CELEX: 51986PC0524
Language: en
Date: 1986-10-22
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE ABOLITION OF EXIT FORMALITIES AT INTERNAL COMMUNITY FRONTIERS - INTRODUCTION OF COMMON BORDER POSTS

8 . 1 1 . 86                                        Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                           N o C 282/13
                     3. Functional toys
                        Functional toys or their packaging shall bear the marking: 'Warning: use under the direct supervision of
                        an adult'.
                        In addition, these toys shall be accompanied by directions giving working instructions as well as the
                        precautions to be taken by the user, with the warning that failure to take these precautions would
                        expose the user to the hazards — to be pointed out — normally associated with the appliance or
                        products of which the toy is a scale model or an imitation. It will also be indicated that the toy must be
                        kept out of the reach of very young children.
                        'Functional toys' means toys which fulfil the same function as, and are often scale models of, certain
                        products, appliances or installations intended for adults.
                     4. Toys containing inherently dangerous substances or preparations; chemical toys
                        (a) Without prejudice to the application of the provisions laid down in Community Directives on the
                             classification, packaging and labelling of dangerous substances or preparations, the instructions for
                             use of toys containing inherently dangerous substances or preparations shall bear a warning of the
                             dangerous nature of these substances or preparations and an indication of the precautions to be
                             taken by the user in order to avoid hazards, in particular the risk of ingestion, associated with them,
                             which shall be specified concisely according to the type of toy. The first aid to be given in the event
                             of serious accidents resulting from the use of this type of toy shall also be mentioned. It shall also be
                             stated that the toys must be kept out of reach of very young children.
                        (b) In addition to the instructions provided for in (a), chemical toys shall bear the following marking on
                             their packaging:
                             'Warning: for children over 10 years of age only. Use under the supervision of an adult'.
                             In particular the following are regarded as chemical toys: chemistry sets, plastic embedding sets,
                             miniature workshop for ceramics, enamelling or photography and similar toys.
                     5. Skateboards for children
                        If these products are offered for sale as toys they shall bear the marking:
                        'Warning: protective equipment should be worn'.
                        Moreover the instructions for use shall contain a reminder that the toy must be used with caution, since
                        it requires great skill, and away from public thoroughfares, so as to avoid falls or collisions causing
                        injury to the user and third parties. Some indication shall also be given as to recommended protective
                        equipment (helmets, gloves, knee-pads, elbow-pads, etc.).
                     Proposal for a Council Regulation o n the abolition of exit formalities at internal C o m m u n i t y
                                                  frontiers — introduction of c o m m o n b o r d e r posts
                                                                      COM(86)       524 final
                                         (Submitted   by the Commission         to the Council on 24 October                 1986)
                                                                          (86/C 282/05)
T H E COUNCIL OF T H E EUROPEAN COMMUNITIES,                                            W h e r e a s those crossing the C o m m u n i t y ' s          internal
                                                                                        frontiers are subject to formalities in respect of b o t h the
H a v i n g r e g a r d to the T r e a t y establishing the E u r o p e a n             g o o d s carried a n d the means of t r a n s p o r t itself; w h e r e a s
E c o n o m i c C o m m u n i t y , a n d in particular Article 235                     these formalities, a c c o m p a n i e d in some cases by controls,
thereof,                                                                                are required b o t h o n leaving the M e m b e r State of exit
                                                                                        and on entering the M e m b e r State o n w h o s e territory
                                                                                        the j o u r n e y is to c o n t i n u e ; whereas these formalities a n d
H a v i n g r e g a r d to the proposal from the Commission,                            controls are generally of the same kind a n d repetitive;
                                                                                        whereas this situation results in loss of time a n d
H a v i n g r e g a r d to the opinion of the E u r o p e a n             Par-          considerable expense arising from                       immobilization;
liament,                                                                                whereas this state of affairs is n o t compatible with the
                                                                                        establishment of an internal m a r k e t ;
H a v i n g r e g a r d to the opinion of the E c o n o m i c              and
Social C o m m i t t e e ,
 ---pagebreak--- No C 282/14                            Official Journal of the European Communities                                   8. 11. 86
Whereas at the European Council meeting in Milan on               to as 'formalities', which are generally required in respect
28 and 29 June 1985 the Commission presented a White              of goods and/or commercial means of transport.
Paper on Completing the Internal Market of the
Community which set 1992 as the deadline for achieving            2.    This Regulation also applies to:
this objective; whereas the European Council endorsed
this aim;                                                         — all checks to be carried out on crossing internal
                                                                      frontiers,
Whereas the said White Paper, echoing an idea set out             — formalities and controls for confirming that the
in the conclusions of the European Council meeting in                 goods in question have left the territory of the
Fontainebleau on 25 and 26 June 1984, provided, inter                 Member State of exit.
alia, that, as an intermediate step, additional
simplification measures should be introduced at the
Community's internal frontiers through the introduction                                      Article 2
of common border posts; whereas such a measure means              For the purposes of this Regulation,
an end to the duplication of controls on both sides of the
said frontiers;                                                   — internal frontier      means    a frontier   between   two
                                                                      Member States;
Whereas a number of adjacent national control offices             — office of exit means the customs office by which the
already in some cases handle administrative services for              goods and/or commercial means of transport leave
adjoining Member States, based on bilateral agreements;               the territory of the Member State through which they
whereas such offices do not exist at all border crossing              have just travelled, referred to as the Member State of
points and do not in any case affect the level of                     exit;
formalities and controls carried out there; whereas it is
therefore important to extend the simplification process,         — office of entry means the customs office by which the
by limiting as a general rule the number of checks at the             goods and/or commercial means of transport enter
Community's internal frontiers and retaining only one                 the territory of the Member State in which their
administrative control for this purpose; whereas it seems             journey is to continue, referred to as the Member
that a single check at the office of entry into the                   State of entry.
Member State concerned is the most appropriate
solution; whereas this approach has already been
                                                                                             Article 3
adopted under the Community transit and TIR transit
systems;                                                          Where goods and/or commercial means of transport
                                                                  cross an internal frontier, a single check shall be made
Whereas, in the interests of standardization, it is               for the purpose of formalities and controls.
therefore    necessary to introduce provisions            at
Community level enabling officials of the Member State            This check shall be made at the office of entry, where
of entry to act in the place of their opposite numbers in         the formalities shall be completed and any controls
the Member State of exit and to confer on their acts the          carried out both on that office's own account and on
necessary legal effect and guarantees; whereas the                behalf of the office of exit, in the conditions laid down
conditions of their intervention must also be specified;          in Articles 4 to 9.
Whereas      it  is important       to   ensure     uniform                                  Article 4
implementation of the provisions of the Regulation;               1.    The officials of the office of entry required to act
whereas it is necessary for close and effective                   in respect of the crossing of an internal frontier shall be
cooperation between the Member States and the                     authorized:
Commission to be organized for this purpose within a
Committee;                                                        — to supervize the completion, on behalf of the
                                                                      Member State of exit and with the same rights as
Whereas the simplifications introduced by this Regu-                  those granted by the latter's legislation to its own
lation are necessary in order to attain one of the                    officials, of that country's exit formalities;
objectives of the Community; whereas the Treaty has not
                                                                  — to carry out the controls relating to those formalities
provided the necessary powers specific for this purpose
                                                                      in place of the officials of the Member State of exit;
and this Regulation should therefore be based on Article
235 thereof,                                                      — to certify that the goods in question have left the
                                                                      territory of the Member State of exit, and
HAS ADOPTED THIS REGULATION:                                      — to record any infringement observed in the course of
                                                                      these checks.
                          Article 1
                                                                  2.    In the cases referred to in paragraph 1, the
 1.   This Regulation applies to formalities on crossing          formalities and controls shall be deemed to have been
the Community's internal frontiers, hereinafter referred          carried out in the Member State of exit.
 ---pagebreak--- 8.11.86                                  Official Journal of the European Communities                             No C 282/15
                            Article 5                               — the requisite information concerning the authorities
                                                                        to be contacted pursuant to paragraph 1 or those to
The officials of the office of entry shall carry out their              whom the documents referred to in Article 6(1) are
duties as described in Articles 3 and 4 in accordance with              to be sent.
the rules applicable in their own Member State.
In particular, they shall, in the performance of the tasks                                     Article 9
entrusted to them on behalf of the Member State of exit             Each Member State shall inform the Member States with
under this Regulation, enjoy the same rights and                    which it shares a common frontier of the rules applicable
protection, and be subject to be same obligations, as if            on leaving its territory.
they were acting on behalf of their own Member State.
                                                                    The said Member States shall be given prior notification
                            Article 6                               of any amendment to those rules.
1.    The competent authorities of the Member State of
entry shall send the Member State of exit any findings,                                       Article 10
documents, reports, records of proceedings or infor-                The provisions of this Regulation shall not form an
mation on the formalities and checks in question which              obstacle to any agreements concluded or to be concluded
may be of interest to that Member State.                            between two or more Member States with a view to
They shall also regularly send the competent authorities            introducing, within the context of achieving an internal
of the Member State of exit any documents processed on              market in the Community, a greater degree of
behalf of and intended for that Member State.                       simplification than is provided for by this Regulation.
2.    The findings and acts of certification of officials of                                  Article 11
the office of entry shall have the same conclusive force in
the Member State of exit as the findings and acts of                1.    The Committee on the Movement of Goods which
certification of the officials of that Member State.                was set up by Article 15 of Regulation (EEC) No
                                                                    678/85 ('), hereinafter referred to as 'the Committee'
3.    Any findings of the officials of the office of entry          may examine any question concerning the application of
which have an effect on the application of the rules of             this Regulation that is raised by its chairman, either on
the Member State of exit shall be used by the competent             his initiative or at the request of a Member State's
authorities of that Member State in accordance with the             representative.
provisions applicable to them.
                                                                    2.    The provisions necessary for the application of this
                                                                    Regulation shall be adopted by the Commission after
                           Article 7                                consulting the Committee. The Committee shall
Where it becomes evident, in the course of checks                   deliberate on requests for its opinion formulated by the
carried out by the officials of the office of entry, that the       Commission. The Commission, in seeking the opinion of
goods concerned have left the Member State of exit                  the Committee, may fix a time limit within which that
without the requisite dispatch or export formalities,               opinion must be given. The deliberations of the
including health or plant-health formalities, having been           Committee shall not be followed by a vote. However,
carried out, the authorities of the office of entry shall           each member of the Committee may require that his
send the said goods back to the Member State of exit                opinion be entered in the minutes.
unless the authorities of the Member State of entry
decide otherwise, where the finding also affects the                                          Article 12
legislation of that Member State or is the subject of a
specific Community provision.                                       Each Member State shall inform the Commission of the
                                                                    measures it takes within the context of this Regulation.
                            Article 8                               The Commission shall communicate this information to
1.     Where difficulties arise concerning the interpret-           the other Member States.
ation or application of the legislation of the Member
State of exit the authorities of the office of entry shall                                    Article 13
contact their counterparts in the Member State of exit
directly.                                                           This Regulation shall enter into force on 1 January 1988.
                                                                    This Regulation shall be binding in its entirety and
2.     Each Member State shall provide the other Member
States with which it shares a common internal frontier              directly applicable in all Member States.
with:
— a list of the customs offices at the border crossing
    points on the said internal frontier;                           0) OJ No L 79, 21. 3. 1985, p. 1.