CELEX: 21973D1231(14)
Language: en
Date: 1973-12-27 00:00:00
Title: Decision No 2/73 of the EEC-Switzerland Joint Committee amending the Appendices to the Agreement

31 . 12 . 73                         Official Journal of the European Communities                      No L 365 /209
                                 DECISION No 2/73 OF THE JOINT COMMITTEE
                                       amending the Appendices to the Agreement
             THE JOINT COMMITTEE,
             Having regard to the Agreement between the European Economic Community and the
             Swiss Confederation on the application of the rules on Community transit, signed in
             Brussels on 23 November 1972, and in particular Articlc 16 (3) thereof ;
             Whereas the rules on Community transit have been amended by the Act concerning the
             Conditions of Accession and the Adjustments to the Treaties as well as by different
             regulations of the Council and the Commission ;
             Whereas these provisions will also affect the trade with Switzerland and accordingly must
             be taken into account in the Agreement ; whereas the Appendices of the aforesaid Agree­
             ment should be amended ,
             HAS DECIDED :
                                                         Article 1
             The Appendices to the Agreement between the European Economic Community and the
             Swiss Confederation on the application of the rules on Community transit are amended
             as follows :
             1 . Appendix I
                 Regulation on Community transit
                 (a) The footnote to the title of the Appendix shall be replaced as follows :
                     '(1) Modified by Regulation (EEC) No 1079/71 of 25 May 1971 , Regulation (EEC)
                           No 2719/72 of 19 December 1972, Regulation (EEC) No 2720/72 of 19 Decem­
                           ber 1972 and the Act concerning the Conditions of Accession and the Adjust­
                           ments to the Treaties of 22 January 1972.'
                 (b) Article 1 (2) and (3) shall be replaced as follows :
                     '2.    The procedure for external Community transit shall apply to movement of
                     the following goods :
                     (a) goods which do not satisfy the conditions laid down in Articles 9 and 10 of the
                          Treaty establishing the European Economic Community,
                     (b) goods which, though satisfying the conditions laid down in Articles 9 and 10
                          of the Treaty establishing the European Economic Community, have been sub­
                         ject to customs export formalities for the grant of refunds for export to third
                         countries under the common agricultural policy,
                     (c) goods coming under the Treaty establishing the European Coal and Steel Com­
                         munity which under the terms of that Treaty arc not in circulation in the
                         Community.
 ---pagebreak--- No L 365 /210                       Official Journal of the European Communities                          31 . 12. 73
                   3 . The procedure for internal Community transit shall apply to movement of the
                   following goods, if they are subject to customs, tax, economic or statistical mea­
                   sures or any other measures relating to trade :
                                                                                 f
                   (a) goods which satisfy the conditions laid down in Articles 9 and 10 of the Treaty
                        establishing the European Economic Community (hereinafter called "Commu­
                        nity goods"), except the goods referred to in paragraph 2 (b),
                   (b) goods coming under the Treaty establishing the European Coal and Steel
                        Community which under the terms of that Treaty are in free circulation within
                        the Community.'
              (c) Article 11 (d) shall be replaced as follows :
                   '(d) "office of transit" means :
                         — the customs office at the point of entry into a Member State other than the
                             Member State of departure,
                         — also the office at the point of exit from the Community when the consignment
                             is leaving the customs territory of the Community in the course of a Commu­
                             nity transit operation via a frontier between a Member State and a third
                             country.'
              (d) Article 11 (g) shall be replaced as follows :
                   '(g) "internal frontier" means a frontier common to two Member States. Goods
                         loaded in a seaport of a Member State and unloaded in a seaport of another
                         Member State shall be deemed to have crossed an internal frontier provided
                         that the sea crossing is covered by a single transport document.
                         Goods coming from a third country by sea and transhipped in a seaport of a
                         Member State with a view to unloading in a seaport of another Member
                         State shall not be deemed to have crossed an internal frontier.'
              (e) A new paragraph, worded as follows, shall be inserted in Article 41 :
                   '[3. The provisions of paragraph 1 shall likewise apply to goods crossing an
                   internal frontier in accordance with the second subparagraph of Article 11 (g).]'
               (f) Article 44 shall be replaced as follows :
                   'Article 44
                   [1 . Notwithstanding the provisions of Article 4, goods the transport of which
                   involves crossing an internal frontier within the meaning of the1 second subparagraph
                   of Article 11 (g) need not be placed under the Community transit system before
                   crossing the said frontier.
                   2.     The provisions of paragraph 1 shall not apply :
                   — where goods are subject to Community measures entailing control of their use or
                       destination ; or
                   — where the transport operation is to end in a Member State other than that in
                       which the port of unloading is situated, save where transport beyond that port
                       is to be effected, in pursuance of the second subparagraph of Article 7 (2), under
                       the Rhine Manifest procedure.]
 ---pagebreak--- 31 . 12. 73                      Official Journal of the European Communities                           No L 365 /211
                 3 . Where goods have been placed under the Community transit system before
                 crossing the internal frontier, the effect of that system shall be suspended during
                 the crossing of the high seas.
                 4.    No guarantee need be lodged in respect of the transport of goods by sea.'
            (g) In Article 47, the words ' . . . pursuant to the provisions of the second subpara­
                 graph of Article 44 (x)' shall be replaced by :
                 'pursuant to the provisions of Article 44.'
            (h) Article 52 shall be replaced by the following :
                 '/Article 52
                 Until the Council, on a proposal from the Commission, has laid down provisions
                 on the standardization of transit statistics :
                 (a) the office of departure shall, without delay, send a copy of that copy of the
                     T1 or T2 document returned to it by the office of destination to the service
                     of the Member State of departure responsible for external trade statistics ; the
                     latter copy shall contain all the necessary data for the statistical recording of
                     the Community transit operation in all the Member States involved therein ;
                 (b) the office of destination shall, without delay, send a copy of that copy of the
                     T1 or T2 document that it retains to the service of the Member State of destina­
                     tion responsible for external trade statistics ; the latter copy shall contain all
                     the necessary data for the statistical recording of the Community transit opera­
                     tion in all the Member States involved therein ;
                 (c) the service in the Member State of departure responsible for external trade
                     statistics shall without delay forward the data in the copy of the T1 or T2
                     document sent to it as provided for in (a) above to the services responsible
                     for external trade statistics in the other Member States involved in the Commu­
                     nity transit operation, with the exception of the Member State of destination.]'
             (i) Article 58 shall be replaced by the following :
                 YArticle 58
                 1 . The procedure laid down in paragraphs 2 and 3 shall be followed for the
                 adoption of the provisions necessary :
                 (a) for the application of Articles 2, 4, 7, 8 , 9, 32, 34, 35, 41 , 45 , 55 and 60 ;
                 (b) for the institution of the Community transit procedure so that certain Commu­
                     nity measures entailing control of the use or destination of the goods may be
                     applied ;
                 (c) for the simplification of formalities under the Comn^inity transit procedure, in
                     particular in internal Community transit, or for their adaptation to require­
                     ments arising from the particular nature of certain goods ;
                 (d) for the extension of the periods at the end of which Article 7 (2), Article 15 ( 1 ),
                     Article 41 (2) and Article 55 shall no longer apply, which periods must not be
                     extended to more than double those prescribed by those Articles.
                 2. The representative of the Commission shall submit to the Committee a draft
                 of the provisions to be adopted. The Committee shall deliver an opinion on the
                 draft within a time limit set by the Chairman having regard to the urgency of the
 ---pagebreak--- No L 365 /212                        Official Journal of the European Communities                          31 . 12. 73
                     matter. Decisions shall be taken by a majority of forty-one votes, the votes of the
                     Member States being weighted as provided in Article 148 (2) of the Treaty. The Chair­
                     man shall not vote.
                     3 . (a) The Commission shall adopt the provisions envisaged if they are in accor­
                             dance with the Opinion of the Committee.
                         (b) If the provisions envisaged are not in accordance with the Opinion of the
                             Committee, or if no opinion is delivered, the Commission shall without
                    0        delay submit to the Council a proposal with regard to the provisions to be
                             adopted. The Council shall act by a qualified majority.
                         (c) If, within three months of the proposal being submitted to it, the Council
                             has not acted, the proposed provisions shall be adopted by the Commission.]'
            2. Appendix II
                Regulation on declaration forms for Community transit
                (a) The footnote to the title of the Appendix shall be replaced by the following :
                     '(1) Modified by Regulation (EEC) No 595/71 of 22 March 1971 and the Act
                          concerning the Conditions of Accession and the Adjustments to the Treaties
                          of 22 January 1972.'
                (b) The initials 'E.C. ' and 'E.F.' shall be inserted in the heading of the form in the
                     Annex.
            3 . Appendix III
                Regulation on the procedure for operating the flat-rate guarantee system provided for
                in Article 32 of Regulation (EEC) No 542/69 on Community transit
                (a) The footnote to the title of the Appendix shall be replaced by the following text:
                     '(1) Modified by Regulation (EEC) No 2570/69 of 22 December 1969, Regulation
                          (EEC) No 1031/70 of 1 June 1970 and the Act concerning the Conditions of
                          Accession and the Adjustments to the Treaties of 22 January 1972.'
                (b) The initials 'E.C. ' and 'E.F. ' shall be inserted in the heading of the form in the
                     Annex.
            4. Appendix IV
                Regulation on the notification to interested parties of information relating to the pro­
                gress of Community transit operations with which they are concerned
                (a) Appendix heading. After ' 19 November 1969' and before the dash insert : t (1)'.
                (b) Add the following footnote :
                     '(*) Modified by the Act concerning the Conditions of Accession and the Adjust­
                          ments to the Treaties of 22 January 1972.'
                 (c) The initials 'E.C.' and 'E.F.' shall be inserted in the heading of the form in the
                     Annex.
                                      <
                (d) The words
                     'RECEIPT' and 'ANKOMSTBEVIS' shall be inserted in the title of that form.
 ---pagebreak--- 31 . 12. 73                         Official Journal of the European Communities                       No L 365 /213
            5. Appendix V
               Regulation on the internal Community transit document for certifying the Community
               nature of goods
                (a) The footnote shall be replaced as follows :
                     '(1) Modified by Regulation (EEC) No 595/71 of 22 March 1971 and Regulation
                          (EEC) No 690/73 of 9 March 1973 and the Act concerning the Conditions
                          of Accession and the Adjustments to the Treaties of 22 January 1972.'
               (b) In Article 5 (3) the words 'ISSUED RETROACTIVELY' and 'UDSTEDT
                    EFTERF0LGENDE' shall be inserted after 'Achteraf afgegeven'.
                (c) The following subparagraph shall be inserted at the end of Article 8 (1 ) :
                     'For the application of the preceding subparagraph, goods loaded in a seaport of
                     a Member State for unloading in a seaport of another Member State shall be deem­
                    ed not to have left the customs territory of the Community provided that the
                    sea crossing is covered by a single transport document.' -
               (d) The initials 'E.C. ' and 'E.F. ' shall be inserted in the heading of the form in the
                    Annex.
            6. Appendix VI
               Regulation on the forms for transit advice notes provided for under the Community
               transit system                                                                   '
               (a) Appendix heading. After ' 19 November 1969' and before the dash insert '(1)'.
               (b) Add the following footnote :
                    *(x) Modified by the Act concerning the Conditions of Accession and the Adjust­
                          ments to the Treaties of 22 January 1972.'
                (c) The initials 'E.C. ' and 'E.F. ' shall be inserted in the heading of the form in the
                    Annex.
               (d) The words 'TRANSIT ADVICE NOTE' and 'GR/ENSEOVERGANGSATTEST'
                    shall be inserted in the heading of that form.
            7. Appendix Vll
               Regulation establishing the list of airlines which are exempt from providing the gua­
               rantee required within the framework of the Community transit system
               (a) The footnote shall be replaced by :
                    '(*) List revised by Regulation (EEC) No 2625/73 of 26 September 1973 .'
               (b) The list annexed to the Appendix is replaced by the list annexed to this Decision.
 ---pagebreak--- No L 365 /214                            Official Journal of the European Communities                            31 . 12 . 73
            8 . Appendix VIII
                Regulation on simplifying Community transit procedures for goods carried by
                railways
                (a) Appendix heading. After ' 11 February 1971' and before the dash insert c (1)'.
                (b) Add the following footnote to that page :
                      '(1) Modified by the Act concerning the Conditions of Accession and the
                           Adjustments to the Treaties of 22 January 1972.'
                (c) Article 5 shall be replaced as follows :
                      'Article 5
                      The railway administrations shall ensure that for transport operations effected under
                      the Community transit system labels bearing the following inscription are used :
                      'Douane/Zoll/Dogana/Customs/Told'. The labels shall be affixed to the Consign­
                      ment Note or to the Express Parcels Consignment Note and also to the railway
                      wagon in the case of a complete load or to the parcel or parcels in other cases.'
            9. Appendix X
                A. Specimen I—Comprehensive guarantee
                     (a) The initials 'E.C. ' and 'E.F. ' shall be inserted in the heading of the specimen.
                    (b) Part 1 ( 1) of the specimen shall be replaced as follows :
                           ' 1 . The undersigned                                                             (*)
                                 resident at                                                                 (2)
                                 hereby jointly and severally guarantees, at the office of guarantee of
                                 in favour of the Kingdom of Belgium, the Kingdom of Denmark, the
                                 Federal Republic of Germany, the French Republic, Ireland, the Italian
                                 Republic, the Grand Duchy of Luxembourg, the Kingdom of the Nether­
                                 lands, the United Kingdom of Great Britain and Northern Ireland (3) and
                                 the Swiss Confederation, the amounts for which the 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, agricul­
                                 tural levies and other charges — with the exception of pecuniary penalties
                                 — as regards principal or further liabilities, expenses and incidentals.'
                    (c) The serial numbers before the lines in Part I, paragraph 4 shall be deleted.
                B. Specimen II — Individual guarantee
                    (a) The initials 'E.C. ' and 'E.F. ' shall be inserted in the heading of the specimen.
 ---pagebreak--- 31 . 12. 73                        Official Journal of the European Communities                         No L 365 /215
               (b) Part I ( 1) of the specimen shall be replaced as follows :
                    ' 1 . The undersigned                                                              (x)
                          resident at                                                                  (2)
                          hereby jointly and severally guarantees, at the office of guarantee of
                          in favour of the Kingdom of Belgium, the Kingdom of Denmark, the
                          Federal Republic of Germany, the French Republic, Ireland, the Italian
                          Republic, the Grand Duchy of Luxembourg, the Kingdom of the Nether­
                          lands, the United Kingdom of Great Britain and Northern Ireland (3) and the
                          Swiss Confederation, the amounts for which the 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 hereafter, including duties, taxes, agricul­
                          tural levies and other charges — with the exception of pecuniary penalties
                          — as regards principal or further liabilities, expenses and incidentals.'
                (c) The serial numbers before the lines in Part I, paragraph 4 are deleted .
            C. Specimen III — Flat-rate guarantee system
               (a) The initials 'E.C. ' and 'E.F. ' shall be inserted in the heading of the specimen.
               (b) Part I ( 1 ) of the specimen shall be replaced as follows :
                    ' 1 . The undersigned                                                             (1)
                          resident at                                                                 (2)
                          hereby jointly and severally guarantees , at the office of guarantee of ......
                          in favour of the Kingdom of Belgium, the Kingdom of Denmark, the
                          Federal Republic of Germany, the French Republic, Ireland, the Italian
                          Republic, the Grand Duchy of Luxembourg, the Kingdom of the Nether­
                          lands , the United Kingdom of Great Britain and Northern Ireland , the Swiss
                          Confederation any amounts for which a principal may become liable to the
                          abovementioned States by reason of infringements or irregularities com­
                          mitted in the course of a Community transit operation including duties,
                          taxes, agricultural levies and other charges — with the exception of pecu­
                          niary 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 5 000 units of account per voucher.'
               (c) The serial numbers before the lines in Part I, paragraph 4 shall be deleted .
            D. Specimen IV — Guarantee certificate
               The initials 'E.C.' and 'E.F.' shall be inserted in the heading of the specimen.
 ---pagebreak--- No L 365 /216                       Official Journal of the European Communities                 31 . 12. 73
                                                       Article 2
            Article 13 (1 ) of the Agreement shall be amended as follows :
            (a) Heading, Appendix I :
                After 'Article 41' insert 'Article 44 (1) (2)';
            (b) Last subparagraph :
                After '41 ' insert '44 (1 ) (2)'.
                                                        Article 3
            This Decision shall enter into force on 1 January, 1974.
            Done at Brussels, 4 December 1973 .
                                                                         For the Joint Committee
                                                                               The President
                                                                                 K. PINGEL
                             The Secretaries
                     H. DIEZLER             S. MEILI
 ---pagebreak--- 31 . 12. 73                           Official Journal of the European Communities                    No L 365 /217
                                                          ANNEX
                    List of airline companies to which the Community transit guarantee waiver applies
            Aer Lingus Teoranta (Irish International), Dublin
            Aero-Dienst GmbH, Nurnberg
            Aeroflot-Soviet Airlines, Moskwa
            Aerolíneas Argentinas, Buenos Aires
            Aerolinee Itavia, SpA, Roma
            Aer Turas, Dublin
            African Safari Airways, Nairobi
            Air Afrique Abidjan
            Air Algérie ( Compagnie nationale de transports aériens Air Algérie), Alger
            Air Anglia Ltd, Norwich
            Air Canada, Montreal
            Air Ceylon Ltd, Colombo
            Air France, Paris
            Air Freight Ltd, Ashford
            Air India, Bombay
            Air Inter, Paris
            Airlift International Inc, Miami
            Air Madagascar (Societe nationale malgache de transports aériens), Tananarive
            Air-Mali, Bamako
            Air Senegal (Societe nationale de transports aériens), Dakar
            Air Viking, Reykjavik
            Air Zaire, Kinshasa
            Alaska Airlines Inc, Seattle
            Alia (The Royal Jordanian Airline), Amman
            Alitalia (Linee Aeree Italiane), Roma
            APSA, Lima
            Arco, Bermuda
            Ariana Afghan Airlines, Kabul
            ATI, Napoli
            Aurigny Air Services Ltd, Alderney
            Austrian Airlines, Wien
            Avianca (Aerovías Nacionales de Colombia, S.A.), Bogota
            Aviation-Hanseatische Luftreederei GmbH & Co KG, Hamburg
            Balkan-Bulgarian Airlines, Sofia
            BASCO Brothers Air Services Co ., Aden
            Bavaria Fluggesellschaft Schwabe & Co, München
            BEA (British European Airways), Ruislip
            BKS, Air Transport Ltd, London
            BOAC (British Overseas Airways Corporation), Heathrow Airport (London)
            Britannia Airways Ltd, Luton
            British Air Ferries Ltd, Southend-on-Sea
            British  Caledonian-Airways, Gatwick Airport (London)
            British Island Airways Ltd, Gatwick Airport (London)
            British Midland Airways Ltd, Castle Donington
            British United Airways Ltd, Gatwick Airport (London)
            Cambrian Airways Ltd, Rhoose
            Cameroon Airlines, Douala
            Canadian Pacific-Air, Vancouver
            Cimber Air GmbH & Co, Flensburg
            Condor Flugdienst GmbH, Frankfurt (Main)
            Court Line Aviation Ltd, Luton Airport (London)
            CP Air (Canadian Pacific-Air), Vancouver
            CSA (Ceskoslovenske Aerolinie), Praha
            Cyprus Airways Ltd, Nicosia
 ---pagebreak--- No L 365 /218                        Official Journal of the European Communities 31 . 12. 73
            Dan-Air Skyways Ltd, London
            Donaldson International Airways, Gatwick Airport (London)
            East African Airways Corporation, Nairobi
            El Al Israel Airlines Ltd, Tel -Aviv
            Elivie (Societa Italiana Esercizio Elicotteri S.p.A.), Napoli
            Ethiopian Airlines S.C., Addis Abeba
            Fairflight (Charters) Ltd, Biggin Hill Airport (London)
            Finnair, Helsinki
            Garuda Indonesian Airways, Djakarta
            General Air GmbH KG, Hamburg
            Germanair Bedarfsluftfahrtgesellschaft mbH & Co. Frankfurt (Main)
            Ghana Airways Corporation, Accra
            Humber Airways, Hull
            Iberia (Líneas Aéreas de Espana S.A.), Madrid
            Icelandair (Flugfelag Islands H.F.), Reykjavik
            IFG (Interregional-Fluggesellschaft mbH), Düsseldorf
            International Air Bahama (Air Bahama International), Nassau
            Intra Airways Ltd, Jersey
            Invicta Airways, Manston
            Iranair, Teheran
            Iraqi Airways, Bagdad
            JAL (Japan Air Lines Co . Ltd ), Tokio
            JAT (Jugoslovenski Aerotransport), Beograd
            KLM (Royal Dutch Airlines), Amsterdam
            Kuwait Airways Corporation, Kuwait
            Laker Airways (Services) Ltd, Gatwick Airport (London)
            Libyan Arab Airlines, Tripoli
            Loftleidir H.F. (Icelandic Airlines), Reykjavik
            Loganair Ltd, Glasgow
            LOT-Polish Airlines, Warsza'wa
            LTU-Lufttransport-Unternehmen GmbH & Co. KG, Düsseldorf
            Lufthansa-German Airlines (Deutsche Lufthansa AG), Köln
            Luxair-Luxembourg Airlines, Luxembourg
            Malev (Hungarian Airlines), Budapest
            Martinair, Amsterdam
            MEA (Middle East Airlines Airliban S.A.L.), Beyrouth
            Monarch , Luton
            National Airlines Inc, Miami
            Nigeria Airways, Lagos
            NLM-Dutch Airlines, Amsterdam
            (Fred) Olsen, Oslo
            Olympic Airways, Athenai
            Ontario World Air, Toronto
            Pacific Western Airlines, Vancouver
            Pakistan International Airlines Corporation, Karachi
            Pan American World Airways Inc, New York
            Peters' Aviation, Norwich
            Quantas Airways Ltd, Sydney
            Rousseau Aviation, Dinard
            Royal Air Maroc, Casablanca
            Sabena (Belgian World Airlines), Bruxelles
            SAM (Società Aerea Mediterranea), Roma
            SAS (Scandinavian Airlines), Stockholm
            Saturn, Oakland
            Saudia (Saudi Arabian Airlines), Jeddah
            Seabord World Airlines Inc, New York
            Seestern Speditions & Flugbetriebs AG, Düsseldorf
            Sierra Leone Airways, Freetown
            Singapore Airlines Ltd, Singapore
            South African Airways, Johannesburg
            Southern Air Transport, Miami
 ---pagebreak--- 31 . 12. 73                        Official Journal of the European Communities No L 365 /219
            South-West Aviation Ltd, Exeter
            Spantax SA, Madrid
            Strathallan, Perth
            Sudan Airways, Khartoum
            Swissair (Swiss Air Transport Company Ltd), Zurich
            Syrian Arab Airlines, Damascus
            TAP — The Intercontinental Airline of Portugal, Lisboa
            Tarom (Rumanian Air Transport), Bucuresti
            THY — Turkish Airlines, Istanbul
            Tradewinds, Gatwick Airport (London)
            Transavia (Holland B.V. ), Amsterdam
            Trans-Mediterranean Airways S.A.L., Beyrouth
            Transmeridian, Stansted Airport (London)
            Trans-Union S.A., Paris
            Tunis Air, Tunis
            TWA (Trans World Airlines Inc), New York
            United Arab Airlines, Heliopolis
            UTA (Union de transports aériens), Paris
            VARIG-Brazilian Airlines, Rio de Janeiro .
            VIASA (Venezolana Internacional de Aviation S.A.), Caracas
            Zambia Airways Corporation, Lusaka
                                                 /