31971R1226
Official Journal of the European Communities 365
15.6.71 Official Journal of the European Communities No L 129/ 1
REGULATION (EEC) No 1226/71 OF THE COMMISSION of 11 June 1971
on simplification of the formalities to be carried out at offices of departure and destination in respect of goods transported under the Community transit procedure
THE COMMISSION OF THE EUROPEAN COM Whereas the measures provided for in this Regulation MUNITIES, are in accordance with the Opinion of the Committee on Community Transit; Having regard to the Treaty establishing the European Economic Community; HAS ADOPTED THIS REGULATION: Having regard to Council Regulation (EEC) No 542/691 of 18 March 1969 on Community transit, Article 1 and in particular Article 58 (1 ) (c) thereof;
Whereas , in order to facilitate the movement of Each Member State may simplify the formalities goods within the Community, each Member State relating to Community transit procedure to be should be granted the right to simplify the formalities carried out at the offices of departure and of relating to Community transit procedure to be destination within its territory, in accordance with carried out at offices of departure and destination the following provisions . situated within its territory;
TITLE I Whereas the formalities to be carried out can be considerably simplified for persons who frequently Formalities at the office of departure send or receive consignments ; whereas detailed provision should be made for such simplification; Article 2 Whereas at present, because the customs office is far The customs authorities of each Member State may away or because of its hours of business, the person concerned frequently fails to carry out the departure authorise any person who fulfils the conditions laid formalities at the place of consignment, and the down in Article 3 and who intends to carry out situation at the place of destination is no different; Community transit operations (hereinafter called 'authorised consignor') not to produce at the office of departure either the goods concerned or a Tl or T2 Whereas, consequently, such persons should be declaration in respect of them. permitted, under certain conditions, to place their goods under the Community transit procedure without producing them or the Tl or T2 declarations Article 3 at the office of departure, and to take delivery at the place of destination without prior presentation at the 1 . The authorisation provided for in Article 2 shall office of destination ; only be granted to persons :
Whereas, furthermore, the simplification of ( a) who frequently send consignments ; formalities at the offices of departure and destination (b) whose records enable the customs authorities to must be such as can be effected in a manner verify the operations ; sufficiently flexible to ensure that the Community and transit procedure and national1 import and export procedures function harmoniously; (c) who, when a guarantee is required under Community transit procedure, have provided a 1 OJ No L 77, 29.3.1969, p. 1 . comprehensive guarantee.
366 Official Journal of the European Communities
2. The customs authorities may withhold Article 6 authorisation from persons not providing the guarantee they consider necessary. 1 . Not later than at the time of consignment of the goods, the authorised consignor shall complete 3 . They may withdraw the authorisation, in declaration T1 or T2, duly filled in, by entering on particular when the authorised persons no longer the back of copies 1 and 2, in the space marked fulfil the conditions stated in paragraph 1 or no 'Examination by Office of Departure', the period longer provide the guarantee ^referred to in within which the goods must be produced at the paragraph 2. office of destination, the identification measures applied and the "words 'simplified procedure'.
Article 4 2. After consignment, copy No 1 shall be sent The authorisation to be issued by the customs without delay to the office of departure. The customs authorities shall specify in particular : authorities may provide, in the authorisation, that copy No 1 be sent to the office of departure as soon ( a ) the customs office or offices which are authorised as the declaration T1 or T2 is completed. The other offices of departure for the consignments ; copies shall accompany the goods in accordance with the provisions of Regulation (EEC) No 542/69. (b) the period within which, and the procedure by which, the authorised consignor is to inform the office of departure of the consignments to be sent 3 . "When the customs authorities of the Member in order that the office may, where required, State of departure carry out an examination at the examine the goods before their departure; departure of a consignment, they shall record the fact in the space marked 'Examination by Office of (c) the period within which the goods must be Departure' on the back of form T1 or T2. produced at the office of destination;
(d) the identification measures to be taken. The customs authorities may prescribe that the means Article 7 of transport or the packages shall bear special seals, accepted by the customs authorities and Declaration T1 or T2, completed by the information affixed by the authorised consignor. specified in Article 6 ( 1 ), shall be the equivalent of document T1 or T2, and the authorised consignor who signed the declaration shall be the principal. Article 5
1 . The authorisation shall stipulate that the 'Office Article 8 of Departure' space on the front of declaration form T1 or T2 : 1 . The authorised consignor shall : ( a) be stamped in advance with the stamp of the office of departure and bear the signature of an ( a ) comply with the provisions of this Regulation official of that office; or and of the authorisation mentioned in Article 4 ;
( b ) be stamped by the approved consignor with a ( b ) take all necessary measures to ensure the special metal stamp approved by the customs safekeeping of the special stamp or of the forms authorities and conforming to the model shown bearing the stamp of the office of departure or in the Annex. The imprint of that stamp may be the imprint of the special stamp. printed in advance on the forms, where the printing is entrusted to a printing works approved for that purpose. 2 . In the event of any person misusing the forms stamped in advance with the stamp of the office of The authorised consignor must fill in that space departure or with the special stamp approved by the by indicating the consignment date of the goods customs authorities, the authorised consignor shall be and must give the declaration a number in liable, without prejudice to criminal proceedings, for accordance with the rules to that effect in the the payment of duties and other charges due in a authorisation . Member State in respect of the goods carried under cover of those forms, unless he proves to the customs 2. The customs authorities may prescribe the use authorities by whom he was authorised that he took of forms bearing a distinctive individual sign. the measures required of him in paragraph 1 ( b).
Official Journal of the European Communities 367
TITLE II Article 11
Formalities at the office of destination 1 . The authorisation granted by the customs authorities shall specify in particular: Article 9 (a) the customs office or offices which are authorised offices of destination for consignments which the 1 . The customs authorities of each Member State authorised consignee receives ; may dispense with production at the office of (b) the period within which, and the procedure by destination of goods transported under a Community which, the Authorised consignee is to inform the transit procedure where the goods are intended for a office of destination of the arrival of the goods in person who fulfils the conditions laid down in Article order that the office may, where required, 10 (hereinafter called ' authorised consignee') examine the goods on arrival . previously authorised by the customs authorities of the Member State in which the office of destination is situated . 2. Without prejudice to the provisions of Article 14, the customs authorities shall specify in the authorisation whether the authorised consignee may 2. In such a case, the principal shall have fulfilled dispose of the goods which have arrived without his obligations under the provisions of Article 13 ( a) action by the office of destination . of Regulation (EEC) No 542/69 from the moment when, within the prescribed period, copies of the Article 12 Community transit document, together with the intact goods, have been handed over to the 1 . In respect of consignments arriving at his authorised consignee at his business premises or at business premises or at the places specified in the the places specified in the authorisation, the authorisation, the authorised consignee must: identification measures having been duly observed. ( a) immediately inform the office of destination, 3 . In respect of each consignment handed over to following the procedure laid down in the him as provided in paragraph 2, the authorised authorisation, of any excess quantities, shortages, consignee shall issue, at the request of the carrier, a substitutions or other irregularities such as receipt stating that the documents and the goods broken seals ; have been handed over to him . ( b) send without delay to the office of destination the copies of document T1 or T2 which accompanied the consignment, indicating the Article 10 date of arrival and the state of any seals affixed.
2 . The office of destination shall make the 1 . Only those persons may be authorised : required entries in the copies of document T1 or T2 which are sent to it. ( a) who frequently receive consignments subject to customs control ; and TITLE III (b) whose records enable the customs authorities to verify the operations . Final provisions
Article 13 2. The customs authorities may withhold authorisation from persons not providing the The customs authorities may apply to authorised guarantee they consider necessary. consignors and authorised consignees any control measures which they consider necessary. The said 3 . They may withdraw the authorisation, in consignors and consignees must submit to such particular when the authorised persons no longer measures . fulfil the conditions stated in paragraph 1 or no longer provide the guarantee referred to in Article 14 paragraph 2. The customs authorities of the Member State of 4. The authorised consignee must comply with the departure or destination may exclude certain provisions of this Regulation and of the authorisation categories of goods from the facilities provided for in referred to in Article 11 . Articles 2 and 9 respectively.
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Article 15 international express parcel dispatch note headed 'waybill' and a copy of a sheet of that note are to be 1 . Where dispensation from production of the delivered direct by the railway authorities to the Community transit declaration at the office of office of destination. departure is applicable to goods referred to in Article 1 (2) of Regulation (EEC) No 542/69 which are to be dispatched under cover of an international Article 16 consignment note or an international express parcel dispatch note, in accordance with the provisions of This Regulation shall be without prejudice to Regulation (EEC) No 304/71 on the simplification of Community transit procedure for goods carried by (a) application of Regulation (EEC) No 2315/692 on rail,1 the customs authorities shall take the necessary the use of Community transit documents for the measures to ensure that copy No 3 of the purpose of applying Community measures for consignment note or the copy of the international verifying the use and/or destination of goods ; express parcel dispatch note headed 'waybill' bears the indication 'Tl \ (b) obligations concerning formalities relating to export, re-export, import or re-import. 2. Where the goods carried under the .simplified procedure provided for in Regulation (EEC) No Article 17 304/71 are intended for an authorised consignee, the customs authorities may provide that, in derogation from Article 9 (2) and Article 12 ( 1 ) (b), copies Nos 2 This Regulation shall enter into force on 1 October and 3 of the consignment note or the copy of the 1971 .
This Regulation shall be binding in its entirety and directly applicable in all Member States . Done at Brussels, 11 June 1971 . For the Commission
The President Franco M. MALFATTI
1 OJ No L 35, 12.2.1971, p . 31 . 2 OJ No L 295 , 24.11.1969, p. 14.