CELEX: 51980PC0556
Language: en
Date: 1980-10-06 00:00:00
Title: Recommendation for a COUNCIL DECISION authorizing the Commission to participate in the negotiation of an international convention on the harmonization of controls at frontiers (submitted to the Council by the Commission)

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COM (80) 556
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(80)556 final
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                         Recommendation for a
                            COUNCIL DECISION
      authorizing the Commission to participate in the
      negotiation of an international convention on the
                 harmonization of controls at frontiers
        ( submitted to the Council by the Commission )
 C0MC80 ) 556 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
   Introduction                                                 -
                                                   affecting
        The Group of Experts on Customs Question^ Transport , under the Inland
  Transport Committee of the Economic Commission for Europe , a regional body
  of the United Nations , has decided to draw up a Convention on the
  Harmonization of Controls at Frontiers .
        The rapporteurs appointed "by the Group of Experts on Customs Questions
  were asked to consider the substance of such a Convention .     On the basis of
  their report , the Executive Seoretary of the Economic Commission for Europe
  has drafted a text to serve as a basis for negotiations .
        The Inland Transport Committee of the Economio Commission for Europe
  has organized a special meeting of the Group of Experts in Geneva from
  20 to 24 October 1980 to carry out negotiations.
  Purpose and scope of the Convention
        The purpose of the Convention is to make the international transport of
  goods easier and quicker , by harmonizing more olosely the conditions for
- the controls carried out by the various authorities responsible for checking
  goods at frontiers , and by reinforcing cooperation between these authorities.
        This purpose is to be achieved by :
        – coordinating at national level the action of the various departments
          responsible for controls ;
                           v
        – setting up the necessary framework for the operations of these
          departments ;
        – giving the maximum possible national and international publicity to
          the requirements of laws and regulations applying in the areas covered
          by the controls ;
        – ensuring international cooperation , including :
              mutual recognition of doouments , and some harmonization of these
               documents ;
 ---pagebreak---                coordinated organization and functioning of departments operating
               frontier services in adjacent countries ;
               bilateral or multilateral harmonization of control systems and
               procedures .
The competence of the Community
       The purpose of this Convention is to facilitate the international
transport of goods by improving the conditions for frontier controls , and
it is a contribution , in the common interest , to the smooth development of
world trade . It therefore comes under common commercial policy.
       What is more , the Convention applies to several matters for which
common rules have been adopted in the form of secondary legislation. For
example , the customs oontrols and other frontier inspections which are the
subject-matter of the Convention are in many cases the result of Community
legislation such as :
       – Council Directive 68/312/EEC on the customs treatment of goods ,
         which stipulates at Article 2(l ) that all goods entering the customs
         territory of the Community or coming from a free zone situated in
         the territory of the Community shall be subject to oustoms control ;
      – Council Directive 79/^95/EEG on the harmonization of procedures for
                                                    ( 2)
         the release of goods for free circulation , ' whioh stipulates at
         Article 9 "that the customs authority may examine all or part of the
         goods entered.
( 1 ) OJ No L 194 » 6.8.1968 , p. 13.
( 2 ) OJ Ho L 205 , 13.8.1979 » P* 19.
 ---pagebreak---                                          3-
       – Council Directive 77/93/^EC on protective measures against the
         introduction into the Member States of harmful organisms of plants
         or plant products, ^ which stipulates at Article 12 that plants
         and plant products entering the territory of any of the Member
         States and coming from non-member countries shall be inspected ;
       - Council Directive 72/462/EEC on health and veterinary inspection
         problems upon importation of bovine animals and swine and fresh meat
                                 2)
         from third countries ,     Which stipulates at Articles . 12 , 23 and 24
         that animals and fresh meat must undergo a health inspection on
         arrival in the territory of the Community.
       The Convention also deals , although subsidiarily , with goods in transit
thuB touching upon an area the customs aspects of which are almost
exclusively governed by Community secondary legislation.
       The above remarks show that this Convention covers fields where the
Community external competence is of considerable importance .
       The Community is therefore entitled to take part in the negotiation of
this convention and to beoome a Contraoting Party.
       The following clause , based on that included in the Convention of
27 May 1980 on International multimodal transport , could be adopted for this
purpose :
       "Regional eoonomic integration organizations composed of sovereign
States which are members of the United Nations and which have competence
to negotiate , conclude and apply international agreements on matters
covered by this Convention may also become Contracting Parties to it ."
       Moreover , sinoe the Convention provides for a Management Committee
whose members would have voting rights , the above olause should be             '
supplemented as follows :
       "In matters within their competence since regional economic integration
organizations shall , in their own name , exercise the rights and fulfil the
responsibilities that this Convention confers on their Member States. In
such cases the Member States of the organizations shall not be entitled
to exercise such rights independently. M
( 1 ) OJ Ko L 26 , 31.1.77 , P* 20.
( 2 ) OJ NO L 302 , 31.12.72 , p. 28
 ---pagebreak---                                     - 4 -
       It is also important to confine the application of the Convention to
 the Community 's external frontiers , so that trade between the Community
 Member States would still be exclusively governed by the national laws of
 the Member States or by Community law.    The Convention should therefore
 include a provision stipulating that Contracting Parties that are part of a
 regional economic integration organization may notify the Secretary-General
 of the United Nations that the Convention applies at the external frontiers
 only of the territory of this organization,
Leftal basis
      The main purpose of the Convention – to facilitate and encourage
 international trade in goods by simplifying formalities at frontiers – is
 in line with some aspects of common commercial policy as defined in
Article 113 of the Treaty,     What is more , the Convention deals mainly with
 subjects on which the Community has adopted rules of the form of secondary
legislation serving the common commercial policy#
      Article 113 of "the Treaty would thus appear to be the most appropriate
provision to be used as a basis for the negotiation and conclusion of the .
Convention by the Community,
Conclusions
      The Commission recommends that the Council , pursuant to Article 113 of
the Treaty , authorize it to take part in the negotiation of the International
Convention on the Harmonization of Controls at Frontiers ,
      The Commission would also urge upon the Council the need for
representations to the Executive Secretary of the Economic Commission for
Europe to demonstrate beyond doubt that the Community has competence in
respect of the matters covered by the Convention and to ensure that the
Community is invited to the negotiations under terms which enable it to
 exeroise its competence fully.
 ---pagebreak--- Recommendation for a Council Decision authorizing the Commission to
participate In the negotiation of an international convention on the
harmonization of controls at frontiers
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 "thereof ,
Having regard to the recommendation by the Commission ,
Whereas negotiations are to begin in October 1980 within the Economio
Commission for Europe to draw up an international convention on the
harmonization of controls at frontiers ;
Whereas the purpose of that Convention is to facilitate the international
transport of goods ;
Whereas the draft of that Convention contains provisions concerning not
only customs matters , but also other fields where goods are subject to
control , in particular the fields of health , plant health , veterinary
matters and quality and standardization ;
Whereas these fields are governed by common rules in the form of secondary
legislation and consequently fall within the Community* s       competence ,
HAS DECIDED AS FOLLOWS : ■ . ■    .
                                Sole Article
The Commission
            and
                is hereby authorized to participate, on behalf of the
Community,/ within the United Nations Economic Commission for Europe , in the
negotiations for the conclusion of an international convention on the
harmonization of controls at frontiers.    The Commission shall conduct such
negotiations with the assistance of a special committee composed of
representatives of the Member States and in accordance with the directives
annexed hereto and with suoh directives as may be issued to it subsequently
                                          Pone at Brussels ,
                                          For the Council ,
                                          The President
 ---pagebreak---                                                           Annex I
           Directives issued "by the Council to the Commission
The Commission shall endeavour to ensure that the draft Conventions
 ( a) is consistent with the provisions adopted "by the Community in
        respect of customs matters and in the other fields covered by the
        Convention ;
 ( b ) does not contain any provisions on the control of persons ;
 ( c ) is drawn up in suoh a way as to allow of flexible application of the
       principle that controls at frontiers should , in the main , be
        organized and carried out mainly in conjunction with customs control
 ( d) contains a provision to the effect that regional economic
       integration organizations composed of sovereign States which are
       members of the United Nations and which have competence to negotiate
       conclude and apply international agreements on matters covered by
       the Convention may also become Contracting Parties to the Convention
       that , in matters within their competence , such regional economic
       integration organizations shall , in their own name , exercise the
       rights and fulfil the responsibilities that the    Convention
       confers on their Member States ; and that in such cases the Member
       States of the organizations shall not be entitled to exercise such
       rights independently ;
( e ) contains a provision to the effect that the Convention applies
       exclusively to the external frontiers of the territories covered by
       such regional economio integration organizations.