CELEX: 51982PC0002
Language: en
Date: 1982-01-20
Title: Amending of the proposal for a Council Regulation amending for the third time Regulation (EEC) No 222/77 on Community transit (amendment pursuant to the second paragraph of Article 149 of the EEC Treaty) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
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COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 2
Vol. 1982/0001
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(82)2 final
                                                     Brussels , 20 January 1982
            /         i"-.         Amending of the
            &       r :
                      r
                                      - »
                           proposal for a Council Regulation amending
                for the third time Regulation ( EEC ) No 222/ 77 on
              \ Community transit ( amendment pursuant to the second
                paragraph of Article 149 of the EEC Treaty )
                                 t
                 ( submitted to the Council by the Commission )
 C0M(82 ) 2 final
 ---pagebreak---                                                            ^-<rvv L
                               EXPLANATORY MEMORANDUM
The proposal for a Council Regulation amending for the third time Regulation
( EEC ) No 222/77 on Community transit Is designed to east as far as posefbis
the burden on third parties who agree to furnish financial guarantees to
cover the payment of duties and other charges which may 'become due in respect
of Community transit operations .
The aim of the measure is to ensure that this guarantee system functions
smoothly and at moderate cost , particularly in the interests of small and
medium-sized transport undertakings .
The proposal could usefully be amended to incorporate changes arising out
of further suggestions made by the trade and business circles concerned
and by certain Member States , the cogency    of which is accepted : that it
 should be made quite clear that any person who furnishes a guarantee Tinder
 the Community transit procedure need not pay sums claimed from him if it
 is established that no infringement or irregularity has been committed ;
 and that , similarly , any such person should be entitled , where the same
 conditions apply, to obtain the refund of sums which he may have paid in
 his capacity as guarantor . Drafting changes have also been made to the
 comprehensive guarantee form covering several Community transit operations ,
 in the interests of clarity.
 The CosL.ioc<ion therefore considers it necessary to amend its original
 proposal , acting under Article 149 of th.e Treaty establishing the European
                                                         ν
 Economic Community.
 The amendments are : the insertion in Article 35 of Regulation (EEC ) No 222/77
 of a new provision concerning the refund of sums paid by the guarantor ; an
 addition to paragraph 2 of the specimen guarantee forms annexed to the
 original proposal stipulating that a guarantor may not be required to pay
 sums claimed from him ; a redrafting of the second subparagraph 2 of the
 Bpecimen I guarantee form annexed to the initial proposal to make its
meaning clearer .
 ---pagebreak---                              Amending of the
                     the proposal for a Council Regulation
                 amending for the third time Regulation ( EEC )
                 No 222/77 on Community transit        •>
                 ( amendment pursuant to the second paragraph
                 of Article 149 of the EEC Treaty)
                                               1
The Commission hereby amends its proposal        as follows :
1 . The last recital is replaced by the following :
     "Whereas the introduction of this three-month period makes it
      necessary to adapt the Community transit guarantee forms and
      whereas the specimens of these forms must therefore be amended ;
      Whereas experience has shown the need to make provision for the sums
      paid by the guarantors to be reimbursed if it is established that no
      irregularity has been committed ;
      Whereas Regulation ( EEC ) No 222/ 77 should therefore be amended ;"
2 . Article 1 is replaced by the following :
     "Article 1
      1 . Article 35 of Regulation ( EEC ) No 222/77 is hereby amended as
          follows :
          ( a) the figure 1 shall be inserted before the beginning of the first
               line of the present text ;
          (b ) the following paragraph 2 shall be added after the present- texts
               "2. Any sums paid by the guarantor shall be reimbursed to him
                    if , within two years following the date on which the claim
                    for payment was made , it has been established to the
                     satisfaction of the competent authorities that no offence or
                     irregularity was committed in connection with the transit
                     operation in question."
       2. The specimen guarantee forms annexed to Regulation (EEC ) No 222/77
           are hereby replaced by the specimens annexed to this Regulation."
 3 . The specimen guarantee forms annexed to the proposal for a Regulation are
     replaced by the specimens annexed to this proposal for an amendment .
   OJ No C 97, 29.4.1981 , p. 4 .
 ---pagebreak---                                                       ANNEX
                                                  SPECIMEN I
                                          COMMUNITY TRANSIT
                                                 GUARANTEE
                 (Comprehensive guarantee covering several Community transit operations)
  1. UNDERTAKING BY THE GUARANTOR
     1 . The undersigned                                                                                (')
         resident at                                                                                 . (')
         hereby jointly and severally guarantees, at the office of guarantee of                             '
         up to a maximum amount of
         in favour of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of
         Germany, the Hellenic Republic, the French Republic, Ireland, the Italian Republic, the
         Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the United Kingdom of
         Great Britain and Northern Ireland ('),
         any amount for which a principal                                           (*) may be or become
          liable to the abovementioned States by reason of infringements or irregularities committed in
         the course of a Community transit operation carried out by that person, including duties,
         taxes, agricultural levies and other charges–with the exception of pecuniary penalties–as
         regards principal or further liabilities, expenses and incidentals.
   2 . The undersigned undertakes to pay, within a period of three months
         from the date of the first application in writing by the competent
         authorities of the States referred to in paragraph 1 , and without
         being able to defer payment beyond such period , the sums requested
         up to the Limit of the maximum amount aforesaid , unless he or any
         other person concerned establishes , before the expiry of this period ,
         to the satisfaction of the competent authorities , that no offence or
         irregularity within the meaning of paragraph 1 was comm itted .
         This amount may not be reduced by the sums already paid in pursuance of
         this undertaking unless recourse is had to the undersigned in respect of
         a Community transit operation which began before the receipt of the earlier
         request for payment or during the thirty days following that receipt .
     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 State in the
         territory of which the office of guarantee is situated.
         The cancellation shall take effect on the 16th day after notification thereof to the other party.
         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 on which the cancellation took effect, even if the demand for payment is made after that
         date.
( ) Surname and forenames, or name of firm.
O Full address.
( ) Delete the name of any State of which the territory will not be used .
(') Surname and forenames, or name of firm, and full address of the principal.
 ---pagebreak---                                                               - 3 -
     4. F<5r the purpose of this undertaking the undersigned gives his address for service (') as
                                                                   (') and in <ach -of the other States referred to
        in paragraph 1 as care of :
                 State                      Surname and forenames, or name of firm, and full address       _
                                    t  .
         The undersigned acknowledges that all correspondence and notices ^nd any formalities or
         procedures relating to this undertaking addressed to or effected in yrriting at one of his
         addresses for service shall be accepted and duly delivered to him.
         The undersigned acknowledges the jurisdiction of the courts of the places where he has an
         address for service.
         The undersigned undertakes to maintain his addresses for service or, if he has to alter one or
         more of those addresses, to inform the office of guarantee in advance.
                                               Done at                                  on . -
                                                                              (Signature ( '))
II . ACCEPTANCE BY THE OFFICE OF GUARANTEE
     Office of guarantee
      Guarantor's undertaking accepted on
                                                                          (Stamp and signature)
(') If, in ihc law of the State, there is no provision for address for service the guarantor shall appoint, in each of
     the States referred to in paragraph 1 , an agent authorized to receive any communications addressed to him.
     The courts of the places in which the addresses for service of the guarantor or of his agents are situated shall
     have jurisdiction in disputes concerning this guarantee . The acknowledgment in the second subparagraph and
     the undertaking in the fourth subparagraph ol paragraph 4 must be made to correspond.
( ) rull address.
(*) The signature must be preceded by the following in the signatory's own handwriting: 'Guarantee for the
     amount of               with the amount written out in full .                                                  *
 ---pagebreak---                                                                - 4 -
                                                   .   SPECIMEN II
                                               COMMUNITY TRANSIT
                                                       GUARANTEE
                              (Guarantee covering a single Community transit operation)
   1. UNDERTAKING BY THE GUARANTOR                                                                        -
       1 . The undersigned                                              ,                                      !....(')
           resident at                         !                                          >                           (i)
           hereby jointly and severally guarantees, at the office of departure of
           in favour of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of
           Germany, the Hellenic Republic, the French Republic, Ireland, the Italian Republic, the
           Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the United Kingdom of
           Great Britain and Northern Ireland ('),
           any amount for which a principal                                                     (4) may be or become
           liable to the abovementioned States by reason of infringements or irregularities committed in
           the course of a Community transit operation carried out by that person from the office of
           departure of                              :
           to the office of destination of                                                    in respect of the goods
           designated hereinafter, including duties, taxes, agricultural levies and other charges – with
           the exception of pecuniary penalties – as regards principal or further liabilities, expenses and
           incidentals.
    2 . The undersigned undertakes to pay , within a period of three months ~
           from the date of the first application in writing by the competent
           authorities of the States referred to in paragraph 1 , and without
           being able to defer payment beyond such period , the sums requested ,
           unless he or any other person concerned establishes , before the
           expiry of this period, to the satisfaction of the competent autho­
           rities , that no offence or irregularity within the meaning of
           paragraph 1 was committed .                                                                         -      –
      3. This undertaking shall be valid from the day of its acceptance by the office of departure.
      4. For the purposes of this undertaking, the undersigned gives his address for service (') as
                                                          (') and, in each of the other States referred to in para­
           graph 1 , as care of :                                            ' •
(') Surname and forenames, or name of firm.
( ) Pull address.
(*) Delete the name of any State or States of which the territory is not to be used.
( ') Surname and forenames, or name of firm, and full address of the principal .
C) If, in the Saw of the State, there is no provision for address for service, the guarantor shall appoint, in each of
     the State? rrtVrred to in paragraph an agent authorized to receive any communications addressed tc him .
     The           o: iru- pi.we* m * h;ch the addresses for service of the guarantor or of his agents are situated shall
     have jurisdiction in disputes concerning this guarantee. The acknowledgment in the second subparagraph and
     the undertaking in the fourth subparagraph of paragraph 4 must be made to correspond.
 ---pagebreak---                State                    Surname and forenames, or name of firm, and full address
                                  t
                                ♦
                                           ..
         The undersigned acknowledges that all correspondence and notices and any formalities or
         procedures relating to this undertaking addressed to or effected in writing at one of his
         addresses for service shall be accepted as duly delivered to him.
         The undersigned acknowledges the jurisdiction of the courts of the places where he has an
         address for service.
         The undersigned undertakes to maintain his addresses for service, or, if he has to alter one
         or more of those addresses, to inform the office of guarantee in advance.
                                              Done at                             on
                                                                         (Signature (' )
II . ACCEPTANCE BY THE OFFICE OF DEPARTURE
     Office of departure
     Guarantor's undertaking accepted on
     to cover the Community transit operation under T 1 /T 2 (*),
     issued on                                                    under No
                                                                      (Sump and signatur«)
(') The signature must be preceded by the following in the signatory's own handwriting : *Guararitee .
(') Delete as appropriate.
 ---pagebreak---                                                    SPECIMEN III
                                            COMMUNITY TRANSIT
                                                   GUARANTEE
                                            (Flat-rate guarantee system)
  I. UNDERTAKING BY THE GUARANTOR
      1 . The undersigned                                                                                           (')
          resident at                                                                                               o
           hereby jointly and severally guarantees, at the office of guarantee of
           in favour of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of
          Germany, the Hellenic Republic, the French Republic, Ireland, the Italian Republic, the
           Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the United Kingdom of
           Great Britain and Northern Ireland,
           any amount for which a principal may become liable to the abovementioned States 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 pecun­
           iary 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 7 000 ECUs per voucher.
  2 . The undersigned undertakes to pay , within a period of three months
          from the date of the first application in writing by the competent
          authorities of the States referred to in paragraph 1 , and without
          being able to defer payment beyond such period , the sums requested
          up to an amount of 7.000 ECUs per voucher , unless he or any other
          person concerned establishes , before the expiry of this period , to
          the satisfaction of the competent authorities , that no offence or
          irregularit y with in the meaning of paragraph 1 was c ommi tted .
     .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 State in the territory of
          which the office of guarantee is situated.
          The cancellation shall take effect on the 16th day after notification thereof to the other party.
          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 on which the cancellation took effect, even if the demand for payment is made after that
          date .
      4. (') For the purpose of this undertaking, the undersigned gives his address for service as
                                  (*) and, in each of the other States referred to in paragraph 1 , as care of:
(') Surname and forenames, or name of firm.
(*) Pull address.
(*) If, in the law of a State, there is no provision for giving addresses for service, the guarantor shall appoint, in
    each of the States referred to in paragraph I , an agent authorized to receive any communications addressed to
     him . The courts of the places in which the addresses for service of the guarantor or of his agents are situated
    shall have jurisdiction in disputes concerning this guarantee. The acknowledgement in the second
    subparagraph and the undertaking to the fourth subparagraph of paragraph 4 must be made to correspond.
 ---pagebreak---                                                      - 7
                                         t
               State                   Surname and forenames» or name of firm, and full address
             ■
                                                                                                   ;   .
                                                                                         -
        The undersigned acknowledges that all correspondence and notices and any formalities or
        procedure relating to this undertaking addressed to or effected in writing at one of his
        addresses for service shall be accepted as duly delivered to him.
        The undersigned acknowledges the jurisdiction of the courts of the places where he has an
        address for service.
        The undersigned undertakes to maintain his addresses for service, or, if he has to alter one
        or more of those addresses, to inform the office of guarantee in advance.
                                           Done at             -              on                        .
                                                                     (Signature (*))
II . ACCEPTANCE BY THE OFFICE OF GUARANTEE
     Office of guarantee           '
     Guarantor's undertaking accepted on
                                         »     ^   •                                 ; .
                                                                 (Stamp and signature)
(') The signature x must be preceded by < the following in the signatory's own handwriting : 'Guarantee .