Draft Decision No 1/2005 of the EC-EFTA joint Committee on simplification of formalities in trade in goods concerning the invitation to Romania, to accede to the Convention of 20 May 1987 on the simplification of formalities in trade in goods - Draft common position of the Community -
Date: 2005-07-29
Institutions: European Commission
Subjects: EFTA countries, Romania, agreement (EU), carriage of goods, customs document, customs formalities, simplification of formalities, trading operation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.7.2005 
SEC(2005) 1024 final 

Draft 

DECISION No 1/2005 OF THE EC-EFTA JOINT COMMITTEE ON 
SIMPLIFICATION OF FORMALITIES IN TRADE IN GOODS 

concerning the invitation to Romania, to accede  
to the Convention of 20 May 1987 on the simplification of formalities in trade in goods 

- Draft common position of the Community - 
(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

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•  Grounds for and objectives of the proposal 

Invitation  of  accession  to  the  Convention  of  20  May  1987  on  the  simplification  of 
formalities in trade in goods made by the EC-EFTA Joint Committee on simplification 
of  formalities  in  trade  in  goods  at  the  address  of  Romania  following  its  request, 
facilitating  the  movement  of  goods  between  this  country,  the  European  Community 
and the EFTA countries. 

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•  General context 

The convention of 20 May 1987 on the simplification of formalities in trade in goods 
envisages  the  measures  facilitating  the  movement  of  goods  between  the  EC  and  the 
EFTA countries. 

In accordance with the provisions of Article 11(3) of the aforementioned convention, 
the  Joint  Committee  adopts  via  decision  the  invitation  to  a  third  country  within  the 
meaning of Article 1 (2), to access to the Convention according to the procedure fixed 
at Article 11 a. 

Romania wished formally to be able to access to the Convention of 20 May 1987 on 
the simplification of formalities in trade in goods after having satisfied the essential, 
legal, structural and computer conditions, preliminary with this accession. 

The  Joint  Committee  decided  to  launch  such  an  invitation  provided  that  the  country 
could show that it was in a position to conform to the detailed rules for the application 
of the arrangement. 

Mandated by the EC-EFTA working group on simplification of formalities in trade in 
goods an evaluation mission covering mainly the adaptation of the Romanian national 
customs legislation, the creation of the structures necessary to manage the procedure 
and the implementation of the New Computerised Transit system (NCTS) allowing for 
the  application  of  the  common  transit  procedure  Romania's  established  that  the 
conditions of an invitation were met. 

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•  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 

The proposal complies with the pre-accession strategy concerning the accession to the 
European Union. 

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2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Consultation and approval of the EC-EFTA on simplification of formalities in trade in 
goods 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 

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Accession  to  the  Convention  of  20  May  1987  on  the  simplification  of  formalities  in 
trade  in  goods  within  the  framework  of  the  pre-accession  strategy  to  the  European 
Union the 1st January 2007. 

Facilitation  from  the  movements  of  goods  between  the  Romania,  the  European 
Community,  the  Republic  of  Iceland,  the  Kingdom  of  Norway  and  the  Swiss 
Confederation. 

Introduction  of  common  provisions  to  the  Convention  on  the  simplification  of 
formalities in trade in goods and to the Community legislation. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

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•  Summary of the proposed action 

The Joint Committee wishes to take a decision and to launch the invitation. 

The drafts decision nr. 1/2005 has an object the invitation of Romania to access to the 
Convention of 20 May 1987 on the simplification of formalities in trade in goods. 

The Commission is invited to approve this draft decision via the written procedure, in 
order  to  submit  it  to  the  Council  in  order  to  obtain  a  common  position  for  its  final 
adoption  by  the  EC-EFTA  on  simplification  of  formalities  in  trade  in  goods  Joint 
Committee at its next meeting. 

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•  Legal basis 

Article 11 (a) of the Convention of 20 May 1987 on the simplification of formalities in 
trade in goods. 

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329 

•  Subsidiarity principle 

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

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

The form of proposed action is the only possible. 

The form of proposed action does not comprise any financing cost. 

•  Choice of instruments 

Proposed instruments: other. 

Other means would not be adequate for the following reason(s). 

There is not any other adequate instrument. 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

The  proposal  provides  for  simplification  of  administrative  procedures  for  public 
authorities  (EU  or  national),  simplification  of  administrative  procedures  for  private 
parties. 

The proposition introduces a simplification of formalities in trade in goods for all the 
contracting parties to the Convention. 

The  simplification  of  the  formalities  in  trade  in  goods  allows  to  simplify  the 
application of the common transit procedure. 

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Draft 

DECISION No 1/2005 OF THE EC-EFTA JOINT COMMITTEE ON 
SIMPLIFICATION OF FORMALITIES IN TRADE IN GOODS 

concerning the invitation to Romania, to accede  
to the Convention of 20 May 1987 on the simplification of formalities in trade in goods 

THE JOINT COMMITTEE, 

Having regard to the Convention of 20 May 1987 on the simplification of formalities in trade 
in goods,1 and in particular Article 11(3) thereof, 

Whereas: 

(1) 

In  preparing  the  enlargement  of  the  European  Union  to  Romania  the  exchange  of 
goods with this country would be facilitated by the simplification of formalities which 
affect  the  trade  in  goods  between  this  country  and  the  European  Community,  the 
Republic of Iceland, the Kingdom of Norway and the Swiss Confederation. 

(2)  With  a  view  to  achieving  such  facilitation  it  is  appropriate  to  invite  this  country  to 

accede to the Convention. 

HAS DECIDED AS FOLLOWS: 

Article 1 

Romania is invited, in the form of an exchange of letters between the Council of the European 
Union  and  Romania,  shown  in  the  Annex  to  this  Decision,  to  accede  to  the  Convention  in 
accordance with Article 11a of this Convention as from […..] 

Article 2 

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

Done at Brussels 

For the Joint committee 
The President 

1 

OJ L 134, 22.05.1987, p. 2. 

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ANNEX 

Letter No 1 

Communication of the Decision of the EC-EFTA Joint Committee 
to invite Romania to accede to the 
Convention of 20 May 1987 on the simplification of formalities in trade in goods 

Sir, 

I  have  the  honour  to  apprise  you  of  the  Decision  of  the  EC-EFTA  Joint  Committee  on 
simplification of formalities in trade in goods of ……. (Decision No1/2005) inviting Romania 
to  become  a  Contracting  Party  to  the  Convention  of  20  May  1987  on  the  simplification  of 
formalities in trade in goods. 

The  accession  by  Romania  to  the  Convention  may  be  effected  by  lodging  its  Instrument  of 
Accession with the General Secretariat of the Council of the European Union together with a 
translation of the Convention in the Official language of Romania in accordance with Article 
11a of the Convention. 

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

General Secretary 
General Secretariat of the 
Council of the European Union 

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Letter No 2 

Instrument of Accession of Romania 
to the Convention on the simplification of formalities in trade in goods  

Romania, 

Acknowledging  the  Decision  of  the  EC-EFTA  Joint  Committee  on  simplification  of 
formalities in trade in goods of …. (Decision No 1/2005) to invite Romania to accede to the 
Convention  of  20  May  1987  on  the  simplification  of  formalities  in  trade  in  goods  ("the 
Convention"), 

Desiring to become a Contracting Party to that Convention, 

HEREBY 

Accedes to the Convention; 

Attaches  to  this  Instrument  a  translation  of  the  Convention  in  the  official  language  of 
Romania; 

Declares  that  it  accepts  all  the  Recommendations  and  Decisions  of  the  EC-EFTA  Joint 
Committee on simplification of formalities in trade in goods adopted between the date of the 
Decision  of  ………  and  the  date  that  the  Accession  of  Romania  becomes  effective  in 
accordance with Article 11a of the Convention. 

Done at 

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