PROPOSAL FOR A COUNCIL REGULATION (EEC) APPLYING DECISION NO 1/90 OF THE EEC - EFTA JOINT COMMITTEE " COMMON TRANSIT " OF 13 DECEMBER 1990 AMENDING APPENDICES I AND II TO THE CONVENTION OF 20 MAY 1987 ON A COMMON TRANSIT PROCEDURE
Date: 1991-02-05
Institutions: European Commission
Subjects: Union transit, combined transport, customs document, rail transport, transit, transport document

I  COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(91)  9  final 

Brussels, 5  February 1991 

Proposal for a 

COUNCIL REGULATION (EEC) 

applying  Decision No 1/90 of the EEC-EFTA  Joint  Committee 

"common  transit" of 13 December 1990 

amending  Appendices I and II to the Convention 

of 20 May 1987 on a common  transit procedure 

(presented by the Commission) 

-  2  -

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Application In the Ccranunity of Decision No 1/00 of the EEC-EFTA Joint 
Committee (Common Transit) amending Appendices I and II of the Convention 
of 20 May 1987 on a oomon transit procedure 

1.  The Convention of 20 Kay 1967 broadly speaking applies the rules of the 
Community transit procedure to trade between the Community and the EFTA 
countries and between the EFTA countries themselves. 

2.  The Community rules have recently been modified in certain respects: 

(a)  the requirement to produce a transit advice note at internal Community 

frontiers was abolished with effect from 1 July 1990; 

(b)  railways have agreed to accept financial responsibility for certain 

aspects of combined rail-road transport in the interests of combating 
fraud in this Increasingly widespread type of operation; 

(c)  in the interests of traders, a number of procedures have been 

simplified by making it possible for commercial documents to be used 
to establish the Community status of goods. 

- 3 -

3.  Aooordlngly, the Convention requires both purely formal amendment, to 
accommodate the changes in Community law consequent on abolition of the 
transit advice note, and substantive modifications to Incorporate the other 
two changes. 

4.  The necessary amendments were adopted as Decision No 1/90 of the 
EEC-EFTA Joint Committee on common transit (attached). 

5.  The Decision requires a Council Regulation to make it applicable in the 
Community  (proposal attached). 

- 4 -

Proposal for a 
OODNCIL RBSDLATICN (EBC) 
applying Decision No 1/90 of the EEC-EFTA Joint Committee 
"common transit" of 13 December 1990 

amending Appendices I and II to the Convention 
of 20 May 1967 on a common transit procedure 

THE O00NCIL OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Eoonomio Community, 
and in particular Article 113 thereof, 

Having regard to the proposal from the Commission, 

* 

Whereas Article  15(3) (a) of  the Convention between  the  European  Economic 
Community,  the Republic of Austria,  the Republic of Finland, the Republic 
of  Iceland,  the Kingdom  of Norway,  the Kingdom  of  Sweden  and  the  Swiss 
Confederation on a  common transit procedure1 empowers the Joint  Committee 
established  by  the  Convention  to  adopt  by  decision  amendments  to  the 
Appendices; 

Whereas  the Joint  Committee  has  adopted  a  Decision  amending  Appendices I 
and II to the Convention to take account of recent changes to the Community 
transit rules, abolishing the requirement to produce a transit advice note 
at internal frontiers, defining the responsibilities of the railways for 

1  OJ NO L 226, 13.8.1987, p. 2. 

- 5 -

combined  road-rail transport  operations and allowing commercial documents 
to be used to establish the Comunlty status of goods; 

Whereas those amendments were the subject of Decision No 1/90 of the Joint 
Committee;  whereas  it  is  necessary  to  apply  that  Decision  In  the 
Community, 

HAS ADOPTED THIS RECOLATICN: 

Article 1 

Decision No 1/90 of the EBC-EFTA Joint Committee  "common transit" amending 

Appendices I and II to the Convention of 20 Hay  1987 on a  common transit 

procedure of 13 December 1990 shall apply in the Community. 

The text of the Décision is attached to this Regulation. 

Article 2 

This Regulation shall  enter into  force on the day  following that  of its 
publication in the Official Journal of the European Communities. 

This Regulation shall be binding in its entirety and directly applicable in 

all Member States. 

Done at Brussels, 

For the Council 
The President 

- 6 -

DECISION No 1/90 OF THE EEC-EFTA JOINT  COMMITTEE 

"COMMON  TRANSIT" 

AMENDING APPENDICES  I AND  I I TO 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, and  in particular  Article  15 (3) (a) thereof, 

Whereas Appendix  I to the Convention  contains  provisions  providing  for  the 

obligation  for  the carrier  to give a transit  advice  note at  each office of 

transit; 

Whereas  the  provisions  in  force  in  the  European  Economic  Community  have 

been  recently amended  in order  to dispense  with  the requirement  to present 

a  transit  advice  note  at  the  internal  borders  of  the  Community;  whereas 

Appendix  I to the Convention should consequently be amended; 

Whereas,  moreover,  Appendix  II  to  the  Convention  contains,  inter  alia, 

provisions  peculiar  to Common  transit  procedures  for  the carriage  of  goods 

by rail  as well  as provisions concerning  the document  used  to establish  the 

Community  status of goods not moving under  the T2 procedure; 

Whereas, because of  the development  of combined  road-rail  transport  and for 

the  purposes  of  such  development,  it  has  appeared  necessary  to  provide 

that,  in agreement  with  the  railways, the  latter  assume  responsibility  for 

the  payment  of  duties  and  other  charges  in certain  situations  peculiar  to 

this type of  transport; 

Whereas, with  a view  to simplifying  procedures  it has appeared  appropriate 

to  allow  the  use,  under  certain  conditions,  of  commercial  documents  as 

documents used  to establish  the Community  status of goods; 

DECIDES  : 

-  7  -

Article 1 

Appendix  I to the Convention  is amended  as  follows: 

1. Article  22  (1)  is replaced  by  the  following: 

"1. The carrier  shall  give a transit  advice  note only  to: 

(a) each  customs  office  of  entry  at  the  frontier  between  two 

Contracting  Parties; 

(b) each  customs  office  at  the  point  of  exit  from  a  Contracting 

Party  where  the  consignment  is  leaving  its  territory  in  the 

course  of  a  transit  operation  via  a  frontier  between  a 

Contracting  Party  and  a third  country; 

(c) each  customs office of entry  into a Contracting  Party, where  the 

goods  have passed  through  the  territory of  a third  country. 

A specimen of  the  transit  advice  note  is shown  in Appendix  II." 

2. Article  22  (3)  is replaced  by  the  following  : 

"3.  If,  In accordance  with  the  provisions  of  Article  19  (2), goods  are 

carried  via an office of  transit  other  than  that  mentioned  in the T1 

document,  that  office  shall  without  delay  send  the  transit  advice 

note  to the office mentioned  in that  document. 

However,  where  in  the  course  of  a  Community  transit  operation 

between  two  Member  States  of  the  Community  the  office  of  transit, 

via which  the goods are carried,  is situated  in an EFTA  country,  the 

office of  transit  shall  retain  the transit  advice  note." 

- 8  -

3. Article  36  (2) (d), Is replaced  by  the  following: 

"d) When  the  consignment  has  not  been  produced  at  the  office  of 

destination:  in  the  last  Contracting  Party  into  the  territory  of 

which  it  has  been  established,  according  to  the  transit  advice 

notes, that  the means of  transport  or  the goods have entered;" 

4.  In Article  36, the  following sentence  is  inserted  after  paragraph  2: 

"3.  (This Article does not  contain  paragraph 3 ) ". 

5. Article  42  (3)  is replaced  by  the  following: 

"3.  In cases  where,  in accordance  with  Article  22(1),  a  transit  advice 

note  must  be  given,  the  records  kept  by  the  railway  authorities 

shall  be substituted  for  transit  advice  notes." 

Article  2 

Appendix  II to the Convention  is amended  as  follows: 

1.  In Article  1(7) the first  subparagraph  is replaced  by  the  following: 

"Without  prejudice  to  the  provisions  of  Article  96(a)  the  document 

certifying  the  Community  status  of  the  goods  -  called  'T2L  document' -

shall  be  drawn  up  on  a  form  which  conforms  to  copy  4  of  the  specimen 

contained  in  Annex  I  to  Appendix  III  or  to  copy  4/5  of  the  specimen 

contained  in Annex  II to that  Appendix. 

2. The  following  text  is  inserted  after  article  11: 

"Article  11(a) " 

(This Appendix  does not  contain Article  11(a) . 

Proof of  the regularity  of  operations 

Article  1 K b) 

The proof of  the  regularity of  the  transit  operation, within  the meaning of 

Article  36(2)(d) of  Appendix  I, shall  be  furnished  to  the  satisfaction  of 

the competent  authorities: 

(a) 

by  the  presentation  of  a  document  certified  by  the  customs 

authorities  establishing  that  the  goods  in  question  have  been 

produced  at  the  office  of  destination  or,  in  the  case  of  the 

application  of  Article  71,  to  the  authorized  consignee.  This 

document  must  carry  enough  information  to  enable  the  goods  to  be 

identified; 

or 

(b) 

by  the  presentation  of  a customs  document  issued  in a  third  country 

showing  release  for  consumption  or  by  a  copy  or  photocopy  thereof; 

such copy or  photocopy  must  be certified  as being  a true copy  by  the 

organization  which  certified  the  original  document,  by  the 

authorities  of  the  third  country  concerned  or  by  the  authorities  of 

of  one  of  the  Contracting  Parties.  This  document  must  carry  enough 

information  to enable  the goods  in question  to be  identified." 

3. After  Article  61  the  following sub-title and Article  61(a) are  inserted: 

"Combined  road-rail  transport 

Article  61(a) 

-  10 -

Where  a  consignment  of  goods  being  carried  by  combined  road-rail 

transport  under  cover  of  one or  more  Community  transit  / Common  transit 

documents  is accepted  by  the  railways  in a  rail  terminal  and  is  loaded 

on wagons, the  railway  authorities  shall  assume  liability  for  payment  of 

duties  and  other  charges  where  offences  or  irregularities  occur  during 

the  Journey by  rail,  if there  Is no valid guarantee  in the country  where 

the  offence  or  irregularity  has  occured  or  Is  deemed  to  have  occured, 

and  if  it  is not  possible  to recover  such  amounts  from  the  principal." 

4. The  following  Chapter  III  comprising  Articles  96  (a)  and  96  (b)  is 

inserted  after  Article 96: 

Chapter  III : Use of  a document  other  than  the T2L  document 

Article 96  (a) 

1. Without  prejudice  to  the  provisions  of  articles  82  (3)  and  (4)  and  83 

the Community  status  of  goods  shall  be  established  under  the  conditions 

of  this  Article,  by  the  production  of  an  invoice  or  a  transport 

document. 

2. The  invoice  or  transport  document  referred  to  in  paragraph  (1)  must 

include,  at  least,  the  full  name  and  address  of  the  consignor/exporter 

or  the declarant  where  the  declarant  is not  the  consignor/exporter,  the 

number  and  kind,  marks  and  numbers  of  the  packages,  the  description  of 

the goods, the gross mass  in kilograms  and, where  necessary,  the  numbers 

of  the containers. 

The declarant  must  indicate clearly on  the  invoice or  transport  document 

the symbol  T2L, accompanied  by  his signature. 

- 11 -

3. Where  the person  concerned  wishes  to benefit  from  the provisions  of  this 

Article 

the  invoice or  transport  document  duly  filled  in and  signed  by 

the person  concerned  shall, on  his application,  be authenticated  by  the 

customs  authorities  of  the  country  of  departure.  That  authentification 

must  include  the  references  contained  in Article 84  (2) (a). 

4. The  provisions  of  this  Article  shall  apply  only  where  the  invoice  or 

transport  document  covers only  Community  goods. 

5. For  the  purposes  of  this  Convention,  the  invoice  or  transport  document 

fulfilling  the  conditions  set  out  in paragraphs  2  to  4,  shall  have  the 

same value  as  the T2L  document. 

6.  For  the  purposes  of  Article  9  (4) of  the Convention,  the  customs  office 

of  an  EFTA  country  into whose  territory  goods  have  entered  under  cover 

of  an  invoice  or  transport  document  having  the  same  value  as  a  T2L 

document,  may  attach  to  the  T2  or  T2L  document  which  it  issues  in 

respect  of  the  goods,  a  certified  copy  or  photocopy  of  that  invoice  or 

transport  document." 

Article 96  (b) 

As  far  as  the  authorised  consignor  referred  to  in Article  89  is  concerned, 

the  provisions  of  Chapter  III  shall  apply  mutatis  mutandis  to  the  invoice 

or  transport  document  used  to  establish  the  Community  status  of  goods,  in 

accordance  with  the provisions of Article  96(a)  (1), (2) and (4). 

Article  3 

This Decision  shall  enter  into force on  1 March  1991. 

Done at Brussels,  13 December  1990 

For  the Joint  Committee 

The  Chairman 

"  "  " 

ISSN 0254-1475 

COM(91)9final 

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