CELEX: 51989PC0074
Language: en
Date: 1989-02-27
Title: Proposal for a COUNCIL DECISION accepting on behalf of the Community the Recommendation of 5 June 1962 of the Customs Co-operation Council concerning the Customs treatment of registered baggage carried by rail, as amended on 21 June 1988 (presented by the Commission)

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COM (89) 74
Vol. 1989/0024
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM ( 89) 74     final
                                                Brussels , 27 February 1989
                         Proposai for a
                       COUNCIL   DECISION
            accepting on behalf of the Community
              the Recommendation of       5 June    1962
             of the Customs Co-operation Council
   concerning the Customs treatment of registered baggage
                ,        carried by rail ,
                   as  amended on   21  June  1988
                  (presented by the Commission )
 ---pagebreak---                                                             (jQ7**v
                          EXPLANATORY MEMORANDUM
The Customs Co-operation Council Recommendation of 5 June    1962
concerning the Customs treatment of registered baggage carried by rail
introduces a declaration form which passengers can present to the
railway authorities , with a view to expediting completion of customs
formalities with regard to their registered baggage .
As a result of recent scrutiny of this form by the European Economic
Community 's customs authorities and the railway authorities it became
apparent that , in the light of the changes which have taken place
since 1962 , regarding   customs authorities' sphere of competence , some
amendments could usefully be made to the declaration form     in order to
update it . These amendments would also facilitate introduction
of the declaration form by countries or certain Member States which
had hitherto been unable to use or accept it .
The Community therefore proposed to the Customs Co-operation Council
that the declaration form prescribed by the Recommendation of 5 June
1962 be amended in accordance with a draft submitted to it by the
Community . The Community also asked for a clause to be included in the
Recommendation permitting it to accept it .
At its 71st / 72nd Sessions held in Brussels on 21 June 1988 , the
Customs Co-operation Council adopted the amendments to the
Recommendation of 5 June 1962 introducing this new specimen customs
declaration form for registered baggage to replace the form appended
to the Recommendation , and permitting Customs or Economic Unions to
accept the Recommendation . Moreover , the new specimen form which was
adopted corresponds to the draft submitted by the Community .
 ---pagebreak---                                      2
The amendment will make it possible to eliminate the administrative
complications which result , particularly for the railway authorities ,
from the lack of uniform documents in this field , and will also meet
the needs of all the customs administrations having regard to the
present situation regarding the customs authorities'   sphere of   com ¬
petence .
It is important therefore that the Community should accept the amended
text of   the Recommendation of 5 June 1962 .
It will also be expedient for the Recommendation to be accepted
simultaneously by the Community and the Member States .
The Decision concerning acceptance of the amended text of the
Recommendation should be taken as soon as possible in order to
increase the political impact of the adoption of this Recommendation
on behalf of the Community in its capacity as a Customs Union .
Conclusion
The  Commission proposes that the Council accept on behalf of the
Community the Recommendation of 5 June 1962 of the Customs Co ¬
operation Council concerning the Customs treatment of registered
baggage carried by rail , as amended on 21 June 1988 .
                                                                 J
 ---pagebreak---                                  Proposai for a
                               COUNCIL    DECISION
                   accepting on behalf of the Community
                     the   Recommendation     of 5  June  1962
                    of the Customs Co-operation Council
          concerning the Customs treatment of registered baggage
                               carried by rail ,
                         as  amended   on  21  June  1988
The Council of the European Communities ,
Having regard to the Treaty       establishing the European Economic
Community , and in particular Article 113 thereof ,
Having regard to the proposal from the Commission
Whereas on 21 June 1988      in Brussels the Customs        Co-operation
Council adopted amendments to the Recommendation of 5 June 1962 ,
introducing    a new specimen     customs declaration form for registered
baggage and permitting customs or economic unions to accept the
Recommendation ;
Whereas the new specimen customs declaration form for            registered
baggage was approved by the Customs Co-operation Council on a proposal
from the Community ; whereas that specimen form corresponds to the
draft submitted by the Community and is designed to update the content
of the customs declaration for registered baggage and to facilitate
the introduction     of     that document by       countries which hitherto
were unable to use it ;
Whereas the amendment is of fundamental interest to the Community
which should therefore adopt the Recommendation of 5 June 1962 , as
amended ,
HAS DECIDED   AS FOLLOWS :
                                                                            У
 ---pagebreak---                                     -2-
                                Article  1
The Recommendation of 5 June 1962 of the Customs Co-operation Council
concerning the Customs treatment of registered baggage caried by rail ,
amended on 21 June 1988 , is hereby accepted on behalf of the Community
with immediate    effect .
The  text of the Recommendation is attached to this Decision .
                                Article  2
The President of the Council shall designate the person empowered to
notify the Secretary General of the Customs Co-operation Council of
the acceptance by the Community   of the .Recommendation referred to
in Article  1 .
Done at Brussels ,
                                             For the Council
                                             The President
 ---pagebreak---                                                               Annex
                            RECOMMENDATION
                OF THE CUSTOMS CO-OPERATION COUNCIL
                   CONCERNING THE CUSTOMS TREATMENT
               OF REGISTERED BAGGAGE CARRIED BY RAIL
               (5 June 1962 amended on 21 June 1988 )
THE CUSTOMS CO-OPERATION COUNCIL ,
CONSIDERING that the efforts made by the railway authorities
   to ensure efficiency in the international transport of
   registered baggage deserve to be supported ,
DESIRING , to that end , to facilitate the expeditious handling of
   such baggage by simplifying Customs formalities ,
CONSIDERING that , in so far as possible , passengers should not be
   required to report in person to the Customs authorities of the
   countries of departure and destination for the clearance of
   their registered baggage , and should be able to claim their
   baggage immediately on arrival at their destination ,
RECOMMENDS that Members of the Council and Customs or Economic
   Unions , apply the following provisions with regard to
   registered baggage :
   1 . When having their baggage registered by the railway
       authorities , passengers shall have the possibility of
       making a declaration on the appended form in order to
       expedite Customs formalities ;
   2 . The form shall be printed either on the back of the
       consignment note made out by the railway authorities or on
       a separate sheet to be glued to the consignment note ; it
       shall be printed in the language ( or one of the official
       languages ) of the country of departure , but the passenger
       shall be given the opportunity to obtain a translation in
       another language :
   3 . The declaration shall be presented by the railway
       authorities to the Customs authorities of the countries of
       departure and destination where so required ;
   4 . The written declaration shall be regarded as being in
       substitution for , and shall have the same effect as , the
       declaration normally required from passengers ;
                                                               1.
                                                                    4
 ---pagebreak--- Annex
   5 . The Customs authorities shall , so far as they deem it
       possible , waive the examination of the contents of baggage
       covered by a written declaration ;
   6.  Where the Customs authorities waive examination of the
       contents of baggage , it shall be released immediately to
       the railway authorities for forwarding to destination ;
   7 . The Customs authorities remain free to adopt any control
       measures they deem necessary in order to prevent abuses .
NOTWITHSTANDING the provisions of paragraph 1 above , the
   declaration form may be adapted where appropriate by agreement
   between Customs Administrations .
THE COUNCIL invites Members and Customs or Economic Unions which
   accept the present Recommendation to notify the Secretary
   General of the Council and specify the date and the terms of    w
   its implementation .   The Secretary General will communicate
   this information to Members' Customs Administrations , to
   Customs or Economic Unions and to the International Union of
   Railways .
                                  O
                               O
2.
 ---pagebreak---                                                                     Annex
               CUSTOMS DECLARATION FOR REGISTERED BAGGAGE
1.   I HEREBY DECLARE
   ( a ) that the baggage referred to below contains only articles
         of personal use normally used when travelling / such as
         clothing / household linen / toiletries / books and sports
         equipment / and that these articles are not being imported
         for commercial purposes ;
   ( b ) that the baggage does not contain ;
         - foodstuffs / tobacco / alcoholic beverages / anethol / fire ¬
           arms / sidearms / ammunition / explosives / drugs / live
           animals / plants / radio transmitters or transmitter -
           receivers / currency / species and products obtained from
           species protected under the Washington Convention of
           3 March 1973 on international trade in species of fauna
           and flora in danger of extinction ; articles forbidden by
           the laws of the country of destination on the protection
           of public decency and morality ;
         - goods intended for distribution free of charge or
           otherwise or for professional or commercial purposes ;
         - goods bought or received by myself outside the Customs
           territory of my country and not yet declared to the
           Customs authorities of my country of normal residence
           ( this restriction applies only when returning to the
           country of normal residence ).
2 . I HEREBY AUTHORIZE the railway authorities to carry out all
     Customs formalities .
3 . I KNOW that making a false statement renders me liable to
     prosecution and seizure of my goods .
Country of destination .                 Place pf destination .
Number of items |       |         Number of persons accompanying |    |
                                  the passenger
IN BLOCK LETTERS
SURNAME                           OTHER NAMES
Normal résidence      : Street                                  No
                        Town  .                     Country
        Date-stamp of
  departure station
                                Consignment   | Signature of passenger :
                                    Note      j