31971R2766

Official Journal of the European Communities 1023

24.12.71 Official Journal of the European Communities No L 283 /33

REGULATION (EEC) No 2766/71 OF THE COMMISSION

of 23 December 1971

supplementing Regulation (EEC) No 1279/71 on the use of Community transit documents for the purpose of applying certain measures on the exportation of certain goods

THE COMMISSION OF THE EUROPEAN COM­ '3 . The customs office referred to in paragraph 1 MUNITIES, shall insert in the customs document under cover of which the goods are to be carried one or other of the indications set out in Having regard to the Treaty establishing the Article 2 .' European Economic Community ; (b ) Articles 4a and 5a, worded as follows, shall be Having regard to Council Regulation (EEC) No added : 542/69 1 of 18 March 1969 on Community transit, and in particular Article 58 ( 1 ) (b) thereof; 'Article 4a

Whereas Commission Regulation (EEC ) No 1279/712 1 . Where the measure referred to in Article 1 (2) of 17 June 1971 on the use of Community transit provides for the giving of a guarantee, such documents for the purpose of applying certain guarantee shall be provided in cases where, measures on the exportation of certain goods set out according to the information contained in the rules for the movement of goods within the customs document, the goods referred to in Community, the exportation of which from the Article 1 ( 1 ) moving between two points Community is prohibited or subject to restrictions, within the Community are, during transit, to duty or other charge; whereas these rules should be leave the territory of the Community amplified to include provisions concerning a otherwise than by air. guarantee for the purpose of enforcing the measures applicable on exportation of goods from the Community ; 2. The guarantee shall be effected with the customs office at which the formalities required for dispatch of the goods have been Whereas the measures provided for in this Regulation copipleted or with any other body designated are in accordance with the Opinion of the Committee for that purpose by the Member State for on Community Transit; which that customs office acts, in manner determined by the competent authorities of that Member State. In the case of measures HAS ADOPTED THIS REGULATION : imposing a duty or other charge, the guarantee need not be provided where the Article 1 goods are carried under the Community transit procedure and a guarantee otherwise than in cash has been given or exemption Regulation (EEC) No 1279/71 shall be supplemented from the giving of a guarantee is provided for as follows : in view of the identity of the principal .'

(a) A paragraph 3 , worded as follows, shall be added 'Article 5a to Article 3 :

In cases where the goods referred to in Article 1 ( 1 ) and moving in accordance with Article 4a, 1 OJ No L 77, 29.3.1969, p . 1 . whether or not by air, do not re-enter the 2 OJ No L 133, 19.6.1971 , p. 32. Community within the period prescribed, they

1024 Official Journal of the European Communities

shall be treated as having been irregularly Article 2 exported to a third country from the Member State whence they were dispatched unless it can This Regulation shall enter into force on the third be proved that they were lost through force day following its publication in the Official Journal majeure or accidental circumstances . of the European Communities .

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

Done at Brussels, 23 December 1971 .

For the Commission

The President

Franco M. MALFATTI