Commission Regulation (EEC) No 223/77 of 22 December 1976 on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure

• Published date: 09 February 1977
• Subject Matter: Harmonisation of customs law: Community transit
• Official Gazette Publication: Official Journal of the European Communities, L 38, 9 February 1977,Gazzetta ufficiale delle Comunità europee, L 38, 9 febbraio 1977,Journal officiel des Communautés européennes, L 38, 9 février 1977

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31977R0223

Commission Regulation (EEC) No 223/77 of 22 December 1976 on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure

Official Journal L 038 , 09/02/1977 P. 0020 - 0098
Greek special edition: Chapter 02 Volume 12 P. 0027
Spanish special edition: Chapter 02 Volume 3 P. 0110
Portuguese special edition Chapter 02 Volume 3 P. 0110

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COMMISSION REGULATION ( EEC ) NO 223/77

OF 22 DECEMBER 1976

ON PROVISIONS FOR THE IMPLEMENTATION OF THE COMMUNITY TRANSIT PROCEDURE AND FOR CERTAIN SIMPLIFICATIONS OF THAT PROCEDURE

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 222/77 OF 13 DECEMBER 1976 ON COMMUNITY TRANSIT ( 1 ) , AND IN PARTICULAR ARTICLES 12 , 22 , 30 , 32 , 39 , 45 , 48 AND 57 THEREOF ,

WHEREAS REGULATION ( EEC ) NO 222/77 HAS REPLACED COUNCIL REGULATION ( EEC ) NO 542/69 OF 18 MARCH 1969 ( 2 ) ;

WHEREAS PROVISIONS ARE REQUIRED TO IMPLEMENT REGULATION ( EEC ) NO 222/77 IN PLACE OF THOSE IMPLEMENTING REGULATION ( EEC ) NO 542/69 ; WHEREAS THE PROVISIONS IMPLEMENTING THE SAID REGULATION ( EEC ) NO 542/69 ARE DISPERSED THROUGHOUT A NUMBER OF REGULATIONS , SOME OF WHICH HAVE BEEN AMENDED SEVERAL TIMES ; WHEREAS IN THE INTERESTS OF CLARITY IT IS APPROPRIATE FOR THEM TO BE BROUGHT TOGETHER IN A SINGLE TEXT ;

WHEREAS , IN ORDER TO ENSURE UNIFORMITY OF THE FORMS ON WHICH DECLARATIONS AND DOCUMENTS USED FOR THE PURPOSES OF COMMUNITY TRANSIT ARE DRAWN UP , IT IS NECESSARY TO LAY DOWN THE CONDITIONS WHICH MUST BE SATISFIED FOR THEIR COMPLETION , ISSUE AND USE ; WHEREAS IT IS ACCORDINGLY APPROPRIATE TO HAVE SPECIMENS OR MODELS TO WHICH THE SAID FORMS MUST CORRESPOND ;

WHEREAS ARTICLE 32 OF REGULATION ( EEC ) NO 222/77 , BY ESTABLISHING A FLAT-RATE GUARANTEE SYSTEM , PROVIDES THAT CERTAIN IMPLEMENTATION MEASURES SHOULD BE DETERMINED UNDER THE PROCEDURE LAID DOWN IN ARTICLE 57 THEREOF ;

WHEREAS THE MOVEMENT OF GOODS IS OFTEN SUBJECT TO COMMUNITY MEASURES , THE APPLICATION OF WHICH IS CONDITIONAL UPON PROOF THAT THE GOODS IN QUESTION HAVE BEEN USED FOR A SPECIFIC PURPOSE OR HAVE ARRIVED AT A SPECIFIC DESTINATION ; WHEREAS IN SOME CASES THE EXPORT OF GOODS FROM THE COMMUNITY IS PROHIBITED OR SUBJECT TO RESTRICTIONS , DUTIES OR OTHER CHARGES ; WHEREAS PROVISION MUST ACCORDINGLY BE MADE FOR PROCEDURES WHEREBY SUCH MEASURES MAY BE APPLIED IN REGARD TO COMMUNITY TRANSIT ;

WHEREAS ARTICLE 45 ( 2 ) OF REGULATION ( EEC ) NO 222/77 PROVIDES FOR A LIST TO BE ESTABLISHED OF AIRLINE COMPANIES EXEMPT FROM PROVIDING A GUARANTEE FOR THE AIR JOURNEY OF A COMMUNITY TRANSIT OPERATION ;

WHEREAS THE RAILWAY AUTHORITIES HAVE SET UP ACCOUNTING CENTRES AT WHICH CUSTOMS AUTHORITIES ARE ABLE TO CARRY OUT CUSTOMS CONTROL OF COMMUNITY TRANSIT OPERATIONS ; WHEREAS THIS MAKES IT POSSIBLE TO SIMPLIFY THE COMMUNITY TRANSIT PROCEDURE IN INTERNATIONAL RAIL TRANSPORT ;

WHEREAS TO FACILITATE THE MOVEMENT OF GOODS WITHIN THE COMMUNITY EACH MEMBER STATE SHOULD BE GRANTED THE RIGHT TO SIMPLIFY FORMALITIES TO BE CARRIED OUT AT OFFICES OF DEPARTURE AND DESTINATION WITHIN ITS TERRITORY BY PERSONS WHO FREQUENTLY SEND OR RECEIVE CONSIGNMENTS , ALLOWING THEM TO PLACE THEIR GOODS UNDER A COMMUNITY TRANSIT PROCEDURE WITHOUT HAVING TO PRODUCE EITHER THE GOODS OR THE RELEVANT DECLARATION T 1 OR T 2 AT THE OFFICE OF DEPARTURE AND TO HAVE GOODS DELIVERED TO THEM WITHOUT PRIOR PRODUCTION THEROF AT THE OFFICE OF DESTINATION ;

WHEREAS THIS FACILITY SHOULD BE EXTENDED TO THE COMPLETION OF THE INTERNAL COMMUNITY TRANSIT DOCUMENT T 2 L USED TO CERTIFY THE COMMUNITY NATURE OF GOODS FOR WHICH THE INTERNAL COMMUNITY TRANSIT PROCEDURE IS NOT OBLIGATORY ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE COMMUNITY TRANSIT COMMITTEE ,

HAS ADOPTED THIS REGULATION :

TITLE I

PROVISIONS RELATING TO FORMS AND THEIR USE IN COMMUNITY TRANSIT PROCEDURE

SECTION I

FORMS

ARTICLE 1

1 . THE FORMS ON WHICH COMMUNITY TRANSIT DECLARATIONS ARE MADE SHALL CORRESPOND , EXCEPT AS REGARDS SPACES RESERVED FOR NATIONAL USE , TO THE SPECIMENS SHOWN IN ANNEXES I TO IV . THESE DECLARATIONS SHALL BE USED IN ACCORDANCE WITH THE PROVISIONS OF REGULATION ( EEC ) NO 222/77 AND OF ARTICLES 3 AND 4 OF THIS REGULATION .

2 . LOADING LISTS BASED ON THE SPECIMEN IN ANNEX V MAY BE USED , SUBJECT TO THE CONDITIONS OF ARTICLES 5 TO 9 , AS THE DESCRIPTIVE PART OF COMMUNITY TRANSIT DECLARATIONS . THE USE THEREOF IS WITHOUT PREJUDICE TO FORMALITIES RELATING TO EXPORTATION , RE-EXPORTATION , IMPORTATION AND RE-IMPORTATION AND TO THE FORMS USED FOR SUCH FORMALITIES .

3 . THE FORM TO BE COMPLETED AS THE SPECIAL COMMUNITY TRANSIT DOCUMENT ( HEREINAFTER REFERRED TO AS " CONTROL COPY T NO 5 " ) AS PROOF THAT GOODS HAVE BEEN USED FOR A SPECIFIC PURPOSE AND/OR HAVE ARRIVED AT A PRESCRIBED DESTINATION SHALL CONFORM TO THE SPECIMEN IN ANNEX VI AND SHALL BE ISSUED AND USED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES 10 TO 13 .

4 . THE FORM TO BE COMPLETED AS THE TRANSIT ADVICE NOTE FOR THE PURPOSE OF ARTICLE 22 OF REGULATION ( EEC ) NO 222/77 SHALL CONFORM TO THE SPECIMEN IN ANNEX VII .

5 . THE FORM TO BE COMPLETED AS THE RECEIPT , TO CERTIFY THAT THE COMMUNITY TRANSIT DOCUMENT AND/OR CONTROL COPY T NO 5 AND THE RELEVANT CONSIGNMENT HAVE BEEN PRODUCED AT THE OFFICE OF DESTINATION , SHALL CONFORM TO THE SPECIMEN IN ANNEX VIII AND SHALL BE ISSUED AND USED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 15 .

6 . THE GUARANTEE CERTIFICATE FOR WHICH PROVISION IS MADE UNDER ARTICLE 30 ( 3 ) OF REGULATION ( EEC ) NO 222/77 SHALL CONFORM TO THE SPECIMEN IN ANNEX IX . THE CERTIFICATE SHALL BE ISSUED AND USED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES 18 TO 21 .

7 . THE FLAT-RATE GUARANTEE VOUCHER SHALL CONFORM TO THE SPECIMEN IN ANNEX X . THE ENTRIES ON THE BACK OF THIS FORM MAY HOWEVER BE SHOWN ON THE FRONT ABOVE THE PARTICULARS OF THE INDIVIDUAL OR FIRM ISSUING THE VOUCHER , THE FOLLOWING ENTRIES REMAINING UNCHANGED . THE FLAT-RATE GUARANTEE VOUCHER SHALL BE ISSUED AND USED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES 22 TO 25 .

8 . THE FORM ON WHICH THE INTERNAL COMMUNITY TRANSIT DOCUMENT T 2 L IS COMPLETED TO ESTABLISH THE COMMUNITY NATURE OF GOODS NOT MOVING UNDER COMMUNITY TRANSIT PROCEDURE SHALL CONFORM TO THE SPECIMEN IN ANNEX XI . THE DOCUMENT SHALL BE ISSUED AND USED IN ACCORDANCE WITH THE PROVISIONS OF TITLE V .

9 . THE YELLOW LABEL FOR WHICH PROVISIONS IS MADE IN ARTICLE 48 ( 2 ) OF REGULATION ( EEC ) NO 222/77 SHALL BE AS SHOWN IN THE SPECIMEN IN ANNEX XII .

ARTICLE 2

1 . THE PAPER USED FOR COMMUNITY TRANSIT DECLARATION FORMS , LOADING LISTS , TRANSIT ADVICE NOTES AND RECEIPTS SHALL BE DRESSED FOR WRITING PURPOSES AND WEIGH AT LEAST 40 G/M2 . THE PAPER USED FOR COMMUNITY DECLARATIONS AND LOADING LISTS SHOULD BE SUFFICIENTLY OPAQUE FOR THE INFORMATION ON ONE SIDE NOT TO AFFECT THE LEGIBILITY OF THE INFORMATION ON THE OTHER SIDE . ITS STRENGTH SHOULD BE SUCH THAT IN NORMAL USE IT DOES NOT EASILY TEAR OR CREASE .

2 . THE PAPER USED FOR THE FLAT-RATE GUARANTEE VOUCHER AND THE INTERNAL COMMUNITY TRANSIT FORM T 2 L SHALL BE FREE OF MECHANICAL PULP , DRESSED FOR WRITING PURPOSES AND WEIGH AT LEAST 55 G/M2 . THE PAPER SHALL HAVE A PRINTED GUILLOCHE PATTERN BACKGROUND SO AS TO REVEAL ANY FALSIFICATION BY MECHANICAL OR CHEMICAL MEANS . THE BACKGROUND PATTERN SHALL BE :

- RED , FOR THE FLAT-RATE GUARANTEE VOUCHER ,

- GREEN , FOR THE INTERNAL COMMUNITY TRANSIT FORM T 2 L .

3 . THE PAPER USED FOR THE GUARANTEE CERTIFICATE FORM SHALL BE FREE OF MECHANICAL PULP AND WEIGH NOT LESS THAN 100 G/M2 . IT SHALL HAVE A GUILLOCHE PATTERN BACKGROUND , PRINTED IN GREEN ON BOTH SIDES , SO AS TO REVEAL ANY FALSIFICATION BY MECHANICAL OR CHEMICAL MEANS .

4 . THE PAPER REFERRED TO IN PARAGRAPHS 1 , 2 AND 3 SHALL BE WHITE , EXCEPT FOR THE EXTERNAL COMMUNITY TRANSIT FORMS , WHICH SHALL BE PALE BLUE , AND LOADING LISTS , FOR WHICH THE COLOUR OF THE PAPER MAY BE LEFT TO THE CHOICE OF THE USER .

5 . THE SIZES OF THE FORMS SHALL BE :

( A ) 210 BY 297 MM FOR COMMUNITY TRANSIT DECLARATIONS , LOADING LISTS AND FOR THE INTERNAL COMMUNITY TRANSIT DOCUMENT T 2 L , A TOLERANCE IN THE LENGTH OF - 5 OR + 8 MM BEING ALLOWED ;

( B ) 210 BY 148 MM FOR THE TRANSIT ADVICE NOTE AND THE GUARANTEE CERTIFICATE ;

( C ) 148 BY 105 MM FOR THE RECEIPT AND FLAT-RATE GUARANTEE VOUCHER .

6 . THE FORMS SHALL BE PRINTED AND COMPLETED IN ONE OF THE OFFICIAL LANGUAGES OF THE COMMUNITY .

IN THE CASE OF COMMUNITY TRANSIT DECLARATION FORMS , LOADING LISTS AND THE INTERNAL COMMUNITY TRANSIT DOCUMENT T 2 L , THE COMPETENT AUTHORITIES OF THE MEMBER STATE OF DEPARTURE SHALL DESIGNATE THE LANGUAGE TO BE USED AND THE COMPETENT AUTHORITIES OF ANOTHER MEMBER STATE IN WHICH SUCH DOCUMENTS ARE PRESENTED MAY , AS NECESSARY , REQUIRE A TRANSLATION INTO THE LANGUAGE , OR ONE OF THE OFFICIAL LANGUAGES , OF THAT MEMBER STATE .

THE LANGUAGE TO BE USED FOR THE GUARANTEE CERTIFICATE SHALL BE DESIGNATED BY THE COMPETENT AUTHORITIES OF THE MEMBER STATE RESPONSIBLE FOR THE GUARANTEE OFFICE .

7 . THE COMMUNITY TRANSIT DECLARATION FORMS AND THE FLAT-RATE GUARANTEE VOUCHERS SHALL SHOW THE NAME AND ADDRESS OF THE PRINTER OR A MARK ENABLING THE PRINTER TO BE IDENTIFIED . THE FLAT-RATE GUARANTEE VOUCHERS SHALL BE SERIALLY NUMBERED AS A MEANS OF IDENTIFICATION .

8 . MEMBER STATES SHALL BE RESPONSIBLE FOR THE PRINTING OF THE GUARANTEE CERTIFICATE FORMS . EACH CERTIFICATE MUST BE NUMBERED FOR PURPOSES OF IDENTIFICATION .

9 . MEMBER STATES SHALL ALSO BE RESPONSIBLE FOR THE PRINTING OF THE INTERNAL COMMUNITY TRANSIT DOCUMENT T 2 L . SUCH FORMS MAY ALSO BE PRINTED BY PRINTERS APPOINTED BY THE MEMBER STATE IN WHICH THEY ARE ESTABLISHED , IN WHICH CASE EACH FORM SHALL MAKE REFERENCE TO THE APPOINTMENT . EACH FORM SHALL SHOW THE NAME AND ADDRESS OF THE PRINTER , OR A MARK ENABLING THE PRINTER TO BE IDENTIFIED , AND BE...