Proposal for a COUNCIL DECISION on the position to be adopted by the European Union, in the context of the EU-Switzerland Joint Committee, on the definition of the grounds for exemption from transmitting data pursuant to the first subparagraph of Article 3(3) of Annex 1 to the Agreement between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures
Date: 2013-04-04
Institutions: European Commission
Subjects: Switzerland, association agreement (EU), carriage of goods, customs inspection, disclosure of information, revision of an agreement, simplification of formalities

EUROPEAN 
COMMISSION 

Brussels, 4.4.2013  
COM(2013) 177 final 

2013/0093 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the European Union, in the context of the EU-
Switzerland Joint Committee, on the definition of the grounds for exemption from 
transmitting data pursuant to the first subparagraph of Article 3(3) of Annex 1 to the 
Agreement between the European Community and the Swiss Confederation on the 
simplification of inspections and formalities in respect of the carriage of goods and on 
customs security measures  

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  Agreement  between  the  European  Community  and  the  Swiss  Confederation  on  the 
simplification  of  inspections  and  formalities  in  respect  of  the  carriage  of  goods  and  on 
customs  security  measures1  is  intended  to  maintain  the  simplification  of  inspections  and 
formalities  in  respect  of  the  passage  of  goods  at  frontiers  and  the  smooth  flow  of  trade 
between  the  two  Contracting  Parties,  whilst  ensuring  a  high  level  of  security  in  the  supply 
chain.  

In the case of exports to third countries, this high level of security is assured by, inter alia, the 
requirement for an exit summary declaration containing the security data to be submitted to 
the customs office of exit prior to export. When goods destined for a third country leave Swiss 
customs  territory  through  the  customs  territory  of  the  European  Union,  the  security  data 
contained  in  the  declaration  must  be  transmitted  to  the  export  office  within  the  European 
Union. The same procedure in reverse applies for goods leaving the European Union through 
an office of exit in Switzerland.  

The  Joint  Committee  set  up  under  Article  19(1)  of  the  Agreement  is  responsible  for  the 
administration and proper implementation of the Agreement. The Committee may determine 
cases in which transmission of the security information is not necessary. This exemption may 
be granted only if it does not affect the level of security assured by the Agreement. This draft 
decision  of  the  EU-Switzerland  Joint  Committee  proposes  an  exemption  from  transmitting 
security data for some indirect exports made by air. The condition that security levels must be 
maintained is considered to be met because, prior to loading, air carriers subject the whole of 
an aircraft's cargo to the security checks set out in Annex 17 to the Chicago Convention on 
International Civil Aviation. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

Consultation of interested parties 

The Swiss customs authorities have approved the Joint Committee's draft decision  

Impact Assessment 

There is no need for an impact assessment since the Decision implements a provision of the 
Agreement without modifying its content. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

This proposal for a Council Decision constitutes the legal instrument for defining the position 
to  be  taken  by  the  European  Union,  within  the  EU-Switzerland  Joint  Committee,  on  the 
implementation of some provisions of the Agreement between the European Community and 
the Swiss Confederation on the simplification of inspections and formalities in respect of the 
carriage of goods and on customs security measures. 

In  accordance  with  the  first  paragraph  of  Article  5  of  Council  Decision  2009/556/EC  of 
25 June 2009  concerning  the  provisional  application  and  conclusion  of  the  aforementioned 

1 

OJ L 199, 31.7.2009, p. 24. 

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Agreement2, the joint position of the European Union is adopted by the Council, acting by a 
qualified majority on a proposal from the Commission. 

4. 

BUDGETARY IMPLICATIONS 

The decision has no financial implications for the budget of the European Union. 

5. 

OPTIONAL ELEMENTS 

None.

2 

OJ L 199, 31.7.2009, p. 22. 

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2013/0093 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the European Union, in the context of the EU-
Switzerland Joint Committee, on the definition of the grounds for exemption from 
transmitting data pursuant to the first subparagraph of Article 3(3) of Annex 1 to the 
Agreement between the European Community and the Swiss Confederation on the 
simplification of inspections and formalities in respect of the carriage of goods and on 
customs security measures  

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 Agreement of 25 June 2009 between the European Community and the 
Swiss  Confederation  on  the  simplification  of  inspections  and  formalities  in  respect  of  the 
carriage  of  goods  and  on  customs  security  measures3  (referred  to  hereinafter  as  'the 
Agreement'),  

Having regard to Council Decision 2009/556/EC of 25 June 2009 concerning the provisional 
application  and  conclusion  of  the  aforementioned  Agreement4,  and  in  particular  the  first 
paragraph of Article 5 thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

under Article 21 of the Agreement, its administration falls within the remit of the Joint 
Committee  set  up  by  it  (referred  to  hereinafter  as  'the  EU-Switzerland  Joint 
Committee'). 

the second subparagraph of Article 3(3) of Annex 1 to the Agreement states that the 
Joint  Committee  may  determine  cases  in  which  transmission  of  the  information 
specified  in  the  first  subparagraph  is  not  necessary,  as  long  as  the  level  of  security 
assured by the Agreement is not affected; 

HAS ADOPTED THIS DECISION: 

Article 1 

The  position  to  be  adopted  by  the  European  Union  within  the  EU-Switzerland  Joint 
Committee on the definition of the grounds for exemption from transmitting data pursuant to 
the  first  subparagraph  of  Article  3(3)  of  Annex  1  to  the  Agreement  is  laid  down  in  the 
attached draft decision of the EU-Switzerland Joint Committee. 

3 
4 

OJ L 199, 31.7.2009, p. 24. 
OJ L 199, 31.7.2009, p. 22. 

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Once adopted, the Decision of the Joint Committee shall be published in the Official Journal 
of the European Union. 

Article 2 

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

Done at Brussels,  

Article 3 

For the Council 
The President 

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ANNEX  

DRAFT 

DECISION No …/2013 OF THE EU–SWITZERLAND JOINT COMMITTEE 

of … 

laying down the grounds for exemption from transmitting data pursuant to the first 
subparagraph of Article 3(3) of Annex 1 to the Agreement of 25 June 2009 between the 
European Community and the Swiss Confederation on the simplification of inspections 
and formalities in respect of the carriage of goods and on customs security measures  

THE JOINT COMMITTEE, 

Having regard to the Agreement of 25 June 2009 between the European Community and the 
Swiss  Confederation  on  the  simplification  of  inspections  and  formalities  in  respect  of  the 
carriage  of  goods  and  on  customs  security  measures  (referred  to  hereinafter  as  'the 
Agreement'), and in particular Article 21(3) and Annex 1, Article (3)(3), second subparagraph 
thereof,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

the  Agreement  is  intended  to  maintain  the  simplification  of  inspections  and 
formalities  in  respect  of  the  passage  of  goods  at  frontiers  and  the  smooth  flow  of 
trade between the two Contracting Parties, whilst ensuring a high level of security in 
the supply chain; 

the Contracting Parties have undertaken to guarantee in their respective territories an 
equivalent  level  of  security  through  measures  based  on  legislation  in  force  in  the 
European Union; 

when goods destined for a third country leave the customs territory of a Contracting 
Party through the customs territory of the other Contracting Party, the security data 
contained in the exit summary declaration lodged with the competent authority of the 
former Contracting Party shall be transmitted by it to the competent authority of the 
latter;  

the Joint Committee may determine cases in which this transmission of information 
is  not  necessary  as  long  as  the  level  of  security  assured  by  the  Agreement  is  not 
affected; 

the  Member  States  of  the  European  Union  and  the  Swiss  Confederation  are 
Contracting Parties to the Chicago Convention on International Civil Aviation; under 
Annex  17  to  the  Convention,  in  order  to  protect  international  aviation  from  acts  of 
unlawful interference, air carriers subject the whole of an aircraft's cargo to security 
checks prior to loading; 

the  European  Community  and  the  Swiss  Confederation  are  bound  by  the  Air 
Transport Agreement of 21 June 1999, which governs aviation safety and security in 
particular; 

HAS DECIDED: 

Where  exports  of  goods  under  the  first  subparagraph  of  Article  3(3)  of  Annex  1  to  the 
Agreement are concerned, the transmission of data shall not be required so long as: 

Article 1 

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(a) 

(b) 

(c) 

(d) 

the goods are accepted by an airline for transport out of the customs territories of the 
Contracting Parties;  

the  exit  of  goods  through  the  customs  office  of  the  second  Contracting  Party  takes 
place by air; 

an  exit  summary  declaration  or  a  customs  export  declaration  which  meets  the 
requirements  for  a  summary  declaration  has  been  submitted  to  the  customs  office 
responsible for the place from which the goods are exported;  

when  the  goods  arrive  at  the  customs  office  at  the  point  of  exit  from  the  second 
Contracting Party's customs territory, the carrier places a copy of the exit summary 
declaration  for  the  exported  goods  at  the  disposal  of  this  customs  office  when  the 
latter so requests. 

The Decision shall enter into force on the day following its adoption.  

Article 2 

Done at Brussels,  

FOR THE JOINT COMMITTEE, 

THE CHAIRMAN 

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