# EUR-Lex - 52012PC0176 - EN

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# 52012PC0176

**Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the EU-EFTA Joint Committee concerning the adoption of a Decision amending the Convention of 20 May 1987 on a common transit procedure /* COM/2012/0176 final - 2012/0088 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Grounds for and objectives of the
proposal

The accession of Turkey to the Convention
on a common transit procedure of 20 May 1987 involves the introduction of new
linguistic references concerning this country in the Convention. Furthermore,
guarantee documents where Contracting Parties to the Convention are mentioned
need to be changed accordingly.

General context

The Convention of 20 May 1987 on a common
transit procedure ('Convention') establishes the measures facilitating the
movement of goods between the European Union and the Republic of Iceland, the
Kingdom of Norway and the Swiss Confederation.

Turkey wished formally to accede to the
Convention and has fulfilled the legal, structural and information technology
requirements, which are preconditions for accession.

As these preconditions have been met by
Turkey and Turkey has been invited to accede, it is now necessary to amend the
Convention with new linguistic references in the Turkish language and the
appropriate adaptations of guarantee documents. These amendments are to be
introduced and applied as of the first day Turkey starts using the common
transit system.

Existing provisions in the area of the proposal There are no existing provisions in the area of the proposal.

Consistency with other policies and objectives of the Union Not applicable.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

Consultation of interested parties

Consultation methods, main sectors targeted and general profile of respondents Consultation with approval by the EU-EFTA "Common transit" working group, representing the Contracting Parties to the Convention.

Summary of responses and how they have been taken into account Favourable opinion.

Collection and use of expertise

There was no need for external expertise.

Impact assessment The accession to the Convention of 20 May 1987 on a common transit procedure can be seenwithin the framework of the pre-accession strategy to the European Union. It will lead to an alignment to the "acquis communautaire" in the transit area. The introduction of common transit in Turkey as an alternative to the TIR procedure will bring further facilitation of transit, reduction in costs and a possible increase in trade.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Summary of the proposed action The accession of Turkey involves the introduction of new linguistic references concerning this country, allowing the implementation of the common transit procedure between the Contracting Parties. The guarantee documents in particular have to be subject to the necessary modifications. This draft decision was approved by the Customs Code Committee "Customs Status and Transit section" and by the EU-EFTA Working Group on common transit. The Commission is invited to approve this draft decision by the written procedure, in order to submit it to the Council to establish a common position for its final adoption by the EU-EFTA Joint Committee on Common Transit.

Legal basis Article 15 of the Convention of 20 May 1987 on a common transit procedure.

Subsidiarity principle The proposal falls under the exclusive competence of the European Union. The subsidiarity principle therefore does not apply.

Proportionality principle The proposal complies with the proportionality principle for the following reason.

Not applicable.

Choice of instruments

Proposed instrument: other.

Other means would not be adequate for the following reason. There is no other adequate instrument.

4.           BUDGETARY IMPLICATION

The proposal has no implication for the EU
budget.

5.           OPTIONAL ELEMENTS

Simplification

The proposal provides for simplification of administrative procedures for public authorities and simplification of administrative procedures for private parties.

The proposal introduces the common transit procedure for all the Contracting Parties to the Convention.

The common transit procedure allows the authorisation of simplifications concerning private parties.

2012/0088 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf
of the European Union, in the EU-EFTA Joint Committee concerning the adoption
of a Decision amending the Convention of 20 May 1987 on a common transit
procedure

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 207(4) in
conjunction with Article 218(9) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       Article 15a of the
Convention on a common transit procedure[1]
allows for a third country to become a Contracting Party to this Convention
following a decision of the Joint Committee to invite the country.

(2)       Article 15 of the
Convention on a common transit procedure empowers the Joint Committee set up by
that Convention to recommend and adopt, by decisions, amendments to this
Convention and its Appendices.

(3)       Turkey formally expressed
its wish to join the common transit system and has been invited following a
decision by the Joint Committee on 19 January 2012 set up by virtue of this
Convention.

(4)       Having satisfied the
essential legal, structural and information technology requirements, which are preconditions
for accession and following the formal procedure for accession Turkey will
accede the Convention of 20 May 1987 on a common transit procedure.

(5)       The enlargement of the
common transit system will require certain amendments of the Convention. These
concern new linguistic references in Turkish and the appropriate adaptations of
guarantee documents.

(6)       The proposed amendment was
presented to and discussed within the EU-EFTA Working Group and the text was
preliminarily approved.

(7)       Therefore, the position of
the European Union concerning the proposed amendment should be determined,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European
Union in the EU-EFTA Joint Committee on common transit concerning the adoption
of Decision No XXX by this Committee amending the Convention of 20 May 1987 on
a common transit procedure shall be based on the draft Decision annexed to this
Decision.

Minor changes to the draft Decision may be
agreed to by the representatives of the Union in the EU-EFTA Joint Committee
without further decision of the Commission.

Article 2

The Commission shall publish the Decision of
the EU-EFTA Joint Committee on common transit, once adopted, in the Official
Journal of the European Union.

Article 3

This Decision is addressed to the Member
States.

Done at Brussels,

For
the Council

The
President

ANNEX

Proposal for a

DECISION No XXX OF THE EU-EFTA JOINT
COMMITTEE ON COMMON TRANSIT

amending the Convention of 20 May 1987
on a common transit procedure [...]

THE JOINT COMMITTEE,

Having regard to the Convention of 20 May
1987 on a common transit procedure,[2]
and in particular Article 15(3)(a) thereof,

Whereas:

(1) Turkey is to accede to the Convention
of 20 May 1987 on a common transit procedure and has been invited following a
decision by the Joint Committee on 19 January 2012 set up by virtue of this
Convention.

(2) Accordingly, the Turkish language
versions of the references used in the Convention should be inserted in the
Convention in the appropriate order.

(3) The application of this Decision is
linked to the date of accession of Turkey to the Convention.

(4) In order to allow the use of guarantee
forms printed in accordance with the criteria in force prior to the date of
accession of Turkey to the Convention, a transitional period should be
established during which the printed forms, with some adaptations, could continue
to be used.

(5) Therefore the Convention has to be
amended accordingly.

HAS ADOPTED THIS DECISION:

Article 1

Appendix III to the Convention on a
common transit procedure is amended as set out in the Annex to this Decision.

Article 2

1.           This Decision shall apply
from 1st July 2012

2.           The forms based on the
specimen forms in Annexes C1, C2, C3, C4, C5, C6 to Appendix III may continue
to be used, subject to the necessary geographical adaptations and the
adaptations concerning the address for service or the authorised agent, until 30th
June 2013 at the latest.

Done at Brussels,

For the Joint Committee

The President

ANNEX

1.           In Annex B1, under box 51
the following indent is added between United Kingdom and Iceland:

"Turkey            TR",

2.         In Annex B6, Title III is
amended as follows:

2.1.      In the first part of the table
"Limited validity - 99200" the following
indent is added before IS:

"-         TR       Sınırlı Geçerli"

2.2.      In the second part of the table
"Waiver - 99201" the following indent is
added before IS:

"-         TR       Vazgeçme"

2.3.      In the third part of the table
"Alternative proof - 99202" the following
indent is added before IS:

"-         TR       Alternatif Kanıt"

2.4.      In the fourth part of the table
"Differences: office where goods were presented... (name and country) –
99203" the following indent is added before IS:

"-         TR       Değişiklikler: Eşyanın sunulduğu
idare.......(adı ve ülkesi)"

2.5.      In the fifth part of the table
"Exit from... subject to restrictions or charges under
Regulation/Directive/Decision No... – 99204" the
following indent is added before IS:

"-         TR       Eşyanın .........’dan çıkışı ..... No.lu
Tüzük / Direktif / Karar kapsamında kısıtlamalara veya mali
yükümlülüklere tabidir"

2.6.      In the sixth part of the table
"Prescribed itinerary waived – 99205" the
following indent is added before IS:

"-         TR       Zorunlu Güzergahtan Vazgeçme"

2.7.      In the seventh part of the table
"Authorised consignor – 99206", the following
indent is added before IS:

"-         TR       İzinli Gönderici"

2.8.      In the eight part of the table
"Signature waived – 99207", the following
indent is added before IS:

"-         TR       İmzadan Vazgeçme"

2.9.      In the ninth part of the table
"Comprehensive guarantee prohibited – 99208" the
following indent is added before IS:

"-         TR       Kapsamlı teminat yasaklanmıştır"

2.10.    In the tenth part of the table
"Unrestricted use- 99209", the following
indent is added before IS:

"-         TR       Kısıtlanmamış kullanım

2.11.    In the eleventh part of the table
"Issued retroactively - 99210, the following
indent is added before IS:

"-         TR       Sonradan Düzenlenmiştir"

2.12.    In the twelfth part of the table
"Various – 99211", the following indent is
added before IS:

"-         TR       Çeşitli"

2.13.    In the thirteenth part of the
table "Bulk – 99212", the following indent is
added before IS:

"-         TR       Dökme"

2.14.    In the fourteenth part of the
table "Consignor – 99213" the following indent is added before IS:

"-         TR       Gönderici"

3.         Annex C1 is replaced by the
following text:

"ANNEX C1

COMMON/COMMUNITY TRANSIT PROCEDURE

GUARANTEE DOCUMENT

INDIVIDUAL GUARANTEE

I.              Undertaking
by the guarantor

1.          The
undersigned[3]...............................................................................................................................................

resident at[4].................................................................................................................................................

hereby jointly and
severally guarantees, at the office of guarantee of
......................................................

up to a maximum amount of

.............................................................................................................................

in favour of the
European Union (comprising the Kingdom of Belgium, the Republic of Bulgaria, the
Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the
Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French
Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic
of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary,
the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria,
the Republic of Poland, the Portuguese Republic, Romania the Republic of
Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden,
the United Kingdom of Great Britain and Northern Ireland) and of the Republic
of Croatia, the Republic of Iceland, the Kingdom of Norway, the Swiss
Confederation, the Republic of Turkey, the Principality of Andorra and the Republic
of San Marino,[5]
any amount of principal, further liabilities, expenses and incidentals - but
not fines - for which the principal,[6]............................................................................................................

may be or become
liable to the abovementioned countries for debt in the form of duty and other
charges applicable to the goods described below placed under the Community or
common transit procedure from the office of departure
of.......................................................................

..........................................................................................................................

to the office of
destination of ....................................................................................................................

........................................................................................................................

Goods description:

..........................................................................................................................

2.          The undersigned undertakes to pay upon the
first application in writing by the competent authorities of the countries
referred to in point 1 and without being able to defer payment beyond a period
of 30 days from the date of application the sums requested unless he or she or
any other person concerned establishes before the expiry of that period, to the
satisfaction of the competent authorities, that the operation has ended.

At the request of the
undersigned and for any reasons recognised as valid, the competent authorities
may defer beyond a period of 30 days from the date of application for payment
the period within which he or she is obliged to pay the requested sums. The
expenses incurred as a result of granting this additional period, in particular
any interest, must be so calculated that the amount is equivalent to what would
be charged under similar circumstances on the money market or financial market
in the country concerned.

3.          This undertaking shall be valid from the day of its
acceptance by the office of guarantee. The undersigned shall remain liable for
payment of any debt arising during the Community or common transit operation
covered by this undertaking and commenced before any revocation or cancellation
of the guarantee took effect, even if the demand for payment is made after that
date.

4.          For
the purpose of this undertaking the undersigned gives his or her address for
service[7]
in each of the other countries referred to in paragraph 1 as:

Country || Surname and forenames, or name of firm, and full address

................................................................................................................................................................................................................. || ...............................................................................................................................................................................................................

The undersigned
acknowledges that all correspondence and notices and any formalities or
procedures relating to this undertaking addressed to or effected in writing at
one of his or her addresses for service shall be accepted as duly delivered to
him or her.

The undersigned
acknowledges the jurisdiction of the courts of the places where he or she has
an address for service.

The undersigned undertakes
not to change his or her addresses for service or, if he or she has to change
one or more of those addresses, to inform the office of guarantee in advance.

Done at ....................................., on ...............................................

......................................................................

(Signature)[8]

II.            Acceptance
by the office of guarantee

Office of guarantee.....................................................................................................

Guarantor's undertaking accepted
on......................................................................................................to
cover the Community/common transit operation effected under transit declaration
No ................................................of................................................. [9]

.........................................................

(Stamp and signature)"

4.         Annex C2 is replaced by the
following text:

"ANNEX C2

COMMON/COMMUNITY TRANSIT PROCEDURE

GUARANTEE DOCUMENT

INDIVIDUAL GUARANTEE IN THE FORM OF VOUCHERS

I.              Undertaking
by the guarantor

1.          The
undersigned[10]...............................................................................................................................................

resident at[11].................................................................................................................................................

hereby jointly and
severally guarantees, at the office of guarantee of .....................................................

in favour of the European
Union (comprising the Kingdom of Belgium, the Republic of Bulgaria, the Czech
Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic
of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic,
Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic
of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic
of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the
Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United
Kingdom of Great Britain and Northern Ireland) and of the Republic of Croatia, the
Republic of Iceland, the Kingdom of Norway, the Swiss Confederation, the
Republic of Turkey, the Principality of Andorra and the Republic of San Marino[12],

any amount of
principal, further liabilities, expenses and incidentals - but not fines - for
which a principal may be or become liable to the above mentioned States for
debt in the form of duty and other charges applicable to the goods placed under
the Community or common transit procedure, in respect of which the undersigned
has undertaken to issue individual guarantee vouchers up to a maximum of EUR 7
000 per voucher.

2.          The
undersigned undertakes to pay upon the first application in writing by the
competent authorities of the countries referred to in paragraph 1 and without
being able to defer payment beyond a period of 30 days from the date of
application the sums requested, up to EUR 7 000 per individual guarantee
voucher, unless he or she or any other person concerned establishes before the
expiry of that period, to the satisfaction of the competent authorities, that
the operation has ended.

At the request of the
undersigned and for any reasons recognised as valid, the competent authorities
may defer beyond a period of 30 days from the date of application for payment
the period within which he or she is obliged to pay the requested sums. The
expenses incurred as a result of granting this additional period, in particular
any interest, must be so calculated that the amount is equivalent to what would
be charged under similar circumstances on the money market or financial market
in the country concerned.

3.          This
undertaking shall be valid from the day of its acceptance by the office of
guarantee. The undersigned shall remain liable for payment of any debt arising
during any Community or common transit operations covered by this undertaking
and commenced before any revocation or cancellation of the guarantee took
effect, even if the demand for payment is made after that date.

4.          For
the purpose of this undertaking the undersigned gives his or her address for service[13] in each of the other countries
referred to in paragraph 1 as:

Country || Surname and forenames, or name of firm, and full address

...................................................................................................................... || ....................................................................................................................................................................................................................................................................................................................................................................................................................

The undersigned
acknowledges that all correspondence and notices and any formalities or
procedures relating to this undertaking addressed to or effected in writing at
one of his or her addresses for service shall be accepted as duly delivered to
him or her.

The undersigned
acknowledges the jurisdiction of the courts of the places where he or she has
an address for service.

The undersigned
undertakes not to change his or her addresses for service or, if he or she has
to change one or more of those addresses, to inform the office of guarantee in
advance.

Done at ....................................., on ...............................................

..................................................

(Signature)[14]

II.            Acceptance
by the office of guarantee

Office of guarantee

.....................................................................................................

Guarantor's
undertaking accepted on

..........................................................................................................................

........................................................

(Stamp and signature)"

5.           Annex C4 is replaced by the
following text:

"ANNEX C 4

COMMON/COMMUNITY TRANSIT PROCEDURE

GUARANTEE DOCUMENT

COMPREHENSIVE GUARANTEE

I.          Undertaking
by the guarantor

1.          The
undersigned[15]...............................................................................................................................................resident
at[16].................................................................................................................................................

hereby jointly and
severally guarantees, at the office of guarantee of
......................................................

up to a maximum amount
of

...................................................................................................................................................................

being 100/50/30%[17] of the reference
amount, in favour of the European Union (comprising the Kingdom of Belgium, the
Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal
Republic of Germany, the Republic of Estonia, the Hellenic Republic, the
Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the
Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese
Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic
of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and
Northern Ireland) and of Republic of Croatia, the Republic of Iceland, the
Kingdom of Norway, the Swiss Confederation, the Republic of Turkey, the
Principality of Andorra and the Republic of San Marino,[18]

any amount of
principal, further liabilities, expenses and incidentals - but not fines - for
which the principal,[19]..........................................................................................................................................................................,
may be or become liable to the abovementioned countries for debt in the form of
duty and other charges applicable to the goods placed under the Community or
common transit procedure.

2.          The
undersigned undertakes to pay upon the first application in writing by the
competent authorities of the countries referred to in paragraph 1 and without
being able to defer payment beyond a period of 30 days from the date of
application the sums requested up to the limit of the abovementioned maximum
amount, unless he or she or any other person concerned establishes before the
expiry of that period, to the satisfaction of the competent authorities, that
the operation has ended.

At the request of the
undersigned and for any reasons recognised as valid, the competent authorities
may defer beyond a period of 30 days from the date of application for payment
the period within which he or she is obliged to pay the requested sums. The
expenses incurred as a result of granting this additional period, in particular
any interest, must be so calculated that the amount is equivalent to what would
be charged under similar circumstances on the money market or financial market
in the country concerned.

This amount may not be
reduced by any sums already paid under the terms of this undertaking unless the
undersigned is called upon to pay a debt arising during a Community or common
transit operation commenced before the preceding demand for payment was
received or within 30 days thereafter.

3.          This
undertaking shall be valid from the day of its acceptance by the office of
guarantee. The undersigned shall remain liable for payment of any debt arising
during any Community or common transit operations covered by this undertaking
and commenced before any revocation or cancellation of the guarantee took
effect, even if the demand for payment is made after that date.

4.          For
the purpose of this undertaking the undersigned gives his or her address for
service[20]
in each of the other countries referred to in paragraph 1 as:

|| Country || Surname and forenames, or name of firm, and full address

.......................................................................................................................... || .................................................................................................................................................................................................................................................................................................................................................................................................................................

The undersigned
acknowledges that all correspondence and notices and any formalities or procedures
relating to this undertaking addressed to or effected in writing at one of his
or her addresses for service shall be accepted as duly delivered to him or her.

The undersigned
acknowledges the jurisdiction of the courts of the places where he or she has
an address for service.

The undersigned
undertakes not to change his or her addresses for service or, if he or she has
to change one or more of those addresses, to inform the office of guarantee in
advance.

Done at ....................................., on ...............................................

......................................................

(Signature)[21]

II.            Acceptance
by the office of guarantee

Office of guarantee

.....................................................................................................

Guarantor's
undertaking accepted on

..........................................................................................................................

..........................................................

(Stamp and signature)"

6.           In Box 7 of Annex C5, the
word "Turkey" is inserted between the words "Switzerland"
and "Andorra".

7.           In Box 6 of Annex C6, the
word "Turkey" is inserted between the words "Switzerland"
and "Andorra".

[1]               OJ no L 226, 13.8.1987, p.2.

[2]               OJ L 226, 13.8.1987, p. 2.

[3]               Surname and forenames, or name of firm.

[4]               Full address.

[5]               Delete the name of the Contracting Party or Parties
or States (Andorra or San Marino) whose territory is not transited. The
references to the Principality of Andorra and the Republic of San Marino shall
apply solely to Community transit operations.

[6]               Surname and forename, or name of firm and full
address of the principal.

[7]               If, in the law of the country, there is no provision
for address for service the guarantor shall appoint, in this country, an agent
authorised to receive any communications addressed to him and the
acknowledgement in the second subparagraph and the undertaking in the fourth
subparagraph of paragraph 4 must be made to correspond. The courts of the
places in which the addresses for service of the guarantor or of his agents are
situated shall have jurisdiction in disputes concerning this guarantee.

[8]               The person signing the document must enter the following
by hand before his or her signature: "Guarantee for the amount of
...................................", the amount being written out in
letters.

[9]               To be completed by the office of departure.

[10]             Surname and forenames, or name of firm.

[11]             Full address.

[12]             Only for Community transit operations.

[13]             If, in the law of the country, there is no provision
for address for service the guarantor shall appoint, in this country, an agent
authorised to receive any communications addressed to him and the
acknowledgement in the second subparagraph and the undertaking in the fourth
subparagraph of paragraph 4 must be made to correspond. The courts of the
places in which the addresses for service of the guarantor or of his agents are
situated shall have jurisdiction in disputes concerning this guarantee.

[14]             The signature must be preceded by the following in the
signatory's own handwriting: 'Guarantee'.

[15]             Surname and forenames, or name of firm.

[16]             Full address.

[17]             Delete what does not apply.

[18]             Delete the name of the Contracting Party or Parties or
States (Andorra or San Marino) whose territory is not transited. The references
to the Principality of Andorra and the Republic of San Marino shall apply
solely to Community transit operations.

[19]             Surname and forename, or name of firm and full address
of the principal.

[20]             If, in the law of the country, there is no provision
for address for service the guarantor shall appoint, in this country, an agent
authorised to receive any communications addressed to him and the
acknowledgement in the second subparagraph and the undertaking in the fourth
subparagraph of paragraph 4 must be made to correspond. The courts of the
places in which the addresses for service of the guarantor or of his agents are
situated shall have jurisdiction in disputes concerning this guarantee.

[21]             The signature must be preceded by the following in the
signatory's own handwriting: “Guarantee for the amount of ...” with the amount
written out in full.