CELEX: 
Language: en
Date: 1985-08-06 00:00:00
Title: Council Regulation (EEC) No 2232/85 of 25 July 1985 on the application of Decision No 1/85 of the EEC-Austria Joint Committee - Community transit - amending the Agreement between the European Economic Community and the Republic of Austria on the application of the rules on Community transit #Decision No 1/85 of the EEC-Austria joint Committee - Community transit - of 24 June 1985 amending Appendix II to the Agreement between the European Economic Community and the Republic of Austria on the application of the rules on Community transit

6 . 8 . 85                        Official Journal of the European Communities                            No L 209/ 1
                                                         I
                                       (Acts whose publication is obligatory)
                                 COUNCIL REGULATION (EEC) No 2232/85
                                                  of 25 July 1985
               on the application of Decision No 1 /85 of the EEC-Austria Joint Committee —
               Community transit — amending the Agreement between the European
               Economic Community and the Republic of Austria on the application of the
                                           rules on Community transit
THE COUNCIL OF THE EUROPEAN                                   HAS ADOPTED THIS REGULATION :
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                                     Article 1
thereof,
Having regard to the proposal from the Commission,            Decision No 1 /85 of the EEC-Austria Joint
                                                              Committee — Community transit — amending the
Whereas Article 1 6 (3) (a) of the Agreement between          Agreement between the European Economic Commu­
the European Economic Community and the Republic              nity and the Republic of Austria on the application of
of Austria on the application of the rules on Commu­          the rules on Community transit shall apply in the
nity transit (') empowers the Joint Committee set up          Community.
under the Agreement to adopt Decisions making any
amendments to the Agreement which may be made
necessary by changes in the abovementioned rules ;            The text of the Decision is attached to this Regulation.
Whereas the Joint Committee has decided to amend
the Agreement in order to take account of a number
                                                                                      Article 2
of recent changes in the Community rules, the effect
of which will be to simplify formalities and bring
about certain technical changes in the Community              This Regulation shall enter into force on the third day
transit procedure ;                                           following its publication in the Official Journal of the
Whereas this amendment is the subject of Joint                European Communities.
Committee Decision No 1 /85 ; whereas it is necessary
to implement the said Decision in the Community,              It shall apply with effect from 1 July 1985.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 25 July 1985.
                                                                          For the Council
                                                                           The President
                                                                              J. POOS
(>) OJ No L 294, 29. 12. 1972, p. 87.
 ---documentbreak---  No L 209/2                          Official Journal of the European Communities                               6. 8 . 85
                     DECISION No 1 /85 OF THE EEC-AUSTRIA JOINT COMMITTEE
                                               — Community transit —
                                                    of 24 June 1985
                amending Appendix II to the Agreement between the European Economic
                Community and the Republic of Austria on the application of the rules on
                                                   Community transit
 THE JOINT COMMITTEE,                                               dispatch of goods to another Member State of the
                                                                    Community or the customs document for the
 Having regard to the Agreement between the Euro­                   exportation or re-exportation of goods out of the
 pean Economic Community and the Republic of                        customs territory of the Community or any docu­
Austria on the application of the rules on Community                ment having equivalent effect shall be presented
 transit, and in particular Article 16 (3) (a) thereof,             to the office of departure together with the
                                                                    Community transit declaration to which it relates.
Whereas the Regulation on provisions for the imple­
mentation of the Community transit procedure and for                For the purposes of the preceding subparagraph,
certain simplifications of that procedure has been                  declaration of dispatch or the export or re-export
amended, notably in order to simplify the documenta­               declaration on the one hand, and the Community
tion used in the Community rail transit procedure ;                 transit declaration on the other, may be combined
further to allow signatures to be dispensed with, under            on a single form.']
certain conditions, where Community transit declara­
tions are made out using computerized procedures ; to           2. the following Article 1 3b is inserted :
extend to all modes of transport the simplified proce­             [ Article 13 b
dure for the issue of the internal Community transit
document T2L ; to adjust, with respect to goods liable              1.     Control Copy T No 5 may be issued retroac­
to give rise to an increase in the flatmate guarantee, the         tively on condition that :
level of that guarantee to that of the charges appli­
cable ; to make the text of the Regulation more homo­              — the person concerned is not responsible for
geneous so far as the items appearing in all languages                  the failure to apply for or to issue this docu­
are concerned ;                                                         ment when the goods were dispatched,
                                                                   — the person concerned furnishes proof that the
Whereas the above Regulation is contained in                            Control Copy T No 5 relates to the goods in
Appendix II to the Agreement ; whereas that                             respect of which the dispatch or export forma­
Appendix should therefore be amended ;                                  lities were completed,
                                                                   — the person concerned produces the documents
Whereas Decision No 1 /81 of the Joint Committee                        required for the issue of the Control Copy T
amended the aforementioned Appendix II with a view                      No 5,
to certain changes to the flat-rate guarantee system ;
                                                                   — it is established to the satisfaction of the
whereas that Decision is applicable until 30 June
1985 ; whereas it has been found necessary to extend                    competent customs authorities that the retro­
the application of that Decision beyond that date,                      active issue of the Control Copy T No 5
                                                                        cannot give rise to the securing of financial
                                                                        benefits which would not be due considering
                                                                        the transit procedure which may have been
HAS DECIDED AS FOLLOWS :                                                used, the customs status of the goods and their
                                                                        use and/or destination .
                                                                   2. Where the Control Copy T No 5 is issued
                         Article 1
                                                                   retroactively, it shall bear in red one of the follo­
                                                                   wing forms of wording :
Appendix II to the Agreement between the European
Economic Community and the Republic of Austria on                  "Udstedt efterfølgende
the application of the rules on Community transit is               "Nachträglich ausgestellt
hereby amended as follows :
                                                                   "Εκδοθέν εκ των υστέρων"
  1 . Article 4 is replaced by the following :                     "Issued retroactively
      [ Article 4                                                  " Delivre a posteriori
      Without prejudice to any measures of simplifica­             "Rilasciato a posteriori
      tion applicable, the customs document for the                  Achteraf afgegeven
 ---pagebreak--- 6 . 8 . 85                           Official Journal of the European Communities                          No L 209/3
      Moreover, the person concerned shall enter on              6. The following Article 60a is inserted after Article
      such Control Copy T No 5 the identity of the                   60 :
      means of transport by which the goods were
      dispatched, the date of departure and, if appro­               'Article 60a
      priate, the date on which the goods were produced
      to the office of destination .                                 1 . The customs authorities may authorize the
                                                                    authorized consignor not to sign Tl and T2 decla­
      3 . The Control Copy T No 5 issued retroact­                  rations bearing the special stamp referred to in
      ively may be endorsed by the competent customs                Annex XV and drawn up by an electronic or auto­
      office of the Member State of destination only                matic data-processing system. This authorization
      where this office establishes that the goods                  shall be subject to the condition that the autho­
      covered by the document in question have been                 rized consignor has previously given those autho­
      used for the prescribed purpose and/or have                   rities a written undertaking acknowledging that he
      reached the destination laid down or prescribed by            is the principal for all Community transit opera­
      the Community measure on the importation,                     tions effected under the cover of Tl or T2 docu­
      exportation or movement within the Community                  ments bearing the special stamp.
      of those goods.']
                                                                    2. Tl and T2 documents drawn up in accor­
 3 . Article 40 is replaced by the following :                      dance with paragraph 1 shall contain in the box
       '     Article
                40                                                  reserved for the principal's undertaking one of the
                                                                    following forms of wording :
     The railway authorities shall ensure that consign­
      ments carried under the Community transit proce­              "Fritaget for underskrift"
      dure are identified by labels bearing a pictogram, a
      specimen of which is shown in Annex XIV.                        Freistellung von der Unterschriftsleistung"
     The labels shall be affixed to the International                 Aev ctTtaiTEiTat UTioypatpf]"
      Consignment Note or to the International Express              "Signature waived"
      Parcels Consignments Note and to the relevant
      railway wagon in the case of a full load or, in               "Dispense de signature"
      other cases, to the package or packages.'                     "Dispensa della firma"
 4. Article 50g is replaced by the following :                      "Van ondertekening vrijgesteld"'
       Article 50g
                                                                7. Article 74 is replaced by the following :
     The transport undertaking shall ensure that
     consignments carried under the Community                       ['Article 74
      transit procedure are identified by labels bearing a
      pictogram a specimen of which is shown in                     1 . Document T2L shall be made out in tripli­
     Annex XIV. The labels shall be affixed to the                  cate in respect of goods eligible for a refund on
      Community Transit Transfer Note and to the                    exportation to third countries under the common
      large container or containers concerned.'                     agricultural policy which are routed to the
                                                                    Member State of destination otherwise than by air,
 5. Article 59 ( 1 ) is replaced by the following :                 in such a way that part of the journey is outside
                                                                    the customs territory of the Community. The
     ' 1 . The authorized consignor shall, not later                original and one copy shall be returned to the
      than the time of dispatching the goods, enter on              person concerned and the second copy shall be
      the front of copies 1 , 2 and 3 of the duly                   retained by the issuing office.
     completed declaration Tl or T2 in the space
      marked "Control by office of departure" particulars           A customs office issuing a T2L document in
      of the period within which the goods must be                  triplicate shall enter on each copy one of the
      produced at the office of destination and of the              following forms of wording :
      identification measures applied and one of the
      following endorsements :                                      "Udstedt i tre eksemplarer
     " Forenklet procedure                                          "In drei Exemplaren ausgestellt
     "Vereinfachtes Verfahren"
                                                                    "Εκδιδόμενο σε τρια αντίτυπα"
     "Απλουστευμένη διαδικασία"
                                                                    "Issued in triplicate
     "Simplified procedure
     "Procédure simplifiée"                                         "Délivré en trois exemplaires
     "Procedura semplificata"                                       "Rilasciato in tre esemplari
     "Vereenvoudigde regeling"                                      "In drie exemplaren afgegeven"
 ---pagebreak--- No L 209/4                         Official Journal of the European Communities                              6. 8 . 85
     For the purposes of the first subparagraph, goods        10. in Annex VII, the distinguishing abbreviations EF,
     loaded in a seaport of a Member State for                     EG, EK, EC, CE appearing in the heading of the
     unloading in a seaport of another Member State                transit advice note are deleted ;
     shall be deemed not to have left the customs terri­
     tory of the Community provided that the sea cros­        11 . in Annex VIII, the distinguishing abbreviations
     sing is covered by a single transport document.               EF, EG, EK, EC, CE appearing in the heading of
                                                                   the receipt are deleted ;
     2.    In the Member State of destination, the
     original and the copy returned to the person             12. Annex XIII is replaced by Annex B to this Deci­
     concerned shall be produced to the office referred            sion ;
     to in Article 72. This office shall stamp the copy
     and return it to the issuing office for verification     13 . Annex A to this Decision is added as Annex XIV.
     purposes. It shall be informed of the result thereof
     only if an irregularity is established.']                                       Article 2
 8 . Article 75 is amended as follows :
                                                             Forms conforming with the specimens in Annexes VII
     — the figure 1 preceding the first paragraph is         and VIII to Appendix II, as in force prior to 1 January
         deleted,                                            1985, may continue to be used until 31 December
     — paragraph 2 is hereby repealed.                       1987.
 9. Article 77 (2) is replaced by the following :
                                                                                     Article 3
     '2. Not later than on consignment of the goods,
     the authorized consignor shall complete the form        The validity of Decision No 1 /81 of the Joint
     T2L and sign it. In addition, he shall enter in the     Committee, as last extended by Decision No 1 /83, is
     space reserved for the customs certificate the          hereby extended until 31 December 1987.
     name of the responsible customs office, the date
     of completion of the document, such particulars
     of export documentation as are required by the                                  Article 4
     Member State of exportation and one of the
     following endorsements :                                This Decision shall enter into force on 1 July 1985.
     "Forenklet procedure
     "Vereinfachtes Verfahren"
                                                             Done at Brussels, 24 June 1985.
     "Απλουστευμένη διαδικασία
     "Simplified procedure
                                                                                     For the Joint Committee
     "Procédure simplifiée"
                                                                                           The President
     "Procedura semplificata
     "Vereenvoudigde regeling"                                                          Dr R. SIMONCSICS
 ---pagebreak--- 6. 8 . 85
          Official Journal of the European Communities No L 209/5
                              ANNEX A
                            ANNEX XIV
                                 Label
                        (Articles 40 and 50g)
                       Colour : black on green.'
 ---pagebreak--- No L 206/6                        Official Journal of the European Communities                                 6. 8 . 85
                                                        ANNEX B
                                                      'ANNEX XIII
             List of goods which when transported give rise to an increase in the flate-rate guarantee
                  1                                      2
                                                                                         E          3
                                                                                                 Quantity
               Tariff                                                                     corresponding to the
              headings                               Description                            standard amount
                                                                                             of 7 000 ECU
          ex 02.01        Meat of bovine animals, fresh, chilled or frozen
           ex 02.06       Meat of bovine animals, salted or in brine, dried or smoked,
                          whether or not boned or boneless
                                                                                              3 000 kg
          ex 16.02        Prepared bovine meat (other than that of heading No 16.01 )
                          and preserved bovine meat or bovine offal, uncooked,
                          including mixtures of cooked meat or offal and uncooked
                          meat or offal, excluding liver
          ex 16.01        Sausages and the like, of meat, meat offal or blood of
                          domestic swine, excluding liver                                1
          ex 16.02        Prepared meat (other than that of heading No 16.01 ) or
                          preserved meat or meat offal of domestic swine, containing
                          bovine meat, uncooked, excluding liver                              4 000 kg '
          ex 16.02        Other prepared or preserved meat or meat offal of domestic
                          swine, containing by weight 80 % or more of meat or offal,
                          of any kind, including fats of any kind or origin, excluding
                          liver
              04.02       Milk and cream, preserved, concentrated or sweetened                5 000 kg
              04.03       Butter                                                              3 000 kg
              04.04       Cheese and curd                                                     3 500 kg
          ex 09.01        Coffee, unroasted, whether or not freed of caffeine                 3 000 kg
          ex 09.01        Coffee, roasted, whether or not freed of caffeine                   2 000 kg
          ex 21.02        Extracts, essences or concentrates of coffee                        1 000 kg
              09.02       Tea                                                                 3 000 kg
          ex 21.02        Extracts, essences or concentrates of tea                           1 000 kg
          ex 21.07        Food preparations not elsewhere specified or included, other
                          than cereals, pre-cooked or otherwise prepared, ravioli, maca­
                          roni, spaghetti and similar products, ice-cream (not including
                          ice-cream powder) and other ices, prepared yoghourt,
                          prepared milk, in powder form, for use as infants' food or for
                          dietetic or culinary purposes and sugar syrups, and containing
                          by weight of milkfats 18 % or more                                  3 000 kg
 ---pagebreak--- 6 . 8 . 85                     Official Journal of the European Communities                                No L 206/7
                  1                                   2                                         3
                                                                                            Quantity
               Tariff                                                                 corresponding to the
              headings                           Description                            standard amount
                                                                                         of 7 000 ECU
              22.05    Wine of fresh grapes ; grape must with fermentation arrested
                       by the addition of alcohol                                            15 hi
              22.06    Vermouths, and other wines of fresh grapes flavoured with
                       aromatic extracts                                                     15 hi
           ex 22.08    Ethyl alcohol or neutral spirits, undenatured, of an alcoholic
                       strength of 80 % vol or higher                                         3 hi
           ex 22.09    Ethyl alcohol or neutral spirits, undenatured, of an alcoholic
                       strength of less than 80 % vol                                         3 hi
           ex 22.09    Liqueurs and other spirituous beverages                                5 hi
           ex 24.02    Cigarettes                                                       70 000 items
           ex 24.02    Cigarillos                                                       60 000 items
           ex 24.02    Cigars                                                           25 000 items
           ex 24.02    Smoking tobacco                                                      100 kg
           ex 27.10    Light and medium petroleum oils and gas oils                         200 hi
           ex 33.06    Perfumes and toilet water                                              5 hi'