2.6.2005 Official Journal of the European Union L 139/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 837/2005 of 23 May 2005 amending Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 291392 establishing the Community Customs Code THE COUNCIL OF THE EUROPEAN UNION, (4 In order to allow travellers to carry out transit operations the customs authorities should authorise the use of transit declarations made in writing where the travellers . g cannot directly access the computerised transit system. Having regard to the Treaty establishing the European Y p Y Community, (5)  Since some Member States need to develop and implement necessary tools and links in order to allow all economic operators to be linked to the computerised transit system, a transitional period permitting the use of transit declarations made in writing should be envisaged. Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof, Having regard to the proposal from the Commission, (6)  Except in cases where the customs’ computerised transit system or the principal’s application are not functioning, the customs authorities accepting transit declarations Whereas: made in writing should ensure that the transit data is exchanged between the customs authorities using infor- mation technology and computer networks. (1)  Pursuant to Decision No 210/97/EC of the European Parliament and of the Council of 19 December 1996 adopting an action programme for customs in the Community (Customs 2000) (3), the Community transit system has been computerised. The system has been fully operational in the Member States since 1 July 2003 and has been proven to be reliable and satisfactory both for customs administrations and for economic operators. (8)  Commission Regulation (EEC) No 2454/93 (}) should therefore be amended accordingly, (7 In the absence of an opinion delivered by the Customs Code Committee, it is up to the Council to adopt the necessary measures. (2)  Under those circumstances it is no longer economically justified to permit formalities to be carried out on the HAS ADOPTED THIS REGULATION: basis of a transit declaration made in writing, the use of which implies that the customs authorities are obliged to enter manually the declaration data into the compu- Article 1 terised system. In general, all transit declarations should therefore be lodged using a data-processing technique. Regulation (EEC) No 245493 is hereby amended as follows: (3)  The use of transit declarations made in writing should 1. Article 353 shall be replaced by the following: only be permitted in exceptional cases, where customs’ computerised transit system or the principal’s application ‘Article 353 are not functioning, in order to allow economic operators to carry out transit operations. 1. Transit declarations shall comply with the structure and particulars set out in Annex 37a, and shall be lodged () O] L 302, 19.10.1992, p. 1. Regulation as last amended by the at the office of departure using a data-processing technique. 2003 Act of Accession. (® O] L 33, 4.2.1997, p. 24. Decision as amended by Decision () OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu- No 105/2000[EC (O] L 13, 19.1.2000, p. 1). lation (EC) No 2286/2003 (O] L 343, 31.12.2003, p. 1).