27. 2, 90 Official Journal of the European Communities No L 51/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 474/90 of 22 February 1990 amending, with a view to abolishing lodgement of the transit advice note on crossing an internal frontier of the Community, Regulation (EEC) No 222/77 on Community transit THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having ‘regard to the Treaty establishing the European Economic. Community, and in particular Article 100a. thereof, Having regard to the proposal from the Commission ('), - In cooperation with the European Parliament (3, Having regard to the opinion of the Economic.and Social Committee (%), Whereas Regulation (EEC) No 222/77 (¥, as last amended by Regulation (EEC) No 1674/87 (%), provides, inter alia, that the carrier is obliged to present a transit advice note to the customs office at the point of entry into -each Member State through the territory of which goods pass in the course of a-Community transit operation ; whereas that same Regulation lays-down that the purpose of the transit advice note is to make it possible, in cases where goods are not produced at the office of -destination, to substantiate the presumption as to the Member State where the irregularity took place and where any charges payable are to be collected ; Whereas, at the meeting of the European Council held on 28 and 29 June 1985 in Milan, the Commission: presented -a White Paper on completing the internal market of the Community which set the end of 1992 as the deadline for achieving that goal; whereas the Euro- pean Council -endorsed that objective ; Whereas the said-White Paper provided.in particular that, as- an. intermediate stage, further measures should be introduced to simplify formalities at the internal frontiers of the Community and, in this connection, listed aboli- tion of lodgement of the transit advice note as the first item in its timetable for completing the internal market by 1992; () OJ No C 245, 26. 9. 1989, p. 4. (3 OJ No C 323, 27. 12. 1989, p. 62 and Decision of 14 February 1990 (not yet published in the Offi- cial Journal). () 0J No C 329, 30. 12. 1989, p. 58. (9 OJ No L 38, 9. 2. 1977, p. I. (9 O] No L 157, 17. 6. 1987, p. 1. Whereas abolition of ‘the -transit advice note at internal frontiers necessitates the adaptation of the legal frame- work with regard to determining the amount of charges payable in cases where goods are not produced at the office of destination and also the Member State empo- wered to collect such charges; Whereas abolitionn of the transit advice note for intra- Community trade shall not lead to its reintroduction in another form, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 222/77 is hereby amended as follows : 1. Article 22 (1) is replaced by the following : ‘1. The carrier shall give a transit advice note only to: (a) each customs office at the point of exit from the Community when the consignment is leaving the territory of the Community in the course of a Community transit operation via a frontier between a Member State and a third country; (b) each office of transit at the point of entry into the Community, where the goods have passed through the territory of a third country. The design of the transit advice note required in the case of passage through the territory of a third country in_transit shall be determined in accordance with the procedure laid down in Article 57.; 2. Article 36 is amended as follows : (a) in paragraph 2, subparagraph (d) is deleted; (b) the following new paragraph 3 is added : ‘3.- When the consignment has not been produced at the office of destination and the place of the offence or irregularity cannot be established, such offence or irregularity shall be deemed to have been committed : — in the Member State to which the office of departure belongs, or