Proposal for a COUNCIL DECISION on the position to be taken by the European Union concerning the adoption of a Decision by the Joint Committee of the Convention of 20 May 1987 on a common transit procedure and a Decision by the Joint Committee of the Convention of 20 May 1987 on the simplification of formalities in trade of goods concerning an invitation to Croatia and Turkey to accede to these Conventions
Date: 2011-10-13
Institutions: European Commission
Subjects: Croatia, EFTA, Türkiye, Union transit, accession to an agreement, liberalisation of trade, simplification of formalities, trading operation

EUROPEAN COMMISSION 

Brussels, 13.10.2011 
COM(2011) 640 final 

2011/0271 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union concerning the adoption of a Decision 
by the Joint Committee of the Convention of 20 May 1987 on a common transit 
procedure and a Decision by the Joint Committee of the Convention of 20 May 1987 on 
the simplification of formalities in trade of goods concerning an invitation to Croatia 
and Turkey to accede to these Conventions 

 
 
  
 
EXPLANATORY MEMORANDUM 

The  1987  EU-EFTA  Conventions  on  a  common  transit  procedure  and  the  simplification  of 
formalities  in  trade  in  goods  (hereafter:  the  Conventions)  currently  have  four  Contracting 
Parties: the EU, Norway, Switzerland, and Iceland. 

Croatia and Turkey are interested in being invited to accede to the Conventions. 

The Commission has set out its strategy to prepare certain candidate countries for accession to 
the  Conventions  in  its  Communications  to  the  European  Parliament  and  the  Council  of 
31.5.20011 and of 18.11.20102. The approach of the Commission is that any country applying 
for accession to the Conventions can only be invited to accede if it is able to implement the 
whole  of  the  acquis  on  common  transit  and  the  simplification  of  formalities  in  force  at  the 
time,  at  the  legislative,  operational  and  computerisation  levels.  On  the  latter  point,  the  only 
countries that can be invited to accede to the Conventions are those possessing a computerised 
transit  system  that  meets  the  legal,  technical  and  financial  requirements  of  the  New 
Computerised Transit System (NCTS) in force at the time of the invitation. 

Assessment of a country’s compliance with the standards set shall be done on an individual 
basis  and  will  require  an  evaluation  of  its  administrative  capacity  as  well  as  conformance 
testing for the connection to NCTS. Both Croatia and Turkey should be in a position to join 
the Conventions as soon as they are connected to the CCN/CSI which will allow the exchange 
of NCTS messages between Contracting Parties. 

The EU, as Contracting Party to the Conventions, would have to establish a common position 
to agree to the proposal to invite Croatia and Turkey to accede to the Conventions by means 
of a Decision of the Council on the basis of Article 207 in conjunction with Article 218, ninth 
paragraph thereof, of the Treaty on the Functioning of the European Union. In order to be able 
to have the legal basis for the use of the common transit procedure as quickly as possible after 
assessment has shown that the candidate country complies with the conditions set, the Council 
Decision  should  provide  the  basis  of  acceptance  for  these  countries,  leaving  it  to  the 
Commission,  which  represents  the  EU  in  the  Joint  Committees,  to  launch  the  invitation 
procedure for the accession of new partner countries. 

The  legal  assurance  from  the  EU  side  that  the  countries’  compliance  with  the  accession 
criteria  will  immediately  result  in  the  possibility  to  accede  to  the  Conventions,  should  for 
those countries be an incentive to continue their efforts. 

Accession to the Conventions will create a larger area for common transit operations which 
will benefit European trade. 

This  Council  decision  should  be  the  basis  for  the  invitation  for  accession  to  Croatia  and 
Turkey,  which  should  be  ready  to  comply  with  the  conditions  for  accession  as  soon  as  the 
connection  to  CCN/CSI  is  established.  The  Commission  will  propose  the  decisions  of  the 
Joint Committees established by both Conventions to invite Croatia and Turkey, and launch 

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COM(2001) 289 final 
COM(2010) 668 final 

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the  procedure  for  the  adoption  of  the  invitations  addressed  to  each  country  as  soon  as  the 
Commission and the experts of Member States and Contracting Parties have confirmed that 
the  country  in  question  complies  with  the  technical  conditions  for  accession  to  the 
Conventions. 

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2011/0271 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union concerning the adoption of a Decision 
by the Joint Committee of the Convention of 20 May 1987 on a common transit 
procedure and a Decision by the Joint Committee of the Convention of 20 May 1987 on 
the simplification of formalities in trade of goods concerning an invitation to Croatia 
and Turkey to accede to these Conventions 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207(4) in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas, 

(1) 

(2) 

Article  15  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 
procedure3  empowers  the  Joint  Committee  set  up  by  that  Convention  to  adopt  by 
decision invitations to third countries within the meaning of Article 3(1)(c) to accede 
to that Convention in accordance with Article 15a. 

Article  11  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 the simplification of 
formalities  in  trade  of  goods4  empowers  the  Joint  Committee  set  up  by  that 
Convention  to  adopt  by  decision  invitations  to  third  countries  within  the  meaning  of 
Article 3(1)(c) to accede to that Convention in accordance with Article 11a, 

HAS ADOPTED THIS DECISION: 

Article 1 

The position of the European Union within the EU-EFTA Joint committee on common transit 
concerning  an  invitation  to  Croatia  and  Turkey  to  accede  to  the  Convention  on  a  common 
transit  procedure  shall  be  based  on  the  draft  Decisions  of  that  EU-EFTA  Joint  Committee 
annexed hereto. 

3 
4 

OJ No L 226, 13.8.1987, p. 2. 
OJ No L 134, 22.5.1987, p. 2. 

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Article 2 

The  position  of  the  European  Union  within  the  EU-EFTA  Joint  committee  on  the 
simplification of formalities in trade in goods concerning an invitation to Croatia and Turkey 
to  accede  to  the  Convention  on  the  simplification  of  formalities  in  trade  of  goods  shall  be 
based on the draft Decisions of that EU-EFTA Joint Committee annexed hereto. 

Article 3 

After the technical conditions for accession have been fulfilled by Croatia and Turkey the EU 
representative in the  Joint  Committees shall propose the decisions to invite each of  them to 
accede to the Conventions and vote on these decisions in line with Article 1 of this Decision. 

Article 4 

This decision is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

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EXPLANATORY MEMORANDUM 

Draft 

DECISION No x/20xx OF THE EU-EFTA JOINT COMMITTEE ON COMMON 
TRANSIT 

Grounds for and objectives of the proposal 

Invitation  of  the  EU-EFTA  Joint  Committee  on  "Common  transit"  addressed  to 
Croatia to accede to the Convention of 20 May 1987 on a common transit procedure in 
order  to  facilitate  the  movement  of  goods between Croatia, the European  Union, the 
Republic of Iceland, the Kingdom of Norway and the Swiss Confederation. 

General context 

The  Convention  of  20  May  1987  on  a  common  transit  procedure  ('Convention') 
establishes  the  measures  facilitating  the  movement  of  goods  between  the  European 
Union, the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation. 

In accordance with the provisions of Article 15(3) of the aforementioned Convention, 
the  Joint  Committee  shall  by  decision  invite  a  third  country  within  the  meaning  of 
Article 3(1)c), to accede to the Convention in accordance with the procedure set out in 
Article 15a. 

Croatia wished formally to accede to the Convention after having satisfied the legal, 
structural and information technology requirements, which are essential preconditions 
for accession. 

The Joint Committee launches such an invitation where the country proves that it is in 
a  position  to  conform  to  the  detailed  rules  for  the  application  of  provisions  of  the 
Convention. 

Mandated  by  the  EU-EFTA  working  group  on  "common  transit",  an  evaluation 
mission  covering  mainly  the  adaptation  of  Croatian  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 in Croatia established that the conditions for an invitation 
were met. 

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 strategy to promote EU competitiveness and economic 
growth. 

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CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Consultation  with  and  approval  by  the  EU-EFTA  "Common  transit"  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 

Only two options can be examined. 

- The situation remains unchanged and all movements of goods between Croatia and 
the Community have, in the context of transit, to be carried out by using TIR carnets 
(average price: 50 € per carnet) a nd a guarantee of 60 000 € per carnet. 

-  Croatia  accedes  to  the  conventions  in  question  and  the  TIR  procedure  can  be 
replaced by the common transit procedure (estimated average price per operation: 25 
€) and a guarantee set at the level of the potential customs debt. This reduces the cost 
for  the  operator  without  counting  any  possible  increase  in  trade  and  the  further 
facilitations available under the common transit procedure. Moreover, this represents 
an  alignment  to  the  'acquis  communautaire',  in  particular,  the  Community  transit 
procedure. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

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

The  draft  Decision  no.  x/2011  has  the  objective  of  inviting  Croatia  to  accede  to  the 
Convention of 20 May 1987 on a common transit procedure. 

This draft decision is submitted to the Council in order to obtain a common position 
for  its  final  adoption  by  the  EU-EFTA  Joint  Committee  on  "Common  Transit"  at  a 
forthcoming meeting. 

Legal basis 

Article 15a of the Convention of 20 May 1987 on a common transit procedure. 

Subsidiarity principle 

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The  proposal  falls  under  the  exclusive  competence  of  the  Union.  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 one possible. 

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

Choice of instruments 

Proposed instruments: other. 

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

There is no other adequate instrument. 

BUDGETARY IMPLICATION 

The proposal has no implication for the EU budget. 

ADDITIONAL INFORMATION 

Simplification 

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

The  proposition  introduces  one  common  transit  procedure  for  all  the  contracting 
parties to the Convention. 

The  common  transit  procedure  allows  the  procedures  concerning  the  movements  of 
goods to be simplified. 

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Proposal for a 

DECISION No x/20xx OF THE EU-EFTA JOINT COMMITTEE ON COMMON 
TRANSIT 

of 

concerning the invitation to Croatia, to accede 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  procedure5,  and  in 
particular Article 15(3)(e) thereof, 

Whereas: 

The promotion of trade with Croatia would be facilitated by a simplification of formalities to 
be carried out in the context of trade of goods between this country and the European Union, 
the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation. 

With a view to achieving such procedure it is appropriate to invite this country to accede to 
the Convention. 

HAS ADOPTED THIS DECISION: 

Article 1 

In  accordance  with  Article  15a  of  the  Convention,  Croatia  is  invited,  in  the  form  of  an 
exchange of letters between the Council of the European Union and Croatia in Annex to this 
decision, to accede to the Convention from […..] 

Article 2 

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

Done at Brussels,  

For the Joint committee 

The President 

5 

OJ L 226, 13.8.1987, p. 2. 

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ANNEX 

Letter No 1 

Communication of the Decision of the EU-EFTA Joint Committee to invite Croatia to accede 
to the Convention of 20 May 1987 on a common transit procedure 

Sir, 

I  have  the  honour  to  inform  you  of  the  Decision  of  the  EU-EFTA  Joint  Committee  on 
common transit of ……. (Decision No x/20xx) inviting Croatia to become a Contracting Party 
to the Convention of 20 May 1987 on a common transit procedure. 

The  accession  of  Croatia  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  Croatia  in  accordance  with  Article 
15a of the Convention. 

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

General Secretary 

General Secretariat of theCouncil of the European Union 

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Letter No 2 

Instrument of Accession of Croatia to the Convention on a common transit procedure 

Croatia, 

Taking  note  of  the  Decision  of  the  EU-EFTA  Joint  Committee  on  common  transit  of  …. 
(Decision  No  x/20xx)  to  invite  Croatia  to  accede  to  the  Convention  of  20  May  1987  on  a 
common transit procedure ("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 Croatia; 

Declares  that  it  accepts  all  the  Recommendations  and  Decisions  of  the  EU-EFTA  Joint 
Committee on common transit adopted between the  date  of the Decision of ……… and the 
date  that  the  Accession  of  Croatia  becomes  effective  in  accordance  with  Article  15a  of  the 
Convention. 

Done at...... 

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EXPLANATORY MEMORANDUM 

Draft 

DECISION No x/20xx OF THE EU-EFTA JOINT COMMITTEE ON 
SIMPLIFICATION OF FORMALITIES IN TRADE IN GOODS 

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

EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

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 EU-EFTA Joint Committee on simplification 
of formalities in trade in goods addressed to Croatia following its request, facilitating 
the  movement  of  goods  between  this  country,  the  European  Union,  the  Republic  of 
Iceland, the Kingdom of Norway and the Swiss Confederation 

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  European 
Union, the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation. 

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 accede to the Convention according to the procedure fixed 
at Article 11a. 

Croatia wished formally to be able to accede 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, which are essential preconditions. 

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 EU-EFTA working group on simplification of formalities in trade in 
goods, an evaluation mission covering mainly the adaptation of the Croatian 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 established that the conditions of an 
invitation were met. 

Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

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Consistency with other policies and objectives of the Union 

The proposal complies with the strategy to promote EU competitiveness and economic 
growth. 

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 EU-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 

Accession  to  the  Convention  of  20  May  1987  on  the  simplification  of  formalities  in 
trade in goods. 

Facilitation  of  the  movement  of  goods  between  Croatia,  the  European  Union,  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 EU legislation. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

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

The  draft  Decision  no.  x/20xx  has  the  objective  of  inviting  Croatia  to  accede  to  the 
Convention of 20 May 1987 on the simplification of formalities in trade in goods. 

This draft decision is submitted to the Council in order to obtain a common position 
for  its  final  adoption  by  the  EU-EFTA  on  simplification  of  formalities  in  trade  in 
goods Joint Committee at its next meeting. 

Legal basis 

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

Subsidiarity principle 

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The  proposal  falls  under  the  exclusive  competence  of  the  Union.  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 one possible. 

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

Choice of instruments 

Proposed instruments: other. 

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

There is no other adequate instrument. 

BUDGETARY IMPLICATION 

The proposal has no implication for the EU budget. 

ADDITIONAL INFORMATION 

Simplification 

The  proposal  provides  for  simplification  of  administrative  procedures  for  public 
authorities (EU or national) and 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  simplifying  the 
application of the common transit procedure. 

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Draft 

DECISION No x/20xx OF THE EU-EFTA JOINT COMMITTEE ON 
SIMPLIFICATION OF FORMALITIES IN TRADE IN GOODS 

concerning the invitation to Croatia, 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,6 and in particular Article 11(3) thereof, 

Whereas: 

(1) 
The exchange of goods with Croatia country would be facilitated by the simplification 
of formalities which affect the trade in goods between this country and the European Union, 
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 

Croatia is invited, in the form of an exchange of letters between the Council of the European 
Union  and  Croatia,  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 

6 

OJ L 134, 22.05.1987, p. 2. 

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ANNEX 

Letter No 1 

Communication of the Decision of the EU-EFTA Joint Committee to invite Croatia 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  EU-EFTA  Joint  Committee  on 
simplification of formalities in trade in goods of ……. (Decision No x/20xx) inviting Croatia 
to  become  a  Contracting  Party  to  the  Convention  of  20  May  1987  on  the  simplification  of 
formalities in trade in goods. 

The  accession  by  Croatia  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  Croatia  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 Croatia to the Convention on the simplification of formalities in 
trade in goods  

Croatia, 

Acknowledging  the  Decision  of  the  EU-EFTA  Joint  Committee  on  simplification  of 
formalities  in  trade  in  goods  of  ….  (Decision  No  x/20xx)  to  invite  Croatia  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 Croatia; 

Declares  that  it  accepts  all  the  Recommendations  and  Decisions  of  the  EU-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  Croatia  becomes  effective  in 
accordance with Article 11a of the Convention. 

Done at 

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EXPLANATORY MEMORANDUM 

Draft 

DECISION No x/20xx OF THE EU-EFTA JOINT COMMITTEE ON COMMON 
TRANSIT 

Grounds for and objectives of the proposal 

Invitation  of  the  EU-EFTA  Joint  Committee  on  "Common  transit"  addressed  to 
Turkey to accede to the Convention of 20 May 1987 on a common transit procedure in 
order  to  facilitate  the  movement  of  goods  between  Turkey,  the  European  Union,  the 
Republic of Iceland, the Kingdom of Norway and the Swiss Confederation. 

General context 

The  Convention  of  20  May  1987  on  a  common  transit  procedure  ('Convention') 
establishes  the  measures  facilitating  the  movement  of  goods  between  the  European 
Union, the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation. 

In accordance with the provisions of Article 15(3) of the aforementioned Convention, 
the  Joint  Committee  shall  by  decision  invite  a  third  country  within  the  meaning  of 
Article 3(1)c), to accede to the Convention in accordance with the procedure set out in 
Article 15a. 

Turkey wished formally to accede to the Convention after having satisfied the legal, 
structural and information technology requirements, which are essential preconditions 
for accession. 

The Joint Committee launches such an invitation where the country proves that it is in 
a  position  to  conform  to  the  detailed  rules  for  the  application  of  provisions  of  the 
Convention. 

Mandated  by  the  EU-EFTA  working  group  on  "common  transit",  an  evaluation 
mission  covering  mainly  the  adaptation  of  the  Turkish  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 in Turkey established that the conditions 
of an invitation were met. 

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 strategy to promote EU competitiveness and economic 
growth. 

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CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Consultation  with  and  approval  by  the  EU-EFTA  "Common  transit"  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 

Only two options can be examined. 

- The situation remains unchanged and all movements of goods between Turkey and 
the Community have, in the context of transit, to be carried out by using TIR carnets 
(average price: 50 € per carnet) a nd a guarantee of 60 000 € per carnet. 

- Turkey accedes to the conventions in question and the TIR procedure can be replaced 
by the common transit procedure (estimated average price per operation: 25 €) and a 
guarantee set at the level of the potential customs debt. This reduces the cost for the 
operator  without  counting  any  possible  increase  in  trade  and  the  further  facilitations 
available under the common transit procedure. Moreover, this represents an alignment 
to the 'acquis communautaire', in particular, the Community transit procedure. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

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

The  drafts  decision  no.  x/2011  has  the  objective  of  inviting  Turkey  to  accede  to  the 
Convention of 20 May 1987 on a common transit procedure. 

This draft decision is submitted to the Council in order to obtain a common position 
for  its  final  adoption  by  the  EU-EFTA  Joint  Committee  on  "Common  Transit"  at  a 
forthcoming meeting. 

Legal basis 

Article 15a of the Convention of 20 May 1987 on a common transit procedure. 

Subsidiarity principle 

The  proposal  falls  under  the  exclusive  competence  of  the  Union.  The  subsidiarity 

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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 one possible. 

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

Choice of instruments 

Proposed instruments: other. 

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

There is no other adequate instrument. 

BUDGETARY IMPLICATION 

The proposal has no implication for the EU budget. 

ADDITIONAL INFORMATION 

Simplification 

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

The  proposition  introduces  one  common  transit  procedure  for  all  the  contracting 
parties to the Convention. 

The  common  transit  procedure  allows  the  procedures  concerning  the  movements  of 
goods to be simplified. 

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Proposal for a 

DECISION No x/20xx OF THE EU-EFTA JOINT COMMITTEE ON COMMON 
TRANSIT 

of 

concerning the invitation to Turkey, to accede 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  procedure7,  and  in 
particular Article 15(3)(e) thereof, 

Whereas: 

The promotion of trade with Turkey would be facilitated by a simplification of formalities to 
be carried out in the context of trade of goods between this country and the European Union, 
the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation. 

With a view to achieving such procedure it is appropriate to invite this country to accede to 
the Convention. 

HAS ADOPTED THIS DECISION: 

Article 1 

In  accordance  with  Article  15a  of  the  Convention,  Turkey  is  invited,  in  the  form  of  an 
exchange of letters between the Council of the European Union and Turkey in Annex to this 
decision, to accede to the Convention from […..] 

Article 2 

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

Done at Brussels,  

For the Joint committee 

The President 

7 

OJ L 226, 13.8.1987, p. 2. 

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ANNEX 

Letter No 1 

Communication of the Decision of the EU-EFTA Joint Committee to invite Turkey to accede 
to the Convention of 20 May 1987 on a common transit procedure 

Sir, 

I  have  the  honour  to  inform  you  of  the  Decision  of  the  EU-EFTA  Joint  Committee  on 
common transit of ……. (Decision No x/20xx) inviting Turkey to become a Contracting Party 
to the Convention of 20 May 1987 on a common transit procedure. 

The  accession  of  Turkey  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  Turkey  in  accordance  with  Article 
15a 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 Turkey to the Convention on a common transit procedure 

Turkey, 

Taking  note  of  the  Decision  of  the  EU-EFTA  Joint  Committee  on  common  transit  of  …. 
(Decision  No  x/20xx)  to  invite  Turkey  to  accede  to  the  Convention  of  20  May  1987  on  a 
common transit procedure ("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 Turkey; 

Declares  that  it  accepts  all  the  Recommendations  and  Decisions  of  the  EU-EFTA  Joint 
Committee on common transit adopted between the  date  of the Decision of ……… and the 
date  that  the  Accession  of  Turkey  becomes  effective  in  accordance  with  Article  15a  of  the 
Convention. 

Done at...... 

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EXPLANATORY MEMORANDUM 

Draft 

DECISION No x/20xx OF THE EU-EFTA JOINT COMMITTEE ON 
SIMPLIFICATION OF FORMALITIES IN TRADE IN GOODS 

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

EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

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 EU-EFTA Joint Committee on simplification 
of  formalities  in  trade  in  goods  at  the  address  of  Turkey,  following  its  request, 
facilitating  the  movement  of  goods  between  this  country,  the  European  Union,  the 
Republic of Iceland, the Kingdom of Norway and the Swiss Confederation. 

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  European 
Union, the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation. 

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 accede to the Convention according to the procedure fixed 
at Article 11a. 

Turkey wished formally to be able to accede 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, which are essential preconditions. 

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 EU-EFTA working group on simplification of formalities in trade in 
goods,  an  evaluation  mission  covering  mainly  the  adaptation  of  the  Turkish  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 established that the conditions of an 
invitation were met. 

Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

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Consistency with other policies and objectives of the Union 

The proposal complies with the strategy to promote EU competitiveness and economic 
growth. 

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 EU-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 

Accession  to  the  Convention  of  20  May  1987  on  the  simplification  of  formalities  in 
trade in goods. 

Facilitation  of  the  movement  of  goods  between  Turkey,  the  European  Union,  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 EU legislation. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

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

The  draft  Decision  no.  x/20xx  has  the  objective  of  inviting  Turkey  to  accede  to  the 
Convention of 20 May 1987 on the simplification of formalities in trade in goods. 

This draft decision is submitted to the Council in order to obtain a common position 
for  its  final  adoption  by  the  EU-EFTA  on  simplification  of  formalities  in  trade  in 
goods Joint Committee at its next meeting. 

Legal basis 

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

Subsidiarity principle 

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The  proposal  falls  under  the  exclusive  competence  of  the  Union.  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 one possible. 

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

Choice of instruments 

Proposed instruments: other. 

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

There is no other adequate instrument. 

BUDGETARY IMPLICATION 

The proposal has no implication for the EU budget. 

ADDITIONAL INFORMATION 

Simplification 

The  proposal  provides  for  simplification  of  administrative  procedures  for  public 
authorities (EU or national) and 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  simplifying  the 
application of the common transit procedure. 

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Draft 

DECISION No x/20xx OF THE EU-EFTA JOINT COMMITTEE ON 
SIMPLIFICATION OF FORMALITIES IN TRADE IN GOODS 

concerning the invitation to Turkey, 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,8 and in particular Article 11(3) thereof, 

Whereas: 

(1) 
In preparing the enlargement of the European Union to Turkey 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  Union,  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 

Turkey is invited, in the form of an exchange of letters between the Council of the European 
Union  and  Turkey,  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 

8 

OJ L 134, 22.05.1987, p. 2. 

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ANNEX 

Letter No 1 

Communication of the Decision of the EU-EFTA Joint Committee to invite Turkey 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  EU-EFTA  Joint  Committee  on 
simplification of formalities in trade in goods of ……. (Decision No x/20xx) inviting Turkey 
to  become  a  Contracting  Party  to  the  Convention  of  20  May  1987  on  the  simplification  of 
formalities in trade in goods. 

The  accession  by  Turkey  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  Turkey  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 Turkey to the Convention on the simplification of formalities in 
trade in goods  

Turkey, 

Acknowledging  the  Decision  of  the  EU-EFTA  Joint  Committee  on  simplification  of 
formalities  in  trade  in  goods  of  ….  (Decision  No  x/20xx)  to  invite  Turkey  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 Turkey; 

Declares  that  it  accepts  all  the  Recommendations  and  Decisions  of  the  EU-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  Turkey  becomes  effective  in 
accordance with Article 11a of the Convention. 

Done at 

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS  

Policy area(s): CUSTOMS 

Activit(y/ies): -- 

Proposal  has  no  financial  implications  (involves  technical  aspects  regarding  implementation 
of a measure) 

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