CELEX: 21994D0115(02)
Language: en
Date: 1993-09-23 00:00:00
Title: Decision No 2/93 of the EEC/EFTA Joint Committee on Common Transit of 23 September 1993 amending Appendix II of the Convention of 20 May 1987 on common transit

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21994D0115(02)

Decision No 2/93 of the EEC/EFTA Joint Committee on Common Transit of 23 September 1993 amending Appendix II of the Convention of 20 May 1987 on common transit  

Official Journal L 012 , 15/01/1994 P. 0033 - 0038

DECISION No 2/93 OF THE EEC/EFTA JOINT COMMITTEE ON COMMON TRANSIT of 23 September 1993  amending Appendix II of the Convention of 20 May 1987 on common transit (94/17/EEC) THE JOINT COMMITTEE, Having regard to the Convention of 20 May 1987 on common transit  (1), and in particular Article 15  (3) (a) thereof, Whereas Appendix II of the Convention contains, inter alia, specific provisions relating to  guarantees; Whereas, in view of recent developments in the transport of certain categories of goods presenting  increased risks, the provisions governing guarantees in the European Economic Community have  recently been amended in order to reinforce their effectiveness; Whereas certain amendments have been made to the provisions concerning the simplified procedure for  air and sea transport; whereas it is appropriate therefore to adapt Appendix II of the Convention, HAS DECIDED AS FOLLOWS: Article 1 Appendix II of the Convention is amended as follows: 1.  In Chapter II 'GUARANTEES` of Title IV 'PROVISIONS APPLYING TO THE T1 AND T2 PROCEDURES`, after  'Section 2 Comprehensive guarantee`, the following text is inserted: 'Use of the comprehensive guarantee Article 34  A When T1 operations comprising goods listed in Annex VIII A to this Appendix and imported into the  countries from third countries, present increased risks of fraud, on request of one or more  Contracting Parties, the use of the comprehensive guarantee may be temporarily forbidden with  regard to such goods by a decision of the Joint Committee. The decision of the Joint Committee to forbid the use of the comprehensive guarantee shall be taken  by means of an accelerated written procedure to be concluded no later than five working days  commencing from the date of receipt by the countries of the draft decision if no objection has been  received from one of the Contracting Parties. The Contracting Parties shall take, from the introduction of the written procedure, the necessary  measures to take account of the subject of the proposed decision. The exclusion of goods from the comprehensive guarantee system shall be limited to a period of six  months unless the Joint Committee decides to extend it. Amount of the guarantee Article 34  B Without prejudice to the provisions of Article 34  A of this Appendix the level of the  comprehensive guarantee shall be determined as follows: 1.  The amount of the guarantee shall be set at least at 30  % of the duties and other charges  payable according to the procedures laid down in paragraph 4 below or on the basis of any other  method of calculation that achieves the same result. 2.  The comprehensive guarantee shall be fixed at a level equal to the full amount of duties and  other charges payable, under the provisions of paragraph 4 below or on the basis of any other  method of calculation that achieves the same result, when it is intended to cover T1 operations  concerning goods: -  imported into the countries, -  listed in Annex VIII A of this Appendix and -  having been the subject of a decision of the Joint Committee adopted by means of an accelerated  written procedure by which the Contracting Parties have agreed that the transit procedure presents  increased risks of fraud. The Contracting Parties shall take, from the introduction of the written procedure, the necessary  measures to take account of the subject of the proposed decision. However, the competent authorities of the countries concerned may set the amount of the guarantee  at 50  % of the duties and other charges payable: for persons: -  who are established in the country where the guarantee is furnished, -  who are regular users of the common transit system, -  whose financial situation is such that they can meet their commitments, and -  who have not committed any serious infringement of customs or tax laws. If this subparagraph is applied, the office of guarantee shall enter in box 7 of the certificate of  guarantee provided for in Article 35 of this Appendix one of the following statements: -  aplicación del párrafo segundo del apartado 2 del artículo 34 ter del apéndice II del Convenio  de 20 de mayo de 1987 -  anvendelse af artikel 34b, stk. 2, andet afsnit af tillaeg II til konventionen af 20. maj 1987 -  Anwendung von Artikel 34b Absatz 2 zweiter Unterabsatz der Anlage II des UEbereinkommens vom 20.  Mai 1987 -  aaoeáñìïãÞ ôïõ UEñèñïõ 34â ðáñUEãñáoeïò 2 aeaaýôaañï aaaeUEoeéï ôïõ ðñïóáñôÞìáôïò ÉÉ ôçò óýìâáóçò ôçò 20Þò  ÌáÀïõ 1987 -  application of the second subparagraph of Article 34B (2) of Appendix II of the Convention of 20  May 1987 -  application de l'article 34 ter paragraphe 2 deuxième alinéa de l'appendice II de la convention  du 20 mai 1987 -  applicazione dell'articolo 34 ter, paragrafo 2, secondo comma dell'appendice II della  Convenzione del 20 maggio 1987 -  toepassing van artikel 34 ter, lid 2, tweede alinea, van aanhangsel II bij de Overeenkomst van  20 mei 1987 -  aplicação do ponto 2, segundo parágrafo, do artigo 34ºB do apêndice II da convenção de 20 de  Maio de 1987 -  20. aeivaenae toukokuuta 1987 tehdyn yleissopimuksen II liiteen 34  b artiklan 2 kohdan toista  alakohtaa sovellettu -  Beiting b-liðar 2. mgr. 2. toelul. 34. gr. II viðbaetis við samninginn frá 20. maí 1987 -  anvendelse av Artikkel 34 b, paragraf 2, andre avsnitt av vedlegg II til konvensjonen av 20. mai  1987 -  tillaempning av artikel 34 b, punkten 2, andra stycket, i bilaga II til konventionen av 20. mai  1987. 3.  Where the common transit declaration includes other goods besides those covered by paragraph 2  of this Article the provisions relating to the amount of the comprehensive guarantee shall be  applied as if the two categories of goods were covered by separate declarations. However, account shall not be taken of the presence of goods of either category if the quantity or  value thereof is relatively insignificant. 4.  In order to apply this Article the office of guarantee shall make an evaluation over a period  of one week of: -  consignments made, -  the duties and other charges payable taking account of the highest level of taxation applicable  in one of the countries concerned. This evaluation shall be made on the basis of the commercial and accounting documentation of the  person concerned in respect of goods transported during the past year, the amount obtained then  being divided by 52. In the case of new operators the office of guarantee shall in collaboration with the person  concerned estimate the quantity, value and taxes applicable to the goods being transported over a  given period based on data already available. The office of guarantee shall by extrapolation  determine the likely value of and taxes on the goods to be transported during a period of one  week. Where the principal uses the comprehensive guarantee for the goods covered by Annex VIII A, the  office of guarantee shall carry out an annual review of the amount of the comprehensive guarantee,  in particular on the basis of information from the offices of departure, and shall if appropriate  adjust the amount.` 2.  Article 41 (2) is replaced by the following text: '2.  Where, owing to circumstances peculiar to it, a transport operation involves increased risks  and the guarantee of ECU 7  000 is therefore insufficient, the office of departure shall ask for a  guarantee of a greater amount in multiples of ECU 7  000 in order to guarantee the duties relating  to the total quantity of goods to be dispatched.` 3.  After Article 45 a new section 4 is inserted as follows: 'Section 4 Individual guarantee AMOUNT OF THE GUARANTEE Article 45  A The amount of the individual guarantee intended to cover T1 operations concerning goods excluded  from the comprehensive guarantee pursuant to the provisions of Article 34  A and listed in Annex  VIII of this Appendix shall be calculated on the basis of Annex VIII.` 4.  In Article 52 (11) (a) third subparagraph, Article 56 (2) second subparagraph and Article 56  (11) (a) third subparagraph, the term 'within two months` shall be replaced by the term 'within 60  days`. Article 2 Annex VIII of Appendix II of the Convention is replaced by the text of Annex I of this  Decision. Annex VIII A conforming to the text of Annex II of this Decision, shall be added to Appendix II of  the Convention. Article 3 This Decision shall enter into force on 1 January 1984. Done at Oslo, 23 September 1993. For the Joint Committee The chairman Jan SOLBERG  ANNEX I 'ANNEX VIII LIST OF GOODS WHICH WHEN TRANSPORTED GIVE RISE TO AN INCREASE IN THE FLAT RATE GUARANTEE >TABLE>   ANNEX II 'ANNEX VIII  A LIST OF GOODS FOR WHICH THE USE OF THE COMPREHENSIVE GUARANTEE MAY BE TEMPORARILY FORBIDDEN OR GIVE  RISE TO AN INCREASE IN THE AMOUNT OF THE GUARANTEE >TABLE>