CELEX: 51988PC0273
Language: en
Date: 1988-05-17
Title: Proposal for a COUNCIL REGULATION (EEC) concerning the application of Decision 1/88 of the EEC-EFTA Joint Committee "Common transit" amending Appendices I, II and III to 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 procedure (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 273
Vol. 1988/0086
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
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Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(88 ) 273 final
                                               Brussels , 17 May 1988
                                                          /
                                  Proposal for a
                             COUNCIL REGULATION ( EEC )
concerning the application of Decision 1 / 88 of the EEC-EFTA Joint Committee
         " Common transit " amending Appendices I , II and III to 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 procedure
                         ( presented by the Commission )
        m
        l£|                      y
 ---pagebreak---                               EXPLANATORY MEMORANDUM
Subject : Application in the Comnunity of Decision 1 /88 of the EEC-EFTA
             Joint Committee " Common transit" amending Appendices I , II and
             III to the EEC-EFTA Convention of 20 May 1987 between the
             European Community , the Republic of Austria , the Republic of
             Finland , the Republic of Ireland , the Kingdom of Norway , the
             Kingdom of Sweden and the Swiss Confederation on a common transit
             procedure .
1 . By its Decision 87 /415/ EEC of 15 June 1987 ( 1 ), the Council approved on
     behalf of the Community the Convention concluded between the European
     Economic Community and the EFTA countries on a common transit
     procedure . That Convention entered into force on 1 January 1988 .
2 . The appendices to that Convention reproduce in regard to trade between
     the Community and the EFTA countries the essential points of Community
     rules , in particular those relating to Community transit .
3 . The rules on Community transit were recently amended and adapted ,
     principally with regard to the time-limit for the re-presentation of
     goods , the references concerning railway documents used in simplified
     Community transit procedures for goods transported by rail , and the
     codes applicable to the guarantee .
4 . The appendices to the Convention should consequently be amended and
     adapted .                                                                1
5 . This is the purpose of the attached Decision 1/88 which has been adopted
     on 22 April 1988 by the EEC - EFTA Joint Committee " Common Transit".
6 . This Decision will have to be made applicable in the Community by means
     of a Council Decision , the proposal for which is also attached .
( 1 ) O.J. No L 226 , 23.8.1987 .
 ---pagebreak---      Proposal for Council Regul ation ( EEC ) concerning the application of
        Decision 1 / 88 of the EEC-EFTA Joint Committee " Common transit'"'
         amending Appendices I , II and III   to the Convention between
          the European Economic Community ,   the Republic of Austria ,
              the Republic of Finland , the   Republic ot Iceland ,
                the Kingdom of Norway , the   Kingdom of Sweden
                           and the Swiss Confederation
                          on a common transit procedure .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ,
Having regard to the proposal from the Commission ,
Whereas Article 15(3 ) of the said Convention confers on the Joint Committee
set up by that Convention the power to adopt by decision amendments to the
Appendices to the Convention ,
Whereas   the Joint Committee has       decided to amend and adapt certain
provisions of Appendices I , II and III to the Convention ,
Whereas those amendments and adaptations are the subject of D-cision 1 / 88
of the Joint Committee ; whereas it is necessary to take mer ■* " ss r~ v’ the
implementation of that Decision ,
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                            Article 1
         Decision 1 /88 of the EEC-EFTA Joint Committee " Common transit" amending
         Appendices I , II and III to . the Convention on a common transit procedure
         shall be applicable in the Conmunity .
         The text of the said Decision is attached to this Regulation .
                                           Article 2
4
         This Regulation shall enter into force on the day following its publication
         in the Official Journal of the European Communities .
         This Regulation is binding in its entirety and directly applicable in all
         Member States .
   ! 1
   î  i
 .- iy,  Done at Brussels ,
      V-
                                                For the Council
 Г
1%.
il                                              The President
 ---pagebreak---                                     DECISION 1 / 88
               of the EEC-EFTA Joint Committee " Common transit "
                    amending Appendices I , II and III 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
procedure , and in particular Article 15(3 ) ( a ) thereof ,
Whereas the new Article 40 ( a ) of the Regulation on Community transit does
not apply to common transit ; whereas Appendix I to the Convention should
consequently be adapted ;
Whereas Appendix II to the Convention contains , inter alia , detailed rules
for the application of the common transit procedure ,
Whereas it should be specified that the time limit prescribed by the office
of departure by which the goods' must be produced at the office of
destination is binding on the customs authorities of countries whose
territory is entered during the T1 or T2 operation and shall not therefore
be altered by those authorities ;
Whereas in order to overcome any difficulties which might arise from the
renumbering of boxes on railway documents used as customs transit documents
in the context of the simplified transit procedure for the carriage of
goods by rail , it has proved necessary to refer to such boxes by their
heading rather than by their number ;
Whereas the    indication of the     flat-rate guarantee voucher number as
required under Appendix III to the Convention in the list of codes to be
used in " Box 52 : Guarantee" to indicate the type of guarantee has in
certain respects proved superfluous ; whereas there is therefore no need for
it to be retained ,
HAS DECIDED AS FOLLOWS :
 ---pagebreak---                                          - 2 -
                                        Article 1
Appendix I to the Convention is amended as follows :
The text appearing after Article 39 is replaced by the following :
                              " Articles 40 , 40 ( a ) and 41
    ( This Appendix does not contain Articles 40 , 40 ( a ) and 41 )".
                                        Article 2
Appendix II to the Convention is amended as follows :
1 . In Article 1 , the following is inserted after paragraph 5 :
    "5 ( a ). ( This article does not contain paragraph 5 ( a ).)".
2 . In Article 5(3 ), the words " and shall be signed by the person signing
    that form " are deleted .
3 . Article 9 , ( 1 ) and ( 2 ) are replaced by the following :
    " 1 . Where Articles 29 to 61 operate , Article 5 ( 2 ), and Articles 6 to 8
          shall apply to loading lists which accompany the International
          Consignment Note or TR Transfer Note .           The number of such lists
          shall be shown in the box reserved for particulars of accompanying
          documents of either the International Consignment Note or the TR
          Transfer Note , whichever is produced .
          In addition , the loading list shall include the wagon number to
          which the International Consignment Note refers or , where appro¬
          priate , the number of the container containing the goods .
    2.    For transports beginning within the territory of the Contracting
          Parties comprising at the same time goods moving under the T1 proce¬
          dure and goods moving under the T2 procedure , separate loading lists
          shall be used ; in the case of goods carried in large containers
          under cover of TR Transfer Notes , such separate lists shall be
          completed for each large container which contains both categories of
          goods .
          For transports beginning in the Community a reference to the serial
          numbers of the loading lists relating to the goods moving under the
          T1 procedure shall be inserted in the box reserved for the descrip¬
          tion of the goods of either the International Consignment Note or TR
          Transfer Note , whichever is produced ".
 ---pagebreak---                                            - 3 -
          For transport beginning in an EFTA country , a reference to the
          serial numbers of the loading lists relating to the goods moving
          under the T2 procedure shall be inserted in the box reserved for the
          description of the goods of either the International Consignment
          Note or TR Transfer Note , whichever is produced".
4 . The following is inserted after Article 9 :
                      "Time-limit for the production of goods
                                       Article 9 ( a )
    The time-limit prescribed by the office of departure by which the goods
    must be produced at the office of destination shall be binding on the
    customs authorities of the countries whose territory is entered during
    the T1 or T2 operation and shall not be altered by those authorities ."
5 . The following is inserted after Article 19 :
                                 " Articles 19 ( a ) to 19 ( c )
    ( This Appendix does not contain Articles 19 ( a ) to 19 ( c ) ) " .
6 . Article 35 , ( 2 ) and ( 3 ) are replaced by the following :
    " 2 . Goods , the carriage of which begins in the Community , shall be
          deemed to be moving under the T2 procedure . If , however , the goods
          are to move under the T1 procedure , the office of departure shall
          indicate on sheets 1 , 2 and 3 of the International Consignment Note
          that the goods to which that document refers are moving under the T1
          procedure ; the symbol " Tl “ shall accordingly be clearly shown in the p
          box reserved for customs .      In the case of goods moving under the T2 j .
          procedure the symbol " T2 " need not be entered on the document .
      3 . Goods , the carriage of which begins in an EFTA count'/.-, snail be )
          deemed to be moving under the T1 procedure . If , howe\tr , the goods '
          are to move under the T2 procedure in accordance with zhe provisions 1
          of Article 2(3)(b ) of the Convention , the office of departure shaP
          indicate on sheet 3 of the International Consignment Note that the I
          goods to which the document refers are moving under the T2 !
          procedure ; the symbol "T2 " shall accordingly be clearly shown in ohe !
          box reserved for customs , together with the stamp of the customs
          office of departure and the signature of the responsible official .
          In the case of goods moving under the T1 procedure the symbol " T3 "
          need not be entered on the document".
                                                                  • •/ • •
 ---pagebreak---                                             - 4 -
     7 . In Article 45 , the first subparagraph of Definition No 4
         " List of large containers " is supplemented by the following :
t        " The list shall be produced in the same number of copies as the TR
^          Transfer Note to which it relates ".
X
)
     8 . In Article 61 , ( 2 ), the first subparagraph is replaced by the following
         " 2 . In the case referred to in paragraph 1 , a reference to the transit
               document or documents used shall be clearly entered in the box
               reserved for particulars of accompanying documents at the time when
               the International Consignment Note or the International Express
               Parcels Consignment Note is filled in . That reference shall specify
               the type , office of issue , date and registration number of each
               document used ".
     9 . Article 61 , ( 4 ) is replaced by the following :
         " 4 . Where a transit operation is effected under cover of a TR Transfer
               Note in accordance with Articles 44 to 58 , the International
               Consignment Note used for the operation shall be excluded from the
               scope of Articles 29 to 43 , 59 , 60 and 61(1 ) and ( 2 ). The
               International Consignment Note shall bear a clear reference to the
               TR Transfer Note in the box reserved for particulars of accompanying
               documents . That reference shall comprise the words " Transfer Note "
  i            followed by the serial number ."
    10 .   In Article 67(1 ) and ( 3 ), the words " copies 1 , 4 and 5 " are
         replaced by the words " copies 1 and 4 ".
    11 . In article 85 ( 3 ), the words " it shall be signed by the person who signs
         the T2L document " are deleted .
    12 . In Annex IX , the text alongside figure 1 is be replaced by the
         following :
         " 1 . The coat of arms or any other signs or letters characterizing the
               country ".
                                          Artide 3
     Appendix III to the Convention is amended as follows :
     1 . In Annex IX , under the heading " Box 52 : Guarantee " in the list of codes
         applicable , the words " guarantee voucher number" in the third column
         alongside the words " For flat-rate guarantee " are deleted .
                                                                                     8
 ---pagebreak---                                  Article 4
This Decision shall enter into force on 1 July 1988 .
Done at Brussels , 22 April 1988
                                            For the Joint Committee
                                            The Chairman
                                             E.R. Vilar