Draft DECISION No 2/2002 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

The EC/EFTA Convention of 20 May 1987 [1] contains the provisions for the implementation of a common transit procedure between the contracting parties.

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

The introduced New Computerised Transit system makes the exchange of information between the competent authorities more secure and the information more reliable in so far it will no longer be carried by the economic operators.

The New Computerised Transit System at its stage of implementation does not justify anymore the possibility offered to traders to use the paper loading list as the descriptive part of a transit declaration lodged by means of a data processing technique and consequently calls for its removal.

This is the purpose of draft Decision No 2/2002. This draft received a favourable opinion of the EC/EFTA Working Group on common transit

The draft Decision is being presented to the Council with a view to obtaining a common position for its final adoption by the EC-EFTA Joint Committee on common transit.

Draft DECISION No 2/2002 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,

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

Whereas:

(1) The state of implementation of the computerised transit system does not justify anymore the possibility offered to traders to use the loading list as descriptive part of transit declarations lodged by means of a data processing technique and consequently calls for its removal.

(2) The concerned provisions should be amended accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

Appendix I is amended as shown in Annex I to this Decision.

Article 2

Appendix III is amended as shown in Annex II to this Decision.

Article 3

1. This Decision shall enter into force on the date of its adoption.

2. It shall be applicable from 1 January 2005.

3. Before 1 July 2004, the Joint Committee shall evaluate the degree of implementation of the computerised transit system by the traders. This evaluation will be based on a report of the Commission, drawn up from contributions of the countries. The Joint Committee may decide on this basis if and subject to what conditions a deferral of the date mentioned in point 2 is necessary.

Done at ...,

For the Joint Committee

The Chairman

ANNEX I

Appendix I is amended as follows:

1. Article 18(3) is deleted; Article 18(4) stands Article 18(3).

2. In Article 30, paragraph 2 is replaced by the following:

"2. Where appropriate, the transit accompanying document shall be supplemented by a list of items which shall form an integral part thereof and conform to the specimen in Appendix III."

ANNEX II

Appendix III is amended as follows:

1. Annex A11 is amended as follows:

In Title III, point 3, the second subparagraph is deleted.

2. In Annex D1, Title II, point B is amended as follows:

(a) The attribute "Number of loading lists" and the explanatory text are deleted.

(b) The explanatory text of the attribute "Total number of packages" is replaced by the following:

"Type/Length: n ..7

The use of the attribute is optional. The total number of packages is equal to the sum of all "Number of packages", all "Number of pieces" and a value of "1" for each declared "bulk"."

(c) The explanatory text of the data group "Goods Item" is replaced by the following:

"Number: 999

The data group shall be used."

3. Annex D3 is replaced by the following text:

"Specimen of the transit accompanying document"

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4. Annex D4 is amended as follows:

(a) Point B is replaced by the following:

"B. Explanatory notes for printing

The following possibilities exist for the printing of the transit accompanying document:

1. the declared office of destination is linked to the computerised transit system:

- print only copy A (Accompanying Document);

2. the declared office of destination is not linked to the computerised transit system:

- print copy A (Accompanying Document), and

- print copy B (Return Copy)."

(b) Point C is replaced by the following:

"C. Explanatory notes for the return of the control results from the office of destination

The following possibilities exist for the return of the control results from the office of destination:

1. the actual office of destination is the declared one and it is linked to the computerised transit system:

- the control results shall be sent to the office of departure by electronic means;

2. the actual office of destination is the declared one and it is not linked to the computerised transit system:

- the control results shall be sent to the office of departure using return copy B of the transit accompanying document (including list of items, if any);

3. the declared office of destination is linked to the computerised transit system but the actual office of destination is not linked to the computerised transit system (change of office of destination):

- the control results shall be sent to the office of departure using a photocopy of the transit accompanying document, copy A (including list of items, if any);

4. the declared office of destination is not linked to the computerised transit system but the actual office of destination is linked to the computerised transit system (change of office of destination):

- the control results shall be sent to the office of departure by electronic means."

(c) Point D is deleted.