CELEX: 51979PC0389
Language: en
Date: 1979-07-19 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO PARTICIPATE ON BEHALF OF THE EUROPEAN ECONOMIC COMMUNITY IN NEGOTIATIONS FOR THE CONCLUSION OF A CONVENTION ON INTERNATIONAL MULTIMODAL TRANSPORT (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 389
Vol. 1979/0138
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(79)389   final
                                          Brussels * 19th ; July 1979
                     RECOMMENDATION FOR A COUNCIL DECISION
              AUTHORIZING THE COMMISSION TO PARTICIPATE ON BEHALF
              OF THE EUROPEAN ECONOMIC COMMUNITY IN NEGOTIATIONS
                     FOR THE CONCLUSION OF A CONVENTION ON
                       INTERNATIONAL MULTIMODAL   TRANSPORT
                 (presented by the Commission to the Council )
       |î- "7         ^ -j "j .
          V s ' ^ . -P
 C0MC79 ) 389 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
Introduct ion                                                       ■ ,   •   .
                                                                      %
An Intergovernmental Preparatory Group within        the United Nations Confe­
rence on Trade and Development ( UNCTAD ) was instructed to draw up a preli­
minary draft Convention on International Multimodal Transport .                     After
six meetings this group presented a draft document to the Trade and
Development Board .   The latter decided at its tenth special session in .
March 1979 to have a United Nations Conference convened at the beginning
of November 1979 , and if necessary reconvened, to negotiate the Convention
Purpose and scope of the Convention
                                             1   ,      » ■     .
The Convention concerns international multimodal transport / i.e. , the
carriage of goods by not less than two different modes of transport under
a multimodal transport agreement from a point in one country where the
goods , are accepted by the multimodal carrier to a point designated for
                                           ι
delivery in a different country .   The Convention thus contains provisions
concerning the multimodal transport document , its content and value as                   ,
evidence , the liability of multimodal transport operators , the liability
of consignors and the rights and interests of the parties .
It also contains provisions providing for the use of a customs transit
procedure for multimodal transport operations and lays down a number of                     :
guidelines in accordance with which the customs transit procedures must
be conducted .   These guidelines concern in particular :
- freedom of transit of goods c.arri.ed multimodally ;
- the extent of customs inspection of such goods ;                :     " 1
- 'customs clearance facilities at the destination;
- exemption from duties and taxes ;,:          ,
- guarantees ;                  •                  \
                                               •            ,               \   • •
- the customs transit document.        •,                     )
 ---pagebreak--- The composition of the Convention is such that it comprises art operative
part governing the relationships under private law between the parties
to a Multimodal transport contract , and in addition provisions of public
law , including a considerable number of provisions on customs Batters .
Community powbrs            , '                     . •               ;–
Considered from the point of view of the guidelines on customs transit
procedures contained in the Convention , the Community is undoubtedly
empowered to negotiate and conclude this Convention .- In fact / since
1 January 1970 Council Regulation ( EEC ) No 542 / 69 Of 18 March 1969 ( 1 ),
later replaced by Council Regulation ( EEC ) No 222 / 77 of 13 December 1976
( 2 ), have regulated a Community transit procedure laying down customs rul
governing the movement 'of goods in^ Community territory .
Accordingly , where undertakings assumed at international level are liable
to interfere with Community transit rules or to lessen their scope or
                                                                i . .    .   .
application , they may be negotiated only at Community level.' It is
essential therefore' that aclause be inserted in it permitting the,            ,
Community to become a contracting party . It should be noted, furthermore ,
that the Convention in question is undeniably 'designed to , facilitate
the transport of goods fusing more than one means . It wilt contribute
therefore to the. growth of world trade .           v ; 1 ; > .
 To that end the wording below based on that contained in a draft Conven­
 tion ( of 25 April 1979 ) of the Economic Commission for Europe on atmos­
 pheric pollution could be adopted :
 " This Convention shall also be open for signature or accession by regio­
 nal economic integration organizations constituted by sovereign State .
 members of the UNCTAD which have competence in respect of the negotiation
 conclusion and application of international agreements in matters covered
 by the present . Convent ion . .   ■   ' ' ? '          ■ ;V                \   :
       • • -                                                               .
  ( 1 ) 0J No L 77 of 29.3.1969,p.1        -h   r'/                                :
  (2 ) 0J NO'L 38 of 9.2 . 1977,p.1 . '                    'f .
 ---pagebreak---                                      - 3 -
 In matters within their competence , such regional economic 'integration
 organizations shall, on their behalf , exercise the rights, and fulfil
 the responsibilities which the present Convention attributes to their
 Member States . In such cases the Member States of the organizations shall
 not be entitled to exercise such rights individually ."
  It is also important , furthermore , that provision be m.>d«< in the Conven*
  t ion that contracting parties which constitute a regional' economic inte-                ■
  gration organization may agree that their territories be regarded a * a
. single territory *         _
  The Community should also be accorded ,within the todies in which the '
   Convention will be negotiated, a higher status than that of a - re obser­
   ver . Reference could be marie irS this connection to the c Vrcu-'.t » nceu          ,
   in which tl.t Community was permitted to negotiate various agre e-nt * cr              ,
   basic products within the United Nations Organization, and to the rigM             ,       .
   Conferred on the Commission representative to act as spokesman - for th«»
   Community and its Member States during the work of the Conference on the
   revision of the TIR Convention *
    As regards the " transport " aspects of the draft Convention, the Commission will
    prepare a proposal for a' Council Decision envisaging common action by the Membe
    States in accordance with Article 116 of the Yreaty .                         >
  ' LfQ-il basis'               i                 '                   '■■■.
     Bearing in mind the      \
     •'customs" aspects of the Convention' on International * ult           Transport , ■
     Article 113 of the . Treaty would appear to be the most •#:*-propr*at « provision
     to be used as a basis for the negotiation and concluticn of thi * Convention .
     by the Community .                       '  v
      Conc lus ions                                               >
      The Commission recommends , pursuant to Article 113 of the . rtjty , t «.»
      the Council authorize it ot take part . in th. negotiat ion of u. Convent ion
      on International Multimodal Transport .
 ---pagebreak--- Representations will have to be made to the Secretariat General of
UNCTAD in order to demonstrate beyond doubt that the Community has
competence in respect of matters covered by the Convention as well as
the exclusive power of negotiation conferred in this particular case
on the Commission by the Treaty .
The purpose of such representations should be to ensure that the
Community is invited ,, with a right to vote , to the United Nations
Conference at which the Convention is to be negociated .
 ---pagebreak---                       <            v Recommendation
                                          _                   ...        .                    _     .
                              for a Council Decision
      authorizing the Commission to participate on behalf of the
    • European Economic Community in negociat ions' for the conclusion                            k         |
      of a Convention on International Multimodal Transport
                                                                       \         f '
                                                  _____ ^                  . ' ' '           \
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,,
                 •    '     '                                     '          ,
                                                          i                          > ■        .     .* '  i
                   .1   . ·                                          »
Having regard to the Treaty establishing the European Economic Community, .
and in particular Article 113 thereof,           , '                                     ■
Having regard to the recommendation by the Commission/
wherea s a diplomatic conference is to be convened at the beginning of
November 1979 within the United Nations Conference on Trade and Develop- :                              - '
ment to draw up a Convention on International Multimodal Transport ;
Whereas the draft of that Convention contains among others a numbed of provisions
concerning guidelines on customs transit questions ,                „ >
Whereas customs transit is governed by rules adopted at Community level ...
and consequently falls within the Community 's own competence .
HAS ADOPTED THIS DECISION :
                                    Sole article
As regards customs aspects the Commission is hereby authorized to participate on
behalf of the Community , within the United Nations Conference on Trade and Deve­
lopment , in the negotiations f6r the conclusion of a Convention on International
Multimodal Transport .      v       .                 -     '       '                      -
 ---pagebreak---                                 \
It shall conduct these negotiations with the aid of a special committee
composed of represent at ives cf the Member States and in accordance with
the directives annexed hereto and with such directives as ir.ay be issued
to It subsequently .
Done at Brussels .,
                                           For the Council
                                            The President
 ---pagebreak---             DIRECTIVES ISSUED BY TWs COUNCIL TO TH£    COMMISSION
The Commission shall endeavour to ensure that the draft Convention on
International Mult imodcJ Transport i " consistent *» ith the provisions
adopted by the Community in respect of customs transit and / in particular
with those 'contained in Council Rsg -jlation ( SEO Nc 222 / 77 of 13 December
1976 .
The draft Convention must contain provisions      enablina     the European
Economic Community to become a contracting party thereto and to be reco­
gnized as constituting a single tsrritory .     The Commission sKall take
steps to ensure that within those bodies in which the Convention is
negotiated it is accorded # st*H:s higher than fch-at of observer .-