EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

Grounds for and objectives of the proposal

Pursuant to the Recommendation of 26.06.2009 of the Customs Cooperation Council changes in the Harmonised System nomenclature were made and as a consequence on 1st January 2012 the provisions of Commission Regulation (EU) No 1006/2011[1] amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff[2] entered into force.

Annex A2 of Appendix III to the common transit Convention contains a list of packaging codes based upon the list of Coded representations of packaging type names used in international trade set out in Annex V and Annex VI to Recommendation No 21 of the United Nations Economic Commission for Europe. Due to the revision of the code list following a technological development, it is appropriate to replace the list in Annex A2 of Appendix III by the latest version resulting from Revision 8.1. of Recommendation No 21.

General context

All these amendments have a direct impact on the transit system. This requires proper adaptations in the list of sensitive goods and in the list of packaging codes. The purpose of this Decision is to introduce these amendments in the Convention of 20 May 1987 on a common transit procedure.

Existing provisions in the area of the proposal

There are no existing provisions in the area of the proposal.

Consistency with other policies and objectives of the Union

Not applicable.

2. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

Consultation of interested parties

Consultation methods, main sectors targeted and general profile of respondents

Consultation with approval by the EU-EFTA "Common transit" working group, representing the Contracting Parties to the Convention.

Summary of responses and how they have been taken into account

Favourable opinion.

Collection and use of expertise

There was no need for external expertise.

Impact assessment

The amendment in the list of goods involving greater risk of fraud is caused by the latest amendments to the codes of the Harmonised system and does not alter the original product coverage. The amendment in the list of packaging codes is caused by the latest version of Revision 8.1. of UN Recommendation No 21. Both lead to an alignment of these provisions in the transit area.

3. LEGAL ELEMENTS OF THE PROPOSAL

Summary of the proposed action

On 1 January 2012 the provisions of Commission Regulation (EU) No 1006/2011 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff entered into force.

A new version of the Recommendation on packaging codes was published by the United Nation Economic Commission for Europe.

Consequently, the provisions of the Convention on a common transit procedure have to be subject to the necessary modifications.

This draft decision was communicated to the EU-EFTA Working Group on common transit.

The Council is invited to establish the EU position regarding the annexed decision to be adopted by the EU-EFTA Joint Committee on Common Transit.

Legal basis

Article 15 of the Convention of 20 May 1987 on a common transit procedure.

Subsidiarity principle

The proposal falls under the exclusive competence of the European Union. The subsidiarity principle therefore does not apply.

Proportionality principle

The proposal complies with the proportionality principle for the following reason:

Not applicable.

Choice of instruments

Proposed instrument: Decision of the EU-EFTA Joint Committee.

Other means would not be adequate for the following reason: There is no other adequate instrument.

4. BUDGETARY IMPLICATION

The proposal has no implication for the EU budget.

5. OPTIONAL ELEMENTS

Simplification

The proposal leads to an alignment of provisions in the area of transit.

2012/0235 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf of the European Union, in the EU-EFTA Joint Committee concerning the adoption of a Decision amending the Convention of 20 May 1987 on a common transit procedure (Modification of HS codes and packaging codes)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4) in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Article 1 of the Convention on a common transit procedure stipulates that this Convention lays down measures for the carriage of goods in transit between the Community and the EFTA countries, as well as between the EFTA countries themselves, by introducing a common transit procedure regardless of the kind and origin of the goods.

(2) Article 15 of this Convention empowers the Joint Committee set up by that Convention to recommend and adopt, by decisions, amendments to this Convention and its Appendices.

(3) The Recommendation of 26.06.2009 of the Customs Cooperation Council made changes in the Harmonised System nomenclature. As a consequence, on 1 January 2012 Commission Regulation (EU) No 1006/2011[3] amending Annex I to Council Regulation (EEC) No 2658/87[4] on the tariff and statistical nomenclature and on the Common Customs Tariff entered into force and replaced HS code 240310 by two new codes 240311 and 240319 and HS code 170111 by new HS codes 170113 and 170114.

(4) The corresponding HS codes specified in the list of goods involving greater risk of fraud of Annex I to Appendix I of the Convention have to be amended accordingly.

(5) The United Nation Economic Commission for Europe has issued a new Recommendation on packages codes. It is therefore required to replace the previous revision of Recommendation 21 in Annex A2 of Appendix III by its latest revision: 8.1.

(6) Therefore, the position of the European Union concerning the proposed amendment should be determined,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union in the EU-EFTA Joint Committee on common transit concerning the adoption of Decision No XXX by the EU-EFTA Joint Committee amending the Convention of 20 May 1987 on a common transit procedure shall be based on the draft Decision attached to this Decision.

Minor changes to the draft Decision may be agreed to by the representatives of the Union in the EU-EFTA Joint Committee without further decision of the Council.

Article 2

After its adoption, the Decision of the EU-EFTA Joint Committee on common transit shall be published in the Official Journal of the European Union.

Done at Brussels,

For the Council

The President

ANNEX

Proposal for a

DECISION No XXX OF THE EU-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,[5] and in particular Article 15(3)(a) thereof,

Whereas:

(1) The Recommendation of 26.06.2009 of the Customs Cooperation Council made changes in the Harmonised System nomenclature. In consequence, on 1 January 2012 Commission Regulation (EU) No 1006/2011[6] amending Annex I to Council Regulation (EEC) No 2658/87[7] on the tariff and statistical nomenclature and on the Common Customs Tariff entered into force and replaced HS code 240310 by two new codes 240311 and 240319 and HS code 170111 by new HS codes 170113 and 170114.

(2) Consequently, the corresponding HS codes specified in the list of goods involving greater risk of fraud of Annex I to Appendix I of the Convention have to be amended accordingly.

(3) Due to the new version of the United Nation Economic Commission for Europe Recommendation on packages codes, it is appropriate to replace the old revision of Recommendation 21 in Annex A2 of Appendix III by the reference to its latest revision 8.1.

(4) The proposed amendments lead to an alignment of provisions on common transit with the EU provisions in the transit area.

(5) Therefore the Convention has to be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Convention on a common transit procedure is amended as set out in the Appendix to this Decision.

Article 2

The amendments set out in the Appendix point 1 shall apply from 1st January 2012.

The amendments set out in the Appendix point 2 shall apply from 1st January 2013.

Done at Brussels,

For the Joint Committee

The President

APPENDIX

1. Annex I of Appendix I of the Convention on a common transit procedure is amended as follows:

(i) The row for HS codes "1701 11, 1701 12, 1701 91, 1701 99 " is replaced by the following:

1701 12 1701 13 1701 14 1701 91 1701 99 || Cane or beet sugar and chemically pure sucrose, in solid form || 7 000 kg || || - - - -

";

(ii) The row for HS code "2403 10" is replaced by the following:

2403 11 2403 19 || Smoking tobacco, whether or not containing tobacco substitutes in any proportion || 35 kg || || -

2. Point 5 of Annex A2 the list "PACKAGE CODE" of Appendix III of the Convention on a common transit procedure is replaced by the following:

(UN/ECE Recommendation No 21/Rev. 8.1 of 12 July, 2010)

Aerosol || AE

Ampoule, non-protected || AM

Ampoule, protected || AP

Atomizer || AT

Bag || BG

Bag, flexible container || FX

Bag, gunny || GY

Bag, jumbo || JB

Bag, large || ZB

Bag, multiply || MB

Bag, paper || 5M

Bag, paper, multi-wall || XJ

Bag, paper, multi-wall, water resistant || XK

Bag, plastic || EC

Bag, plastics film || XD

Bag, polybag || 44

Bag, super bulk || 43

Bag, textile || 5L

Bag, textile, sift proof || XG

Bag, textile, water resistant || XH

Bag, textile, without inner coat/liner || XF

Bag, tote || TT

Bag, woven plastic || 5H

Bag, woven plastic, sift proof || XB

Bag, woven plastic, water resistant || XC

Bag, woven plastic, without inner coat/liner || XA

Bale, compressed || BL

Bale, non-compressed || BN

Ball || AL

Balloon, non-protected || BF

Balloon, protected || BP

Bar || BR

Barrel || BA

Barrel, wooden || 2C

Barrel, wooden, bung type || QH

Barrel, wooden, removable head || QJ

Bars, in bundle/bunch/truss || BZ

Basin || BM

Basket || BK

Basket, with handle, cardboard || HC

Basket, with handle, plastic || HA

Basket, with handle, wooden || HB

Belt || B4

Bin || BI

Block || OK

Board || BD

Board, in bundle/bunch/truss || BY

Bobbin || BB

Bolt || BT

Bottle, gas || GB

Bottle, non-protected, bulbous || BS

Bottle, non-protected, cylindrical || BO

Bottle, non-protected, cylindrical || BO

Bottle, protected bulbous || BV

Bottle, protected bulbous || BV

Bottle, protected cylindrical || BQ

Bottle, protected cylindrical || BQ

Bottlecrate / bottlerack || BC

Box || BX

Box, aluminium || 4B

Box, Commonwealth Handling Equipment Pool (CHEP), Eurobox || DH

Box, fibreboard || 4G

Box, for liquids || BW

Box, natural wood || 4C

Box, plastic || 4H

Box, plastic, expanded || QR

Box, plastic, solid || QS

Box, plywood || 4D

Box, reconstituted wood || 4F

Box, steel || 4A

Box, wooden, natural wood, ordinary || QP

Box, wooden, natural wood, with sift proof walls || QQ

Bucket || BJ

Bulk, gas (at 1031 mbar and 15°C) || VG

Bulk, liquefied gas (at abnormal temperature/pressure) || VQ

Bulk, liquid || VL

Bulk, scrap metal || VS

Bulk, solid, fine particles (“powders”) || VY

Bulk, solid, granular particles (“grains”) || VR

Bulk, solid, large particles (“nodules”) || VO

Bunch || BH

Bundle || BE

Bundle, wooden || 8C

Butt || BU

Cage || CG

Cage, Commonwealth Handling Equipment Pool (CHEP) || DG

Cage, roll || CW

Can, cylindrical || CX

Can, rectangular || CA

Can, with handle and spout || CD

Canister || CI

Canvas || CZ

Capsule || AV

Carboy, non-protected || CO

Carboy, protected || CP

Card || CM

Cart, flatbed || FW

Carton || CT

Cartridge || CQ

Case || CS

Case, car || 7A

Case, isothermic || EI

Case, skeleton || SK

Case, steel || SS

Case, with pallet base || ED

Case, with pallet base, cardboard || EF

Case, with pallet base, metal || EH

Case, with pallet base, plastic || EG

Case, with pallet base, wooden || EE

Case, wooden || 7B

Cask || CK

Chest || CH

Churn || CC

Clamshell || AI

Coffer || CF

Coffin || CJ

Coil || CL

Composite packaging, glass receptacle || 6P

Composite packaging, glass receptacle in aluminium crate || YR

Composite packaging, glass receptacle in aluminium drum || YQ

Composite packaging, glass receptacle in expandable plastic pack || YY

Composite packaging, glass receptacle in fibre drum || YW

Composite packaging, glass receptacle in fibreboard box || YX

Composite packaging, glass receptacle in plywood drum || YT

Composite packaging, glass receptacle in solid plastic pack || YZ

Composite packaging, glass receptacle in steel crate box || YP

Composite packaging, glass receptacle in steel drum || YN

Composite packaging, glass receptacle in wickerwork hamper || YV

Composite packaging, glass receptacle in wooden box || YS

Composite packaging, plastic receptacle || 6H

Composite packaging, plastic receptacle in aluminium crate || YD

Composite packaging, plastic receptacle in aluminium drum || YC

Composite packaging, plastic receptacle in fibre drum || YJ

Composite packaging, plastic receptacle in fibreboard box || YK

Composite packaging, plastic receptacle in plastic drum || YL

Composite packaging, plastic receptacle in plywood box || YH

Composite packaging, plastic receptacle in plywood drum || YG

Composite packaging, plastic receptacle in solid plastic box || YM

Composite packaging, plastic receptacle in steel crate box || YB

Composite packaging, plastic receptacle in steel drum || YA

Composite packaging, plastic receptacle in wooden box || YF

Cone || AJ

Container, flexible || 1F

Container, gallon || GL

Container, metal || ME

Container, not otherwise specified as transport equipment || CN

Container, outer || OU

Cover || CV

Crate || CR

Crate, beer || CB

Crate, bulk, cardboard || DK

Crate, bulk, plastic || DL

Crate, bulk, wooden || DM

Crate, framed || FD

Crate, fruit || FC

Crate, metal || MA

Crate, milk || MC

Crate, multiple layer, cardboard || DC

Crate, multiple layer, plastic || DA

Crate, multiple layer, wooden || DB

Crate, shallow || SC

Crate, wooden || 8B

Creel || CE

Cup || CU

Cylinder || CY

Demijohn, non-protected || DJ

Demijohn, protected || DP

Dispenser || DN

Drum || DR

Drum, aluminium || 1B

Drum, aluminium, non-removable head || QC

Drum, aluminium, removable head || QD

Drum, fibre || 1G

Drum, iron || DI

Drum, plastic || IH

Drum, plastic, non-removable head || QF

Drum, plastic, removable head || QG

Drum, plywood || 1D

Drum, steel || 1A

Drum, steel, non-removable head || QA

Drum, steel, removable head || QB

Drum, wooden || 1W

Envelope || EN

Envelope, steel || SV

Filmpack || FP

Firkin || FI

Flask || FL

Flexibag || FB

Flexitank || FE

Foodtainer || FT

Footlocker || FO

Frame || FR

Girder || GI

Girders, in bundle/bunch/truss || GZ

Hamper || HR

Hanger || HN

Hogshead || HG

Ingot || IN

Ingots, in bundle/bunch/truss || IZ

Intermediate bulk container || WA

Intermediate bulk container, aluminium || WD

Intermediate bulk container, aluminium, liquid || WL

Intermediate bulk container, aluminium, pressurised > 10 kpa || WH

Intermediate bulk container, composite || ZS

Intermediate bulk container, composite, flexible plastic, liquids || ZR

Intermediate bulk container, composite, flexible plastic, pressurised || ZP

Intermediate bulk container, composite, flexible plastic, solids || ZM

Intermediate bulk container, composite, rigid plastic, liquids || ZQ

Intermediate bulk container, composite, rigid plastic, pressurised || ZN

Intermediate bulk container, composite, rigid plastic, solids || ZL

Intermediate bulk container, fibreboard || ZT

Intermediate bulk container, flexible || ZU

Intermediate bulk container, metal || WF

Intermediate bulk container, metal, liquid || WM

Intermediate bulk container, metal, other than steel || ZV

Intermediate bulk container, metal, pressure 10 kpa || WJ

Intermediate bulk container, natural wood || ZW

Intermediate bulk container, natural wood, with inner liner || WU

Intermediate bulk container, paper, multi-wall || ZA

Intermediate bulk container, paper, multi-wall, water resistant || ZC

Intermediate bulk container, plastic film || WS

Intermediate bulk container, plywood || ZX

Intermediate bulk container, plywood, with inner liner || WY

Intermediate bulk container, reconstituted wood || ZY

Intermediate bulk container, reconstituted wood, with inner liner || WZ

Intermediate bulk container, rigid plastic || AA

Intermediate bulk container, rigid plastic, freestanding, liquids || ZK

Intermediate bulk container, rigid plastic, freestanding, pressurised || ZH

Intermediate bulk container, rigid plastic, freestanding, solids || ZF

Intermediate bulk container, rigid plastic, with structural equipment, liquids || ZJ

Intermediate bulk container, rigid plastic, with structural equipment, pressurised || ZG

Intermediate bulk container, rigid plastic, with structural equipment, solids || ZD

Intermediate bulk container, steel || WC

Intermediate bulk container, steel, liquid || WK

Intermediate bulk container, steel, pressurised > 10 kpa || WG

Intermediate bulk container, textile with out coat/liner || WT

Intermediate bulk container, textile, coated || WV

Intermediate bulk container, textile, coated and liner || WX

Intermediate bulk container, textile, with liner || WW

Intermediate bulk container, woven plastic, coated || WP

Intermediate bulk container, woven plastic, coated and liner || WR

Intermediate bulk container, woven plastic, with liner || WQ

Intermediate bulk container, woven plastic, without coat/liner || WN

Jar || JR

Jerrican, cylindrical || JY

Jerrican, plastic || 3H

Jerrican, plastic, non-removable head || QM

Jerrican, plastic, removable head || QN

Jerrican, rectangular || JC

Jerrican, steel || 3A

Jerrican, steel, non-removable head || QK

Jerrican, steel, removable head || QL

Jug || JG

Jutebag || JT

Keg || KG

Kit || KI

Liftvan || LV

Log || LG

Logs, in bundle/bunch/truss || LZ

Lot || LT

Lug || LU

Luggage || LE

Mat || MT

Matchbox || MX

Mutually defined || ZZ

Nest || NS

Net || NT

Net, tube, plastic || NU

Net, tube, textile || NV

Not available || NA

Octabin || OT

Package || PK

Package, cardboard, with bottle grip-holes || IK

Package, display, cardboard || IB

Package, display, metal || ID

Package, display, plastic || IC

Package, display, wooden || IA

Package, flow || IF

Package, paper wrapped || IG

Package, show || IE

Packet || PA

Pail || PL

Pallet || PX

Pallet, 100cms * 110cms || AH

Pallet, AS 4068-1993 || OD

Pallet, box Combined open-ended box and pallet || PB

Pallet, CHEP 100 cm x 120 cm || OC

Pallet, CHEP 40 cm x 60 cm || OA

Pallet, CHEP 80 cm x 120 cm || OB

Pallet, ISO T11 || OE

Pallet, modular, collars 80cms * 100cms || PD

Pallet, modular, collars 80cms * 120cms || PE

Pallet, modular, collars 80cms * 60cms || AF

Pallet, shrinkwrapped || AG

Pallet, triwall || TW

Pallet, wooden || 8A

Pan || P2

Parcel || PC

Pen || PF

Piece || PP

Pipe || PI

Pipes, in bundle/bunch/truss || PV

Pitcher || PH

Plank || PN

Planks, in bundle/bunch/truss || PZ

Plate || PG

Plates, in bundle/bunch/truss || PY

Platform, unspecified weight or dimension || OF

Pot || PT

Pouch || PO

Punnet || PJ

Rack || RK

Rack, clothing hanger || RJ

Receptacle, fibre || AB

Receptacle, glass || GR

Receptacle, metal || MR

Receptacle, paper || AC

Receptacle, plastic || PR

Receptacle, plastic wrapped || MW

Receptacle, wooden || AD

Rednet || RT

Reel || RL

Ring || RG

Rod || RD

Rods, in bundle/bunch/truss || RZ

Roll || RO

Sachet || SH

Sack || SA

Sack, multi-wall || MS

Sea-chest || SE

Set || SX

Sheet || ST

Sheet, plastic wrapping || SP

Sheetmetal || SM

Sheets, in bundle/bunch/truss || SZ

Shrinkwrapped || SW

Skid || SI

Slab || SB

Sleeve || SY

Slipsheet || SL

Spindle || SD

Spool || SO

Suitcase || SU

Tablet || T1

Tank container, generic || TG

Tank, cylindrical || TY

Tank, rectangular || TK

Tea-chest || TC

Tierce || TI

Tin || TN

Tray || PU

Tray, containing horizontally stacked flat items || GU

Tray, one layer no cover, cardboard || DV

Tray, one layer no cover, plastic || DS

Tray, one layer no cover, polystyrene || DU

Tray, one layer no cover, wooden || DT

Tray, rigid, lidded stackable (CEN TS 14482:2002) || IL

Tray, two layers no cover, cardboard || DY

Tray, two layers no cover, plastic tray || DW

Tray, two layers no cover, wooden || DX

Trunk || TR

Truss || TS

Tub || TB

Tub, with lid || TL

Tube || TU

Tube, collapsible || TD

Tube, with nozzle || TV

Tubes, in bundle/bunch/truss || TZ

Tun || TO

Tyre || TE

Uncaged || UC

Unit || UN

Unpacked or unpackaged || NE

Unpacked or unpackaged, multiple units || NG

Unpacked or unpackaged, single unit || NF

Vacuum-packed || VP

Vanpack || VK

Vat || VA

Vehicle || VN

Vial || VI

Wickerbottle || WB

[1] OJ L 282, 28.10.2011, p. 1

[2] OJ L 256, 7.9.1987, p. 1

[3] OJ L 282, 28.10.2011, p.1

[4] OJ L 256, 7.9.1987, p.1

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

[6] OJ L 282, 28.10.2011, p. 1

[7] OJ L 256, 7.9.1987, p.1