CELEX: 51974PC1768
Language: en
Date: 1974-10-31 00:00:00
Title: RECOMMENDATION FOR A DECISION OF THE COUNCIL concerning the negotiation of agreements on the proposed Annexes to the International Convention on the Simplification and Harmonisation of Customs Procédures (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1768
Vol. 1974/0280
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 ---pagebreak--- COMMISSION OS THE SUXOPEAN COMMUNÎTIBS
                                               COM(74)1763   final
                                               Brussels , 31 October 1974
                              RECOMMENDATION FOR A
                             DECISION OF THE COUNCIL
                concerning the negotiation of agreements on the
                proposed Annexes to the International Convention
               on the Simplification and Harmonisation of Customs
                                   Procédures                    .
                 ( submitted to the Council "by the Commission)
   CCM(74) 1768 final
 ---pagebreak---                                  EXFLANATOIIY NOTE
   Introduction
        On 4 June 197^ "the Council authorised the Commission to sign on behalf
   of the Community the International Convention for the simplification and
   harmonisation of customs procedures drawn up by the Customs Cooperation
   Council (CCC ).
          This Convention consists of one common section •* which the Community
   has now signed – and a number of annexes each dealing with specific questions
   and each of which , for the purposes of voting in the CCC is considered as
   being a separate Convention .
          A number of these annexes have already been the subject of recommen­
   dations for a decision of the Council , the object of which was to authorise
   the Commission to conduct negotiations on behalf of the Community on each of
   the separate annexes . However , according to the outline programme drawn up
   by the CCC , many more annexes dealing with customs matters are envisaged for
 . the future . In fact , if the CCC keeps to its programme there are over 20 such
   annexes to come .
           To the extent that the Community needs to. negotiate an agreement on
   each of those separate annexes the Commission , following recent precedents ,
   could seek a negotiating mandate for each specific annex or group of annexes .
   This would be a rather cumbersome approach involving much repetition , as well
   as being wasteful of scarce official time and resources . In the interests ,
   therefore , of rationalising the institutional procedures involved the attached
   draft recommendation seeks an overall negotiating mandate, covering most of
   the outstanding annexes proposed in the CCC 's programme . Such an approach has
   in fact been advocated by member States themselves during discussions in the
   Council 's Economic Questions Group which has recently considered individual
   negotiating mandates covering specific annexes .
           Should further annexes   not at present   outlined in the CCC 's programme
   be proposed separate recjuests for negotiating mandates will of course be put
" forward as appropriate , .
 ---pagebreak--- Nature of the proposed annexes
                 of tie roinming annexes to the Convention cf Kyoto are not yet
available , indeed much of the CCC 's work is probably still at a conceptual
stage . It seems clear , however , that in many cases they deal with questions
which are already or which will soon be subject of proposals from the Commis­
sion for an appropriate Comuunity instrument .
          The programme of annexes is divided into various general sections each
one of which includes a number of proposed annexes dealing with a more part i~
cular issue . Section A of the CCC 's outline programme deals with formalities
prior to the lodging of a customs entry. This question is already the subject
of a Community instrument , namely : Council Directive of 30 July 1968 on the
harmonisation of the provisions laid down by law , regulation or administrative
action relating to : 1 . customs treatment entering the customs territory of
the Community , 2 . temporary storage of such goods .
                 Section B deals with the customs clearance of goods intended
for home use . The texts of the two outstanding annexes under this section ,
B 5 and. B 6 are still not available , but it is clear from the title that
annex B 5 will be of especial interest , in particular in the context of the
Community 's own resources system. Annex B 6 is of similar interest and the
Commission has already submitted a proposal to the Council ( l ) covering much
the same subject as the CCC 's proposal will do .
                Section C is concerned with customs clearance of goods for export
tation , annex C 1 dealing with definitive exportation , annex C 2 dealing with
temporary exportation pending reimportation of the goods in the same state .
                                   5
Here again texts are not yet available , but it seems hardly necessary to state
the importance to the working of the customs union and the common agricultural
policy of any proposals bearing on the " formalities to be carried at exportation
goods from the Community. In addition it is likely that annex C 2 will at least
in part deal with matters similar to those of the proposal refered to at foot--
note l ) below .                                                 /
                                                                 /•••
                                                             • ••/•••
 ( l ) Doc . COL(74 ) 417 final •• Proposal for a Council Regulation on the customs
       treatment applicable to goods returned to the customs territory of the
       Community
 ---pagebreak---                             RECOMMENDATION FOR A
                           DECISION OF THE COUNCIL
              concerning the negotiation of agreements on the
            proposed Ameres to the International Convention
                  on the' Sinplification   and Haraaonieation
                            of Customs Procedures '
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing1' "the European Eoonomio Community
and in particular Artiole 113 thereof ;
Having regard to the ReconmeMdation      of the Commission ,
Whereas the conclusion of agreements on the proposed annexes to the
International Convention on the simplification and harmonisation of
customs procedures which are listed in the outline programme annexed
to this decision could make a significant contribution to the develop­
ment of the international exchange of goods ;
Whereas such agreements have important implications for the colleotion
on a uniform basis of the duties of the Common Customs Tariff , agri­
cultural levies and other charges under the Common Agricultural Policy
whereas they should take account of the requirements of the aastams
union   whereas it is therefore appropriate that the Community should
negotiate and conclude such agreements s
HAS BECIEED AS FOLLOWS s
 ---pagebreak---                               Sole Article
        The Commission is hereby authorised to negotiate in the Customs
Cooperation Council the conclusion of agreements on the proposed An­
nexes to the International Convention for tiie .Simplification and Haxw
monisation of Customs Rwoedures    which are listed in the annex to this
decision .
        The Commission shall conduct these negotiations in consultation
with the Special Committee provided for in Article 113 of the EEC
Treaty. which shall assist the Commission in this task .
                                     Done at Brussels ,
                                     For . the Council
                                     The Président
 ---pagebreak---            One annex is still   outstanding in Section E of the CCC 's
programme , namely E.9 « which also deals with matters which are already
the subject of a proposal by the Commission for a Council Directive on
the harmonisation of provisions laid down by law , regulation or admin­
istrative action on outwards processing (1 ) .
           Section F deals with a miscellany of special customs procedures .
F.1 is already regulated at Community level by Council Directive of k
March 19^9 on the harmonisation of provisions laid down by law , regula­
tion or administrative action on free zones . The proposed annex F.2
also concerns a subject to be regulated at Community level and on which
the Commission has submitted a proposal to the Council ( 2 ).
           Annexes F.3 to F-7 , with the exception of F.6 which has already
been adopted have still not been prepared . But in each case they relate
to questions which have been or will be regulated by a Community legis­
lative provisions .
Need for Community action in negotiation of agreements on the proposed
annexes
           It is cleat that considered individually or collectively the
draft annexes to be drawn up by the CCC have a direct and considerable
bearing on , in particular the uniform application of the Common Customs
Tariff , as well as the working of the customs union as a whole .
( 1 ) Doc . COM(72)936 final
( 2 ) Doc . C0M(72)1623 - Proposal for a Council Regulation concerning the
      regime allowing processing of goods under customs control before
      they enter into home use .
 ---pagebreak---                                   - if -
          If th.e Common Customs Tariff is an essential component of the
Common Commercial Policy ,, then those, customs procedures and formalities
designed to ensure its uniform application, must also be considered as
an essential instrument of that policy . It follows , by virtue of Arti­
cle 113' of the EEC Treaty , that the Community is competent to negotiate
any agreement relating to the CCC 's proposed annexes .
          Article 11 3 of the EEC Treaty also stipulate that , within this
framework , when agreements with third countries are to be negotiated ,
the Commission shall submit recommendations to the Council authorising
it to open the necessary negotiations .
Conclusion
          The Commission recommends the Council by virtue of Article 113
of the EEC Treaty to authorise it to negotiate agreements on the proposed
annexes to the International Convention on the simplification and harmon­
isation of customs procedures which are listed in the outline programme
prepared by the Customs Cooperation Council ( as annexed to the attached
proposal for a decision of the Council ).
 ---pagebreak---                                                           ANNEX
                          INTERNATIONAL CONVENTION
                 ON THE SIMPLIFICATION AND HARiiONI SATION
                           OF CUSTOMS PROCEDURES
                           DRAFT PLAN OF ANÎTÏ2ES
FORMALITIES PRIOR TO TIE! LODGING OF THE GOODS , DECLARATION ( INWARDS )
1 » Importation by sea            : formalities prior to the lodging of
                                      the Goods declaration (inwards ).
2 , Importation by air            : formalities prior to the lodging of
                                    " the Goods declaration (inwards ).
3 » Importation by road           : formalities prior to the lodging of
                                      the Goods declaration ( inwarda ).
4 * Importation by rail ■         : formalities prior to the lodging of
                                      the Goods declaration ( inwards ).
5 . Importation by inland         : formalities prior to the lodging of
    waterway                          the Goods declaration ( inwards ).
6 . Importation by other          : formalities prior to the lodging of
    means                             the Goods declaration ( inwards ).
7 « Temporary storage cf goods .
8 . Transformation or destruction of goods before clearance .
CLEARANCE OF GOODS FOR HOIIE USE
5 . Goods granted outright duty-free admission or admission at reduced
    rates *
6i Goods re~imported in the same state as exported .
CLEARANCE OF GOODS AT EXPORTATION
1 . Outright exportation of goods in free circulation .
2 . Temporary exportation of goods for re-importation in the same state .
 ---pagebreak---                                     *. 2 - '               ATOT3X
E. CONDITIONAL RELIEF PROCEDURES AI'TD PROCESSING TRAFFIC
   Q. Temporary exportation of goods in free circulation for outward
       processing .
P. SPECIAL CUSTOMS PROCEDURES
   1 . Free zones and free ports .
   2 . Manufacture tuader Customs control of goods for home use .
   3 . Customs provisions concerning travel and tourism.
   4 . Customs provisions concerning postal traffic .
   5 « Customs provisions concerning urgent consignments .
   7. Rules applicable to periods , dates and time limits .