Council Regulation (EEC) No 2151/84 of 23 July 1984 on the customs territory of the Community

COUNCIL  REGULATION (EEC) No 2151/84
of 23 July 1984
on the customs territory of the Community
THE COUNCIL OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the customs territory of the Community is defined by Council Regulation (EEC) No 1496/68 (4), as last amended by the 1979 Act of Accession; whereas Article 4 of the abovementioned Regulation provides that it shall not affect the customs system applicable to the continental shelf or that applicable to the waters and foreshores situated between the coast or shore and the limit of territorial waters, or the provisions applicable in accordance with Community rules to be adopted with regard to free zones;
Whereas Council Regulation (EEC) No 802/68 of 27 June 1968 on the common definition of the concept of the origin of goods (5) defined in fact the customs system applicable to products taken from the continental shelf; whereas in the current situation there is no reason to integrate the continental shelf adjacent to the territories of the Member States into the customs territory of the Community;
Whereas Council Directive 69/75/EEC of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administrative action relating to free zones (6) established the Community rules applicable in those zones;
Whereas, to ensure uniform application of Community customs rules, it should be specified that the field of application of the customs union covers the territorial seas and the airspace of the Member States;
Whereas it is not necessary to maintain the protective provisions contained in Article 4 of Regulation (EEC) No 1496/68;
Whereas the definition of the common customs territory is designed to establish the geographical space in which all Community customs rules must be applied uniformly, except in the case of specific provisions to the contrary; whereas this should be stated expressly;
Whereas the provisions of this Regulation are without prejudice to either the present arrangements for German internal trade within the meaning of the Protocol on that trade and connected problems or the arrangements applicable to Sant-Pierre-et-Miquelon, a former French overseas territory expressly referred to in Annex IV to the Treaty;
Whereas, in view of the fact that the territorial seas of certain Member States do not currently form part of their national customs territories or are considered as not forming part thereof in respect of certain economic activities carried out there, it should be specified that the customs arrangements in force in the territorial seas of the Member States with regard to drilling or exploitation platforms and to the products intended for supplies for vessels and drilling or exploitation platforms shall apply until the introduction of Community customs provisions in these areas;
Whereas, chiefly for the purposes of applying certain Council Directives on customs matters at national level, certain Member States have referred expressly to their national customs territories; whereas, in order to avoid the introduction, for purely formal reasons, by those Member States of new national legislation in the areas concerned, which would be merely provisional, those Member States should be authorized to maintain such reference until the implementation of Council regulations in this field;
Whereas it should also be stated that the arrangements adopted by the Member States pursuant to Article 2 of Council Directive 68/312/EEC of 30 July 1968 on harmonization of the provisions laid down by law, regulation or administrative action relating to: 1. customs treatment of goods entering the customs territory of the Community, 2. temporary storage of such goods (1) do not apply to vessels passing through the territorial seas of the Member States or to aircraft passing through their airspace, where their destination is not a port or airport situated in those Member States;
Whereas, for the sake of clarity, it is desirable to collect all the provisions henceforth applicable with regard to the definition of the customs territory of the Community in a new Regulation, and therefore to repeal Regulation (EEC) No 1496/68;
Whereas the Treaty does not specifically confer upon the institutions of the Community the authority to adopt binding provisions concerning the customs territory of the Community; whereas, therefore, this Regulation should be based on Article 235 of the Treaty,