CELEX: 51980PC0141
Language: en
Date: 1980-03-27
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) relating to the conclusion of the Agreement in the form of an exchange of letters on the amendment of the Agreement between the European Economic Community and the Republic of Austria on the application of the rules on Community transit and to the implementation of Decision No 3/79 of the Joint Committee set up under that Agreement#PROPOSAL FOR A COUNCIL REGULATION (EEC) relating to the conclusion of the Agreement in the form of an exchange of letters on the amendment of the Agreement between the European Economic Community and the Swiss Confederation on the application of the rules on Community transit and to the implementation of Decision No 3/79 of the Joint Committee set up under that Agreement (presented by the Commission to the Council)

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DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 141
Vol. 1980/0046
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(80)141 final
                                                       Brussels / 27th March 1980
                         PROPOSAL FOR A COUNCIL REGULATION ( EEC )
                                           relating
           to the conclusion of the Agreement in the form of an exchange
              of letters on the amendment of the Agreement between the
              European Economic Community and the Republic of Austria
            on the application of the rules on Community transit and to
                       the implementation of Decision No 3 / 79 of
                   the Joint Committee set up under that Agreement
                        PROPOSAL FOR A COUNCIL REGULATION ( EEC )
                                           relating
           to the conclusion of the Agreement in the form of an exchange
              of letters on the amendment of the Agreement between the
              European Economic Community and the Swiss Confederation
            on the application of the rules on Community transit and to
                       the implementation of Decision No 3 / 79 of
                   the Joint Committee set up under that Agreement
                     ( presented by the,, Commission to the Council )
                       /v " - f\ £  a.
                     hy       £ «;       r      fc -;
                              Ζ /]■    Γ
COM ( SO ) 141  final
                                                                                  I
                                                                                  J
 ---pagebreak---                                Explanatory Memorandum
Subject : Application , in the Community , of Recommendation No 1 / 79
            Decision No 3/79 of the EEC–Austria       Joint Committee –
            Community Transit amending the Agreement on the application
            of the rules on Community transit
1 . The EEC– Austria      Joint Committee – Community Transit – has adopted
     - Recommendation No l/79 on the amendment of the Agreement referred
        to above ( 1 ) ,
     – Decision No 3/ 79 on "the amendment of Appendices I , II and III of the .
        Agreement .
     These two measures are intended to make the necessary amendments to
     the Agreement and its Appendices arising from the introduction into the
     Community rules relating to transit of the European unit of account .
2 . The draft Recommendation and Decision have already been examined by the
     Council with a view to establishing a joint position of the Community
     ( cf. doc 9247/79 AELE A 23 TRANS 114 and doc .- 9246/79 AELE A 22
     TRANS 113 )
     There has been no significant change made in comparison with the texts
     submitted to the' Council at that time .
                                                                        • /
3 . The Regulation , whose adoption by the Council is proposed is intended
     to make the amendments of the Agreement by the above     measures of the
     Joint Committee applicable in the Community .
( 1 ) OJ No L 294 , 29.12.1972 , p. 86 .
 ---pagebreak---                                   Proposal for a
                     Council Regulation ( EEC )
                                   relating
            to the conclusion of the Agreement in the form of an
            exchange of letters on the amendment of the Agreement
               between the European Economic Community and the
             Republic of Austria on the application of the rules
              on Community transit and to "the implementation of
            Decision No 3/79 of "the Joint Committee set up under
                                 that Agreement
THE COUNCIL OP 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 the Agreement in the form of an exchange of letters on the amendment
of the Agreement between the European Economic Community and the Republic of
Austria on the application of the rules on Community transit ( l ), signed on 30
November 1972^should be concluded ; whereas the proposed amendment is the
subject of Recommendation l/79 of "the Joint Committee set up under that Agreement;
Whereas that Recommendation provides for the rules regarding the unit of account
which are at present in force to be applicable to all Community transit ope­
rations for which the declaration is registered before 1 July I98O ; whereas it
is necessary to take the measures that the application in the Community of
this provision requires ;
Whereas it should be stipulated that Decision No 3/79 of the Joint Committee
takes effect at the same time as the Agreement to be concluded ,
( l ) OJ No L 294 , 29.i2.i972 , p. 1 .
 ---pagebreak--- - HAS ADOPTED THIS REGULATION :
                                    Article 1                    '
  The Agreement In the form of an exchange of letters on the amendment of the
  Agreement between the European Economic Community and the Republic of
  Austria on the application of the rules on Community transit is hereby
  approved on behalf of the Community . " _         .
  The text of the Agreement is set out in Annex 1 .
                                  ■  Article 2
  The President of the Council is hereby authorized to designate the person        '
  empowered to sign the Agreement in order to bind the Community .
                                     Article 3
  Decision No . 3/79 of the EEC-Austria Joint Committee – Community transit –
  of 9 November 1979 amending Appendices I , II and III of the Agreement
  shall take effect in the Community at the same time as the Agreement, re­
  ferred to in Article 1 .
  The text of the Decision is set out in Annex 2 .
                                     Article 4   i
  The provisions regarding the unit of account in the version as at present contained
  in the Agreement between the European Economic Community and the Republic
 of Austria on the application of the rules on Community transit shall                .
   apply to all Community transit operations for which the declaration is
 registered before 1 July 1980.                    '                           ,
                                              Ν
 ---pagebreak---                                   - 3 -
                                Article 5
This Regulation shall enter into force on the 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
 ---pagebreak---                                    - 4 -
                                   ANNEX 1
                          *  ' ■  AGREEMENT
                    in th« form ef an          . df lettarn
                  on the amendment of the Agreement between
                   the European Economic Community and the
               Republic of Austria on the application of the
                         rules on Community transit
                                              Brussels , ...
Your Excellency ,
The EEC–Austria       Joint Committee – Community transit – has proposed ,
in its Recommendation l/79 of 9 November 1979 > certain amendments to the
Agreement between the European Economic Community and the Republic of
Austria on the application of the rules on Community transit . The proposed
amendments are annexed hereto .
I have the honour to inform you'that the Community is in agreement with
these amendments and I would propose that they enter into force on 1 July
1980. I should be grateful if you would, confirm the agreement of the
Republic of Austria to these amendments and to the date for their " entry
into force .                       >
Please accept , Your Excellency , the assurance of my highest consideration.
                                                                  .*
                                                  For the Council
                                         of the European Communities
 ---pagebreak---                                     - 5 -
                                                Brussels , ...
Sir-
I have the honour to acknowledge receipt of your letter of today worded
as follows :
     "The EEC-Austria      Joint Committee – Community transit - has proposed ,
     in its Recommendation l/79 of 9 November 1979 » certain amendments to
     the Agreement between the European Economic Community and the Republic
     of Austria on the application of the rules on Community transit . The
     proposed amendments are annexed hereto .
     I have the honour to inform you that the Community is in agreement
     with these amendments and I would propose that they enter into force
     on 1 July 1980 . I should he grateful if you would confirm the agreement
     of the Republic of Austria to these amendments and to the date for their
     entry into force ."
I have the honour to confirm the agreement of the Republic of Austria to
the contents of your letter and to the date proposed for the entry into
force of the amendments .
Please accept , Sir , the assurance of my highest consideration .
                                          Por the Republic of Austria
 ---pagebreak---       Prof - rj.1 for the artendnent . of the Agrees;© r.fc
         between the European Economic Community
 and the hepublic of Austria on the application of the
                 rules on Corrjnunity transit
Article 13 <?f the Agreement shall be replaced by the following :
                           " Article 13
1.       The provisior s set out in square brackets in                     ,
   Appendices 1 aid II and listed below shall not apply :
   Appendix I      : Artide 1(1 ); Article 2(2 ), second
                      subparagraph ; Articles 3 » ** > ar.d 10 ; Article- J2-<
                      last sentence ; Article 15 ; Article 22(1 )
                     ■last sentence ; Article 26(2 ); Article 29 ;
                      Article 30(3 ); Article 32(1 > second sub­
                     paragraph and ( 3 ); Article 35(1 ) last . •
                      sentence ; Article " 1 ; Article 4U(i ), ar.d ( 2 );
                      Article ^5 ( 2 )^; Article 17 ; Article >* 8(2 ); '
                      Articles 50 to 53 ar.u 55 to 61 ;
   Apper.cix II : Article 1(3 )» 1(6 ) fir3t sentence L .-. U 1(9 );
                      Article 2(11 ) ; Article 4 . Article , 7 ( 3 ) ;
           -          Articles 10 to 1U ; Article 15(2 ); Article 2l \
                      Article 2^(5 ) seccnd subparagraph last
                      sentence ; Articles 27 to 3 ^; Article 35(a );
                      Article ^ 2(2 ) and ( 1 ); Article 50(a );
                      Artide 51 * Article 51 second paragraph ;
                      Articles 6o(l ) and 71 .
 ---pagebreak---        , Ho w i. r, "    [ : 'ov i ions of Articles « , 15 , « 1 ,                 and
C' ) , ''7 , ¥>' t -. >J «-r              ix I and of Articles ?*<(:,) r.econi
subparagraph lust convince , 27 to                 , } '3(a ), 42 <2 ) ar.d ( <i ) , 'jO(a
51 » 5 ^ second paragraph , 63(1 ) and 7 ^ of Appendix II shall
continue to apply in the Ker.ber States ..                                             fc
         Where reference is rr.^dti in the Appendices to this Agreement
to the previsions of the Treaty establishing the European
Economic Co~:r.unity or the Treaty establishing the European
Coal ar.d Steel Community , such reference shall relate only to
the custor.s status of the coeds within tne Conur;unity .
          In the application of the provisions of this Agreement ,
the " European unit of account ( EUA )" r.eans the total of the
following amounts :                                             -
   0.623                         German Ear It
   O.OsbS                        Pour.d Sterling                                      -
   1.15                          French Frar.c
10 9                             Italian lire
   O.iit                         Dutch Florin
       to              4
                                 Belgian Francs
                                     ^
   0.1 ^                         Luxer, bourg Franc
   0 • <> i 7                    Du*i i 3 a urc wn       '
   0 . 00759                     Irish Pound .                         ,
         The value cf the European ur.it of account in a given
currency shall be equal to the sun of the exchange values in
that currency of the amounts set out in the previous sufcparag :
                 V
 ---pagebreak---      Point ( c ) of Article 16(3 ) of the Agreement shall be
replaced by the following :
     "( c ) amendments to this Agreement having a direct
            relationship with the accession to the European _
            Communities of new Member States ;". -
     The following point ( d ) shall be added to Article 16(3 ):
     "( d ) amendments to the definition of the European unit
            of account referred to in Article 13(3 ) of this
            Agreement made necessary by amendments to the
            Community rules relating thereto .".
     Appendix I of the Agreement is hereby amended as follows
the square brackets around Article 8 shall be deleted .
 ---pagebreak---                              DECISION No 3 / 79
                    OF THE EEC-AUSTRIA JOINT COMMITTEE
                           - Community transit -
                             OF 9 NOVKRPER 1979
               on the amendment of Appendices I , II and III
          to the Agreement between the European Economic Community
                        and the Republic of Austria
                      on the application of the rules
                           on Community transit
THE JOINT COMMITTEE ,
Having regard to the Agreement between the European Economic
Community 'and the Republic' of Austria on the application of the
rules on Community transit , and in particular Article l6(3)(a )
thereof .
Whereas the rules on Community transit have been changed to apply ,
from 1 July 1980 , the European unit of account to the flat-rate
guarantee system ; whereas the aforementioned Agreement and its
Appendices should therefore be amended accordingly :
 ---pagebreak---                                              2
Whereas the amendments to the Agreement are the subject of
Recommendation No 1 / 79 which the Joint Committee has addressed to
the Contracting Parties ; :
                        '          '                                         *
V.'hereas the amendments to the Appendices laid down in "this Decision
are directly connected with the amendments to the Agreement proposed           '
in the said Recommendation ; whereas it therefore seems advisable
for the amendments to the Appendices to take effect at the same
time as the amendments to the Agreement itself ,                           ,
HAS DECIDED AS FOLLOWS : '       ;                                  ,  ' '
          \           .  .     -     .     •            ,  ,
                                        Article 1 '
         Appendix I to the Agreement between the European Economic
Community and the Republic of Austria on the - application of the
rules on Community transit is hereby amended as follows : . -
 ( a ) Article 32 is amended to read as follows :      i     ,
                                       " Article 32
          1.       Each Member State may accept that the natural or
       , ' .  legal third person standing as guarantor under the
              conditions laid down in Articles 27 and 28 guarantees ,
              by a single guarantee and for a flat-rate amount, of
              7,000 Eurojpean units of account in respect of each
              declaration,' payment of duties and other charges which
              may become chargeable in the course of a Community
            ; transit operation carried out under his responsibility ,
              whoever the principal may be . If carriage of the goods
              presents increased rir.ks , having regard in particular
              to the amount of duties and other charges to "which they
              are liable in one or more Member States , the flat-rate
              amount shall be fixed by the office of departure at a
              higher level .
                                                               • é •/•
 ---pagebreak---           / The guarantee referred* to in the first subparagraph
          shall conform to Specimen III in the Annex . 1
       2.         The exchange values in national currencies of the
          European unit of account to be applied to the provisions
          for Community transit shall be calculated bnce a year .
     / 3.         The following shall be determined under the procedure
          laid down in Article 57 :
          ( a ) movements of goods which may give rise to an increase
                 in the flat-rate amount , and the conditions under
                 which such an increase shall apply ;
           ( b ) the conditions under which the guarantee referred to
                 in paragraph 1 shall apply to any particular Community
                 transit operation ;
           ( c ) the detailed rules for applying the exchange values in
                 national currencies of the European unit of account . _7
( b ) Article 49 is amended to read as follows :
                                     " Article 49
       1.         The Community transit procedure shall not be com­
           pulsory for the carriage of goods accompanying travellers
           or contained in their luggage , if the goods concerned
           are not intended for commercial use .
 ---pagebreak---       , 2.           The provisions of the Treaty establishing the European
            Economic Community which relate to the free movement of
            goods shall apply to goods which , by virtue of paragraph 1 ,
            are not carried under the Community transit procedure :
                        v                         ,
            ( a ) if they are declared as Community goods and there is
                  no doubt as to the accuracy of that declaration ;
            ( b ) in other cases , if an internal Community transit
                  document issued to - establish the Community status of
                  the goods .is produced ."    *      .
                                       Article 2
        Appendix II , to the Agreement is hereby amended as follows :
( a ) In Articles 23(2 ) and 24(1 ), ( 2 ), ( 3 ) and ( 4 ) the words " 7 , COO
       European units of account " shall be substituted for the word s
       " 5,000 units of account".'
( b ) The following paragraph 5 shall be added to Article 24 of the
     * Appendix : " .
                             «*
                "5 .       The exchange value in a national currency of
                      the amounts expressed in Europeati units of account
                      referred to in this Regulation shall be calculated
                      by using the exchange rate in force on the first
                      working day of the month of October and shall be
                      applied from 1 January of the following year .
 ---pagebreak---                       If a rate is not available for a particular
               national currency , the rate to be applied for that
               currency shall be that obtaining on the last day
               for which a rate was published . / ~For the appli­
               cation of this provision , the rates published in
               the Official Journal of the European Communities
               are to be used ._/
                    • The exchange value of the European unit of
               account to.be used in applying the first subpara­
               graph shrill be that which was applicable on the
               date on which the Community transit declaration
               covered -by the flat-rate guarantee voucher or
               vouchers was registered ."
          \*                 '
( c ) Annex X shall be replaced by Annex A to this Decision .
          s
        I                                       '
( d ) Annex XIII shall be replaced by Annex B to this Decision .
                                                  \        ' ■
                                 I
                                   Article 3
                                   ––––
       Specimen III of Appendix III to the Agreement shall be replaced
by the specimen in Annex C to this Decision .
                                   Article 4
       This Decision shall enter into force on the same date as the
amendments to the Agreement which are . the subject of
Recommendation No 1 / 79 of 9 November 1979
                           t
                               t      Done at Brussels , yNoveivher 1979
                                      For the Joint Committee
                                            The Chairman
                                            Dr. Paul Steigcr
 ---pagebreak---                                                      ANSTX A
                                                      AN\W < '
                                                                                                                    ( recto)
COMMUN1TY                                                                                               A 000 000
     TRANSIT
                                     FLAT-RATE GUARANTEE VOUCHER
Issued by .
                                         ( Name and iddrni of individual or 6rmf
( Undertaking of the guarantor accepted on
by the office of guarantee of                                                                                   ).
This voucher is valid for an amount of .up to 7 000 European units of account for one Community
transit operation beginning not later than                                                           .•
and in respect of which the principal is
                                         (Name and addreaa of individual Of firm )                                '
              (Signature oi principal (*))                                   (Signature IN stamp of guauntor ).
 (*) Signature optional.
                                                                                                                     (verso)
                                     To be completed by office of departure
Community transit operation effected under document T 1 /T 2
registered on                        .                          under No                                    by the
 office at
                   ( Official stamp)                                                   ' (Signature)
 ---pagebreak---                                        ANXF.X li
                                        AWnfX XIII
LIST OF GOODS WHICH WHEN TRANSPORTED GIVE RISE TO AN INCREASE IN
                         THE FL AT-RATE GUARANTEE
          I                                 2           | -          3
                                                        I Qu3nfi(> iorrr*pcn<Ji»jt
   CCT hrading No                      Οκηρ<κΜ         ΙI       to **!«• *l»1> lllll
                  L                                    Ij amount '■* f mit FliA
   09.01 AI           Coffre, unroasted                         5 000 kg
   09.01 A II         Coffee, roasted                           3 500 kg
ex 21.02 A            Coffee extras is and essences             1 2<K> kg
   09.02              Teà                                     . 3 500 kg
ex 21.02 B -          Tea extracts ami essences                 I 2lH) kg
   22.05 A     1I
   22.06        |     Alcoholic beveraecs other than
                      non-spjrkling wincs                           20 hi
ex 22.09       JI
ex 22.08        |     Fthyl aliohol, undenatured            '        10 hl
ex 22.09        J
   24.02 A            Cigarettes                            125 000 pieces
ex 24.02 B            Cigarillos                     \      125 0i?0 pieces
ex 24.02 B          ■ Cigars                                  50 OtH) pieces
   24.02 C            Smoking tobacco .                         1 (HiO kg
ex 27.10              Petrol , gas-oil                            400 h 1
ex 33.06 A II         Perfumes and toilet water                      10 hl
 ---pagebreak---                                                         AWt \ C
              «
           , .                                         Μ'Μ ΙΜ1Ν III
              \      - \                                  ;                                , •'
                                       COMMUNri"Y TRANSIT GUARANTKE
                                               ( Hjt-r.i(c Kuaraiilcc System)
        »                                  .
 Undertaking by the gu.ir.nuor                                                                                    '*    •
  1 . The undersigned                                                        .                                            ('/
        resident .it                I. .......                                                                            (')
        hereby jointly and severally guarantees, .11 the office of guarantee of
        111 favour ol the kingdom of Helium , the Kingdom ol Denmark , the fedora ! Republic <•( ( ier-
        n»anv , the l u nch R « pul he . In ! Mid , the If ilian Republic, the ( iraud I > 11* hv of I ux.cn 1 bout g . the
        kingdoln ol the N < fheilands, the United kingdom ol <» reat I'fttim and Noiihern Ireland , the
        Republic of Aiistn.i . md the Swiss < 'onlcderaiion anv amount for whnha prim rp.d in iy !*» ; .*> me
        h.ible to I h«* abovttneniioned States by k.immi of infringements or irregularities commute J »n *!•«•
        course n| a X oinnmnu \ liansit t »p«-i .it i< «i 1 nuliuhng duties, i.im\ .«j*i ic 1 rl t ur 1 1 liu»\ jn ! oihir
        1 harges – with die cm eplion ol pe* 11ni.tr v penalties           ,is regards principal or Inn her h d 'inties,
        expenses 4tul iiu 1drnt.1l charges wuh regard to which die undersigned has ar.iicd lo be rr spon-
        sible hv the issue of guarantee voucher* np to a maximujn .iinoontol ] HOO^imis of account per
        voui HIT,                                                                           Europein
  2. 1 he undersigned undertakes to pay forthwith , upon the first application in writing by the - com­
        petent authorities ol the St ties referred to in paragraph l t the sums requested up to an amount
        of 7oo,ij^iuits ol account per guarantee vou* her.
                tur;pein
  3. I lus undertaking shall be valid from the day of its acceptance by the oilier of guarantee.
        'I his guarantee may br cancelled at any time by the undersigned , or by the State' in the terotorv
        ol whish th * office «•! guarantee is situated, -
         Ihe cancellation sh d ! take elfcct on the I6ih day after notification thereof to the othri partv
                                                /
        'Ihe undersigned shall remain-responsible for payment of the sums wlmh become pa\aH«- in
         respect of < omtitiiuity transit opt rations co>rred by this unchrtaktug which began bil<»ie rhe
        date 011 which the c niccllanon took etlect,>even if the demand for payment is made alt * 1 that
        date.
Sora.mv '.»mr tortnamrv «»' iMiin 1 *»1 firm
frult j.i-iirtv
 ---pagebreak---                                                                                                                                                                                                            #
         4 . For the purpose of ihis mulcrukmn, the umlersii'.iicd rivcs his address for scr\uc ' < as
                                                                                                                                                ( ') and in each of the other Vatcs
                  referred to in paragraph 1 :
                              Sr.ilc                                                    Surname i»»>J formnHirs , or rumc f»f firm . jiml full .nlJrcss
                                      i             r                                                                                                                :
                   .
                                                    L                       :       a                                      :        ;                                .
                                                    r
                                 ..........
                                                  1r
                                                    L
                                      ,           J[                                        :                                                                                   L;
                                                                              :...
                                  .
                                                                                                                                             -               .
                                                                          .                   ;                                                             v- ....................
                                                  1                            :                                                                                                          :
                                                   I
                                                                                                :                                                                                 ,     :
                                              •     j  ,                                                                              .. . .. .                                     :
                                                   i     :
                                                    [
                    The iiiiilcrMpii.il acknowledges th.il all correspondence and nmiin anil any formaline* or pro
                    ccdiircs relating to ihis urulcrl.ikmj; addresM -d In or effected in writing al one of Ins addresses
                    for ser\ ice shall he accepted is duly delivered to him,                                                                                     -
                   The undersigned acknowledge* the jurisdiction of the con Ms of the places when- he has an
                    address for service .
                   The undersigned undertakes to maintain his addresses for Service, 0T, if ho has to alter 009 Or
                    more ol those addresses, to inform the office of uuaiantee in advance.
                                       \
                                                               Donr At ....... ..........                                                   on                                                       ,
                                                                                                                                                  !*(>
  II . Acceptance hv the office of guarantee
                                                                                                                                       /
           Office of guarantee                                                                                 *...
           Guarantor's undertaking .nccpud on
                                                                                                                             (Si.in»n «fid wrti.uurr )
                                                \
  v 1 ' If. u» T ^»" Ijw of .1 Si .if,-, rh - r«. is no j»f > •» :««<<•• [< >r i»»\                        for st r i kc. ' *•« i         u »» - «r sh.»lt tppmnt , •" ' " h "• 'hr           r « ♦< rrr*|
                  pi'.i^ripp I. 4>*                   jn        • i vi i -* ♦».>•[! »m »                        .ti i. ».s ,i .| !■ scl ro '»-n | lir ihihh i »» thr p' »et-. <n Wrh>«f» thr
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        trsi ..•<!>)
t       I '«'i » sl il I ss
         1 Im          j!w« niu-l br                        hl ihr                       »f« « Kr » ign                 ♦ »Wi| li.m Jwr«fH»i; '(»uaf'tntrc *
 ---pagebreak---                               Explanatory Memorandum
Subject ! Application , in the Community , of Recommendation No 1/ 79 and
            Decision No 3/79 of "the EEC–Switzerland Joint Committee -
            Community Transit amending the Agreement on the application
            of the rules on Community transit
1 . The EEC-Switzerland Joint Committee - Community Transit - has adopted
     - Recommendation No l/79 on the amendment of the Agreement referred
        to above ( l ) ,
     - Decision No 3/79 on the amendment of Appendices I , II and III of the
        Agreement .
     These two measures are intended to make the necessary amendments to
     the Agreement and its Appendices arising from* the introduction into the
     Community rules relating to transit of the European unit of account .
2 . The draft Recommendation and Decision have already been examined by the
     Council with a view to establishing a joint position of the Community /
     ( cf. doc 9245/79 AELE.CH 19 TRANS 112 and doc 9244/79 AELE CH 18
     TRANS 111 ).
     There has been no significant change made in comparison with the texts
     submitted to the Council at that time .
3 . The Regulation , whose adoption by the Council is proposed is intended
     to make the amendments of the Agreement by the above measures of the
     Joint Committee applicable in the Community .
( 1 ) oj No L 294, 29.12.1972 , p. 1 . ;
 ---pagebreak---                                   Proposal for    a
                     Council Regulation ( EEC )
                                    relating
            to the conclusion of the Agreement in the form of an
            exchange of letters on the amendment of the Agreement
               between the European Economic Community and the
            Swiss Confederation    on the application of the rules
              on Community transit and to the implementation of
            Decision No 3/79 of the Joint Committee set up under
                                 that A-rrreement
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,                               ' . -
Having regard to the Treaty establishing the European Economic Community , and
                                                    I •
in particular Article 113 thereof ,
Having regard to the proposal from the Commission ,            '
Whereas the Agreement in the form of an exchange of letters on the amendment
of the Agreement between the European Economic Community and the Swiss Confede­
ration on the application of the rules on Community transit ( l ), signed on 23
November 1972 , should be concluded ; whereas the proposed amendment is the
subject of Recommendation l/79 of "the Joint Committee set up under that Agreement
Whereas that Recommendation provides for the rules regarding the unit of account
which are at present in force to be applicable to all Community transit ope­
rations for which the declaration is registered before 1 July 1980 ; whereas it
is necessary to take the measures that the application in the Community of
this provision requires ;
Whereas it should be stipulated that Decision No 3/79 of the Joint Committee
takes effect at the same time as the Agreement to be concluded ,
( I ) OJ No L 294 , 29.i2.i972 , p. 1 .
 ---pagebreak---  HAD ADOPTED TUTS REGULATION :
                                  Article 1
 The Af-rremnnt in the form of an exchange of letters on the amendment of the
 A^e^ment between the European Economic Community and the Swiss Confede–
ration    on the application of the rules on Community transit is h^r^by
 approved on behalf of the Community .      .
 The text of the Agreement is set out in Annex 1 .
                                   Article 2
 The President of the Council is hereby authorized to designate the person
 empowered to eipn the Agreement in order to bind the Community .
                                   Article 3
 Decision No 3/79 of the EEC-Switzerland Joint Committee – Community transit -
 of 6 December 1979 amending Appendices I , II and III of the Agreement
 shall t.ike effect in the Community at the same time as the Af-reeraent re­
 ferred to in Article 1 .                     ~         ■
 The text of the Decision is set out in Annex 2 .
                                                                       \
                                   Article L
 The provisions regarding the unit of account in the version as at present contained
 in the Agreement between the European Economic Community and the Swiss Con­
 federation on the application of the rules on Community transit shall
   apply to all Community transit operations for which the declaration is
 registered before 1 July 1980 .
 ---pagebreak--- This Rc*rulation shall ent^r into foroo on the drxy following ite publicatio
in the Official Journal of the Kuropenn Communities .
This He ,^ulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,
                                        For the Council
                                         The President
 ---pagebreak---                                       - 4 -
                                      AJ.TrJC i           -
                                     AGRiCr'IKrT
                                                      1
                     in the form of an exchange of letters
                   on the amendment of the Ajrreemdnt between
                    the European Economic Community and the
                Swiss Confederation on the application of the
                           rules; on Community tranoit
                                                    Brussels , ...
Your iixcellency ,
The E.XI-Switzerland Joint Committee – Community transit – hari proposed ,
in it-i Recommendation l /79 of 6 December 1979 » certain amendments to the .
A,rreerer.t between the European Economic Community and the Swiss Confede­
ration pn the application of the rules on Community transit . The proposed
ar.cr.dr.entn are annexed hereto ..
I hivr the honour to inform you that the Community is in af^eement with
these amendments and I would propose that they enter into force on 1 July
!• SO . I should be f^rateful if you would confirm the agreement of your
Government            , to these amendments and to the date for their entry
into force .
Please accept , Your Excellency , the assurance of my highest consideration .
                                                        For the Council
                                               of the European Communities
 ---pagebreak--- Sir ,
I have the honour to acknowledge receipt of yoxr letter of today worded
as followni
      "The "r^nC– Switzerland Joint Committee – Community transit – has proposed ,
      in its Recommendation l /79 of 6 December 1979 » certain amendments to
      the Agreement between the European Economic Community and the Republic
      of Auntria on the application of the rules on Community transit . The
      proponed amendments are annexed hereto .
      1 have the honour to inform you that the Community iB in agreement
      with these amendments and I would propose that they enter into force
      on 1 July '1080 . I should be grateful if you would confirm the a/^reement
      of your Government           »- to these amendments and to the date for their
      entry into force . n
I have the honour to confirm the agreement of          my Government        s to
the contents of your letter and to the date proposed for the entry into
force of the amendments .
Please accept , Sir , the assurance of my highest consideration .
                                                  For the Government of
                                                 the Swiss Confederation
 ---pagebreak---            Proposal for the arendnent of the .^ greer.eht
     v        tetveen the turopean Economic Corr.ur.it y
 ar.d the Swiss Confederation on the application of the
                     rules on Comrunity transit                   *
Article 13 of the Agreement shall be replaced by the following
                              _ " Article 13
1.            The provisions set out in square bracket ? in
     Appendices X and II and listed below shall not apply :
     Appendix I         : Article 1(4 ); Article 2(2 ), second suc-
         .       .        paragraph ; Articles 3 , 14 and 10 ; Article 12(1
                          last sentence ; Article 15 ; Article 22 (' !)_.
                          last sentence ; Article 26(2 ); Article 2-9 ;
   . v" " ' " x    '      Article * 30(3 ) ; Article 32(1 ) second suh - '
                      -   paragraph and ( 3 ); Article • 39(1:) last
                          sentence ; Article 4l ; Article ^ 4(1 ) a rA ( 2 );
                          Article 45 ( 2 ); Article 47 ; Article 4P (?);
                          Articles 50 to 53 and 55 to 61 ; - -
     Appendix II : Article 1(3 ), 1(6 ) first sentence and 1(9 );
                          Article 2(11 ); Article       Article 1(J );
                          Articles 10 to 14 ; Article 15(2 ); Article 22 ;
                          Article 24(5 ) second subparagraph last
                          sentence ; Articles 27 to 34 ; Article 35 ( a ) ;
                          Article 42(2 ) and ( 4 ); Article 50(a );:"
                          Article 51 , Article 54 second paragraph ;
                          Articles 68(1 ) and 74 .
 ---pagebreak---        However', the provisions of Articles fc , 15 , " l , tlj ( l ) ani .-
(?)»            *° 53' of Appendix I and of Articles 2*1(5 ) secorc
subparagraph last sentence , 27 to 3 1*, 35(a ), *J2(2 ) and ( h ) , r 0 (» ) ,
51 , 5 ^ second paragraph^ 68(1 ) and 7*4 of Appendix II shall .             *
continue to apply in the Member States .
       Where reference is made in the Appendices to this Agreement
to the provisions of the Treaty establishing the European
Economic Community or the Treaty establishing the European
Coal and Steel Community , such reference shall relate only to
the customs status of the goods within the Community .
       In the application of the provisions of this Agreement ,
the " European unit of account ( EUA ) W means the total of the
following amounts :
                    •'                                                   !
   0.028                    German Mark
   0.0985 -                 Pound Sterling
   1.15                     French Franc
109                         Italian lire
   0.286 •    ■   ,         Dutch Florin
   3.66                     Belgian Francs
   0.1*1 .                - Luxembourg Franc
   0.217                    Danish Crown
   0.007,59             _   Irish Pound .
       The value of the European unit of account in a given
currency shall be equal to the sum of the exchange values in
that currency of the amounts set out in the previous subparagraph
 ---pagebreak---      Point ( c ) of Article 16(3 ) of the Agreement shall be
replaced by the following :
   f " ( c ) amendments to this Agreement having a direct     k
             relationship with the accession to the European
             Communities of new Member States ;".
     The following point ( d ) shall be added to Article 16(3 ):
     "( d ) amendments to the definition of the European unit
             of account referred to in Article 13(1 ) of this
             Agreement made necessary by amendments to the
/            Community rules relating thereto .".
     Appendix I of the Agreement is hereby amended as follows
the square brackets around Article 8 shall be deleted . ~
 ---pagebreak---                                       ΛΙ"ΠίΧ ?                     –
                               DECISION No 3 / 79
                     OF THE EEC-SWITZERLAND JOINT COMMITTEE
                             - Community transit -
                                               • %
              v    .           0F 6 DECniBKR 1979
                 on the amendment of Appendices I , II and III
            to the Agreement between the European Economic Community
                          and the Swiss Confederation
                        on the application of the rules
                             on Community transit
  THE JOINT COMMITTEE , '
  Having regard to the Agreement between the European Economic
  Community and the Swiss Confederation on the application of the
  rules on Community transit , and in particular Article l6(3)(a )
s thereof .
  Whereas the rules   on Community transit have been changed to apply
  from 1 July 1580 ^  the European unit of account to the flat-rate
  guarantee system ;  whereas the aforementioned Agreement and its
  Appendices should   therefore be amended accordingly ;       ,
 ---pagebreak---                                        - 2 -
  Whereas the amendments to the Agreement are the subject of
  Recommendation No 1 / 79 which the Joint CoTnmittee has addressed to
  the Contracting Parties ;
                        '                  '                         - •
  Whereas the amendments to the Appendices laid down in this Decision
  are directly connected with the amendments to the Agreement proposed
  in the said Recommendation ; whereas it therefore seems advisable
- for the amendments to the Appendices to take effect at the same
  time as the amendments to fche Agreement itself ,
                    »                                             /
  HAS DECIDED AS FOLLOWS :
                                     Article 1
         Appendix I to the Agreement between the European Economic
  Community and the Swiss Confederation on the application of the
  rules on Community transit is hereby amended as fdllows :
  ( a ) Article 32 is amended to read as follows :"
                                   " Article 32 .
         1.      Each Member State may accept that the natural or -
            legal third person standing as guarantor under the
            conditions laid down in Articles 27 and 28 guarantees ,
            by a single guarantee and for a flat-rate amount of
            7,000 European units of account in respect of each
            declaration , payment of duties and other charges which
            may become chargeable in. the course of a Community
            transit operation carried out under his responsibility , ,
            whoever the principal may be . If carriage of the goods
            presents increased risks , having regard in particular
            to the amount of duties and Other charges to which they
            are liable in one or more Member States , the flat-rate
            amount shall be fixed by the office of departure at a
            higher level .
                                                             • • •I•
 ---pagebreak---               / The guarantee referred to in the first subparagraph
              shall conform to Specimen III in 'the Annex . 7
        2.             The exchange values in national currencies of the
              European unit of account to be applied to the provisions
              for Community transit shall be calculated once a year .
     / ~3 .            The following shall be determined under the procedure
              laid down m Article 57 :
            . ( a ) . movements of goods which may give rise to an increase
                      in the flat-rate amount , and the conditions under
                      which such an increase shall apply ;
              ( b ) the conditions under which the guarantee referred to
                      in paragraph 1 shall apply to any particular Community
                      transit operation ;
               ( c ) the detailed • rules for applying the' exchange values in
                      national currencies of the European unit of account . _ 7 "
( b ) Article ^9 is amended to read as follows :
                                          " Article 49          ^
         1.'           The Community transit procedure shall not be com­
               pulsory for .the carriage of goods accompanying travellers
               or contained in their luggage , if the goods concerned
               are not intended for commercial use .
 ---pagebreak---         2.             The provisions of the Treaty establishing the European
             Economic Community which relate -to the free movement of
             goods shall apply to goods which , by virtue of paragraph 1 ,
             are not carried under the Community transit procedure :
              ( a ) if they are declared as Community goods and there is
                      no doubt as to the accuracy of that declaration ;
              ( b ) in other cases , if an internal Community transit
            •       • document issued to establish . the Community status of
                      the goods is produced ."     •
                                         Article 2
         Appendix II to the Agreement is hereby amended as follows :
( a ) In Articles 23(2 ) and 24(1 ), ( 2 ), ( 3 ) and ( 4 ) the words " 7,0(50
       European units of account " shall be substituted for the words
       " 5>000 units of account ".
( b ) The following paragraph 5 shall be added to Article 2*4 of the
       Appendix :
                  "5 .       The exchange value in a national currency of'
                        the amounts expressed in European units of account
                  ~     referred to in this Regulation shall be calculated
                        by using the exchange rate in force on the first
     *
                        working day of Iho month 01' October and yhall bo      ^
                        applied from 1 January of the following year .
 ---pagebreak---                     If a rate is not available for a particular
               national currency , the rate to be applied for that
               currency shall be that obtaining on the last day
               for which a rate was published . / ~For the appli­
               cation of this provision , the rates published in
               the Official Journal of the European Communities
              'are to be used . J7                            ,
                    The exchange value of the European unit of
               account to be used in- applying the first subpara­
               graph shall be that which was applicable on the
               date on which the Community transit declaration .
               covered by the flat-rate guarantee voucher or
               vouchers was registered ."
( c ) Annex X shall be replaced by Annex A to this Decision .
( d ) Annex XIII shall be replaced by Annex B to this Decision .
                                     Article 3
  (    Specimen III of Appendix III to the Agreement shall be replaced
by the specimen in Annex C to this Decision .
                                   • Article H
       This Decision shall enter into force on the same date as the
amendments to the Agreement which are the subject of
Recommendation No 1 / 79 of6 December 1979 .
                                        'Done at Brussels . 6 December 1979
                                         For the Joint Committee
                                              The Chairman
                                                 P. Klein
 ---pagebreak---                                                      A WF.x A
                                                     AN'.-X A
                                                                                                                 (recto)
COMMUNITY                                                                                             A 000000
    TRANSIT
                                   FLAT-RATE GUARANTEE VOUCHER
Issued by .
                                        [ Nimc » nd adjrrci of individual of firm )
(Undertaking of (he guarantor accepted on
by the office of guarantee of ..                                                                              ).
    is voucher is valid for an amount of tip to 7 000 European units of account for one Community
transit operation btjimninf not latrr than
and in respect of which the principal is
                                        (Nmm and kUtui «l individual •« tin)
            (Stgr.sturc <d ^riiwip*! 0)'/                                     (Stfiutun imI xinp of |ummor)
W SuAtruic
                                                                                                                 (vtfto)
                                   To be completed by office of dvpa,rtur«                                                 χ-
Community transit operation effected under document T 1 /T 2 .
registered on                                                    under No                                 by the
 offtcc êt                                                    ;
                  KXdcaaI «« mp)                                                         (SiAnKun)
                                                                                                                         β
 ---pagebreak---                                          A NXf-X B
                                          ASSlX XIII
LIST OF GOODS WHICH WHEN TRANSPORTED GIVE RISE TO AN INCREASE IN
                          THE FLAT-RATE GUARANTEE
          1                                    2                      1
                 .  I                                      I            torrr*!*' 'uJifig
   CCT hc*4in4 N*                        Dr«cnp(»oA        II    IO ifcf *!•"•!« J
                    I1                                     Ij amount of * i**i Fl fA
   09 01 AI           l Coffee, unroasted                        5 000 kg
   09.01 A II
                      | Coffer, roasted                          3 500 kg
ex 21 02 A              Coffee extracts and ewence*               I 200 kg
   0902                 Tea                                      3 500 kg
ex 21.02 &              Tri eviraci» tnd «wnen                    1 200 kg
   22.05 A    Mi
    ....
                     !  Alcoholic beverage* other th*o
   2Z 06                                                              20 hl
                        non-iparkling wmes'
ex 22.0V        JI
ex 22.08         ")
                      I Ethyl alcohol, un<kniturcd       v            10 hi
ex 22.09         J
    24 02 A             Cigarette*                             125 000 pieté*
ex 24.02 B              Cigarillo»                     \       125 OX) pte^e*
ex 24.02 B              Cigar*     '                            50 OX) piece*
    24.02 C             Smoking tobacco                           1000 kg
ex 27.10                Petrol , gat-oil                            400 hl
ex 33 06 A II           Perfume* and toilet water                     10 hl
 ---pagebreak---                                   -                         AW I V C
     ■                                                     SfH IMl N III
                                          COMMUNITY' 1 RANSri GUARANTEE
                                '                 ( Flat-rate guarinM iyticm)
 L Undertaking by the guarantor                          -
       1 . The undersigned                                                                                                   ( ')
             rest Jcnt it                                                     *                                              (a)
            hereby jointly and sever .illy guarantees at the office of guarantee of
             in favour of ( he kmg.lom of llclpum , the Kingdom nl hiniu.trlc , the l-ederal HrpuWic of (»er-
             n*.m\ , i he i retuh KepoMu . lr < land , the Italian Kt p»iHk , the i * rand I )<k hv of I uxemhoii'i;. the
             kingdom of the Netherlands , Mil* l ! mted kingdom nl < » reat Union and Northern Itrlat 'd . the
             RvpuMiv of Vistna .mil i he               ( mile, It ration .inv .inioiint tor tsfm h a prim ; pal rn i * b< v>>mr
             liul !o to the jhovementi«>ned States h \ reason ol infringements or if regul .nines vomnwtted in Mie
            tours? ot a C on»niumt \ jransit operation unhiding duties, taxes , agr utiltur i ! levies ami othef
            charges – v*»fh the e\stpnt>n ol petumar) penalties - as regards principal or further liabilities,
            CApenses am ) inmlnif aJ charges with regard to whuh the undersigned has agreed to he respon­
             sible by the issue ot guarantee votuhers up to a maximum amount of 7 0«» '^inits of account per
             voovher.                                                                             European 1              '
       2. The undersigned underralo-s to pay forthwith, upon the ifirst application in wetting by the com­
             petent authorities ol the Mates referred to in paragraph J , the »ums requested up to an amount -
             ol 7i )< m        4>t aveounr per guarantee voui hef.
       3. ITiis uiitlrrt.iK         \h.ill be valid from the day of its acceptance by the office of guarantee.
             This guarantee m.iv ho cam elled 41 any tunc by the undersigned, of by thr State in the territory
             ol vshuh'the i'IIkc of guarantee is situated .
             The cancelation shall t.tke effect on the 16th day after notification thereof to the other party .
            The undersigned shall renum responsible for payment of the sums which become pasile in
             respect ot (.< immunity tr.msit operations covered by this undertaking which began before the
            d-:e on « hikh the cancellation tools effect, even if the demand for payment is made atu-r that
            date.
I 1' Sgnuøw          hirniMm, u* lun« •»< fim,
(*l frtåJi mbki T+*
 ---pagebreak--- 4 . For tlx* pi.fprr,,                            [!:;<, ui'v!<Tt                   thr wiuiitm-mu t * |.'.ivi*\ his .i*U!rc\\ t<>r mt \".c                              1
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