CELEX: 31971R2766
Language: en
Date: 1971-12-23 00:00:00
Title: Regulation (EEC) No 2766/71 of the Commission of 23 December 1971 supplementing Regulation (EEC) No 1279/71 on the use of Community transit documents for the purpose of applying certain measures on the exportation of certain goods

Official Journal of the European Communities                                          1023
24.12.71                              Official Journal of the European Communities                               No L 283 /33
                             REGULATION (EEC) No 2766/71 OF THE COMMISSION
                                                   of 23 December 1971
              supplementing Regulation (EEC) No 1279/71 on the use of Community transit
              documents for the purpose of applying certain measures on the exportation of certain
                                                            goods
THE    COMMISSION       OF     THE    EUROPEAN      COM­               '3 . The customs office referred to in paragraph 1
MUNITIES,                                                                     shall insert in the customs document under
                                                                              cover of which the goods are to be carried
                                                                              one or other of the indications set out in
Having regard to the Treaty establishing the                                  Article 2 .'
European Economic Community;
                                                                  (b ) Articles 4a and 5a, worded as follows, shall be
Having regard to Council Regulation (EEC) No                           added :
542/69 1 of 18 March 1969 on Community transit,
and in particular Article 58 ( 1 ) (b) thereof;                        'Article 4a
Whereas Commission Regulation (EEC) No 1279/712
of 17 June 1971 on the use of Community transit                        1 . Where the measure referred to in Article 1 (2)
documents for the purpose of applying certain                                provides for the giving of a guarantee, such
measures on the exportation of certain goods set out                         guarantee shall be provided in cases where,
rules for the movement of goods within the                                   according to the information contained in the
Community, the exportation of which from the                                 customs document, the goods referred to in
Community is prohibited or subject to restrictions,                          Article 1 ( 1 ) moving between two points
duty or other charge; whereas these rules should be                          within the Community are, during transit, to
amplified to include provisions concerning a                                 leave the territory of the Community
guarantee for the purpose of enforcing the measures                          otherwise than by air.
applicable on exportation of goods from the
Community ;                                                            2. The guarantee shall be effected with the
                                                                             customs       office  at which   the   formalities
Whereas the measures provided for in this Regulation                         required for dispatch of the goods have been
are in accordance with the Opinion of the Committee                          copipleted or with any other body designated
on Community Transit;                                                        for that purpose by the Member State for
                                                                             which that customs office acts, in manner
                                                                             determined by the competent authorities of
                                                                             that Member State. In the case of measures
 HAS ADOPTED THIS REGULATION :
                                                                             imposing       a   duty  or other    charge,   the
                                                                             guarantee need not be provided where the
                       Article 1                                             goods are carried under the Community
                                                                             transit procedure and a guarantee otherwise
                                                                             than in cash has been given or exemption
Regulation (EEC) No 1279/71 shall be supplemented                            from the giving of a guarantee is provided for
as follows :
                                                                             in view of the identity of the principal .'
(a) A paragraph 3 , worded as follows, shall be added                  'Article 5a
     to Article 3 :
                                                                       In cases where the goods referred to in Article 1
                                                                        ( 1 ) and moving in accordance with Article 4a,
1 OJ No L 77, 29.3.1969, p . 1 .                                       whether or not by air, do not re-enter the
2 OJ No L 133, 19.6.1971 , p. 32.                                       Community within the period prescribed, they
 ---pagebreak--- 1024                            Official Journal of the European Communities
    shall be treated as having been irregularly                                  Article 2
   exported to a third country from the Member
   State whence they were dispatched unless it can         This Regulation shall enter into force on the third
   be proved that they were lost through force             day following its publication in the Official Journal
    majeure or accidental circumstances .                  of the European Communities.
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 23 December 1971 .
                                                                            For the Commission
                                                                                The President
                                                                            Franco M. MALFATTI