CELEX: 31969R2311
Language: en
Date: 1969-11-19 00:00:00
Title: Regulation (EEC) No 2311/69 of the Commission of 19 November 1969 on the procedure for operating the flat-rate guarantee system provided for in Article 32 of Regulation (EEC) No 542/69 on Community transit

Official Journal of the European Communities                                 501
24.11.69                            Official Journal of the European Communities                          No L 295/1
                            REGULATION (EEC) No 2311 /69 OF THE COMMISSION
                                                 of 19 November 1969
               on the procedure for operating the flat-rate guarantee system provided for in Article 32
                                of Regulation (EEC) No 542/69 on Community transit
 THE    COMMISSION       OF    THE  EUROPEAN       COM­        Whereas, in order to reduce as much as possible the
 MUNITIES,                                                     cost of the guarantee, the classes of goods for which
                                                               the flat-rate amount may be increased should be
 Having regard to the Treaty establishing the
                                                               limited to those which are subject to high consumer
                                                               taxes in one or more Member States ;
European Economic Community;
                                                               Whereas, in order to prevent abuse, provision should
Having regard to Council Regulation (EEC) No                   be made for the office of departure exceptionally to
542/691 of 18 March 1969 on Community transit,                 increase the flat-rate amount where, because of
and in particular Article 32 (2) thereof;                      circumstances peculiar to the carriage of the goods,
                                                               there are increased risks ;
Whereas Regulation (EEC) No 542/69 provides for a
flat-rate guarantee system under which, irrespective           Whereas in order that the guarantor be liable in
of the principal, the guarantor by a single contract           respect of specific Community transit operations,
guarantees payment up to the amount of 5000 units             provision should be made for the issue by the
of account of any duties or other charges which may            guarantor of guarantee vouchers, drawn up in the
become payable in respect of any Community transit             name of a principal, which must be handed to the
operation carried out under the guarantee ;                    office of departure when a Community transit
                                                               declaration is lodged ;
Whereas under Article 32 (2) the following are to be
determined :                                                   Whereas the provisions of this Regulation are in
                                                               accordance with the Opinion of the Committee on
— the model form of guarantee for use under the                Community Transit;
    flat-rate guarantee system;
— what carriage of goods may give rise to an                  HAS ADOPTED THIS REGULATION :
    increase in the flat-rate amount of 5000 units of
    account, and the conditions under which such an                                    Article 1
    increase shall apply;
                                                               1.    When a natural or legal person proposes to
— the conditions under which it will be established           stand surety upon the conditions referred to in
    that the flat-rate guarantee shall apply to any           Articles 27 and 28 and on the terms laid down in
    particular Community transit operation ;                  Article 32 ( 1 ) of Regulation (EEC) No 542/69 on
                                                               Community transit, the contract of guarantee shall be
Whereas the standard form of guarantee should be              in the form of the model appearing in Annex I.
based upon the specimens contained in Annex F to
Regulation (EEC) No 542/69, incorporating such                2.     Where national law, regulation, administrative
changes as may be necessary to take into account               practice or accepted usage so requires, each Member
that the guarantee is for a flat-rate amount, that a          State may impose the use of a different form o(
number of principals will avail themselves of it and          guarantee provided it has the same legal, effect.
that their identity will be unknown at the time the
guarantee is executed;                                                                 Article 2
                                                               1 . The acceptance of the guarantee referred to in
1 OJ No L 77, 29.3.1969, p. 1.                                Article 1 by the customs office where it is drawn up
 ---pagebreak---  502                                Official Journal of the European Communities
('the office of guarantee') shall be the guarantor's          2. "Where, because of circumstances peculiar to the
authority to issue, under the terms of the guarantee,          carriage of the goods, carriage thereof involves
flat-rate guarantee vouchers to persons intending to           increased risks and the office of departure therefore
act as principal in a Community transit operation              considers that the guarantee of 5000 units of account
from an office of departure of their choice. The               is clearly insufficient, it may exceptionally require a
termination of a contract of guarantee shall be                guarantee of greater amount in multiples of 5000
notified forthwith to the other Member States by the           units of account.
Member State in which the office of guarantee is
located .                                                     3 . Transport of goods shown in the list appearing
                                                              in Annex III shall give rise to an increase in the
2.    The guarantor shall be liable up to an amount            amount of the flat-rate guarantee where the quantity
of 5000 units of account in respect of each flat-rate          of goods transported exceeds the quantity
guarantee voucher.                                             corresponding to the flat-rate amount of 5000 units
                                                              of account.
3.    Each flat-rate guarantee voucher shall conform           In that case, the flat-rate amount shall be increased to
to the model contained in Annex II and shall be in            the multiple of 5000 units of account necessary to
one of the official languages of the Community.               guarantee the quantity of goods to be dispatched.
4. White paper shall be used, free of mechanical              4. In the cases referred to in paragraphs 2 and 3
pulp, dressed for writing purposes and weighing               the principal shall deliver to the office of departure
between 55 and 65 g/m2. It shall have a printed               flat-rate guarantee vouchers corresponding to the
guilloche pattern background in red such as to reveal         required multiple of 5000 units of account.
any falsification by mechanical or chemical means.
                                                                                        Article 4
The size of the form shall be 105 X 148 millimetres.
                                                               1.    Where     the   Community     transit  declaration
5.    Without prejudice to Article 3 , the principal          includes other goods besides those shown in the list
may effect one Community transit operation under              referred to in Article 3 (3 ), the provisions of this
each flat-rate guarantee voucher. The voucher shall           Regulation shall be applied as . if the two classes of
be delivered to the office of departure and shall be          goods were comprised in separate declarations.
retained by it.
                                                              2. By way of derogation from the provisions of
                                                              paragraph 1 , account shall not be taken of the
                        Article 3                             presence of goods of either class if the quantity or
                                                              value thereof is relatively unimportant.
1 . Save in the cases referred to in paragraphs 2 and
3 the office of departure shall not require a guarantee
in excess of the flat-rate amount of 5000 units of                                      Article 5
account per Community transit declaration whatever
the amount of the duties and other charges which              This Regulation shall enter into force on the third
may attach to the goods comprised in a particular             day following its publication in the Official journal
declaration.                                                  of the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 19 November 1969 .
                                                                                   For the Commission
                                                                                       The President
                                                                                         Jean REY
 ---pagebreak---                              Official Journal of the European Communities                                               503
                                                     ANNEX I
                                                  MODEL FORM
                                               C.E.     (E.C.)     E.G.
                                  COMMUNITY TRANSIT GUARANTEE
                                           (Flat-Rate Guarantee System )
  I. Undertaking by the Guarantor
      1 . The undersigned                                                                                             1
          resident at                                                                                                 2
          hereby jointly and severally guarantees, at the office of guarantee of
          in favour of the Kingdom of Belgium, the Federal Republic of Germany, the French
          Republic, the Italian Republic, the Grand Duchy of Luxembourg and the Kingdom of
          the Netherlands any amounts for which a principal may become liable to the above­
          mentioned Member States of the European Communities by reason of infringements or
          irregularities committed in the course of a Community transit operation including duties,
          taxes, agricultural levies and other charges—with the exception of pecuniary penalties—as
          regards principal or further liabilities, expenses and incidental charges with regard to
          which the undersigned has agreed to be responsible by the issue of guarantee vouchers
          up to a maximum amount of 5000 units of account per voucher.
     2. The undersigned undertakes to pay forthwith, upon the first application in writing by
          the competent authorities of the Member States, the sums requested up to an amount
          of 5000 units of account per guarantee voucher.
     3 . This undertaking shall be valid from the day of its acceptance by the office of guarantee.
          This guarantee may be cancelled at any time by the undersigned, or by the Member
          State in the territory of which the office of guarantee is situated.
          The cancellation shall take effect on the sixteenth 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.
     4.3 For the purposes of this undertaking, the undersigned gives his address for service as
          and , in each of the other Member States, as care of
1 Surname and forenames , or name of firm .
8 Full address .
' If, in the law of a Member State, there is no provision for giving addresses for service the guarantor shall appoint,
   in each of the Member States referred to in paragraph 1 , an agent authorised 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 in the fourth subparagraph of paragraph 4 must be made to correspond .
 ---pagebreak--- 504                            Official Journal of the European Communities
                      Member State                     Surname and forenames or name of firm and full address
                                                                       '
              1
              2
              3.    .                                                                                          (
              4
              5.
                                                   >
             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
                                                                                   Signature1
    II. Acceptance by the office of guarantee
          Office of Guarantee
          Guarantor's undertaking accepted on the
                                                                              Stamp and signature
    1 The signature must be preceded by the following in the signatory's own handwriting: ' Guarantee for the amount
       of                        ' the full amount being entered in words.
 ---pagebreak---                             Official Journal of the European Communities                                          505
                                                  ANNEX 11
                                                                                                            FRONT
COMMUNITY                                C.E.                     E.G.                             A 000000
     TRANSIT                                        (E.C. )
                                  FLAT-RATE GUARANTEE VOUCHER
Issued by
                                            (name and address of individual or firm)
 (Undertaking of the Guarantor accepted on
by the Office of Guarantee of
This voucher is valid for an amount of up to 5000 UNITS OF ACCOUNT for one Community
transit operation
beginning not later than
and in respect of which the principal is
                                      (name and address of individual or firm)
              Signature of principal!                                      Signature and stamp of guarantor
1 Signature optional.
Name and address of printer.
                                                                                                             BACK
                                To be completed by the office of departure
Community transit operation effected under T1/T2 Document registered
on                                                           under No
by the Office at
                      Stamp                                                            Signature
 ---pagebreak--- 506                        Official Journal of the European Communities
                                               ANNEX 111
                                                                        Quantity corresponding
         CCT heading No                      Description of goods          to the standard
                                                                         amount of 5000 u.a .
       09.01 A I                   Coffee not roasted                        5 000    kg
       09.01 A II                  Coffee roasted                            3 500   kg
    ex 21.02 A                     Coffee extract and essence                 1200    kg
       09.02                       Tea                                        3 500   kg
    ex 21.02 B                    Tea extract and essence                     1200    kg
       22.05 A          i
       22.06
    ex 22.09            J
                         [        Alcoholic beverages other than
                                   non-sparkling wines
                                                                                 20 hi
    ex 22.08            Ί
                                  Ethylic alcohol not denatured                  10 hi
    ex 22.09            j
       24.02 A                     Cigarettes                             250 000    pieces
    ex 24.02 B                     Cigarillos                             250 000    pieces
    ex 24.02 B                     Cigars                                 100 000    pieces
       24.02 C                    Smoking tobacco                            1250    kg
    ex 27.10                      Petrol, gas-oil                              400 hi
    ex 33.06 B                    Perfumes and toilet water                      10 hi