Regulation 1991/3925 - 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 - Main contents

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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

Official Journal L 374 , 31/12/1991 P. 0004 - 0006

Finnish special edition: Chapter 7 Volume 4 P. 0064

Swedish special edition: Chapter 7 Volume 4 P. 0064

COUNCIL REGULATION (EEC) N° 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

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 (1),

In cooperation with the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas Article 8a of the Treaty provides that the internal market shall comprise an area without internal frontiers in which the free movement, in particular, of goods is ensured; whereas in this context ports and airports stand apart as either may constitute, at the same time, an external frontier and an internal border; whereas the application of the principle of freedom of movement should nevertheless result in the elimination of controls on the cabin and hold baggage of persons taking an intra-Community flight and the baggage of persons making an intra-Community sea crossing;

Whereas a journey by air may involve several successive legs some being within Community territory and others outside it; whereas the treatment of some flights must take into account the practicalities of organizing controls and of international competition; whereas specific provision should be made to cover such special cases;

Whereas maritime transport may involve different types of voyage; whereas specific provision should be made to cover certain special cases of maritime transport;

Whereas such specific provisions must be applied without prejudice to safety and security checks,

Whereas Member States must, however, be free to take specific measures compatible with Community law for the purpose of carrying out special controls, inter alia, in order to prevent criminal activities linked in particular to terrorism, drugs and the traffic in works of art,

HAS ADOPTED THIS REGULATION:

Article 1

• 1. 

  Subject to Articles 3, 4 and 5, no controls or formalities shall be carried out in respect of:

• - 

  the cabin and hold baggage of persons taking an intra-Community flight,

• - 

  the baggage of persons making an intra-Community sea crossing.

• 2. 

  This Regulation shall apply without prejudice to:

• - 

  the safety and security checks carried out on baggage by the authorities of the Member States, port or airport authorities or carriers,

• - 

  checks linked to prohibitions or restrictions laid down by the Member States, provided they are compatible with the three Treaties establishing the European Communities.

Article 2

For the purposes of this Regulation:

• 1. 

  'Community airport` means any airport situated in Community customs territory;

2.

'international Community airport` means any Community airport which, having been so authorized by the competent authorities, is approved for air traffic with third countries;

3.

'intra-Community flight` means the movement of an aircraft between two Community airports, without any stopovers, and which does not start from or end at a non-Community airport;

4.

'Community port` means any sea port situated in Community customs territory;

5.

'intra-Community sea crossing` means the movement between two Community ports without any intermediate calls, of a vessel plying...

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