31969R0542
Official Journal of the European Communities 125
29.3.69 Official Journal of the European Communities No L 77/ 1
REGULATION (EEC) No 542/69 OF THE COUNCIL
of 18 March 1969
on Community transit
THE COUNCIL OF THE EUROPEAN COMMUNITIES , between two points in the Community, will facilitate transport within the Community and in particular Having regard to the Treaty establishing the simplify the formalities to be carried out when European Economic Community, and in particular internal frontiers are crossed ; Article 235 thereof; Whereas under a Community transit procedure goods Having regard to the proposal from the Commission ; brought into the customs territory of the Community can be carried from the place of entry to their destination or, in the case of passage through the Having regard to the Opinion of the European Community, to the customs office at the point of exit, Parliament1 ; without renewed customs formalities when the goods cross from one Member State to another; Having regard to the Opinion of the Economic and Social Committee2 ; Whereas the advantages to be expected from the said procedure will make goods flow more freely and give Whereas the Community is based on a customs users an incentive to clear goods for home use near union ; the place where they will be used rather than at the external frontier; whereas this will make possible a Whereas the establishment of the customs union is more rational use of available facilities at entry governed in the main by Chapter 1 of Title I of Part points ; whereas the Community transit procedure Two of the Treaty ; whereas that Chapter contains a should for those reasons prevent diversion of customs series of specific provisions dealing in particular with receipts ; the elimination of customs duties between Member States, the establishment and progressive introduction Whereas, in the interchange of goods between of a Common Customs Tariff and the autonomous Member States, the abolition of customs duties, alteration or suspension of the duties therein; quantitative restrictions and taxes and measures whereas while Article 27 provides that Member having equivalent effect does not ensure that States shall, before the end of the first stage in so far Community goods move within the Community as may be necessary, take steps to approximate their under conditions corresponding to those within a provisions laid down by law, regulation or Member State ; administrative action in respect of customs matters, that Article does net empower the institutions of the Whereas the Community transit procedure for Community to issue binding provisions in that field; Community goods offers, during an initial period, at whereas , however, a thorough examination least the same advantages as those for other goods; undertaken jointly with Member States has shown whereas, moreover, the procedure can later be the need to institute, by means of a Regulation, a simplified, and thus, as the various national systems Community transit procedure in order to avoid a are approximated, will result in complete freedom of succession of national customs procedures in movement for goods within the Community; connection with the carriage of goods ;
Whereas the introduction of a Community transit Whereas, in the interest of users and with a view to procedure, under which goods will be able to move rendering as easy as possible the task of national government authorities responsible for supervising the movement of goods, the simultaneous application 1 OJ No C 66, 2.7.1968 , p. 35 . of several administrative procedures should be 2 OJ No C 132, 6.12.1968, p . 5 . avoided ; whereas the Community transit procedure
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should always be used when supervision is necessary 2 . The procedure for external Community transit in respect of the use or destination of goods ; shall apply to movement of the following goods :
Whereas the Community transit procedure should, in (a) Goods which do not satisfy the conditions laid principle, be applied to all movement of goods within down in Articles 9 and 10 of the Treaty the Community; establishing the European Economic Community;
(b) Goods coming under the Treaty establishing the Whereas, in order to simplify administrative European Coal and Steel Community which formalities, the Community transit procedure should under the terms of that Treaty are not in free provide a basis for compiling statistics on the circulation in the Community. movement of goods ; whereas, in order to ensure that such statistics are complete and reliable, administrative co-operation between the Member 3 . The procedure for internal Community transit States should be assured and Community transit shall apply to movement of the following goods, if documents should contain the necessary information ; they are subject to customs, tax, economic or statistical measures or any other measures relating to Whereas uniform application of the provisions of this trade : Regulation should be ensured, and to that end a Community procedure should be instituted making it (a) Goods which satisfy the conditions laid down in possible to issue the necessary rules of Articles 9 and 10 of the Treaty establishing the implementation within a suitable period; whereas a European Economic Community (hereinafter Committee should be set up to organise close and called 'Community goods'); effective co-operation between the Member States and the Commission in this field ; (b) Goods coming under the Treaty establishing the European Coal and Steel Community which under the terms of that Treaty are in free Whereas the Treaty does not provide the necessary circulation within the Community. powers to institute a Community transit procedure with direct effect in the Member States; whereas this Regulation must, therefore, be based on Article 235 4. For purposes of application of the provisions of thereof; the Treaty establishing the European Economic Community which relate to the free movement of Whereas this Regulation does not affect the goods, and subject to the provisions of Articles 2 (2), provisions of the Treaty establishing the European 7 (3 ), 8 (b), 47, 48 (2) and 49 (2) of this Regulation, Coal and Steel Community, in particular as regards goods properly imported into the territory of a the rights and obligations of Member States, the Member State across an internal frontier shall be powers of the institutions of that Community and the deemed to be Community goods unless an external rules laid down by that Treaty for the functioning of Community transit document is produced in respect the common market in coal and steel ; whereas, of them . taking into account the Treaty establishing the European Economic Community, and in particular Article 232 thereof, this Regulation applies to the Article 2 goods appearing in the list in Annex I to the Treaty establishing the European Coal and Steel Community ; 1 . In derogation from Article 1, the Community transit procedure shall not apply to movements of goods under a temporary importation or temporary HAS ADOPTED THIS REGULATION : admission procedure.
TITLE I 2. The provisions of the Treaty establishing the General provisions European Economic Community which relate to the free movement of goods shall only apply to move Article 1 ments of goods under an international procedure of temporary importation or temporary admission if an 1 . The Community transit procedure instituted by internal Community transit document is produced this Regulation shall apply to movement of the goods proving the Community nature of these goods . referred to in paragraphs 2 and 3 between two points However, under conditions to be determined under situated in the Community. It includes a procedure the procedure prescribed in Article 58, such goods for external Community transit and a procedure for may be regarded as Community goods without the internal Community transit. production of any such document.
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Article 3 goods by road (TIR Convention), international transit by rail ( TIF Convention) or the Rhine 1 . In derogation from Article 1, each Member Manifest (Article 9 of the Revised Convention for the State may provide for the application of a national Navigation of the Rhine) on condition that that procedure instead of the external or internal carriage of goods began or is to end outside the Community transit procedure in respect of goods Community. referred to in Article 1 (2) and (3 ) during carriage For the purposes of the first subparagraph, carriage within its territory, or from one of its ports to of goods by rail within the territory of a Member another if carriage is effected by sea. State, when the customs authorities apply a separate control procedure, shall be considered to be under the 2 . A Member State exercising this option shall see procedure of international transit by rail on condition to it that implementation of the Community that carriage is effected under cover of a single measures applicable to the goods is ensured. transport document.
3 . For purposes of paragraph 1, the territory of the 2. Until the date on which the flat-rate guarantee Benelux Economic Union shall be considered to be system provided for in Article 32 has been introduced the territory of one Member State. in all Member States and at least until the end of a period of four years commencing on 1 January 1970, carriage of goods may be effected under the Article 4 procedure of international carriage of goods by road, even if that carriage of goods began and is to end 1 . If the subsequent carriage of goods dealt with within the Community. under a national procedure in accordance with Article 2 ( 1 ) or Article 3 entails the crossing of an In Rhine traffic, carriage of goods may be effected internal frontier, such goods are to be placed under provisionally under the procedure of the Rhine the Community transit procedure before crossing that Manifest, even if that carriage of goods began and is frontier. to end within the Community.
2 . However, under conditions to be determined 3 . The provisions of the Treaty establishing the under the procedure prescribed by Article 58, the European Economic Community which relate to free provisions of paragraph 1 shall not apply to goods movement of goods shall apply to the movement of dealt with under a procedure of temporary goods under one of the procedures referred to in importation or temporary admission. paragraphs 1 and 2 including that of the Rhine Manifest, on condition that they are accompanied not only by the document required under the procedure Article 5 used, but also by an internal Community transit document issued to prove the Community nature of This Regulation shall be without prejudice to the goods . agreements made between Member States concerning frontier traffic. The internal Community transit document shall bear at the top the reference 'TIR' of 'TIF' or 'Rhine Manifest', followed by the date of issue and the Article 6 number of the document required under the procedure used. Member States may, under the Community transit procedure, introduce simplified procedures for certain Article S types of traffic by means of bilateral agreements between each other on condition that implementation of the Community measures applicable to the goods In the absence of an agreement between the is ensured . Community and a third country whereby goods moving between two points in the Community may Such agreements shall be communicated to the be carried across that country under the Community Commission and to the other Member States . transit procedure :
( a) The Community transit procedure shall only Article 7 apply if the carriage of goods across that third country is effected under cover of a single 1 . In derogation from Article 1 , the Community transport document drawn up in a Member transit procedure siall not apply to carriage of goods State, operation of that procedure being under the procedures of international carriage of suspended in the territory of the third country ;
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(b) Article 7 ( 1 ) and (3 ) shall apply to goods carried — also, when ine consignment is leaving the through the territory of the third country, even if customs territory of the Community in the carriage of the goods began and is to end within course of a Community transit operation, the the Community. customs office at the point of exit from the Community ;
Article 9 ( e) ' office of destination ' means the customs office where the goods must be produced to conclude Where, in the cases provided for in this Regulation, the Community transit operation ; the provisions of the Treaty establishing the European Economic Community which relate to free (f) 'office of guarantee' means the customs office movement of goods are only applied on presentation where a comprehensive guarantee is lodged; of an internal Community transit document issued to prove the Community nature of the goods, the party (g) 'internal frontier' means a frontier common to concerned may, for any valid reason, obtain that two Member States . document subsequently from the competent authorities of the Member State of departure.
TITLE II Article 10 Procedure for external Community transit
Prohibitions and restrictions on importation, Article 12 exportation and transit issued by the Member States shall apply where they are compatible with the three Treaties establishing the European Communities . 1 . Any goods that are to be carried under the procedure for external Community transit shall be covered, in accordance with the conditions laid down Article 1 1 in this Regulation, by a T1 declaration. A T1 declaration is a declaration on form T1 (see specimen in Annex A), accompanied, where appropriate, by For the purposes "of this Regulation : one or more forms T1 bis (see specimen at Annex B).
(a) 'principal' means the person who, in person or through an authorised representative, requests 2 . The forms T1 and T1 bis shall be printed and permission, in a declaration in accordance with completed in one of the official languages of the the required customs formalities, to carry out a Community specified by the competent authorities of Community transit operation and thereby makes the Member State of departure. Where necessary, the himself responsible to the competent authorities competent authorities of a Member State concerned for the execution of the operation in accordance in the Community transit operation may require a with the rules ; translation into the official language or one of the official languages of that Member State. ( b) 'means of transport' means, in particular :
— any road vehicle, trailer, semi-trailer, 3 . . The T1 declaration shall be signed by the — any railway car or wagon, person who requests permission to effect an external Community transit operation or by his authorised — any boat or ship, representative ; and vat least three copies of it shall be — any aircraft, produced at the office of departure. — any container within the meaning of the Customs Convention on Containers of 18 4. The supplementary documents appended to the May 1956 ; T1 declaration shall form an integral part thereof.
(c) 'office of departure' means the customs office where the Community transit operation begins ; 5 . The T1 declaration shall be accompanied by the transport document. The office of departure may decide not to require production of this document (d) 'office of transit' means : during the customs formalities. However, the — the customs office at the point of entry into a transport document must be produced whenever Member State other than the Member State required by the customs authorities in the course of of departure; carriage.
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6. Where the Community transit procedure in the departure and for unloading at more than one office Member State of departure follows another customs of destination . procedure, reference shall be made on the T1 declaration to that procedure or to the corresponding 2 . Each T1 declaration shall include only the customs documents . goods loaded or to be loaded on a single means of transport for carriage from one office of departure to one office of destination . Article 13
For purposes of the preceding subparagraph the The prinicpal shall bs responsible for : following shall be regarded as constituting a single ( a) the representation of the goods intact at the office means of transport, on condition that the goods of destination within the prescribed time limit carried are to be dispatched together : and with due observance of the measures (a) a road vehicle accompanied by its trailer(s) or adopted by the competent authorities to ensure semi-trailer (s); identification ; ( b ) a line of coupled railway carriages or wagons ; ( b ) the observance of the provisions relating to the Community transit procedure and to transit in ( c) boats constituting a single chain ; each of the Member States in the territory of which carriage oi the goods is effected. ( d ) containers loaded on a means of transport within the meaning of this Article .
Article 14 Article 17 1 . Each Member State may prescribe the use, under conditions to be determined by it, of the T1 1 . The office of departure shall register the Tl document for national procedures . declaration , prescribe the period within which the goods must be produced at the office of destination, and take such measures for identification as it 2 . The supplementary details included on the T1 considers necessary. document to that end by a person other than the principal shall be the responsibility of the former, in accordance with the national provisions laid down by 2. Having entered the necessary particulars on the law, regulation or administrative action. Tl declaration, the office of departure shall retain one copy and return the others to the principal or his representative. Article IS
Article 18 1 . Where the goods, before they can be dealt with under the external Community transit procedure, are required to form the subject of an export or 1 . As a general rule, identification of the goods re-export declaration, that declaration and the shall be ensured by sealing. Community transit declaration shall be combined on a form Tl , accompanied, where appropriate, by one 2 . The following shall be sealed : or more forms Tl bis . ( a ) the space containing the goods , when the means However, national export or re-export forms may be of transport has already been approved under used concurrently with form Tl and Tl bis up to other customs regulations or recognised by the and including 31 December 1970 . office of departure as suitable for sealing ;
2 . Each Member State shall determine, for the (b ) each individual package, in other cases . application of its national rules, which details, other than those prescribed on form Tl, should be 3 . Means of transport may be recognised as included in the export or re-export declaration in the suitable for sealing on condition that : spaces provided for that purpose, as well as the number of copies to be produced. ( a) seals can be simply and effectively affixed to them ; Article 16 (b ) they are so constructed that no goods can be removed or introduced without leaving visible 1 . The same means of transport may be used for traces of tampering or without breaking the the loading of goods at more than one office of seals ;
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(c) they contain no concealed spaces where goods 3 . If, in accordance with the provisions of Article may be hidden ; 19 (2 ), goods are carded via an office of transit other than that mentioned in the T1 document, that office ( d) the spaces reserved for the load are readily shall without delay send the transit advice note to the accessible for customs inspection. office mentioned in that document.
4 . . The office of departure may dispense with sealing if, having regard to other possible measures Article 23 for identification, the description of the goods in the T1 declaration or in the supplementary documents Where goods are loaded or unloaded at any makes them readily identifiable. intermediate office, copies of the T1 document issued by the office(s ) of departure must be produced.
Article 19 Article 24 1 . The copies of the Ti document delivered to the principal or to his representative by the office of 1 . The goods described on a T1 document may, departure must accompany the goods . without renewal of the declaration, be transferred to another means of transport under the supervision of 2 . Goods shall be carried via the offices of transit the 'customs authorities of the Member State in whose mentioned in the Tl document. If circumstances territory the transfer is made. In such a case, the justify it, other offices of transit may be used. customs authorities shall record the relevant details i on the T1 document . 3 . For supervision purposes , each Member State may prescribe transit routes within its territory. 2 . The customs authorities may, subject to such conditions as they shall determine, authorise such 4 . Each Member State shall provide the transfer without supervision . In such a case, the Commission with a list of the customs offices carrier shall record the relevant details on the Tl document and inform the next customs office at authorised to deal with Community transit operations , stating at what hours they are open . which the goods must be produced,, so that the transfer is officially certified by the customs The Commission shall communicate this information authorities . to the other Member States .
Article 25 Article 20 1 . If the seals are broken in the course of carriage Copies of the T1 document shall be produced in each without the carrier so intending, he shall, as soon as Member State as required by the customs authorities, possible, request that a certified report be drawn up who may satisfy themselves that the seals are in the Member State in which the means of transport unbroken . The goods shall not be inspected unless is located, by the customs authority if there is one in some irregularity is suspected which could result in the neighbourhood or, if not, by any other competent abuse . authority. The authority concerned shall, if possible, affix new seals .
Article 21 2 . In the event of an accident necessitating transfer to another means of transport the provisions of The consignment as well as the copies of the Tl Article 24 shall apply. document shall be produced at each office of transit. If there is no customs authority in the neighbourhood, any other approved authority may Article 22 act in its place under the conditions laid down in Article 24 ( 1 ). 1 . The carrier shall give each office of transit a transit advice note conforming to the model shown in 3 . In the event of imminent danger necessitating Annex E. immediate unloading of the whole or part of the load, the carrier may take action on his own 2. The offices of transit shall not inspect the goods initiative . He shall record such action on the Tl unless some irregularity is suspected which could document. The provisions of paragraph 1 shall apply result in abuse . in such a case.
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4 . If as a result of accidents or other incidents on a proposal from the Commission , as a result of an arising in the course of carriage, the carrier is not in a examination of the conditions under which the position to observe the time limit referred to in Member States have been able to exercise their right Article 17, he shall inform the competent authority of recovery in accordance with Article 36. The referred to in paragraph 1 as soon as possible. That Commission shall submit a report on this subject by authority shall then record the relevant details on the 31 March 1971 at the latest. Tl document .
Article 29 Article 26 1 . Subject to the provisions of Article 32 (2) (a), 1 . The office of destination shall record on the the guarantee referred tc in Article 27 (3 ) shall be in copies of the T1 document the details of controls and the form of one of the specimen guarantees shown as shall without delay send a copy to the office of Model I or Model II in Annex F to this Regulation, departure and retain the other copy. as appropriate.
2 . The Commun ty transit operation may be 2. Where the provisions laid down by law, concluded at an office other than that mentioned in regulation or administrative action, or common the T1 document. That other office shall then practice so require, each Member State may allow the become the office of destination . guarantee to be in a different form, on condition that it has the same legal effects as the documents shown as specimens . Article 27
1 . In order to ensure collection of the duties and Article 30 other taxes which one of the Member States is authorised to charge in respect of goods passing 1 . A comprehensive guarantee shall be lodged in through its territory in the course of Community an office of guarantee. transit, the principal shall furnish a guarantee, except as otherwise provided in this Regulation . 2 . The office of guarantee shall determine the amount of the guarantee, accept the guarantor's undertaking and issue a provisional authorisation 2 . The guarantee may be comprehensive, covering allowing the principal to carry out, within the limits a number of Community transit operations, or of the guarantee, any Community transit operation individual , covering a single Community transit irrespective of the office of departure. operation .
3 . Subject to the provisions of Article 33 (2), the 3 . Each person who has obtained provisional authorisation shall be issued with one or more copies guarantee shall consist of the joint and several of a guarantee certificate in the form shown in Annex guarantee of a natural or legal third person established in the Member State in which the G, subject to the conditions laid down by the competent authorities of the Member States . guarantee is provided who is approved as guarantor by that Member Stare . 4 . Reference to this certificate shall be made in each T1 declaration . Article 28
1 . The person standing as guarantor under the Article 31 conditions referred to in Article 27 shall be responsible for designating, in each of the Member 1 . The office of guarantee may revoke the States through which the goods will be carried in the provisional authorisation if the conditions under course of Community transit, a natural or legal third which it was issued no longer exist. person who also will stand as guarantor for the principal . 2 . Each Member State shall notify the Member States concerned of any revocation of provisional Such guarantor must be established in the Member authorisations . State in question ar.d must undertake, jointly and severally with the principal, to pay the duties and other taxes chargeable in that State . Article 32
2. The application of paragraph 1 shall be subject 1 . Each Member State may accept that the natural to a qualified majority decision of the Council acting or legal third person standing as guarantor under the
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conditions laid down in Articles 27 and 28 were carried in the course of a Community transit guarantees, by a single guarantee and for a flat-rate operation when the T1 document has been amount of five thousand units of account in respect discharged at the office of departure. of each declaration, payment of duties and other charges which may become chargeable in the course of a Community transit operation carried out under Article 36 his responsibility, whoever the principal may be. If carriage of the goods presents increased risks , having 1 . When it is found that, in the course of a regard in particular to the amount of duties and Community transit operation, an offence or other charges to which they are liable in one or more irregularity has been committed in a particular Member States , the flat-rate amount shall be fixed at Member State, the recovery of duties or other charges a higher level. which may be chargeable shall be effected by that Member State in accordance with its provisions laid 2 . The following shall be determined under the down by law, regulation or administrative action, procedure laid down in Article 58 : without prejudice to the institution of criminal proceedings . (a) the model form for the guarantee referred to in paragraph 1 ; 2 . If the place of the offence or irregularity cannot (b) the carriage of goods likely to give rise to an be determined, it shall be deemed to have been increase in the flat-rate amount, and the committed : conditions under which such an increase shall apply ; ( a) where, in the course of a Community transit (c) the conditions under which it will be established operation, the offence or irregularity is detected at an office of transit situated at an internal that the guarantee referred to in paragraph 1 frontier : in the Member State which the means of shall apply to any particular Community transit operation . transport or the goods have just left ;
(b ) where, in the course of a Community transit Article 33 operation , the offence or irregularity is detected at an office of transit within the meaning of the 1 . An individual guarantee furnished for a single second indent of Article 11 (d): in the Member Community transit operation shall be lodged at the State to which that office belongs ; office of departure. ( c) where, in the course of a Community transit operation, the offence or irregularity is detected 2 . It may be a cash deposit. In such a case, the in the territory of a Member State elsewhere than amount shall be fixed by the competent authorities of at an office of transit : in the Member State in the Member States, and the guarantee must be which it is detected ; renewed at each office of transit within the meaning of the first indent of Article 11 (d ). (d ) where the consignment has not been produced at the office of destination : in the last Member State which the means of transport or the goods are Article 34 shown by the transit advice notes to have entered ; Without prejudice to national provisions prescribing other cases of exemption, the principal shall be (e) where the offence or irregularity is detected after exempted by the competent authorities of the the Community transit operation has been Member States from payment of duties and other concluded : in the Member State in which it is charges in the case of: detected .
( a) goods which have been destroyed as a result of force majeure or unavoidable accident duly Article 37 proven ; or (b) officially recognised shortages arising from the 1 . The T1 documents issued in accordance with nature of the goods. the rules , and the identification measures taken by the customs authorities of one Member State, shall Article 35 have the same legal effects in other Member States as the T1 documents issued in accordance with the rules The guarantor shall be released from his obligations and the identification measures taken by the customs towards the Member States through which goods authorities of each of those Member States .
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2 . The findings of the competent authorities of a regulation or administrative action in the Member Member State made when inspections are carried out State of departure. under the Community transit procedure shall have the same probative force in other Member States as The customs office of export shall stamp the T2 findings of the competent authorities of each of those document and return it to the exporter or his Member States . representative, with the unused copies if he so requests . The stamped copy should be sent to the office of entry in the neighbouring Member State . An Article 38 internal Community transit operation may begin at that office of entry, which shall then become the Where necessary, the customs authorities of the office of departure. Member States shall communicate to one another all findings documents, reports, records of proceedings 2 . Up to and including 31 December 1970 the and information relating to transport operations forms T2 and T2 bis need not be used in the Member carried out under the Community transit procedure State of departure if it is intended to clear the goods and to irregularities and offences in connection with for home use at the office of entry of the that procedure. neighbouring Member State. In such a case, a copy of the national export document stamped by the customs office of export shall be substituted for the TITLE III stamped copy prescribed in the third subparagraph of paragraph 1 .
Procedure for internal Community transit TITLE IV Article 39 Special provisions applying to certain modes of transport 1 . Goods that are to be carried under the procedure for internal Community transit shall be Article 42 covered by a T2 declaration. A T2 declaration is a declaration on form T2 (see specimen in Annex C) 1 . The railway authorities of Member States shall completed, where appropriate, by one or more forms be exempt from the requirement to furnish a T2 bis (see specimen in Annex D ). guarantee . 2 . Save as otherwise provided in Articles 40 and 2. The provisions of Article 19 (2) and (3 ) and of 41 , the provisions of Title II shall apply mutatis Articles 21 and 22 shall not apply to the carriage of mutandis to the procedure for internal Community goods by rail . transit. 3 . For purposes of application of Article 36 (2) (d), Article 40 the records kept by the railway authorities shall be substituted for transit advice notes .
No guarantee need be given for the part of a transit operation between the office of departure and the Article 43 first office of transit unless the law of the Member State in the territory of which the office of departure 1 . No guarantee need be furnished for the carriage is situated so requires . of goods on the Rhine and the Rhine waterways.
2. Each Member State may dispense with the Article 41 furnishing of a guarantee in respect of the carriage of goods on other waterways situated in its territory. It 1 . Goods in respect of which export formalities are shall forward details of the measures taken to that carried out at a frontier customs office of the effect to the Commission , which shall inform the exporting Member State need not be dealt with under other Member States . the Community transit procedure at that office unless they are subject to Community measures entailing control of their use or destination . Article 44
In such a case, the only facts which need be given in 1 . The procedure for external Community transit the T2 declaration are those required for export shall not be obligatory for the carriage of goods by sea . purposes by the provisions laid down by law.
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The procedure for internal Community transit shall 2. The provisions of the Treaty establishing the not be compulsory for such carriage unless the goods European Economic Community which concern the are subject to Community measures entailing control free movement of goods shall only apply to goods of their use or destination . contained in consignments sent from a post office situated within the Community when no yellow label 2 . In cases where Community transit procedure is of the type shown in Annex H is affixed to the used for the carriage of goods wholly or partly by packages or the accompanying documents. The sea, no guarantee need be furnished to cover the sea competent authorities of the Member State of voyage . dispatch shall be responsible for affixing such a label or causing it to be affixed to packages or to the accompanying documents unless the goods satisfy the Article 45 conditions laid down in Articles 9 and 10 of that Treaty. 1 . The procedure for external Community transit shall not be compulsory for the carriage of goods by air. TITLE VI
The procedure for internal Community transit shall Special provisions applying to goods carried by not be compulsory for such carriage unless the goods travellers or contained in their luggage are subject to Community measures entailing control of their use or destination . Article 49 2. In cases where Community transit procedure is used for carriage wholly or partly by air, no 1 . The Community transit procedure shall not be guarantee need be furnished to cover the air portion compulsory for the carriage of goods accompanying of the journey of goods carried by airlines appearing travellers or contained in their luggage, if the goods concerned are not intended for commercial use. on a list to be established under the procedure prescribed in Article 58 . 2 . The provisions of the Treaty establishing the European Economic Community which concern the Article 46 free movement of goods shall apply to goods which, pursuant to paragraph 1 , are not carried under the 1 . The Community transit procedure shall not be Community transit procedure : compulsory for the carriage of goods by pipeline. ( a ) if they are declared as Community goods and there is no doubt as to the accuracy of that 2 . In cases where Community transit procedure is declaration, and used for the carriage of goods by pipeline no guarantee need be furnished . if their total value does not exceed three hundred units of account per traveller ;
Article 47 (b ) in other cases, if an internal Community transit document is produced proving the Community The provisions of the Treaty establishing the nature of the goods . European Economic Community concerning the free movement of goods shall not apply to goods which, pursuant to the second subparagraph of Article 44 TITLE VII ( 1 ), the second subparagraph of Article 45 ( 1 ) or Article 46 ( 1 ), do not circulate under the procedure Provisions relating to statistics for internal Community transit, unless an internal Community transit document is produced proving Article 50 the Community nature of such goods .
Where the Community transit procedure is applied, TITLE V transit and export statistics shall be based on it.
Special provisions applying to postal consignments Article 51 Article 48 1 . The Tl and T2 documents shall constitute the 1 . In derogation from the provisions of Article 1, source of statistical information in respect of the the Community transit procedure shall not apply to movement of goods carried under the Community postal consignments (including postal packages). transit procedure.
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2 . Where the systems referred to in Article 7 ( 1 ) 3 . The office of destination shall immediately send and (2) are applied, the documents prescribed for to the service responsible for external trade statistics those systems shall constitute the source of in the Member State of destination the copy intended information for trarsit statistics . for that service.
In the case referred to in the second subparagraph of TITLE VIII Article 7 ( 1 ), each Member State shall be responsible for taking the necessary measures to secure statistical information . Provisions relating to the Committee on Community Transit 3 . If a single movement of goods gives rise successively to the establishment of a national transit 1 . A Committee on Community Transit document and to e. Tl or T2 document, only the (hereinafter called the ' Committee') is hereby set up, latter documents shall constitute the source of consisting of representatives of the Member States statistical information . with a representative of the Commission as Chairman . Article 52 2 . The Committee shall adopt its own rules of The office of departuie shall , without delay, send a procedure . copy of that copy of the Tl or T2 documents returned to it by the office of destination to the service of the Member State of departure responsible Article 57 for external trade statistics, after discharge of document Tl or T2 . The Committee may examine any question relating to the application of this Regulation submitted to it by its Chairman either on his own initiative or at the Article 53 request of the representative of a Member State. The competent customs office shall send without delay to the service in the exporting or re-exporting Article 58 Member State responsible for external trade statistics, the copy of the export or re-export document intended for that service . 1 . The procedure laid down in paragraphs 2 and 3 shall be followed for the adoption of the provisions necessary : Article 54 ( a) for the application of Articles 2, 4, 7, 8 , 9, 32, 34, The principal or his authorised representative shall, 35 , 41 , 45 , 55 and 60 ; at the request of the national services responsible for ( b ) for the institution of the Community transit external trade statstics, provide any information procedure so that certain Community measures relating to the Tl cr T2 document necessary for the entailing control of the use or destination of the compilation of such statistics . goods may be applied ; (c) for the simplification of formalities under the Article 55 Community transit procedure, in particular in internal Community transit, or for their 1 . Up to and ircluding 31 December 1970 an adaptation to requirements arising from the additional copy of the T 1 and T2 document shall be particular nature of certain goods ; sent : ( d ) for the extension of the periods at the end of ( a) to each office of transit with the exception of the which Article 7 (2 ), Article 15 ( 1 ), Article 41 (2) first and that referred to in the second indent of and Article 55 shall no longer apply, which Article 11 ( d ); end periods must not be extended to more than ( b \ to the office of destination . double those prescribed by those Articles .
2 . The office of transit shall , in accordance with 2. The representative of the Commission shall the provisions to be adopted under the procedure laid submit to the Committee a draft of the provisions to down in Article 58 , immediately send that copy to be adopted. The Committee shall deliver an opinion the service responsible for external trade statistics in on the draft within a time limit set by the Chairman the Member State which the means of transport has having regard to the urgency of the matter. Decisions just left. shall be taken by a majority of twelve votes, the votes
136 Official Journal of the European Communities
of the Member States being weighted as provided in 2. The specimens shown in the Annexes may be Article 148 (2) of the Treaty. The Chairman shall not adapted, in accordance with the procedure laid down vote . in Article 58 , to requirements arising from the particular nature of certain goods or to technical 3 . ( a) The Commission shall adopt the provisions requirements . envisaged if they are in accordance with the opinion of the Committee. Article 61 (b ) If the provisions envisaged are not in accordance with the Opinion of the Each Member State shall inform the Commission of Committee, or if no opinion is delivered, the Commission shall without delay submit to the the provisions which it adopts for the implementation of this Regulation . Council a proposal with regard to the provisions to be adopted. The Council shall act by a qualified majority. The Commission shall communicate this information to the other Member States . (c) If, within three months of the proposal being submitted to it, the Council has not acted, the proposed provisions shall be adopted by the Commission . Article 62
1 . This Regulation shall enter into force on the TITLE IX third day following its publication in the Official Journal of the European Communities, with the Final provisions exception of Article 1 (4), the first subparagraph of Article 2 (2), Article 7 (3 ) and Articles 50 to 55 which Article 59 shall enter into force on 1 January 1970.
In derogation from this Regulation, Belgium, Luxembourg and the Netherlands may apply to the 2 . The procedures for external and internal Community transit documents the agreements Community transit shall apply to transit declarations concluded or to be concluded between them with a registered at the offices of departure as from 1 view to reducing or abolishing frontier formalities at January 1970. the Belgo-Luxembourg and Belgo-Netherlands frontiers . However, goods the transport of which in the Community began before 1 January 1970 may be carried, up to and including 10 January 1970, in Article 60 accordance with a procedure other than that for external or internal Community transit. In such cases, 1 . The Annexes to this Regulation shall form an the provisions of Article 1 (4) shall not apply to the integral part thereof. goods .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 18 March 1969 .
For the Council
The "President
M. MART
Official Journal of the European Communities 137
ANNEX A
( Article 12 ( 1 ))
Official Journal of the European Communities 139
BACK
EXAMINATION BY OFFICE OF DEPARTURE
Results of examination : Seals affixed : Time limit ( date ) : Remarks :
At . ( place ) ( date ) Stamp and signature
Official Journal of the European Communities 141
BACK
EXAMINATION BY OFFICE OF DEPARTURE
Results of examinat on Seals affixed : Time limit ( date ) : Remarks :
At ( place ) ( date ) Stamp and signature
60 TRANSHIPMENTS AND OTHER INCIDENTS DURING CARRIAGE
DE~AILS AND MEASURES TAKEN ' STAMP OF COMPETENT AUTHORITY
1 The name and address of any new carrier should in particular be stated .
EXAMINATION BY OFFICE OF DESTINATION
Date of arrival : Examination of seals Remarks :
At on ( place) ( date ) Stamp and signature
( Space reserved for office of destination )
( Space reserved for general purposes )
Official Journal of the European Communities 143
BACK
EXAMINATION BY OFFICE OF DESTINATION Date of arrival : Examination of seals : Remarks :
At on ( place ) ( date ) Stamp and signature
Registered under no Returned to office of departure
( Space reserved for general purposes)
Official Journal of the European Communities 145
ANNEX B
(Article 12 ( 1 ))
150 Official Journal of the European Communities
ANNEX C
(Article 39 ( 1 ))
I
152 Official Journal of the European Communities
BACK
EXAMINATION BY OFFICE OF DEPARTURE
Results of examination : Seals affixed : Time limit ( date ) : Remarks :
At . on ( place ) ( date ) Stamp and signature
154 Official Journal of the European Communities
BACK
EXAMINATION BY DEPARTURE OFFICE
Results of examination : Seals affixed : Time limit ( date) : Remarks :
At on ( place ) ( date ) Stamp ana signature
60 TRANSHIPMENTS AND OTHER INCIDENTS DURING CARRIAGE
DETAILS AND MEASURES TAKEN 1 STAMP OF COMPETENT AUTHORITY
1 The name and address of any new carrier should in particular be stated .
EXAMINATION BY OFFICE OF DESTINATION
Date of arrival : Examination of seals : Remarks :
At . ... on ( place ) ( date ) Stamp and signature
( Space reserved for office of destination )
( Space reserved for general purposes )
156 Official Journal of the European Communities
BACK
EXAMINATION BY OFFICE OF DESTINATION Date of arriva : Examination of seats : Remarks :
At on ( place ) ( date ) Stamp and signature
Registered under No Returned to the office of departure
s
158 Official Journal of the European Communities
ANNEX D
(Article 39 ( 1 ))
Official Journal of the European Communities 163
ANNEX E (Article 22 ( 1))
E.C. C.E. E.G. E.F.
COMMUNITY TRANSIT
TRANSIT ADVICE NOTE
Identification of means of transport
TRANSIT DOCUMENT Space reserved for customs use
Type (_ 1 or T 2) Office of Departure Office of transit
Date of transit :
- At (place of signature) Date
Stamp and signature
ANNEX F Article 29 ( 1 ))
MODEL I
E.C. C.E. E.G. E.F.
Guarantee (Comprehensive guarantee covering several Community transit operations
I. UNDERTAKING BY THE GUARANTOR
1 . The undersigned 1 resident at 2 hereby jointly and severally guarantees, at the office of guarantee of
up to a maximum of in favour of the Kingdom of Belgium , the Federal Republic of Germany, the French Republic, the Italian Republic, the Grand Duchy
1 Surname and forenames, or name of firm. - Full address .
164 Official Journal of the European Communities
of Luxembourg, the Kingdom of the Netherlands,1 the amounts for which the principal 2, may be or become liable to the above-mentioned Member States of the European Communities by reason of infringements or irregularities committed in the course of a Community transit operation carried out by that person , including duties , taxes , agricultural levies and other charges—with the exception of pecuniary penalties— as regards principal or further liabilities, expenses and incidentals .
2 . The undersigned undertakes to pay forthwith, upon the first application in writing by the competent authorities of the Member States referred to in paragraph 1 the sums requested up to the limit of the maximum amount aforesaid .
This amount may not be reduced by the sums already paid in pursuance of this under taking unless recourse is had to the undersigned in respect of a Community Transit operation which began before the thirtieth day following that of the receipt by the under signed of previous application of applications .
3 . This undertaking shall be valid from the day of its acceptance by the office of guarantee .
This guarantee may be cancelled at any time by the undersigned , or by the State in the territory of which the office of guarantee is situated .
The cancellation shall take effect on the sixteenth day after notification thereof to the other party .
The undersigned shall remain responsbile for payment of the sums which become payable in respect of Community transit operations covered by this undertaking which began be fore the date on which the cancellation took effect, even if the demand for payment is made after that date .
4. For the purpose of this undertaking the undersigned gives his address for service3 as and in each of the other Member States referred to in paragraph 1 as care of
Member State Surname and forenames , or name of firm, and full address
2
3
5
1 Delete the name of any Member State or States of which the territory will not be used . 2 Surname and forenames, or name of firm , and full address of the principal . 3 If, in the law of the Member State, there is no provision for address for service the guarantor shall appoint, in each of the Member States referred to in paragraph 1 , an agent authorised to receive any communications addressed to him . The courts of the places in which the addresses for service of the guarantor or of his agents are situated shall have jurisdiction in disputes concerning this guarantee. The acknowledgment in the second subparagraph and the under taking in the fourth subparagraph of paragraph 4 must be made to correspond . 4 Full address .
Official Journal of the European Communities 165
The undersigned acknowledges that all correspondence and notices and any formalities or procedure relating to this undertaking addressed to or effected in writing at one of his addresses for service shall be accepted as duly delivered to him .
The undersigned acknowledges the jurisdiction of the courts of the places where he has an address for service . »
The undersigned undertakes to maintain his address for service or, if he has to alter one o - more of those addresses , to inform the office of guarantee in advance.
Done at on
Signature1
II. ACCEPTANCE BY THE OFFICE OF GUARANTEE
Office of Guarantee
Guarantor's undertaking accepted on the
Stamp and signature
1 The signature must be preceded by the following in the signatory's own handwriting : ' Guarantee for the amount of * with the amount written out in full .
166 Official Journal of the European Communities
MODEL II
E.C. C.E. E.G. E.F.
COMMUNITY TRANSIT
Guarantee
(Guarantee covering a single Community transit operation )
I. UNDERTAKING BY THE GUARANTOR
1 . The undersigned
resident at hereby jointly and severally guarantees, at the office of departure of
in favour of the Kingdom of Belgium , the Federal Republic of Germany , the French Republic, the Italian Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands ,3 the amounts for which the principal 4, may be or become liable to the above-mentioned Member States of the European Communties, by reason of infringements or irregularities committed in the course of a Community transit operation carried out by that person from the office of departure of to the office of destination of in respect of the goods designated hereinafter, includiing duties , taxes, agricultural levies and other charges—with the exception of pecuniary penalties—as regards principal or further liabilities , expenses and incidentals .
2 . The undersigned undertkakes to pay forthwith the sums requested upon the first appli cation in writing by the competent authorities of the Member States referred to in para graph 1 .
3 . This undertaking shall be valid from the day of its acceptance by the office of departure.
4. For the purposes of this undertaking, the undersigned gives his address for service5 as 6 and , in each of the other Member States referred to in paragraph 1 , as care of
1 Surname and forenames , or name of firm . - Full address . 3 Delete the name of any Member State or States of which the territory is not to be used . 4 Surname and forenames, or name of firm , and full address of the principal . 5 If, in the law of the Member State , there is no provision for address for service, the guarantor shall appoint, in each of the Member States referred to in paragraph 1 , an agent authorised to receive any communications addressed to him . The courts of the places in which the addresses for service of the guarantor or of his agents are situated shall have jurisdiction in disputes concerning this guarantee . The acknowledgement in the second subparagraph and the under taking in the fourth subparagraph of paragraph 4 must be made to correspond . 6 Full address .
Official Journal of the European Communities 167
Member State Surname and forenames , or name of firm , and full address
1
■>
3
4
S
The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to this undertaking addressed to or effected in writing at one of his addresses for service shall be accepted as duly delivered to him .
The undersigned acknowledges the jurisdiction of the courts of the places where he has an address for service .
The undersigned undertakes to maintain his addresses for service or, if he has to alter one or more of those addresses, to advise the office of departure in advance.
Done at on
Signature1
II . ACCEPTANCE BY THE OFFICE OF DEPARTURE
Office of Departure
Guarantor's undertaking accepted on the to cover the Community transit operation under T1 /T2,2 issued on under No
Stamp and signature
1 The signature must be preceded by the following in the signatory 's own hand , handwriting ' Guarantee'. * Delete as appropriate.
168 Official Journal of the European Communities
ANNEX G (Article 30 (3))
E.C. C.E. E.G. E.F.
COMMUNITY TRANSIT
GUARANTEE CERTIFICATE
The office of guarantee 1
certifies that2
in respect of whom3
jointly and severally guarantees up to a maximum amount of
(in figures and words)
has obtained on
provisional authorisation for Community transit operations in the following Member States of the European Communties :
Done at on ( place of signature) (date)
Stamp and signature
N.B. If the provisional authorisation is revoked, this certificate must be returned without delay to the office of guarantee.
1 Full address and Member State . 2 Surname and forenames, or name of firm , and full address of principal . 3 Surname and forenames , or name of firm , and full address. 4 Number written out in full .
Official Journal of the European Communities 169
List of persons authorised to sign Community transit declarations on behalf of the principal
Surname and forename Specimen signature
Agreed herewith :
at , on ( place of signature ) (date)
Signature or principal
N.B. The unused portion of the list must be cancelled .
ANNEX H (Article 48 ( 2))
YELLOW LABEL
E.C. C.E. E.G. E.F.
Goods not fulfilling the conditions laid down in Articles 9 and 10 of the Treaty establishing the European Economic Community