Elimination of controls and formalities applicable to baggage

To ensure the free movement of goods in the internal market, this Regulation aims to eliminate controls on the cabin and checked baggage of persons taking an intra-Community flight. It also applies to the baggage of persons making an intra-Community sea-crossing.

ACT

Council Regulation (EEC) No 3925/91 of 19 December 1991 concerning the abolition of controls and formalities applicable to the cabin and checked baggage of persons taking an intra-Community flight and the baggage of persons making an intra-Community sea-crossing [See amending acts].

SUMMARY

In order to establish an area without internal frontiers in which there is free movement of goods, this Regulation prohibits the carrying-out of controls and formalities in respect of:

• the cabin and checked baggage of persons taking an intra-Community flight;
• the baggage of persons making an intra-Community sea-crossing.

Flights aboard an aircraft

Any control and any formality in respect of the hand and checked baggage of persons taking a flight aboard an aircraft:

• shall be carried out at the last airport when the flight began at a non-Community airport and continues between two Community airports;
• shall be carried out at the airport of departure when the flight, following a stopover at a Community airport, has to continue to a non-Community airport.

Private or business aircraft are to be controlled at the first airport of arrival which must be an international Community airport where the flights in question began at a non-Community airport and continue between two Community airports. The baggage in question is to be controlled at the last international Community airport when the flights in question began at a Community airport and continue, after a stop, to a non-Community airport.

Sea crossings

Any control and any formality in respect of the baggage of persons using a shipping service is to be carried out in the port where the baggage in question is loaded or unloaded when the service is carried out by the same vessel, comprises successive legs and terminates or calls at a non-Community port.

The baggage of persons using pleasure craft is to be controlled in any Community port.

Cabin and checked baggage

Checked baggage that comes from a non-Community airport and is transferred at a Community airport to another aircraft proceeding on an intra-Community flight is to be controlled at the airport of destination of the intra-Community flight.

Baggage loaded on to an aircraft proceeding on an intra-Community flight for transfer at another Community airport to an aircraft whose destination is a non-Community airport is to be controlled at the airport of departure of the intra-Community flight.

Baggage that arrives at a non-Community airport and is transferred, at a Community airport, to an aircraft making an intra-Community flight is to be controlled at the airport of arrival of the aircraft.

Baggage on board an aircraft which makes an intra-Community flight in order to be transferred, at another Community airport, to an aircraft leaving for a non-Community airport is to be controlled at the airport of departure of the aircraft.

RELATED ACTS

Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code [Official Journal L 253 of 11.10.1993]. This Regulation lays down implementing provisions for the Community Customs Code. The Regulation lays down special measures applying to cabin and hold luggage for passenger traffic. These measures are designed to prevent Regulation (EEC) No 3925/91 from being a potential source of fraud and, especially, to avoid goods being transferred before being checked. The Regulation also lays down arrangements by which the competent authorities can identify baggage for which controls and formalities have been eliminated.

Council Regulation (EEC) No 3912/92 of 17 December 1992 on controls carried out within the Community in the field of road and inland waterway transport in respect of means of transport registered or put into circulation in a third country [Official Journal L 395 of 31.12.1992]. Council Regulation (EEC) No 4060/89 of 21 December 1989 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport [Official Journal L 390 of 30.12.1989].

Last updated: 11.04.2006