COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(93) 334 final 
Brussels, 16 July 1993 
Draft Recommendation No 1/93 of the EEC-EFTA Joint Committee on 
Common Transit 
for the amendment of the Convention of 20 May 1987 on a common 
transit procedure 
- Common position of the Community -
Proposal for a 
COUNCIL DECISION 
concerning the conclusion of the Agreement in the form of an 
exchange of letters between the European Economic Community and the 
Republic of Austria, the Republic of Finland, the Republic of 
Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss 
Confederation relating to the amendment of the Convention of 
20 May 1987 on a common transit procedure 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. The EEC-EFTA Convention of 20 May 1987 CD contains provisions for 
the implementation of a common transit procedure between the 
Contract ing Part ies. 
2. At the fifth meeting of the EEC/EFTA Joint Committee on common 
transit and the simplification of formalities in trade in goods held 
on 24 September 1992 in Brussels, it was agreed to open up the two 
Conventions to permit the accession of new Contracting Parties and in 
particular, facilitate trade and administrative procedures between 
the existing Contracting Parties and the countries of Central and 
Eastern Europe. Initially, the candidates for accession by invitation 
are Hungary, Poland, Czech Republic and Slovak Republic. 
Consequently, amendments to the Convention on common transit are 
required. 
3. Article 15 (2) of the Convention between the European Economic 
Community and the Republic of Austria, the Republic of Finland, the 
Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and 
the Swiss Confederation on a common transit procedure empowers the 
Joint Committee set up by that Convention to make recommendations for 
amendments to the Convention. 
4. This is the subject of the attached draft Recommendation No 1/93. 
This draft was presented to and finalized in the Committee on 
Community Transit and the EEC-EFTA Working Party: Common Transit. 
5. The arrangements contained in this draft Recommendation do not impose 
any burdens on business. They do not comprise any special measures 
for small and medium sized businesses and do not have any foreseen 
negative effect on business and employment. These arrangements do not 
have any effect on the Commission's budget. 
(1) 0J NO L 226, 13.8.1987, p. 2 
- 2 -
This draft Recommendation is submitted to the Council with a view to 
obtaining a common position for final adoption by the Joint Committee 
EEC-EFT.A on Common Transit at its meeting on 23 September 1993, in 
Oslo, 
Draft Recommendation No 1/93 of the EEC-EFTA Joint Committee on 
Common Transit 
for the amendment of the Convention of 20 May 1987 on a common 
transit procedure 
THE JOINT COMMITTEE, 
Having regard to the Convention of 20 May 1987 on a common transit 
procedure, and in particular Article 15(2)(a) thereof, 
Whereas the Convention of the 20 May 1987 contains the Common Transit 
rules in trade between the Community and the EFTA countries and between 
those countries themselves; 
Whereas the Convention should be amended to allow for the accession of 
third countr ies, 
HEREBY RECOMMENDS that the Contracting Parties to the Convention: 
amend it, with effect from , along the lines set out in 
the proposal annexed to this recommendation, 
inform each other, by means of an exchange of letters, of their 
acceptance of this recommendation. 
Done at 
For the Joint Committee 
The Chairman 
Annex 
Proposed amendment to the Convention between the 
European Economic Community, the Republic of Austria, 
the Republic of Finland, the Republic of Iceland, 
the Kingdom of Norway, the Kingdom of Sweden and the 
Swiss Confederat ion on a common transit procedure 
The Convention between the European Economic Community, the Republic of 
Austria, the Republic of Finland, the Republic of Iceland, the Kingdom 
of Norway, the Kingdom of Sweden and the Swiss Confederation is amended 
as fo11OWS: 
A. Article 3 is replaced by the following text: 
'Article 3 
1. For the purposes of this Convention, the term-. 
(a) "transit11 shall mean a procedure under which goods are carried 
under the control of the competent authorities from one office 
of a Contracting Party to another office of the same 
Contracting Party or that of another Contracting Party over at 
least one front ier; 
(b) "country", shall mean any EFTA country, any Member State of the 
Community, or any other State which has acceded to this 
Convent ion-, 
(c) "third country" shall mean any State which is not a Contracting 
Party to this Convention. 
2. From the date on which the accession of a new Contracting Party 
becomes effective in accordance with Article 15a, all 
references in the Convention to EFTA countries shall apply to 
that country mutatis mutandis, and solely for the purposes of 
this Convent ion. 
3. In the application of the rules laid down in this Convention 
for the T1 or T2 procedure, the EFTA countries and the 
Community and its Member States shall have the same rights and 
obligations.' 
B. Article 15(3) is replaced by the following: 
"3. It shall adopt by decision: 
(a) amendments to the Appendices; 
(b) amendments of the definition of the ECU as set out in 
Article 10(3); 
(c) other amendments to this Convention made necessary by 
amendments to the Appendices; 
(d) measures to be taken under Article 28(2) of Appendix I; 
(e) transitional measures required in the case of the accession of 
new Member States to the Community; 
(f) invitations to third countries within the meaning of 
Article 3(1)(c) to accede to this Convention in accordance with 
Article 15a. 
Such decisions shall be put into effect by the Contracting Parties 
in accordance with their own legislation." 
C. The following is added after Article 15(4): 
"5. Decisions of the Joint Committee referred to in paragraph 3(f) 
inviting a third country to accede to this Convention shall be 
sent to the General Secretariat of the Council of the European 
Communities, which shall communicate it to the third country 
concerned, together with a text of the Convention in force on 
that date. 
6. From the date referred to in paragraph 5, the third country 
concerned may be represented on the Joint Committee, 
subcommittees and working parties by observers." 
D. The following title and Article 15A are inserted after Article 15: 
"Accession of third countries 
Article 15A 
1. Any third country may become a Contracting Party to this 
Convention if invited to do so by the depositary of the 
Convention following a decision of the Joint Committee. 
2. A third country invited to become a Contracting Party to this 
Convention shall do so by lodging an instrument of accession 
with the General Secretariat of the Council of the Euorpean 
Communities. The said instrument shall be accompanied by a 
translation of the Convention into the official language of the 
acceding country. 
3. The accession shall become effective on the first day of the 
second month following the lodging of the instrument of 
accession. 
4. The depositary shall notify all Contracting Parties of the date 
on which the instrument of accession was lodged and the date on 
which the accession will become effective. 
5. Recommendations and decisions of the Joint Committee referred 
to in Article 15(2) and (3) adopted between the date referred 
to in paragraph 1 and the date on which accession becomes 
effective shall also be communicated to the invited third 
country via the General Secretariat of the Council of the 
European Communities. 
A declaration accepting such acts shall be inserted either in 
the instrument of accession or in a separate instrument lodged 
with the General Secretariat of the Council of the European 
Communities within six months of the communication. If the 
declaration is not lodged within that period the accession 
shall be considered void." 
Proposal for a 
COUNCIL DECISION 
concerning the conclusion of the Agreement in the form of an 
exchange of letters between the European Economic Community and the 
Republic of Austria, the Republic of Finland, the Republic of 
Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss 
Confederation relating to the amendment of the Convention of 
20 May 1987 on a common transit procedure 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and in particular Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas Article 15(2) of the Convention between the European Economic 
Community and the Republic of Austria, the Republic of Finland, the 
Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and 
the Swiss Confederation on a common transit procedure1 empowers the 
Joint Committee set up by that Convention to make recommendations for 
amendments to the Convention; 
Whereas the Convention has been amended to allow the accession of new 
Contracting Parties; 
Whereas the amendments in question are set out in Recommendation 
No 1/93 of the Joint Committee; whereas the Agreement in the form of 
an exchange of letters relating to that recommendation should be 
approved, 
HAS DECIDED AS FOLLOWS: 
1 OJ No L 226, 13.8.1987, p. 2. 
Article 1 
The Agreement in the form of an exchange of letters between the 
European Economic Community and the Republic of Austria, the Republic 
of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom 
of Sweden and the Swiss Confederation relating to the amendment of the 
Convention of 20 May 1987 on a common transit procedure is hereby 
approved on behalf of the Community. 
The text of the Agreement is attached to this Decision. 
Art icle 2 
The President of the Council is hereby authorized to designate the 
person empowered to sign the Agreement in order to bind the Community. 
Done at Brussels, 
For the CounciI 
The President 
\o 
AGREEMENT 
IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC 
COMMUNITY AND THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND, THE 
REPUBLIC OF ICELAND, THE KINGDOM OF NORWAY, THE KINGDOM OF SWEDEN 
AND THE SWISS CONFEDERATION RELATING TO THE AMENDMENT OF THE 
CONVENTION OF 20 MAY 1987 ON A COMMON TRANSIT PROCEDURE 
il 
Letter No 1 
Brussels, 
Sir, 
In its Recommendation No 1/93 of the EEC-EFTA Joint 
Committee on common transit proposed a number of amendments to the EEC-
EFTA Convention of 20 May 1987 on a common transit procedure. The 
proposed amendments are set out in the Annex. 
I have the honour to confirm that the Community is in agreement with 
those amendments and I propose that, subject to any change which may be 
made, they come into force on I should be obliged if you 
would confirm that your Government is in agreement with the amendments 
and the proposed date on which they are to enter into force. 
Please accept, Sir, the assurance of my highest consideration. 
On behalf of the Commission 
of the European Communities 
il 
Letter No 2 
Brussels, 
Sir, 
I have the honour to acknowledge receipt of your letter which reads as 
fol lows: 
'In its Recommendation No 1/93 of the EEC-EFTA Joint Committee on 
common transit proposed a number of amendments to the EEC-EFTA 
Convention of 20 May 1987 on a common transit procedure. The 
proposed amendments are set out in the Annex. 
I have the honour to confirm that the Community is in agreement 
with those amendments and I propose that, subject to any change 
which may be made, they come into force on I should 
be obliged if you would confirm that your government is in 
agreement with the amendments and the proposed date on which they 
are to enter into force.' 
I have the honour to confirm that my Government is in agreement with 
the contents of your letter and the proposed date on which the 
amendments are to enter into force. 
Please accept, Sir, the assurance of my highest consideration. 
On behalf of the 
Government of .. 
15 
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COM(93) 334 final 
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