CELEX: 51980PC0309
Language: en
Date: 1980-06-05 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION ON THE NEGOTIATION OF AGREEMENTS ON THREE DRAFT ANNEXES TO THE INTERNATIONAL CONVENTION ON THE SIMPLIFICATION AND HARMONISATION OF CUSTOMS PROCEDURES CONCERNING RESPECTIVELY THE CUSTOMS TREATMENT OF STORES, CUSTOMS OFFENCES AND COASTWISE CARRIAGE OF GOODS (presented by the Commission to the Council)

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Vol. 1980/0110
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(80 ) 309 final
                                                       Brussels - 5th June 1980
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                     RECOMMENDATION FOR A COUNCIL DECISION
        ON THE NEGOTIATION OF AGREEMENTS ON THREE DRAFT ANNEXES TO
           THE INTERNATIONAL CONVENTION ON THE SIMPLIFICATION AND
        HARMONISATION OF CUSTOMS PROCEDURES CONCERNING RESPECTIVELY
                   THE CUSTOMS TREATMENT OF STORES , CUSTOMS
                   OFFENCES AND COASTWISE CARRIAGE OF GOODS
                 ( presented by the Commission to the Council )
 COM ( 80 ) 309 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
1 . The International Convention on the simplification and harmoni sation
    of customs procedures was signed in Kyoto on 18 May 1973 (Kyoto Con­
    vention ). The Convention , drawn up under the auspices of the Customs
    Cooperation Counicl ( CCC ), entered into force on 25 September 1974 . In
    the preamble , the Contracting Parties , having noted that "divergences
    between national customs procedures can hamper international trade and
    other international exchanges ", considered that " it is in the interests
    of all countries to promote such trade and exchanges and to foster
    international cooperation " and that " simplification and harmoni sation of
    their customs procedures can effectively contribute to the development
    of international trade and of other international exchanges ". They
    stated their conviction that " an international instrument proposing
    provisions which countries undertake to apply as soon as they are able
    to do so would lead progressively to a higtr degree of simplification and
    harmoni sation of customs procedures , which , is one of the essential aims
    of the Customs Cooperation Council ".
    The Convention 's objectives are to be attained by the conclusion of annexes
    to the Convention . Each Contracting Party undertakes to comply with the
    standards and recommended practices contained in an annex unless it
    notifies the General Secratariat of the CCC , either when it accepts the
    annex or at a later date , of the standard(s ) and recommended practice(s )
    in respect of which it enters reservations , stating the differences
    existing between the provisions of its national legislation and those
    of the standard(s ) and recommended practice(s ) concerned .
    The annexes to the Kyoto Convention on various customs procedures are
    drawn up in the working party of the CCC 's Permanent Technical Committee   '
    and are then submitted by that Committee to the Customs Cooperation Coun­
    cil for approval . The Council approves them and submits them to Contrac­
    ting Parties to the Convention for acceptance .
    Each annex is to be regarded as a separate international agreement in the
    general framework of the Kyoto Convention .
 ---pagebreak--- . In accordance with certain decisions of the Council of Ministers of the
    EEC , the Community has negotiated the Kyoto Convention and the . annexes
   already adopted by the CCC . It has become a Contracting Party to the
   Convention together with the Member States and many other countries .
   There are currently 31 Contracting Parties . When it acceded to the Con­
   vention , the Community accepted one annex ; since then , it has accepted
   nine others .                                                  >
» At its 107 / 108th sessions held from 12 to 16 May 1980, the Permanent
   Technical Committee decided to submit the four following annexes to the
   CCC Council for examination and approval :
                                  m
   a ) Customs treatment of stores ( A.4 )
   b ) Customs offences ( H.2 )
   c ) Coastwise carriage of goods ( F.7 )
  d ) Processing of goods for home use ( F.2 )
  With regard to the annex on processing of goods for home use ( F.2 ), the
  Commission was authorised to conduct negotiations by the Council 's
  decision of 13 January 1975 .                       - . ■ ,
  The annex on the customs treatment of stores provides for the importation
  arid supply of such goods free of duties and taxes . It concerns vessels ,
  aircraft and trains arriving in the customs territory and vessels anti­
  aircraft leaving for a final destination abroad .
  The annex on customs offences (H.2 ) deals with the conditions under which
  the customs authorities inquire into and take note of customs offences .
  Action against such offences, by the imposition of appropriate penalties ,
  is also covered, but only in so far as it falls within the powers of the
  customs authorities . The annex deals neither with procedures to be
  followed nor with the various measures which the customs authorities
  could take for the recovery of fines or the execution of judgments or
 penalties pronounced by the courts .
 ---pagebreak--- ,. The annex on coastwise carriage of goods ( F.7 ) Lays down provisions for
   goods Loaded on to a vessel at one pLace in the customs territory and
   transported on board that vesseL to another pLace in the same customs
   territory whether or not they Leave the territory . According to the
   CCC 's definitions ,, the provisions appLy to goods in free circuLation or
   goods coming from abroad for which a customs declaration has not been
   entered .
  The decision authorising the Commission to negotiate the three annexes
  in question is to be adopted very shortLy by virtue of the commencement
  date of the negotiation session . Accordingly, the Commission , concerned
  to ensure operational efficiency and guided by previous Council practice
  on negotiations for annexes to the Kyoto Convention already approved by
  the CCC , recommends that the Council adopt the decision for the new
  annexes on the generic basis of the Treaty, without prejudice to the legal
  basis of any future Community acceptance of these' annexes .
  Consequently, the Commission recommends that the Council authorise it
  to negotiate three draft annexes to the Kyoto Convention concerning
  respectively the customs treatment of stores (annex A. 4 ), customs
  offences ( annex H.2 ) and coastwise carriage of goods ( annex F.7 ). To
  this end , a draft decision is appended hereto .
 ---pagebreak---                         RECOMMENDATION FOR A
                             COUNCIL DECISION
                   on the negotiation of agreements on three
                   draft annexes to the International Conven­
                   tion on the simplification and harmoni­
                   sation of customs procedures concerning ,
                   respectively the customs treatment of
                   stores , customs offences and coastwise
                   carriage of goods
THE COUNCIL OF THE EUROPEAN COMMUNITIES-
        l                  -
Having regard to the Treaty establishing the European Economic Community ,
Having regard to the recommendation from the 1 Commission ,
Whereas the conclusion of agreements on the draft annexes to the
International Convention on the simplification and harmonisation of
customs procedures concerning respectively the customs treatment of
stores , customs offences and coastwise carriage of goods is likely to
contribute effectively to the development of international trade,
                                                        /
Whereas the said agreements have a direct bearing on the collection
on a uniform basis of common customs tariff duties , agricultural levies
and other charges in the context of the common agricultural policy ;
whereas they must take account of the specific requirements of the
customs union; whereas the Community should therefore take part in
the negotiation of these agreements ;
HAS DECIDED AS FOLLOWS :
 ---pagebreak---                             Sole Article
The Commission is hereby authorised to conduct the negociation in the
Customs Cooperation Council of agreements on three annexes to the
International Convention for the simplification and harmoni sation of
customs procedures concerning respectively the customs treatment of
stores , customs offences and coastwise carriage of goods . These
negotiations shall be conducted in accordance with the procedure laid
down in the Annex to this Decision .
          t                          Done at Brussels,              .
                      v              For the Council
                                     The Président
 ---pagebreak---                                                          Annex
                    Ad hoc procedure for the negotiations
Without prejudice to their respective Legal positions , the Commission
and the Member States* have agreed on the following procedure :
1 . Problems arising at the negotiation of customs conventions will be
    examined at coordination meetings chaired by a representative of the
    Member State holding the "presidency of the Council ( assisted by re­
    presentatives of the General Secretariat and bringing together re­
    presentatives from the Member States and from the Commission     These
    meetings wi LI deal with any matter relating to customs conventions /
    with the exception of questions of competence . They will aim at
    reaching a common position in line with the objectives and policies
    of the Community . Any major disagreement should be notified to the
    Permanent Representatives Committee and, if necessary, to the Council .
2 . The common position will be stated by a single spokesman , who
  . will normally be the Commission 's representative , except where
    the nature of the matters dealt with is such that the Commission 's
    representatives and the representatives of the Member States would
    arrive at different conclusions . The designation of a single
    spokesman does not prevent the Member States' representatives from
    making individual statements , provided that they pay due regard to
    the common line adopted on substantive and procedural questions .
3 . If a vote is taken , the Member States' representatives will vote in
    accordance with the overall package of common guidelines adopted .