COMVIISSION OF THE EUROPEAN COMVIUNITIES 
COM(90) 39 final 
Brussels, 5 February 1990 
Proposal for a 
COUNCIL DECISION 
CONCLUDING AN AGREEMENT 
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY 
AND THE SWISS CONFEDERATION ON THE 
SIMPLIFICATION OF INSPECTIONS AND FORMALITIES 
IN RESPECT OF THE CARRIAGE OF GOODS 
(presented by the Commission) 
Report on the negotiations 
I. introduction 
Further to the Joint Declaration adopted In Luxembourg on 9 April 
1984 and the subsequent positions adopted at ministerial level 
(conclusions of the Council of 15 September 1986; declaration by 
the EFTA Ministers of 2 December 1986; the Brussels declaration of 
2 February 1988), whereby the Ministers of the Member States of 
the Community and of the EFTA countries and the Commission 
expressed their political willingness to expand cooperation 
between the Community and the EFTA countries In order to create "a 
dynamic European economic area, of benefit to their countries", 
the Council adopted on 21 June 1989 a decision authorizing the 
Commission to open negotiations with a view to the conclusion of 
agreements between the Community and those EFTA countries which so 
wished on the simplification of Inspections and formalities in 
respect of the carriage of goods. 
Accordingly, negotiations were held with the Swiss Confederation. 
Pursuant to the Council decision based on Article 113 of the 
Treaty, the Commission conducted these negotiations with the Swiss 
Confederation, which had declared that It wished to enter into 
negotiations, and regularly consulted the representatives of the 
Member States. 
To allow for proper consultation, five negotiating meetings were 
held, on the following dates: 
- first session: 26-27 June 1989, 
- second session: 12 September 1989, 
- third session: 6-7 November 1989, 
- fourth session: 4-5 December 1989, 
- fifth session: 19 December 1989. 
The agreement was Initialled on 20 December 1989. 
The purpose of this report Is to convey to the Council the results 
of those negotiations, having regard in particular to the 
directives contained in the Decision of 21 June 1989. 
it. Structure of the agreement 
The text of the agreement, which is based very largely on Council 
Directive 83/643/EEC of 1 December 1983 on the simplification of 
physical inspections and administrative formalities in respect of 
the carriage of goods between Member States (OJ No L 359 of 22 
December 1983, p. 8), as amended by Council Directive 87/53/EEC of 
15 December 1986 (OJ No L 24 of 27 January 1987, p. 33), is 
structured as follows: 
-Article 1 defines the types of Inspection and formality to 
which the agreement applies; 
- Article 2 defines the scope of the agreement; 
- Article 3 Inserts a territorial clause to cover the case of 
Liechtenstein; 
- Article 4 establishes the principle that inspections shall be 
random and that the use of simplified procedures and 
electronic administrative data processing shall be 
facilitated; it also covers the siting of customs offices; 
- as the Council requested in Its negotiating directives, 
Articles 5 and 6 contain specific rules relating to the 
veterinary and plant health aspects respectively; 
-Article 7 provides for the delegation of powers between 
authorities responsible for talcing action to ensure the flow 
of traffic in all circumstances; 
- Article 8 covers recognition of the Inspections carried out 
and the documents drawn up by the competent authorities of 
the other contracting party, 
- Article 9 concerns the opening hours of frontier posts; 
- Article 10 deals with the establishment of express lanes; 
-Articles 11, 12, 13 and 14 concern cooperation between the 
authorities of the contracting parties and lay a duty on the 
contracting parties to 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; 
- Article 15, 16, 17 and 18 cover the administration of the 
agreement and provide, In particular, for the establishment 
of a Joint Committee to this end; 
- article 19 concerns certain payment facilities for any sums 
payable; 
- Article 20 concerns the measures to be taken by the 
contracting parties to ensure that the agreement Is 
effectively and harmoniously applied; 
- Article 21 contains a denunciation clause; 
-Article 22 covers ratification procedures and the date of 
entry into force; 
-Article 23 specifies the languages In which the text of the 
agreement shall be drawn up. 
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III. Brief analysis of the agreement in the light of the Council's 
negotiating directives 
The annex to the Council Decision of 21 June 1989 contains the 
negotiating directives for the Commission. 
To date, of the EFTA countries, only the Swiss Confederation has 
declared its willingness to conclude such an agreement. 
Following the negotiations with the Swiss Confederation, the 
situation Is as follows: 
1. Scsae. 
The object of the negotiations was to facilitate the carriage 
of goods between the Community and the Swiss Confederation, and 
between two points in the Community Involving the crossing of 
Swiss territory. Objective achieved (see Article 22). 
2. Simplification measures 
The aim was to achieve, in the context of the carriage of goods 
which have to cross a border between the Swiss Confederation 
and the Community, the objectives of Directive 83/643, subject 
to the specific rules on the veterinary and plant health 
aspects. Objective achieved. 
5 
3. Institutional provisions 
The Council's directives provided for the establishment of a 
Joint Committee responsible for examining all matters relating 
to the application of the agreement. Objective achieved. 
4. Sfifi&LaJ Instructions In connection with the agreement on the 
application of the common transit procedure and on the single 
administrative document 
The Council stated that the agreement must take account of the 
agreements concluded between the Community and the EFTA 
countries on the application of the common transit procedure 
and on the simplification of formalities relating to trade in 
goods (the single administrative document). Objective achieved. 
CONCLUSION 
To sum up, the Commission takes the view that the agreement negotiated 
with the Swiss Confederation fully accords with the objectives pursued 
in the negotiations on the basis of the directives issued to it by the 
Council for this purpose, and that it is In the interests of the 
Community to conclude the agreement. 
The Commission therefore proposes that the Council conclude this 
agreement by adopting the attached draft proposal. 
C 
PROPOSAL FOR A COUNCIL DECISION 
CONCLUDING AN AGREEMENT 
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY 
AND THE SWISS CONFEDERATION 
ON THE SIMPLIFICATION OF INSPECTIONS AND FORMALITIES 
IN RESPECT OF THE CARRIAGE OF GOODS 
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 the conclusion of an agreement between the European Economic 
Community and the Swiss Confederation on the simplification of 
Inspections and formalities in respect of the carriage of goods must 
make It possible to Improve the flow of traffic across the frontiers 
between the contracting parties; whereas it Is therefore advisable to 
conclude such an agreement; 
HAS ADOPTED THIS DECISION: 
Article 1 
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 Is hereby concluded on behalf of the 
European Economic Community. 
7 
Article 2 
The Community shall be represented on the Joint Committee provided for 
in Article 15 of the Agreement by the Commission, assisted by the 
representatives of the Member States. 
Artlcia a 
The President of the Council is hereby authorized to designate the 
person empowered to sign the Agreement referred to in Article 1 and to 
confer on that person the powers required to bind the Community. 
Done at Brussels, 
For the CounclI 
The President 
3BB-SWISS QQMnBPKRATTCW 
CH THE SEMPUFTGATICN OF IHSPBCT1CHS AMD FDBMAUTIES 
IN RESPECT OF TF* ruwnTMSR CSP cqçgtf 
Preamble 
THE CCMTRACTING PARTIES, 
CONSIDERING toe free trade agreements oonolnded between the European 
Eoanomic Oommmlty and the Swiss Confederation; 
(XNSlUKklNG the Joint Declaration adopted In Luxembourg an 9 April 1984 by 
Ministers of the EFTA countries and the Member States of the Coranunity and 
the Cannission 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 Ocraounity 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 facilitate the passage of goods at frontiers 
between the European Roononrio Community and the Swiss Confederation; 
CONSIDERING that such facilitation should be progressively developed in 
accordance with the achievement of the European Economic area; 
ACKNOWLEDGING that the conditions under which Inspections and formalities 
are carried out ma? be extensively harmonized without impairing their 
purpose, their proper implementation and their effectiveness; 
CONSIDERING that no provision of this Agreement may be interpreted as 
exempting the Contracting Parties from their obligations under other 
International agreements, 
HAVE TECUM) TO OOHCmPK THIS AGREBfBIT: 
-1Û 
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CHAETHBLI 
GBBRftL PROVISIONS 
ArtJrilft 1 
Pftf Initions. 
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. 
ATlilrilft ?t 
SûQpa 
1. without prejudice to the specific provisions In force under agreements 
concluded between the European Economic Community, hereinafter called "the 
Community", and the Swiss Confederation, this Agreement shall apply to 
inspections and formalities concerning the carriage of goods which have to 
cross a frontier between Switzerland and the Community, hereinafter 
referred to as the "Contracting Parties". 
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2. This Agreement shall not apply to inspections or formalities: 
- in respect of ships and aircraft as means of transport; however, it 
shall apply to vehicles and goods carried by the said means of 
transport; 
- required for the issue of health or plant-health certificates in the 
country of origin or of provenance of the goods. 
ATM*!» a 
Territories, covered 
1. This Agreement shall apply, on the one hand, to the territories in 
which the Treaty establishing the European Koonomlo Community is applied 
and under the conditions laid down by that Treaty and, on the other hand, 
to the territory of the Swiss Confederation. 
2. This Agreement shall also apply to the Principality of Lichtenstein for 
as long as that Principality remains bound to the Swiss Confédération by a 
customs union treaty. 
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CHAPTER H 
FJPCBUUKEB 
rVrtiKflft 4 
1. UkVfc as otherwise expressly provided In this Agreement, the Contracting 
Partit** shall take the necessary measures to ensure that: 
- the different inspections and formalities provided for in Article 2(1) 
are carried out with the minimum delay necessary and, in so far as 
possible, at one place; 
- inspections are carried out by means of random checks, except in duly 
justified cixcumstanoes. 
«. i-uL- the purposes of implementing the second indent of paragraph 1, the 
jj&toxd ior carrying out random checks shall be the total number of 
cons laments passing through a frontier post and presented to a customs 
offlue or 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 
d&ta~proQ6SHing and ^ta—'fciwTff»1 flglon techniques for the purposes of the 
export, transit and Import of goods. 
4. The Contracting Parties shall endeavour to deploy customs offices, 
4,m\\ii1ng those in the Interior of their territory, In such a way as best 
to take account of the requirements of or—jioiul operators. 
1% 
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Article 8 
Yfitflrlmry nilfw 
In areas relating to the protection of human and animal health and the 
protection of animals, implementation of the principles set out in 
Articles 4, 8 and 14 and the rules governing the fees to be charged in 
respect of the formalities and inspections carried out shall be the subject 
of specific recommendations to be adopted In accordance with Article 17 of 
the Agreement. 
A£tiGle_fi 
Plant hfftlth mlffi 
1. Plant health Inspections of Imports shall take the form only of random 
checks and sample testing except in duly justified circumstances. Such 
inspections shall be carried out at either the place of destination of the 
goods or another place designated within the respective territories on 
condition that the itinerary of the goods is affected to the least possible 
extent. 
2. The rules governing the carrying out of Identity checks on Imports in 
relation to goods covered by plant health legislation shall be determined 
by means of decisions to be adopted by the Joint Committee In accordance 
with Article 17 of this agreement. The measures pertaining to the fees to 
be charged In respect of plant health formalities and inspections shall be 
the subject of recommendations made by the Joint Committee in acoordanne 
with Article 17 of this agreement. 
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3. Paragraphs 1 and 2 shall not apply to goods of other than Community or 
Swiss origin except in oases where, by their nature, they present no plant 
health risk or in oases where they have undergone a plant health inspection 
on entering the territory of the respective Contracting Parties, and are 
found, at the time of such Inspections, to meet the requirements relating 
to plant health laid down In the legislation of each Contracting Party. 
4. Where a Contracting Party considers that there is imminent danger of 
the introduction or spread of harmful organisms in its territory, it may 
take such temporary measures as are necessary to protect itself against 
that danger. The Contracting Parties shall notify one another forthwith of 
the measures taken and of the reasons which made them necessary. 
AxlilOlrt 7 
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, in so far 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. 
iç 
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A-rMnlft q 
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, 
recognize 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. 
Axtiole_a 
1. Where the volume of traffic so warrants, the Contracting Parties «h*n 
see to it that: 
(a) frontier posts are open, except when traffic is prohibited, so that: 
- frontiers can be crossed twenty-four 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 protect 
animals; 
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- Inspections and formalities relating to the movement of means of 
transport and goods which are not moving under a customs transit 
prooedure may be performed from Monday to Friday during an 
uninterrupted period of at least ten 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 subparagraph (a) are adapted in such a way 
as to meet actual needs and for that purpose are split or extended if 
necessary. 
2. Where general compliance with the periods referred to In the second 
indent of subparagraph 1(a) and in subparagraph 1(b) poses problems for 
veterinary services, the Contractiog Parties shall see to it that, subject 
to at least twelve hours' notice being given by the carrier, a veterinary 
expert is available during those periods; in the case of the transport of 
live animals, however, the period of such notice may be Increased to 
eighteen hours. 
3. Where several frontier posts are situated in the immediate vicinity of 
one and the same frontier zone, the Contracting Parties may jointly agree 
to derogate from paragraph 1 provided that the other posts in that zone 
are, in fact, able to clear goods and vehicles In accordance with that 
paragraph. 
/? 
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4. 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 sped finally requested ^ming 
business hours and for sound reasons, provixie 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. 
Artilalft 10 
£xnrâSjS_Jâneâ 
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 uner 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. 
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ÛQQESBAXKK 
Oopoeration between 
1. In order to facilitate the crossing of frontiers, the Contracting 
Parties shall take the measures necessary to extend coopération at both 
national and regional or local level between the authorities responsible 
for the organization of Inspections and between the various departments 
carrying out inspections and formalities on either side of such frontiers. 
2. Each Contracting Party shall, in so far 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 coopération 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 harmonization 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 harmonize the 
business hours of the various departments carrying out inspections and 
formalities on either side of the frontier. 
' / 
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AjtlOlft 12 
HotJ.flQAt.lnri of mm lTTffpfyrft1flnfi nm 
Where a Contracting Party Intends to Introduce a new inspection or 
formality, 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. 
Axt.10.1ft Iff 
Free flow of traffic. 
The Contracting Parties shall take the measures necessary to ensure that 
waiting time caused by the various Inspections and formalities does not 
«gnftfti the time required for their proper completion. To that end, they 
shall organize 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. 
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2. The competent authorities of countries in whose territory serious 
disruption in regard to the carriage of goods occurs, which is likely to 
jeopardize the objectives of simplifying 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, where they shall be the subject of consultations. 
Article 14 
A^in1n1fftrftt1vft afiRlstrftfioft 
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, provixie each other 
with all available information (including administrative findings and 
reports) of Interest for the proper ijnplementation of this Agreement. 
2. Assistance may be withheld or denied, in whole or in part, where the 
requested country considers that the assistance would be prejudicial to its 
security, public policy (ordre public) or other essential Interests, or 
would violate an Industrial, ocMMiyrtal or professional secret. 
9 / 
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3. If assistance is withheld or denied, the requesting country ahuii be 
notified of the decision and the reasons therefor without delay. 
4. If the customs authority of a 000x1117 requests assistance which it 
would not be able to give if requested, it shall draw attention to that 
fact In its 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 afforded to Information of nw> 
nature under the national law of that country. Such Information «HAII 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 IV 
ATimn-ffTRRTJC BODIES 
Artide IB 
fTnlntr OT—IW*0 
1. A Joint Committee is hereby established on which the Contracting 
Parties to this Agreement shall be represented. 
2. The Joint Committee shall act by mutual agreement. 
3. The Joint Committee shall meet whenever necessary but at least once a 
year. Any Contracting Party may request that a meeting be held. 
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4. The Joint Committee shall adopt its own rules of procedure which shall 
contain, iryfc'w» »n«-, provisions for convening meetings and for the 
designation of the chairman and M« term of office. 
5. The Joint Committee may decide to set up any sub-committee or working 
party that can assist it in carrying out its duties. 
Article 16 
Cpflflultatlon 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 organizational nature at regional or local level. 
2. Such consultation groups 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 17 
JBPieBrs_of thft 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 
jaTiA.ii make recommendations and take decisions. 
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2. In addition to the matters for which express provision is made 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. 
3. Decisions shall be Implemented by the Contracting Parties in accordance 
with their own rules. 
4. For the purposes of the proper Implementation of the Agreement, the 
Joint Committee shall be Informed at regular Intervals by the Contracting 
Parties of experience gained in its implementation and those Parties shall, 
at the request of any one of them, consult one another within the Joint 
Committee. 
Axtilolft 1ft 
SfittlfflBRnt of fllfiputflfL 
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 ami cable settlement thereof. 
it, 
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CHAPTER V 
ranYTfiifws 
Artlftlft 19 
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 payable. 
Article 2Q 
Xraqpl flmfy^tilnn nf +P* Agffiflnpntf 
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 21 
Any Contracting Party may denounce the Agreement by so notifying the other 
Contracting Party. The Agreement shall lapse 12 months following the date 
of such notification. 
2 s 
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1. This Agreement shall be approved by the Contracting Parties in 
accordance with their own procedures. It shall enter into force on 
1 July 1991 on condition that the Contracting Parties have notified one 
another prior to that date that the requisite procedures have been 
completed. 
2. If this Agreement does not enter into force on 1 July 1991, it «h«.n 
enter into force on the first day of the second month following the date on 
which the Contracting Parties notify one another that the requisite 
procedures have been completed. 
Art-mift 2fl 
languages 
This Agreement shall be drawn up In duplicate in the Danish, Dutch, 
English, French, German, Greek, Italian, Portuguese and Spanish languages, 
all texts being equally authentic. 
Done at, the 1990 
For the Swiss Delegation For the Delegation of the 
Commission of the European 
Communities 
Ct 
ISSN 0254-1475 
COM(90) 39 final 
DOCUMENTS 
EN 11 07 
Catalogue number : CB-CO-90-069-EN-C 
ISBN 92-77-57441-0 
Office for Official Publications of the European Communities 
L-2985 Luxembourg