particular :                        authorities may provide, in the authorisation, that
                                                                 copy No 1 be sent to the office of departure as soon
 ( a) the customs office or offices which are authorised         as the declaration T1 or T2 is completed. The other
       offices of departure for the consignments ;               copies shall accompany the goods in accordance with
                                                                 the provisions of Regulation (EEC) No 542/69.
(b) the period within which, and the procedure by
      which, the authorised consignor is to inform the
       office of departure of the consignments to be sent        3.      "When the customs authorities of the Member
      in order that the office may, where required,              State of departure carry out an examination at the
      examine the goods before their departure;                  departure of a consignment, they shall record the fact
                                                                 in the space marked 'Examination by Office of
(c) the period within which the goods must be                    Departure' on the back of form T1 or T2.
      produced at the office of destination;
(d) the identification measures to be taken. The
      customs authorities may prescribe that the means                                     Article 7
      of transport or the packages shall bear special
      seals, accepted by the customs authorities and             Declaration T1 or T2, completed by the information
      affixed by the authorised consignor.                       specified in Article 6 ( 1 ), shall be the equivalent of
                                                                 document T1 or T2, and the authorised consignor
                                                                 who signed the declaration shall be the principal.
                           Article 5
1.      The authorisation shall stipulate that the 'Office                                 Article 8
of Departure' space on the front of declaration form
T1 or T2 :
                                                                 1.       The authorised consignor shall :
( a) be stamped in advance with the stamp of the
      office of departure and bear the signature of an           ( a ) comply with the provisions of this Regulation
      official of that office; or                                       and of the authorisation mentioned in Article 4;
(b ) be stamped by the approved consignor with a                 ( b ) take all necessary measures to ensure the
      special metal stamp approved by the customs                      safekeeping of the special stamp or of the forms
      authorities and conforming to the model shown                    bearing the stamp of the office of departure or
      in the Annex. The imprint of that stamp may be                    the imprint of the special stamp.
      printed in advance on the forms, where the
      printing is entrusted to a printing works
      approved for that purpose.                                 2.       In the event of any person misusing the forms
                                                                 stamped in advance with the stamp of the office of
      The authorised consignor must fill in that space           departure or with the special stamp approved by the
      by indicating the consignment date of the goods            customs authorities, the authorised consignor shall be
      and must give the declaration a number in
      accordance with the rules to that effect in the
                                                                 liable, without prejudice to criminal proceedings, for
      authorisation .
                                                                 the payment of duties and other charges due in a
                                                                 Member State in respect of the goods carried under
                                                                 cover of those forms, unless he proves to the customs
2. The customs authorities may prescribe the use                 authorities by whom he was authorised that he took
of forms bearing a distinctive individual sign.                  the measures required of him in paragraph 1 ( b).
 ---pagebreak---                                       Official Journal of the European Communities                                     367
                         TITLE II                                                         Article 11
         Formalities at the office of destination                1 . The authorisation granted by the customs
                                                                 authorities shall specify in particular:
                         Article 9                               (a) the customs office or offices which are authorised
                                                                       offices of destination for consignments which the
1.     The customs authorities of each Member State                    authorised consignee receives ;
may dispense with production at the office of                    (b) the period within which, and the procedure by
destination of goods transported under a Community                    which, the Authorised consignee is to inform the
transit procedure where the goods are intended for a                   office of destination of the arrival of the goods in
person who fulfils the conditions laid down in Article                 order that the office may, where required,
10     (hereinafter   called    'authorised     consignee')            examine the goods on arrival.
previously authorised by the customs authorities of
the Member State in which the office of destination is
situated .                                                       2. Without prejudice to the provisions of Article
                                                                 14, the customs authorities shall specify in the
                                                                 authorisation whether the authorised consignee may
2. In such a case, the principal shall have fulfilled            dispose of the goods which have arrived without
his obligations under the provisions of Article 13 ( a)          action by the office of destination.
of Regulation (EEC) No 542/69 from the moment
when, within the prescribed period, copies of the                                         Article 12
Community transit document, together with the
intact goods, have been handed over to the
authorised consignee at his business premises or at              1 . In respect of consignments arriving at his
the places specified in the authorisation, the                   business premises or at the places specified in the
identification measures having been duly observed.               authorisation, the authorised consignee must:
                                                                 ( a) immediately inform the office of destination,
3 . In respect of each consignment handed over to                     following the procedure laid down in the
him as provided in paragraph 2, the authorised                        authorisation, of any excess quantities, shortages,
consignee shall issue, at the request of the carrier, a               substitutions or other irregularities such as
receipt stating that the documents and the goods                       broken seals ;
have been handed over to him .
                                                                 ( b) send without delay to the office of destination the
                                                                      copies of document T1 or T2 which
                                                                       accompanied the consignment, indicating the
                        Article 10                                    date of arrival and the state of any seals affixed.
                                                                 2.     The    office  of  destination   shall   make   the
1.     Only those persons may be authorised :
                                                                 required entries in the copies of document T1 or T2
                                                                 which are sent to it.
( a) who frequently receive consignments subject to
     customs control ; and
                                                                                          TITLE III
(b) whose records enable the customs authorities to
     verify the operations .                                                           Final provisions
                                                                                          Article 13
2.     The    customs     authorities     may     withhold
authorisation from persons not providing the                     The customs authorities may apply to authorised
guarantee they consider necessary.                               consignors and authorised consignees any control
                                                                 measures which they consider necessary. The said
3.    They    may    withdraw      the authorisation,   in       consignors and consignees must submit to such
particular when the authorised persons no longer                 measures .
fulfil the conditions stated in paragraph 1 or no
longer provide      the     guarantee    referred   to  in                                Article 14
paragraph 2.
                                                                 The customs authorities of the Member State of
4.    The authorised consignee must comply with the              departure or destination may exclude certain
provisions of this Regulation and of the authorisation           categories of goods from the facilities provided for in
referred to in Article 11 .                                      Articles 2 and 9 respectively.
 ---pagebreak--- 368                                Official Journal of the European Communities
                       Article 15                             international express parcel dispatch note headed
                                                              'waybill' and a copy of a sheet of that note are to be
1 . Where dispensation from production of the                 delivered direct by the railway authorities to the
Community transit declaration at the office of                office of destination.
departure is applicable to goods referred to in Article
1 (2) of Regulation (EEC) No 542/69 which are to be
dispatched under cover of an international                                            Article 16
consignment note or an international express parcel
dispatch note, in accordance with the provisions of           This Regulation shall be without prejudice to
Regulation (EEC) No 304/71 on the simplification of
Community transit procedure for goods carried by              (a) application of Regulation (EEC) No 2315/692 on
rail,1 the customs authorities shall take the necessary            the use of Community transit documents for the
measures to ensure that copy No 3 of the                           purpose of applying Community measures for
consignment note or the copy of the international                  verifying the use and/or destination of goods ;
express parcel dispatch note headed 'waybill' bears
the indication 'Tl \                                           (b) obligations concerning formalities relating to
                                                                    export, re-export, import or re-import.
2. Where the goods carried under the .simplified
procedure provided for in Regulation (EEC) No
304/71 are intended for an authorised consignee, the                                  Article 17
customs authorities may provide that, in derogation
from Article 9 (2) and Article 12 ( 1 ) (b), copies Nos 2      This Regulation shall enter into force on 1 October
and 3 of the consignment note or the copy of the               1971 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 11 June 1971 .
                                                                                   For the Commission
                                                                                      The President
                                                                                 Franco M. MALFATTI
1 OJ No L 35, 12.2.1971, p . 31 .                              2 OJ No L 295 , 24.11.1969, p. 14.
                                                         ANNEX