31971R1079

Official Journal of the European Communities 285

28.5.71 Official Journal of the European Communities No L 116/7

REGULATION (EEC) No 1079/71 OF THE COUNCIL

of 25 May 1971 amending Articles 35 and 48 of Regulation (EEC) No 542/69 on Community transit

THE COUNCIL OF THE EUROPEAN COMMUNITIES, dispatched, the yellow label provided for in Article 48 of Regulation (EEC) No 542/69 be affixed both Having regard to the Treaty establishing the on the packages and on the accompanying European Economic Community, and in particular documents ; Article 235 thereof;

Having regard to the proposal from the HAS ADOPTED THIS REGULATION : Commission ;

Article 1 Having regard to the Opinion of the European Parliament1 ; 1 . A second paragraph shall be added to Article 35 of Regulation (EEC) No 542/69, as follows : Having regard to the Opinion of the Economic and Social Committee ; 'Where the guarantor has not been notified by the office of departure of the non-discharge of the T1 Whereas Article 27 of Council Regulation (EEC) No document, he shall be released from his 542/692 of 18 March 1969 on Community transit obligations on expiry of a period of twelve requires the principal to furnish a guarantee which as months from the date of registration of the T1 a rule takes the form of a joint and several guarantee declaration.' of a natural or legal third person; 2. The second paragraph of Article 35 of Whereas Article 35 of that Regulation provides that Regulation (EEC) No 542/69 shall also apply to T1 the guarantor is released from his obligations when declarations which were registered before the date of the Tl document has been discharged at the office of entry into force of this Regulation . In such cases the departure; whereas, however, the need for certainty twelve month period shall be calculated from that in the law entails in certain circumstances that date. persons who act as guarantors be afforded the certainty of being released from their obligations on Article 2 expiry of a fixed period which it seems appropriate to set at twelve months calculated from the date of registration of the Community transit declaration ; In the second sentence of paragraph 2 of Article 48 of Regulation (EEC) No 542/69 the words 'to the Whereas in order to ensure that the provisions of the packages or to the accompanying documents' are Treaty on free movement of goods apply, as regards replaced by the words 'to the packages and to the goods sent by post, only to goods which satisfy the accompanying documents'. conditions laid down in Articles 9 and 10 of that Treaty, it should be provided that, in cases where Article 3 goods which do not satisfy those conditions are

This Regulation shall enter into force on the third 1 OJ No C 45, 10.5.1971, p. 39. day following its publication in the Official Journal 2 OJ No L 77, 29.3.1969, p. 1. of the European Communities.

286 Official Journal of the European Communities

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

Done at Brussels, 25 May 1971 .

For the Council

The President

M. COINTAT