# EUR-Lex - 52015PC0153 - EN

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# 52015PC0153

**Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EU-EFTA Joint Committee on common transit as regards the adoption of a Decision amending the Convention on a common transit procedure /* COM/2015/0153 final - 2015/0078 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

1.1. Grounds for and objectives of the
proposal

The Convention on a common transit
procedure ("the Convention") was concluded on 20 May 1987 between the
European Community and the EFTA countries.

The accession of the former Yugoslav
Republic of Macedonia to the Convention involves the introduction of new
linguistic references concerning this country into the text of the Convention.
Furthermore, guarantee documents where Contracting Parties to the Convention
are mentioned need to be changed accordingly.

The purpose is to adopt the common EU
position on the draft Decision No 3/2015 of the EU-EFTA Joint Committee on
common transit amending the Convention.

1.2. General context

The Convention establishes the measures
facilitating the movement of goods between the European Union, the Republic of
Iceland, the Kingdom of Norway, the Swiss Confederation and the Republic of
Turkey.

The former Yugoslav Republic of Macedonia
wishes formally to accede to the Convention and has fulfilled the legal,
structural and information technology requirements, which are preconditions for
accession.

Once all preconditions have been met by the
former Yugoslav Republic of Macedonia and the country has been invited to
accede and deposited its instrument of accession, it is necessary to amend the
Convention with new linguistic references in the Macedonian language and the
appropriate adaptations of guarantee documents. These amendments are to be
introduced and applied as of the first day the former Yugoslav Republic of
Macedonia starts using the common transit system.

1.3. Existing provisions in the area of the
proposal

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

1.4. Consistency with other policies and
objectives of the Union

Not applicable.

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

2.1. Consultation of interested parties

Consultation methods, main sectors targeted
and general profile of respondents

Consultation with approval on the draft
Decision No 3/2015 of the EU-EFTA Joint Committee on common transit amending
the Convention were carried out with the Member States within the Customs Code
Committee – Customs Status and Transit Section and with Contracting Parties to
the Convention within the  EU-EFTA working group on "Common transit".

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.

2.2. Impact assessment

The accession to the Convention can be seen
within the framework of the pre-accession strategy of the former Yugoslav
Republic of Macedonia to the European Union. It will lead to an alignment to
the 'acquis communautaire' in the transit area. The introduction of common
transit in the former Yugoslav Republic of Macedonia 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

3.1. Summary of the proposed action

The accession of the former Yugoslav
Republic of Macedonia involves the introduction of new linguistic references
concerning this country, allowing the implementation of the common transit
procedure between the Contracting Parties.

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.

3.2. Legal basis

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

3.3. Subsidiarity principle

The proposal falls under the exclusive
competence of the European Union (common commercial policy) and therefore does
not deserve an examination with regard to the principle of subsidiarity
(Article 5(3) of the Treaty of the Functioning of the European Union).

3.4. Proportionality principle

The proposal complies with the
proportionality principle for the following reasons:

The form of proposed action is
the only one possible.

The form of proposed action
does not involve any financing cost.

3.5. Choice of instruments

Proposed instruments: Decision.

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 procedure for private parties.

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

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

2015/0078 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by the
European Union in the EU-EFTA Joint Committee on common transit as regards the
adoption of a Decision amending  the Convention 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 between the European Economic Community, the Republic of Austria,
the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the
Kingdom of Sweden and the Swiss Confederation on a common transit procedure[1]   (the "Convention")
allows for a third country to become a Contracting Party to the Convention
following a decision of the Joint Committee set up by the Convention to invite
the country.

(2)       Article 15 of the
Convention empowers the EU-EFTA Joint Committee to recommend and adopt, by
decisions, amendments to the Convention and the Appendices thereto.

(3)       The former Yugoslav
Republic of Macedonia formally expressed its wish to join the common transit
system.

(4)       Having satisfied the
essential legal, structural and information technology requirements which are
preconditions for accession and following the formal procedure for accession,
the former Yugoslav Republic of Macedonia may accede to the Convention.

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

(6)       The proposed amendments
were presented to and discussed within the EU-EFTA Working Group on "common
transit" and "simplification of formalities in trade in goods"
and the text received preliminary approval.

(7)       The position of the Union
concerning the proposed amendments should  therefore be based on the attached
draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union in
the EU-EFTA Joint Committee on common transit  shall be based on the draft
Decision attached to this Decision.

Minor changes to the draft decision may be
agreed upon by the representatives of the Union in the EU-EFTA Joint Committee.

Article 2

After its adoption, the  Decision of the
EU-EFTA Joint Committee on common transit shall be published in the Official
Journal of the European Union.

Article 3

This Decision shall enter into force on 1
June 2015.

Done at Brussels,

For
the Council

The
President

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

Draft

proposal for a Decision No .../2015 of the
EU-EFTA Joint Committee on common transit amending the Convention on a common
transit procedure

THE JOINT COMMITTEE,

Having regard to the Convention of 20 May
1987 on a common transit procedure[1]  
and in particular Article 15(3) (a) thereof,

Whereas:

(1) The former Yugoslav Republic of
Macedonia expressed its wish to accede to the Convention of 20 May 1987 on a
common transit procedure (the "Convention") and has been invited to
do so following Decision No .../2015 of ..........  2015*  by the Joint Committee
established by the Convention.

(2) Accordingly, the Macedonian 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 should
be linked to the date of accession of the former Yugoslav Republic of Macedonia
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 the former Yugoslav Republic of Macedonia, a transitional period
should be established during which the printed forms, with some adaptations,
could continue to be used.

(5) Therefore the Convention should 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 Annex to this Decision.

Article 2

1. This Decision shall apply as of 1 June
2015. [

2. The forms based on the specimen forms in
Annexes C1, C2, C3, C4, C5, C6 to Appendix III as in force on 1 December 2012  
may continue to be used, subject to the necessary geographical adaptations and
the adaptations concerning the address for service or the authorised agent,
until 1 May 2016.

Done in Brussels, .......... 2015

For
the Joint Committee

The President

ANNEX

1. In Annex B1, in  box 51 the following
indent is added between Latvia and Malta:

-  MK      The former Yugoslav Republic of
Macedonia

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 MT:

-  MK   
Ограничено
важење

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

-  MK   
Изземање

2.3. In the third part of the table
"Alternative proof – 99202" the following indent is added before MT

-  MK     
Алтернативен
доказ

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 MT:

-  MK         Разлики: 
Испостава
каде стоките
се ставени на
увид ...... (назив и
земја)

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 MT:

-  MK   
Излез од
............предмет на
ограничувања
или давачки
согласно
Уредба/Директива/Решение
№ .......

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

-  MK   
Изземање од
пропишан
правец на
движење

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

-  MK   
Овластен
испраќач

2.8. In the eighth part of the table
"Signature waived – 99207" the following indent is added before MT:

-  MK   
Изземање од
потпис

2.9. In the ninth part of the table
"COMPREHENSIVE GUARANTEE PROHIBITED – 99208" the following indent is
added before MT:

-  MK   
ЗАБРАНА ЗА
УПОТРЕБА НА
ОПШТА
ГАРАНЦИЈА

2.10. In the 10th part of the table
"UNRESTRICTED USE – 99209" the following indent is added before MT:

-  MK   
УПОТРЕБА БЕЗ
ОГРАНИЧУВАЊЕ

2.11.In the 11th part of the table
"Issued retroactively" – 99210" the following indent is added
before MT:

-  MK   
Дополнително
издадено

2.12. In the 12th part of the table
"Various – 99211" the following indent is added before MT:

-  MK   
Различни

2.13. In the 13th part of the table
"Bulk – 99212" the following indent is added before MT:

-  MK   
Рефус

2.14. In the 14th part of the table
"Consignor – 99213" the following indent is added before MT:

-  MK   
Испраќач

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[2]   .................resident at[3]    ......... 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, Ireland, the
Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of
Croatia, 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 the Republic of Iceland, the
former Yugoslav Republic of Macedonia, the Kingdom of Norway, the Swiss
Confederation, the Republic of Turkey, the Principality of Andorra and the Republic
of San Marino[4]   
any amount of principal, further liabilities, expenses and incidentals - but
not fines - for which the principal[5]        
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 paragraph 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[6]    
in each of the other countries referred to in paragraph 1 as:

Country || Surname and forename, 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)[7]

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 .....[8]

(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[9]  .......resident at[10]   ........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, Ireland, the Hellenic
Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia,
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 the Republic of Iceland, the former
Yugoslav Republic of Macedonia, the Kingdom of Norway, the Swiss Confederation,
the Republic of Turkey, the Principality of Andorra and the Republic of San
Marino[11]  
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[12]  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)[13]

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
C4

COMMON/COMMUNITY
TRANSIT PROCEDURE

GUARANTEE
DOCUMENT

COMPREHENSIVE
GUARANTEE

I. Undertaking by the guarantor

1. The undersigned[14] ..........resident at[15]  .......hereby jointly and
severally guarantees, at the office of guarantee of .................up to a
maximum amount of.............being 100/50/30[16]
%  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, Ireland,
the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic
of Croatia, 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  the Republic of Iceland,
the former Yugoslav Republic of Macedonia, the Kingdom of Norway, the Swiss
Confederation, the Republic of Turkey, the Principality of Andorra and the
Republic of San Marino[17]
, any amount of principal, further liabilities, expenses and incidentals - but
not fines –

for which the principal[18]  .........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[19]  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)[20]

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 words
"the former Yugoslav Republic of Macedonia" is inserted between the
words "Iceland" and "Norway".

7. In box 6 of Annex C6, the words
"the former Yugoslav Republic of Macedonia" is inserted between the
words "Iceland" and "Norway".

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

-               OJ: Please insert the reference number and the date
of adoption of the Decision contained in  doc.....

[2]               Surname and forename, or name of firm

[3]               Full address

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

[5]               Surname and forename, or name of firm

[6]               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 acknowledgment
in the second subparagraph and the undertaking in the fourth subparagraph of
paragraph 4 must be made to correspond. The courts of the place in which the
addresses for service of the guarantor or his agents are situated shall have
jurisdiction in disputes concerning this guarantee

[7]               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

[8]               To be complete by the office of guarantee

[9]               Surname and forename, or name of firm

[10]             Full address

[11]             Only for Community transit operations

[12]             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
acknowledgment in the second subparagraph and the undertaking in the fourth
subparagraph of paragraph 4 must be made to correspond. The courts of the place
in which the addresses for service of the guarantor or his agents are situated
shall have jurisdiction in disputes concerning this guarantee

[13]             The signature must be preceded by the following in the
signatory's own handwriting: "Guarantee",

[14]             Surname and forename, or name of firm

[15]             Full address

[16]             Delete what does not apply

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

[18]             Surname and forename, or name of firm

[19]             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
acknowledgment in the second subparagraph and the undertaking in the fourth
subparagraph of paragraph 4 must be made to correspond. The courts of the place
in which the addresses for service of the guarantor or his agents are situated
shall have jurisdiction in disputes concerning this guarantee

[20]             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.