Brussels, 5.1.2005

SEC(2004) 1723 final

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Draft

DECISION No. 1/2005 OF THE EC-EFTA JOINT COMMITTEE ON «COMMON TRANSIT»

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

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- Draft common position of the Community -(presented by the Commission)

EXPLANATORY MEMORANDUM

The common transit Convention of 20 May 1987 [1] establishes the measures and formalities facilitating the movement of goods between the EC and the EFTA countries.

It was noted that the formalities concerning the preparation of the transit declaration were too rigid where goods are transported in containers by road vehicles and did not correspond to the commercial practise at container terminals that have high levels of traffic.

It is therefore considered appropriate to allow a level of flexibility when entering the data into the transit declaration as long as it is ensured that the proper information is subsequently entered. However, this flexibility is limited to the Competent Authorities with a view to containers that are to be transported by road vehicles.

This is the object of the draft decision n° 1/2005 of the EC-EFTA Joint Committee. This draft decision received the favourable opinion from the EC-EFTA Working group on Common Transit.

This draft decision is submitted to the Council in order to establish a common position with a view to its final adoption by the EC-EFTA Joint Committee "Common transit" byway of the written procedure.

Draft

DECISION No. 1/2005 OF THE EC-EFTA JOINT COMMITTEE ON «COMMON TRANSIT»

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

THE JOINT COMMITTEE,

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

Whereas:

(1) The identity and nationality of means of transport at departure is regarded as mandatory information that has to be entered in box 18 of a transit declaration;

(2) At container terminals that have high levels of traffic it may occur that the details of the road means of transport to be used for the transport are unknown at the time when the transit formalities are carried out Nevertheless, the identification of the container in which the goods subject to the transit declaration will be carried, is available and is already indicated in box 31 of the transit declaration;

(3) Under these circumstances and considering that the goods can be controlled on this basis, an appropriate degree of flexibility should be offered by allowing the box 18 of the transit declaration not to be completed, in so far as it can be ensured that the proper details will be subsequently entered in the relevant box.

(4) The Convention should therefore be amended accordingly

HAS DECIDED AS FOLLOWS:

Article 1

Annex A7 to the Convention of 20 May 1987 on a common transit procedure is amended in accordance with the Annex to this decision.

Article2

This decision shall enter into force on the day it is adopted.

It shall apply from […].

Done at […], on […].

For the Joint Committee

The Chairman

ANNEX

In Annex A7, Title II, Point I of the Convention of 20 May 1987 on a common transit procedure, the following second subparagraph is inserted in the explanatory note for box 18:

However where goods are carried in containers that are to be transported by road vehicles, Competent Authorities may authorise the principal to leave this box blank where the logistical pattern at the point of departure may prevent the identity and nationality of the means of transport to be provided at the time of establishment of the transit declaration, and where they can ensure that the proper information concerning the means of transport shall be subsequently entered in box 55.

[1] OJ L 226, 13.8.1987, p. 2. Convention as last amended by Decision No 2/2002, OJ L 4, 9.1.2003, p. 18.

[2] OJ L 226, 13.8.1987, p. 2. Convention as last amended by Decision No 2/2002, OJ L 4, 9.1.2003, p. 18.