Avis juridique important

Council Regulation (EEC) No 679/85 of 18 February 1985 introducing a specimen declaration form to be used in trade in goods within the Community Official Journal L 079 , 21/03/1985 P. 0007 Spanish special edition: Chapter 02 Volume 13 P. 0047 Portuguese special edition Chapter 02 Volume 13 P. 0047

+++++ ( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL . ( 2 ) OJ NO C 71 , 16 . 3 . 1983 , P . 1 . ( 3 ) OJ NO C 161 , 20 . 6 . 1983 , P . 168 . ( 4 ) OJ NO C 211 , 8 . 8 . 1983 , P . 4 . COUNCIL REGULATION ( EEC ) NO 679/85 OF 18 FEBRUARY 1985 INTRODUCING A SPECIMEN DECLARATION FORM TO BE USED IN TRADE IN GOODS WITHIN THE COMMUNITY THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 678/85 OF 18 FEBRUARY 1985 SIMPLIFYING FORMALITIES IN TRADE IN GOODS WITHIN THE COMMUNITY ( 1 ) , AND IN PARTICULAR ARTICLE 4 THEREOF , HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 2 ) , HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ) , HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 4 ) , WHEREAS REGULATION ( EEC ) NO 678/85 SUBSTITUTED A SINGLE DOCUMENT FOR THE FORMS CURRENTLY USED IN INTRA-COMMUNITY TRADE IN GOODS FOR DECLARATION OF DISPATCH , INTERNAL COMMUNITY TRANSIT , ENTRY OF COMMUNITY GOODS FOR HOME USE OR ENTRY OF GOODS UNDER ANY OTHER PROCEDURE IN THE MEMBER STATE OF DESTINATION ; WHEREAS ARTICLE 4 ( 1 ) OF THE REGULATION ( EEC ) NO 678/85 PROVIDES THAT THE SPECIMEN DECLARATION FORM IS TO BE ADOPTED BY THE COUNCIL , ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION ; WHEREAS THE PRESENTATION OF THE FORM IN QUESTION MUST ENABLE IT TO BE USED IN COMPUTERIZED SYSTEMS FOR PROCESSING DECLARATIONS ; WHEREAS , THEREFORE , PROVISION SHOULD BE MADE FOR IT TO BE ADAPTED TO THE TECHNICAL CONSTRAINTS INHERENT IN SUCH SYSTEMS ; WHEREAS ARTICLE 12 OF THE AFOREMENTIONED REGULATION ( EEC ) NO 678/85 PROVIDED FOR ECONOMIC OPERATORS TO HAVE THE OPTION OF USING , FOR EACH OF THE STAGES OF AN OPERATION INVOLVING TRADE IN GOODS BETWEEN TWO MEMBER STATES , ONLY THOSE COPIES OF THE DECLARATION NECESSARY FOR COMPLETION OF THE FORMALITIES RELATING TO THAT PARTICULAR STAGE , TO WHICH MAY BE ATTACHED , AS APPROPRIATE , THE COPIES NECESSARY FOR COMPLETION OF THE FORMALITIES RELATING TO ONE OR OTHER OF THE SUBSEQUENT STAGES OF THAT OPERATION ; WHEREAS USE OF THIS OPTION HAS NO EFFECT ON THE STRUCTURE OF THE VARIOUS COPIES OF THE SINGLE DOCUMENT ; WHEREAS THIS MAKES IT POSSIBLE TO MODIFY THE COMPOSITION OF THE SETS OF FORMS LIKELY TO BE USED IN THIS WAY ; WHEREAS THE INTRODUCTION OF THE DECLARATION FORM CONCERNED MUST LEAD TO STANDARDIZATION OF THE INFORMATION TO BE SUPPLIED IN THE CONTEXT OF INTRA-COMMUNITY TRADE ; WHEREAS THE FORM SHOULD BE RESTRICTED TO INFORMATION WHICH MAY JUSTIFIABLY BE REQUIRED FOR THE PURPOSES OF SUCH TRADE ; WHEREAS , FOR REASONS RELATING BOTH TO LANGUAGE PROBLEMS AND TO THE USE OF COMPUTER TECHNOLOGY , SUCH INFORMATION MUST BE ALLOCATED COMMUNITY CODE NUMBERS ; WHEREAS SOME OF THE INFORMATION TO BE INCLUDED ON THE FORM IS REQUIRED BY NATIONAL REGULATIONS WHICH ARE COMPATIBLE WITH COMMUNITY LAW ; WHEREAS IT IS THEREFORE UNNECESSARY TO REQUIRE THE PRODUCTION OF SUCH INFORMATION IN MEMBER STATES WHICH DO NOT APPLY SUCH REGULATIONS ; WHEREAS ALL THE INFORMATION WHICH USERS NEED TO COMPLETE THE FORM EASILY SHOULD BE SUMMARIZED IN AN EXPLANATORY NOTE ; WHEREAS THIS NOTE MUST BE READILY AVAILABLE TO USERS ; WHEREAS , SINCE THE OBJECT OF THIS REFORM IS THE OVERALL SIMPLIFICATION OF THE FORMALITIES CONCERNED , THE INTRODUCTION OF A SINGLE DECLARATION FORM MUST NOT IN PRACTICE REPRESENT FOR USERS A RETROGRADE STEP IN COMMERCIAL TERMS BY COMPARISON WITH THE SIMPLIFICATION OF PROCEDURE AT PRESENT ALLOWED ; WHEREAS IT MUST NOT THEREFORE CONFLICT WITH THE EXISTENCE OF SIMPLIFIED PROCEDURES ; WHEREAS , TO FURTHER THE STANDARDIZATION OF DOCUMENTS , THIS COMMUNITY FORM MUST BE ALIGNED ON THE LAYOUT KEY DRAWN UP UNDER THE AUSPICES OF THE UNITED NATIONS ECONOMIC COMMISSION FOR EUROPE , HAS ADOPTED THIS REGULATION : ARTICLE 1 1 . WITHOUT PREJUDICE TO THE POSSIBILITY OF SEPARATION PROVIDED FOR IN ARTICLE 12 OF REGULATION ( EEC ) NO 678/85 , THE DECLARATIONS REFERRED TO IN ARTICLE 4 ( 1 ) OF THAT REGULATION MUST BE ENTERED ON COM FORMS MADE UP : - EITHER AS A SET OF SEVEN COPIES , IN ACCORDANCE WITH THE SPECIMEN CONTAINED IN ANNEX I , - OR , PARTICULARLY IN THE EVENT OF ISSUE BY MEANS OF A COMPUTERIZED SYSTEM FOR PROCESSING DECLARATIONS , OF TWO SUCCESSIVE SETS OF FOUR COPIES , IN ACCORDANCE WITH THE SPECIMEN CONTAINED IN ANNEX II . 2 . THE COM FORMS MAY , IF NECESSARY , BE SUPPLEMENTED BY ONE OR MORE COM/C FORMS MADE UP : - EITHER AS A SET OF SEVEN COPIES , IN ACCORDANCE WITH THE SPECIMEN CONTAINED IN ANNEX III , - OR OF TWO SETS OF FOUR COPIES , IN ACCORDANCE WITH THE SPECIMEN CONTAINED IN ANNEX IV . BY WAY OF DEROGATION FROM THE FIRST SUBPARAGRAPH , MEMBER STATES SHALL HAVE THE OPTION OF NOT AUTHORIZING THE USE OF COM/C FORMS IN THE EVENT OF USE OF A COMPUTERIZED SYSTEM FOR PROCESSING DECLARATIONS WHICH ISSUES SUCH DECLARATIONS . ARTICLE 2 1 . THE FORMS REFERRED TO IN ARTICLE 1 MUST BE COMPLETED IN ACCORDANCE WITH THE EXPLANATORY NOTE . 2 . MEMBER STATES SHALL ENSURE THAT USERS HAVE READY ACCESS TO COPIES OF THE NOTE REFERRED TO IN PARAGRAPH 1 . ARTICLE 3 THE PROVISIONS FOR APPLYING THIS REGULATION , AND IN PARTICULAR THOSE RELATING TO : - THE FORMULATION OF THE CODES TO BE USED IN CONNECTION WITH THE SINGLE DOCUMENT , - THE QUALITY OF THE PAPER , THE SIZE OF THE FORMS AND THE COLOUR OF THE COPIES , - THE ADAPTATION , AS NECESSARY , OF THE SPECIMEN FORM TO THE TECHNICAL CONSTRAINTS INHERENT IN THE USE OF THE FORM , THE FORMULATION OF THE CODES OR THE PROCESSING OF THE DECLARATIONS BY MEANS OF A COMPUTERIZED SYSTEM , - THE NOTE REFERRED TO IN ARTICLE 2 , SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 17 OF REGULATION ( EEC ) NO 678/85 . ARTICLE 4 EACH MEMBER STATE SHALL INFORM THE COMMISSION NOT LATER THEN 30 JUNE 1987 OF THE INFORMATION WHICH IT WILL REQUIRE , WITHIN THE LIMITS OF THE INFORMATION INCLUDED IN THE COM FORM , FOR COMPLETION OF THE FORMALITIES AT DISPATCH , ON THE ONE HAND , AND AT DESTINATION , ON THE OTHER HAND . ANY SUBSEQUENT AMENDMENT SHALL ALSO BE COMMUNICATED BEFOREHAND TO THE COMMISSION . THE COMMISSION SHALL ENSURE THAT THE INFORMATION THUS OBTAINED IS PUBLISHED IN THE " C " SERIES OF THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . ARTICLE 5 THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL APPLY FROM 1 JANUARY 1988 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 18 FEBRUARY 1985 . FOR THE COUNCIL THE PRESIDENT G . ANDREOTTI

+++++

( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

( 2 ) OJ NO C 71 , 16 . 3 . 1983 , P . 1 .

( 3 ) OJ NO C 161 , 20 . 6 . 1983 , P . 168 .

( 4 ) OJ NO C 211 , 8 . 8 . 1983 , P . 4 .

COUNCIL REGULATION ( EEC ) NO 679/85 OF 18 FEBRUARY 1985 INTRODUCING A SPECIMEN DECLARATION FORM TO BE USED IN TRADE IN GOODS WITHIN THE COMMUNITY

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 678/85 OF 18 FEBRUARY 1985 SIMPLIFYING FORMALITIES IN TRADE IN GOODS WITHIN THE COMMUNITY ( 1 ) , AND IN PARTICULAR ARTICLE 4 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 2 ) ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ) ,

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 4 ) ,

WHEREAS REGULATION ( EEC ) NO 678/85 SUBSTITUTED A SINGLE DOCUMENT FOR THE FORMS CURRENTLY USED IN INTRA-COMMUNITY TRADE IN GOODS FOR DECLARATION OF DISPATCH , INTERNAL COMMUNITY TRANSIT , ENTRY OF COMMUNITY GOODS FOR HOME USE OR ENTRY OF GOODS UNDER ANY OTHER PROCEDURE IN THE MEMBER STATE OF DESTINATION ;

WHEREAS ARTICLE 4 ( 1 ) OF THE REGULATION ( EEC ) NO 678/85 PROVIDES THAT THE SPECIMEN DECLARATION FORM IS TO BE ADOPTED BY THE COUNCIL , ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION ;

WHEREAS THE PRESENTATION OF THE FORM IN QUESTION MUST ENABLE IT TO BE USED IN COMPUTERIZED SYSTEMS FOR PROCESSING DECLARATIONS ; WHEREAS , THEREFORE , PROVISION SHOULD BE MADE FOR IT TO BE ADAPTED TO THE TECHNICAL CONSTRAINTS INHERENT IN SUCH SYSTEMS ;

WHEREAS ARTICLE 12 OF THE AFOREMENTIONED REGULATION ( EEC ) NO 678/85 PROVIDED FOR ECONOMIC OPERATORS TO HAVE THE OPTION OF USING , FOR EACH OF THE STAGES OF AN OPERATION INVOLVING TRADE IN GOODS BETWEEN TWO MEMBER STATES , ONLY THOSE COPIES OF THE DECLARATION NECESSARY FOR COMPLETION OF THE FORMALITIES RELATING TO THAT PARTICULAR STAGE , TO WHICH MAY BE ATTACHED , AS APPROPRIATE , THE COPIES NECESSARY FOR COMPLETION OF THE FORMALITIES RELATING TO ONE OR OTHER OF THE SUBSEQUENT STAGES OF THAT OPERATION ; WHEREAS USE OF THIS OPTION HAS NO EFFECT ON THE STRUCTURE OF THE VARIOUS COPIES OF THE SINGLE DOCUMENT ; WHEREAS THIS MAKES IT POSSIBLE TO MODIFY THE COMPOSITION OF THE SETS OF FORMS LIKELY TO BE USED IN THIS WAY ;

WHEREAS THE INTRODUCTION OF THE DECLARATION FORM CONCERNED MUST LEAD TO STANDARDIZATION OF THE INFORMATION TO BE SUPPLIED IN THE CONTEXT OF INTRA-COMMUNITY TRADE ; WHEREAS THE FORM SHOULD BE RESTRICTED TO INFORMATION WHICH MAY JUSTIFIABLY BE REQUIRED FOR THE PURPOSES OF SUCH TRADE ; WHEREAS , FOR REASONS RELATING BOTH TO LANGUAGE PROBLEMS AND TO THE USE OF COMPUTER TECHNOLOGY , SUCH INFORMATION MUST BE ALLOCATED COMMUNITY CODE NUMBERS ;

WHEREAS SOME OF THE INFORMATION TO BE INCLUDED ON THE FORM IS REQUIRED BY NATIONAL REGULATIONS WHICH ARE COMPATIBLE WITH COMMUNITY LAW ; WHEREAS IT IS THEREFORE UNNECESSARY TO REQUIRE THE PRODUCTION OF SUCH INFORMATION IN MEMBER STATES WHICH DO NOT APPLY SUCH REGULATIONS ;

WHEREAS ALL THE INFORMATION WHICH USERS NEED TO COMPLETE THE FORM EASILY SHOULD BE SUMMARIZED IN AN EXPLANATORY NOTE ; WHEREAS THIS NOTE MUST BE READILY AVAILABLE TO USERS ;

WHEREAS , SINCE THE OBJECT OF THIS REFORM IS THE OVERALL SIMPLIFICATION OF THE FORMALITIES CONCERNED , THE INTRODUCTION OF A SINGLE DECLARATION FORM MUST NOT IN PRACTICE REPRESENT FOR USERS A RETROGRADE STEP IN COMMERCIAL TERMS BY COMPARISON WITH THE SIMPLIFICATION OF PROCEDURE AT PRESENT ALLOWED ; WHEREAS IT MUST NOT THEREFORE CONFLICT WITH THE EXISTENCE OF SIMPLIFIED PROCEDURES ;

WHEREAS , TO FURTHER THE STANDARDIZATION OF DOCUMENTS , THIS COMMUNITY FORM MUST BE ALIGNED ON THE LAYOUT KEY DRAWN UP UNDER THE AUSPICES OF THE UNITED NATIONS ECONOMIC COMMISSION FOR EUROPE ,

HAS ADOPTED THIS REGULATION :

1 . WITHOUT PREJUDICE TO THE POSSIBILITY OF SEPARATION PROVIDED FOR IN ARTICLE 12 OF REGULATION ( EEC ) NO 678/85 , THE DECLARATIONS REFERRED TO IN ARTICLE 4 ( 1 ) OF THAT REGULATION MUST BE ENTERED ON COM FORMS MADE UP :

- EITHER AS A SET OF SEVEN COPIES , IN ACCORDANCE WITH THE SPECIMEN CONTAINED IN ANNEX I ,

- OR , PARTICULARLY IN THE EVENT OF ISSUE BY MEANS OF A COMPUTERIZED SYSTEM FOR PROCESSING DECLARATIONS , OF TWO SUCCESSIVE SETS OF FOUR COPIES , IN ACCORDANCE WITH THE SPECIMEN CONTAINED IN ANNEX II .

2 . THE COM FORMS MAY , IF NECESSARY , BE SUPPLEMENTED BY ONE OR MORE COM/C FORMS MADE UP :

- EITHER AS A SET OF SEVEN COPIES , IN ACCORDANCE WITH THE SPECIMEN CONTAINED IN ANNEX III ,

- OR OF TWO SETS OF FOUR COPIES , IN ACCORDANCE WITH THE SPECIMEN CONTAINED IN ANNEX IV .

BY WAY OF DEROGATION FROM THE FIRST SUBPARAGRAPH , MEMBER STATES SHALL HAVE THE OPTION OF NOT AUTHORIZING THE USE OF COM/C FORMS IN THE EVENT OF USE OF A COMPUTERIZED SYSTEM FOR PROCESSING DECLARATIONS WHICH ISSUES SUCH DECLARATIONS .

ARTICLE 2

1 . THE FORMS REFERRED TO IN ARTICLE 1 MUST BE COMPLETED IN ACCORDANCE WITH THE EXPLANATORY NOTE .

2 . MEMBER STATES SHALL ENSURE THAT USERS HAVE READY ACCESS TO COPIES OF THE NOTE REFERRED TO IN PARAGRAPH 1 .

THE PROVISIONS FOR APPLYING THIS REGULATION , AND IN PARTICULAR THOSE RELATING TO :

- THE FORMULATION OF THE CODES TO BE USED IN CONNECTION WITH THE SINGLE DOCUMENT ,

- THE QUALITY OF THE PAPER , THE SIZE OF THE FORMS AND THE COLOUR OF THE COPIES ,

- THE ADAPTATION , AS NECESSARY , OF THE SPECIMEN FORM TO THE TECHNICAL CONSTRAINTS INHERENT IN THE USE OF THE FORM , THE FORMULATION OF THE CODES OR THE PROCESSING OF THE DECLARATIONS BY MEANS OF A COMPUTERIZED SYSTEM ,

- THE NOTE REFERRED TO IN ARTICLE 2 ,

SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 17 OF REGULATION ( EEC ) NO 678/85 .

EACH MEMBER STATE SHALL INFORM THE COMMISSION NOT LATER THEN 30 JUNE 1987 OF THE INFORMATION WHICH IT WILL REQUIRE , WITHIN THE LIMITS OF THE INFORMATION INCLUDED IN THE COM FORM , FOR COMPLETION OF THE FORMALITIES AT DISPATCH , ON THE ONE HAND , AND AT DESTINATION , ON THE OTHER HAND .

ANY SUBSEQUENT AMENDMENT SHALL ALSO BE COMMUNICATED BEFOREHAND TO THE COMMISSION .

THE COMMISSION SHALL ENSURE THAT THE INFORMATION THUS OBTAINED IS PUBLISHED IN THE " C " SERIES OF THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

ARTICLE 5

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY FROM 1 JANUARY 1988 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 18 FEBRUARY 1985 .

FOR THE COUNCIL

THE PRESIDENT

G . ANDREOTTI