[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 29.7.2005

SEC(2005) 1029 final

Draft

DECISION No 6/2005 OF THE EC-EFTA JOINT COMMITTEE ON ”COMMON TRANSIT”

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

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

EXPLANATORY MEMORANDUM

CONTEXT OF THE PROPOSAL |

110 | Grounds for and objectives of the proposal The accession of Romania to the common transit convention of 20 May 1987 involves the introduction of new linguistic references concerning this country in the convention. |

120 | General context The convention of 20 May 1987 on a common transit procedure ('Convention') establishes the measures facilitating the movement of goods between the EC and the EFTA countries. Romania wished formally to be able to access to the Common transit Convention after having satisfied the essential, legal, structural and computer conditions, preliminary with this accession. |

139 | Existing provisions in the area of the proposal There are no existing provisions in the area of the proposal. |

141 | Consistency with other policies and objectives of the Union Not applicable. |

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT |

Consultation of interested parties |

211 | Consultation methods, main sectors targeted and general profile of respondents Consultation of the EC-EFTA "Common transit" working group. |

212 | Summary of responses and how they have been taken into account Favourable opinion. |

Collection and use of expertise |

229 | There was no need for external expertise. |

230 | Impact assessment Accession to the Convention of 20 May 1987 on a common transit procedure within the framework of the pre-accession strategy to the European Union on 1 January 2007. Introduction of common provisions into the Common Transit Convention and into the Community legislation. |

LEGAL ELEMENTS OF THE PROPOSAL |

305 | Summary of the proposed action The accession of Romania involves the introduction of new linguistic references concerning this country allowing the implementation of the common transit procedure between all the contracting parties. The documents concerning the guarantees have in particular to be the subject of the necessary modifications. This draft decision was approved by the Customs Code Committee -"Transit section" and by the EC/EFTA Working Group on common transit. The Commission is invited to approve this draft decision in the written procedure, in order to submit it to the Council in order to obtain a common position for its final adoption by the EC-EFTA "Common Transit" Joint Committee at its next meeting. |

310 | Legal basis Article 15 of the Convention of 20 May 1987 on a common transit procedure. |

329 | Subsidiarity principle The proposal falls under the exclusive competence of the Community. The subsidiarity principle therefore does not apply. |

Proportionality principle The proposal complies with the proportionality principle for the following reason(s). |

331 | Aimless |

332 | Aimless |

Choice of instruments |

341 | Proposed instruments: other. |

342 | Other means would not be adequate for the following reason(s). There is not any other adequate instrument. |

BUDGETARY IMPLICATION |

409 | The proposal has no implication for the Community budget. |

ADDITIONAL INFORMATION |

510 | Simplification |

511 | The proposal provides for simplification of administrative procedures for public authorities (EU or national), simplification of administrative procedures for private parties. |

513 | The proposal introduces only one common transit procedure for all the contracting parties to the Convention. |

514 | The common transit procedure allows to authorize simplifications concerning private parties. |

2. Draft

DECISION No 6/2005 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,[1] and in particular Article 15(3)(a) thereof,

Whereas:

3. Romania is to accede to the Convention of 20 May 1987 on a common transit procedure.

4. Accordingly, the Romanian language versions of the references used in the Convention should be inserted in the Convention in the appropriate order.

5. The application of this Decision is linked to the date of accession of Romania to the Convention.

6. In order to allow the use of guarantee forms printed in accordance with the criteria in force prior to the date of accession of Romania to the Convention, a transitional period should be established during which the printed form, with some adaptations, could be used.

7. Therefore the Convention has to be modified accordingly.

HAS DECIDED AS FOLLOWS:

Article 1

The Convention on a common transit procedure is amended as follow s :

1. Appendix I is amended as set out in Annex A to this Decision.

2. Appendix II is amended as set out in Annex B to this Decision.

3. Appendix III is amended as set out in Annex C to this Decision.

Article 2

1. This Decision shall apply from 1 January 2006.

2. The forms based on the specimen forms in Annexes B1, B2, B4, B5 and B6 to Appendix III may continue to be used, subject to the necessary geographical adaptations and the adaptations concerning the address for service or the authorised agent, until 31 December 2006 at the latest.

Done at Brussels,

For the Joint committee

The President

ANNEX A

Appendix I is amended as follows:

8. In the second paragraph of Article 14(3), the following is added as last indent:

9. "RO Validitate limitată"

10. In the second paragraph of Article 28(7), the following is added as last indent:

11. "RO Dispensa"

12. Article 34 is amended as follows:

a) In paragraph 3, the following is added as last indent:

- "RO Probă alternativă"

b) In the second subparagraph of paragraph 4, the following is added as last indent:

- "RO Diferenţe : mărfuri prezentate la biroul vamal……(nume şi ţara)"

c) In paragraph 5, the following is added as last indent:

- RO Ieşire din….. supusă restricţiilor sau impozitelor prin Reglementarea/Directiva/Decizia nr……"

- In Article 64(2), the following is added as last indent:

- "RO Dispensa de la itinerariul obligatoriu"

- In Article 69(1), the following is added as last indent:

- "RO Expeditor agreat"

- In Article 70(2), the following is added as last indent:

- "RO Dispensa de semnătură"

- Annex IV is amended as follows:

a) In the first indent of point 2.8, the following is added as last indent:

- "RO GARANTIE GLOBALĂ INTERZISA"

b) In point 4.3, the following is added as last indent:

- "RO UTILIZARE NELIMITATĂ"

ANNEX B

Appendix II is amended as follows:

1. In Article 4(2), the following is added as last indent:

- "RO Eliberat ulterior"

2. In Article 16(2), the following is added as last indent:

- "RO Expeditor agreat "ný odesílatel

3. In Article 17(2), the following is added as last indent:

- "RO Dispensa de semnătură"

ANNEX C

Appendix III is amended as follows:

1. In Annex A7, Title II, Section I, is amended as follows:

a) Under Box 2, third paragraph, the following is added as last indent:

- "RO Diverşi"

b) Under Box 31, first paragraph, the following is added as last indent:

- "RO Vrac"

c) Under Box 40, the following is added as last indent:

- "RO Diverşi"

2. In Annex A8, Part B is amended as follows:

a) Under Box 2, the following is added as last indent:

- "RO Diverşi"

b) Under Box 14, the following is added as last indent:

- "RO Expeditor"

c) Under Box 31, the following is added as last indent:

- "RO Vrac"

3. In Annex A9, under box 51, the following code is inserted in the penultimate row of the list of applicable codes:

"Romania | RO" |

4. Annex B1 is replaced by the following text:

"ANNEX B1

COMMON/COMMUNITY TRANSIT PROCEDURE

GUARANTEE DOCUMENT

INDIVIDUAL GUARANTEE

I. Undertaking by the guarantor

1. The undersigned1...............................................................................................................................................

resident at2.................................................................................................................................................

hereby jointly and severally guarantees, at the office of guarantee of ......................................................

up to a maximum amount of

.............................................................................................................................

in favour of the European Community comprising the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, and of the Republic of Iceland, the Kingdom of Norway, Romania, the Swiss Confederation, the Principality of Andorra and the Republic of San Marino,3 any amount of principal, further liabilities, expenses and incidentals - but not fines - for which the principal,4………………………………………………………………………………………………

may be or become liable to the abovementioned countries for debt in the form of duty and other charges applicable to the goods described below placed under the Community or common transit procedure from the office of departure of ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

to the office of destination of .............................................................................................................................

Goods description:

…………………………………………………………………………………………………………..

2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the countries referred to in point 1 and without being able to defer payment beyond a period of 30 days from the date of application the sums requested unless he or she or any other person concerned establishes before the expiry of that period, to the satisfaction of the competent authorities, that the operation has ended.

At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer beyond a period of 30 days from the date of application for payment the period within which he or she is obliged to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances on the money market or financial market in the country concerned.

3. This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned shall remain liable for payment of any debt arising during the Community or common transit operation covered by this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the demand for payment is made after that date.

4. For the purpose of this undertaking the undersigned gives his or her address for service5 in each of the other countries referred to in paragraph 1 as:

Country | Surname and forenames, or name of firm, and full address |

……………………………………………………………………………………………………………………………………………………………………………………….. | ……………………………………………………………………………………………………………………………………………………………………………………… |

The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as duly delivered to him or her.

The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for service.

The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or more of those addresses, to inform the office of guarantee in advance.

Done at ………………………………., on ………………………………………..

…………………………………………………………….

(Signature)6

II. Acceptance by the office of guarantee

Office of guarantee………………………………………………………………………………………..

Guarantor's undertaking accepted on......................................................................................................to cover the Community/common transit operation effected under transit declaration No ................................................of…………………………………………. 7

…………………………………………………

(Stamp and signature)"

5. Annex B2 is replaced by the following text:

"ANNEX B2

COMMON/COMMUNITY TRANSIT PROCEDURE

GUARANTEE DOCUMENT

INDIVIDUAL GUARANTEE IN THE FORM OF VOUCHERS

I. Undertaking by the guarantor

1. The undersigned1...............................................................................................................................................

resident at2.................................................................................................................................................

hereby jointly and severally guarantees, at the office of guarantee of .....................................................

in favour of the European Community comprising the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, and of the Republic of Iceland, the Kingdom of Norway, Romania , the Swiss Confederation, the Principality of Andorra and the Republic of San Marino3,

any amount of principal, further liabilities, expenses and incidentals - but not fines - for which a principal may be or become liable to the above mentioned States for debt in the form of duty and other charges applicable to the goods placed under the Community or common transit procedure, in respect of which the undersigned has undertaken to issue individual guarantee vouchers up to a maximum of EUR 7 000 per voucher.

2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the countries referred to in paragraph 1 and without being able to defer payment beyond a period of 30 days from the date of application the sums requested, up to EUR 7 000 per individual guarantee voucher, unless he or she or any other person concerned establishes before the expiry of that period, to the satisfaction of the competent authorities, that the operation has ended.

At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer beyond a period of 30 days from the date of application for payment the period within which he or she is obliged to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances on the money market or financial market in the country concerned.

3. This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned shall remain liable for payment of any debt arising during any Community or common transit operations covered by this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the demand for payment is made after that date.

4. For the purpose of this undertaking the undersigned gives his or her address for service4 in each of the other countries referred to in paragraph 1 as:

Country | Surname and forenames, or name of firm, and full address |

………………………………………………………………………………………………………. | …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….. |

The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as duly delivered to him or her.

The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for service.

The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or more of those addresses, to inform the office of guarantee in advance.

Done at ………………………………., on ………………………………………..

…………………………………………..

(Signature)5

II. Acceptance by the office of guarantee

Office of guarantee

………………………………………………………………………………………..

Guarantor's undertaking accepted on

..........................................................................................................................

………………………………………………..

(Stamp and signature)"

6. Annex B4 is replaced by the following text:

"ANNEX B 4

COMMON/COMMUNITY TRANSIT PROCEDURE

GUARANTEE DOCUMENT

COMPREHENSIVE GUARANTEE

I. Undertaking by the guarantor

1. The undersigned1...............................................................................................................................................resident at2.................................................................................................................................................

hereby jointly and severally guarantees, at the office of guarantee of ......................................................

up to a maximum amount of

...................................................................................................................................................................

being 100/50/30%3 of the reference amount, in favour of the European Community comprising the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, and of the Republic of Iceland, the Kingdom of Norway, Romania, the Swiss Confederation, the Principality of Andorra and the Republic of San Marino,4

any amount of principal, further liabilities, expenses and incidentals - but not fines - for which the principal,5.........................................................................................................................................................................., may be or become liable to the abovementioned countries for debt in the form of duty and other charges applicable to the goods placed under the Community or common transit procedure.

2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the countries referred to in paragraph 1 and without being able to defer payment beyond a period of 30 days from the date of application the sums requested up to the limit of the abovementioned maximum amount, unless he or she or any other person concerned establishes before the expiry of that period, to the satisfaction of the competent authorities, that the operation has ended.

At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer beyond a period of 30 days from the date of application for payment the period within which he or she is obliged to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances on the money market or financial market in the country concerned.

This amount may not be reduced by any sums already paid under the terms of this undertaking unless the undersigned is called upon to pay a debt arising during a Community or common transit operation commenced before the preceding demand for payment was received or within 30 days thereafter.

3. This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned shall remain liable for payment of any debt arising during any Community or common transit operations covered by this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the demand for payment is made after that date.

4. For the purpose of this undertaking the undersigned gives his or her address for service6 in each of the other countries referred to in paragraph 1 as:

Country | Surname and forenames, or name of firm, and full address |

………………………………………………………………………………………………………….. | ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… |

The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as duly delivered to him or her.

The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for service.

The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or more of those addresses, to inform the office of guarantee in advance.

Done at ………………………………., on ………………………………………..

………………………………………………

(Signature)7

II. Acceptance by the office of guarantee

Office of guarantee

………………………………………………………………………………………..

Guarantor's undertaking accepted on

..........................................................................................................................

………………………………………………….

(Stamp and signature)"

7. In Box 7 of Annex B5 the word "Romania" is inserted between the words "Norway" and "Switzerland".

8. In Box 6 of Annex B6 the word "Romania" is inserted between the words "Norway" and "Switzerland".

9. In point 1.2.1 of Annex B7 the following is inserted as last indent:

- "RO Validitate limitată".

[1] OJ L 226, 13.8.1987, p. 2.

1 Surname and forenames, or name of firm.

2 Full address.

3 Delete the name of the Contracting Party or Parties or States (Andorra or San Marino) whose territory is not transited. The references to the Principality of Andorra and the Republic of San Marino shall apply solely to Community transit operations.

4 Surname and forename, or name of firm and full address of the principal.

5 If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in this country, an agent authorised to receive any communications addressed to him and the acknowledgement in the second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to correspond. The courts of the places in which the addresses for service of the guarantor or of his agents are situated shall have jurisdiction in disputes concerning this guarantee.

6 The person signing the document must enter the following by hand before his or her signature: "Guarantee for the amount of ...................................", the amount being written out in letters.

7 To be completed by the office of departure.

1 Surname and forenames, or name of firm.

2 Full address.

3 Only for Community transit operations.

4 If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in this country, an agent authorised to receive any communications addressed to him and the acknowledgement in the second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to correspond. The courts of the places in which the addresses for service of the guarantor or of his agents are situated shall have jurisdiction in disputes concerning this guarantee.

5 The signature must be preceded by the following in the signatory's own handwriting: 'Guarantee'.

1 Surname and forenames, or name of firm.

2 Full address.

3 Delete what does not apply.

4 Delete the name of the Contracting Party or Parties or States (Andorra or San Marino) whose territory is not transited. The references to the Principality of Andorra and the Republic of San Marino shall apply solely to Community transit operations.

5 Surname and forename, or name of firm and full address of the principal.

6 If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in this country, an agent authorised to receive any communications addressed to him and the acknowledgement in the second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to correspond. The courts of the places in which the addresses for service of the guarantor or of his agents are situated shall have jurisdiction in disputes concerning this guarantee.

7 The signature must be preceded by the following in the signatory's own handwriting: “Guarantee for the amount of ...” with the amount written out in full.