CELEX: 51980PC0658
Language: en
Date: 1980-11-03
Title: Proposal for a Council Regulation on the definition of the customs territory of the Community

No C 305/4                          Official Journal of the European Communities                            22. 11. 80
                         Article 9                            nation. Opinions shall be delivered by a majority of
                                                              41 votes.
This Regulation shall not apply to the use of subs-
tances for the purposes of research.                          4.    The Commission shall adopt the measures and
                                                              shall implement them immediately, where they are in
                                                              accordance with the opinion of the Committee.
                        Article 10                           Where they are not in accordance with the opinion of
                                                              the Committee or if no opinion is delivered, the
1. Where the procedure laid down in this Article is           Commission shall without delay submit to the
be used, the matter shall be referred without delay to        Council a proposal on the measures to be adopted.
the Standing Veterinary Commitee (hereinafter                 The Council shall adopt the measures by a qualified
referred to as 'the Committee'), set up by the Council        majority.
Decision of 15 October 1968, by the chairman, either
                                                              If the Council has not adopted any measures within
on his own initiative or at the request of a Member
                                                              months from the date on which the proposal was
State.
                                                              submitted to it, the Commission shall adopt the
2.    Within the Committee, the votes of the Member           proposed measures and apply them immediately.
States shall be weighted as provided in Article 148 (2)
of the Treaty. The chairman shall not vote.                                           Article 11
3.    The Commission representative shall submit a
                                                              This Regulation shall enter into force on 1 January
draft of the measures to be adopted. The Committee            1981.
shall deliver its opinion on the measures within a
period to be determined by the chairman in keeping            This Regulation shall be binding in its entirety and
with the urgency of the question submitted for exami-         directly applicable in all Member States.
              Proposal for a Council Regulation on the definition of the customs territory of the
                                                     Community
                          (Submitted by the Commission to the Council on 7 November 1980)
THE COUNCIL OF THE EUROPEAN                                   to the continental shelf or that applicable to the
COMMUNITIES,                                                  waters and foreshores situated between the coast or
                                                              shore and the limit of territorial waters, or the
Having regard to the Treaty, establishing the                 provisions applicable in accordance with Community
European Economic Community and in particular                 rules to be adopted with regard to free zones;
Article 235 thereof;
Having regard to the proposal from the Commission;           Whereas Council Regulation (EEC) No 802/68 of
                                                              27 June 1968 on the common definition of the
                                                              concept of the origin of goods (J) defined the customs
Having regard to the opinion of the European Par-             system applicable to prpducts taken from the
liament;                                                      continental shelf; whereas there is no justification for
                                                              integration the continental shelf adjacent to the
Having regard to the opinion of the Economic and              Member States into the customs territory of the
Social Committee;                                             Community;
Whereas the customs territory of the Community is
defined by Council Regulation (EEC) No 1496/68 ('),           Whereas Council Directive 69/75/EEC of 4 March
last amended by the Act of Accession of Greece (*);           1969 on provisions relating to free zones (4)
whereas Article 4 of the above Regulation provides            established the Community rules applicable in those
that it shall not affect the customs system applicable        zones;
(') OJ No L 238, 28. 9. 1968, p. 1                            O OJ No L 148, 28. 6. 1968, p. 1
O OJ No L 291, 19. 11. 1979, p. 17                            O OJ No L 58, 8. 3. 1969, p. 1
 ---pagebreak--- 22. 11. 80                        Official Journal of the European Communities                           No C 305/5
Whereas, in accordance with the Community's                  — the territory of the Italian Republic, excepting   the
consistent interpretation, particularly when laying               communes Livigno and Campione d'ltalia and      the
down the terms of agreements governing trade                      national waters of Lake Lugano which            are
arrangements with its associated countries, the                   between the bank and the political frontier of the
territorial waters of the Member States must be                   area between Ponte Tresa and Porto Ceresio;
considered an integral part of their territory and,
consequently, of the customs territory of the                — the territory of the Grand Duchy of Luxembourg;
Community;                                                   — the territory of the Kingdom of the Netherlands
                                                                  in Europe;
Whereas Article 4 of Regulation (EEC) No 1496/68
has consequently lost all meaning and whereas main-          — the territory of the United Kingdom of Great
taining it can only have the effect of creating                   Britain and Northern Ireland together with the
confusion;                                                        Channel Islands and the Isle of Man.
Whereas it should be specified that the air space
above the sea and land of the customs territory of the                                 Article 2
Community is also an integral part of it;
Whereas the definition of the common customs                 The territories situated outside the territory of
territory is designed to establish the geographical          Member States and covered by the Annex to this
space in which all Community customs rules must be           Regulation shall, in accordance with the convention
applied uniformly, except in the case of specific            and treaties applicable to them, be considered part of
provisions to the contrary; whereas this should be           the customs territory of the Community.
stated expressly;
Whereas, for the sake of clarity, it is desirable to                                   Article 3
collect all the provisions henceforth applicable with
regard to the definition of the customs territory of         Except where there are specific provisions to the
the Community in a new regulation, and therefore to          contrary, particularly those arising from the
repeal Regulation (EEC) No 1496/68;                          application of international conventions, the customs
                                                             rules of the Community shall apply uniformly
                                                             throughout the whole of the customs territory of the
HAS ADOPTED THIS REGULATION:                                 Community.
                                                                                       Article 4
                         Article 1
The customs territory of the Community shall                 The provisions of this Regulation shall apply without
comprise the territories listed below, including, where      prejudice to the arrangements set out in the Protocol
appropriate, their inland and archipelagic waters,           to the Treaty on German internal trade and
together with the adjacent territorial sea and the air       connected problems, particularly to German rules
space above all of these:                                    regarding the German customs territory.
— the territory of the Kingdom of Belgium;
                                                                                       Article 5
— the territory of the Kingdom of Denmark, except
    the Faroe Islands;                                        1. Regulation       (EEC)     No   1496/68  is  hereby
— the German territories to which the Treaty                 repealed.
    establishing the European Economic Community             2.     In all Community acts referring to Council
    applies, except the Island of Heligoland and the         Regulation (EEC) No 1496/68, such reference shall
    territory of Busingen (Treaty of 23 November             be considered as applying to this Regulation.
     1964 between the Federal Republic of Germany
    and the Swiss Confederation);
— the territory of the Hellenic Republic;                                              Article 6
— the territory of the French Republic, except the            This Regulation shall enter into force on 1 July 1981.
     overseas territories;
                                                             This Regulation shall be binding in its entirety and
— the territory of Ireland;                                   directly applicable in all Member States.
 ---pagebreak--- No C 305/6                           Official Journal of the European Communities                              22. 11. 80
                                                            ANNEX
             1. GERMANY
                The Austrian territories of Jungholz and Mittelberg as defined in the following treaties:
                — with regard to Jungholz — Treaty of 3 May 1868 (Bayerisches Regierungsblatt 1868,
                   p. 1245);
                — with regard to Mittelberg — Treaty of 2 December 1890 (Reichsgesetzblatt 1891, p. 59),
             2. FRANCE
                The territory of the Principality of Monaco as defined in the Customs Convention signed in
                Paris on 18 May 1963 (Official Journal of 27 September 1963, p. 8679)
             3. ITALY
                The territory of the Republic of San Marino as defined in the Convention of 31 March 1939
                (Law of 6 June 1939, No 1220).
             Proposal for an amendment to Council Regulation (EEC) No 726/79 as regards the
                  granting of financial support for projects to exploit alternative energy sources (')
             (Submitted by the Commission to the Council pursuant to the second paragraph of Article
                                        149 of the EEC Treaty on 30 October 1980)
                                                   Preamble u n c h a n g e d
                       Sole Article                               — exploitation of geothermal fields               22 • 5
                                                                  — exploitation of solar energy                    22 • 5
1. The maximum amount of aid to be granted
pursuant to Regulation (EEC) No 1302/78 is hereby                 The figures given in Paragraphs 1 and 2 are of an
fixed, for guidance purposes, at 145 million European              indicative nature only.
units of account for the whole of the five-year
programme.                                                        The Commission may, within the limit of 145 million
                                                                  European        units     of     account, modify this
2. The following maxima are established, for                       apportionment by up to 10 % of any of the sectoral
guidance purposes, for the following sectors:                      amounts.
                                               (million EUA)
                                                                  This Regulation shall be binding in its entirety and
— liquefaction and gasification of solid fuels          100        directly applicable in all Member States.
(') OJ No C 280, 30. 10. 1980, p. 6.