AGREEMENT in the form of an exchange of letters on the amendment of the Agreement between the European Economic Community and the Swiss Confederation on the application of the rules on Community transit

Brussels, ...

Your Excellency,

The Joint Committee set up under the Agreement between the European Economic Community and the Swiss Confederation on the application of the rules on Community transit signed on 23 November 1972 has proposed certain amendments to that Agreement in its recommendation 1/77 of 7 March 1977. The proposed amendments are annexed hereto.

I have the honour to inform you that the Community is in agreement with these amendments and I would propose that they enter into force on 1 July 1977. I should be grateful if you would confirm the agreement of your Government to these amendments and to the date for their entry into force.

Please accept, Your Excellency, the assurance of my highest consideration.

For the Council of the European Communities

Brussels, ...

Sir,

I have the honour to acknowledge receipt of your letter of today worded as follows:

"The Joint Committee set up under the Agreement between the European Economic Community and the Swiss Confederation on the application of the rules on Community transit signed on 23 November 1972 has proposed certain amendments to that Agreement in its recommendation 1/77 of 7 March 1977. The proposed amendments are annexed hereto.

I have the honour to inform you that the Community is in agreement with these amendments and I would propose that they enter into force on 1 July 1977. I should be grateful if you would confirm the agreement of the Swiss Confederation to these amendments and to the date for their entry into force."

I have the honour to confirm the agreement of my Government to the contents of your letter and to the date proposed for the entry into force of the amendments.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Swiss Confederation

ANNEX Amendment to the Agreement between the European Economic Community and the Swiss Confederation on the implementation of the Community transit regulations

1. Article 1 (1):

The words "Appendices I to IX" are replaced by the words "Appendices I and II".

2. The second sentence of the second subparagraph of Article 2 (2) is replaced by the following:

"However, in the case of Articles 1 and 7 of the Regulation on Community transit (Appendix I) and the first subparagraph of Article 41 of the Regulation on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (Appendix II) the word "Community" relates exclusively to the European Economic Community".

3. Article 6 is amended as follows: (a) The second sentence of paragraph 2 is replaced by the following:

"Subject to the provisions of Article 69 (b) and (c) of the Regulation on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (Appendix II) and those of paragraph 4, they are also empowered to issue T 2 L documents for goods consigned to Switzerland."

(b) Paragraphs 3 and 4 are replaced by the following:

"3. Without prejudice to the provisions of Article 41 of the Regulation on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (Appendix II), a Community transit operation may be terminated at an office other than that specified in the T 1 or T 2 document provided that both offices belong to the same Contracting Party. That office shall then become the office of destination.

4. Customs offices may not issue T 2 L documents for goods carried under the procedure for the international transport of goods under cover of TIR carnets unless goods to be unloaded in the territory of one of the Contracting Parties are carried together with goods to be unloaded in the territory of a non-contracting Party to the Agreement."

4. Article 8 is replaced by the following: "1. Subject to the provisions of paragraph 2, goods whose carriage begins in Switzerland shall be considered as moving under the external Community transit procedure when the provisions of Title IV, Section I of the Regulation on the provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (Appendix II) are applied.

2. Subject to the provisions of Article 6 of this Agreement, the Swiss office of departure shall, in respect of goods referred to in Article 1 (3) of the Regulation on Community transit (Appendix I), indicate on sheet 3 of the International Consignment Note that the goods to which it relates are being forwarded under the procedure for internal Community transit. Accordingly the office of departure shall enter the symbol "T 2" in box 25 which shall also be stamped. For goods carried under cover of an International Express Parcels Consignment Note, the symbol "T 2" and the stamp shall be entered on sheet 4.

A reference to the serial numbers of the loading lists relating to goods referred to in Article 1 (3) of the Regulation on Community transit (Appendix I) shall be inserted in box 25 of the International Consignment Note or on the International Express Parcels Consignment Note in respect of transactions of a kind referred to in Article 9 (2) of the Regulation on the provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (Appendix II).

3. Symbol "T 1" need not be shown on either of the documents mentioned above in respect of goods referred to in Article 1 (2) of the Regulation on Community transit (Appendix I).

4. The provisions of Article 41 of the Regulation on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (Appendix II) shall not apply when the carriage begins in Switzerland or when goods enter the Community via Switzerland."

5. Article 9 (2) is replaced by the following:

"2. However, the additional copy referred to above shall not be required when the goods are carried under the conditions laid down in Title IV, Section I of the Regulation on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (Appendix II)."

6. Article 11 (1) is replaced by the following:

"1. In relations between the Community and the Swiss Confederation, any carriage of goods which begins in the Community under the Community transit procedure which must be covered by a guarantee which is also valid for the Swiss Confederation subject to the exemptions provided for in Articles 42 (1), 43 (1) and 46 (2) of the Regulation on Community transit (Appendix I) and in Article 26 of the Regulation on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (Appendix II)."

7. Article 12 (1) and (3):

The words "Appendix X" are replaced by the words "Appendix III".

8. Article 13 is amended as follows: (a) Paragraph 1 is replaced by the following: "1. The provisions set out in square brackets in Appendices I and II and listed below shall not apply: >PIC FILE= "T0010456">

However, the provisions of Articles 4, 15, 41, 44 (1) and (2), 47, 50 to 53 of Appendix I and of Articles 27 to 34, 35 (a), 42 (2) and (4), 50 (a), 51, 54 second paragraph, 68 (1) and 74 of Appendix II shall continue to apply in Member States."

(b) Paragraph 3 is replaced by the following:

"3. A unit of account, for the purposes of applying Articles 22 to 25 of the Regulation on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (Appendix II), means the value of 0 788867088 gram of fine gold."

9. Article 16 (2) and (3) is replaced by the following:

"2. In particular it shall recommend: (a) amendments to this Agreement other than those referred to in paragraph 3 (b) below;

(b) any other measure required for its application.

3. It shall adopt by Decision: (a) amendments to the Appendices to this Agreement made necessary by amendments to the rules on Community transit;

(b) amendments to the Agreement made necessary by amendments to the Appendices to this Agreement;

(c) amendments to this Agreement having a direct relationship with the accession to the European Communities of the Kingdom of Denmark, Ireland, and the United Kingdom of Great Britain and Northern Ireland.

The Contracting Parties shall implement such Decisions in accordance with their own rules."

10. Article 17 is replaced by the following:

"The following shall form an integral part of this Agreement: - Appendices I to III, excluding the provisions in square brackets referred to in Article 13 (1);

- the exchanges of letters in Annexes I to III."

11. The Protocol on the application of Article 6 (1) of the Agreement and Annex III to the Agreement are revoked. Annex IV becomes Annex III.