2005/632/EC: Decision No 4/2005 of the EC/EFTA Joint Committee on Common Transit of 15 August 2005 amending the Convention of 20 May 1987 on a common transit procedure
Date: 2005-08-15
Institutions: EC–EFTA Joint Committee
Subjects: EFTA countries, European convention, customs formalities, customs transit, disclosure of information, exchange of information

31.8.2005

EN

Official Journal of the European Union

L 225/29

DECISION No 4/2005 OF THE EC/EFTA JOINT COMMITTEE ON COMMON TRANSIT

amending the Convention of 20 May 1987 on a common transit procedure

of 15 August 2005

(2005/632/EC)

(7)

Except
in cases where customs' computerised transit
system or the principal's application is not functioning,
the competent authorities accepting transit declarations
made in writing should ensure that the transit data is
exchanged between the competent authorities using
information technology and computer networks.

(8)

Convention

The
accordingly,

should

therefore

be

amended

HAS DECIDED AS FOLLOWS:

Article 1

Appendix I of
amended in accordance with the Annex to this Decision.

the Convention of 20 May 1987 shall be

Article 2

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

It shall be applicable from 1 July 2005.

However, the competent authorities may continue to accept
transit declarations made in writing until 31 December 2006
at the latest.

Where the competent authorities decide to accept
transit
declarations made in writing after 1 July 2005, the decision
shall be communicated in advance to the Commission in
writing.
the
competent
case
authorities of
the transit data is
countries concerned shall ensure that
exchanged between the competent authorities using information
technology and computer networks.

In this

the

Done at Bern, 15 August 2005.

For the Joint Committee

The President

Rudolf DIETRICH

THE JOINT COMMITTEE,

Having regard to the Convention of 20 May 1987 on a
common transit procedure (1),
and in particular Article
15(3)(a) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The computerised transit system is fully operational in all
the Contracting Parties of the Convention on common
transit and the system has been proven to be reliable and
satisfactory both for customs administrations and for
economic operators.

Under these circumstances it is no longer economically
justified to permit formalities to be carried out on the
basis of a transit declaration made in writing, the use of
which implies that the competent authorities are obliged
to enter manually the declaration data into the compu-
terised system. In general, all transit declarations should
therefore be lodged using data processing technology.

However, the decision to allow for transit declarations
made in writing should be left within the discretion of
each Contracting Party in order to allow for better
compliance with the general
in the
Contracting Party.

requirements

The use of transit declarations made in writing should be
permitted in exceptional cases where customs' compu-
terised transit system or the operator's application is
not functioning in order to allow economic operators
to carry out transit operations.

In order to allow travellers to carry out transit operations
the competent authorities should authorise the use of
transit declarations made in writing, where the travellers
cannot directly access the computerised transit system.

tools

and links

Since some countries need to develop and implement
necessary
to allow all
economic operators to be linked to the computerised
transit system, a transitional period permitting the use
of
transit declarations made in writing should be
envisaged.

in order

(1) OJ L 226, 13.8.1987, p. 2. Convention as last amended by Decision

No 3/2005 (OJ L 189, 21.7.2005, p. 61).

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EN

Official Journal of the European Union

31.8.2005

ANNEX

Appendix I is amended as follows:

1. Article 17 is replaced by the following:

‘Article 17

1. Transit declarations shall be lodged at the office of departure by means of data processing technology.

2. Transit declarations lodged by the exchange of EDI standard messages shall comply with the structure and

particulars set out in Appendix III.

3. Where a transit declaration is lodged by entering in the data processing system of the competent authorities the
information required for completing formalities, the particulars of the written declaration referred to in Appendix
III shall be replaced by transmission for computer processing, to the competent authorities designated for that
purpose, of data in coded or any other form specified by those authorities and equivalent to the particulars required
for written declarations.

4. Where the common transit procedure in the country of departure succeeds another customs approved treatment or

use, the office of departure may request production of these documents.

5. The goods shall be presented together with the transport document. The office of departure may waive the
requirement to produce this document when the customs formalities are completed, on condition the document
is kept at its disposal.’;

2. Article 18 is replaced by the following:

‘Article 18

1. Goods may be placed under the common transit procedure by means of a transit declaration made out on a form
corresponding to one of the specimens set out in Appendix III and in accordance with the procedure defined by the
Contracting Parties in agreement with each other

(a) where the competent authorities' computerised transit system is not functioning;

(b) where the principal's application is not functioning.

2. The use of a written transit declaration under paragraph 1, point (b) shall be subject to the approval of the

competent authorities.

3. The provisions of paragraph 1 shall also apply

(a) where a Contracting Party so decides;

(b) where the goods are transported by travellers who have no direct access to the customs' computerised system
and so have no means of lodging the transit declaration using data processing technology at the office of
departure. The competent authorities shall authorise the goods to be placed under the common transit
procedure by means of a transit declaration made out on a form corresponding to one of the specimens
set out in Appendix III.

In these cases, the competent authorities shall ensure that the transit data is exchanged between the competent
authorities using information technology and computer networks.

4. The transit declaration may be supplemented by one or more continuation sheets corresponding to one of the

specimens set out in Appendix III. The forms shall be an integral part of the declaration.

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5. Loading lists drawn up in accordance with the specimen in Appendix III may be used instead of continuation sheets

as the descriptive part of a transit declaration, of which they shall be an integral part.

6. The forms referred to in paragraphs 1, 3 to 5 shall be completed in accordance with Appendix III. They shall be
printed and completed in one of the official
languages of the Contracting Parties accepted by the competent
authorities of the country of departure. Where necessary, the competent authorities of a country concerned in
the common transit operation may request a translation into the official language, or one of the official languages,
of that country.

7. Article 17(4) and (5) shall be applicable mutatis mutandis.’