PROPOSAL FOR A COUNCIL DECISION ON THE CONCLUSION OF AN AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION CONCERNING THE EASING OF BORDER CONTROLS AND FORMALITIES FOR THE TRANSPORT OF GOODS
Date: 1990-02-05
Institutions: European Commission
Subjects: Switzerland, agreement (EU), carriage of goods, customs document, customs inspection, simplification of formalities

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.  3 3 ),  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. 

4 

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 

-  1  -

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". 

//I 

- 2 -

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. 

/i 

-  3 -

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% 

- 4 -

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. 

'4 

- 5 -

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 

- 6 -

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; 

6 

- 7 -

- 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. 

/? 

- 8 -

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. 

'i 

- 9 -

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. 

' / 

-  10  -

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. 

^ 

- 11 -

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 / 

- 12 -

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 n w> 
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 

A r t i de  IB 

fTnlntr O T — I W *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. 

n 

- 13 -

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  i ts  proper  implementation.  For  that  purpose  it 
jaTiA.ii  make recommendations and take decisions. 

u 

- 14 -

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, 

-  15  -

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 

- 16 -

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