Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the EU-EFTA Joint Committee concerning the adoption of a Decision amending the Convention of 20 May 1987 on a common transit procedure
Date: 2012-04-18
Institutions: European Commission
Subjects: EFTA countries, Türkiye, accession to an agreement, agreement (EU), customs transit, revision of an agreement

EUROPEAN COMMISSION 

Brussels, 18.4.2012  
COM(2012) 176 final 

2012/0088 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, in the EU-EFTA Joint 
Committee concerning the adoption of a Decision amending the Convention of 20 May 
1987 on a common transit procedure 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

The accession of Turkey to the Convention on a common transit procedure of 20 May 1987 
involves  the  introduction  of  new  linguistic  references  concerning  this  country  in  the 
Convention. Furthermore, guarantee documents where Contracting Parties to the Convention 
are mentioned need to be changed accordingly. 

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

Turkey wished formally to accede to the Convention and has fulfilled the legal, structural and 
information technology requirements, which are preconditions for accession. 

As these preconditions have been met by Turkey and Turkey has been invited to accede, it is 
now  necessary  to  amend  the  Convention  with  new  linguistic  references  in  the  Turkish 
language and the appropriate adaptations of guarantee documents. These amendments are to 
be introduced and applied as of the first day Turkey starts using the common transit system. 

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 

Not applicable. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Consultation with 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 

EN 

2 

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There was no need for external expertise. 

Impact assessment 

The  accession  to  the  Convention  of  20  May  1987  on  a  common  transit  procedure  can  be 
seenwithin the framework of the pre-accession strategy to the European Union. 

It will lead to an alignment to the "acquis communautaire" in the transit area. 

The  introduction  of  common  transit  in  Turkey  as  an  alternative  to  the  TIR  procedure  will 
bring further facilitation of transit, reduction in costs and a possible increase in trade. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

The  accession  of  Turkey  involves  the  introduction  of  new  linguistic  references  concerning 
this  country,  allowing  the  implementation  of  the  common  transit  procedure  between  the 
Contracting Parties. The guarantee documents in particular have to be subject to the necessary 
modifications. 

This  draft  decision  was  approved  by  the  Customs  Code  Committee  "Customs  Status  and 
Transit section" and by the EU-EFTA Working Group on common transit. 

The Commission is invited to approve this draft decision by the written procedure, in order to 
submit it to the Council to establish a common position for its final adoption by the EU-EFTA 
Joint Committee on Common Transit. 

Legal basis 

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

Subsidiarity principle 

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

Proportionality principle 

The proposal complies with the proportionality principle for the following reason. 

Not applicable. 

Choice of instruments 

Proposed instrument: other. 

EN 

3 

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Other means would not be adequate for the following reason. 

There is no other adequate instrument. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the EU budget. 

5. 

OPTIONAL ELEMENTS 

Simplification 

The  proposal  provides  for  simplification  of  administrative  procedures  for  public  authorities 
and simplification of administrative procedures for private parties. 

The  proposal  introduces  the  common  transit  procedure  for  all  the  Contracting  Parties  to  the 
Convention. 

The common transit procedure allows the authorisation of simplifications concerning private 
parties. 

EN 

4 

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2012/0088 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, in the EU-EFTA Joint 
Committee concerning the adoption of a Decision amending the Convention of 20 May 
1987 on a common transit procedure 

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) 

(3) 

(4) 

(5) 

(6) 

(7) 

Article  15a  of  the  Convention  on  a  common  transit  procedure1  allows  for  a  third 
country to become a Contracting Party to this Convention following a decision of the 
Joint Committee to invite the country. 

Article  15  of  the  Convention  on  a  common  transit  procedure  empowers  the  Joint 
Committee  set  up  by  that  Convention  to  recommend  and  adopt,  by  decisions, 
amendments to this Convention and its Appendices. 

Turkey  formally  expressed  its  wish  to  join  the  common  transit  system  and  has  been 
invited  following  a  decision  by  the  Joint  Committee  on  19  January  2012  set  up  by 
virtue of this Convention. 

the  essential 

technology 
Having  satisfied 
requirements,  which  are  preconditions  for  accession  and  following  the  formal 
procedure  for  accession  Turkey  will  accede  the  Convention  of  20  May  1987  on  a 
common transit procedure. 

legal,  structural  and 

information 

The enlargement of the common transit system will require certain amendments of the 
Convention.  These  concern  new  linguistic  references  in  Turkish  and  the  appropriate 
adaptations of guarantee documents. 

The  proposed  amendment  was  presented  to  and  discussed  within  the  EU-EFTA 
Working Group and the text was preliminarily approved. 

Therefore,  the  position  of  the  European  Union  concerning  the  proposed  amendment 
should be determined, 

1 

OJ no L 226, 13.8.1987, p.2. 

EN 

5 

   EN 

                                                 
HAS ADOPTED THIS DECISION:  

Article 1 

The  position  to  be  taken  by  the  European  Union  in  the  EU-EFTA  Joint  Committee  on 
common transit concerning the adoption of Decision No XXX by this Committee amending 
the Convention of 20 May 1987 on a common transit procedure shall be based on the draft 
Decision annexed to this Decision. 

Minor changes to the draft Decision may be agreed to by the representatives of the Union in 
the EU-EFTA Joint Committee without further decision of the Commission. 

The  Commission  shall  publish  the  Decision  of  the  EU-EFTA  Joint  Committee  on  common 
transit, once adopted, in the Official Journal of the European Union. 

Article 2 

Article 3 

This Decision is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

EN 

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ANNEX  

Proposal for a 

DECISION No XXX OF THE EU-EFTA JOINT COMMITTEE ON COMMON TRANSIT 

amending 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,2  and  in 
particular Article 15(3)(a) thereof, 

Whereas: 

(1) Turkey is to accede to the Convention of 20 May 1987 on a common transit procedure and 
has been invited following a decision by the Joint Committee on 19 January 2012 set up by 
virtue of this Convention. 

(2)  Accordingly,  the  Turkish  language  versions  of  the  references  used  in  the  Convention 
should be inserted in the Convention in the appropriate order. 

(3)  The  application  of  this  Decision  is  linked  to  the  date  of  accession  of  Turkey  to  the 
Convention. 

(4) In order to allow the use of guarantee forms printed in accordance with the criteria in force 
prior  to  the  date  of  accession  of  Turkey  to  the  Convention,  a  transitional  period  should  be 
established during which the printed forms, with some adaptations, could continue to be used. 

(5) Therefore the Convention has to be amended accordingly. 

HAS ADOPTED THIS DECISION: 

Article 1 

Appendix III to the Convention on a common transit procedure is amended as set out in the 

Annex to this Decision. 

1. 

2. 

This Decision shall apply from 1st July 2012 

Article 2 

The  forms  based  on  the  specimen  forms  in  Annexes  C1,  C2,  C3,  C4,  C5,  C6  to 
Appendix  III  may  continue  to  be  used,  subject  to  the  necessary  geographical 
adaptations and the adaptations concerning the address for service or the authorised 
agent, until 30th June 2013 at the latest. 

Done at Brussels,  

2 

OJ L 226, 13.8.1987, p. 2. 

EN 

7 

   EN 

                                                 
For the Joint Committee 

The President 

EN 

8 

   EN 

 
 
1. 

In Annex B1, under box 51 the following indent is added between United Kingdom 
and Iceland: 

ANNEX 

"Turkey 

TR",  

2. 

In Annex B6, Title III is amended as follows: 

In the first part of the table "Limited validity - 99200" the following indent is added 

2.1. 
before IS: 

"- 

TR 

Sınırlı Geçerli" 

In the second part of the table "Waiver - 99201" the following indent is added before 

2.2. 
IS: 

"- 

TR 

Vazgeçme" 

In the third part of the table "Alternative proof - 99202" the following indent is added 

2.3. 
before IS: 

"- 

TR 

Alternatif Kanıt" 

In  the  fourth  part  of  the  table  "Differences:  office  where  goods  were  presented… 

2.4. 
(name and country) – 99203" the following indent is added before IS: 

"- 

TR 

Değişiklikler: Eşyanın sunulduğu idare…....(adı ve ülkesi)" 

In  the  fifth  part  of  the  table  "Exit  from…  subject  to  restrictions  or  charges  under 

2.5. 
Regulation/Directive/Decision No… – 99204" the following indent is added before IS: 

TR 

"- 
kısıtlamalara veya mali yükümlülüklere tabidir" 

Eşyanın  ………’dan  çıkışı .….  No.lu  Tüzük  /  Direktif  /  Karar  kapsamında 

In  the  sixth  part  of  the  table  "Prescribed  itinerary  waived  –  99205"  the  following 

2.6. 
indent is added before IS: 

"- 

TR 

Zorunlu Güzergahtan Vazgeçme" 

In the seventh part of the table "Authorised consignor – 99206", the following indent 

2.7. 
is added before IS: 

"- 

TR 

İzinli Gönderici" 

In  the  eight  part  of  the  table  "Signature  waived  –  99207",  the  following  indent  is 

2.8. 
added before IS: 

"- 

TR 

İmzadan Vazgeçme"  

In  the  ninth  part  of  the  table  "Comprehensive  guarantee  prohibited  –  99208"  the 

2.9. 
following indent is added before IS: 

EN 

9 

   EN 

"- 

TR 

Kapsamlı teminat yasaklanmıştır" 

In the tenth part of the table "Unrestricted use- 99209", the following indent is added 

2.10. 
before IS: 

"- 

TR 

Kısıtlanmamış kullanım 

In the eleventh part of the table "Issued retroactively - 99210, the following indent is 

2.11. 
added before IS: 

"- 

TR 

Sonradan Düzenlenmiştir" 

In the twelfth part of the table "Various – 99211", the following indent is added before 

2.12. 
IS: 

"- 

TR 

Çeşitli" 

In the thirteenth part of the table "Bulk – 99212", the following indent is added before 

2.13. 
IS: 

"- 

TR 

Dökme" 

In the fourteenth part of the table "Consignor – 99213" the following indent is added 

2.14. 
before IS: 

"- 

TR 

Gönderici"

EN 

10 

   EN 

3. 

Annex C1 is replaced by the following text: 

"ANNEX C1 

COMMON/COMMUNITY TRANSIT PROCEDURE 

GUARANTEE DOCUMENT 

INDIVIDUAL GUARANTEE 

I. 

Undertaking by the guarantor 

The 

1. 
undersigned3............................................................................................................................................... 

resident at4................................................................................................................................................. 

hereby jointly and severally guarantees, at the office of guarantee of ...................................................... 

up to a maximum amount of  

............................................................................................................................. 

in favour of the European Union (comprising the Kingdom of Belgium, the Republic of Bulgaria, the 
Czech  Republic,  the  Kingdom  of  Denmark,  the  Federal  Republic  of  Germany,  the  Republic  of 
Estonia,  the  Hellenic  Republic,  the  Kingdom  of  Spain,  the  French  Republic,  Ireland,  the  Italian 
Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy 
of  Luxembourg,  Hungary,  the  Republic  of  Malta,  the  Kingdom  of  the  Netherlands,  the  Republic  of 
Austria,  the  Republic  of  Poland,  the  Portuguese  Republic,  Romania  the  Republic  of  Slovenia,  the 
Slovak  Republic,  the  Republic  of  Finland,  the  Kingdom  of  Sweden,  the  United  Kingdom  of  Great 
Britain and Northern Ireland) and of the Republic of Croatia, the Republic of Iceland, the Kingdom of 
Norway,  the  Swiss  Confederation,  the  Republic  of  Turkey,  the  Principality  of  Andorra  and  the 
Republic of San Marino,5 any amount of principal, further liabilities, expenses and incidentals - but 
not 
the 
principal,6……………………………………………………………………………………………… 

which 

fines 

for 

- 

may  be  or  become  liable  to  the  abovementioned  countries  for  debt  in  the  form  of  duty  and  other 
charges  applicable  to  the  goods  described  below  placed  under  the  Community  or  common  transit 
procedure from the office of departure of…………………………………………………………….. 

………………………………………………………………………………………………………….. 

to the office of destination of .................................................................................................................... 

………………………………………………………………………………………………………… 

Goods description: 

………………………………………………………………………………………………………….. 

3 
4 
5 

6 

Surname and forenames, or name of firm. 
Full address. 
Delete the name of the Contracting Party or Parties or States (Andorra or San Marino) whose territory is 
not transited. The references to the Principality of Andorra and the Republic of San Marino shall apply 
solely to Community transit operations. 
Surname and forename, or name of firm and full address of the principal. 

EN 

11 

   EN 

                                                 
The undersigned undertakes to pay upon the first application in writing by the competent 

2. 
authorities of the countries referred to in point 1 and without being able to defer payment beyond a 
period of 30 days from the date of application the sums requested unless he or she or any other person 
concerned establishes before the expiry of that period, to the satisfaction of the competent authorities, 
that the operation has ended. 

At the request of the undersigned and for any reasons recognised as valid, the competent authorities 
may  defer  beyond  a  period  of  30  days  from  the  date  of  application  for  payment  the  period  within 
which he or she is obliged to pay the requested sums. The expenses incurred as a result of granting 
this additional period, in particular any interest, must be so calculated that the amount is equivalent to 
what would be charged under similar circumstances on the money market or financial market in the 
country concerned. 

3. 
This undertaking shall be valid from the day of its acceptance by the office of guarantee. The 
undersigned  shall  remain  liable  for  payment  of  any  debt  arising  during  the  Community  or  common 
transit operation covered by this undertaking and commenced before any revocation or cancellation of 
the guarantee took effect, even if the demand for payment is made after that date. 

For  the  purpose  of  this  undertaking  the  undersigned  gives  his  or  her  address  for  service7  in 

4. 
each of the other countries referred to in paragraph 1 as: 

Country 

Surname and forenames, or name of 
firm, and full address 

………………………………………
………………………………………
………………………………………
………………………………………
……………………….. 

……………………………………
……………………………………
……………………………………
……………………………………
………………………………… 

The undersigned acknowledges that all correspondence and notices and any formalities or procedures 
relating to this undertaking addressed to or effected in writing at one of his or her addresses for service 
shall be accepted as duly delivered to him or her. 

The  undersigned  acknowledges  the  jurisdiction  of  the  courts  of  the  places  where  he  or  she  has  an 
address for service. 

The  undersigned  undertakes  not  to  change  his  or  her  addresses  for  service  or,  if  he  or  she  has  to 
change one or more of those addresses, to inform the office of guarantee in advance. 

Done at ………………………………., on ……………………………………….. 

……………………………………………………………. 

(Signature)8 

7 

8 

If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in 
this  country,  an  agent  authorised  to  receive  any  communications  addressed  to  him  and  the 
acknowledgement  in  the  second  subparagraph  and  the  undertaking  in  the  fourth  subparagraph  of 
paragraph 4 must be made to correspond. The courts of the places in which the addresses for service of 
the guarantor or of his agents are situated shall have jurisdiction in disputes concerning this guarantee. 
The  person  signing  the  document  must  enter  the  following  by  hand  before  his  or  her  signature: 
"Guarantee for the amount of ...................................", the amount being written out in letters. 

EN 

12 

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II. 

Acceptance by the office of guarantee 

Office of 
guarantee……………………………………………………………………………………….. 

Guarantor's undertaking accepted on......................................................................................................to 
transit  declaration  No 
transit  operation  effected  under 
cover 
................................................of…………………………………………. 9 

the  Community/common 

………………………………………………… 

(Stamp and signature)" 

9 

To be completed by the office of departure. 

EN 

13 

   EN 

                                                 
4. 

Annex C2 is replaced by the following text: 

"ANNEX C2 

COMMON/COMMUNITY TRANSIT PROCEDURE 

GUARANTEE DOCUMENT 

INDIVIDUAL GUARANTEE IN THE FORM OF VOUCHERS 

I. 

Undertaking by the guarantor 

The 

1. 
undersigned10..............................................................................................................................................
. 

resident at11................................................................................................................................................. 

hereby jointly and severally guarantees, at the office of guarantee of ..................................................... 

in favour of the European Union (comprising the Kingdom of Belgium, the Republic of Bulgaria, the 
Czech  Republic,  the  Kingdom  of  Denmark,  the  Federal  Republic  of  Germany,  the  Republic  of 
Estonia,  the  Hellenic  Republic,  the  Kingdom  of  Spain,  the  French  Republic,  Ireland,  the  Italian 
Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy 
of  Luxembourg,  Hungary,  the  Republic  of  Malta,  the  Kingdom  of  the  Netherlands,  the  Republic  of 
Austria,  the  Republic  of  Poland,  the  Portuguese  Republic,  Romania,  the  Republic  of  Slovenia,  the 
Slovak  Republic,  the  Republic  of  Finland,  the  Kingdom  of  Sweden,  the  United  Kingdom  of  Great 
Britain and Northern Ireland) and of the Republic of Croatia, the Republic of Iceland, the Kingdom of 
Norway,  the  Swiss  Confederation,  the  Republic  of  Turkey,  the  Principality  of  Andorra  and  the 
Republic of San Marino12, 

any  amount  of  principal,  further  liabilities,  expenses  and  incidentals  -  but  not  fines  -  for  which  a 
principal may be or become liable to the above mentioned States for debt in the form of duty and other 
charges applicable to the goods placed under the Community or common transit procedure, in respect 
of which the undersigned has undertaken to issue individual guarantee vouchers up to a maximum of 
EUR 7 000 per voucher. 

2. 
The  undersigned  undertakes  to  pay  upon  the  first  application  in  writing  by  the  competent 
authorities of the countries referred to in paragraph 1 and without being able to defer payment beyond 
a period of 30 days from the date of application the sums requested, up to EUR 7 000 per individual 
guarantee voucher, unless he or she or any other person concerned establishes before the expiry of that 
period, to the satisfaction of the competent authorities, that the operation has ended. 

At the request of the undersigned and for any reasons recognised as valid, the competent authorities 
may  defer  beyond  a  period  of  30  days  from  the  date  of  application  for  payment  the  period  within 
which he or she is obliged to pay the requested sums. The expenses incurred as a result of granting 
this additional period, in particular any interest, must be so calculated that the amount is equivalent to 
what would be charged under similar circumstances on the money market or financial market in the 
country concerned. 

3. 
This undertaking shall be valid from the day of its acceptance by the office of guarantee. The 
undersigned shall remain liable for payment of any debt arising during any Community or common 
transit operations covered by this undertaking and commenced before any revocation or cancellation 
of the guarantee took effect, even if the demand for payment is made after that date. 

10 
11 
12 

Surname and forenames, or name of firm. 
Full address. 
Only for Community transit operations. 

EN 

14 

   EN 

                                                 
For  the  purpose  of  this  undertaking  the  undersigned  gives  his  or  her  address  for  service13  in 

4. 
each of the other countries referred to in paragraph 1 as: 

Country 

Surname and forenames, or name of firm, and full address 

…………………
…………………
…………………
…………………
…………………
…………. 

………………………………………………………………
………………………………………………………………
………………………………………………………………
………………………………………………………………
………………………………………………………………
…………………………………….. 

The undersigned acknowledges that all correspondence and notices and any formalities or procedures 
relating to this undertaking addressed to or effected in writing at one of his or her addresses for service 
shall be accepted as duly delivered to him or her. 

The  undersigned  acknowledges  the  jurisdiction  of  the  courts  of  the  places  where  he  or  she  has  an 
address for service. 

The  undersigned  undertakes  not  to  change  his  or  her  addresses  for  service  or,  if  he  or  she  has  to 
change one or more of those addresses, to inform the office of guarantee in advance. 

Done at ………………………………., on ……………………………………….. 

………………………………………….. 

(Signature)14 

II. 

Acceptance by the office of guarantee 

Office of guarantee  

……………………………………………………………………………………….. 

Guarantor's undertaking accepted on  

.......................................................................................................................... 

……………………………………………….. 

(Stamp and signature)" 

13 

14 

If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in 
this  country,  an  agent  authorised  to  receive  any  communications  addressed  to  him  and  the 
acknowledgement  in  the  second  subparagraph  and  the  undertaking  in  the  fourth  subparagraph  of 
paragraph 4 must be made to correspond. The courts of the places in which the addresses for service of 
the guarantor or of his agents are situated shall have jurisdiction in disputes concerning this guarantee. 
The signature must be preceded by the following in the signatory's own handwriting: 'Guarantee'. 

EN 

15 

   EN 

                                                 
5. 

Annex C4 is replaced by the following text: 

"ANNEX C 4 

COMMON/COMMUNITY TRANSIT PROCEDURE 

GUARANTEE DOCUMENT 

COMPREHENSIVE GUARANTEE 

I. 

Undertaking by the guarantor 

The 

1. 
undersigned15..............................................................................................................................................
.resident 
at16................................................................................................................................................. 

hereby jointly and severally guarantees, at the office of guarantee of ...................................................... 

up to a maximum amount of  

................................................................................................................................................................... 

being  100/50/30%17  of  the  reference  amount,  in  favour  of  the  European  Union  (comprising  the 
Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the 
Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, 
the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the 
Republic  of  Lithuania,  the  Grand  Duchy  of  Luxembourg,  Hungary,  the  Republic  of  Malta,  the 
Kingdom  of  the  Netherlands,  the  Republic  of  Austria,  the  Republic  of  Poland,  the  Portuguese 
Republic,  Romania,  the  Republic  of  Slovenia,  the  Slovak  Republic,  the  Republic  of  Finland,  the 
Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland) and of Republic of 
Croatia, the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation, the Republic of 
Turkey, the Principality of Andorra and the Republic of San Marino,18 

any  amount  of  principal,  further  liabilities,  expenses  and  incidentals  -  but  not  fines  -  for  which  the 
principal,19..................................................................................................................................................
........................, may be or become liable to the abovementioned countries for debt in the form of duty 
and other charges applicable to the goods placed under the Community or common transit procedure. 

The  undersigned  undertakes  to  pay  upon  the  first  application  in  writing  by  the  competent 
2. 
authorities of the countries referred to in paragraph 1 and without being able to defer payment beyond 
a  period  of  30  days  from  the  date  of  application  the  sums  requested  up  to  the  limit  of  the 
abovementioned maximum amount, unless he or she or any other person concerned establishes before 
the expiry of that period, to the satisfaction of the competent authorities, that the operation has ended. 

At the request of the undersigned and for any reasons recognised as valid, the competent authorities 
may  defer  beyond  a  period  of  30  days  from  the  date  of  application  for  payment  the  period  within 
which he or she is obliged to pay the requested sums. The expenses incurred as a result of granting 
this additional period, in particular any interest, must be so calculated that the amount is equivalent to 

15 
16 
17 
18 

19 

Surname and forenames, or name of firm. 
Full address. 
Delete what does not apply. 
Delete the name of the Contracting Party or Parties or States (Andorra or San Marino) whose territory is 
not transited. The references to the Principality of Andorra and the Republic of San Marino shall apply 
solely to Community transit operations. 
Surname and forename, or name of firm and full address of the principal. 

EN 

16 

   EN 

                                                 
what would be charged under similar circumstances on the money market or financial market in the 
country concerned. 

This amount may not be reduced by any sums already paid under the terms of this undertaking unless 
the undersigned is called upon to pay a debt arising during a Community or common transit operation 
commenced before the preceding demand for payment was received or within 30 days thereafter. 

3. 
This undertaking shall be valid from the day of its acceptance by the office of guarantee. The 
undersigned shall remain liable for payment of any debt arising during any Community or common 
transit operations covered by this undertaking and commenced before any revocation or cancellation 
of the guarantee took effect, even if the demand for payment is made after that date. 

For  the  purpose  of  this  undertaking  the  undersigned  gives  his  or  her  address  for  service20  in 

4. 
each of the other countries referred to in paragraph 1 as: 

Country 

Surname and forenames, or name of firm, and full address 

…………………
…………………
…………………
…………………
…………………
…………….. 

……………………………………………………………………
……………………………………………………………………
……………………………………………………………………
……………………………………………………………………
……………………………………………………………………
……………………… 

The undersigned acknowledges that all correspondence and notices and any formalities or procedures 
relating to this undertaking addressed to or effected in writing at one of his or her addresses for service 
shall be accepted as duly delivered to him or her. 

The  undersigned  acknowledges  the  jurisdiction  of  the  courts  of  the  places  where  he  or  she  has  an 
address for service. 

The  undersigned  undertakes  not  to  change  his  or  her  addresses  for  service  or,  if  he  or  she  has  to 
change one or more of those addresses, to inform the office of guarantee in advance. 

Done at ………………………………., on ……………………………………….. 

……………………………………………… 

(Signature)21 

20 

21 

If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in 
this  country,  an  agent  authorised  to  receive  any  communications  addressed  to  him  and  the 
acknowledgement  in  the  second  subparagraph  and  the  undertaking  in  the  fourth  subparagraph  of 
paragraph 4 must be made to correspond. The courts of the places in which the addresses for service of 
the guarantor or of his agents are situated shall have jurisdiction in disputes concerning this guarantee. 
The signature must be preceded by the following in the signatory's own handwriting: “Guarantee for the 
amount of ...” with the amount written out in full. 

EN 

17 

   EN 

                                                 
II. 

Acceptance by the office of guarantee 

Office of guarantee  

……………………………………………………………………………………….. 

Guarantor's undertaking accepted on  

.......................................................................................................................... 

…………………………………………………. 

(Stamp and signature)" 

EN 

18 

   EN 

6. 

7. 

In  Box  7  of  Annex  C5,  the  word  "Turkey"  is  inserted  between  the  words 
"Switzerland" and "Andorra". 

In  Box  6  of  Annex  C6,  the  word  "Turkey"  is  inserted  between  the  words 
"Switzerland" and "Andorra". 

EN 

19 

   EN