CELEX: 51976PC0077
Language: en
Date: 1976-03-08 00:00:00
Title: Recommendation for a COUNCIL DECISION on the opening of negotiations for an agreement between the European Economic Community, Austria and Switzerland to extend the application of the rules on Community transit (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 77
Vol. 1976/0028
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 ---pagebreak--- COMMISSION Or THE EUROPEAN COMMUNITIES
                                       COM(76)77 final
                                       Brussels , 8 March 1976
                                Recommendation
                                     for a
                               COUNCIL DECISION
                    on the opening of negotiations for an
                    agreement between the European Economic
                    Community , Austria and Switzerland to
                    extend the application of the rules on
                    Community transit
               ( submitted to the Council by the Commission )
   C0I:(76 ) 77 final
 ---pagebreak---                                         - 1 -
 I. INTRODUCTION
                                •   , ,     –
              The Agreements concluded on 23 and 30 November 1972 ^ ' v '
     between the EEC and the Swiss Confederation and the Republic of
     Austria on the application of the regulations on Community transit
     entered into force on 1st January 1974 . Whereas each Agreement
     simplified the formalities to be completed when goods cross frontiers
     it is clear that this aim has not been achieved in respect of goods
     which as well as crossing Community territory also cross both
     Austria and Switzerland . Since each Agreement is strictly bi­
     lateral there are no provisions in respect of such traffic .
              Erplanatory discussion between customs services and the
     Commission at Joint " Community transit " Working Groups EEC-Austria
     and EEC-Switzerland arising from the corresponding Joint Committees
     have led to the conclusion that an Agreement to extend application
     of the regulations on Community transit to the traffic referred to
     above could meet the wishes of the three parties concerned . The
     essential matter for negotiation will be to extend the rights and
     obligations under each agreement to the third non-contracting party .
II . Negotiating principles
     ( a ). Scope of the agreement to be concluded.
            The implementation of provisions under the EEC-Swiss and the
            EEC-Austrian transit agreements must be extended to traffic
            moving between two points in the Community but which also
            crosses part of Austria and Switzerland in order to reduce to
            a minimum the formalities applicable to such traffic .
            The agreement will also have to provide that regulations on
            Community transit may be applied to other types of traffic
            which also crosses Austrian and Swiss territories . . -
     ( 1 ) OJ No L 365 , 31.12.1973 , p. 226
     ( 2 ) CJ No L 58 , 28 . 2.1974 , p. 40
 ---pagebreak---                                      - 2 -
      ("b ) Undertaking to be given by Austria a,nd Switzerland
             Austria and Switzerland , in their relations with one
             another , benefit from the same rights and satisfy the
             same cbligations as does one Member State to the other .
             The special provisions in the EEC-Switzerland Agreement
             which do not appear in the EEC-Austria Agreement will
           . apply as between Austria and Switzerland .
III . Management of the Agreement
      Problems which arise under the Agreement proposed will be
      dealt with by the existing Joint Committees .
 IV . Legal basis
      The Commission considers that Article 113 of the Treaty provides
      the basis for the conclusion of the Agreement which is to be
      negotiated .
  V. Conclusion
      The Commission recommands the Council . to approve under Article
      113(3 ) of the Treaty , the opening of negotiations with Austria
      and Switzerland with a view to ' the conclusions' of a tri-partite
      agreement .to extend the implementation of Community transit
      regulations .
      ( 3 ) These provisions relate to administrative assistance
             including criminal proceedings ( Article 4(3 ) and
             Annex II of the Agreement ), private warehouses as
             understood in the Swiss Federal customs Law .( Art 5(1 )
             and Liechtenstein .
 ---pagebreak---                               Recommendation
                                   for a
                           " CUUNCIL DECISION
                on the opening of negotiations for an
                agreement between the European Economic
                Community , Austria and Switzerland to
                extend the application of the rules on
                Community transit              •
THE . COUNCIL OP    THE EUROPEAN COMMUNITES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 113 thereof ,
Having regard to the recommendation from the Commission ,
Whereas the Agreement between the EEC and Switzerland^^ and the
                     2)
EEC and Austrian v ' , signed respectively on 23 and 30 November 1972 ,
on the application of the rules on Community transit were aimed at
simplifying the formalities to be completed at the time of crossing
frontiers in respect of the carriage of goods through the territory
of the Community and the territory of Switzerland or of Austria ;
Whereas this aim has not been achieved in the case of traffic which
passes through the territory of the Community and the territories of
both Switzerland and Austria , since each Agreement is strictly
bilateral ;
Whereas it is in the interest of the parties to both these
Agreements to extend their application to traffic which passes
through both Switzerland and Austria ;
HAS DECIDED :
 ( 1 ) OJ No L 365 , 31.12.1973 , p. 226
 ( 2)
 ---pagebreak---                              - 2 -
                            Sole Article
The Commission is authorised to negotiate an Agreement between
the European Economic Committee and the Swiss Confederation
and the Republic of Austria to extend the application of the
rules on Community transit . These negotiations shall be carried
out according to the directives set out in the Annex , and shall
be subject to any further directives .
The Commission shall conduct these negotiations on consultation
with and with the assistance of the Speoial Committee provided
for in Article 113 of the Treaty .
                               Done at Brussels ,
                               For the Council
                               The President
 ---pagebreak---                                                     ANNEX
                            DIRECTIVES
  I. Scope of the agreement to be concluded
      The application of the EEC-Swiss and the EEC-Austrian
      transit agreements must be extended to cover traffic
      between two points within the Community which passes
      through both Austria and Switzerland , in order to
      reduce to a minimum the formalities applicable to
      such traffic .
      The agreement will also have to provide that rules on
      Community transit may be applied to any other type of
      goods traffic which passes through both Austrian and
      Swiss territories .
 II . Undertaking to be given by Austria and Switzerland
      Austria and Switzerland , in their relations with one
      another , benefit from the same rights and undertake
      the same obligations as does one Member State to the
      others . The special provisions in the EEC-Switzerland
      Agreement which do not appear in the EEC-Austria
      Agreement will apply as between Austria and Switzerland .
III . Management of the Agreement
      Problems which arise under the proposed Agreement will
      be dealt with by the existing Joint Committees .