31971R0304
Official Journal of the European Communities 63
12.2.71 Official Journal of the European Communities No L 35 /31
REGULATION (EEC) No 304/71 OF THE COMMISSION
of 11 February 1971
on simplification of the Community transit procedure for goods carried by rail
THE COMMISSION OF THE EUROPEAN COM HAS ADOPTED THIS REGULATION : MUNITIES,
TITLE I Having regard to the Treaty establishing the European Economic Community ; General Provisions
Having regard to Council Regulation (EEC) No Article 1 542/69* of 18 March 1969 on Community transit, and in particular Article 58 ( 1 ) (c) thereof; Formalities under the Community transit procedure Whereas the railway authorities have set up, for their shall be simplified in accordance with the following own purposes, an accounting system whereby it is provisions for carriage of goods effected by railway possible to ascertain the movement of goods by rail authorities under cover of an International over the various networks concerned under cover of Consignment Note (CIM) or International Express an International Consignment Note (CIM) or of an Parcels Consignment Note (TI Ex) International Express Parcels Consignment Note (TI Ex), provided for in the International Convention of 25 February 1961 concerning the carriage of goods Article 2 by rail ;
Whereas customs authorities can effect overall The International Consignment Note or the customs control of transit operations within the International Express Parcels Consignment Note shall Community by using the records held at the be treated : accounting offices of the railway authorities ; ( a) with respect to goods referred to in Article 1 (2) Whereas it is possible, therefore, to simplify of Regulation (EEC) No 542/69, as a TI Community transit procedure in international rail declaration or document as the case may be; transport by providing, in . particular, that International Consignment Notes and International ( b) with respect to goods referred to in Article 1 (3 ) Express Parcels Consignment Notes are to be treated of the above-mentioned Regulation, as a T2 as Community transit documents and that return of a declaration or document as the case may be. copy of those documents to the office of departure is not required ; Article 3 Whereas in view of the fact that International Consignment Notes and International Express Parcels Consignment Notes do not include copies intended The railway authorities of each Member State shall make available to the customs authorities of their for statistical purposes and do not contain all the information necessary for establishing transit country the records held at their accounting offices in order to facilitate effective customs control. statistics in each of the Member States some special provisions must be adopted in this respect;
Whereas the measures provided for in this Regulation Article 4 are in accordance with the Opinion of the Committee on Community Transit ; 1 . The railway authorities which accept the goods for carriage accompanied by an International 1 OJ No L 77, 29.3.1969, p . 1 . Consignment Note or International Express Parcels
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Consignment Note shall be the principal as regards 2. With respect to goods referred to in Article the transit procedure concerned. 1 (2) of Regulation (EEC) No 542/69, the office of departure shall indicate, on copy No 3 of the Consignment Note, that the goods to which that 2 . The railway authorities of the Member State document refers are carried under the . external through whose territory goods enter the Com Community transit procedure. munity shall be the principal as regards the transit procedure concerning goods accepted for carriage by To this end, it shall clearly mark the symbol TI in the railway authorities of a third country. the space 'description of goods'.
3 . All copies of the Consignment Note shall be Article 5 returned to the party concerned.
The . railway authorities shall ensure that 4. With respect to goods referred to in Article consignments carried under the Community transit 1 (3 ) of Regulation (EEC) No 542/69, each Member procedure are identified by labels marked State may provide that the goods may, under 'Douane/Zoll/Dogana'. Such labels shall be attached conditions which it shall determine, be placed under to the Consignment Note or Express Parcels Internal Community transit procedure without it Consignment Note and to the railway wagon, where being necessary to submit the Consignment Note a full load is concerned, or to the package or covering the goods concerned to the office of packages in other cases. departure.
5 . The customs office for the station of destination Article 6 shall act as office of destination. However, if the goods are entered for home use or placed under some Where the contract of carriage is modified with the other customs procedure at an intermediate station, result that : the competent office for that station shall act as office of destination — a carriage operation which was to end outside the Community ends within the Community; Article 8 — a carriage operation which was to end within the Community ends outside the Community; As a general rule; and account being taken of the railway authorities shall not perform the modified identification measures applied by the railway contract except with the prior agreement of the office authorities, the office of departure shall not seal the of departure; means of transport or the packages.
Where the contract of carriage is modified with the result that the carriage operation is ended within the Article 9 Member State of departure, performance of the modified contract shall be subject to conditions to be 1 . The railway authorities of the Member State in determined by the customs authorities of that Mem ber State . • which the competent office of destination is situated shall forward to the latter copies Nos 2 and 3 of the Consignment Note. In all other cases, the railway authorities may perform the modified contract; they shall forthwith 2. The office of destination shall return, without inform the office of departure of the modification made. delay, to the railway authorities copy No 2 after stamping it and shall retain copy No 3 .
TITLE II TITLE III
Movement of goods between Member States Carriage of goods to or from third countries
Article7¶
1 . If a carriage operation starts and is to end 1 . If a carriage operation starts within the Com within the Community, the Consignment Note shall munity and is to end outside the Community, be submitted to the office of departure. Articles 7 and 8 shall apply.
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2 . The customs office for the frontier station under cover of the International Express Parcels through which the goods in transit leave the territory Consignment Note . of the Community shall act as office of destination.
Article 15 3 . There are formalities to be carried out at the office of destination. With respect to carriage operations effected under cover of the International Express Parcels Consignment Note : Article 11
( a ) the endorsement required under Article 7 (2) 1 . Where a carriage operation starts outside the shall be entered in the copy known as the Community and is to end within the Community, the waybill ; customs office for the frontier station through which the goods enter the Community shall act as office of (b) the copy known as the waybill and a copy of the departure. No formalities need be carried out at the International Express Parcels Consignment Note office of departure. showing if appropriate the endorsement referred to in ( a) above shall, in application of Article 9, 2 . The customs office for the station of destination be forwarded to the office of destination which shall act as office of destination. However, if the shall return, without delay, to the railway goods are entered for home use or placed under some authorities the copy known as the waybill after other customs procedure at an intermediate station having stamped that copy and the copy retained the competent office for that station shall act as office by that office. of destination .
The formalities prescribed by Article 9 shall be carried out at the office of destination . TITLE V
Article12¶
1 . Where a carriage operation starts and is to end Article 16 outside the Community, the customs offices which are to act as office of departure and office of 1 . For the purpose of compiling transit statistics, destination shall be as laid down in Article 11 ( 1 ) and the railway authorities shall supply the competent Article 10 (2) respectively. department for external trade statistics in the Member State of departure with the necessary 2 . No formalities need be carried out at the offices information regarding each operation under the of departure or destination . Community transit procedure in which, pursuant to Article 4, they have acted as principals .
Article 13 2 . Until a Community procedure is introduced for the purpose of applying paragraph 1 and of Goods being the subject of a carriage operation to transmitting information to the competent which Article 11 ( 1 ) or Article 12 ( 1 ) applies shall be department for external trade statistics in Member considered as moving under the external Community States, other than the Member State of departure, the transit procedure unless movement certificate DD3 or territory of which is crossed during any given an internal Community transit document, drawn up operation under the Community transit procedure for the purpose of establishing the Community nature each Member State shall determine the method of the goods concerned, is submitted in respect of whereby the national railway authorities are to supply them . the necessary information to the competent national government department.
TITLE IV 3 . The railway authorities shall not, for the purpose of applying paragraphs 1 and 2, require the Provisions relating to express packages consignor to supply in addition to the information shown in the International Consignment Note or Article 14 International Express Parcels Consignment Note, further information apart from the name of the Subject to Article 15 , the provisions of Titles II and countries of consignment and destination of the III of this Regulation shall also apply to carriage goods carried .
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TITLE VI Article 19
Final provisions This Regulation shall not preclude the use of the procedure provided for in Regulation (EEC) No Article 17 542/ 69 .
The provisions of Titles II and III of Regulation In such case, Articles 3 and 5 shall nevertheless apply. (EEC) No 542/69 which have no further purpose for the application of this Regulation, in particular Articles 12 (3 ) to (6), 17, 23 , 26 ( 1 ), and 41 thereof, Furthermore, copy No 2 of the Consignment Note or shall not apply. the copy known as the waybill of the International Express Parcels Consignment Note shall be submitted at one of the customs offices for the different stations Article 18 involved in the operation under the Community The provisions of this Regulation shall : transit procedure. That office shall apply its stamp after ascertaining that carriage of the goods is ( a) not prejudice the application of Regulation (EEC) covered by one or more Community transit No 2315 /69 1 on the use of Community transit documents . documents for the purpose of applying Community measures for verifying the use and/or destination of goods ; Article 20 (b ) in no way affect obligations relating to formalities concerning export, re-export, import or re-import. This Regulation shall enter into force on 1 July 1971 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels , 11 February 1971 .
For the Commission
The President
Franco M. MALFATTI
3 OJ No L 295 , 24.11.1969, p. 14.