CELEX: 51982PC0078
Language: en
Date: 1982-03-01
Title: Proposal for a COUNCIL REGULATION (EEC) on the application of Decision No 1/82 of the EEC-Austria/Switzerland Joint Committee - Community transit - amending the Agreement between the European Economic Community and Switzerland/Austria on the application of the rules on Community transit#Draft decision No 1/82 of the EEC-Austria/Switzerland - Joint Committee Community transit of amending the Agreement between the European Economic Community and Switzerland/Austria on the application of the rules on Community transit, and amending Appendix II to the Agreement (submitted to the Council by the Commission)

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COM (82) 78
Vol. 1982/0030
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             COM(82)78 final
                                                             Brussels , 1 March 1982
                               Proposal for a
                        COUNCIL REGULATION ( EEC )
on the application of Decision No 1 / 82 of the EEC-Austria/ Switzerland
Joint Committee - Community transit - amending the Agreement between
the European Economic Community and Switzerland/ Austria on the appli­
                cation of the rules on Community transit
                         Draft decision /No \ 1 / 82
                                         y.
                                            \
                 of the EEC - Austria/Switzerland -- Joint Committee
                                    /<-.x       •* \
                              Community transit            \
                                  |T of
amending the Agreement between the European Economic Community and
Switzerland/ Austria on the application of the rules -on Community
                                    \" .        v-U. -'J* • •*>/
          transit , and amending Appendix II to the, Agreement
                                         χ.   -
             ( submitted to the Council by the Commission )
C0M(82 ) 78 final
 ---pagebreak---                                                        G
                             EXPLANATORY MEMORANDUM
Application in the Community of Decision no 1 /82 of the EEC-Switzerland and EEC-
Austria Joint Committee - Community transit - amending the Agreements on transit.
1 . Commission Regulation (EEC) No 223/77^on provisions for the implementation of the
    Community transit procedure and for certain simplifications of that procedure
    provides , among other things, for a simplified Community transit procedure for the
    carriage of goods by rail in large containers. Experience has shown that, for this
    procedure to be fully effective, particularly in the case of mixed consignments,
    certain technical modifications were required. The Regulation was therefore recently
    amended accordingly.
2 . These changes in the Community rules make it necessary to amend the Agreements
    between the EEC and Switzerland and between the EEC and Austria on the application
    of the rules on Community transit2.
3 . Such is the purpose of the attached draft decision of the Joint Committees. It is
    proposed that the draft be adopted as representing the Community's agreed position
    within the EEC-Austria and EEC-Switzerland Joint Committees - Community transit .
k. Once it has been adopted by the Joint Committees , this decision will have to be
    brought into effect in the Community by way of a Council Regulation, the draft of
    which is also attached .
1 OJ L 38, 09.02.1977, p. 20.
2 OJ L 294, 29.12.1972, pp. 1 and 87.
                                                                   1
 ---pagebreak---                                        Proposal for a
                                  COUNCIL REGULATION ( EEC )
        on the application of Decision No 1 / 82 of the EEC-Austri a/ Switzerland
        Joint Committee - Community transit - amending the Agreement between
        the European Economic Community and Switzerland/ Austria on the appli­
                         cation of the rules on Community transit
THE COUNCIL OF 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 Article 16 of the Agreement between the European Economic Community and
                                                                               Λ
Switzerland / Austria on the application of the rules on Community transit       empowers
the Joint Committee set up under that Agreement to adopt Decisions making certain
amendments to the Agreement and to its Appendices ;
Whereas the Joint Committee has decided to amend the Agreement, in particular in order
to make certain technical adjustments to the simplified Community transit procedure for
carriage in large containers so as to enable this procedure to be fully effective, in
particular for mixed consignments;
Whereas these amendments are the subject of decision No 1 /82 of the Joint Committee;
whereas it is necessary to take the measures required to implement the above-mentioned
Decision ,
HAS ADOPTED THIS REGULATION :
 1 03 L 294 of 29.12.1972, p
 ---pagebreak---                                          Article 1
Decision N° 1/82 of the EEC-Austria/Switzerland - Joint Committee-
community transit - amending the Agreement between the European
 Economic Community and Switzerland/Austria                           on the application of
the rules on Community transit shall apply in the Community .
The text of the Decision is annexed to this Regulation.
                                         Article 2
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 the Member
States .
                                   »
Done at                                           For the Council
                                                  The President
                                                                                      \
                                                                                     J
 ---pagebreak---                                      Draft decision No 1 /82
                              of the EEC-Switzerland/Austria - Joint Committee
                                      Community transit
                                                of
 amending the Agreement between the European Economic Community and Switzerland /
 Austria on the application of the rules on Community transit , and amending Appendix
                                    II to the Agreement
 THE JOINT COMMUTEE ,
 Having regard to the Agreement between the European Economic Community and Switzerland/
 Austria on the application of the rules on Community transit and in particular Article
 16(3)(a ) and ( b ) thereof ,
 Whereas the Regulation on provisions for the implementation of the Community transit
 procedure and for certain simplifications of that procedure has been amended so that,
 under certain conditions, a list of all the large containers making up a single consignment
 can be attached to the Community Transit Transfer Note;
 Whereas the said Regulation appears in Appendix II to the Agreement and whereas that
 Appendix should be amended to take account of the changes thus made in the rules on
 Community transit ;
 Whereas Article 501 ( 3 ) of Appendix II to the Agreement should be put in square
 brackets ;
 Whereas certain changes to the Agreement itself are rendered necessary by these
 amendments to Appendix II;
^Whereas Decision No 1/81 of the Joint Committee amended Appendix II to the Agreement
 in order to provide for certain improvements in the flat-rate guarantee system ; whereas
 this Decision applies until 30 June 1982;
 Whereas it has proved necessary to extend the implementation of the provisions of the said
 Decision beyond that date; whereas the period during which that Decision applies should
 therefore be extended*)?
 ---pagebreak---                                                  -2-
HAS DECIDED AS FOLLOWS:
                                               Article 1
                                                                        Switzerland/Austria
The Agreement between the European Economic Community and/                     on the application
of the rules on Community transit is hereby amended as follows:
                                                                                  1
1 . The following paragraph 6 shall be added to Article 8 :
    "6. When the carriage operations referred to in paragraph 3a of Article 50i of the
          Regulation on provisions for the implementation of the Community transit
          procedure and for certain simplifications of that procedure (Appendix II) begin in
                   the serial number or numbers of the list or lists of the large containers
          containing the goods referred to in Article 1(3 ) of the Regulation on Community
          transit (Appendix I) must be entered by the office of departure in the box reserved
          for customs use on copy No 3A of the Community Transit Transfer Note opposite
          the symbol T2".
2. Article 13 ( 1 ) shall be replaced by the following:
    " 1 . The provisions set out in square brackets in Appendices I and II and listed below
          shall not apply:
          Appendix I: Article 1 (4); Article 2 (2), second subparagraph; Articles 3, 4 and
                         10; Article 12 ( 1 ), last sentence; Article 15; Article 22 ( 1 ), last
                         sentence; Article 26 (2); Article 29; Article 30 (3); Article 32 ( 1 ),
                         second subparagraph and (3); Article 39 ( 1 ), last sentence; Article
                         41 ; Article 44 ( 1 ) and (2); Article 45(2); Article 47; Article 48 (2);
                         Articles 50 to 53 and 55 to 61 ;
          Appendix II: Article 1 (3), (6), first sentence and (9); Article 2 ( 11 ); Article 4;
                         Article 7 (3); Articles 10 to 14; Article 15 (2); Article 22; Article 24
                         (5), second subparagraph , last sentence; Articles 27 to 34; Article 35
 ---pagebreak---                                                 - 3 -
                         (a); Article 42 (2) and (4); Article 50 (a), Article 50i (2) (3) (3a)
                         second subparagraph, second sentence and (5); Article 51 ; Article
                         54 , second paragraph; Article 68 ( 1 ); Articles 68a, 68b, 68c and 74.
However, the provisions of Articles 4 , 15, 41 , 44 ( 1 ) and (2), 47 and 50 to 53 of Appendix 1
and of Article 24 (5), second subparagraph , last sentence, Articles 27 to 34 , 35 (a), 42 (2)
and (4), 50 (a), 50i (2)(3)(3a)<, second subparagraph, second sentence and (5), Articles 51 , 54 ,
second paragraph, 68 ( 1 ), 68a, 68b, 68c and 74 of Appendix II shall continue to apply in
Member States ."
                                              Article 2
Appendix II to the Agreement shall be amended as follows:
1 . A new definition 4 is added to Article 50b:
    "4. "List of large containers", hereinafter referred to as "list", means the document
         attached to a Community Transit Transfer Note, of which it forms an integral
         part , which is intended to cover the consignment of several large containers from
         the same station of departure to the same station of destination, at which stations
         the customs formalities are carried out .
         The number of lists shall be shown in the box used for the description of the
         documents accompanying the Community Transit Transfer Note. Moreover, the
         serial number of the appropriate Community Transit Transfer Note shall be
         entered in the top right-hand corner of each list."
2 . In Article 50i the following new paragraph 3a is inserted after paragraph 3:
    " 3a When in the case provided for in paragraph 3 lists of large containers are used,
         separate lists must be completed for containers containing goods referred to in
                                                                                                  VI
                                        t
                                                                                               ('
 ---pagebreak---                                              - h _
        Article 1 (2) of Regulation (EEC) No 222/77 and for containers containing only
        goods referred to in Article 1 (3) of that Regulation .
        These lists must bear a serial number so that they can be identified.^A reference
        to the serial number(s) of the list(s) of large containers containing the goods
        referred to in Article 1 (2) of Regulation (EEC) No 222/77 must be entered by the
        office of departure in the box reserved for customs use on copies Nos 2 , 3A and
        3B of the Community Transit Transfer Note opposite the symbol T1
3 . Article 501 ( 3 ) shall be put in square brackets .
                                          /Article 3
The period of application of Decision No 1 / 81 of the Joint Committee is hereby
extended until 30 June 1984    2-
                                           Article 4
This decision shall enter into force on 1 July 19B2 .
Done at Brussels ,                                  For the Joint Committee
                                                                                i