No L 185/8 Official Journal of the European Communities 4.7.92 COMMISSION REGULATION (EEC) No 1823/92 of 3 July 1992 laying down detailed rules for the application of Council Regulation (EEC) No 3925/91 concerning the elimination of controls and formalities applicable to the cabin and hold baggage of persons taking an intra-Community flight and the baggage of persons making an intra-Community sea crossing THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3925/91 of 19 December 1991 concerning the elimination of controls and formalities applicable to the cabin and hold baggage of persons taking an intra-Community flight and the baggage of persons making an intra-Community sea crossing (') and in particular Article 8 thereof, Whereas the elimination of controls and formalities appli- cable to the cabin and hold baggage of persons taking an intra-Community flight must not become a potential source of fraud ; whereas it is important in consequence to avoid all transfers of goods between this baggage and the baggage which must be put under control; Whereas the baggage of persons who have taken or are going to take a flight which originated in or is going to a third country are subject to the controls applicable to the baggage of persons coming from or going to a third country ; whereas specific provisions nevertheless must be made for that part of the flight which is between Community airports ; Whereas specific provisions must be made as regards the place where the controls are applied to cabin and hold baggage of persons making a journey comprising successi- vely an international and an intra-Community flight by different aircraft ; : Whereas it is necessary to regulate the specific case of control of baggage of persons originating in a non-Com- munity airport and transferred in an international Community airport to an aircraft going to an interna- tional airport situated in the same Member State ; whereas the specific case of control of baggage of persons origina- ting in an international Community airport and trans- ferred in an airport situated in the same Member State to an aircraft going to a non-Community airport must also be regulated ; Whereas the arrangements according to which the competent authorities will be able to identify the baggage concerned by the diminuation of controls and formalities must be laid down ; () OJ No L 374, 31. 12. 1991, p. 4. Whereas the measures provided for in this Regulation are in conformity with the opinion of the Committee on the Movement of Air or Sea Passengers’ Baggage, HAS ADOPTED THIS REGULATION : Article 1 This Regulation lays down detailed rules for the applica- ‘tion of Regulation (EEC) No 3925/91, hereinafter referred to as ‘the basic Regulation’. Article 2 1. For the purposes of the basic Regulation and this Regulation, ‘baggage’ means all objects carried, by whatever means, by the person in the course of his journey. 2. In the case of air travel, baggage shall be considered as: — hold baggage if it has been checked in at the airport of departure and is not accessible to the person during the flight nor, where relevant, during the stopovers referred to in Articles 3 (1) and {2) and 5 (1) and (2) of the basic Regulation ; — cabin baggage if the person takes it into the cabin of the aircraft. Article 3 The Member States shall take the necessary measures to ensure that : — on arrival, persons cannot transfer goods before controls have been carried out on the cabin baggage not coverd by Article 1 of the basic Regulation ; — on departure, persons cannot transfer goods after controls have been carried out on the cabin baggage not covered by Article 1 of the basic Regulation ; — on arrival, the appropriate arrangements have been made to prevent any transfer of goods before controls have been carried out on the hold baggage not covered by Article 1 of the basic Regulation ; — on departure, the appropriate arrangements have been made to prevent any transfer of goods after controls have been carried out on the hold baggage not covered by Article 1 of the basic Regulation.