Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committeeconcerning the setting up of a Joint Working Group to monitor the implementation of Chapter IIa of Protocol 10 to the EEA Agreement on simplification of inspections and formalities in respect of carriage of goods and defining its rules of procedure.
Date: 2011-11-17
Institutions: European Commission
Subjects: European Economic Area, customs inspection, revision of an agreement, transport safety

EUROPEAN COMMISSION 

Brussels, 17.11.2011 
SEC(2011) 1363 final 

2011/0338 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning the setting up of a Joint Working Group to monitor the implementation of 
Chapter IIa of Protocol 10 to the EEA Agreement on simplification of inspections and 
formalities in respect of carriage of goods and defining its rules of procedure. 

 
 
  
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

In  order  to  ensure  the  requisite  legal  security  and  homogeneity  of  the  Internal 
Market,  the  EEA  Joint  Committee  is  to  integrate  all  the  relevant  Community 
legislation into the EEA Agreement as soon as possible after its adoption. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The  draft  Decision  of  the  EEA  Joint  Committee  (annexed  to  the  proposed  Council 
Decision)  aims  to  set  up  a  Joint  Working  Group  to  monitor  the  implementation  of 
Chapter  IIa  of  Protocol  10  to  the  EEA  Agreement  on  simplification  of  inspections 
and formalities in respect of carriage of goods and defining its rules of procedure. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Article  1(3)  of  Council  Regulation  (EC)  No  2894/94  concerning  arrangements  for 
implementing the EEA Agreement provides that the Council establishes the position 
to  be  adopted  on  the  Union’s  behalf  on  such  Decisions,  on  a  proposal  from  the 
Commission.  

The  Commission  submits  the  Draft  Decision  of  the  EEA  Joint  Committee  for 
adoption by the Council as the Union’s position. The Commission would hope to be 
able to present it in the EEA Joint Committee at the earliest possible opportunity. 

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2011/0338 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning the setting up of a Joint Working Group to monitor the implementation of 
Chapter IIa of Protocol 10 to the EEA Agreement on simplification of inspections and 
formalities in respect of carriage of goods and defining its rules of procedure. 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 114, 207(2) and 218 (9) thereof, 

Having  regard  to  Council  Regulation  (EC)  No  2894/94  of  28  November  1994  concerning 
arrangements  for  implementing  the  Agreement  on  the  European  Economic  Area1,  and  in 
particular Article 1(3) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

Protocol 10 to the Agreement was amended by Decision of the EEA Joint Committee 
No 76/2009 of 30 June 20092, with a view to inserting a new Chapter IIa on customs 
security measures. 

Article  9b  of  Protocol  10  provides  that,  in  bilateral  trade  between  the  Contracting 
Parties,  the  application  of  customs  security  measures  shall  be  waived,  provided  that 
there is an equivalent level of customs security on their respective territories. 

Article 9f of Protocol 10 provides that the EEA Joint Committee shall define the rules 
allowing  the  Contracting  Parties  to  ensure  the  monitoring  of  the  implementation  of 
Chapter  IIa  of  Protocol  10  and  to  verify  whether  the  provisions  of  Chapter  IIa  and 
Annexes I and II of Protocol 10 are complied with, 

HAS ADOPTED THIS DECISION:  

The  position  to  be  taken  by  the  Union  in  the  EEA  Joint  Committee  on  the  proposed 
establishment  of  a  Joint  Working  Group  to  monitor  the  implementation  of  Chapter  IIa  of 

Article 1 

1 
2 

OJ L 305, 30.11.1994, p. 6.  
OJ L 232, 3.9.2009, p. 40. 

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Protocol 10 to the EEA Agreement on simplification of inspections and formalities in respect 
of carriage of goods and defining its rules of procedure shall be based on the draft Decision of 
the EEA Joint Committee attached to this Decision. 

Article 2 

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

Done at …, 

For the Council 
The President 

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ANNEX  

Draft 

DECISION OF THE EEA JOINT COMMITTEE  
No  

setting up of a Joint Working Group to monitor the implementation of Chapter IIa of 
Protocol 10 to the EEA Agreement on simplification of inspections and formalities in 
respect of carriage of goods and defining its rules of procedure 

THE EEA JOINT COMMITTEE, 

Having regard to the Agreement on the European Economic Area, as amended by the Protocol 
adjusting  the  Agreement  on  the  European  Economic  Area,  hereinafter  referred  to  as  ‘the 
Agreement’, and in particular Articles 92 and 94(3) thereof, and Article 9f(1) of Protocol 10 
to the Agreement, 

Whereas: 

(1) 

(2) 

(3) 

Protocol 10 to the Agreement was amended by Decision of the EEA Joint Committee 
No 76/2009 of 30 June 20093, with a view to inserting a new Chapter IIa on customs 
security measures. 

Article  9b  of  Protocol  10  provides  that,  in  bilateral  trade  between  the  Contracting 
Parties, the application of customs security measures shall be waived, provided that 
there is an equivalent level of customs security on their respective territories. 

Article  9f  of  Protocol  10  provides  that  the  EEA  Joint  Committee  shall  define  the 
rules allowing the Contracting Parties to ensure the monitoring of the implementation 
of Chapter IIa of Protocol 10 and to verify whether the provisions of Chapter IIa and 
Annexes I and II of Protocol 10 are complied with, 

HAS ADOPTED THIS DECISION: 

Article 1 

1. 

2. 

A Joint Working Group on Customs Security Measures, hereinafter referred to as the 
Working  Group,  is  hereby  established  in  order  to  ensure  the  monitoring  of  the 
implementation  of  the  customs  security  provisions  in  Chapter  IIa  of  Protocol  10  to 
the EEA Agreement and to verify whether the provisions of Chapter IIa and Annexes 
I and II of that Protocol are complied with. 

The Working Group shall operate in accordance with the rules of procedure specified 
in the Annex to this Decision. 

3 

OJ L 232, 3.9.2009, p. 40. 

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3. 

The  Working  Group  shall  report  to  Joint  Subcommittee  I  on  the  free  movement  of 
goods, as referred to in Article 15(1)(a) of the Rules of Procedure of the EEA Joint 
Committee4.  

This  Decision  shall  enter  into  force  on  ,  provided  that  all  the  notifications  under  Article 
103(1) of the Agreement have been made to the EEA Joint Committee∗. 

Article 2 

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the 
Official Journal of the European Union. 

Article 3 

Done at Brussels, . 

For the EEA Joint Committee 

The President 

The Secretaries 
to the EEA Joint Committee 

4 

∗ 

Decision of the EEA Joint Committee No 1/94 of 8 February 1994 adopting the Rules of Procedure of 
the EEA Joint Committee, OJ L 85, 30.3.1994, p. 60. 
[No constitutional requirements indicated.] [Constitutional requirements indicated.] 

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ANNEX  

to Decision of the EEA Joint Committee No… 

RULES OF PROCEDURE OF THE JOINT WORKING GROUP ON CUSTOMS 
SECURITY MEASURES 

Article 1 

Composition 

The  Working  Group  shall  be  composed  of  representatives  of  the  European  Union, 
representatives  of  the  EFTA  States  and,  where  necessary,  experts  from  the  customs 
administrations of the Member States of the European Union. 

Article 2 

Tasks 

1. 

2. 

3. 

4. 

The  Working  Group  shall  evaluate  the  equivalency  of  customs  security  measures 
defined in the legislation of the Contracting Parties. In particular, it shall monitor the 
implementation  of 
legislation  concerning  pre-arrival  and  pre-departure 
information,  security  related  customs  controls  and  risk  management  and  the 
legislation  concerning  authorised  economic  operators.  It  shall  also  exchange 
information on amendments to the legislation concerned. 

the 

The Working Group shall discuss the necessary technical amendments to Chapter IIa 
of Protocol 10. 

Upon a request of one of the Contracting Parties, the Working Group shall organise a 
meeting of a group of experts to discuss a specific issue. The Working Group shall 
also review administrative procedures of the Contracting Parties. In order to carry out 
such a review, the Working Group may agree to organise on-the spot visits. 

Upon a request of one of the Contracting Parties, the Working Group shall examine 
any issue which it considers relevant for the implementation of the customs security 
measures defined in Chapter IIa of Protocol 10. 

Article 3 

Chairmanship 

The  meetings  of  the  Working  Group  shall  be  chaired  alternately  every  six  months  by  a 
representative  of  the  European  Union  and  by  a  representative  of  one  of  the  EFTA  States  to 
which Chapter IIa of Protocol 10 applies. 

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Article 4 

Meetings 

The Working Group shall meet on a regular basis and at least once a year. 

The meetings shall take place in Brussels or in any other place decided by the Chair 
of the Working Group. 

The  Chair  shall  convene  the  meetings  of  the  Working  Group.  Invitations  to  the 
meeting shall be sent to the participants referred to in Article 1 at least 10 working 
days before the meeting. In urgent matters, invitations  may  be sent out at a shorter 
notice. 

The working language of the Working Group shall be English. 

The meetings shall not be public unless otherwise agreed. 

Article 5 

Agenda 

The  Chair  shall  draw  up  the  provisional  agenda  for  each  meeting.  The  provisional 
agenda  shall  be  sent  to  the  participants  referred  to  in  Article  1  at  least  10  working 
days before the meeting. 

The Contracting Parties may request the inclusion of an agenda item either in writing 
to the Chair or prior to the adoption of the agenda on the day of the meeting. 

Article 6 

Minutes 

Minutes  from  each  meeting  of  the  Working  Group  shall  be  drawn  up  under  the 
responsibility  of  the Chair. The minutes shall indicate, with respect to each agenda 
item, the recommendations and/or the conclusions of the Working Group. 

The  draft  minutes  shall  be  exchanged  between  the  Contracting  Parties  and  agreed 
within 20 working days of the meeting. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

1. 

2. 

Article 7 

Expenses 

The  representatives  of  the  Contracting  Parties  and  the  experts  from  the  customs 
administrations  of  the  Member  States  of  the  European  Union  shall  cover  all  expenses  they 
incur as a result of their participation in the meetings of the Working Group. 

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