CELEX: 51982PC0046
Language: en
Date: 1982-02-11
Title: Draft RECOMMENDATION No 1/82 OF THE EEC-AUSTRIA AND EEC-SWITZERLAND JOINT COMMITTEES Community transit regarding the amendment of the Agreement between the European Economic Community and Austria and the European Economic Community and Switzerland on the application of the rules on Community transit#Proposal for a COUNCIL REGULATION (EEC) concerning 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 Austria and the European Economic Community and Switzerland on the application of the rules on Community transit (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (82) 46
Vol. 1982/0017
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(82)46 final
                                                         Brussels ^ 11 February 1982
                                        - Draft
                               RECOMMENDATION No ^/82
             OF THE EEC-AUSTRIA AND EEC-SWITZERLAND JOINT COMMITTEES
                                  Community transit
 regarding the amendment of the Agreement between the European Economic
Community and Austria and the European Economic Community and Switzerland
              on the application of the rules on Community transit
                                      f  y
                                   Proposal for a
                              COUNCIL REGULATION ( EEC )
concerning 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 Austria and the European Economic Community and Switzerland
               on the application of the rules on Community transit
                   ( submitted to the Council by the Commission )
 COM ( 82 ) 46 final
 ---pagebreak---                                            I
                                                                              »
                              EXPLANATORY MEMORANDUM
                                                                           «
 Subject:   Application in the Community of Recommendation No 1 /82 of the EEC-Austria
            and EEC-Switzerland Joint Committees on Community transit to amend the
            agreements on transit.
                                                                     !   I
 1 . A draft amendment to the Agreements between the EEC and Switzerland and between
     the EEC and Austria * is shortly to be submitted to the EEC-Switzerland and EEC-
     Austria Joint Committees on Community transit. The purpose of the amendment is to
     allow Community goods to move under cover of a TIR carnet in application of the
     Agreements under the same conditions as between Member States of the Community.
2. This is the subject of the attached draft Recommendation of the Joint Committees. It
     is proposed that the draft be adopted as the Community's common position within the
     EEC-Austria and EEC-Switzerland Joint Committees on Community transit.
3. Once this Recommendation has ben adopted by the Joint Committees , a Council
     Regulation will be needed to made it applicable in the Community; the draft is
     attached hereto .
1 OJ No L 294, 29.12.1972, pp. 1 and 86.
 ---pagebreak---                                      Draft
                            RECOMMENDATION No 2/81
                                  OF THE EEC -
                                JOINT COMMITTEE
                               Community transit
            regarding the amendment of t he _Ag reement between the
            European Economic Community and           on
            the application of the rules on Community transit
 THE JOINT COKMITTEE .
 Having regard to the Agreement between the European Economic Community and
            on the application of the rules on Community transit , and in
 particular Article l6(?)(a ) thereof ;
 Whereas Article 6(4 ) of the Agreement does not rermit , in principle , the
 issue of T?L documents for goods transported under the TIR procedure ;
 Whereas this provision prevents the issue of the abovementioned documents -
 111 cases where Community goods are dispatched under the TIR procedure from
 Austria/Switzerland , via a third country , to a Member State , or vice-versa ;
 Whereas , however , under the applicable Community rules , trade between two
            Member States via a third country may be effected under the TIR
 procedure and T?L documents may be issued ;
 Whereas , in the interests of equality of treatment , the issue of T2L
 documents should be permitted in cases to which the Agreement applies ; whereas
 Article 6(4 ) of the Agreement should be amended accordingly ;
 RECOMMENDS that the Contracting Parties to the Agreement ;
emended the said Agreement , with effect from 1 July 1983 , as suggested in
 the proposal attached to this Recommendation ;
 inform one another through em exchange of letters that they accent this
 Recommendation ,
 D&re at            • on
 For the Joint Committee
 The President
 ---pagebreak---                                                              ANNEX
                                    Proposal
                    concerning the amendment of the Agreement
                    between the European Economic Community and
                              on the application of the rules on
                    Community transit
Artie lo 6 ( 4 ) of the Agreement between the European Economic Community and
             on the application of the rules of Community transit shall be
replaced by the following :
" A. Customs offices may not issue T2L documents for goods carried under the
procedure for the international transport of goods under cover of TIR
carnetn unless    :
    – ;;oods to be unloaded in the territory of one of the Contracting
      Parties are carried together with goods to be unloaded in the
      territory of a State which is not a Contracting Party to the
      A^eement ,    or
    - goods are carried from one Contracting Party to the other via the
      territory of a non-contracting Party to the Agreements concluded
      by the Community on the application of the rules 011 Community transit .
 ---pagebreak---                                      PROPOSAL FOR A
                                  Council Regulation (EEC)
                               •l                                                    i
                                ?
           concerning 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                      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,
Haying regard to the proposal from the Commission,
   «                       !
   <                       i
Whereas the Agreement in the form of an exchange of letters on the amendment of the
Agreement between the European Economic Community and                              on the
application of the rules on Community transit * should be approved; whereas the proposed
amendment is the subject of Recommendation No 1 /82 of the EEC/                     Joint
Committee on Community transit;
Whereas the purpose of the amendment is to permit T2L documents to be issued where
Community goods are dispatched, under cover of a TIR cafrnet, from Austria or
Switzerland via the territory of a third country to a Member State or vice versa; whereas
it is necessary to take the measures which the application in the Community of th
provision requires ,
HAS ADOPTED THIS REGULATION :
1 OJ NoL 294, 29.12.1972, p
 ---pagebreak---                                                                                            5
                                           - 2 -
                                         Article 1
The Agreement in the form of an exchange of letters on the amendment of the Agreement
between the European Economic Community and                on the application of the rules
on Community transit is hereby approved on behalf of the Community.
The text of the Agreement is given in the annex.
                                         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
This Regulation shall enter into force on the day following that of 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                                          For the Council
 ---pagebreak---                                          ANNEX
                                       AGREEMENT
in the form of an exchange of letters on the amendment of the Agreement between the
European Economic Community and                           on the application of the rules on
Community transit
                                                  Brussels,
Your Excellency,
The EEC-                       Joint Committee on Community transit has proposed, in its
Recommendation No 1 /82 of                      an amendment to the Agreement between
the European Economic Community and                       on the application of the rules on
Community transit. The proposed amendment is annexed hereto. I have the honour to
inform you that the Community agrees to this amendment and I would propose that it
enter into force on 1 July 1983. 1 should be grateful if you would confirm the agreement
of                     to the amendment and to the date proposed for its entry into force.
I have the honour to be, Sir ,
Yours faithfully,
                                                                      V
                                                  For   the   Council   of  the   European
                                                  Communities
 ---pagebreak---                                          ANNEX
                                         {
                                                   Brussels,
 Sir ,
 I have the honour to acknowledge receipt of your letter of today, which reads as follows:
                                                                            !
 "The EEC-                   Joint Committee on Community transit has proposed, in its
 Recommendation No 1/82 of                  , an amendment to the Agreement between the
 European Economic Community and                          on the application of the rules on
 Community transit. The proposed amendment is annexed hereto. I have the honour to
 inform you that the Community agrees to this amendment and I would propose that It
enter into force on 1 July 198S I should be grateful if you would confirm the agreement
of                 to the amendment and to the date proposed for its entry into force."
I have the honour to confirm the agreement of                 to the contents of your letter
and to the date proposed for the entry into force of the amendment.
I have the honour to be, Sir,                          .      |
Yours faithfully ,
                                                  For
                                                                                    *