CELEX: 52011SC1363
Language: en
Date: 2011-11-17
Title: Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committeeconcerning the setting up of a Joint Working Group to monitor the implementation of Chapter IIa of Protocol 10 to the EEA Agreement on simplification of inspections and formalities in respect of carriage of goods and defining its rules of procedure.

EUROPEAN COMMISSION
                                                  Brussels, 17.11.2011
                                                  SEC(2011) 1363 final
                                                  2011/0338 (NLE)
                                     Proposal for a
                                COUNCIL DECISION
   on the position to be taken by the European Union in the EEA Joint Committee
concerning the setting up of a Joint Working Group to monitor the implementation of
Chapter IIa of Protocol 10 to the EEA Agreement on simplification of inspections and
    formalities in respect of carriage of goods and defining its rules of procedure.
 ---pagebreak---                            EXPLANATORY MEMORANDUM
   1. CONTEXT OF THE PROPOSAL
      In order to ensure the requisite legal security and homogeneity of the Internal
      Market, the EEA Joint Committee is to integrate all the relevant Community
      legislation into the EEA Agreement as soon as possible after its adoption.
   2. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND
      IMPACT ASSESSMENTS
      The draft Decision of the EEA Joint Committee (annexed to the proposed Council
      Decision) aims to set up a Joint Working Group to monitor the implementation of
      Chapter IIa of Protocol 10 to the EEA Agreement on simplification of inspections
      and formalities in respect of carriage of goods and defining its rules of procedure.
   3. LEGAL ELEMENTS OF THE PROPOSAL
      Article 1(3) of Council Regulation (EC) No 2894/94 concerning arrangements for
      implementing the EEA Agreement provides that the Council establishes the position
      to be adopted on the Union’s behalf on such Decisions, on a proposal from the
      Commission.
      The Commission submits the Draft Decision of the EEA Joint Committee for
      adoption by the Council as the Union’s position. The Commission would hope to be
      able to present it in the EEA Joint Committee at the earliest possible opportunity.
EN                                           2                                             EN
 ---pagebreak---                                                           2011/0338 (NLE)
                                             Proposal for a
                                        COUNCIL DECISION
        on the position to be taken by the European Union in the EEA Joint Committee
     concerning the setting up of a Joint Working Group to monitor the implementation of
     Chapter IIa of Protocol 10 to the EEA Agreement on simplification of inspections and
         formalities in respect of carriage of goods and defining its rules of procedure.
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular
   Articles 114, 207(2) and 218 (9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning
   arrangements for implementing the Agreement on the European Economic Area1, and in
   particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:
   (1)     Protocol 10 to the Agreement was amended by Decision of the EEA Joint Committee
           No 76/2009 of 30 June 20092, with a view to inserting a new Chapter IIa on customs
           security measures.
   (2)     Article 9b of Protocol 10 provides that, in bilateral trade between the Contracting
           Parties, the application of customs security measures shall be waived, provided that
           there is an equivalent level of customs security on their respective territories.
   (3)     Article 9f of Protocol 10 provides that the EEA Joint Committee shall define the rules
           allowing the Contracting Parties to ensure the monitoring of the implementation of
           Chapter IIa of Protocol 10 and to verify whether the provisions of Chapter IIa and
           Annexes I and II of Protocol 10 are complied with,
   HAS ADOPTED THIS DECISION:
                                                Article 1
   The position to be taken by the Union in the EEA Joint Committee on the proposed
   establishment of a Joint Working Group to monitor the implementation of Chapter IIa of
   1
           OJ L 305, 30.11.1994, p. 6.
   2
           OJ L 232, 3.9.2009, p. 40.
EN                                                  3                                             EN
 ---pagebreak---    Protocol 10 to the EEA Agreement on simplification of inspections and formalities in respect
   of carriage of goods and defining its rules of procedure shall be based on the draft Decision of
   the EEA Joint Committee attached to this Decision.
                                               Article 2
   This Decision shall enter into force on the day of its adoption.
   Done at …,
                                                 For the Council
                                                 The President
EN                                                 4                                                EN
 ---pagebreak---                                                 ANNEX
                                                 Draft
                          DECISION OF THE EEA JOINT COMMITTEE
                                                  No
     setting up of a Joint Working Group to monitor the implementation of Chapter IIa of
      Protocol 10 to the EEA Agreement on simplification of inspections and formalities in
                  respect of carriage of goods and defining its rules of procedure
   THE EEA JOINT COMMITTEE,
   Having regard to the Agreement on the European Economic Area, as amended by the Protocol
   adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the
   Agreement’, and in particular Articles 92 and 94(3) thereof, and Article 9f(1) of Protocol 10
   to the Agreement,
   Whereas:
   (1)      Protocol 10 to the Agreement was amended by Decision of the EEA Joint Committee
            No 76/2009 of 30 June 20093, with a view to inserting a new Chapter IIa on customs
            security measures.
   (2)      Article 9b of Protocol 10 provides that, in bilateral trade between the Contracting
            Parties, the application of customs security measures shall be waived, provided that
            there is an equivalent level of customs security on their respective territories.
   (3)      Article 9f of Protocol 10 provides that the EEA Joint Committee shall define the
            rules allowing the Contracting Parties to ensure the monitoring of the implementation
            of Chapter IIa of Protocol 10 and to verify whether the provisions of Chapter IIa and
            Annexes I and II of Protocol 10 are complied with,
   HAS ADOPTED THIS DECISION:
                                                Article 1
   1.       A Joint Working Group on Customs Security Measures, hereinafter referred to as the
            Working Group, is hereby established in order to ensure the monitoring of the
            implementation of the customs security provisions in Chapter IIa of Protocol 10 to
            the EEA Agreement and to verify whether the provisions of Chapter IIa and Annexes
            I and II of that Protocol are complied with.
   2.       The Working Group shall operate in accordance with the rules of procedure specified
            in the Annex to this Decision.
   3
           OJ L 232, 3.9.2009, p. 40.
EN                                                  5                                             EN
 ---pagebreak---    3.        The Working Group shall report to Joint Subcommittee I on the free movement of
             goods, as referred to in Article 15(1)(a) of the Rules of Procedure of the EEA Joint
             Committee4.
                                                     Article 2
   This Decision shall enter into force on , provided that all the notifications under Article
   103(1) of the Agreement have been made to the EEA Joint Committee∗.
                                                     Article 3
   This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the
   Official Journal of the European Union.
   Done at Brussels, .
           For the EEA Joint Committee
           The President
           The Secretaries
           to the EEA Joint Committee
   4
           Decision of the EEA Joint Committee No 1/94 of 8 February 1994 adopting the Rules of Procedure of
           the EEA Joint Committee, OJ L 85, 30.3.1994, p. 60.
   ∗
           [No constitutional requirements indicated.] [Constitutional requirements indicated.]
EN                                                        6                                                  EN
 ---pagebreak---                                                ANNEX
                          to Decision of the EEA Joint Committee No…
         RULES OF PROCEDURE OF THE JOINT WORKING GROUP ON CUSTOMS
                                       SECURITY MEASURES
                                               Article 1
                                             Composition
   The Working Group shall be composed of representatives of the European Union,
   representatives of the EFTA States and, where necessary, experts from the customs
   administrations of the Member States of the European Union.
                                               Article 2
                                                Tasks
   1.       The Working Group shall evaluate the equivalency of customs security measures
            defined in the legislation of the Contracting Parties. In particular, it shall monitor the
            implementation of the legislation concerning pre-arrival and pre-departure
            information, security related customs controls and risk management and the
            legislation concerning authorised economic operators. It shall also exchange
            information on amendments to the legislation concerned.
   2.       The Working Group shall discuss the necessary technical amendments to Chapter IIa
            of Protocol 10.
   3.       Upon a request of one of the Contracting Parties, the Working Group shall organise a
            meeting of a group of experts to discuss a specific issue. The Working Group shall
            also review administrative procedures of the Contracting Parties. In order to carry out
            such a review, the Working Group may agree to organise on-the spot visits.
   4.       Upon a request of one of the Contracting Parties, the Working Group shall examine
            any issue which it considers relevant for the implementation of the customs security
            measures defined in Chapter IIa of Protocol 10.
                                               Article 3
                                            Chairmanship
   The meetings of the Working Group shall be chaired alternately every six months by a
   representative of the European Union and by a representative of one of the EFTA States to
   which Chapter IIa of Protocol 10 applies.
EN                                                 7                                                   EN
 ---pagebreak---                                                   Article 4
                                                 Meetings
   1.       The Working Group shall meet on a regular basis and at least once a year.
   2.       The meetings shall take place in Brussels or in any other place decided by the Chair
            of the Working Group.
   3.       The Chair shall convene the meetings of the Working Group. Invitations to the
            meeting shall be sent to the participants referred to in Article 1 at least 10 working
            days before the meeting. In urgent matters, invitations may be sent out at a shorter
            notice.
   4.       The working language of the Working Group shall be English.
   5.       The meetings shall not be public unless otherwise agreed.
                                                  Article 5
                                                  Agenda
   1.       The Chair shall draw up the provisional agenda for each meeting. The provisional
            agenda shall be sent to the participants referred to in Article 1 at least 10 working
            days before the meeting.
   2.       The Contracting Parties may request the inclusion of an agenda item either in writing
            to the Chair or prior to the adoption of the agenda on the day of the meeting.
                                                  Article 6
                                                  Minutes
   1.       Minutes from each meeting of the Working Group shall be drawn up under the
            responsibility of the Chair. The minutes shall indicate, with respect to each agenda
            item, the recommendations and/or the conclusions of the Working Group.
   2.       The draft minutes shall be exchanged between the Contracting Parties and agreed
            within 20 working days of the meeting.
                                                  Article 7
                                                 Expenses
   The representatives of the Contracting Parties and the experts from the customs
   administrations of the Member States of the European Union shall cover all expenses they
   incur as a result of their participation in the meetings of the Working Group.
EN                                                    8                                            EN