Commission Regulation (EEC) No 2364/84 of 31 July 1984 laying down detailed implementing provisions for the arrangements for movement within the Community of goods sent from one Member State for temporary use in one or more other Member States

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Commission Regulation (EEC) No 2364/84 of 31 July 1984 laying down detailed implementing provisions for the arrangements for movement within the Community of goods sent from one Member State for temporary use in one or more other Member States Official Journal L 222 , 20/08/1984 P. 0001 Spanish special edition: Chapter 02 Volume 11 P. 0050 Portuguese special edition Chapter 02 Volume 11 P. 0050

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( 1 ) OJ NO L 2 , 4 . 1 . 1984 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 2364/84 OF 31 JULY 1984 LAYING DOWN DETAILED IMPLEMENTING PROVISIONS FOR THE ARRANGEMENTS FOR MOVEMENT WITHIN THE COMMUNITY OF GOODS SENT FROM ONE MEMBER STATE FOR TEMPORARY USE IN ONE OR MORE OTHER MEMBER STATES

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3/84 OF 19 DECEMBER 1983 INTRODUCING ARRANGEMENTS FOR MOVEMENT WITHIN THE COMMUNITY OF GOODS SENT FROM ONE MEMBER STATE FOR TEMPORARY USE IN ONE OR MORE OTHER MEMBER STATES ( 1 ) , AND IN PARTICULAR ARTICLE 15 THEREOF ,

WHEREAS GOODS ENJOYING THE BENEFIT OF THE ARRANGEMENTS ESTABLISHED BY REGULATION ( EEC ) NO 3/84 ARE TRANSPORTED UNDER COVER OF A COMMUNITY MOVEMENT CARNET ; WHEREAS NOT ONLY THE SPECIMEN OF THE CARNET BUT ALSO THE RULES FOR DRAWING UP , ISSUING AND USING THE CARNET MUST BE LAID DOWN ;

WHEREAS THE DUTIES OF THE DIFFERENT OFFICES INVOLVED IN IMPLEMENTING THE ARRANGEMENTS MUST BE SET OUT , IN PARTICULAR IN ORDER THAT THE COMPETENT AUTHORITIES MAY BE ENABLED TO CHECK ON OPERATIONS CARRIED OUT UNDER THESE ARRANGEMENTS ;

WHEREAS THIS REGULATION SHOULD NOT HAMPER THE IMPLEMENTATION OF THE AGREEMENTS CONCLUDED OR TO BE CONCLUDED BETWEEN BELGIUM , LUXEMBOURG AND THE NETHERLANDS WITH A VIEW TO REDUCING OR ABOLISHING FRONTIER FORMALITIES WHEN THE FRONTIERS BETWEEN THESE MEMBER STATES ARE CROSSED ;

WHEREAS VARIOUS SPECIAL SITUATIONS MAY ARISE IN THE FRAMEWORK OF THE IMPLEMENTATION OF THE ARRANGEMENTS ; WHEREAS THE PROCEDURE TO BE FOLLOWED IN EACH OF THESE SITUATIONS SHOULD BE LAID DOWN ;

WHEREAS REGULATION ( EEC ) NO 3/84 LAYS DOWN CERTAIN PROVISIONS DEALING WITH THE RECOVERY OF ANY CHARGES WHICH MAY FALL DUE FOR PAYMENT ; WHEREAS DETAILED RULES FOR SUCH RECOVERY SHOULD BE SET OUT ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE ON ARRANGEMENTS FOR THE TEMPORARY MOVEMENT OF GOODS WITHIN THE COMMUNITY ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

PRINCIPLES

THIS REGULATION LAYS DOWN DETAILED PROVISIONS FOR IMPLEMENTING REGULATION ( EEC ) NO 3/84 , HEREINAFTER REFERRED TO AS THE " BASIC REGULATION " .

CHAPTER I

THE CARNET

ARTICLE 2

SCOPE OF THE CARNET

THE COMMUNITY MOVEMENT CARNET PROVIDED FOR IN ARTICLE 5 OF THE BASIC REGULATION , HEREINAFTER REFERRED TO AS " THE CARNET " , SHALL BE VALID FOR AS MANY OPERATIONS AS ARE NECESSARY WITHIN THE PERIOD OF ITS VALIDITY .

ARTICLE 3

CHARACTERISTICS OF THE CARNET

1 . THE CARNET SHALL CONFORM TO THE SPECIMEN IN ANNEX I AND SHALL COMPLY WITH THE TECHNICAL PROVISIONS SET OUT IN ANNEX II . THE NUMBER OF ENTRY AND EXIT SHEETS WHICH IT CONTAINS SHALL BE DETERMINED BY THE BENEFICIARY BEFORE HE PRODUCES IT AT THE OFFICE OF DEPARTURE .

2 . THE CARNET SHALL BE PRINTED AND COMPLETED IN ONE OF THE OFFICIAL LANGUAGES OF THE COMMUNITY SPECIFIED BY THE COMPETENT AUTHORITIES OF THE MEMBER STATES OF DEPARTURE .

THE COMPETENT AUTHORITIES OF A MEMBER STATE IN WHICH THE CARNET IS PRODUCED MAY , WHERE NECESSARY , REQUIRE THE INFORMATION IN COLUMN 2 OF THE SHEETS TO BE TRANSLATED INTO THE OFFICIAL LANGUAGE , OR ONE OF THE OFFICIAL LANGUAGES , OF THAT MEMBER STATE .

3 . THE CARNET SHALL BE COMPLETED EITHER IN TYPESCRIPT OR LEGIBLY IN MANUSCRIPT ; IN THE LATTER CASE , IT SHALL BE COMPLETED IN INK AND IN PRINTED CHARACTERS . IT MAY ALSO BE COMPLETED BY A TECHNICAL REPRODUCTION PROCESS .

THERE MAY BE NO ERASURES OR SUPERIMPOSED CORRECTIONS . AMENDMENTS SHALL BE MADE BY STRIKING OUT THE INCORRECT PARTICULARS AND , WHERE APPROPRIATE , ADDING THOSE REQUIRED . ANY SUCH AMENDMENTS MUST BE INITIALLED BY THE PERSON MAKING THE AMENDMENT AND AUTHENTICATED BY THE COMPETENT AUTHORITIES .

ARTICLE 4

LOADING-LISTS

1 . WHERE A CARNET IS COMPLETED IN RESPECT OF A CONSIGNMENT COMPOSED OF SEVERAL KINDS OF GOODS , THE PARTICULARS WHICH MUST BE GIVEN IN COLUMNS 1 TO 4 OF THE VARIOUS SHEETS OF THE CARNET APART FROM THE SHEET RESERVED FOR THE COMPETENT AUTHORITIES MAY BE PROVIDED ON ONE OR MORE LOADING-LISTS BEARING THOSE SAME COLUMNS AS WELL AS COLUMN A WHICH APPEARS ON THOSE SHEETS .

2 . WHERE PARAGRAPH 1 APPLIES , COLUMN 2 ON THE FRONT OF EACH SHEET OF THE CARNET APART FROM THE SHEET RESERVED FOR THE COMPETENT AUTHORITIES SHALL BEAR THE WORDS " SEE ATTACHED LOADING-LIST ( S ) NO ( S ) . . . " , TOGETHER WITH AN INDICATION OF THE NUMBER OF SUCH LISTS , WHICH SHALL BE NUMBERED BY THE BENEFICIARY .

A COPY OF EACH LOADING-LIST SHALL BE ATTACHED TO EVERY SHEET APART FROM THE SHEET RESERVED FOR THE COMPETENT AUTHORITIES .

3 . LOADING-LISTS SHALL BE COMPLETED ACCORDING TO THE PROVISIONS OF ARTICLE 3 ( 3 ) AND SIGNED BY THE BENEFICIARY .

CHAPTER II

FORMALITIES

ARTICLE 5

COMPETENT OFFICES

1 . ALL CUSTOMS OFFICES WHICH ARE COMPETENT TO ACT AS OFFICES OF TRANSIT WITHIN THE FRAMEWORK OF THE COMMUNITY TRANSIT PROCEDURE SHALL BE COMPETENT TO ACT AS OFFICES OF TRANSIT , ENTRY AND EXIT DURING THE HOURS IN WHICH THEY ARE OPEN , INCLUDING FOR THE MOVEMENT OF TRAVELLERS .

MEMBER STATES MAY EXTEND THIS COMPETENCE TO OFFICES OTHER THAN THOSE REFERRED TO IN THE PRECEDING SUBPARAGRAPH .

2 . NO CHARGE MAY BE MADE BY THE OFFICES REFERRED TO IN PARAGRAPH 1 IN RETURN FOR PERFORMING THE FORMALITIES CARRIED OUT THERE FOR THE IMPLEMENTATION OF THESE ARRANGEMENTS .

ARTICLE 6

FORMALITIES AT THE OFFICE OF DEPARTURE

1 . THE CARNET , DULY COMPLETED AND SIGNED BY THE BENEFICIARY , SHALL BE PRODUCED AT THE OFFICE OF DEPARTURE TOGETHER WITH THE GOODS IT COVERS .

2 . THE OFFICE OF DEPARTURE SHALL :

- CHECK THAT THE CARNET HAS BEEN CORRECTLY COMPLETED AND SIGNED AND THAT THE PARTICULARS RELATING TO THE GOODS CORRESPOND TO THE GOODS PRESENTED ,

- DETERMINE , AT THE REQUEST OF THE BENEFICIARY , THE PERIOD OF VALIDITY OF THE CARNET , WITHIN THE LIMIT OF A MAXIMUM OF 12 MONTHS , ACCORDING TO THE NATURE AND NUMBER OF OPERATIONS PLANNED AND THE EXPECTED DURATION OF EACH OF THEM ,

- ENTER THE LAST DAY OF VALIDITY OF THE CARNET IN THE BOX RESERVED FOR THAT PURPOSE ON THE FRONT COVER ,

- TAKE SUCH IDENTIFICATION MEASURES AS IT MAY DEEM NECESSARY ,

- COMPLETE BOXES A , B , C AND D OF THE CONTROL SHEET AND OF THE SHEET INTENDED FOR THE OFFICE OF DEPARTURE ,

- STAMP BOX E OF ALL THESE SHEETS ,

- REMOVE AND RETAIN THE SHEETS ,

- REMOVE AND RETAIN THE SHEET INTENDED FOR THE OFFICE OF DEPARTURE , AND

- RETURN THE CARNET TO THE BENEFICIARY .

ARTICLE 7

TRANSIT FORMALITIES

1 . WHERE GOODS PASS THROUGH THE TERRITORY OF A MEMBER STATE IN WHICH THEIR TEMPORARY USE IS NOT INTENDED , THE BENEFICIARY SHALL STRIKE OUT THE WORDS " TEMPORARY USE " IN BOX 6 OF THE RELEVANT ENTRY AND EXIT SHEETS OF THE CARNET , DRAW A LINE THROUGH BOXES 7 TO 9 OF THOSE SHEETS AND PRODUCE THE CARNET AND THE GOODS IT COVERS AT THE OFFICE OF TRANSIT ON ENTRY INTO THE MEMBER STATE CONCERNED .

2 . THE OFFICE OF TRANSIT ON ENTRY SHALL DETERMINE , ON THE BASIS OF THE DISTANCE TO BE COVERED AND THE MODE OF TRANSPORT USED , THE PERIOD WITHIN WHICH THE CARNET AND THE GOODS IT COVERS MUST BE PRODUCED AT AN OFFICE OF TRANSIT ON EXIT FROM THE SAME MEMBER STATE , COMPLETE ACCORDINGLY BOX B OF THE ENTRY AND EXIT SHEETS CONCERNED , REMOVE THE ENTRY SHEET FOR RETENTION BY THE OFFICE DESIGNATED FOR THAT PURPOSE , STAMP THE FIRST RELEVANT UNUSED BOX ON THE BACK COVER AND RETURN THE CARNET TO THE BENEFICIARY .

3 . THE CARNET AND THE GOODS IT COVERS SHALL BE PRODUCED AT AN OFFICE OF TRANSIT ON EXIT FROM THE MEMBER STATE CONCERNED NO LATER THAN THE LAST DAY OF THE PERIOD OF STAY DETERMINED BY THE OFFICE OF TRANSIT ON ENTRY , SUBJECT TO APPLICATION OF ARTICLE 15 .

4 . THE OFFICE OF TRANSIT ON EXIT SHALL COMPLETE BOX C OF THE EXIT SHEET , REMOVE THAT SHEET , STAMP THE BOX ON THE BACK COVER WHICH CORRESPONDS TO THE BOX STAMPED BY THE OFFICE OF TRANSIT ON ENTRY INTO THAT SAME MEMBER STATE AND RETURN THE CARNET TO THE BENEFICIARY . THE EXIT SHEET SHALL BE RETURNED TO THE OFFICE DESIGNATED FOR THAT PURPOSE .

5 . OFFICES OF TRANSIT SHALL NOT INSPECT GOODS UNLESS SOME IRREGULARITY IS SUSPECTED WHICH COULD RESULT IN ABUSE .

ARTICLE 8

TEMPORARY USE FORMALITIES

1 . WHERE GOODS ARE INTENDED FOR TEMPORARY USE IN A MEMBER STATE THE BENEFICIARY SHALL STRIKE OUT THE WORD " TRANSIT " IN BOX 6 OF THE RELEVANT ENTRY AND EXIT SHEETS OF THE CARNET AND COMPLETE BOXES 7 TO 9 OF THOSE SHEETS BEFORE THE CARNET AND THE GOODS IT COVERS ARE PRODUCED AT THE OFFICE OF ENTRY INTO THE MEMBER STATE CONCERNED .

2 . THE OFFICE OF ENTRY SHALL DETERMINE , ON THE BASIS OF THE OPERATIONS TO BE CARRIED OUT , THE PERIOD OF STAY DURING WHICH THE GOODS MAY REMAIN IN THE MEMBER STATE IN QUESTION , COMPLETE ACCORDINGLY BOX B OF THE ENTRY AND EXIT SHEETS CONCERNED , REMOVE THE ENTRY SHEET FOR RETENTION BY THE OFFICE DESIGNATED FOR THAT PURPOSE , STAMP THE FIRST RELEVANT UNUSED BOX ON THE BACK COVER AND RETURN THE CARNET TO THE BENEFICIARY OR HIS REPRESENTATIVE .

3 . THE CARNET AND THE GOODS IT COVERS SHALL BE PRODUCED AT THE OFFICE OF EXIT FROM THE MEMBER STATE CONCERNED NO LATER THAN THE LAST DAY OF THE PERIOD OF STAY DETERMINED BY THE OFFICE OF ENTRY , SUBJECT TO APPLICATION OF ARTICLE 15 .

4 . THE OFFICE OF EXIT SHALL COMPLETE BOX C OF THE EXIT SHEET , REMOVE THAT SHEET , STAMP THE BOX ON THE BACK COVER WHICH CORRESPONDS TO THE BOX STAMPED BY THE OFFICE OF ENTRY INTO THAT SAME MEMBER STATE , AND RETURN THE CARNET TO THE BENEFICIARY . THE EXIT SHEET SHALL BE RETURNED BY THAT OFFICE TO THE OFFICE DESIGNATED FOR THAT PURPOSE .

ARTICLE 9

TRANSPORT BY RAIL

1 . WHERE ENTRY INTO OR EXIT FROM A MEMBER STATE IS MADE BY PASSENGER TRAIN , THE CARNET AND THE GOODS IT COVERS SHALL BE PRESENTED IN THE TRAIN TO ANY AUTHORIZED OFFICERS OF THE CUSTOMS AUTHORITIES CONCERNED . SUCH PRESENTATION SHALL BE EQUIVALENT TO PRESENTATION AT AN OFFICE OF EXIT , ENTRY OR TRANSIT , AS THE CASE MAY BE . THE OFFICERS OF THE CUSTOMS AUTHORITIES CONCERNED SHALL APPLY THE PROVISIONS LAID DOWN IN ARTICLE 7 OR 8 , AS APPROPIATE , AND SHALL INDICATE IN BOX C OF THE EXIT SHEET OR BOX B OF THE ENTRY SHEET THE OFFICES TO WHICH THEY ARE ATTACHED .

2 . IN THE CASE REFERRED TO IN PARAGRAPH 1 , IF NO AUTORIZED OFFICER OF THE CUSTOMS AUTHORITY IS PRESENT IN THE TRAIN ON ENTRY INTO A MEMBER STATE , THE BENEFICIARY SHALL PRESENT THE CARNET AND THE GOODS IT COVERS AS SOON AS POSSIBLE AT A CUSTOMS OFFICE OF THAT MEMBER STATE . THAT OFFICE SHALL ACT AS OFFICE OF TRANSIT OR OF ENTRY AND SHALL APPLY THE PROVISIONS SET OUT IN ARTICLE 7 OR 8 AS APPROPRIATE .

ARTICLE 10

TERMINATION OF ARRANGEMENTS

1 . WHEN THE ARRANGEMENTS TERMINATE ON PRODUCTION OF THE CARNET AND THE GOODS IT COVERS AT AN OFFICE IN THE MEMBER STATE OF DEPARTURE IN ACCORDANCE WITH ARTICLE 11 ( 1 ) OF THE BASIC REGULATION , THE BENEFICIARY SHALL COMPLETE BOX 6 OF THE FINAL RE-ENTRY SHEET . THE OFFICE SHALL CHECK THAT THE GOODS CORRESPOND TO THOSE TEMPORARILY EXPORTED , TAKING INTO ACCOUNT ANY DETAILS RECORDED ON THE SHEET RESERVED FOR THE COMPETENT AUTHORITIES .

THE OFFICE SHALL COMPLETE THE FINAL RE-ENTRY SHEET ACCORDINGLY , REMOVE THAT SHEET AS WELL AS ANY UNUSED ENTRY AND EXIT SHEETS , STAMP THE CARNET IN BOX B ON THE BACK COVER AND RETURN IT TO THE BENEFICIARY .

2 . WHERE THE ARRANGEMENTS TERMINATE IN ACCORDANCE WITH ARTICLE 11 ( 2 ) OF THE BASIC REGULATION , THE COMPETENT AUTHORITIES OF THE MEMBER STATE WHERE THE ARRANGEMENTS TERMINATE SHALL MAKE A NOTE TO THAT EFFECT ON THE SHEET IN THE CARNET RESERVED FOR THEIR USE , REMOVE THE ENTRY , EXIT AND FINAL RE-ENTRY SHEETS STILL IN THE CARNET , STAMP BOX B ON THE BACK COVER AND RETURN THE CARNET TO THE BENEFICIARY .

3 . WHERE ONLY PART OF THE GOODS HAS BEEN USED IN ONE OF THE WAYS REFERRED TO IN ARTICLE 11 ( 2 ) OF THE BASIC REGULATION , THE COMPETENT AUTHORITIES SHALL MAKE A NOTE TO THAT EFFECT ON THE SHEET IN THE CARNET RESERVED FOR THEIR USE AND IN COLUMN A OF THE ENTRY , EXIT AND FINAL RE-ENTRY SHEETS STILL IN THE CARNET AND RETURN THE CARNET TO THE BENEFICIARY .

CHAPTER III

SPECIAL PROVISIONS

ARTICLE 11

EXIT FROM AND RE-ENTRY INTO THE MEMBER STATE OF DEPARTURE

APART FROM THE FORMALITIES TO BE CARRIED OUT AT THE OFFICE OF DEPARTURE AND THE FINAL RE-ENTRY FORMALITIES , THE EXIT OF THE GOODS FROM THE MEMBER STATE OF DEPARTURE AND THEIR RE-ENTRY INTO THAT MEMBER STATE SHALL NOT , EXCEPT WHERE AN IRREGULARITY IS SUSPECTED , GIVE RISE TO THE COMPLETION OF ANY FORMALITIES OTHER THAN THE PRESENTATION , AT THE REQUEST OF THE COMPETENT AUTHORITIES , OF THE CARNET AND THE GOODS IT COVERS AT THE OFFICES BY WHICH THEY LEAVE AND RE-ENTER THE MEMBER STATE CONCERNED .

ARTICLE 12

CONSIGNMENT OF PART OF THE GOODS

WHERE PART OF THE GOODS ENTERED ON THE CARNET REMAINS BEHIND IN THE MEMBER STATE OF DEPARTURE , THE BENEFICIARY SHALL POINT THIS OUT TO THE OFFICE OF ENTRY OR TO THE OFFICE OF TRANSIT ON ENTRY INTO EACH MEMBER STATE WHOSE TERRITORY IS CROSSED DURING THE MOVEMENT OPERATION IN QUESTION . THAT OFFICE SHALL MAKE AN APPROPRIATE NOTE IN COLUMN A OF THE ENTRY AND EXIT SHEETS .

ARTICLE 13

EXTENSION OF TIME LIMITS

1 . WHERE , IN IMPLEMENTATION OF ARTICLE 6 ( 3 ) OF THE BASIC REGULATION , THE COMPETENT AUTHORITIES OF A MEMBER STATE EXTEND THE PERIOD OF VALIDITY OF THE CARNET , THEY SHALL COMPLETE BOX F OF THE CONTROL SHEET AND THE BOX PROVIDED FOR THIS PURPOSE ON THE FRONT COVER AND INFORM THE OFFICE OF DEPARTURE AS SOON AS POSSIBLE .

2 . WHERE , IN IMPLEMENTATION OF POINT ( A ) OF THE FIRST SUBPARAGRAPH OF ARTICLE 10 OF THE BASIC REGULATION , THE COMPETENT AUTHORITIES OF THE MEMBER STATE OF TEMPORARY USE EXTEND THE PERIOD OF STAY OF THE GOODS IN THE TERRITORY OF THAT MEMBER STATE , THEY SHALL ENDORSE BOX B ON THE BACK OF THE EXIT SHEET CONCERNED ACCORDINGLY AND INFORM THE OFFICE DESIGNATED TO RETAIN ENTRY SHEETS IN THAT MEMBER STATE AS SOON AS POSSIBLE .

ARTICLE 14

FAILURE TO COMPLETE EXIT FORMALITIES

WHERE THE OFFICE OF ENTRY OR THE OFFICE OF TRANSIT ON ENTRY INTO A MEMBER STATE DISCOVERS THAT THE EXIT SHEET RELATING TO THE MEMBER STATE THAT THE GOODS HAVE JUST LEFT HAS NOT BEEN REMOVED , AND/OR THAT THE BACK COVER HAS NOT BEEN STAMPED BY THE OFFICE OF EXIT OR THE OFFICE OF TRANSIT ON EXIT FROM THAT MEMBER STATE , THE OFFICE OF ENTRY OR THE OFFICE OF TRANSIT ON ENTRY SHALL , EXCEPT WHERE AN IRREGULARITY IS SUSPECTED :

- STAMP BOX C OF THE EXIT SHEET , ADDING THE WORDS " APPLICATION OF ARTICLE 14 " , REMOVE THAT SHEET AND SEND IT TO THE OFFICE INDICATED IN BOX B , AND/OR

- STAMP THE RELEVANT BOX ON THE BACK COVER , AS THE CASE MAY BE , ADDING THE WORDS " APPLICATION OF ARTICLE 14 " .

ARTICLE 15

ACCIDENTS AND INCIDENTS DURING THE OPERATION

1 . WHERE , AS A RESULT OF ACCIDENTS OR OTHER INCIDENTS OCCURRING IN THE COURSE OF A MOVEMENT OPERATION , THE PERIOD OF STAY DETERMINED BY THE OFFICE OF ENTRY OR THE OFFICE OF TRANSIT ON ENTRY CANNOT BE OBSERVED , THE BENEFICIARY SHALL INFORM THE CUSTOMS AUTHORITIES AS SOON AS POSSIBLE IF THEY ARE CLOSE BY OR , FAILING THAT , ANY OTHER COMPETENT AUTHORITY . THE CUSTOMS OR OTHER AUTHORITIES SHALL RECORD THE RELEVANT DETAILS ON THE BACK OF THE SHEET OF THE CARNET RESERVED FOR THE USE OF THE COMPETENT AUTHORITIES .

2 . WHERE THE CARNET AND THE GOODS IT COVERS ARE PRODUCED AT THE OFFICE OF EXIT OR AT AN OFFICE OF TRANSIT ON EXIT AFTER THE FINAL DAY OF THE PERIOD OF STAY DETERMINED BY THE OFFICE OF ENTRY OR THE OFFICE OF TRANSIT ON ENTRY , AND THE FAILURE TO OBSERVE THE TIME LIMIT IS DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE BENEFICIARY , THE PERIOD OF STAY SHALL BE DEEMED TO HAVE BEEN OBSERVED . THE OFFICE CONCERNED SHALL ENDORSE BOX B ON THE BACK OF THE EXIT SHEET ACCORDINGLY .

ARTICLE 16

RESPECT OF IDENTIFICATION MEASURES

WHERE AN IDENTIFICATION MEASURE IS TAKEN BY THE COMPETENT AUTHORITIES OF A MEMBER STATE OR UNDER THEIR SUPERVISION , IT MAY NOT BE TAMPERED WITH IN ANY WAY DURING THE COURSE OF THE OPERATION .

WHERE SUCH MEASURE CONSISTS OF AFFIXING A SEAL , THIS MAY BE REMOVED ONLY BY THE COMPETENT AUTHORITIES OR WITH THEIR PERMISSION .

ARTICLE 17

FAILURE TO PRODUCE GOODS

WHERE , IN THE EVENT OF AN INSPECTION , THE BENEFICIARY IS UNABLE TO PRODUCE ALL OF THE GOODS , THE COMPETENT AUTHORITIES SHALL MAKE A NOTE ON THE CARNET TO THAT EFFECT IN ACCORDANCE WITH ARTICLE 10 ( 2 ) AND ( 3 ) .

ARTICLE 18

WITHDRAWAL OF RIGHT TO BENEFIT

1 . WHERE THE COMPETENT AUTHORITIES , ACTING UNDER THE THIRD SUBPARAGRAPH OF ARTICLE 4 ( 1 ) OF THE BASIC REGULATION , WITHDRAW A PERSON'S RIGHT TO BENEFIT UNDER THE ARRANGEMENTS , THEY SHALL MAKE A NOTE TO THAT EFFECT IN BOX A ON THE BACK COVER OF THE CARNET , WHICH SHALL BE SENT BACK TO THE OFFICE OF DEPARTURE .

2 . THE GOODS IN RESPECT OF WHICH THE RIGHT TO BENEFIT UNDER THE ARRANGEMENTS HAS BEEN WITHDRAWN SHALL , ACCORDING TO THE WISH OF THE BENEFICIARY , FORTHWITH BE :

- RECONSIGNED TO THE MEMBER STATE OF DEPARTURE IN ACCORDANCE WITH THE COMMUNITY TRANSIT PROCEDURE , OR

- USED IN ONE OF THE WAYS REFERRED TO IN ARTICLE 11 ( 2 ) ( B ) , ( C ) AND ( D ) OF THE BASIC REGULATION . IN THAT CASE , THE AUTHORITIES WITHDRAWING THE RIGHT TO BENEFIT UNDER THE ARRANGEMENTS SHALL RETURN TO THE OFFICE OF DEPARTURE THE FINAL RE-ENTRY SHEET AND THE SHEET RESERVED FOR THE COMPETENT AUTHORITIES , DULY ENDORSED , OR

- PUT UNDER A NATIONAL PROCEDURE .

ARTICLE 19

DUPLICATES

IN THE EVENT OF LOSS OR THEFT OF THE CARNET THE OFFICE OF DEPARTURE MAY ISSUE A DUPLICATE . FOR THIS PURPOSE THE BENEFICIARY SHALL COMPLETE A NEW CARNET AND SHALL PUT ON THE FRONT AND BACK COVERS AND ALL THE SHEETS , IN PROMINENT LETTERS AND IN RED , THE WORDS " DUPLICATE OF CARNET NO . . . " . THE OFFICE OF DEPARTURE SHALL COMPARE THE COPY WITH THE SHEET OF THE ORIGINAL CARNET RESERVED FOR ITSELF AND VALIDATE THE NEW CARNET IN ACCORDANCE WITH ARTICLE 6 ( 2 ) .

ARTICLE 20

SPECIAL CASE OF BENELUX

BY WAY OF DEROGATION FROM THE PROVISIONS OF ARTICLES 7 ( 4 ) AND 8 ( 4 ) , BELGIUM , LUXEMBOURG AND THE NETHERLANDS MAY APPLY TO CARNETS THE AGREEMENTS CONCLUDED OR TO BE CONCLUDED BETWEEN THEM WITH A VIEW TO REDUCING OR ABOLISHING FRONTIER FORMALITIES AT THE BELGO-LUXEMBOURG AND BELGO-NETHERLANDS FRONTIERS .

CHAPTER IV

RECOVERY AND ADMINISTRATIVE COLLABORATION

ARTICLE 21

RECOVERY BY THE MEMBER STATE WHERE AN IRREGULARITY HAS BEEN COMMITTED

WHERE , PURSUANT TO ARTICLE 12 ( 1 ) OF THE BASIC REGULATION , THE COMPETENT AUTHORITIES OF THE MEMBER STATE IN WHICH AN IRREGULARITY HAS BEEN COMMITTED RECOVER CHARGES DUE , THEY SHALL INFORM THE OFFICE OF DEPARTURE THEREOF AND SHALL MAKE A NOTE TO THAT EFFECT ON THE SHEET RESERVED FOR THE COMPETENT AUTHORITIES .

ARTICLE 22

RECOVERY BY THE MEMBER STATE OF DEPARTURE

1 . WHERE , PURSUANT TO ARTICLE 12 ( 2 ) OF THE BASIC REGULATION , THE COMPETENT AUTHORITIES OF THE MEMBER STATE IN WHICH AN IRREGULARITY HAS BEEN COMMITTED REQUEST THE COMPETENT AUTHORITIES OF THE MEMBER STATE OF DEPARTURE TO RECOVER CHARGES DUE , THE REQUEST FOR RECOVERY SHALL BE ACCOMPANIED BY A COPY OF THE REQUEST FOR PAYMENT PREVIOUSLY ADDRESSED TO THE BENEFICIARY AND SHALL INDICATE THE NAME AND ADDRESS OF THE LATTER , THE NUMBER OF THE CARNET AND THE AMOUNT TO BE RECOVERED , BOTH IN THE CURRENCY OF THE STATE MAKING THE REQUEST AND IN THE CURRENCY OF THE MEMBER STATE OF DEPARTURE . THE EXCHANGE RATE TO BE USED FOR THE PURPOSE OF APPLYING THIS PARAGRAPH SHALL BE THE LATEST SELLING RATE RECORDED ON THE MOST REPRESENTATIVE EXCHANGE MARKET OR MARKETS IN THE MEMBER STATE MAKING THE REQUEST ON THE DATE ON WHICH THAT REQUEST IS MADE .

2 . THE COMPETENT AUTHORITIES OF THE MEMBER STATE OF DEPARTURE SHALL FORTHWITH INFORM THE COMPETENT AUTHORITIES OF THE MEMBER STATE MAKING THE REQUEST FOR RECOVERY OF THE ACTION THEY HAVE TAKEN IN RESPONSE TO THAT REQUEST .

3 . WHERE ALL OR PART OF THE AMOUNT DUE CANNOT BE RECOVERED WITHIN A REASONABLE PERIOD OF TIME , THE COMPETENT AUTHORITIES IN THE MEMBER STATE OF DEPARTURE SHALL INFORM THE COMPETENT AUTHORITIES IN THE MEMBER STATE WHICH MADE THE REQUEST AND SHALL INDICATE THE REASONS FOR THAT SITUATION . IN THE LIGHT OF THE INFORMATION GIVEN THEM , THE LATTER AUTHORITIES MAY REQUEST THAT FURTHER EFFORTS BE MADE TO RECOVER THE AMOUNT DUE .

4 . ANY AMOUNT RECOVERED UNDER THIS REGULATION SHALL BE TRANSFERRED TO THE COMPETENT AUTHORITIES OF THE MEMBER STATE MAKING THE REQUEST WITHIN ONE MONTH OF THE DATE ON WHICH THE AMOUNT WAS RECOVERED .

5 . THE PROVISIONS OF ARTICLE 12 ( 2 ) OF THE BASIC REGULATION SHALL NOT APPLY WHERE THE AMOUNT TO BE RECOVERED IS LESS THAN 200 ECU .

6 . THE RECOVERY AND TRANSFER REFERRED TO IN THIS ARTICLE SHALL BE CARRIED OUT IN THE CURRENCY OF THE MEMBER STATE OF DEPARTURE .

ARTICLE 23

COSTS OF RECOVERY

MEMBER STATES SHALL RENOUNCE ALL CLAIMS UPON EACH OTHER FOR THE REIMBURSEMENT OF COSTS RESULTING FROM ADMINISTRATIVE COLLABORATION WHICH THEY GRANT EACH OTHER PURSUANT TO THIS REGULATION .

ARTICLE 24

PREFERENTIAL TREATMENT

THE CHARGES TO BE RECOVERED SHALL NOT BE GIVEN PREFERENTIAL TREATMENT IN THE MEMBER STATE IN WHICH THE REQUESTED AUTHORITY IS SITUATED .

ARTICLE 25

AUTHORITIES EMPOWERED WITH RESPECT TO ADMINISTRATIVE COLLABORATION

MEMBER STATES SHALL PROVIDE THE COMMISSION WITH A LIST OF THE AUTHORITIES EMPOWERED TO MAKE OR RECEIVE REQUESTS FOR ADMINISTRATIVE COLLABORATION . THE COMMISSION SHALL INFORM THE OTHER MEMBER STATES THEREOF .

ARTICLE 26

EXTENSION OF ADMINISTRATIVE COLLABORATION

THE PROVISIONS OF THIS REGULATION SHALL NOT PREVENT A GREATER MEASURE OF ADMINISTRATIVE COLLABORATION BEING AFFORDED EITHER NOW OR IN THE FUTURE BY PARTICULAR MEMBER STATES UNDER ANY AGREEMENTS OR ARRANGEMENTS , INCLUDING THOSE FOR THE NOTIFICATION OF LEGAL OR EXTRA-LEGAL ACTS .

CHAPTER V

FINAL PROVISIONS

ARTICLE 27

ENTRY INTO FORCE

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1985 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 31 JULY 1984 .

FOR THE COMMISSION

KARL-HEINZ NARJES

MEMBER OF THE COMMISSION

ANNEX I

EUROPEAN COMMUNITY COMMUNITY MOVEMENT CARNET NO UK / 000000

THIS CARNET MAY BE USED FOR AN UNLIMITED NUMBER OF OPERATIONS PROVIDED THESE TAKE PLACE DURING ITS PERIOD OF VALIDITY

LAST DAY OF VALIDITY OF THE CARNET * PERIOD OF VALIDITY OF CARNET EXTENDED UNTIL

DAY MONTH YEAR * DAY MONTH YEAR

NOTES

A . COMPOSITION AND COMPLETION OF THE CARNET

1 . THE BENEFICIARY MUST DETERMINE THE NUMBER OF ENTRY AND EXIT SHEETS ACCORDING TO THE NUMBER OF OPERATIONS REQUIRED AND MUST ENTER ON THESE SHEETS THE SERIAL NUMBER PRINTED ON THE COVER OF THE CARNET .

THE COVERS AND SHEETS MUST BE JOINED TOGETHER AT THE TOP EDGE .

2 . THE BENEFICIARY MUST COMPLETE IN TYPESCRIPT OR , WHERE MANUSCRIPT IS USED , LEGIBLY , IN INK AND IN PRINTED CHARACTERS

A ) BOXES 1 TO 6 OF THE CONTROL SHEET AND OF THE SHEET INTENDED FOR THE OFFICE OF DEPARTURE ,

B ) BOXES 1 TO 5 OF ALL THE ENTRY AND EXIT SHEETS AND OF THE FINAL RE-ENTRY SHEET .

THESE SHEETS MUST CONTAIN NO ERASURES OR SUPERIMPOSED CORRECTIONS . ANY AMENDMENTS MUST BE MADE BY STRIKING OUT THE INCORRECT PARTICULARS AND , WHERE APPROPRIATE , ADDING THOSE REQUIRED . ANY SUCH AMENDMENT MUST BE INITIALLED BY THE PERSON MAKING THE AMENDMENT AND APPROVED BY THE OFFICE OF DEPARTURE . THE GOODS MUST BE DESCRIBED IN ACCORDANCE WITH USUAL COMMERCIAL PRACTICE WITH SUFFICIENT DETAIL TO ENABLE THEM TO BE IDENTIFIED . A GENERAL DESCRIPTION SUCH AS " TRADE SAMPLES " IS NOT ALLOWED . A HORIZONTAL LINE MUST BE DRAWN IMMEDIATELY BELOW THE LAST ENTRY IN COLUMNS 1 TO 4 OF THE ABOVE SHEETS SO AS TO MAKE ANY LATER ADDITION IMPOSSIBLE .

THE SIGNATURE OF THE BENEFICIARY MUST NOT BE A CARBON COPY .

3 . WHERE LOADING LISTS ARE USED , A COPY OF EACH LIST MUST BE SECURELY ATTACHED , AT THE LEVEL OF THE HEADINGS OF COLUMNS 1 TO 4 , ON THE REVERSE OF EVERY SHEET EXCEPT THE ONE RESERVED FOR THE COMPETENT AUTHORITIES , AND THE FOLLOWING MUST BE WRITTEN IN COLUMN 2 ON THE FRONT OF EACH SHEET :

" SEE ATTACHED LOADING LIST ( S ) NO ( S ) 1 TO " .

LOADING LISTS MUST BE COMPLETED AS PRESCRIBED AT 2 ABOVE AND SIGNED BY THE BENEFICIARY .

B . FORMALITIES AT THE OFFICE OF DEPARTURE

4 . THE CARNET , DULY COMPLETED AND SIGNED BY THE BENEFICIARY , AND THE GOODS MUST BE PRODUCED TO A CUSTOMS OFFICE OF THE MEMBER STATE IN WHOSE TERRITORY THE BENEFICIARY IS ESTABLISHED .

C . RESPECT FOR IDENTIFICATION MEASURES

5 . ANY IDENTIFICATION MEASURES TAKEN BY THE COMPETENT AUTHORITIES OF A MEMBER STATE OR UNDER THEIR SUPERVISION MUST NOT BE TAMPERED WITH IN ANY WAY DURING THE COURSE OF THE OPERATION AND ANY SEALS AFFIXED MUST BE REMOVED ONLY BY THE COMPETENT AUTHORITIES OR WITH THEIR PERMISSION .

D . FORMALITIES IN THE EVENT OF TRANSIT VIA A MEMBER STATE

6 . THE WORDS " TEMPORARY USE " MUST BE DELETED FROM BOX 6 OF THE RELEVANT ENTRY AND EXIT SHEETS AND BOXES 7 TO 9 OF THESE TWO SHEETS MUST BE STRUCK THROUGHT BEFORE THE CARNET AND THE GOODS ARE PRODUCED AT AN OFFICE OF ENTRY INTO THE MEMBER STATE CONCERNED .

IF THE BENEFICIARY HAS DECIDED TO CARRY ONLY PART OF THE GOODS COVERED BY THE CARNET HE MUST INFORM THE OFFICE OF ENTRY AND SPECIFY TO THE LATTER WHICH GOODS ARE MISSING .

THE CARNET AND THE GOODS MUST BE PRODUCED AT AN OFFICE OF EXIT FROM THE MEMBER STATE CONCERNED NOT LATER THAN THE LAST DAY FIXED BY THE OFFICE OF ENTRY .

IT IS IN THE BENEFICIARY'S OWN INTEREST TO CHECK THAT THE OFFICES OF ENTRY AND EXIT HAVE STAMPED THE BOXES PROVIDED FOR THEIR USE AND REMOVED THE SHEETS INTENDED FOR THEM .

E . FORMALITIES IN THE EVENT OF TEMPORARY USE

7 . THE WORD " TRANSIT " MUST BE DELETED FROM BOX 6 OF THE RELEVANT ENTRY AND EXIT SHEETS AND BOXES 7 TO 9 OF THESE TWO SHEETS MUST BE COMPLETED BEFORE THE CARNET AND THE GOODS ARE PRODUCED AT AN OFFICE OF ENTRY INTO THE MEMBER STATE CONCERNED .

IF THE BENEFICIARY HAS DECIDED TO CARRY ONLY PART OF THE GOODS COVERED BY THE CARNET HE MUST INFORM THE OFFICE OF ENTRY AND SPECIFY TO THE LATTER WHICH GOODS ARE MISSING .

IN BOX 9 IT SHOULD BE INDICATED WHETHER THE GOODS INVOLVED ARE :

- GOODS INTENDED FOR DISPLAY OR DEMONSTRATION AT AN EXHIBITION , FAIR , CONFERENCE OR SIMILAR EVENT , OR

- PROFESSIONAL EQUIPMENT , OR

- TRADE SAMPLES .

THE CARNET AND THE GOODS MUST BE PRODUCED AT AN OFFICE OF EXIT FROM THE MEMBER STATE CONCERNED NOT LATER THAN THE LAST DAY FIXED BY THE OFFICE OF ENTRY .

IT IS IN THE BENEFICIARY'S OWN INTEREST TO CHECK THAT THE OFFICES OF ENTRY AND EXIT HAVE STAMPED THE BOXES PROVIDED FOR THEIR USE AND REMOVED THE SHEETS INTENDED FOR THEM .

F . FORMALITIES IN THE MEMBER STATE OF DEPARTURE DURING THE PERIOD OF VALIDITY OF THE CARNET

8 . RE-ENTRY INTO AND EXIT FROM THE MEMBER STATE OF DEPARTURE DURING THE PERIOD OF VALIDITY OF THE CARNET SHALL NOT GIVE RISE TO ANY FORMALITIES OTHER THAN THE PRODUCTION OF THE CARNET AND THE GOODS AT THE RELEVANT OFFICES OF ENTRY AND EXIT OF THE MEMBER STATE OF DEPARTURE .

G . TERMINATION OF THE ARRANGEMENTS BY PRODUCTION OF THE CARNET AND THE GOODS IN THE MEMBER STATE OF DEPARTURE

9 . BOX 6 OF THE FINAL RE-ENTRY SHEET MUST BE COMPLETED AND SIGNED BEFORE THE CARNET AND THE GOODS ARE PRODUCED AT A COMPETENT CUSTOMS OFFICE OF THE MEMBER STATE OF DEPARTURE . THE CARNET AND GOODS MUST BE PRODUCED NOT LATER THAN THE LAST DAY OF VALIDITY OF THE CARNET .

THE CARNET , WHICH MUST BE STAMPED BY THE OFFICE CONCERNED IN BOX B ON THE FINAL SIDE OF THE COVER , MUST BE KEPT FOR AT LEAST 3 YEARS FROM THE LAST DAY OF VALIDITY .

H . OTHER WAYS OF TERMINATING THE ARRANGEMENTS

10 . WHERE THE ARRANGEMENTS ARE TERMINATED UNDER THE CONDITIONS REFERRED TO AT THE TOP OF THE SHEET RESERVED FOR THE COMPETENT AUTHORITIES , THE CARNET MUST BE PRODUCED TO THOSE AUTHORITIES .

I . ACCIDENTS AND INCIDENTS DURING TRANSIT OR TEMPORARY USE

11 . THE BENEFICIARY MUST INFORM THE CUSTOMS AUTHORITIES AS SOON AS POSSIBLE IF THEY ARE CLOSE BY , OR , FAILING THAT , ANY OTHER COMPETENT AUTHORITIES .

ANNEX II

TECHNICAL PROVISIONS RELATING TO THE COMMUNITY MOVEMENT CARNET

1 . THE CARNET SHALL CONSIST OF , IN ORDER :

- A FRONT COVER ,

- A SHEET RESERVED FOR THE COMPETENT AUTHORITIES ,

- A CONTROL SHEET ,

- A SHEET INTENDED FOR THE OFFICE OF DEPARTURE ,

- AN EQUAL NUMBER OF ENTRY AND EXIT SHEETS ,

- A FINAL RE-ENTRY SHEET ,

- A BACK COVER .

2 . THE PAPER USED SHALL BE DRESSED FOR WRITING PURPOSES AND WEIGH AT LEAST :

- 130 G/M2 FOR THE COVERS ,

- 50 G/M2 FOR THE SHEETS .

THIS PAPER SHALL BE COLOURED :

- YELLOW FOR THE COVERS , THE SHEET RESERVED FOR THE COMPETENT AUTHORITIES AND THE CONTROL SHEET ,

- GREEN FOR THE SHEET INTENDED FOR THE OFFICE OF DEPARTURE AND THE FINAL RE-ENTRY SHEET ,

- PINK FOR THE ENTRY SHEETS ,

- WHITE FOR THE EXIT SHEETS .

3 . THE CARNET SHALL MEASURE 210 BY 297 MM . THE ENTRY , EXIT AND FINAL RE-ENTRY SHEETS SHALL BE PERFORATED HORIZONTALLY 20 MM FROM THE TOP EDGE . THE COVERS AND THE SHEETS SHALL BE JOINED TOGETHER AT THE TOP .

4 . MEMBER STATES SHALL BE RESPONSIBLE FOR PRINTING CARNETS . CARNETS MAY ALSO BE PRINTED BY PRINTERS APPOINTED FOR THE PURPOSE BY THE MEMBER STATE IN WHICH THEY ARE ESTABLISHED , IN WHICH CASE EACH CARNET SHALL MAKE REFERENCE TO THE APPOINTMENT . EACH CARNET SHALL BEAR THE NAME AND ADDRESS OR SIGN OF THE PRINTER .

5 . THE COVERS , THE SHEET RESERVED FOR THE COMPETENT AUTHORITIES , THE CONTROL SHEET , THE SHEET INTENDED FOR THE OFFICE OF DEPARTURE AND THE FINAL RE-ENTRY SHEET SHALL BEAR THE SAME SERIAL NUMBER . THIS NUMBER SHALL BE PRECEDED BY THE FOLLOWING LETTERS DEPENDING ON THE MEMBER STATE OF DEPARTURE : BE FOR BELGIUM , DK FOR DENMARK , DE FOR GERMANY , FR FOR FRANCE , GR FOR GREECE , IE FOR IRELAND , IT FOR ITALY , LU FOR LUXEMBOURG , NL FOR THE NETHERLANDS AND UK FOR THE UNITED KINGDOM .

6 . THE ENTRY AND EXIT SHEETS SHALL BEAR THE LETTERS REFERRED TO IN POINT 5 ; THE BENEFICIARY MUST COMPLETE THESE SHEETS BY ADDING THE SERIAL NUMBER SHOWN ON THE COVER AND THE OTHER SHEETS .

7 . CARNETS SHALL BE PRINTED IN ONE OF THE COMMUNITY'S OFFICIAL LANGUAGES SPECIFIED BY THE COMPETENT AUTHORITIES OF THE MEMBER STATE OF DEPARTURE .