CELEX: 51977PC0023
Language: en
Date: 1977-02-15 00:00:00
Title: DRAFT AGREEMENT between the European Economic Community, the Republic of Austria and the Swiss Confederation on the extension of the application of the rules on Community transit#RECOMMENDATION FOR A REGULATION of the Council on the conclusion of an Agreement between the European Economic Community, the Republic of Austria and the Swiss Confederation, on the extension of the application of the rules on Community transit (Presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 23
Vol. 1977/0009
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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), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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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
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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,
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                     COM(77 ) 23 final .
                                     Brussels , 15 February 1977 *
                        DRAFT AGREEMENT
                  between the European Economic Community ,
                  the Republic of Austria and the Swiss
                  Confederation on the extension of the
                  application of the rules on Community
                  transit
                        RECOMMENDATION FOR A REGULATION
                  of the Council on the conclusion of an
                  Agreement between the European Economic
                  Community , the Republic of Austria and
                  the Swiss Confederation , on the extension
                  of the application of the rules on
                  Community transit
                  ( Presented by the Commission to the
                    Council )
COM(77 ) 23 final
 ---pagebreak---                            REPORT ON THE NEGOTIATIONS                             i
                                                                                  I
                                                                                  \
 I.  INTRODUCTION
                                                                                   !
     The Council authorized the Commission in a Decision adopted on                !
     25 June 1976 " to negotiate an Agreement between the European Economic
     Community, the Republic of Austria and the Swiss Confederation to fcxtend
     the application of the rules on Community transit ."
     This Decision followed the recommendation from the Commission to the
     Council on 12 March 1976^' .
     The Agreement is intended to extend the scope of the bilateral Agreement
     concluded on 23 and 30 November 1972 between the EEC and the Swiss
     Confederation and the EEC and the Republic of Austria respectively on the
     application of Community transit rules^o goods crossing Community territo­
     ry as well as the territories of Austria and Switzerland . As each of
     the two Agreements was strictly bilateral , no provision was made for
     that kind of traffic .
     Negotiations on the proposed Agreement were held in Berne on 20-     and 21
     October 1976 . The draft Agreement , Annex A to this report , was initialled
     on 21 October 1976 .
II . BRIEF FOR THE NEGOTIATIONS
     Negotiations were carried out on the basis of the guidelines laid down
     by the Council in the Decision of 25 June 1976 .
     A. Scope of the Agreement
     The application of the EEC-Austria and EEC-Switzerland Agreements are to
     be extended to cover the carriage of goods between two points in the
     Community which also cross both Austria and Switzerland so as to reduce
                               . .     (3)
     formalities to a minimum .
     The proposed Agreement also provides that the regulations on Community
     transit may be applied to any other carriage of goods which cross both
     Austria and Switzerland ( see Article 2 of Annex A ).
     ( 1 ) See S / 498 / 76 ( EFTA ) < CH 2 ) (A 5 ) ( EC 02 ) + corr.1
     ( 2 ) 0J No L 365 of 31.12.1973 and 0J No L 58 of 28.2.1974
     ( 3 ) The Agreement is expected to apply also to the Principality of
           Liechtenstein ( see Article 4 of Anrt?x A )
                                                            /
 ---pagebreak---                           - 2 -
B « Undertakinq qiven foy Austria and Switzerland
The Agreement , as negotiated, stipulates that Austria and Switzerland
in their mutual relations subject to the limits referred to under A
above , shall have the same rights and obligations as any Member State
vis-a-vis either of them ( see Article 3(1 ) and ( 2) of Annex A ). Special
provisions in the EEC-Switzerland Agreement , for which there are no corres
ponding provisions in the EEC-Austria Agreement , shall also apply in
dealings between Austria and Switzerland ( see Article 3(3 ) of Annex A ).
C. Administration of the^ Agreement
In accordance with Directives adopted by the Council , under which
any problem of implementation of the proposed Agreement must be dealt
with by the Joint Committees set up under the two Agreements referred to
under I , a special clause to this effect in the draft Agreement was
not considered necessary - The work of thetwo Joint Committees is prepared
 at Working Party meetings set up for this purpose by the procedural
 rules of those Joint Committees .
 0 . Implementation of the Agreement
 The Agreement will come into force on the first day of the second month
 following the date on which the Contracting Parties notify each other of
 the completion of the necessary procedures ( see Article 5 of Annex A ).
 Any of the Contracting Parties may denounce the Agreement , providing
 six months' notice is given ( see Article 6 of Annex A ).
  III . LEGAL BASIS
 The Commission considers that the Agreement should be concluded under
 Article 113 of the Treaty. The bilateral Agreements on the application
  of the Community transit rules were concluded on the same basis .
  IV . CONCLUSIONS AND RECOMMENDATIONS
  Briefly, the Commission considers that the Agreement as negotiated
  fully meets the aims of the negotiations .
  Accordinly, the Commission is submitting to the Council :
  - the text of the Agreement , as negotiated , ( Annex A )
  - a Recommendation for a regulation on the conclusion of this
     Agreement (Annex B ).
                                                                     *
 ---pagebreak---                                                     ANNEX A
                            PRA FT
                         AGREEMENT
                between the European Economic Community /,
                the Republic of Austria and the Swiss
                Confederation on the extension of the
                application of the rules on Community
                transit
  THE EUROPEAN ECONOMIC COMMUNITY ,
  THE REPUBLIC OF AUSTRIA and
  THE SWISS CONFEDERATION ,
  DESIRING to simplify the customs formalities at the frontiers in
  respect of goods traffic through both Austrian and Swiss territories
  CONSIDERING that simplification can be achieved by the extension of the
  application of the provisions of the Transit Agreements concluded between
^the European Economic Community and the Swiss Confederation and
  the Republic of Austria in respect of the carriage of goods through both
  those Contracting Parties .
HAVE AGREED AS FOLLOWS       :
                             Article 1
           For the purpose of this Agreement :
 ( a ) the " EEC-Switzerland Transit Agreement " means the Agreement signed on
        23 November 1972 , as currently amended or as may be amended , between
        the European Economic Community and the Swiss Confederation on the
        application of the rules on Community transit ;
 ( b ) .the " EEC -Austria Transit Agreement " means the Agreement signed on
       30 November 1972 , as currently amended or as may be amended , between the
       European Economic Community and the Republic of Austria on the applica­
       tion of the rules on Community transit ;
< c ) the "Community" means the European Economic Community;
( d ) a "Member State" means a Member State of the Community .
 ---pagebreak---                              Article 2
          The provisions of the EEC-Switzerland Transit Agreement and of the
  EEC-Austria Transit Agreement shall be extended to the movement of goods
  between two points situated in the Community through both the territory of
 Austria and the territory of Switzerland .
          These rules may also apply to any other movement of goods through
 both the territory of Austria and the territory of Switzerland .
                            Article 3
 1-       For the purposes of applying Article 2 and without prejudice to
Article 13 ( 1 ) of the EEC–Switzerland and EEC–Austria transit Agreement *
" the Swiss Confederation shall , in relation to the Republic of Austria ,
    have the same rights and obligations as a Member State ;
- the Republic of Austria shall , in relation to the Swiss Confederation,
    have the same rights and obligations as a Member State .
2.       Guarantees drawn up in accordance with the specimens in the two
Agreements shall be completed accordingly .
3.       The following provisions which do not appear in the EEC-Austria Transit
Agreement shall also apply in dealings between the Swiss Confederation and
the Republic of Austria :
Ca ) where , in application of Article 4 , paragraphs 1 and 2 of the two
       Transit Agreements , criminal proceedings prove necessary these shall
      be carried out in each State in accordance with the provisions of national
       law on prosecutions for customs offences .
( b ) the customs administrations of the Republic of Austria or of the Swiss
      Confederation shall , in the circumstances covered by Article 4 of the
      two Transit Agreements , furnish all information of their disposal ,
      where necessary following investigation carried out at the request of
      the customs administrations of the Swiss Confederation or of the Republic
      of Austria relating to the goods or to persons convicted or suspected
      of having infringed provisions of the Community transit regulations .
      However , the administrative assistance referred to in the said Article 4
      may, in respect of persons neither convicted nor suspected of having
 ---pagebreak---                               - 3 -
          infringed tnese provisions having regard to the provisions of
          national law which guarantee the protection of industrial , commercial
          or professional secrecy , be limited to such information as does not
          imperil this protection .
   ( c)   Internal Community transit documents shall not be issued in respect
          of goods reconsigned from Switzerland after being warehoused in a
          private warehouse within the meaning of the Swiss Federal customs law .
                               Article 4
          This Agreement shall apply to the Principality of Liechtenstein as
 long as that Principality remains bound to the Swiss Confederation by a
 customs union treaty .
                               Article 5
            This Agreement shall enter into force on the first day of the second
 month following the day on which the Contracting Parties notify each other
of the completion of the procedures necessary to that end .
                               Article 6
            This Agreement may be denounced by any of the Contracting Parties ,
subject to six months * notice .
                               Article 7
           This Agreement is drawn up in three copies in the Danish , Dutch ,
English , French , German and Italian languages , all six texts being equally
authenti c .
                                                 /
 ---pagebreak---                                                 ANNEX B
                      RECOMMENDATION
               for a Council Regulation on the
               conclusion of an Agreement between
               the European Economic Community , the
               Republic of Austria and the
               Swiss Confederation , on the extension "
               of the application of the rules on
               Community transit
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 Recommendation from the Commission ;
Whereas the Agreements*^ ^^ between the European Economic Community
and Switzerland and Austria on the application of the rules on Community
transit , signed respectively on 23 and 30 November 1972 , are designed
to simplify frontier formalities in repsect of goods crossing Switzerland
or Austria from and to points in the Community ;
Whereas this objective is not achieved whenever goods during the same
journey cross both Switzerland and Austria , each Agreement being strictly
bilateral ;
Whereas it would be          the 1nt9fests of all the Contracting Parties to the
two aforementioned Agreements to extend their scope to include the
carriage of goods through both Austria and Switzerland ;
HAS ADOPTED THIS REGULATION :
                               Article 1
The Agreement between the European Economic Community , the Republic of
Austria and the Swiss Confederation , on the extension of the application
of the rules on Community transit is concluded on behalf of the Community .
 ( 1 ) 0J No L 365 , 31.12.1973 , p. 226
 ( 2 ) 0J No L   58 , 28.2 . 1974 , p . AO       •••/• •
 ---pagebreak---  The text of the Agreement is annexed to this Regulation .
                           Article 2
 The President of the Council shall , by virtue of Article 5 of the Agree­
 ment , notify the completion by the Community^'of the procedures necessary
 for the entry into force of the Agreement .
                           Article 3
This Regulation shall enter into force on the third day following its
publication in the    Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                             For the Council
                                                 The President
( 1 ) The date on which the Agreement enters into force will be published
      in the Official Journal of the European Communities