CELEX: 52013PC0177
Language: en
Date: 2013-04-04
Title: Proposal for a COUNCIL DECISION on the position to be adopted by the European Union, in the context of the EU-Switzerland Joint Committee, on the definition of the grounds for exemption from transmitting data pursuant to the first subparagraph of Article 3(3) of Annex 1 to the Agreement between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures

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		52013PC0177
		
			Proposal for a COUNCIL DECISION on the position to be adopted by the European Union, in the context of the EU-Switzerland Joint Committee, on the definition of the grounds for exemption from transmitting data pursuant to the first subparagraph of Article 3(3) of Annex 1 to the Agreement between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures /* COM/2013/0177 final - 2013/0093 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The Agreement between the European
Community and the Swiss Confederation on the simplification of inspections and
formalities in respect of the carriage of goods and on customs security
measures[1]
is intended to maintain the simplification of inspections and formalities in
respect of the passage of goods at frontiers and the smooth flow of trade
between the two Contracting Parties, whilst ensuring a high level of security
in the supply chain. 
In the case of exports to third countries,
this high level of security is assured by, inter alia, the requirement for an
exit summary declaration containing the security data to be submitted to the
customs office of exit prior to export. When goods destined for a third country
leave Swiss customs territory through the customs territory of the European
Union, the security data contained in the declaration must be transmitted to
the export office within the European Union. The same procedure in reverse
applies for goods leaving the European Union through an office of exit in
Switzerland. 
The Joint Committee set up under Article
19(1) of the Agreement is responsible for the administration and proper
implementation of the Agreement. The Committee may determine cases in which
transmission of the security information is not necessary. This exemption may
be granted only if it does not affect the level of security assured by the
Agreement. This draft decision of the EU-Switzerland Joint Committee proposes
an exemption from transmitting security data for some indirect exports made by
air. The condition that security levels must be maintained is considered to be
met because, prior to loading, air carriers subject the whole of an aircraft's
cargo to the security checks set out in Annex 17 to the Chicago Convention on
International Civil Aviation.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
Consultation
of interested parties
The Swiss
customs authorities have approved the Joint Committee's draft decision 
Impact
Assessment
There is no
need for an impact assessment since the Decision implements a provision of the
Agreement without modifying its content.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
This proposal for a Council Decision
constitutes the legal instrument for defining the position to be taken by the
European Union, within the EU-Switzerland Joint Committee, on the
implementation of some provisions of the Agreement between the European
Community and the Swiss Confederation on the simplification of inspections and
formalities in respect of the carriage of goods and on customs security
measures.
In accordance with the first paragraph of
Article 5 of Council Decision 2009/556/EC of 25 June 2009 concerning
the provisional application and conclusion of the aforementioned Agreement[2], the joint position of the
European Union is adopted by the Council, acting by a qualified majority on a
proposal from the Commission.
4.           BUDGETARY
IMPLICATIONS
The decision has no financial implications
for the budget of the European Union.
5.           OPTIONAL ELEMENTS
None.
2013/0093 (NLE)
Proposal for a
COUNCIL DECISION
on the position to be adopted by the
European Union, in the context of the EU-Switzerland Joint Committee, on the
definition of the grounds for exemption from transmitting data pursuant to the
first subparagraph of Article 3(3) of Annex 1 to the Agreement between the
European Community and the Swiss Confederation on the simplification of
inspections and formalities in respect of the carriage of goods and on customs
security measures 
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 Agreement of 25 June
2009 between the European Community and the Swiss Confederation on the
simplification of inspections and formalities in respect of the carriage of
goods and on customs security measures[3]
(referred to hereinafter as 'the Agreement'), 
Having regard to Council Decision 2009/556/EC
of 25 June 2009 concerning the provisional application and conclusion of the
aforementioned Agreement[4],
and in particular the first paragraph of Article 5 thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       under Article 21 of the
Agreement, its administration falls within the remit of the Joint Committee set
up by it (referred to hereinafter as 'the EU-Switzerland Joint Committee').
(2)       the second subparagraph of
Article 3(3) of Annex 1 to the Agreement states that the Joint Committee may
determine cases in which transmission of the information specified in the first
subparagraph is not necessary, as long as the level of security assured by the
Agreement is not affected;
HAS ADOPTED THIS DECISION:
Article 1
The position to be adopted by the European
Union within the EU-Switzerland Joint Committee on the definition of the
grounds for exemption from transmitting data pursuant to the first subparagraph
of Article 3(3) of Annex 1 to the Agreement is laid down in the attached draft
decision of the EU-Switzerland Joint Committee.
Article 2
Once adopted, the Decision of the Joint
Committee shall be published in the Official Journal of the European Union.
Article
3
This Decision shall enter into force on the
day of its adoption.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
ANNEX 
DRAFT
DECISION
No …/2013 OF THE EU–SWITZERLAND JOINT COMMITTEE
of
…
laying
down the grounds for exemption from transmitting data pursuant to the first
subparagraph of Article 3(3) of Annex 1 to the Agreement of 25 June 2009
between the European Community and the Swiss Confederation on the
simplification of inspections and formalities in respect of the carriage of
goods and on customs security measures 
THE JOINT COMMITTEE,
Having regard to the Agreement of 25 June
2009 between the European Community and the Swiss Confederation on the
simplification of inspections and formalities in respect of the carriage of
goods and on customs security measures (referred to hereinafter as 'the
Agreement'), and in particular Article 21(3) and Annex 1, Article (3)(3),
second subparagraph thereof, 
Whereas:
(1)                   
the Agreement is intended to maintain the
simplification of inspections and formalities in respect of the passage of
goods at frontiers and the smooth flow of trade between the two Contracting
Parties, whilst ensuring a high level of security in the supply chain;
(2)                   
the Contracting Parties have undertaken to
guarantee in their respective territories an equivalent level of security
through measures based on legislation in force in the European Union;
(3)                   
when goods destined for a third country leave
the customs territory of a Contracting Party through the customs territory of
the other Contracting Party, the security data contained in the exit summary
declaration lodged with the competent authority of the former Contracting Party
shall be transmitted by it to the competent authority of the latter; 
(4)                   
the Joint Committee may determine cases in which
this transmission of information is not necessary as long as the level of
security assured by the Agreement is not affected;
(5)                   
the Member States of the European Union and the
Swiss Confederation are Contracting Parties to the Chicago Convention on
International Civil Aviation; under Annex 17 to the Convention, in order to
protect international aviation from acts of unlawful interference, air carriers
subject the whole of an aircraft's cargo to security checks prior to loading;
(6)                   
the European Community and the Swiss
Confederation are bound by the Air Transport Agreement of 21 June 1999, which
governs aviation safety and security in particular;
HAS DECIDED:
Article 1
Where exports of goods under the first
subparagraph of Article 3(3) of Annex 1 to the Agreement are concerned, the
transmission of data shall not be required so long as:
(a)                   
the goods are accepted by an airline for
transport out of the customs territories of the Contracting Parties; 
(b)                   
the exit of goods through the customs office of
the second Contracting Party takes place by air;
(c)                   
an exit summary declaration or a customs export
declaration which meets the requirements for a summary declaration has been
submitted to the customs office responsible for the place from which the goods
are exported; 
(d)                   
when the goods arrive at the customs office at
the point of exit from the second Contracting Party's customs territory, the
carrier places a copy of the exit summary declaration for the exported goods at
the disposal of this customs office when the latter so requests.
Article 2
The Decision shall enter into force on the
day following its adoption. 
Done at Brussels, 
FOR THE JOINT COMMITTEE,
THE CHAIRMAN
[1]               OJ L 199, 31.7.2009, p. 24.
[2]               OJ L 199, 31.7.2009, p. 22.
[3]               OJ L 199, 31.7.2009, p. 24.
[4]               OJ L 199, 31.7.2009, p. 22.