Proposal for a COUNCIL DECISION concerning the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation relating to the amendment of the Convention of 20 May 1987 on a common transit procedure
Date: 1993-07-16
Institutions: European Commission
Subjects: EFTA countries, agreement (EU), carriage of goods, customs transit

COMMISSION OF THE EUROPEAN COMMUNITIES 

COM(93) 334 final 

Brussels, 16 July  1993 

Draft Recommendation No 1/93 of  the EEC-EFTA Joint Committee on 
Common Transit 

for  the amendment of  the Convention of 20 May  1987 on a common 
transit  procedure 

- Common position of the Community  -

Proposal  for a 

COUNCIL DECISION 

concerning  the  conclusion  of  the  Agreement  in  the  form  of  an 

exchange of  letters between  the European Economic Community  and the 

Republic  of  Austria,  the  Republic  of  Finland,  the  Republic  of 

Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss 

Confederation  relating  to  the  amendment  of  the  Convention  of 

20 May  1987 on a common  transit  procedure 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

1. 

The  EEC-EFTA  Convention  of  20  May  1987  CD  contains  provisions  for 

the  implementation  of  a  common  transit  procedure  between  the 

Contract ing Part ies. 

2. 

At  the  fifth  meeting  of  the  EEC/EFTA  Joint  Committee  on  common 

transit  and  the  simplification of  formalities  in trade  in goods held 

on  24  September  1992  in Brussels,  it was  agreed  to open  up  the  two 

Conventions  to permit  the accession of new Contracting  Parties and  in 

particular,  facilitate  trade  and  administrative  procedures  between 

the  existing  Contracting  Parties  and  the  countries  of  Central  and 

Eastern  Europe.  Initially, the candidates  for accession by  invitation 

are  Hungary,  Poland,  Czech  Republic 

and 

Slovak 

Republic. 

Consequently,  amendments  to  the  Convention  on  common  transit  are 

required. 

3. 

Article  15  (2)  of  the  Convention  between  the  European  Economic 

Community  and  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  procedure  empowers  the 

Joint  Committee  set up by  that Convention  to make  recommendations for 

amendments  to the Convention. 

4. 

This  is  the  subject  of  the  attached  draft  Recommendation  No  1/93. 

This  draft  was  presented  to  and  finalized  in  the  Committee  on 

Community  Transit  and  the EEC-EFTA Working Party: Common Transit. 

5. 

The arrangements contained  in this draft  Recommendation do not  impose 

any  burdens  on  business.  They  do  not  comprise  any  special  measures 

for  small  and  medium  sized  businesses  and  do  not  have  any  foreseen 

negative effect on business and employment. These arrangements do not 

have any effect  on  the Commission's budget. 

(1)  0J NO L 226, 13.8.1987, p. 2 

-  2 -

This  draft  Recommendation  is  submitted  to  the Council  with  a  view  to 

obtaining  a common  position  for  final  adoption  by  the  Joint  Committee 

EEC-EFT.A on  Common  Transit  at  its  meeting  on  23  September  1993,  in 

Oslo, 

Draft  Recommendation No 1/93 of  the EEC-EFTA  Joint Committee on 
Common  Transit 

for  the amendment  of  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(2)(a) thereof, 

Whereas  the  Convention  of  the  20 May  1987  contains  the  Common  Transit 

rules  in trade between  the Community  and  the EFTA countries  and  between 

those countries themselves; 

Whereas  the Convention  should  be  amended  to allow  for  the  accession  of 

third  countr ies, 

HEREBY  RECOMMENDS  that  the Contracting  Parties  to the Convention: 

amend  it, with effect  from 

, along  the  lines set out  in 

the proposal  annexed  to this recommendation, 

inform  each  other,  by  means  of  an  exchange  of  letters,  of  their 

acceptance of  this recommendation. 

Done at 

For  the Joint  Committee 

The  Chairman 

Annex 

Proposed  amendment  to 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 Confederat ion on  a common  transit  procedure 

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  is amended 

as  fo11OWS: 

A.  Article  3  is replaced  by  the following  text: 

'Article  3 

1.  For  the purposes of  this Convention,  the term-. 

(a) "transit11  shall  mean  a  procedure  under  which  goods  are  carried 

under  the  control  of  the  competent  authorities  from  one  office 

of  a  Contracting  Party  to  another  office  of  the  same 

Contracting  Party  or  that  of  another  Contracting  Party  over  at 

least  one  front ier; 

(b) "country",  shall  mean  any  EFTA  country,  any Member  State of  the 

Community,  or  any  other  State  which  has  acceded  to  this 

Convent ion-, 

(c)  "third  country"  shall  mean  any  State  which  is not  a  Contracting 

Party  to this  Convention. 

2.  From  the date on which  the accession  of  a new Contracting  Party 

becomes  effective 

in  accordance  with  Article  15a,  all 

references  in  the  Convention  to  EFTA  countries  shall  apply  to 

that  country  mutatis  mutandis,  and  solely  for  the  purposes  of 

this Convent ion. 

3.  In  the  application  of  the  rules  laid  down  in  this  Convention 

for  the  T1  or  T2  procedure,  the  EFTA  countries  and  the 

Community  and  its Member  States  shall  have  the same  rights and 

obligations.' 

B.  Article  15(3)  is replaced  by the following: 

"3.  It shall  adopt  by decision: 

(a) amendments  to the Appendices; 

(b) amendments  of  the  definition  of  the  ECU  as  set  out  in 

Article  10(3); 

(c) other  amendments  to  this  Convention  made  necessary  by 

amendments  to the Appendices; 

(d) measures  to be taken under  Article 28(2) of Appendix  I; 

(e) transitional  measures  required  in the case of  the accession of 

new Member  States  to the Community; 

(f) invitations  to  third  countries  within  the  meaning  of 

Article  3(1)(c) to accede  to this Convention  in accordance with 

Article 15a. 

Such  decisions  shall  be put  into effect  by  the Contracting  Parties 

in accordance with  their own  legislation." 

C.  The  following  is added after Article  15(4): 

"5. Decisions of  the  Joint  Committee  referred  to  in paragraph  3(f) 

inviting  a third  country  to accede  to this Convention  shall  be 

sent  to the General  Secretariat  of  the Council  of  the  European 

Communities,  which  shall  communicate  it  to  the  third  country 

concerned,  together  with  a  text  of  the Convention  in force  on 

that date. 

6.  From  the  date  referred  to  in  paragraph  5,  the  third  country 

concerned 

may  be  represented 

on 

the  Joint 

Committee, 

subcommittees  and working  parties by  observers." 

D.  The  following  title  and  Article  15A  are  inserted  after  Article  15: 

"Accession of  third  countries 

Article  15A 

1.  Any  third  country  may  become  a  Contracting  Party  to  this 

Convention  if  invited  to  do  so  by  the  depositary  of  the 

Convention  following  a decision  of  the  Joint  Committee. 

2.  A  third  country  invited  to  become  a  Contracting  Party  to  this 

Convention  shall  do  so  by  lodging  an  instrument  of  accession 

with  the  General  Secretariat  of  the  Council  of  the  Euorpean 

Communities.  The  said  instrument  shall  be  accompanied  by  a 

translation of  the Convention  into  the official  language of  the 

acceding  country. 

3.  The  accession  shall  become  effective  on  the  first  day  of  the 

second  month  following  the  lodging  of  the  instrument  of 

accession. 

4.  The  depositary  shall  notify  all  Contracting  Parties of  the  date 

on which  the  instrument  of  accession  was  lodged  and  the  date  on 

which  the accession  will  become  effective. 

5.  Recommendations  and  decisions  of  the  Joint  Committee  referred 

to  in  Article  15(2)  and  (3)  adopted  between  the  date  referred 

to  in  paragraph  1  and  the  date  on  which  accession  becomes 

effective  shall  also  be  communicated  to  the  invited  third 

country  via  the  General  Secretariat  of  the  Council  of  the 

European  Communities. 

A  declaration  accepting  such  acts  shall  be  inserted  either  in 

the  instrument  of  accession  or  in a  separate  instrument  lodged 

with  the  General  Secretariat  of  the  Council  of  the  European 

Communities  within  six  months  of  the  communication.  If  the 

declaration  is  not  lodged  within  that  period  the  accession 

shall  be  considered  void." 

Proposal  for a 
COUNCIL  DECISION 

concerning  the  conclusion  of  the  Agreement  in  the  form  of  an 

exchange of  letters between  the European Economic Community  and the 

Republic  of  Austria,  the  Republic  of  Finland,  the  Republic  of 

Iceland, the Kingdom of Norway, the Kingdom of Sweden and  the Swiss 

Confederation  relating  to  the  amendment  of  the  Convention  of 

20 May  1987 on a common  transit  procedure 

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  Article  15(2) of  the  Convention  between  the  European  Economic 

Community  and  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  set  up  by  that  Convention  to make  recommendations  for 

amendments  to the Convention; 

Whereas  the  Convention  has  been  amended  to  allow  the  accession  of  new 

Contracting Parties; 

Whereas  the  amendments  in  question  are  set  out  in  Recommendation 

No 1/93  of  the  Joint  Committee;  whereas  the Agreement  in  the  form of 

an  exchange  of  letters  relating  to  that  recommendation  should  be 

approved, 

HAS DECIDED AS FOLLOWS: 

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

Article 1 

The  Agreement  in  the  form  of  an  exchange  of  letters  between  the 

European  Economic  Community  and  the  Republic  of  Austria,  the  Republic 

of Finland,  the Republic of  Iceland,  the Kingdom of Norway,  the Kingdom 

of  Sweden  and  the  Swiss Confederation  relating  to  the amendment  of  the 

Convention  of  20 May  1987  on  a  common  transit  procedure  is  hereby 

approved on behalf of  the Community. 

The text of  the Agreement  is attached  to this Decision. 

Art icle 2 

The  President  of  the  Council  is  hereby  authorized  to  designate  the 

person empowered  to sign  the Agreement  in order  to bind  the  Community. 

Done at Brussels, 

For  the CounciI 

The President 

\o 

AGREEMENT 

IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN  ECONOMIC 

COMMUNITY  AND THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND, THE 

REPUBLIC  OF  ICELAND,  THE  KINGDOM  OF  NORWAY,  THE  KINGDOM  OF  SWEDEN 

AND  THE  SWISS  CONFEDERATION  RELATING  TO  THE  AMENDMENT  OF  THE 

CONVENTION OF  20 MAY  1987 ON A COMMON  TRANSIT  PROCEDURE 

il 

Letter  No 1 

Brussels, 

Sir, 

In  its  Recommendation  No  1/93  of 

the  EEC-EFTA  Joint 

Committee on common  transit proposed  a number of amendments to the EEC-

EFTA  Convention  of  20 May  1987  on  a  common  transit  procedure.  The 

proposed  amendments are set out  in the Annex. 

I  have  the  honour  to  confirm  that  the  Community  is  in agreement  with 

those amendments and  I propose  that, subject  to any change which may be 

made, they come  into force on 

I should be obliged  if you 

would  confirm  that  your  Government  is  in agreement  with  the amendments 

and  the proposed  date on which  they are to enter  into force. 

Please accept, Sir, the assurance of my  highest  consideration. 

On behalf of  the Commission 

of  the  European  Communities 

il 

Letter  No 2 

Brussels, 

Sir, 

I have  the honour  to acknowledge  receipt  of  your  letter which  reads as 

fol lows: 

'In  its Recommendation  No  1/93  of  the  EEC-EFTA  Joint  Committee  on 

common  transit  proposed  a  number  of  amendments  to  the  EEC-EFTA 

Convention  of  20 May  1987  on  a  common  transit  procedure.  The 

proposed amendments are set out  in the Annex. 

I  have  the  honour  to  confirm  that  the  Community  is  in  agreement 

with  those  amendments  and  I propose  that,  subject  to  any  change 

which  may  be made, they  come  into force on 

I should 

be  obliged  if  you  would  confirm  that  your  government  is  in 

agreement  with  the  amendments  and  the  proposed  date  on  which  they 

are to enter  into force.' 

I have  the  honour  to  confirm  that  my  Government  is  in agreement  with 

the  contents  of  your  letter  and  the  proposed  date  on  which  the 

amendments are  to enter  into force. 

Please accept, Sir, the assurance of my highest consideration. 

On behalf of  the 

Government of  .. 

15 

BSNQ254-1475 

COM(93) 334 final 

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