02009A0731(01) — EN — 15.03.2021 — 002.001

This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

Amended by:





Corrected by:









▼B

AGREEMENT

between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures







THE EUROPEAN COMMUNITY, of the one part, and THE SWISS CONFEDERATION, of the other part, hereinafter referred to as ‘the Community’ and ‘Switzerland’ respectively and, jointly, as ‘the Contracting Parties’, Having regard to the Agreement between the European Economic Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods, of 21 November 1990, hereinafter referred to as ‘the 1990 Agreement’, Whereas the scope of the 1990 Agreement should be extended to customs security by adding a new chapter on this subject, Whereas, in the interests of clarity and greater legal security the 1990 Agreement, is incorporated in this Agreement, which will replace the 1990 Agreement, Considering the Free Trade Agreement of 22 July 1972 between the European Economic Community and the Swiss Confederation, Considering the Joint Declaration adopted in Luxembourg on 9 April 1984 by Ministers of the EFTA countries and the Member States of the Community and the Commission of the European Communities, and the statement adopted in Brussels on 2 February 1988 by Ministers of the EFTA countries and Ministers of the Member States of the Community with the aim of creating a dynamic European economic area of benefit to their countries, Considering that the Contracting Parties have ratified the International Convention on the Harmonization of Frontier Controls of Goods, Bearing in mind the need to maintain the existing level of simplification of inspections and formalities on the passage of goods at frontiers between the Community and Switzerland and so ensure the smooth flow of trade between the two parties, Considering that such simplification should be progressively developed, Considering that veterinary and phyto-sanitary controls are now governed by the Agreement of 21 June 1999 between the European Community and the Swiss Confederation on Trade in Agricultural Products, Acknowledging that the conditions under which inspections and formalities are carried out may be extensively harmonised without impairing their purpose, their proper implementation or their effectiveness, Considering that no provision of this Agreement may be interpreted as exempting the Contracting Parties from their obligations under other international agreements, Considering that the Contracting Parties undertake to guarantee on their respective territories an equivalent level of security through measures based on legislation in force in the Community, Considering that it is desirable that Switzerland be consulted on the development of Community rules concerning customs security measures, that it take part in the relevant work of the Customs Code Committee, established by Article 247a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, and that it be notified of the implementation of such rules, Considering that the Contracting Parties are determined to improve security in the trade in goods entering or exiting their territories without hampering trade flows, Considering that, in the interests of the Contracting Parties, equivalent customs security measures should be introduced in respect of the transport of goods from or to third countries, Considering that these customs security measures concern the declaration of security data relating to goods prior to their entry and exit, the management of security risks and related customs inspections and the allocation of authorised economic operator status for mutually recognised security purposes, Considering that Switzerland has an adequate level of personal data protection, Considering that in the case of customs security measures it is useful to foresee provisions for appropriate rebalancing measures, including suspension of the relevant provisions where the equivalence of customs security measures is no longer assured, HAVE DECIDED TO CONCLUDE THIS AGREEMENT:







CHAPTER I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Agreement:

(a) ‘inspections’ means any operation whereby the customs authorities or any other inspection authority carries out the physical examination or visual inspection of the means of transport or of the goods themselves in order to ascertain that their nature, origin, condition, quantity and value are in conformity with the particulars contained in the documents produced;

(b) ‘formalities’ means any formality to which the authorities subject a trader and which consists in the production or examination of documents, certificates accompanying the goods, or other particulars, irrespective of the method or medium employed, relating to the goods or the means of transport;

(c) ‘risk’ means the likelihood of an event occurring in connection with the entry, exit, transit, transfer and end-use of goods moving between the customs territory of one of the Contracting Parties and third countries and the presence of goods not in free circulation in the territory of one of the Contracting Parties, which jeopardises the safety and security of the Community, its Member States or Switzerland, public health, the environment or consumers;

(d) ‘risk management’ means the systematic identification of risk and implementation of all measures necessary for limiting exposure to risk. This includes activities such as collecting data and information, analysing and assessing risk, prescribing and taking action and regular monitoring and review of the process and its outcomes, based on sources and strategies defined by the Community, its Member States and Switzerland, or at the international level.

Article 2

Scope

1. Without prejudice to special provisions in force under agreements concluded between the Community and Switzerland, this Agreement shall apply to inspections and formalities concerning the carriage of goods which have to cross a frontier between Switzerland and the Community and to customs security measures applicable to the carriage of goods to or from third countries.

2. This Agreement shall not apply to inspections or formalities concerning ships and aircraft as means of transport; however, it shall apply to vehicles and goods carried by the said means of transport.

Article 3

Territories covered

1. This Agreement shall apply, on the one hand, to the Community customs territory and, on the other, to the Swiss customs territory and its customs enclaves.

2. This Agreement shall apply in the Principality of Liechtenstein for as long as that Principality is bound to Switzerland by a customs union treaty.







CHAPTER II

PROCEDURES

Article 4

Random checks and formalities other than the customs security inspections referred to in Chapter III

1. Save as otherwise expressly provided in this Agreement, the Contracting Parties shall take the necessary measures to ensure that: — the various inspections and formalities provided for in Article 2(1) are carried out with the minimum delay necessary and, as far as possible, in one place, — inspections are carried out by means of random checks except in duly justified circumstances.

2. For the purposes of implementing the second indent of paragraph 1, the basis for carrying out random checks shall be the total number of consignments passing through a frontier post and presented to a customs office or other inspection authority during a given period, and not the total number of goods making up each consignment.

3. The Contracting Parties shall facilitate, at the places of departure and destination of goods, the use of simplified procedures and data-processing and data-transmission techniques for the purposes of the export, transit and import of goods.

4. The Contracting Parties shall endeavour to deploy customs offices, including those in the interior of their territory, in such a way as best to take account of the requirements of commercial operators.

Article 5

Delegation of powers

The Contracting Parties shall see to it that, by express delegation by the competent authorities and on their behalf, one of the other services represented, and preferably the customs service, may carry out inspections for which those authorities are responsible and, insofar as such inspections relate to the requirement to produce the necessary documents, checks on the validity and authenticity thereof and on the identity of the goods declared in such documents. In that event, the authorities concerned shall ensure that the means required for carrying out such checks are made available.

Article 6

Recognition of inspections and documents

For the purposes of implementing this Agreement and without prejudice to the possibility of carrying out random checks, the Contracting Parties shall, in the event of goods being imported or entering in transit, recognise the inspections carried out and the documents drawn up by the competent authorities of the other Contracting Party which certify that the goods comply with the legal requirements of the country of import or equivalent requirements in the country of export.

Article 7

Opening hours of frontier posts

1. Where the volume of traffic so warrants, the Contracting Parties shall see to it that: (a) frontier posts are open, except when traffic is prohibited, so that: — frontiers can be crossed 24 hours a day with the corresponding inspections and formalities in respect of goods placed under a customs transit procedure, their means of transport and vehicles travelling unladen, save where frontier inspection is necessary in order to prevent the spread of disease or to protect animals, — inspections and formalities relating to the movement of means of transport and goods which are not moving under a customs transit procedure may be performed from Monday to Friday during an uninterrupted period of at least 10 hours and on Saturday during an uninterrupted period of at least six hours, unless those days are public holidays; (b) as regards vehicles and goods transported by air, the periods referred to in the second indent of point (a) shall be adapted in such a way as to meet actual needs and for that purpose shall be split or extended if necessary.

2. Where several frontier posts are situated in the immediate vicinity of one and the same frontier zone, the Contracting Parties may jointly agree, for certain of such posts, to derogate from paragraph 1 provided that the other posts in that zone are able to clear goods and vehicles in accordance with that paragraph.

3. As regards the frontier posts and customs offices and services referred to in paragraph 1, and under the conditions laid down by the Contracting Parties, the competent authorities shall, if specifically requested during business hours and for sound reasons, provide for inspections and formalities to be carried out, as an exception, outside business hours, on condition that, where relevant, payment is made for services so rendered.

Article 8

Express lanes

The Contracting Parties shall endeavour to establish at frontier posts, where technically possible and justified by the volume of traffic, express lanes reserved for goods placed under a customs transit procedure, their means of transport, vehicles travelling unladen and all goods subject to such inspections and formalities as do not exceed those required in respect of goods placed under a transit procedure.







CHAPTER III

CUSTOMS SECURITY MEASURES

▼M2

Article 9

General provisions concerning security and safety

1. The Contracting Parties undertake to set up and apply to the carriage of goods to and from third countries the customs security measures set out in this Chapter and thus to ensure an equivalent level of security and safety at their external borders.

2. The Contracting Parties shall refrain from applying the customs security measures set out in this Chapter to the carriage of goods between their customs territories.

3. The Contracting Parties shall consult prior to the conclusion of any agreement with a third country in the areas covered by this Chapter in order to ensure consistency with this Agreement, particularly if the proposed agreement includes provisions that derogate from the customs security measures set out in this Chapter.

Article 10

Declarations prior to the entry and exit of goods

1. For the purposes of security and safety, goods brought into the customs territories of the Contracting Parties from third countries shall be covered by an entry summary declaration with the exception of goods carried on means of transport only passing through the territorial waters or the airspace of the customs territories without a stop within those territories.

2. For the purposes of security and safety, goods exiting the customs territories of the Contracting Parties that are destined for third countries shall be covered by an exit summary declaration with the exception of goods carried on means of transport only passing through the territorial waters or the airspace of the customs territories without a stop within those territories.

3. The entry or exit summary declaration shall be lodged before the goods are brought into or leave the customs territories of the Contracting Parties.

4. Where there is an obligation to lodge an entry or exit summary declaration for goods entering or exiting the customs territories of the Contracting Parties but this declaration has not been lodged, one of the persons referred to in paragraphs 5 or 6 shall immediately lodge such a declaration or, if permitted by the customs authorities, shall instead lodge a customs declaration or temporary storage declaration that shall contain at least the particulars required for an entry or exit summary declaration. In such circumstances, customs authorities shall carry out the risk analysis for security and safety purposes on those goods on the basis of the customs declaration or the temporary storage declaration.

5. Each Contracting Party shall determine the persons responsible for lodging exit summary declarations as well as specify the authorities competent to receive them.

6. The entry summary declaration shall be lodged by the carrier. Notwithstanding the obligations of the carrier, the entry summary declaration may be lodged instead by one of the following persons: (a) the importer or consignee or other person in whose name or on whose behalf the carrier acts; (b) any person who is able to present the goods in question or have them presented at the customs office of first entry. In specific cases, where all the particulars of the entry summary declaration necessary for risk analysis for security and safety purposes cannot be obtained from the persons referred to in the first sub-paragraph, other persons holding those particulars and the appropriate rights to provide them may be required to provide those particulars. Each person submitting the particulars of the entry summary declaration shall be responsible for the particulars that he/she has submitted.

7. By derogation from paragraph 6 of this Article, until the dates of the deployment of the electronic system referred to in Article 1(1) of Annex I, each Contracting Party shall determine the persons who are required to lodge the entry summary declaration, the means for lodging it, for exchanging information relating to it and for requesting its amendment and/or invalidation.

8. The customs authorities of the Contracting Parties may define the cases in which a customs declaration or temporary storage declaration can be used as an entry or an exit summary declaration, provided that: (a) the customs declaration or temporary storage declaration contains all the particulars required for an entry or exit summary declaration; and (b) the replacing declaration is lodged prior to the expiry of the time limit at the competent customs office for lodging the entry or exit summary declaration.

9. Annex I lays down: — the electronic system relating to the entry summary declaration, — the form and the particulars of the entry or exit summary declaration, — the exceptions from the obligation to lodge an entry or exit summary declaration, — the place where the entry or exit summary declaration shall be lodged, — the time limits for lodging the entry or exit summary declaration, — the technical arrangements for the electronic systems used to lodge the entry summary declaration, — the financing arrangement concerning the responsibilities, commitments and expectations upon the implementation and operation of the Import Control System 2, — any other provision necessary to ensure the application of this Article.

Article 11

Authorised economic operator

1. A Contracting Party shall grant, subject to the criteria laid down in Annex II, the status of ‘authorised economic operator’ for security purposes to any economic operator established in its customs territory and in the case of Switzerland its customs exclaves of Samnaun and Sampuoir.

Authorised economic operators shall enjoy facilitations in respect of security-related customs controls.

Subject to the rules and conditions set out in paragraph 2, the status of authorised economic operator granted by a Contracting Party shall be recognised by the other Contracting Party, without prejudice to customs inspections, particularly with a view to implementing agreements with third countries providing for arrangements for the mutual recognition of the status of authorised economic operator.

2. Annex II lays down: — the rules for granting the status of authorised economic operator, and in particular the criteria for granting this status and the conditions for applying them, — the type of facilitations that shall be accorded, — the rules on the suspension, annulment and revocation of the status of authorised economic operator, — the arrangements for exchanges of information between the Contracting Parties on their authorised economic operators, — any other measure necessary for the application of this Article.

Article 12

Security and safety related customs controls and security and safety related risk management

1. Security and safety related customs controls other than random checks shall be primarily based on risk analysis using electronic data processing techniques with the purpose of identifying and evaluating the risks and developing the necessary counter-measures, on the basis of criteria developed by the Contracting Parties.

2. Security and safety related customs controls shall be performed within a common risk management framework, based upon the exchange of risk-related information and risk analysis results between the customs authorities of the Contracting Parties. The customs authority of Switzerland, through its participation in the Customs Code Committee referred to in Article 23, shall contribute to establishing common risk criteria and standards, control measures and priority control areas in relation to the particulars of the entry and exit summary declarations. Controls based upon such information and criteria shall be carried out without prejudice to other customs controls.

3. The Contracting Parties shall use a Common Risk Management System for exchanging risk-related information, information on the implementation of common risk criteria and standards, of common priority control areas and of customs crisis management, and on risk analysis results and control results.

4. The Contracting Parties shall recognise the equivalence of their risk management systems related to security and safety.

5. The Joint Committee shall adopt any other measure necessary for the application of this Article.

Article 13

Monitoring the implementation of customs security measures

1. The Joint Committee shall determine how the Contracting Parties are to monitor the implementation of this Chapter and to verify compliance with its provisions and those of the Annexes to this Agreement.

2. The monitoring referred to in paragraph 1 may take the form of: — regular assessments of the implementation of this Chapter, and in particular of the equivalence of customs security measures, — a review to improve the way in which it is applied or to amend its provisions so that it better fulfils its objectives, — the organisation of thematic meetings between experts of both Contracting Parties and audits of administrative procedures, including on-the-spot visits.

3. The Joint Committee shall ensure that measures taken under this Article uphold the rights of economic operators.

Article 14

Protection of professional secrecy and personal data

The information exchanged by the Contracting Parties as part of the measures provided for in this Chapter shall enjoy the protection extended to professional secrecy and personal data as defined in the relevant laws applicable in the territory of the recipient Contracting Party. The transfer of personal data shall comply with the requirements of the applicable data protection laws of the transferring Contracting Party.

In particular, this information may not be further transferred to persons other than the competent authorities in the recipient Contracting Party, nor may it be used by those authorities for purposes other than those provided for in this Agreement.

▼B







CHAPTER IV

COOPERATION

Article 15

Cooperation between authorities

1. In order to facilitate the crossing of frontiers, the Contracting Parties shall take the measures necessary to extend cooperation at both national and regional or local level between the authorities responsible for the organisation of inspections and between the various departments carrying out inspections and formalities on either side of such frontiers.

2. Each Contracting Party shall, insofar as it is concerned, see to it that persons engaged in trade covered by this Agreement can rapidly inform the competent authorities of any problems encountered when crossing frontiers.

3. The cooperation referred to in paragraph 1 shall cover in particular: (a) the arrangement of frontier posts in such a way as to meet traffic requirements; (b) the conversion of frontier offices into juxtaposed inspection offices, where possible; (c) the harmonisation of the responsibilities of the frontier posts and offices situated on either side of the frontier; (d) the seeking of appropriate solutions to any problems reported.

4. The Contracting Parties shall cooperate in order to harmonise the business hours of the various departments carrying out inspections and formalities on either side of the frontier.

Article 16

Notification of new inspections and formalities other than the customs security measures referred to in Chapter III

Where a Contracting Party intends to introduce a new inspection or formality in an area other than that covered by Chapter III, it shall inform the other Contracting Party thereof.

The Contracting Party concerned shall ensure that the measures taken to facilitate the crossing of frontiers are not rendered inoperative through the application of such new inspections or formalities.

Article 17

Flow of traffic

1. The Contracting Parties shall take the measures necessary to ensure that waiting time caused by the various inspections and formalities does not exceed the time required for their proper completion. To that end, they shall organise the business hours of the departments which are to carry out inspections and formalities, the staff available and the practical arrangements for processing goods and documents associated with the carrying out of inspections and formalities in such a way as to reduce waiting time in the flow of traffic to the fullest possible extent

2. The competent authorities of countries in whose territory a serious disruption occurs in the carriage of goods which is likely to jeopardise the objectives of facilitating and expediting the crossing of frontiers shall immediately inform the competent authorities of the other countries affected by such disruption.

3. The competent authorities of each country so affected shall immediately take appropriate measures to ensure, as far as possible, the free flow of traffic. The measures shall be notified to the Joint Committee which shall, where appropriate, meet in emergency session at the request of a Contracting Party to discuss these measures.

Article 18

Administrative assistance

1. In order to ensure the smooth functioning of trade between the Contracting Parties and to facilitate the detection of any irregularity or infringement, the customs authorities of the countries concerned shall, upon request, or, where they consider that this would be in the interests of the other Contracting Party, on their own initiative, provide each other with all available information (including administrative findings and reports) of interest for the proper implementation of this Agreement.

2. Assistance may be withheld or denied, totally or partly, when the requested country considers that the assistance would be prejudicial to its security, public policy or other essential interests, or would violate an industrial, commercial or professional secret.

3. If assistance is withheld or denied, the decision and the reasons therefor must be notified to the requesting country without delay.

4. If the customs authority of a country requests assistance which it would not be able to give if requested, it shall draw attention to that fact in the request. Compliance with such a request shall be at the discretion of the customs authority to which the request is made.

5. Information obtained in accordance with paragraph 1 shall be used solely for the purposes of this Agreement and shall be accorded the same protection by the recipient country as is given to information of like nature under the national law of that country. Such information shall be used for other purposes only with the written consent of the customs authority which furnished it and subject to any restrictions laid down by that authority.







CHAPTER V

ADMINISTRATIVE BODIES

Article 19

Joint Committee

1. A Joint Committee is hereby established on which the Contracting Parties shall be represented.

2. The Joint Committee shall act by mutual agreement.

3. The Joint Committee shall meet as required but no less than once a year. Any Contracting Party may request that a meeting be convened.

4. The Joint Committee shall establish its rules of procedure which shall contain, inter alia, provisions on the convening of meetings, the appointment of the chairperson and the chairperson’s term of office.

5. The Joint Committee may decide to set up any subcommittee or working party that could assist it in its work.

Article 20

Consultation groups

1. The competent authorities of the countries concerned may set up any consultation group responsible for dealing with questions of a practical, technical or organisational nature at regional or local level.

2. The consultation groups referred to in paragraph 1 shall meet whenever necessary at the request of the competent authorities of a country. The Joint Committee shall be kept regularly informed of their deliberations by the Contracting Parties responsible for them.

Article 21

Powers of the Joint Committee

1. It shall be the responsibility of the Joint Committee to administer this Agreement and ensure its proper implementation. For that purpose it shall make recommendations and take decisions.

2. By its decisions the Joint Committee may amend Chapter III and the Annexes.

3. In addition to the matters expressly provided for in this Agreement it shall, by means of decisions, adopt implementing measures of a technical and administrative nature with a view to reducing inspections and formalities.

4. Decisions shall be implemented by the Contracting Parties in accordance with their own rules.

5. For the purposes of the proper implementation of this Agreement, the Joint Committee shall be informed at regular intervals by the Contracting Parties of experience gained in its implementation and those Contracting Parties shall, at the request of any one of them, consult one another within the Joint Committee.

Article 22

Development of law

1. As soon as the Community draws up new legislation in an area governed by Chapter III, it shall seek an informal opinion of Swiss experts in the same way as it seeks the opinion of experts of Member States.

2. When the European Commission sends its proposal to the Member States or the Council of the European Union it shall send a copy to Switzerland.

At the request of one of the Contracting Parties, a preliminary exchange of views may take place in the Joint Committee.

3. In the phase prior to the adoption of the Community act, and at the request of one of their number, the Contracting Parties shall consult each other again on the Joint Committee in a continuous process of information and consultation.

4. The amendments to Chapter III needed to take account of the development of Community legislation relevant to the matters covered by that Chapter shall be decided as soon as possible so that they can be implemented at the same time as the amendments to the Community legislation, in compliance with the internal procedures of the Contracting Parties.

If a decision cannot be adopted for such simultaneous implementation, the amendments provided for in the draft decision submitted for the Contracting Parties' approval shall be implemented provisionally where possible, in compliance with the internal procedures of the Contracting Parties.

5. The Contracting Parties shall cooperate during the information and consultation phase with a view to facilitating, at the end of the process, decision-making by the Joint Committee.

Article 23

Participation in the Customs Code Committee

The Community shall enable Swiss experts to participate as observers for items concerning them in meetings of the Customs Code Committee, which assists the European Commission in the exercise of its powers in matters covered by Chapter III.

Article 24

Dispute settlement

Without prejudice to Article 29, any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall be referred to the Joint Committee, which shall seek an amicable settlement thereof.

Article 25

Agreements with third countries

The Contracting Parties agree that agreements concluded by either of them with a third country in an area covered by Chapter III shall not create obligations for the other Contracting Party, unless the Joint Committee decides otherwise.







CHAPTER VI

SUNDRY AND FINAL PROVISIONS

Article 26

Payment facilities

The Contracting Parties shall see to it that any sums payable in respect of the inspections and formalities applied to trade can also be paid by means of guaranteed or certified international cheques, expressed in the currency of the country in which such sums are due.

Article 27

Implementation of the Agreement

Each Contracting Party shall take appropriate measures to ensure that the provisions of this Agreement are effectively and harmoniously applied, taking into account the need to make it easier for goods to cross frontiers and the need to achieve mutually satisfactory solutions of any difficulties arising out of the application of the said provisions.

Article 28

Revision

If a Contracting Party wishes to have this Agreement revised, it shall submit a proposal to that effect to the other Contracting Party. The revision shall take effect after the respective internal procedures have been completed.

Article 29

Rebalancing measures

1. A Contracting Party may, after consultations within the Joint Committee, take appropriate rebalancing measures, including suspension of Chapter III to this Agreement, if it finds that the other Contracting Party does not adhere to its conditions or if the equivalence of the Contracting Parties' customs security measures is no longer assured.

Where any delay could jeopardise the effectiveness of customs security measures, provisional protective measures may be taken, without prior consultation, provided that consultations are held immediately after their adoption.

2. If the equivalence of the Contracting Parties' customs security measures is no longer assured because the amendments provided for in Article 22(4) have not been decided, a Contracting Party may suspend the application of Chapter III from the date of implementation of the relevant Community act, unless the Joint Committee, having considered how to continue its application, decides otherwise.

3. The scope and duration of such measures shall be limited to what is necessary in order to remedy the situation and to secure a fair balance of rights and obligations under this Agreement. A Contracting Party may ask the Joint Committee to hold consultations about the proportionality of these measures and, where appropriate, decide to submit a dispute on the matter to arbitration in accordance with the procedure laid down in Annex III. No question of interpretation of provisions of this Agreement that are identical to corresponding provisions of Community law may be resolved within this framework.

Article 30

Prohibitions or restrictions on the import, export or transit of goods

The provisions of this Agreement shall not preclude prohibitions or restrictions on the import, export or transit of goods enacted by the Contracting Parties or by Member States of the Community and justified on grounds of public morality, public policy or public security, the protection of the health and life of humans, animals, plants or the environment, the protection of national treasures possessing artistic, historical or archaeological value, or the protection of industrial or commercial property.

Article 31

Denunciation

Any Contracting Party may denounce the Agreement by notifying the other Contracting Party. The Agreement shall lapse 12 months following the date of such notification.

Article 32

Annexes

The Annexes to this Agreement shall form an integral part thereof.

Article 33

Ratification

1. This Agreement shall be approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on 1 July 2009, provided that the Contracting Parties have notified one another before that date that the requisite procedures have been completed.

2. If this Agreement does not enter into force on 1 July 2009, it shall enter into force on the day following the date on which the Contracting Parties notify one another that the requisite procedures have been completed.

3. Pending completion of the procedures referred to in paragraphs 1 and 2, the Contracting Parties shall apply this Agreement provisionally from 1 July 2009 or a later date agreed between them.

4. As soon as it enters into force, this Agreement shall replace the Agreement of 21 November 1990 between the European Economic Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods.

Article 34

Languages

This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.

Съставено в Брюксел на двадесет и пети юни две хиляди и девета година.

Hecho en Bruselas, el veinticinco de junio de dos mil nueve.

V Bruselu dne dvacátého pátého června dva tisíce devět.

Udfærdiget i Bruxelles den femogtyvende juni to tusind og ni.

Geschehen zu Brüssel am fünfundzwanzigsten Juni zweitausendneun.

Kahe tuhande üheksanda aasta juunikuu kahekünne viiendal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις είκοσι πέντε Ιουνίου δύο χιλιάδες εννιά.

Done at Brussels on the twenty-fifth day of June in the year two thousand and nine.

Fait à Bruxelles, le vingt-cinq juin deux mille neuf.

Fatto a Bruxelles, addì venticinque giugnio duemilanove.

Briselē, divtūkstoš devītā gada divdesmit piektajā junijā

Priimta du tūkstančiai devintų metų birželio dvidešimt penktą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-kilencedik év június havának huszonötödik napján.

Magħmul fi Brussell, fil-ħamsa u għoxrin jum ta’ Ġunju tas-sena elfejn u disgħa.

Gedaan te Brussel, de vijfentwintigste juni tweeduizend negen.

Sporządzono w Brukseli dnia dwudziestego piątego czerwca roku tysiące dziewiątego.

Feito em Bruxelas, em vinte e cinco de Junho de dois mil e nove.

Încheiat la Bruxelles, la douăzeci și cinci iunie două mii nouă.

V Bruseli dňa dvadsiateho piateho júna dvetisícdeväť.

V Bruslju, dne petindvajsetega junija leta dva tisoč devet.

Tehty Brysselissä kahdentenakymmenentenäviidentenä päivänä kesäkuuta vuonna kaksituhattayhdeksän.

Som skedde i Bryssel den tjugofemte juni tjugohundranio.

За Европейската общност

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos Bendrijos vardu

Az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Pentru Comunitatea Europeană

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

За Конфедерация Швейцария

Por la Confederación Suiza

Za Švýcarskou konfederací

For Det Schweiziske Forbund

Für die Schweizerische Eidgenossenschaft

Šveitsi Konföderatsiooni nimel

Για την Ελβετική Συνομοσπονδία

For the Swiss Confederation

Pour la Confédération Suisse

Per la Confederazione svizzera

Šveices Konfederācijas vārdā

Šveicarijos Konfederacijos vardu

A Svájci Államszövetség részéről

Għall-Konfederazzjoni Żvizzera

Voor de Zwitserse Bondsstaat

W imieniu Konfederacji Szwajcarskiej

Pela Confederação Suíça

Pentru Confederația Elvețiană

Za Švajčiarskou konfederáciu

Za Švicarsko konfederacijo

Sveitsin valaliiton puolesta

På Schweiziska edsförbundets vägnar

▼M2

ANNEX I

ENTRY AND EXIT SUMMARY DECLARATIONS

TITLE I

ENTRY SUMMARY DECLARATION

Article 1

Electronic System relating to the entry summary declaration

1. The electronic Import Control System 2 (ICS2) shall be used for: (a) submitting, processing and storing the particulars of the entry summary declarations and other information relating to those declarations, relating to risk analysis for customs security and safety purposes, including the support of aviation security, and relating to the measures that must be taken based on the results of that analysis; (b) exchanging information concerning the particulars of the entry summary declaration and results of risk analysis of entry summary declarations, concerning other information necessary to perform that risk analysis, and concerning measures undertaken on the basis of risk analysis, including recommendations on places of control and the results of those controls; (c) exchanging information for monitoring and evaluating the implementation of the common security and safety risk criteria and standards and of the control measures and priority control areas.

2. The development and release dates of the sequenced deployment of the electronic system referred to in this Annex are the dates set out in the Union Customs Code project Import Control System 2 (ICS2) set out in the Annex to Commission Implementing Decision (EU) 2019/2151 ( 1 ).

The Contracting Parties are expected to be ready at the same time for each release at the start of the deployment window. Where deemed appropriate, the Contracting Parties may allow the economic operators to gradually connect to the system until the end of the deployment window provided for each of the releases. The Contracting Parties shall publish the deadlines and instructions for economic operators on their website.

3. Economic operators shall use a harmonised trader interface, designed by the Contracting Parties in agreement with each other, for submissions, requests for amendments, requests for invalidations, processing and storage of the particulars of entry summary declarations and for the exchange of related information with the customs authorities.

4. The customs authorities of the Contracting Parties may permit commercial, port or transport information systems to be used for lodging the particulars of the entry summary declaration, provided such systems contain the necessary particulars and those particulars are available within the time limits referred to in Article 7.

Article 2

Form and content of the entry summary declaration

1. The entry summary declaration, and the notification of arrival of a seagoing vessel or of an aircraft shall contain the particulars laid down in the following columns of Annex B to Commission Delegated Regulation (EU) 2015/2446 ( 2 ): (a) F10 to F16; (b) F20 to F33; (c) F40 to F45; (d) F50 and F51; (e) G2. The particulars of the entry summary declaration shall comply with the respective formats, codes and cardinalities set out in Annex B to Commission Implementing Regulation (EU) 2015/2447 ( 3 ) and be completed in accordance with the notes in those Annexes.

2. The particulars of the entry summary declaration may be provided by the submission of more than one dataset by more than one person.

3. The electronic system referred to in Article 1(1) shall be used for lodging a request for amendment or invalidation of an entry summary declaration or the particulars therein.

Where more than one person requests an amendment or an invalidation of the particulars of the entry summary declaration, each of those persons shall only be permitted to request the amendment or the invalidation of the particulars that he/she submitted.

4. The customs authorities of the Contracting Party, who registered the entry summary declaration, shall immediately notify the person who lodged the request for amendment or invalidation of their decision to register it or reject it.

Where the amendments to or invalidation of the particulars of the entry summary declaration are lodged by a person different from the carrier, the customs authorities shall also notify the carrier, provided that the carrier has requested to be notified and has access to the electronic system referred to in Article 1(1).

5. In accordance with Article 10(8) of the Agreement, until the date of the deployment of release 3 of the system referred to in Article 1(1) of this Annex, the Contracting Parties may carry out the security and safety related risk analysis on the basis of the transit declaration lodged in the New Computerised Transit System (NCTS) in accordance with the Convention on a Common Transit Procedure ( 4 ), including the exchange of risk analysis related information between the involved Contracting Parties, for goods transported by sea, inland waterways, road and rail.

NCTS is the electronic system that enables communication between the Contracting Parties, and between the Contracting Parties and economic operators for the purposes of submitting customs declaration for transit including all the particulars required for an entry or exit summary declaration and the notifications relating to those goods.

Before the deployment of release 3 of the system referred to in Article 1(1) of this Annex, the Contracting Parties shall assess whether or not, after that date, the customs authorities may continue to carry out the risk analysis on the basis of the transit declaration containing the particulars of an entry summary declaration lodged in NCTS ( 5 ) and shall modify the Agreement if necessary.

Article 3

Waiver from the obligation to lodge an entry summary declaration

1. An entry summary declaration shall not be required in respect of the following goods: (a) electrical energy; (b) goods entering by pipeline; (c) items of correspondence, which means letters, postcards, braille letters and printed matter that are not liable to import or export duty; (d) goods in postal consignments moved under the rules of the Universal Postal Union, as follows: (1) where the postal consignments are transported by air and have a Contracting Party as final destination, until the date set out for the deployment of release 1 of the electronic system referred to in Article 1(1); (2) where the postal consignments are transported by air and have a third country or third territory as final destination, until the date set out for the deployment of release 2 of the electronic system referred to in Article 1(1); (3) where the postal consignments are transported by sea, inland waters, road or rail, until the date set out for the deployment of release 3 of the electronic system referred to in Article 1(1); (e) goods for which an oral customs declaration or simple crossing of the border is permitted under the rules laid down by the Contracting Parties, provided that they are not carried under a transport contract; (f) goods contained in travellers’ personal baggage; (g) goods covered by ATA or CPD Carnets provided they are not carried under a transport contract; (h) goods entitled to relief pursuant to the Vienna Convention of 18 April 1961 on Diplomatic Relations, the Vienna Convention of 24 April 1963 on Consular Relations or other consular conventions, or the New York Convention of 16 December 1969 on Special Missions; (i) weapons and military equipment brought into the customs territory of one of the Contracting Parties by the authorities in charge of the military defence of the territory, in military transport or transport operated for the sole use of the military authorities; (j) the following goods brought into the customs territory of one of the Contracting Parties directly from offshore installations operated by a person established in the customs territory of one of the Contracting Parties: (1) goods which were incorporated in those offshore installations for the purposes of their construction, repair, maintenance or conversion; (2) goods which were used to fit or equip the said offshore installations; (3) provisions used or consumed on the said offshore installations; (4) non-hazardous waste from the said offshore installations; (k) goods in consignments the intrinsic value of which does not exceed EUR 22, provided that the customs authorities accept, with the agreement of the economic operator, to carry out risk analysis using the information contained in, or provided by, the system used by the economic operator, as follows: (1) where the goods are in consignments conveyed by or under the responsibility of an operator providing integrated services of expedited/time-definite collection, transport, customs clearance and delivery of parcels whilst tracking the location of, and maintaining control over such items throughout the supply of the service, hereafter referred to as ‘express consignments’, that are transported by air, until the date set out for the deployment of release 1 of the electronic system referred to in Article 1(1); (2) where the goods are transported by air other than in postal or express consignments, until the date set out for the deployment of release 2 of the electronic system referred to in Article 1(1); (3) where the goods are transported by sea, inland waterways, road or rail, until the date set out for the deployment of release 3 of the electronic system referred to in Article 1(1); (l) goods moved under cover of the NATO form 302 provided for in the Convention between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed in London on 19 June 1951, or under cover of the EU form 302 provided for in point 51 of Article 1 of Commission Delegated Regulation (EU) 2015/2446; (m) goods brought to one of the Contracting Parties from Ceuta and Melilla, Heligoland, the Republic of San Marino, the Vatican City State, the municipality of Livigno and the Swiss customs exclaves of Samnaun and Sampuoir; (n) the following goods on board vessels and aircraft: (1) goods which have been supplied for incorporation as parts of or accessories in those vessels and aircraft; (2) goods for the operation of the engines, machines and other equipment of those vessels or aircraft; (3) foodstuffs and other items to be consumed or sold on board; (o) products of sea-fishing and other products taken from the sea outside the customs territories of the Contracting Parties by their fishing vessels; (p) vessels, and the goods carried thereon, entering the territorial waters of one of the Contracting Parties with the sole purpose of taking on board supplies without connecting to any of the port facilities; (q) household effects as defined in the legislation of the respective Contracting Parties provided that they are not carried under a transport contract.

2. An entry summary declaration shall not be required in the cases provided for in an international agreement concluded between a Contracting Party and a third country on security, subject to the procedure laid down in Article 9(3) of the Agreement.

3. An entry summary declaration shall not be required in cases where the goods temporarily leave the customs territories of the Contracting Parties during transport by sea or air between two points of those customs territories and without having stopped in a third country.

Article 4

Place for lodging an entry summary declaration

1. The entry summary declaration shall be lodged at the customs office that is competent for customs supervision at the place in the customs territory of one of the Contracting Parties where the means of transport carrying the goods arrives or, where applicable, is destined to arrive, from a third country or a third territory (hereafter referred to as the ‘customs office of first entry’).

2. Where the entry summary declaration is lodged by the submission of more than one dataset, or by the submission of the minimum dataset, the person submitting the partial or minimum dataset shall do so to the customs office that, according to his/her knowledge, should be the customs office of first entry. If that person does not know the place in the customs territories of the Contracting Parties at which the means of transport carrying the goods is expected to first arrive, the customs office of first entry may be determined based on the place to which the goods are consigned.

3. The customs authorities of the Contracting Parties may allow the entry summary declaration to be lodged at another customs office, provided that the latter immediately communicates or makes available electronically the necessary particulars to the customs office of first entry.

Article 5

Registration of an entry summary declaration

1. The customs authorities shall register each submission of particulars of the entry summary declaration upon its receipt and shall immediately notify the declarant or its representative of its registration and shall communicate a Master Reference Number of the submission and the date of registration to that person.

2. From the date of the deployment of release 2 of the electronic system referred to in Article 1(1), where the entry summary declaration is lodged by a person other than the carrier, the customs authorities shall immediately notify the carrier of the registration, provided that the carrier has requested to be notified and has access to that electronic system.

Article 6

Lodging of an entry summary declaration

Where none of the waivers from the obligation to lodge an entry summary declaration in Article 10 of the Agreement and Article 3 of this Annex applies, the particulars of the entry summary declaration shall be provided as follows:

(a) for goods transported by air, (1) express carriers shall lodge, for all consignments, the minimum dataset from the date of the deployment of release 1 of the electronic system referred to in Article 1(1) of this Annex; (2) postal operators shall lodge, for all consignments having a Contracting Party as final destination, the minimum dataset from the date of the deployment of release 1 of the electronic system referred to in Article 1(1) of this Annex; (3) by the submission of one or more than one dataset through the electronic system referred to in Article 1(1) of this Annex, from the date of the deployment of release 2 of that system;

(b) for goods transported by sea, inland waterways, road and rail, by the submission of one or more than one dataset through the electronic system referred to in Article 1(1) of this Annex, from the date of the deployment of release 3 of that system.

Article 7

Time limits for lodging an entry summary declaration

1. Where the goods are brought into the customs territories of the Contracting Parties by sea, the entry summary declaration shall be lodged within the following time limits: (a) for containerised cargo, other than where point (c) or point (d) applies, at the latest 24 hours before the goods are loaded onto the vessel on which they are to be brought into the customs territories of the Contracting Parties; (b) for bulk or break bulk cargo, other than where point (c) or (d) applies, at the latest four hours before the arrival of the vessel at the first port of entry into the customs territories of the Contracting Parties; (c) at the latest two hours before arrival of the vessel at the first port of entry into the customs territories of the Contracting Parties in the case of goods coming from any of the following: (1) Greenland; (2) the Faeroe Islands; (3) Iceland; (4) ports on the Baltic Sea, the North Sea, the Black Sea and the Mediterranean Sea; (5) all ports of Morocco; (d) for movement, other than where point (c) applies, between a territory outside the customs territories of the Contracting Parties and the French overseas departments, the Azores, Madeira or the Canary Islands, where the duration of the voyage is less than 24 hours, at the latest two hours before arrival at the first port of entry into the customs territories of the Contracting Parties.

2. Where the goods are brought into the customs territories of the Contracting Parties by air, the full particulars of the entry summary declaration shall be lodged as soon as possible and in any case within the following time limits: (a) for flights with a duration of less than four hours, at the latest by the time of the actual departure of the aircraft; (b) for other flights, at the latest four hours before the arrival of the aircraft at the first airport in the customs territories of the Contracting Parties.

3. From the date of the deployment of release 1 of the electronic system referred to in Article 1(1), postal operators and express carriers shall lodge at least the minimum dataset of the entry summary declaration as soon as possible and at the latest before the goods are loaded onto the aircraft on which they are to be brought into the customs territories of the Contracting Parties.

4. From the date of the deployment of release 2 of the electronic system referred to in Article 1(1), economic operators other than postal operators and express carriers shall lodge at least the minimum dataset of the entry summary declaration as soon as possible and at the latest before the goods are loaded onto the aircraft on which they are to be brought into the customs territories of the Contracting Parties.

5. From the date of the deployment of release 2 of the electronic system referred to in Article 1(1), where only the minimum dataset of the entry summary declaration has been provided within the time limits referred to in paragraphs 3 and 4 of this Article, the other particulars shall be provided within the time limits specified in paragraph 2 of this Article.

6. Until the date of the deployment of release 2 of the electronic system referred to in Article 1(1), the minimum dataset of the entry summary declaration lodged in accordance with paragraph 3 of this Article shall be considered as the full entry summary declaration for goods in postal consignments having a Contracting Party as final destination and for goods in express consignments with an intrinsic value not exceeding EUR 22.

7. Where the goods are brought into the customs territories of the Contracting Parties by rail, the entry summary declaration shall be lodged within the following time limits: (a) where the train voyage from the last train formation station located in a third country to the customs office of first entry takes less than two hours, at the latest one hour before arrival of the goods at the place for which that customs office is competent; (b) in all other cases, at the latest two hours before the arrival of the goods at the place for which the customs office of first entry is competent.

8. Where the goods are brought into the customs territories of the Contracting Parties by road, the entry summary declaration shall be lodged at the latest one hour before the arrival of the goods at the place for which the customs office of first entry is competent.

9. Where the goods are brought into the customs territories of the Contracting Parties by inland waterways, the entry summary declaration shall be lodged at the latest two hours before arrival of the goods at the place for which the customs office of first entry is competent.

10. Where the goods are brought into the customs territories of the Contracting Parties on a means of transport which is, itself, transported on an active means of transport, the time limit for lodging the entry summary declaration shall be the time limit applicable to the active means of transport.

11. The time limits referred to in paragraphs 1 to 10 shall not apply in the case of force majeure .

12. Subject to the procedure referred to in Article 9(3) of the Agreement, the time limits mentioned in paragraphs 1 to 10 of this Article shall not apply where international agreements on security between a Contracting Party and third countries provide otherwise.

Article 8

Security and safety related risk analysis and security and safety related customs controls relating to the entry summary declarations

1. Risk analysis shall be completed before the arrival of the goods at the customs office of first entry, provided that the entry summary declaration has been lodged within the time limits laid down in Article 7, unless a risk is identified or an additional risk analysis needs to be carried out.

Without prejudice to the first subparagraph of this paragraph, a first risk analysis on goods to be brought into the customs territories of the Contracting Parties by air shall be carried out as soon as possible upon receipt of the minimum dataset of the entry summary declaration referred to in Article 7(3) and (4).

2. The customs office of first entry shall complete the risk analysis for security and safety purposes after the following exchange of information through the electronic system referred to in Article 1(1): (a) immediately after registration, the customs office of first entry shall make the particulars of the entry summary declaration available to the customs authorities of the Contracting Parties indicated in those particulars and to the customs authorities of the Contracting Parties that have recorded in the electronic system information relating to security and safety risks that matches particulars of that entry summary declaration; (b) within the time limits laid down in Article 7, the customs authorities of the Contracting Parties referred to in point (a) of this paragraph shall perform a risk analysis for security and safety purposes and, if they identify a risk, they shall make the results available to the customs office of first entry; (c) the customs office of first entry shall take into account the information on risk analysis results provided by the customs authorities of the Contracting Parties referred in point (a) to complete the risk analysis; (d) the customs office of first entry shall make the results of the completed risk analysis available to the customs authorities of the Contracting Parties that contributed to the risk analysis and to those that are potentially concerned by the movement of the goods; (e) the customs office of first entry shall notify the completion of the risk analysis to the following persons, provided that they have requested to be notified and have access to the electronic system referred to in Article 1(1): — the declarant or his/her representative; — the carrier, if different from the declarant and his/her representative.

3. Where the customs office of first entry requires further information on the particulars of the entry summary declaration for the completion of the risk analysis, that analysis shall be completed after that information has been provided.

For those purposes, the customs office of first entry shall request that information from the person that lodged the entry summary declaration or, where applicable, the person that submitted the particulars of the entry summary declaration. Where that person is different from the carrier, the customs office of first entry shall inform the carrier, provided that the carrier has requested to be notified and has access to the electronic system referred to in Article 1(1).

4. Where the customs office of first entry has reasonable grounds to suspect that goods brought by air could pose a serious aviation security threat, it shall require that the consignment, before being loaded on an aircraft bound for the customs territories of the Contracting Parties, be screened as High Risk Cargo and Mail in accordance with point 4 of the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport ( 6 ) laying down detailed measures for the implementation of the common basic standards on aviation security. The customs office of first entry shall notify the following persons, provided that they have access to the electronic system referred to in Article 1(1): — the declarant or his/her representative; — the carrier, if different from the declarant and his/her representative. Following that notification, the person who lodged the entry summary declaration, or where applicable, the person that submitted the particulars of the entry summary declaration shall provide the customs office of first entry with the results of that screening and with all other related relevant information. The risk analysis shall only be completed after that information has been provided.

5. Where the customs office of first entry has reasonable grounds to consider that goods brought by air or containerised cargo brought by sea, as referred to in Article 7(1)(a), would pose such a serious threat to security and safety that immediate action is required, it shall direct that the goods are not to be loaded on the relevant means of transport. The customs office of first entry shall notify the following persons, provided that they have access to the electronic system referred to in Article 1(1): — the declarant or his/her representative; — the carrier, if different from the declarant and his/her representative. That notification shall be made immediately after the detection of the relevant risk and, in the case of containerised cargo brought by sea as referred to in Article 7(1)(a), at the latest within 24 hours of the receipt of the entry summary declaration or, where applicable, of the particulars of the entry summary declaration by the carrier. The customs office of first entry shall also immediately inform the customs authorities of the Contracting Parties of that notification and make the relevant particulars of the entry summary declaration available to them.

6. Where a consignment has been identified as posing a threat of such nature that immediate action is required upon arrival of the means of transport, the customs office of first entry shall take that action upon arrival of the goods.

7. After completing the risk analysis, the customs office of first entry may recommend, through the electronic system referred to in Article 1(1), the most appropriate place and measures to carry out a control.

The customs office competent for the place that has been recommended as the most appropriate for control shall decide on the control and shall make, through the electronic system referred to in Article 1(1), the results of that decision available to all the customs offices of the Contracting Parties potentially concerned by the movement of goods, at the latest at the moment of presentation of the goods at the customs office of first entry.

8. The customs offices shall make the results of their security and safety related customs controls available to other customs authorities of the Contracting Parties through the system referred to in Article 1(1) where: (a) the risks are assessed by a customs authority as being significant and requiring customs control and the results of the control establish that the event triggering the risks has occurred; or (b) the control results do not establish that the event triggering the risks has occurred, but the customs authority concerned considers the threat to present a high risk elsewhere in the customs territories of the Contracting Parties; or (c) it is necessary for a uniform application of the rules in the Agreement. The Contracting Parties shall exchange in the system referred in Article 12(3) of the Agreement the information on the risks mentioned under points (a) and (b) of this paragraph.

9. Where goods for which the obligation to lodge an entry summary declaration is waived in accordance with Article 3(1)(c) to (f), (h) to (m), (o) and (q) are brought into the customs territories of the Contracting Parties, the risk analysis shall be carried out upon the presentation of the goods.

10. Goods presented to customs may be released as soon as the risk analysis has been carried out and the results of the risk analysis and, where required, the measures taken, allow such a release.

11. Risk analysis shall also be carried out if the particulars of the entry summary declaration are amended in accordance with Article 2(3) and (4). In that case, without prejudice to the time limit laid down in the third subparagraph of paragraph 5 of this Article for containerised cargo brought by sea, the risk analysis shall be completed immediately upon receipt of those particulars unless a risk is identified or an additional risk analysis needs to be carried out.

Article 9

Provision of particulars of an entry summary declaration by other persons

1. From the date set out for the deployment of release 2 of the electronic system referred to in Article 1(1), where, for the same goods transported by air, one or more persons other than the carrier have concluded one or more transport contracts covered by one or more air waybills, the following rules apply: (a) the person issuing an air waybill shall inform the person who concluded a transport contract with him/her of the issuance of that air waybill; (b) in the case of a goods co-loading arrangement, the person issuing the air waybill shall inform the person with whom he/she entered into that arrangement of the issuance of that air waybill; (c) the carrier and any of the persons issuing an air waybill shall provide, in the particulars of the entry summary declaration, the identity of any person that did not make the particulars required for the entry summary declaration available to them; (d) if the person issuing the air waybill does not make the particulars required for the entry summary declaration available to his/her contractual partner who issues an air waybill to him/her, or to his/her contractual partner with whom he/she concluded a goods co-loading arrangement, the person who does not make the required particulars available shall provide those particulars to the customs office of first entry.

2. From the date set out for the deployment of release 2 of the electronic system referred to in Article 1(1), where the postal operator does not make the particulars required for the entry summary declaration of postal consignments available to the carrier that is obliged to lodge the rest of the particulars of the declaration through that system, the following rules apply: (a) the postal operator of destination, if the goods are consigned to the Contracting Parties, or the postal operator of the Contracting Parties of first entry, if the goods are transiting through the Contracting Parties, shall provide those particulars to the customs office of first entry; and (b) the carrier shall provide, in the particulars of the entry summary declaration, the identity of the postal operator that does not make the particulars required for the entry summary declaration available to him/her.

3. From the date set out for the deployment of release 2 of the electronic system referred to in Article 1(1), where the express carrier does not make the particulars required for the entry summary declaration of express consignments transported by air available to the carrier, the following rules apply: (a) the express carrier shall provide those particulars to the customs office of first entry; and (b) the carrier shall provide, in the particulars of the entry summary declaration, the identity of the express carrier that does not make the particulars required for the entry summary declaration available to him/her.

4. From the date set out for the deployment of release 3 of the electronic system referred to in Article 1(1), where, in the case of transport by sea or inland waterways, for the same goods, one or more additional transport contracts covered by one or more bills of lading have been concluded by one or more persons other than the carrier, the following rules apply: (a) the person issuing the bill of lading shall inform the person that concluded a transport contract with him/her about the issuance of that bill of lading; (b) in the case of a goods co-loading arrangement, the person issuing the bill of lading shall inform the person with whom he/she entered into that arrangement of the issuance of that bill of lading; (c) the carrier and any of the persons issuing a bill of lading shall provide, in the particulars of the entry summary declaration, the identity of any person that has concluded a transport contract with them and has not provided them with the particulars required for the entry summary declaration; (d) the person issuing the bill of lading shall provide, in the particulars of the entry summary declaration, the identity of the consignee indicated in the bill of lading as not having underlying bills of lading that has not made the particulars required for the entry summary declaration available to him; (e) if the person issuing the bill of lading does not make the particulars required for the entry summary declaration available to his/her contractual partner who issues a bill of lading to him/her, or to his/her contractual partner with whom he/she concluded a goods co-loading arrangement, the person who does not make the required particulars available shall provide those particulars to the customs office of first entry; (f) if the consignee indicated in the bill of lading that has no underlying bills of lading does not make the particulars required for the entry summary declaration available to the person issuing that bill of lading, he/she shall provide those particulars to the customs office of first entry.

Article 10

Diversion of a sea-going vessel or an aircraft entering the customs territory of the Contracting Parties

1. From the date set out for the deployment window of release 2 of the electronic system referred to in Article 1(1), where an aircraft is diverted and has arrived in the first place at a customs office located in a country that was not indicated as a country of routing in the entry summary declaration, the actual customs office of first entry shall, through that system, retrieve the particulars of the entry summary declaration, the risk-analysis results and the control recommendations made by the expected customs office of first entry.

2. From the date set out for the deployment window of release 3 of the electronic system referred to in Article 1(1), where a sea-going vessel is diverted and has arrived in the first place at a customs office located in a country that was not indicated as a country of routing in the entry summary declaration, the actual customs office of first entry shall, through that system, retrieve the particulars of the entry summary declaration, the risk-analysis results and the control recommendations made by the expected customs office of first entry.

TITLE II

TECHNICAL ARRANGEMENTS FOR THE IMPORT CONTROL SYSTEM 2

Article 11

Import Control System 2

1. The ICS2 shall support communication between the economic operators and the Contracting Parties for the purposes of fulfilment of entry summary declaration requirements, risk analysis by the Contracting Parties’ customs authorities for security and safety purposes and customs measures that aim to mitigate those risks including security and safety related customs controls, and the communication between the Contracting Parties for the purpose of fulfilment of entry summary declaration requirements.

2. The ICS2 shall consist of the following common components developed at Union level: (a) a shared trader interface; (b) a common repository.

3. Switzerland shall develop a national entry system as a national component available in Switzerland.

4. Switzerland may develop a national trader interface as a national component available in Switzerland.

5. The ICS2 shall be used for the following purposes: (a) submitting, processing and storing the particulars of the entry summary declarations, requests for amendments and invalidations in accordance with Article 10 of the Agreement and this Annex; (b) receiving, processing and storing the particulars of entry summary declarations extracted from the declarations referred to in Article 10 of the Agreement and this Annex; (c) submitting, processing and storing of information regarding arrival and notifications of arrival of a sea-going vessel or an aircraft in accordance with Article 10 of the Agreement and this Annex; (d) receiving, processing and storing of information regarding presentation of goods to customs authorities of the Contracting Parties in accordance with Article 10 of the Agreement and this Annex; (e) receiving, processing and storing of information regarding risk analysis requests and results, control recommendations, decisions on controls and control results in accordance with Articles 10 and 12 of the Agreement and this Annex; (f) receiving, processing, storing and communicating of the notifications and information to and from the economic operators in accordance with Articles 10 and 12 of the Agreement and this Annex; (g) submitting, processing and storing of information by the economic operators requested by customs authorities of the Contracting Parties in accordance with Articles 10 and 12 of the Agreement and this Annex.

6. The ICS2 shall be used to support the monitoring and evaluating by the Contracting Parties of the implementation of the common security and safety risk criteria and standards and of the control measures and priority control areas referred to in Article 12 of the Agreement.

7. The authentication and access verification of economic operators for the purposes of access to the common components of the ICS2 shall be effected using the Uniform User Management and Digital Signature (hereinafter referred to as ‘UUM&DS’) platform referred to in Article 13.

8. The authentication and access verification of Contracting Parties’ officials for the purposes of access to the common components of the ICS2 shall be effected using the network services provided by the Union.

9. The harmonised trader interface shall be an entry point to the ICS2 for economic operators in accordance with Article 1.

10. The harmonised trader interface shall interoperate with the ICS2 common repository referred to in paragraphs 12 to 14.

11. The harmonised trader interface shall be used for submissions, requests for amendments, request for invalidations, processing and storage of the particulars of the entry summary declarations and notifications of arrival, as well as exchange of information between the Contracting Parties and economic operators.

12. The ICS2 common repository shall be used by the Contracting Parties for processing of the particulars of entry summary declarations, requests for amendment, requests for invalidation, notifications of arrival, information regarding presentation of goods, information regarding risk analysis requests and results, control recommendations, control decisions, and control results and information exchanged with economic operators.

13. The ICS2 common repository shall be used by the Contracting Parties for the purpose of statistics and evaluation, and for the exchange of entry summary declaration information between the Contracting Parties.

14. The ICS2 common repository shall interoperate with the harmonised trader interface, national trader interfaces where developed by the Contracting Parties, and with the national entry systems.

15. The customs authority of a Contracting Party shall use the common repository to consult a customs authority of the other Contracting Party in accordance with Articles 10 and 12 of the Agreement and this Annex before completing the risk analysis for security and safety purposes. The customs authority of a Contracting Party shall also use the common repository to consult with the other Contracting Party on the recommended controls, decisions taken with regard to recommended controls and on the results of security and safety related customs controls in accordance with Articles 10 and 12 of the Agreement and this Annex.

16. The national trader interface, where developed by the Contracting Parties, shall be an entry point to the ICS2 for economic operators in accordance with Article 1 where the submission is addressed to the Contracting Party operating the national trader interface.

17. With respect to submissions, amendments, invalidation, processing, storage of the particulars of the entry summary declarations and notifications of arrival, as well as exchange of information between the Contracting Parties and economic operators, economic operators may choose to use the national trader interface, where developed, or the harmonised trader interface.

18. The national trader interface, where developed, shall interoperate with the ICS2 common repository.

19. When Switzerland develops a national trader interface, it shall inform the Union thereof.

20. A national entry system shall be used by the customs authorities of the Contracting Parties for exchange of entry summary declaration particulars extracted from the declarations referred in Article 10 of the Agreement, exchange of information and notifications with the common repository for information regarding arrival of sea-going vessel or an aircraft, information regarding presentation of goods, processing of risk analysis requests, exchange and processing of information regarding risk analysis results, of control recommendations, of control decisions and of control results.

21. The national entry system shall also be used in the cases where a customs authority of a Contracting Party requests further information from the economic operators and receives information thereof.

22. The national entry system shall interoperate with the common repository.

23. The national entry system shall interoperate with systems developed at national level for retrieving information referred to in paragraph 20.

Article 12

Functioning of the Import Control System 2 and training in the use thereof

1. The common components shall be developed, tested, deployed and managed by the Union. The national components shall be developed, tested, deployed and managed by Switzerland.

2. Switzerland shall ensure that the national components are interoperable with the common components.

3. The Union shall perform the maintenance of the common components and Switzerland shall perform the maintenance of its national components.

4. The Contracting Parties shall ensure uninterrupted operation of the electronic systems.

5. The Union may change the common components of the electronic systems to correct malfunctions, to add new functionalities or alter existing ones.

6. The Union shall inform Switzerland of changes and updates to the common components.

7. Switzerland shall inform the Union of changes and updates to the national components that may have repercussions on the functioning of the common components.

8. The Contracting Parties shall make the information on the changes and updates to the electronic systems pursuant to paragraphs 6 and 7 publicly available.

9. In the case of temporary failure of the ICS2, the business continuity plan determined by the Contracting Parties shall apply.

10. The Contracting Parties shall inform each other of the unavailability of the electronic systems resulting from a temporary failure.

11. The Union shall support Switzerland on the use and functioning of the common components of the electronic systems by providing the appropriate training material.

Article 13

Uniform User Management and Digital Signature platform

1. A Uniform User Management and Digital Signature (or ‘UUM&DS’) platform shall enable the communication between the identity and access management systems of the Contracting Parties referred to in paragraph 6 for the purposes of providing secure authorised access to the electronic systems to the Contracting Parties’ officials and economic operators.

2. The UUM&DS platform shall consist of the following common components: (a) an access management system; (b) an administration management system.

3. The UUM&DS platform shall be used to ensure the authentication and access verification of: (a) economic operators for the purposes of having access to ICS2; (b) the Contracting Parties’ officials for the purposes of having access to the common components of the ICS2 and for the purposes of maintenance and management of the UUM&DS platform.

4. The Contracting Parties shall set up the access management system to validate the access requests submitted by economic operators within the UUM&DS platform by interoperating with the Contracting Parties’ identity and access management systems referred to in paragraph 6.

5. The Contracting Parties shall set up the administration management system to manage the authentication and authorisation rules for validating the identification data of economic operators for the purposes of allowing access to the electronic systems.

6. The Contracting Parties shall set up an identity and access management system to ensure: (a) a secure registration and storage of identification data of economic operators; (b) a secure exchange of signed and encrypted identification data of economic operators.

Article 14

Data management and ownership and security

1. The Contracting Parties shall ensure that the data registered at national level corresponds to the data registered in the common components and is kept up to date.

2. By derogation from paragraph 1, the Contracting Parties shall ensure that the following data corresponds to and is kept up to date with data in the common repository of ICS2: (a) data registered at national level and communicated from the national entry system to the common repository; (b) data received from the common repository to the national entry system.

3. The data in the ICS2 common components that is communicated to or registered in the shared trader interface by an economic operator may be accessed or processed by that economic operator.

4. The data in the ICS2 common components: (a) communicated to a Contracting Party by an economic operator through the harmonised trader interface into the common repository may be accessed and processed by that Contracting Party in the common repository. Where needed, that Contracting Party may also access this information registered in the harmonised trader interface; (b) communicated to or registered in the common repository by a Contracting Party may be accessed or processed by that Contracting Party; (c) referred to in points (a) and (b) of this paragraph may also be accessed and processed by the other Contracting Party where the latter is involved in the risk analysis and/or control process to which the data relates in accordance with Articles 10 and 12 of the Agreement and this Annex; (d) may be processed by the Commission in cooperation with the Contracting Parties for the purposes referred to in Article 1(1)(c) and Article 11(6). The results of such processing may be accessed by the Commission and the Contracting Parties.

5. The data in the ICS2 common component that is registered in the common repository by the Union may be accessed by the Contracting Parties. This data may be processed by the Union.

6. The Union shall be the system owner of the common components.

7. Switzerland shall be the system owner of its national components.

8. The Union shall ensure the security of the common components while Switzerland shall ensure the security of its national components.

9. For those purposes, the Contracting Parties shall take, at least, the necessary measures to: (a) prevent any unauthorised person from having access to installations used for the processing of data; (b) prevent the entry of data and any consultation, modification or deletion of data by unauthorised persons; (c) detect any of the activities referred to in points (a) and (b).

10. The Contracting Parties shall inform each other of any activities that might result in a breach or a suspected breach of the security of the electronic systems.

11. The Contracting Parties shall establish security plans concerning all systems.

12. The data registered in the components of the ICS2 shall be stored for a minimum of three years after its registration. The Contracting Parties may exceed this period where required by relevant national legislation.

Article 15

Processing of personal data

For ICS2 and UUM&DS in relation to the processing of personal data therein:

(a) Switzerland and the Union Member States shall act as controllers in compliance with the provision of Article 14 of the Agreement;

(b) the Commission shall act as processor and shall comply with the obligations imposed on it in that respect pursuant to Regulation (EU) No 2018/1725 of the European Parliament and of the Council ( 7 ), except that, where processing the data for monitoring and evaluating the implementation of the common security and safety risk criteria and standards and of the control measures and priority control area, the Commission shall act as a joint controller.

Article 16

Participation in the development, maintenance and management of ICS2

The Union shall enable Swiss experts to participate as observers for items concerning the development, maintenance and management of the ICS2 in meetings of the Customs Expert Group and the respective working groups. The Union shall decide on a case-by-case basis on the participation of the Swiss experts in meetings of the working groups in which only a limited number of Union Member States are represented and which report to the Customs Expert Group.

TITLE III

Article 17

Financing Arrangements concerning the responsibilities, commitments and expectations upon the implementation and operation of the ICS2

Regarding the extension of the use of ICS2 to Switzerland, and in consideration of Chapter III and this Annex, these Financing Arrangements (hereinafter referred to as ‘the Arrangement’) define the elements of collaboration between the Contracting Parties, related to the ICS2.

(a) The Commission will develop, test, deploy, manage and operate the ICS2 central components consisting of a shared trader interface and a common repository (hereinafter ‘ICS2 central components’), including the applications and services required for their operation and interconnection with the IT systems in Switzerland such as TAPAS, UUM&DS, CCN2ng middleware, and commits to make them available to Switzerland.

(b) Switzerland will develop, test, deploy, manage and operate the ICS2 national components.

(c) Switzerland and the Commission agree to share the development and one-off costs of ICS2 central components as well as the operational costs of ICS2 central components, related applications and services required for their operation and interconnection, as follows: (1) Part of the ICS2 development costs of central components will be invoiced by the Commission to Switzerland in accordance with letters (d) and (e). The development costs cover the software development of the central components and the acquisition and installation of the related infrastructure (hardware, software, hosting, licences, etc.). The allocation formula concerns 4 % of all costs for the mentioned services. (2) The maximum development costs will be capped at EUR 550 000 (five hundred and fifty thousand) per release. (3) Part of the ICS2 and TAPAS operational costs will be invoiced by the Commission to Switzerland in accordance with letters (f), (g) and (h). The operational costs cover the conformance testing, the maintenance of the infrastructure (hardware, software, hosting, licences, etc.) of the ICS2 central components and of the related applications and services required for their operation and interconnection (quality assurance, helpdesk and IT service management). The allocation formula concerns 4 % of all costs for the mentioned services. (4) The operational costs related to the use of ICS2 for Switzerland shall not exceed the maximum amount of EUR 450 000 (four hundred and fifty thousand) per year. (5) The development and operational costs of national component(s) will be entirely borne by Switzerland. (6) Switzerland shall be kept informed of the planned evolution of the costs and shall be informed of the main elements for the development of ICS2 that might have an impact on these costs.

(d) Switzerland agrees to participate in the costs for the development and conformance testing of ICS2 central components incurred prior to the implementation of the Agreement. For this purpose: (1) the Commission will inform Switzerland of the estimated amount of necessary contribution from the years prior to the implementation of the Agreement; (2) by 15 May each year, starting from 15 May 2021, the Commission will request Switzerland to pay its contribution to these prior costs in equal instalments over the first four years of use of ICS2.

(e) Switzerland agrees to participate in the development costs of the ICS2 central components. For this purpose: (1) Switzerland agrees to pay its participation in the development costs of release 1, release 2 and release 3 of the ICS2; (2) by 15 May each year, starting from 15 May 2021, the Commission will request Switzerland to pay its contribution to the development of the latest release on the basis of a duly-documented debit note issued by the Commission.

(f) Switzerland agrees to participate in the operational costs of the ICS2 central components. For this purpose: (1) by 31 July each year, starting from 31 July 2021, the Commission will inform Switzerland of the estimated operational costs for the following year and send to Switzerland the estimated amount of necessary contribution for the next year in writing. Switzerland will be informed in the same way and at the same time as the Commission informs each one of the other members of ICS2, as well as of the main aspects of the development of the ICS2; (2) by 15 May 2021 only, the Commission will request from Switzerland to pay its annual contribution for the operational costs of year 2020 amounting to EUR 110 000 , as well as the estimated annual contribution for 2021 amounting to EUR 280 000 . By 15 May each year, starting from 15 May 2022, the Commission will request Switzerland to pay its annual contribution for that year plus the amount of the balance (negative or positive) of the previous year on the basis of a duly-documented debit note issued by the Commission; (3) by 31 January each year, starting from 31 January 2022, the Commission will: — clear the accounts relating to the past annual costs of operating the ICS2 and TAPAS on the basis of the sum already paid by Switzerland as against actual costs incurred by the Commission and will provide Switzerland with a statement of account containing a breakdown of costs identifying the different services and the supply of software; and — provide Switzerland with the actual annual costs, i.e. real operational costs, for the past year. The Commission will calculate the actual and estimated costs in accordance with its contracts with contractors established under the current procedures for the award of contracts. The balance (negative or positive) between the actual costs and the estimated amount of the previous year will be calculated and communicated to Switzerland via a statement of account from the Commission. The statement of account will include the estimated annual amount for the contribution, plus the amount of the balance (negative or positive), resulting in a net amount that the Commission will invoice to Switzerland via the annual debit note.

(g) The payment by Switzerland will take place after the issuing date of the debit note. All payments must be made to the Commission bank account indicated on the debit note, within 60 days.

(h) If Switzerland pays the amounts provided for in letter (c) later than the dates specified in letter (g), the Commission may charge interest on the arrears (at the rate applied by the European Central Bank to its operations in euro, published in the ‘C’ series of the Official Journal of the European Union, on the day on which the deadline for repayment expires, plus one and a half points). The same rate will apply to payments to be made by the Union.

(i) If Switzerland requests specific adjustments to or new IT products for the ICS2 central components, applications or services, the initiation and completion of those developments is subject to a separate, mutual agreement regarding resource needs and development costs.

(j) All training materials created and maintained by the Contracting Parties shall be shared with all parties free of charge via electronic means. Switzerland may copy, distribute, display and perform the work and make derivative works based on the shared training materials: (1) only if they give the author the credits in the manner specified in the shared training material; (2) only for non-commercial purposes.

(k) The Contracting Parties agree to acknowledge and fulfil their respective responsibilities in relation to the usage of the ICS2 central components as described in this Annex.

(l) In the event of serious misgivings as to the proper functioning of this Annex or the ICS2, either Contracting Party may suspend the application of this arrangement provided that the other Contracting Party has been notified in writing three months in advance.

TITLE IV

EXIT SUMMARY DECLARATION

Article 18

Form and content of the exit summary declaration

1. The exit summary declaration shall be lodged using a data processing technique. Commercial, port or transport documentation may be used, provided that it contains the necessary particulars.

2. The exit summary declaration shall contain the particulars laid down for such declaration in columns A1 and A2 of Chapter 3 of Annex B of Commission Delegated Regulation (EU) 2015/2446 and comply with their respective formats, codes and cardinalities set out in Annex B of Commission Implementing Regulation (EU) 2015/2447. It shall be completed in accordance with the notes in those Annexes. The exit summary declaration shall be authenticated by the person who completed it.

3. The customs authorities shall allow the lodging of a paper-based exit summary declaration, or any other means replacing it as agreed between the customs authorities, only in one of the following circumstances: (a) where the customs authorities’ computerised system is not functioning; (b) where the electronic application of the person lodging the exit summary declaration is not functioning, provided that the customs authorities apply the same level of risk management as that applied to exit summary declarations made using a data processing technique. The paper-based exit summary declaration shall be signed by the person who completed it. Such paper-based exit summary declarations shall be accompanied, where necessary, by loading lists or other appropriate lists, and shall contain the particulars referred to in paragraph 2.

4. Each Contracting Party shall define the conditions and procedures according to which the person lodging the exit summary declaration may modify one or more of the particulars of the declaration after lodging it.

Article 19

Waiver from the obligation to lodge an exit summary declaration

1. An exit summary declaration shall not be required in respect of the following goods: (a) electrical energy; (b) goods leaving by pipeline; (c) items of correspondence, which means letters, postcards, braille letters and printed matter that are not liable to import or export duty; (d) goods in postal consignments moved under the rules of the Universal Postal Union; (e) goods for which an oral customs declaration or a declaration by simple crossing the border is permitted in accordance with the legislation of the Contracting Parties with the exception of pallets, containers, means of transport, as well as spare parts, accessories and equipment for such items, when carried under a transport contract; (f) goods contained in travellers’ personal luggage; (g) goods covered by ATA and CPD Carnets; (h) goods entitled to relief pursuant to the Vienna Convention on Diplomatic Relations of 18 April 1961, the Vienna Convention on Consular Relations of 24 April 1963 or other consular conventions, or the New York Convention of 16 December 1969 on Special Missions; (i) weapons and military equipment brought out of the customs territory of a Contracting Party by the authorities in charge of the military defence of the Contracting Parties, in military transport or transport operated for the sole use of the military authorities; (j) the following goods brought out from the customs territory of a Contracting Party directly to offshore installations operated by a person established in a customs territory of the Contracting Parties: (1) goods to be used for construction, repair, maintenance or conversion of the offshore installations; (2) goods to be used to fit to or equip the offshore installations; (3) provisions to be used or consumed on the offshore installations; (k) goods moved under cover of the NATO form 302 provided for in the Convention between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed in London on 19 June 1951, or under cover of the EU form 302 provided for in point (51) of Article 1 of Commission Delegated Regulation