THE COUNCIL

HAVING REGARD to Article 13 (a) of the Convention for European Economic Co-operation of 16th April 1948;

HAVING REGARD to Section II of the Decision of the Council of 4th February 1952 concerning the Free Circulation of Tourist Publicity Material;

HAVING REGARD to the Decision of the Council of 28th January 1955 concerning the Importation of Tourist Publicity Documents and Material;

CONSIDERING that the provisions of the said Decision will cease to be in force as from 1st February 1958;

DECIDES:

1

Article 1

For the purpose of this Decision, the term “import duties and import taxes” shall mean not only Customs duties, but also all duties and taxes whatever chargeable by reason of importation.

Article 2

Each of the Member countries shall admit free of import duties and import taxes the following articles, provided they are imported from another Member country and that there is no reason to fear abuse:

(a)        Documents (folders, pamphlets, books, magazines, guides, posters framed or unframed, unframed photographs and photographic enlargements, maps whether illustrated or not, printed window transparencies) for free distribution, the chief purpose of which is to encourage the public to visit foreign countries, inter alia to attend cultural, touristic, sporting, religious or professional meetings or demonstrations held in such foreign countries, provided these documents do not contain more than 25 per cent private commercial advertising and are obviously designed for general publicity purposes.

(b)        Lists and year-books of foreign hotels published or sponsored by official tourist agencies and time-tables of transport services operating abroad, when such documents are for free distribution and do not contain more than 25 per cent private commercial advertising.

(c)        Technical material sent to the accredited representatives or correspondents appointed by national official tourist agencies, not intended for distribution, i.e. year-books, telephone directories, lists of hotels, catalogues of fairs, samples of negligible value of handicrafts, documentation about museums, universities, spas and similar institutions.

Article 3

Subject to the conditions laid down in Article 4, the following materials shall be admitted temporarily free of import duties and import taxes, without entering into a bond in respect of those duties and taxes or depositing those duties and taxes, when imported from one of the Member countries chiefly for the purpose of encouraging the public to visit that country, inter alia to attend cultural, touristic, sporting, religious or professionnal meetings or demonstrations held in that country:

(a)        Material intended for display in the offices of the accredited representatives or correspondents appointed by the official national tourist agencies or in other places approved by the Customs authorities of the country of import: pictures and drawings, framed photographs and photographic enlargements, art books, paintings, engravings or lithographs, sculptures and tapestries and other similar works of art.

(b)        Display material (show-cases, stands and similar articles), including electrical and mechanical equipment required for operating such displays.

(c)        Documentary films, records, tape recordings and other sound recordings intended for use in performances at which no charge is made, but excluding those whose subjects lend themselves to commercial advertising and those which are on general sale in the country of importation.

(d)        A reasonable number of flags.

(e)        Dioramas, scale models, lantern-slides, printing blocks, photographic negatives.

(f)         Specimens, in reasonable numbers, of articles of national handicrafts, local costumes and similar articles of folklore.

Article 4

1.            The facilities mentioned in Article 3 shall be granted on the following conditions:

(a)        The material must be despatched either by an official tourist agency or by a national tourist publicity agency affiliated therewith. Proof shall be furnished by presenting to the Customs authorities of the country of import a declaration made out in accordance with the model in Annex I to this Decision by the despatching agency.

A list of official national tourist agencies in Member countries is given in Annex II to this Decision.

(b)        The material must be imported for, and on the responsibility of, either the accredited representatives of the official national tourist agency of the country of despatch or of the correspondent appointed by the aforesaid agency and approved by the Customs authorities of the country of import. The responsibility of the accredited representative or the approved correspondent includes in particular the payment of the import duties and taxes which will be chargeable if the conditions laid down in this Decision are not fulfilled.

(c)        The material imported must be re-exported without alteration by the importing agency. If the material granted temporary free admission is destroyed in accordance with the conditions laid down by the Customs authorities, the importer shall nevertheless be freed from the obligation to re-export.

2.            The privilege of temporary free admission shall be granted for a period of at least twelve months.

Article 5

In the event of fraud, contravention or abuse, the Member countries shall be free to take proceedings for the recovery of the corresponding import duties and import taxes and also for the imposition of any penalties to which the persons who have been granted exemptions or other facilities may have rendered themselves liable.

Article 6

Any breach of the provisions of this Decision, any substitution, false declaration or act having the effect of causing a person or an article improperly to benefit from the system of importation laid down in this Decision may render the offender liable to the penalties prescribed by the laws of the country in which the offence was committed.

Article 7

1.            The Member countries undertake not to impose prohibitions of an economic character with respect to the material referred to in the present Decision and to withdraw progressively such prohibitions of that kind as may still be in force.

2.            The provisions of the present Decision, however, shall not prejudice the application of the laws and regulations relating to the importation of certain articles when such laws and regulations impose prohibitions which are based on considerations of public morality, public security, public health or hygiene.

II

The United Kingdom Government will not apply the provisions of Article 2 to “unframed photographs and photographic enlargements” mentioned in paragraph (a) of that Article. The United Kingdom Government will inform the Organisation of the date on which it will be able to give full effect to the provisions of Article 2.

III

1.            This Decision shall remain in force for a period of three years as from 1st February 1958, except as provided in paragraphs 2 and 3 below. Nevertheless, it shall cease to apply if, before the expiry of that period, the Additional Protocol to the Convention concerning Customs Facilities for Touring, relating to the importation of tourist publicity documents and material, signed in New York on 4th June 1954, is enforced by all the Member countries, the field of application of this Additional Protocol being considered more favourable to the development of world tourism.

2.            The Turkish Government shall inform the Organisation of the date on which it will be able to give effect to this Decision. Until then, it will continue to apply the provisions of Section II of the above-mentioned Decision of the Council of 4th February 1952, notwithstanding the provisions of Section III of that Decision.

3.            The Government of Portugal shall apply the provisions of Article 2 and of paragraph 1 of Article 7 subject to the following conditions: when this Decision is applied in full by all the other Member countries, it shall undertake the necessary legislative action with a view to applying the said provisions, it being understood that such applications should be limited to tourist publicity documents and material sent by an official tourist agency, or under responsibility of the latter, to an accredited representative of that agency or a correspondent named and agreed by the Customs authorities of the importing country.

ANNEX I

Model declaration

(To be made out in the language of the exporting country
with a translation into English or French.)

DECLARATION

FOR THE TEMPORARY FREE ADMISSION
of tourist publicity material, without entering into a bond
in respect of import duties and import taxes
or depositing such duties or taxes

The (name of organisation) is forwarding herewith the following tourist publicity material, addressed to its accredited representative (or the approved correspondent) whose name appears below, for temporary importation, on condition that it shall be re-exported within a period of twelve months and that it will be used solely for the purpose of inducing tourists to visit the country exporting the material.

The (name of organisation) undertakes not to dispose of, either gratis or against payment, the articles temporarily imported without the consent of the Customs Administration of the country importing the material and without having first complied with any formalities required by that Administration.

This material is imported temporarily on the responsibility and against the guarantee of the accredited representative or the approved correspondent whose name appears below.

(a)        List of the material:

….…………………………………………………………………………………………………………….

….…………………………………………………………………………………………………………….

(b)        Name and address of the accredited representative or correspondent to whom the material is consigned:

….…………………………………………………………………………………………………………….

….…………………………………………………………………………………………………………….

(Date, signature and stamp of the official
national tourist agency of the country of
despatch or of a national tourist publicity
agency affiliated therewith)

ANNEX II

List of the official national tourist agencies
of Member countries

AUSTRIA

Oesterreichische Verkehrswerbung

Hohenstaufengasse 3, VIENNA III

BELGIUM

Commissariat général au tourisme

Gare centrale, BRUSSELS

DENMARK

Turistforeningen for Danmark

Danegardspladsen 5/7, COPENHAGEN

FRANCE

Direction générale du tourisme

8, avenue de l'Opéra, PARIS

GERMANY

Deutsche Zentrale für Fremdenverkehr

Beethovenstrasse 69, FRANKFURT A/MAIN

GREECE

Organisme hellénique officiel du tourisme

30, rue Omirou, ATHENS

ICELAND

Iceland Tourist Bureau (Ferdaskrifstofarikisine)

REYKJAVIK

IRELAND

Fogra Failte

93, Pembroke Road, Ballsbridge, DUBLIN

ITALY

Commissariato per il Turismo

Via Vittorio Veneto 56, ROME

LUXEMBOURG

Office luxembourgeois de tourisme

Coin avenue de la Liberté et avenue de la Gare, LUXEMBOURG

NETHERLANDS

Office national néerlandais de tourisme (A.N.V.V.)

Parkstraat 38, THE HAGUE

NORWAY

Norway Travel Association

Hier Heyerdahlgate 1, VIII, OSLO

PORTUGAL

Direction du tourisme

Palacio Foz, Praça dos Restauradores, LISBON

SWEDEN

Swedish Tourist Traffic Association

Klara Vastra Kyrkegata, 3a, STOCKHOLM

SWITZERLAND

Office central suisse du tourisme

Haus Victoria”, Bahnhofplatz 9, ZURICH

TURKEY

Direction générale de la presse, de la radiodiffusion et du tourisme, ANKARA

UNITED KINGDOM

British Travel and Holidays Association

Queen's House, 64/65, St. James’s Street, LONDON S.W. 1