Council Regulation (EEC) No 678/85 of 18 February 1985 simplifying formalities in trade in goods within the Community

• Published date: 21 March 1985
• Subject Matter: Free movement of goods,Provisions under Article 235 EEC
• Official Gazette Publication: Official Journal of the European Communities, L 79, 21 March 1985

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Council Regulation (EEC) No 678/85 of 18 February 1985 simplifying formalities in trade in goods within the Community

Official Journal L 079 , 21/03/1985 P. 0001 - 0006
Spanish special edition: Chapter 02 Volume 13 P. 0041
Portuguese special edition Chapter 02 Volume 13 P. 0041

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( 1 ) OJ NO C 203 , 6 . 8 . 1982 , P . 5 .

( 2 ) OJ NO C 42 , 14 . 2 . 1983 , P . 65 .

( 3 ) OJ NO C 90 , 5 . 4 . 1983 , P . 16 .

( 4 ) OJ NO L 38 , 9 . 2 . 1977 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 678/85 OF 18 FEBRUARY 1985 SIMPLIFYING FORMALITIES IN TRADE IN GOODS WITHIN THE COMMUNITY

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 235 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,

WHEREAS AT PRESENT THE FORMALITIES WHICH MUST BE CARRIED OUT BY USERS IN TRADE IN GOODS BETWEEN MEMBER STATES ARE VIRTUALLY IDENTICAL TO THOSE REQUIRED IN TRADE WITH THIRD COUNTRIES ; WHEREAS SUCH A SITUATION IS UNJUSTIFIED AND INCOMPATIBLE WITH THE OBJECTIVES OF THE TREATY ; WHEREAS IT IS OF IMMEDIATE IMPORTANCE FOR TRADE IN GOODS BETWEEN MEMBER STATES TO MOVE AS CLOSELY AS POSSIBLE TOWARDS THE CONDITIONS UNDER WHICH SUCH TRADE TAKES PLACE WITHIN A SINGLE MEMBER STATE ;

WHEREAS SIMPLIFICATION OF THE FORMALITIES IN THIS FIELD WILL HAVE A POSITIVE IMPACT ON THE DEVELOPMENT OF THE TRADE CONCERNED ; WHEREAS IT WILL ALSO PROVIDE AN INCENTIVE FOR FIRMS , PARTICULARLY SMALL FIRMS , TO VIEW THEIR ACTIVITY IN TERMS OF THE WHOLE OF THE COMMUNITY'S INTERNAL MARKET ;

WHEREAS , IN ORDER TO ATTAIN THIS OBJECTIVE , THERE SHOULD FIRST OF ALL BE AN OVERALL SIMPLIFICATION OF THE DOCUMENTS REQUIRED , THE EFFECT OF WHICH WOULD BE TO REPLACE BY A SINGLE ADMINISTRATIVE DOCUMENT THE VARIOUS COMMUNITY OR NATIONAL FORMS CURRENTLY USED IN THE TRADE CONCERNED FOR THE DISPATCH , COMMUNITY TRANSIT AND ENTRY OF COMMUNITY GOODS FOR HOME USE OR THEIR ENTRY UNDER ANY OTHER PROCEDURE IN THE MEMBER STATE OF DESTINATION ; WHEREAS SUCH SIMPLIFICATION MUST APPLY TO ALL COMMUNITY GOODS WITHIN THE MEANING OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY AND THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY THAT ARE THE SUBJECT OF TRADE IN GOODS BETWEEN MEMBER STATES ; WHEREAS THE MODEL SINGLE DOCUMENT MUST BE ADOPTED BY THE COUNCIL ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION ;

WHEREAS SUCH SIMPLIFICATION MUST NOT HAVE THE EFFECT OF CALLING INTO QUESTION THE SIMPLIFIED PROCEDURES AT PRESENT ENJOYED BY A NUMBER OF USERS ; WHEREAS IT MUST NOT HAMPER FURTHER SIMPLIFICATION UNDER AGREEMENTS BETWEEN TWO OR MORE MEMBER STATES ; WHEREAS IT DOES NOT AFFECT THE RULES APPLICABLE WITH REGARD TO REPRESENTATION VIS-A-VIS THE CUSTOMS AUTHORITIES OR REGARDING THE RESPONSIBILITY RESULTING FROM THE TYPE OF REPRESENTATION THAT MAY BE CHOSEN ; WHEREAS IT DOES NOT CONFLICT WITH THE PRINCIPLE OF THE USE OF MODERN TECHNIQUES , NOTABLY COMPUTERIZED TECHNIQUES , FOR THE TRANSMISSION AND PROCESSING OF DATA ;

WHEREAS THE INTRODUCTION OF A SINGLE ADMINISTRATIVE DOCUMENT CONSTITUTES AN INTERMEDIATE STAGE IN THE ABOLITION OF ALL ADMINISTRATIVE DOCUMENTATION IN TRADE IN GOODS BETWEEN MEMBER STATES ; WHEREAS THE NEXT STAGE IN THIS ABOLITION MAY BE ACHIEVED BY DEVELOPING COMPUTERIZED TECHNIQUES ; WHEREAS , HOWEVER , ADMINISTRATIVE PROCEDURES , EVEN WHEN COMPUTERIZED , WILL ONLY BE JUSTIFIED FOR AS LONG AS ADMINISTRATIVE FORMALITIES REMAIN NECESSARY IN THE TRADE CONCERNED , SINCE THE GOAL SET BY THE TREATY IS TOTAL ABOLITION OF THESE FORMALITIES ;

WHEREAS MORE FLEXIBLE PROCEDURES SHOULD ALSO BE PROVIDED FOR IN COMMUNITY TRADE IN GOODS BETWEEN MEMBER STATES BECAUSE OF THE PREFERENTIAL FRAMEWORK WITHIN WHICH SUCH TRADE IS CARRIED ON AND THE SPECIFIC NATURE OF THE CHARGES AND ARRANGEMENTS APPLICABLE TO IT ; WHEREAS IT IS IN PARTICULAR NECESSARY TO ENSURE AS FAR AS POSSIBLE THAT GOODS WHICH ARE THE SUBJECT OF SUCH TRADE ARE NOT HELD UP MORE THAN NECESSARY WHEN THE FORMALITIES REQUIRED ARE BEING COMPLETED , PARTICULARLY WHERE THE DECLARATION LODGED IS INCOMPLETE ; WHEREAS EXTENSIVE ADMINISTRATIVE COOPERATION SHOULD ENABLE A RAPID SOLUTION TO BE FOUND TO MANY PROBLEMS ;

WHEREAS IT IS IMPORTANT TO ENSURE UNIFORM IMPLEMENTATION OF THE PROVISIONS OF THIS REGULATION AND , FOR THIS PURPOSE , TO PROVIDE FOR A COMMUNITY PROCEDURE THAT WILL ALLOW THE ADOPTION WITHIN APPROPRIATE TIME LIMITS OF A NUMBER OF IMPLEMENTING PROVISIONS ; WHEREAS IT IS NECESSARY FOR CLOSE AND EFFECTIVE COOPERATION BETWEEN THE MEMBER STATES AND THE COMMISSION TO BE ORGANIZED FOR THIS PURPOSE WITHIN A COMMITTEE ;

WHEREAS SUCH SIMPLIFICATION IS NECESSARY IN ORDER TO ATTAIN ONE OF THE OBJECTIVES OF THE COMMUNITY ; WHEREAS THE TREATY HAS NOT PROVIDED THE NECESSARY POWERS SPECIFIC FOR THIS PURPOSE AND THIS REGULATION SHOULD THEREFORE BE BASED ON ARTICLE 235 THEREOF ,

HAS ADOPTED THIS...