31969R2311

Official Journal of the European Communities 501

24.11.69 Official Journal of the European Communities No L 295/ 1

REGULATION (EEC) No 2311 /69 OF THE COMMISSION

of 19 November 1969 on the procedure for operating the flat-rate guarantee system provided for in Article 32 of Regulation (EEC) No 542/69 on Community transit

THE COMMISSION OF THE EUROPEAN COM­ Whereas, in order to reduce as much as possible the MUNITIES, cost of the guarantee, the classes of goods for which the flat-rate amount may be increased should be limited to those which are subject to high consumer Having regard to the Treaty establishing the taxes in one or more Member States ; European Economic Community;

Whereas, in order to prevent abuse, provision should Having regard to Council Regulation (EEC) No be made for the office of departure exceptionally to 542/691 of 18 March 1969 on Community transit, increase the flat-rate amount where, because of and in particular Article 32 (2) thereof; circumstances peculiar to the carriage of the goods, there are increased risks ; Whereas Regulation (EEC) No 542/69 provides for a flat-rate guarantee system under which, irrespective Whereas in order that the guarantor be liable in of the principal, the guarantor by a single contract respect of specific Community transit operations, guarantees payment up to the amount of 5000 units provision should be made for the issue by the of account of any duties or other charges which may guarantor of guarantee vouchers, drawn up in the become payable in respect of any Community transit name of a principal, which must be handed to the operation carried out under the guarantee ; office of departure when a Community transit declaration is lodged ; Whereas under Article 32 (2) the following are to be determined : Whereas the provisions of this Regulation are in accordance with the Opinion of the Committee on — the model form of guarantee for use under the Community Transit ; flat-rate guarantee system ;

— what carriage of goods may give rise to an HAS ADOPTED THIS REGULATION : increase in the flat-rate amount of 5000 units of account, and the conditions under which such an Article 1 increase shall apply; 1 . When a natural or legal person proposes to — the conditions under which it will be established stand surety upon the conditions referred to in that the flat-rate guarantee shall apply to any Articles 27 and 28 and on the terms laid down in particular Community transit operation ; Article 32 ( 1 ) of Regulation (EEC) No 542/69 on Community transit, the contract of guarantee shall be Whereas the standard form of guarantee should be in the form of the model appearing in Annex I. based upon the specimens contained in Annex F to Regulation (EEC) No 542/69, incorporating such 2. Where national law, regulation, administrative changes as may be necessary to take into account practice or accepted usage so requires, each Member that the guarantee is for a flat-rate amount, that a State may impose the use of a different form o( number of principals will avail themselves of it and guarantee provided it has the same legal, effect. that their identity will be unknown at the time the guarantee is executed; Article 2

1 . The acceptance of the guarantee referred to in 1 OJ No L 77, 29.3.1969, p. 1 . Article 1 by the customs office where it is drawn up

502 Official Journal of the European Communities

('the office of guarantee') shall be the guarantor's 2. "Where, because of circumstances peculiar to the authority to issue, under the terms of the guarantee, carriage of the goods, carriage thereof involves flat-rate guarantee vouchers to persons intending to increased risks and the office of departure therefore act as principal in a Community transit operation considers that the guarantee of 5000 units of account from an office of departure of their choice. The is clearly insufficient, it may exceptionally require a termination of a contract of guarantee shall be guarantee of greater amount in multiples of 5000 notified forthwith to the other Member States by the units of account. Member State in which the office of guarantee is located . 3 . Transport of goods shown in the list appearing in Annex III shall give rise to an increase in the 2 . The guarantor shall be liable up to an amount amount of the flat-rate guarantee where the quantity of 5000 units of account in respect of each flat-rate of goods transported exceeds the quantity guarantee voucher. corresponding to the flat-rate amount of 5000 units of account.

3 . Each flat-rate guarantee voucher shall conform In that case, the flat-rate amount shall be increased to to the model contained in Annex II and shall be in the multiple of 5000 units of account necessary to one of the official languages of the Community. guarantee the quantity of goods to be dispatched.

4. White paper shall be used, free of mechanical 4. In the cases referred to in paragraphs 2 and 3 pulp, dressed for writing purposes and weighing the principal shall deliver to the office of departure between 55 and 65 g/m2. It shall have a printed flat-rate guarantee vouchers corresponding to the guilloche pattern background in red such as to reveal required multiple of 5000 units of account. any falsification by mechanical or chemical means.

Article 4 The size of the form shall be 105 X 148 millimetres .

1 . Where the Community transit declaration 5 . Without prejudice to Article 3 , the principal includes other goods besides those shown in the list may effect one Community transit operation under referred to in Article 3 (3 ), the provisions of this each flat-rate guarantee voucher. The voucher shall Regulation shall be applied as . if the two classes of be delivered to the office of departure and shall be goods were comprised in separate declarations. retained by it. 2. By way of derogation from the provisions of paragraph 1 , account shall not be taken of the Article 3 presence of goods of either class if the quantity or value thereof is relatively unimportant. 1 . Save in the cases referred to in paragraphs 2 and 3 the office of departure shall not require a guarantee in excess of the flat-rate amount of 5000 units of Article 5 account per Community transit declaration whatever the amount of the duties and other charges which This Regulation shall enter into force on the third may attach to the goods comprised in a particular day following its publication in the Official journal declaration. of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 19 November 1969 .

For the Commission The President

Jean REY

Official Journal of the European Communities 503

ANNEX I

MODEL FORM

C.E. (E.C.) E.G.

COMMUNITY TRANSIT GUARANTEE

(Flat-Rate Guarantee System )

I. Undertaking by the Guarantor

1 1 . The undersigned resident at 2 hereby jointly and severally guarantees, at the office of guarantee 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 any amounts for which a principal may 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 including duties, taxes, agricultural levies and other charges—with the exception of pecuniary penalties—as regards principal or further liabilities, expenses and incidental charges with regard to which the undersigned has agreed to be responsible by the issue of guarantee vouchers up to a maximum amount of 5000 units of account per voucher.

2. The undersigned undertakes to pay forthwith, upon the first application in writing by the competent authorities of the Member States, the sums requested up to an amount of 5000 units of account per guarantee voucher.

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 Member 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 responsible for payment of the sums which become payable in respect of Community transit operations covered by this undertaking which began before the date on which the cancellation took effect, even if the demand for payment is made after that date.

4 .3 For the purposes of this undertaking, the undersigned gives his address for service as

and , in each of the other Member States, as care of

1 Surname and forenames , or name of firm . 8 Full address . ' If, in the law of a Member State, there is no provision for giving addresses 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 undertaking in the fourth subparagraph of paragraph 4 must be made to correspond .

504 Official Journal of the European Communities

Member State Surname and forenames or name of firm and full address ' 1

2

3 . . (

4

5 .

>

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 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 ' the full amount being entered in words .

Official Journal of the European Communities 505

ANNEX 11 FRONT

COMMUNITY C.E. E.G. A 000000 TRANSIT (E.C. ) FLAT-RATE GUARANTEE VOUCHER Issued by

(name and address of individual or firm) (Undertaking of the Guarantor accepted on by the Office of Guarantee of

This voucher is valid for an amount of up to 5000 UNITS OF ACCOUNT for one Community transit operation beginning not later than and in respect of which the principal is

(name and address of individual or firm)

Signature of principal! Signature and stamp of guarantor

1 Signature optional .

Name and address of printer.

BACK

To be completed by the office of departure Community transit operation effected under T1/T2 Document registered on under No by the Office at

Stamp Signature

506 Official Journal of the European Communities

ANNEX 111

Quantity corresponding CCT heading No Description of goods to the standard amount of 5000 u.a .

09.01 A I Coffee not roasted 5 000 kg 09.01 A II Coffee roasted 3 500 kg ex 21.02 A Coffee extract and essence 1200 kg 09.02 Tea 3 500 kg ex 21.02 B Tea extract and essence 1200 kg 22.05 A i Alcoholic beverages other than 20 hi 22.06 [ non-sparkling wines ex 22.09 J

ex 22.08 Ί Ethylic alcohol not denatured 10 hi ex 22.09 j 24.02 A Cigarettes 250 000 pieces ex 24.02 B Cigarillos 250 000 pieces ex 24.02 B Cigars 100 000 pieces 24.02 C Smoking tobacco 1250 kg ex 27.10 Petrol, gas-oil 400 hi ex 33.06 Bex 33.06 B Perfumes and toilet waterPerfumes and toilet water 10 hi