CELEX: 52013PC0467
Language: en
Date: 2013-06-27
Title: Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the EU-EFTA Joint Committee concerning the adoption of a Decision amending the Convention of 20 May 1987 on a common transit procedure (adaptations resulting from the accession of Croatia to the Union)

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		52013PC0467
		
			Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the EU-EFTA Joint Committee concerning the adoption of a Decision amending the Convention of 20 May 1987 on a common transit procedure (adaptations resulting from the accession of Croatia to the Union) /* COM/2013/0467 final - 2013/0219 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
Grounds for and objectives of the
proposal
The Convention of 20 May 1987 on a common
transit procedure ("Convention") establishes the measures
facilitating the movement of goods between the European Union and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation, the Republic of Croatia and the   Republic of Turkey.
The forthcoming accession of Croatia to the European Union on 1 July 2013 involves necessary technical adaptations to Appendix
III of the Convention, reflecting its new position as a Member State of the European Union.
General context
This proposal aims at reorganising the
linguistic references to Croatia in the relevant Annexes of Appendix III of the
Convention and in particular by moving them from the EFTA countries part to the
European Union part. 
In addition, in order to allow the use of
the guarantee forms printed in accordance with the criteria in force prior to
the date of accession of Croatia to the European Union, a transitional period
should be established during which the printed forms, with the corresponding
geographical adaptations, could continue to be used.
Existing provisions in the area of the
proposal
There are no existing provisions in the
area of the proposal.
Consistency with other policies and
objectives of the Union
Not applicable.
2.           RESULTS OF CONSULTATIONS WITH THE
INTERESTED PARTIES AND IMPACT ASSESSMENTS
Consultation of interested parties
Consultation methods, main sectors
targeted and general profile of respondents
Consultation with approval by the EU-EFTA
"Common transit" working group, representing the Contracting Parties
to the Convention.
Summary of responses and how they
have been taken into account
Favourable opinion.
Collection and use of expertise
There was no need for external expertise.
Impact assessment
There was no need for an impact assessment
as the fundamental rules of the Convention continue to apply. 
3.           LEGAL ELEMENTS OF THE PROPOSAL
Summary of the proposed action
The Croatian language versions of the
references used in the Convention should be reorganised and placed in the
appropriate order. The guarantee forms should be adapted by moving Croatia into the respective order among the European Union Member States.
Consequently, the provisions of the
Convention on a common transit procedure have to be subject to the necessary adaptations.
This draft decision was communicated to the
EU-EFTA Working Group on common transit.
The Council is invited to establish the EU
position regarding the annexed decision to be adopted by the EU-EFTA Joint
Committee on Common Transit. 
Legal basis
Article 15 of the Convention of 20 May 1987
on a common transit procedure. 
Subsidiarity principle
The proposal falls under the exclusive
competence of the European Union. The subsidiarity principle therefore does not
apply. 
Proportionality principle
The proposal complies with the
proportionality principle for the following reason.
Not applicable.
Choice of instruments
Proposed instrument: Decision of the
EU-EFTA Joint Committee.
Other means would not be adequate for the
following reason:
There is no other adequate instrument.
4.           BUDGETARY IMPLICATION
The proposal has no implication for the EU
budget.
5.           OPTIONAL ELEMENTS
Simplification
The common transit procedure provides for
simplification of administrative procedures for public authorities (EU or
national) and for private parties.
2013/0219 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be adopted, on behalf
of the European Union, in the EU-EFTA Joint Committee concerning the adoption
of a Decision amending the Convention of 20 May 1987 on a common transit
procedure (adaptations resulting from the accession of Croatia to the Union) 

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning
of the European Union, and in particular Article 207(4), in conjunction with
Article 218(9), thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       Article 1 of the
Convention on a common transit procedure[1]
(hereinafter "the Convention") stipulates that the Convention lays
down measures for the carriage of goods in transit between the Community and
the EFTA countries, as well as between the EFTA countries themselves, by
introducing a common transit procedure regardless of the kind and origin of the
goods.
(2)       Article 15 of the
Convention empowers the Joint Committee set up by the Convention to recommend
and adopt, by decisions, amendments to the Convention and its Appendices.
(3)       Croatia accedes to the Union on 1 July 2013. 
(4)       Accordingly, the Croatian
language versions of the references used in the Convention should be moved from
the EFTA countries part and inserted in their respective order in the Union
Member States part. 
(5)       Technical amendments to
the Convention need also to be introduced as regards the guarantee forms listed
in Appendix III, resulting from Croatia's accession to the Union.
(6)       The application of this
Decision is linked to the date of accession of Croatia to the Union.
(7)       In order to allow the use
of guarantee forms printed in accordance with the criteria in force prior to
the date of accession of Croatia to the Union, a transitional period should be
established during which the printed forms, with some adaptations, could
continue to be used.
(8)       The Convention should be
amended accordingly.
(9)       Therefore, the position of
the Union concerning the proposed amendment should be determined,
HAS ADOPTED THIS DECISION: 
Article 1
The position to be taken by the Union in the EU-EFTA Joint Committee on common transit concerning the adoption of Decision
No XXX by the EU-EFTA Joint Committee amending the Convention of 20 May 1987 on
a common transit procedure shall be based on the draft Decision attached to
this Decision.
Minor changes to the draft Decision may be
agreed to by the representatives of the Union in the EU-EFTA Joint Committee.
The Council is to be duly informed about any such changes.
Article 2
The Commission shall publish the Decision
of the EU-EFTA Joint Committee on common transit, once adopted, in the Official
Journal of the European Union.
Article 3
This Decision shall enter into force on the
day following that of its adoption. 
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
ANNEX
Proposal
for a
DECISION No XXX OF THE EU-EFTA JOINT
COMMITTEE ON COMMON TRANSIT 
amending the Convention of 20 May 1987
on a common transit procedure
THE JOINT COMMITEE,
Having regard to the Convention of 20 May
1987 on a common transit procedure[2]
and in particular Article 15(3)(a) thereof,
Whereas:
(1)        Croatia accedes to the Union on 1 July 2013.
(2)        Accordingly, the Croatian
language versions of the references used in the Convention should be moved from
the EFTA countries part and inserted in their respective order in the Union
Member States part. 
(3)        Technical amendments to the
Convention need also to be introduced as regards the guarantee forms listed in
Appendix III, resulting from Croatia's accession to the Union. 
(4)        The application of this Decision
should be linked to the date of accession of Croatia to the Union.
(5)        In order to allow the use of
guarantee forms printed in accordance with the criteria in force prior to the
date of accession of Croatia to the Union, a transitional period should be
established during which the printed forms, with some adaptations, could
continue to be used.
(6)        The Convention should therefore be
amended accordingly,
HAS ADOPTED THIS DECISION,
Article 1
Appendix III to the Convention on a common
transit procedure is amended as set out in the Annex to this Decision.
Article 2
The forms based on the specimen forms in
Annexes C1, C2, C3, C4, C5, C6 to Appendix III may continue to be used, subject
to the necessary geographical adaptations, until the end of the twelfth month
following the date of application of this Decision, at the latest.
Article 3
This Decision shall enter into force on 1
July 2013, subject to the entry into force of the Treaty of Accession of
Croatia.
Done at Brussels, 
For
the Joint Committee
The
President
ANNEX 
(1)          In Annex B1 to Appendix
III, the text for box 51 is replaced as follows:
"Box 51: Intended transit offices
Country Codes
This country code is the ISO alpha-2 code
(ISO 3166) with the exception of Greece and the United Kingdom.
The applicable codes are:
AT       Austria
BE       Belgium
BG       Bulgaria
CH       Switzerland
CY       Cyprus
CZ       Czech Republic
DE       Germany
DK      Denmark
EE        Estonia
EL        Greece
ES        Spain
FI         Finland
FR       France
HR       Croatia
HU       Hungary
IE         Ireland
IS         Iceland
IT         Italy
LT        Lithuania
LU       Luxembourg
LV       Latvia
MT      Malta
NL       Netherlands
NO      Norway
PL        Poland
PT        Portugal
RO       Romania
SE        Sweden
SI         Slovenia
SK       Slovakia 
TR       Turkey
UK      United Kingdom".
(2)        In Annex B6 to Appendix III, Title
III is amended as follows:
(a)      In the table of linguistic references
to "Limited validity - 99200", the following
indent is inserted between the linguistic references of
FR and IT and deleted from its current position:
"-       HR       Valjanost
ograničena";
(b)     In the table of linguistic references
to "Waiver - 99201", the following indent is inserted between the linguistic references of FR and IT and deleted from its current position:
"-       HR       Oslobođeno";
(c)      In the table of linguistic references
to "Alternative proof - 99202", the following
indent is inserted between the linguistic references of
FR and IT and deleted from its current position:
"-       HR       Alternativni dokaz";
(d)     In the table of linguistic references
to "Differences: office where goods were presented… (name and country) –
99203", the following indent is inserted between the linguistic references of FR and IT and deleted from its current position:
"-       HR       Razlike:Carinarnica
kojoj je roba podnesena ……(naziv i zemlja)";
(e)      In the table of linguistic references
to "Exit from… subject to restrictions or charges under
Regulation/Directive/Decision No… – 99204", the
following indent is inserted between the linguistic
references of FR and IT and deleted from its current
position:
"-       HR       Izlaz iz…….. podliježe
ograničenjima ili pristojbama temeljem Uredbe/Direktive/Odluke br…";
(f)      In the table of linguistic references
to "Prescribed itinerary waived – 99205", the
following indent is inserted between the linguistic
references of FR and IT and deleted from its current
position:
"-       HR       Oslobođeno od
propisanog plana puta";
(g)      In the table of linguistic references
to "Authorised consignor – 99206", the
following indent is inserted between the linguistic
references of FR and IT and deleted from its current
position:
"-       HR       Ovlašteni
pošiljatelj";
(h)      In the table of linguistic references
to "Signature waived – 99207", the following
indent is inserted between the linguistic references of
FR and IT and deleted from its current position:
"-       HR       Oslobođeno
potpisa";
(i)       In the table of linguistic references
to "Comprehensive guarantee prohibited – 99208", the following indent is inserted between the
linguistic references of FR and IT and deleted from its
current position:
"-       HR       Zabranjeno zajedničko
jamstvo";
(j)      In the table of linguistic references
to "Unrestricted use- 99209", the following
indent is inserted between the linguistic references of
FR and IT and deleted from its current position:
"-       HR       Neograničena
uporaba";
(k)     In the table of linguistic references
to "Issued retroactively - 99210, the following
indent is inserted between the linguistic references of
FR and IT and deleted from its current position:
"-       HR       Izdano naknadno";
(l)       In the table of linguistic references
to "Various – 99211", the following indent is
inserted between the linguistic references of FR and IT and deleted from its current position:
"-       HR       Razni";
(m)     In the table of linguistic references
to "Bulk – 99212", the following indent is inserted between the linguistic references of FR and IT and deleted from its current position:
"-       HR       Rasuto";
(n)      In the table of linguistic references
to "Consignor – 99213", the following indent is
inserted between the linguistic references of FR and IT and deleted from its current position:
"-       HR       Pošiljatelj".
(3)        In paragraph 1 of point I of Annex
C1 to Appendix III, the term "Ireland" between the terms "the French Republic" and "the Italian Republic" is deleted. The term "the
Republic of Croatia," is inserted between the terms "the French
Republic," and "the Italian Republic". The term "Ireland" is inserted between the terms "the Republic of Estonia" and "the Hellenic Republic". The term "the Republic of Croatia," between the word
"and" and the term "the Republic of Iceland" is deleted.
(4)        In paragraph 1 of point I of Annex
C2 to Appendix III, the term "Ireland" between the terms "the French Republic" and "the Italian Republic" is deleted. The term "the
Republic of Croatia," is inserted between the terms "the French
Republic," and "the Italian Republic". The term "Ireland" is inserted between the terms "the Republic of Estonia" and "the Hellenic Republic". The term "the Republic of Croatia," between the word
"and" and the term "the Republic of Iceland" is deleted.
(5)        In paragraph 1 of point I of Annex
C4 to Appendix III, the term "Ireland" between the terms "the French Republic" and "the Italian Republic" is deleted. The term "the
Republic of Croatia," is inserted between the terms "the French
Republic," and "the Italian Republic". The term "Ireland" is inserted between the terms " the Republic of Estonia" and "the Hellenic Republic". The term "the Republic of Croatia," between the word
"and" and the term "the Republic of Iceland" is deleted.
(6)        In box 7 of Annex C5 to Appendix
III, the term "Croatia," between the words "European Community,"
and "Iceland" is deleted. 
(7)        In box 6 of Annex C6 to Appendix
III, the term "Croatia," between the words "European Community,"
and "Iceland" is deleted. 
[1]               OJ L 226, 13.8.1987, p. 2.
[2]               OJ L 226, 13.8.1987, p. 2.