CELEX: 51983PC0145
Language: en
Date: 1983-03-25
Title: Proposal for a COUNCIL REGULATI0N (EEC) on the application in the Community of Decision No 1/83 of the EEC-Switzerland EEC-Austria Joint Committee - Community transit - amending the Agreement between the European Economic Community and Switzerland and Austria on the application of the rules on Community transit#Draft DECISION NO 1/83 of the EEC-Switzerland EEC-Austria Joint Committee - Community transit - amending the Agreement between the European Economic Community and Switzerland and Austria on the application of the rules on Community transit (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 145
Vol. 1983/0042
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
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
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
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.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              C0MC83) K5 final
                                              Brussels, 25 March 1983
                              ProposaU1^ / a
                        CQUNCIL_BE6yLATI0N_(EEC)
    on the application in the Community of Decision No 1/83 of the
       EEC-Switzerland EEC-Austria Joint Committee - Community
        transit - amending the Agreement between the European
        Economic Community and Switzerland and Austria on the
             application of the rules on Community transit
                                  Draft
                            2i£ISI0N_N0_1/83
    of the EEC-Switzerland  EEC-Austria Joint Committee - Community
         transit - amending  the Agreement between the European
        Economic Community  and Switzerland and Austria on the
             application of  the rules on Community transit
              (submitted to the Council by the Commission)
  COM(83) 145 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
Subject: Application in the Community.of Decision No 1/83 of the
          EEC-Switzerland and EEC-Austria Joint Committees on Community
         transit
1. Council Regulation (EEC) No 222/77 on Community transit has been
   amended by Regulation (EEC) No 3617/82^ which introduces, in favour ·
   of guarantors, some easing of the conditions pertaining to the guarantee
   systems relating to Community transit. That amendment makes it
   necessary to amend Appendix III to the EEC-Switzerland and EEC-Austria
   Agreements on Community transit·^. That is the purpose of draft Decision
   No 1/83 of the Joint Committees.
2. It is suggested that the attached draft Decision be adopted by the
   Council as the Community's joint position within the EEC-Switzerland
   and EEC-Austria Joint Committees on Community transit.
3. Following the adoption of this act by the Joint Committees, it will
   have to be made applicable in the Community by a Council regulation,
   the draft of which is also attached.
 OJ No L 38, 9.2.1977, p. 1
 OJ No L 382, 31.12.1982, p. 6.
 OJ No L 294, 29.12.1972, pp. 2 and 87.
 ---pagebreak---                          Proposal for a
                    COUNCIL REGULATION (EEC)
on the application in the Community of Decision No 1/83 of the
   EEC-Switzetland EEC-Austria Joint Committee - Community
    transit - amending the Agreement between the European
    Economic Community and Switzerland and Austria on the
         application 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
Switzerland and 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;
Whereas the Joint Committee has decided to amend the specimen guarantee
documents in Appendix III to the Agreement;
Whereas the abovementioned amendments are the subject of Decision    No
1/83 of the Joint Committee; whereas it is necessary to adopt the
measures necessary for the implementation of that Decision,
HAS ADOPTED THIS REGULATION:
                                  Article 1
Decision No 1/83 of the EEC-Switzerland EEC Austria Joint Committee - Community
transit - amending the Aareement between the European Economic Community and
 Switzerland and 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 i t s publication
in the Official Journal of the European Communities.
This Regulation shall be binding in i t s entirety and directly applicable
in a ll Member States.
Done at Brussels,
                                             For the Council
                                             The President
  OJ No L 294, 29.12.1982, p.
 ---pagebreak---                                 Draft
                          DECISION NO 1/83
  of the EEC-Switzerland  EEC-Austria Joint Committee - Community
       transit - amending the Agreement between the European
      Economic Community  and Switzerland and Austria on the
           application of the rules on Community transit
THE JOINT COMMITTEE,
Having regard to the Agreement between the European Economic Community and
on the application of the rules on Community transit, and in particular Article
16(3)(a) thereof,
Whereas the specimen guarantee documents annexed to the Regulation on  Community
transit have been amended in order, in particular, to give guarantors  a certain
period in which to effect the payment of the amounts claimed; whereas  the specimen
guarantee documents in Appendix III to the Agreement must, therefore,  be amended
to take into account that amendment;
Whereas by Decision No 1/81 of the Joint Committee Appendix II to the Agreement
was so amended as to make provision for certain changes to the flat-rate guarantee
 system; whereas that Decision is applicable until 31 December 1983; whereas it has
 been found necessary to extend the application of that Decision beyond that date;
 whereas the term of validity of that Decision should, therefore, be extended;
 HAS DECIDED AS FOLLOWS:
                                 Article 1
 Specimens I to III in Appendix III to the Agreement are hereby replaced by the
 specimens annexed to this Decision.
                                 Article 2             '
 The validity of Decision No 1/81 of the Joint Committee,extended for the f i r s t
 time by Decision No 1/82, is hereby extended until 31 December 1985.
                                 Article 3
  This Decision shall enter into force on 1 January 1984.
  Done at Brussels,
                                              For the Joint Committee
                                                  The Chairman
 ---pagebreak---                                                             ANNEX
                                                       APPENDIX III
                                                       SPECIMEN I
                                              COMMUNITY TRANSIT
                                                        GUARANTEE
                   (Comprehensive guarantee covering several Community transit operations)
I.     UNDERTAKING BY THE GUARANTOR
       1.     The undersigned ..................................................................................................... (')
              resident at ........................................ ...................................................................... (2!
               hereby jointly and severally guarantees, at the office of gurantee o f ..............................
               up to a maximum amount o f ................................................... in favour of the King­
               dom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hel­
               lenic Republic, the French Republic, Ireland, the Italian Republic, the Grand Duchy of
               Luxembourg, the Kingdom of the Netherlands, the United Kingdom of Great Britain
               and Northern Ireland the Republic of Austria and the Swiss Confederation
               any amount for which a principal ................................................... (4) may be or
               become liable to the abovementioned States by reason of infringements or irregularities
               committed in the course of a Community transit operation carried out by that person,
               including duties, taxes, agricultural levies and other charges — with the exception of
               pecuniary penalties — as regards principal or further liabilities, expenses and inciden-
             ' tals.
        2% The undersigned undertakes to pay upon the first application in writing by the compe­
                tent authorities of the States referred to in paragraph 1 and without being able to defer
                payment beyond a period of 30 days from the date of application the sums requested up
                to the limit of the abovementioned maximum amount, unless he or she or any other
                person concerned establishes before the expiry of that period, to the satisfaction of the
                competent authorities, that the Community transit operation was conducted without
                any infringement or irregularity within the meaning of paragraph 1.
                The competent authorities may, upon request of the undersigned and for any reasons
                recognized to be valid, defer the period within which the undersigned is obliged to pay
                 the requested sums beyond a period of 30 days from the date of application for pay­
                 ment. The expenses incurred, from granting this additional period, and in particular any
                 interest, must be calculated in such a way that the amount is equivalent to that which
                 would be charged to that end on the money market or financial market in the State con­
                 cerned.
                 This amount may not be reduced by the sums already paid in pursuance of this under­
                 taking unless recourse is had to the undersigned in respect of a Community transit oper-
            . ation which began before the receipt of the earlier application for payment or during the
                 30 days following that receipt.
         3.      This undertaking shall be valid from the day of its acceptance by the office of guaran­
                 tee.
                 This guarantee may be cancelled at any time by the undersigned, or by the State in the
                  territory of which the office of guarantee is situated.
                  The cancellation shall take effect on the 16th day after notification thereof to the other
                  party.
   (r) Surname and forenames, or name of firm.
   (2) Full address.
   (■’) Delete the name of any State or States of which the territory will not be used.
   (4) Surname and forenames, or name of firm, and full address of the principal.
 ---pagebreak---                                                     -    2   -
           The undersigned shall remain responsible for payment of the sums which become pay­
           able in respect of Community transit operations covered by this undertaking which began
           before the date on which the cancellation took effect, even if the demand for payment is
           made after that date.
    4.     For the purpose of this undertaking the undersigned gives his address for service (') as
          ................................................... (2) and, in each of the other States referred to in para­
          graph 1, as care of:
                     State                           Surname and forenames, or name of firm, and full address
                                                                                                                            -
                                                 ................................................. J;      .....................................
                                                                                          ■           i, y ;
            The undersigned acknowledges that all correspondence and notices and any formalities
            or procedures relating to this undertaking addressed to or effected in writing at one of
            his addresses for service shall be accepted and duly delivered to him.
            The undersigned acknowledges the jurisdiction of the courts of the places where he has
            an address for service.                                                        ’1r - i c r n > ? r . C · ·                           1
            The undersigned undertakes to maintain his addresses for service or, if he has to alter
            one or more of those addresses, to inform the office of guarantee in advance.
                                                       Done at ........................... . . ., on .............................. ..
                                                                                                Signature (3)
II. ACCEPTANCE BY THE OFFICE OF GUARANTEE
      Office of guarantee .......................
       Guarantor’s undertaking accepted on
                                                                                                   Stamp and signature
 (1> if, in the law of the State, there is no provision for address for service the guarantor shall appoint, in each
       of the States referred to in paragraph 1, an agent authorized to receive any communications addressed to
       him. The courts of the places in which the addresses for service of the guarantor or of his agents are
       situated shall have jurisdiction in disputes concerning this guarantee. The acknowledgement in the
       second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to
       correspond.
 (’) Full address.
 (’) The signature must be preceded by the following in the signatory’s own handwriting: ‘Guarantee for the
       amount o f..........................with the amount written out in full.
 ---pagebreak---                                                                   - 3-
                                                       SPECIMEN II
                                               COMMUNITY TRANSIT
                                                        GUARANTEE
                       (Guarantee covering a single Community transit operation)
  UNDERTAKING BY THE GUARANTOR
  1.    The undersigned .......................................................... ........................................... (')
        resident at .......................................... ....................................................................(2)
        hereby jointly and severally guarantees, at the office of departure of
        ................................................... in favour of the Kingdom of Belgium, the Kingdom
        of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French
         Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom
        of the Netherlands, the United Kingdom of Great Britain and Northern Ireland,
        the Republic of Austria and the Swiss Confederation G),
        any amount for which a principal ................................................... (4) may be or
        become liable to the abovementioned States by reason of infringements or irregularities
        committed in the course of a Community transit operation carried out by that person
        from the office of departure of ....................................................................................
        to the office of destination of .................................                  .......................................
         in respect of the goods designated hereinafter, including duties, taxes, agricultural levies
         and other charges — with the exception of pecuniary penalties — as regards principal or
         further liabilities, expenses and incidentals.
  2.     The undersigned undertakes to pay upon the first application in writing by the compe­
         tent authorities of the States referred to in paragraph 1 and without being able to defer
         payment beyond a period of 30 days from the date of application the sums requested
         unless he or she or any other person concerned establishes before the expiry of that
         period, to the satisfaction of the competent authorities, that the Community transit
         operation was conducted without any infringement or irregularity within the meaning of
         paragraph 1.
         The competent authorities may upon request of the undersigned and for any reasons
         recognized to be valid defer the period within which the undersigned is obliged to pay
         the requested sums beyond a period of 30 days from the date of application for pay­
         ment. The expenses incurred, from granting this additional period, and in particular any
         interest, must be calculated in such a way that the amount is equivalent to that which
         would be charged to that end on the money market or financial market in the State con­
         cerned.
  3.     This undertaking shall be valid from the day of its acceptance by the office of departure.
  4.      For the purposes of this undertaking, the undersigned gives his address for service (5) as
                                                             (2)and, in each of the other States referred to in para­
         graph 1, as care of:
) Surname and forenames, or name of firm.
) Full address.
) Delete the name of any State or States of which the territory is not to be used.
) Surname and forenames, or name of firm, and full address of the principal.
) If, in the law of the State, there is no provision for address for service, the guarantor shall appoint, in each
   of the States referred to in paragraph 1, an agent authorized to receive any communications addressed to
   him. The courts of the places in which the addresses for service of the guarantor or of his agents are
   situated shall have jurisdiction in disputes concerning this guarantee. The acknowledgement in the
   second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to
   correspond.
 ---pagebreak---                                                       - 4-
                 State                        Surname and forenames, or name of firm, and full address
                                                    '
                                                                                     ’
                                                                                                                           ,
         The undersigned acknowledges that all correspondence and notices and any formalities
         or procedures relating to this undertaking addressed to or effected in writing at one of
         his addresses for service shall be accepted as duly delivered to him.
         The undersigned acknowledges the jurisdiction of the courts of the places where he has
         an address for service.
         The undersigned undertakes to maintain his addresses for service, or, if he has to alter
         one or more of those addresses, to inform the office of guarantee in advance.
                                               Done at ,:.................................. on.....................................
                                                   -adertai
                                                ' ' · · ■■?■.£{,.·.’<5 '-V.’o' Uli’
                                                                                    Signature (')
II. ACCEPTANCE BY THE OFFICE OF DEPARTURE
                                                                -••a his. address··'
     Office of departure................... K-.mAKm.the o f f i c i i . , ' ' . .......................
     Guarantor’s undertaking accepted on ................................................................to cover the
     Community transit operation under T 1/T 2 (2), issued on ...................................................
     under N o...................................................
                                                                                     Stamp and signature
 (') The signature must be preceded by the following in the signatory’s own handwriting: ‘Guarantee’.
 (2) Delete as appropriate.
 ---pagebreak---                                                                           - 5-
                                                                   yt
                                                      SPECIMEN III
                                              COMMUNITY TRANSIT
                                                        GUARANTEE
                                              (Flat-rate guarantee system)
I.     UNDERTAKING BY THE GUARANTOR
       1.     The undersigned ......................................................................................................(')
              resident at .............................................................................................................. (2)
              hereby jointly and severally guarantees, at the office of guarantee o f ............................
               in favour of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic
              of Germany, the Hellenic Republic, the French Republic, Ireland, the Italian Republic,
              the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the United King-
            . dom of Great Britain and Northern Ireland*any amount for which a principal may *                                               the Republic OT
               become liable to the abovementioned States by reason of infringements or irregularities                                       Austria and the
               committed in the course of a Community transit operation including duties, taxes, agri-                                       SWISS Confederation
               cultural levies and other charges — with the exception of pecuniary penalties — as
               regards principal or further liabilities, expenses and incidental charges with regard to
               which the undersigned has agreed to be responsible by the issue of guarantee vouchers
               up to a maximum amount of 7 000 ECU per guarantee voucher.
       2.      The undersigned undertakes to pay upon the first application in writing by the compe­
               tent authorities of the States referred to in paragraph 1 and without being able to defer
                payment beyond a period of 30 days from the date of application in the sums requested
                up to 7 000 ECU per guarantee voucher, unless he or she or any other person concerned
                establishes before the expiry of that period, to the satisfaction of the competent auth­
                orities, that the Community transit operation was conducted without any infringement
                or irregularity within the meaning of paragraph 1.
                The competent authorities may upon request of the undersigned and for any reasons
                recognized to be valid, defer the period within which the undersigned should pay the
                requested sums beyond a period of 30 days from the date of application for payment.
                The expenses incurred, from granting this additional period, and in particular any
                interest, must be calculated in such a way that the amount is equivalent to that which
                would be charged to that end on the money market or financial market in the State con­
                 cerned.
        3.       This undertaking shall be valid from the day of its acceptance by the office of guaran­
                 tee.
                 This guarantee may be cancelled at any time by the undersigned, or by the State in the
                 territory of which the office of guarantee is situated.
                 The cancellation shall take effect on the 16th day after notification thereof to the other
                 party.
                 Tne undersigned shall remain responsible for payment of the sums which become pay­
                  able in respect of Community transit operations covered by this undertaking which began
                 before the date on which the cancellation took effect, even if the demand for payment is
                  marie after that date.
        4.        For the purpose of this undertaking, the undersigned gives his address for service (3) as
                                                             (2) and, in each of the other States referred to in para­
                 graph I, as care of :
   (')   Surname and forenames, or name of firm.
   (2)   Full address.
   (3)    If, in the law of a State, there is no provision for giving addresses for service, the guarantor shall appoint,
         in each of the States referred to in paragraph 1, an agent authorized to receive any communications
         addressed to him. The courts of the places in which the addresses for service of the guarantor or of his
         agents are situated shall have jurisdiction in disputes concerning the guarantee. The acknowledgement in
         the second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to
         correspond.
 ---pagebreak---                                                     -6      -
                State                   Surname and forenames, or name of firm, and full address
         The undersigned acknowledges that all correspondence and notices and any formalities
         or procedure relating to this undertaking addressed to or effected in writing at one of his
         addresses for service shall be accepted as duly delivered to him.
         The undersigned acknowledges the jurisdiction of the courts of the places where he has
         an address for service.
         The undersigned undertakes to maintain his addresses for service, or, if he has to alter
         one or more of those addresses, to inform the office of guarantee in advance.
                                                       Done at ............................ on ...........................
                                                                                      Signature (')
II. ACCEPTANCE BY THE OFFICE OF GUARANTEE
     Office of guarantee ............................................................................................................
     Guarantor’s undertaking accepted on ................................................................... ...........
                                                                                 Stamp and signature
 (i) The signature must be preceded by the following in the signatory's own handwriting: ‘Guarantee’.