31973R0385

14.2.73 Official Journal of the European Communities No L 42/ 1

I

(Acts whose publication is obligatory)

REGULATION (EEC ) No 385/73 OF THE COMMISSION

of 19 January 1973

on the methods of administrative cooperation to safeguard during the transitional period the free movement of goods in trade between the Community as originally constituted and the new Member States and in trade between the new Member States themselves

THE COMMISSION OF THE EUROPEAN Whereas, for this purpose, account must be taken COMMUNITIES , of the provisions in force and in particular those of Regulation ( EEC) No 542/69 (3) of the Council of Having regard to the Treaty establishing the Euro­ 18 March 1969 on Community transit; pean Economic Community, Whereas on these grounds it is considered necessary Having regard to the Treaty concerning the Accession to introduce internal Community transit documents, of the Kingdom of Denmark, Ireland, and the United comparable with those used in the Community as Kingdom of Great Britain and Northern Ireland to originally constituted, and designated in particular by the European Economic Community and to the a different number; European Atomic Energy Community^);

Having regard to the Act concerning the Conditions HAS ADOPTED THE FOLLOWING REGULATION : of Accession and the Adjustments to the Treaties (2), in particular Article 45 ( 1 ); TITLE I Whereas in accordance with the provisions of the aforesaid Article the methods of administative co­ GENERAL PROVISIONS operation shall be determined in order to ensure that goods fulfilling the requisite conditions benefit from the abolition of customs duties and charges Article 1 having equivalent effect and quantitative restrictions and measures having equivalent effect; 1 . The present regulation lays down the methods of administrative cooperation intended to ensure that Whereas customs duties and charges having equiv­ goods fulfilling the requisite conditions shall benefit alent effect shall be progressively abolished on im­ in trade between the Community as originally consti­ ports between the Community as originally consti­ tuted and the new Member States and in trade be­ tuted and the new Member States themselves ; tween the new Member States themselves from the progressive abolition of customs duties and charges Whereas it is desirable during the transitional period having equivalent effect and the abolition of quan­ to be able to distinguish goods accordingly as titative restrictions and measures having equivalent they fulfil the conditions laid down in Articles 9 effect, provided for in the Act concerning the Con­ and 10 of the Treaty establishing the European Econ­ ditions of Accession and the Adjustments to the omic Community in the Community as originally Treaties annexed to : constituted or in a new Member State ; — the Treaty concerning the Accession of the King­ dom of Denmark, Ireland and the United King­

C) OJ No L 73 , 27. 3 . 1972, p. 5. (2) OJ No L 73 , 27 . 3 . 1972, p. 14. (3) OJ No L 77, 29. 3 . 1969, p. 1 .

No L 42/2 Official Journal of the European Communities 14.2.73

dom of Great Britain and Northern Ireland to the —. compensatory amounts as prescribed in European Economic Community and the Euro­ Article 55 of the Act of Accession ; pean Atomic Energy Community, and — levies and other import charges provided for under the common agricultural policy; — the Decision of the Council of the European communities concerning the accession of the said States to the European Coal and Steel Com­ which were applicable to them in that Member munity, State, or which have benefited from a total or partial remission or repayment of such duties, hereinafter referred to as the 'Act of Accession '. charges, amounts, levies or other import charges, provided that any compensatory levy due by 2. For the purposes of the present Regulation, the virtue of the provisions to be laid down by the Community as originally constituted is regarded as Commission pursuant to Article 45 (2) of the Act a single Member State. of Accession has been paid.

Article2¶

The provisions referred to in Article 1 ( 1 ) shall apply Subject to the application of the special provision of under the conditions laid down by this Regulation the Act of Accession and in particular those of Article to : 112 (3 ), the provisions referred to in Article 1 ( 1 ) shall not apply to the following products, when they (a) goods produced in a Member State, including are re-exported to another Member State : those wholly or partly obtained from products on which have been charged as appropriate : (a) products imported into the Community as orig­ inally constituted under the arrangements result­ — customs duties and charges having equivalent ing from : effect; — the Convention of Association between the — compensatory amounts as prescribed in Article 55 of the Act of Accession ; European Economic Community and the African and Malagasy States associated with — levies and other import charges provided for that Community ( signed on 29 July 1969); under the common agricultural policy — the Agreement establishing an Association at the rates which were applicable to them in between the European Economic Community that Member State and which have not benefited and the United Republic of Tanzania, the from a total or partial remission or repayment Republic of Uganda and the Republic of of such duties, charges, levies or other import Kenya (signed on 24 September 1969 ); or charges ; — the Council Decision of 29 September 1970 on the association of the overseas countries (b) goods from third countries, in respect of which and territories with the European Economic import formalities have been observed in a Community ; Member State and on which have been charged as appropriate : (b ) products : — customs duties and charges having equivalent effect; — originating in the independent countries of the Commonwealth listed in Annex VI of the — levies and other import charges provided for Treaty of Accession; under the common agricultural policy — originating in the non-European territories at the rates which were applicable to them in listed in Article 24 of the Treaty of Accession, that Member State and which have not benefited enjoying a special relationship with the United from a total or partial remission or repayment of Kingdom of Great Britain and Northern Ire­ such duties, charges, levies or other import land ; charges ; « — products originating in or coming from (c) goods produced in a Member State and in the Papua-New Guinea manufacture of which have been incorporated products on which have not been charged : which are imported into the United Kingdom under the special arrangements applying to them — customs duties and charges having equivalent mentioned in Articles 109 (3 ), 119 (2) and 116 effect; respectively, of the Act of Accession ;

14. 2 . 73 Official Journal of the European Communities No L 42/3

(c) products originating in the Anglo-French Con­ — when the goods are exported from the Com­ dominium of the New Hebrides which are im­ munity as originally constituted where they satisfy ported into the United Kingdom or France under the conditions laid down in Article 2 (a) or (b); the special arrangements mentioned in Article 119 (2) of the Act of Accession ; — when the goods are exported from the Com­ munity as originally constituted into which they (d) products originating in the Faroe Islands im­ were originally imported from a new Member ported into the other regions of Denmark under State and when, where appropriate : the special arrangements mentioned in Protocol 2, of the Act of Accession. — customs duties and charges having equivalent effect;

Article 4 — compensatory amounts as prescribed in Article 55 of the Act of Accession ;

1 . The provisions of Article 1 ( 1 ) shall apply to have been paid in the original Community and goods which move under the internal Community the goods have not benefited from a total or transit procedure or, if this procedure is not used, partial drawback of such duties. under cover of a document establishing their Com­ munity status. (b) a T3 declaration : 2. Goods referred to in paragraph 1 above which — when the goods are exported from a new Mem­ move under the internal Community transit pro­ cedure shall be covered by : ber State where they satisfied the conditions laid down in Article 2 (a), (b) or (c); — a document T2 or T3 ; or — when the goods are exported from the Com­ — an International Consignment Note or an Inter­ munity as originally constituted where they national Express Parcels Consignment Note hav­ satisfied the conditions laid down in Article 2 (c); ing equivalent effect to a document T2 or T3 . — when the goods are exported from a new Mem­ 3 . Goods referred to in paragraph 1 above which ber State into which they were imported from do not move under the internal Community tran­ another new Member State or from the Com­ sit procedure shall be covered by : munity as originally constituted and when, where appropriate : — a document T2L or T3L; — a circulation certificate DD3 ; or — customs duties and charges having equivalent — a circulation certificate DD5 . effect;

— compensatory amounts as prescribed in Article 55 of the Act of Accession; TITLE II have been paid in the new exporting Member PROVISIONS CONCERNING GOODS WHICH MOVE State and the goods have not benefited from a UNDER THE INTERNAL COMMUNITIY TRANSIT PROCEDURE total or partial drawback of such duties.

Section I Article 6

Procedure laid down by Commission Regulation (EEC) In derogation from the provisons of Article 5 (a) No 542/69, Title III agricultural goods and certain goods processed from agricultural goods in respect of which the necessary export procedures have been completed with a view Article 5 to the grant of compensatory amounts prescribed in Article 55 of the Act of Accession shall, when they are exported from the Community as originally con­ Goods shall; in order to move under the internal stituted, be covered by a T3 declaration in order to Community transit procedure, be covered by : move under the internal Community transit pro­ (a) a T2 declaration : cedure.

No L 42/4 Official Journal of the European Communities 14 . 2 . 73

Article7¶

1 . Without prejudice to the provisions of Article 5 Save as otherwise provided in this Regulation, the the competent customs authorities may issue a new provisions as regards the internal Community transit T2 document, or a new document having the same procedure provided for in Regulation (EEC) No effect for the purpose of the provisions of Article 1 542/69 and in the statutory provisions for the ' im­ ( 1 ), for goods which, after having been imported into a Member State under cover of a T2 document, or a plementation of the said Regulation applies to goods moving under a T3 document. document having the same effect for the purpose of the provisions of Article 1 ( 1 ), are re-exported in the same state to another Member State . Article 10

The provisions laid down in Article 15 ( 1 ) of Regu­ 2. As regards the goods referred to in paragraph 1 which have been cleared for home use a new docu­ lation (EEC) No 542/69 need not be applied in ment may be issued only if the exporter furnishes respect of the T3 form. all the necessary information, especially particulars of the home use entry, so that the competent customs authorities can establish that the goods to be re­ Section II exported are those which at the time of their entry for home use had been covered by the original document. Simplified procedure applicable to goods transported by rail 3 . The new document must refer to the document produced on importation of the goods and must Article 11 contain all the particulars shown on that document.

4. The provisions of paragraph 1 to 3 shall apply, For the purpose of implementing the provisions of Commission Regulation (EEC) No 304/71 (2) of 11 mutatis mutandis, to goods imported into a Member State under cover of a document T3 or a document February 1971 concerning the simplification of Com­ having the same effect for the purposes of the pro­ munity transit procedures for goods transported by rail : visions of Article 1 ( 1 ).

— the International Consignment Note or the Inter­ Article 8 national Express Parcels Consignment Note drawn up in respect of goods accepted for 1 . A T3 declaration is a declaration made on a T3 transport by the railway authorities of an original form supplemented, where appropriate, by one or Member State shall have equivalent effect to a more forms T3 bis . The forms must correspond, document T2 provided it does not bear the except as regards the spaces reserved for national indication Tl in accordance with the provisions use, to the specimens shown in Annexes A and B of Article 7 (2) of the aforesaid Regulation or respectively. T3 in accordance with the provisions of Article 12 (2) below; 2. "White dressed writing paper weighing between 40 — the International Consignment Note or the Inter­ and 65 g/m2 shall be used. It must be sufficiently national Express Parcels Consignment Note opaque for the information contained on one side drawn up in respect of goods accepted for trans­ not to impair the legibility of the information con­ port by the railway authorities of a new Member tained on the other side. It must be sufficiently State shall have equivalent effect to a document strong to ensure that under normal handling it will T3 , provided it does not bear the indication Tl not tear or crumple. The front of each copy of these in accordance with the provisions of Article 7 (2) forms shall be printed with two red diagonal stripes of the aforesaid Regulation or of T2 in accordance running from the bottom left-hand corner to the with the provisions of Article 12 ( 1 ) below. top right-hand corner. These diagonal lines shall be about 2 mm wide and 6 to 7 mm apart. Article 12 3 . The provisions of Commission Regulation (EEC) 1 . When goods which had they been placed under No 1617/69 (1 ) of 31 July 1969 on the declaration one of the Community transit procedures other than forms for Community transit, with the exception of those formulated by Commission Regulation (EEC) Articles 1 ( 1 ) and 1 (2) and Article 3 , shall apply No 304/71 , would have been covered by a T2 dec­ to forms T3 and T3 bis .

(J) OJ No L 212, 25 . 8 . 1969, p. 1 . (2) OJ No L 35, 12. 2. 1971 , p. 31 .

14. 2. 73 Official Journal of the European Communities No L 42/5

laration in accordance with the provisions of Article corner. These diagonal lines shall be about 2 mm in width and be 6 to 7 mm apart. 7 ( 1 ) of this Regulation, are accepted for transport by the railway authorities of the new Member State, the office of .departure shall add 'T2', clearly visible, 2. The provisions of Commission Regulation (EEC) in the 'Description of goods' box of the International No 2313/69, Article 2, paragraphs (2) to (4), shall Consignment Note or in the 'Contents' box of the apply to the T3L document. . International Express Parcels Consignment Note. Article IS The addition T2 shall be authenticated by the stamp of the office of departure. The conditions for use and issue laid down in Regu­ lation (EEC) No 2313/69, Articles 3 to 8 for T2L 2. When goods which had they been placed under shall apply to document T3L. one of the Community transit procedures other than those formulated by Commission Regulation (EEC) Article 16 No 304/71, would be covered by a document T3 in accordance with the provisons of Articles 5 (b) sec­ ond indent, 6 or 7 (4) of this Regulation, are ac­ 1 . If, in accordance with the provisions of the De­ cepted for transport by one of the railway authorities cision of the Commission of 19 December 1969 (*), of the Community as originally constituted, the of­ on adaptation of the methods of administrative co­ fice of departure shall add 'T3 ', clearly visible, in the operation introduced for the purpose of applying 'Description of goods' box of the International Con­ Article 9 (2) of the EEC Treaty to the new rules signment Note or in the 'Contents' box of the Inter­ applicable in the field of Community transit, a move­ national Express Parcels Consignment note. ment certificate on DD3 is used for :

— goods falling within the categories referred to in Article 5 (a), such goods are deemed to be mov­ TITLE III ing under cover of a document T2 provided the movement certificate has been issued in the Community as originally constituted and bears PROVISIONS CONCERNING GOODS THAT DO NOT no special indication ; MOVE UNDER THE COMMUNITY TRANSIT PROCEDURE — goods falling within the categories referred to in Article 5 (b), first or third indents, such goods Article 13 are deemed to be moving under cover of a docu­ ment T3 provided the movement certificate has been issued in a new Member State and bears 1 . If the goods referred to under Article 5 (a) do not no special indication. move under the Community transit procedure, the internal Community transit document used to estab­ 2. The special indication referred to in the preceding lish the Community status of the said goods shall be paragraph shall be the addition of: drawn up on a single copy form T2L corresponding to the specimen annexed to Commission Regulation . — a 'T3 ' indication on certificates issued in the Com-, (EEC) No 23i3 /69 (1 ) of 19 November 1969 on the munity as originally constituted for goods which internal Community transit document for establish­ if they had been placed under the Community ing the Community status of the goods. transit procedure would have been covered by a document T3 in accordance with the provisions 2. If the goods referred to under Article 5 ( b) and 6 of Articles 5 (b), second indent, 6 or 7 (4) of do not move under Community transit procedure, this Regulation ; the internal Community transit document used to establish the Community status of the said goods — a 'T2' indication on certificates issued in a new shall be drawn up on a single copy form T3L. Member State for goods which if they had been placed under the Community transit procedure would have been covered by a document T2 in accordance with the provision of Article 7 ( 1 ) of Article 14 this Regulation.

1 . The T3L form must conform to the specimen 3 . The T2 or T3 indication shall be placed clearly shown in Annex C. The front of the form shall be visible under 'DD3 ' in the top right-hand corner of printed with two red diagonal lines running from the first page of the certificate and shall be authenti­ the bottom left-hand corner to the top right-hand cated by the stamp of the issuing customs office.

(*) OJ-No L 295, 24. 11 . 1969, p. 8 . (2) OT No L 13 , 19. 1 . 1970, p. 13 .

No L 42/6 Official Journal of the European Communities 14.2.73

Article 17 2. The competent authorities must fix such yellow label, or ensure that it is fixed, to the packages and 1 . The document establishing the Community status accompanying documents when : of fish caught by ships of one Member State and un­ ( a) the goods are dispatched from a post office lo­ loaded in another Member State, either in their cated in a Member State and, had they been natural state or after having undergone preservative placed under the Community transit procedure treatment on board provided the treatment would they could not have been covered by a de­ not have the effect of excluding the fish from Chap­ claration T2 or T3 ; ter 3 of the Common Customs Tariff, shall be the DD5 movement of goods certificate issued and pre­ (b) the goods are dispatched from a post office lo­ sented under the conditions laid down in Com­ cated in the Community as originally constituted mission Decision of 30 July 1964( 1 ) on the insti­ and had they been placed under the Community tution of a special method of administrative co­ transit procedure they would have been covered operation for applying intra-Community treatment by a document T3 in accordance with the pro­ to the fish caught by vessels of Member States. visions of Article 5 ( b), second indent, Article 6 or Article 7 (4) of this Regulation.

In such cicumstances, the goods referred to may 2. Such catches shall be deemed to originate in the benefit from the procedure referred to in Article Member State in which the customs office that issued 1 ( 1 ) only if a document T3L is produced in the the book of DD5 forms used is located . Member State of destination.

Article 19 Article 18 Goods accompanying travellers or contained in their luggage shall benefit from the provisions of Article 1 . Postal consignments (including postal packages) 1 ( 1 ): are deemed to fall within : ( a) if they are declared as goods fulfilling the necess­ ( a) the category of goods referred to in Article 5 (a) ary conditions and if there is no doubt as regards when the consignments are dispatched from a the accuracy of this declaration and if the overall post office located in the Community as orig­ value of the goods does not exceed 300 units inally constituted ; of account per traveller; or (b) the categories of goods referred to in Article 5 (b ) in other cases, if a document T2L or T3L, as ( b) first or third indents when the consignments appropriate, is produced. are dispatched from a post office located in a new Member State ; Article 20 provided that no yellow label of the type shown in Commission Regulation (EEC) No 542/69, Annex This Regulation shall enter into force on the day H, is affixed to the packages and the accompanying of its publication in the Official Journal of the Euro­ documents. pean Communities.

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

Done at Brussels, 19 January 1973 .

For the Commission The President Francois-Xavier ORTOLI

{l) OJ No L 137, 23 . 8 . 1964, p. 2293/64.

EXAMINATION BY OFFICE OF DEPARTURE Results of examination : Seals affixed : Time-limit (date) : Remarks :

At ; on Stamp and signatur (place of signature) (date)

EXAMINATION BY OFFICE OF DEPARTURE Results of examination : Seals affixed : Time-limit (date) : Remarks :.

At , on Stamp and signature (place of signature) (date)

60 TRANSHIPMENTS AND OTHER INCIDENTS DURING CARRIAGE

DETAILS AND MEASURES TAKEN ( 1 ) DATE STAMP OF COMPETENT AUTHORITY

(1 ) The name and address of any new carrier should In particular be stated CONTROL BY OFFICE OF DESTINATION Date of arrival : ' Examination of seats : Remarks :

At on Stamp and signature (place of signature) (date)

(Space reserved for office of destination)

(Space reserved for general purposes)

CONTROL BY OFFICE OF DESTINATION Date of arrival : Examination of seals : Remarks :

At on Stamp and signature (place of signature) (date)

Registered under No Returned to the office of departure.

(Space reserved for other purposes)

REQUEST FOR VERIFICATION OF THIS T3 L DOCUMENT The undersigned customs officer requests that the authenticity of this document and the accuracy of the information shown therein be verified. Official Stamp

At ... 19 (place of signature) (date)

(Signature)

RESULT OF VERIFICATION The verification carried out by the undersigned customs officer has shown that this document 1 . was duly issued by the customs office named and that the information contained therein is correct (1 ) ; 2. does not satisfy the requirements as to conditions of authenticity and regularity (see remarks annexed hereto) (1 ).

Official Stamp

... 19 (place of signature) (date)

( 1 ) Delete as necessary (Signature)

I. RULES FOR COMPLETION OF FORM T3 L A. A single Form T 3 L shall be made out only for goods dispatched by one means of transport for carriage from one office of departure to one office of destination . B. The Form T 3 L may be used for the purpose of establishing the Community nature of goods to which it refers only where such goods are transported directly from one Member State to another. The following shall be regarded as directly transported from one Member State to another : ( a ) goods transported without passing through the territory of a non-member country ; ( b) goods transported through the territory of one or more non-member countries provided that carriage through such countries is covered by a single transport document made out in a Member State. C. The form shall be completed legibly and indelibly, preferably typed, without erasures or superimposed corrections. Any alterations shall be made by crossing out the incorrect information and by adding the required information as appropriate. Any such alteration shall be initialled by the person making it and countersigned by the customs authorities. D. Only the following items are to be completed : 1 When the goods are transported under the TIR or TIF procedures or the Rhine Manifest procedure, or are covered by an ECS or ATA Carnet, the indication "TIR ", "TIF", " Rhine Manifest ", " ECS " or "ATA" should be entered as the case may be, followed by the date of issue and the number of the document relating to the procedure used. 10 Enter the surname and forenames or name of firm, and address of the person concerned and, if applicable, of the representative. Where the form is signed by a person duly authorised, his name shall be shown in block letters. 30 In respect of goods which are not packed, indicate the number of articles, or if appropriate enter as loose goods. 31 The goods shall be described by their usual commercial name, or in accordance with the tariff nomenclature. 36 This refers to the weight as shown in the commercial documents relating to the consignment. The weight is to be specified in kilogrammes. Gross weight means the total weight of the goods and all packing material . All outside and inside containers, packings, wrappings and supports are regarded as packing ; this excludes transport equipment, in particular containers, and sheets, tackle, covers and other transport . accessories.

II . Production of Forms T3L at customs

Form T3 L shall be produced at the customs office where the goods are to be entered to a customs procedure other than that under which they arrived. If the goods have been transported by sea, air or pipeline, the form T 3 L shall be produced at the customs office at which the goods are placed under a customs procedure.