CELEX: 51975PC0066
Language: en
Date: 1975-02-27 00:00:00
Title: Recommendation for a DECISION OF THE COUNCIL on the negotiations of a legal instrument enabling the European Economic Community to become a Contracting Party to the Customs Convention on the International Transit of goods (ITI Convention) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 66
Vol. 1975/0025
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE SUROFBAN COMÈlUFm&>
                                                            COM(75)66 final
                                                            Brussels . 27 February 1975
                                 Recommendation for a
                                DECISION OF THE COUNCIL
                       on the negotiations of a legal instrument
                       enabling the European Economic Community
                    to "become a Contracting Party to the Customs
                      Convention on the International Transit of
                                goods ( ITI Convention )
                    ( submitted to the Council by the Commission)
  COIï(75J 66 final
 ---pagebreak---                                  E"3> Tj.f N/..T0Ry NOTE
 I.     Introduction
             The work begun in 1967 by the Customs Co-operation Council with
        a view to introducing a nevj Customs transit procedure designed specifically
        to facilitate the international transport of unitised loads of goods
        resulted in the draft Customs Convention on the International . Transit
        of Goods ( ITI Convention) done at Vienna 7 June 1971*
 II . General                                       m
             The ITI Convention applies to the international transport of goods
        loaded into transport units ( containers , road vehicles , railway wagons ,
        barges ...) approved for the transport of goods under Customs' seal on
        the territory of two or more Contracting Parties .- It is applicable
     ■ equally to transport operations carried throughout by a„ single means
        of transport and to those in which loaded containers are carried
        during the operation by different modes of transport .
             Thus tie Convention introduces customs procedures adapted to the
        speed of containerised transport .
III . Member States' attitude to the Convention
             The ITI Convention has not yet entered into force because it has
        not , as yet ; received a sufficient number of signatures or accessions
        without reservation of ratification .
             The nine Member States of the Community , although they took part
        as members of the C.C.C. in the work of drawing up the Convention ,
        have adopted a cautious approach prompted by the fact that there appears
        to be no pressing need in' international" commercial quarters - for this
    ■ new international customs transit procedure and that the guaranteeing
        chain j on essential condition of the new procedure , has not yet been'
      ■ set up.' ;           " =          *
 ---pagebreak---            The Commission considers that it is becoming more and more difficult
     to stand aloof from this Convention .                         "
           Politically . Member States as well as the Commission ( as observers )
     have fully co-operated in the drawing up of the Convention . Their joint
     action has meant , among other things , the adoption of provisions under which
     the Convention is applicable to Contracting Parties which form a Customs or
     Economic Union . Thus the third country members of the C,C.C. find it diffi­
     cult to understand the Community reservation against this Convention which ,
     bearing in mind the volume -of containerised traffic crossing the Community,
     means in practice that the ITI procedure is not used.                 i
           Economically i it should be emphasised that this Convention could be of
     interest to the Community in its commercial relations with non-European
     countries .                                           ...
           Finally the technical argument deriving from the non- exist ence of the
     guarantee system loses weight because there are grounds for thinking that the
     International Chamber of Commerce will succeed in the organisation of guaran­
     teeing chains .                               ' '
         . However , there are favourable developments within the- Community. All
     the delegations , at a meeting of the Economic Questions Group held on
     13 December to consider a letter sent by the Secretary General of the
     Customs Co-operation Council to the President of the Council of the Community
     on the question of accession by the Community to the ITI Convention , favoured
     accession by them as well as the Community to the said . Convention . Jut that
     raises a legal difficulty.
IV . Problem of accession to the ITI Convention by the Community
           The ITI Convention provides for- accession by State Members of the
     Customs Co-operation Council and State Members of the . United Nations or its
     specialised agencies and after its entry into force any State not a Member
     of the Organisations referred to above who has been invited to do so by the
     Secretary General of the Courucil at the request of the Contracting Parties .
 ---pagebreak---                                  - 3 -
Without prejudging the question of whether the transfer of certain
responsibilities by Member States has not already given the Community the
right to accede on . its own account , it is considered that the best
method of allowing such accession would be the adoption of appropriate
legal provisions . The Community could then inform the Secretary-General
of the CCC of its intentions and requirements in this field and could
negotiate a legal instrument which would enable it to become a Contrac­
ting Party to the Convention *
Conclusion.
   The Commission recommends the Council , under Article 113 of the EEC
Treaty to negotiate a legal instrument enabling the European Economic
Community to accede to the Customs Convention on the International Transit
of Goods ( ITI Convention ) done at Vienna, 7th June 1971 *
 ---pagebreak---                            Recommendation for a
                           DECISIOIT OF THE COUNCIL
                           on the negotiations of
                 a legal instrument enabling the European
               Economic Community to become a Contracting Party
           to the Customs Convention on the International Transit
                       of goods ( ITI Convention)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community
and in particular Article 113 5
Having regard to the Recommendation from the Commission ;
Whereas the work undertaken by the Customs Co-operation Council was concluded
in Vienna on 7th June 1971 by the Customs Convention on the International
Transit of Goods ( ITI Convention) 5
Whereas this Convention has not yet entered into force 5
Whereas this Convention could improve international trade 5
Whereas since the said Convention affects common customs law it is appropriate
that the Community should be able s taking account of the needs of the Customs
Union , to become a Contracting Party to the aforesaid Convention f
Whereas it is timely to insert in the text of the ITI Convention provisions
which expressly enable the European Economic Community to become a Contracting
Party 1 xvhereas to this end appropriate negotiations should be undertaken 5
HAS DECIDED :
                                 Sole Article
       The Commission is authorised to open negotiations with the Customs
Co-operation Council with a view to the insertion in the ITI Convention of
a legal instrument to enable the European Economic Community to accede there­
to .
       The Commission shall conduct these negotiations in consultation with the
speeial committee , for which provision is made in Article 113 "to assist
in this task .
Done at Brussels                                            For the Council
                                                            The President