CELEX: 51993PC0334
Language: en
Date: 1993-07-16
Title: Proposal for a COUNCIL DECISION concerning the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation relating to the amendment of the Convention of 20 May 1987 on a common transit procedure

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(93) 334 final
                                                Brussels, 16 July 1993
    Draft Recommendation No 1/93 of the EEC-EFTA Joint Committee on
                              Common Transit
     for the amendment of the Convention of 20 May 1987 on a common
                            transit procedure
                   - Common position of the Community -
                               Proposal for a
                              COUNCIL DECISION
  concerning  the conclusion   of   the Agreement    in the   form of an
  exchange of letters between the European Economic Community and the
  Republic  of Austria,   the Republic    of  Finland,   the Republic of
  Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss
  Confederation  relating   to  the   amendment  of   the  Convention of
  20 May 1987 on a common transit procedure
                       (presented by the Commission)
 ---pagebreak---                           EXPLANATORY MEMORANDUM
1.  The EEC-EFTA Convention of 20 May 1987 C D          contains provisions for
     the   implementation   of   a   common   transit   procedure    between   the
    Contract ing Part ies.
2.  At   the  fifth  meeting   of   the  EEC/EFTA   Joint  Committee    on  common
    transit and the simplification of formalities in trade in goods held
    on 24 September 1992 in Brussels, it was agreed to open up the two
    Conventions to permit the accession of new Contracting Parties and in
    particular, facilitate trade and administrative procedures between
    the existing Contracting Parties and the countries of Central              and
    Eastern Europe. Initially, the candidates for accession by invitation
    are    Hungary,    Poland,     Czech    Republic   and    Slovak     Republic.
    Consequently, amendments       to the Convention on      common   transit  are
    required.
3.  Article    15 (2) of    the   Convention   between   the   European   Economic
    Community and the Republic of Austria, the Republic of Finland, the
    Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and
    the Swiss Confederation on a common transit procedure empowers the
    Joint Committee set up by that Convention to make recommendations for
    amendments to the Convention.
4.  This   is the subject of     the attached draft Recommendation No 1/93.
    This   draft  was   presented    to  and  finalized   in   the  Committee   on
    Community Transit and the EEC-EFTA Working Party: Common Transit.
5.  The arrangements contained in this draft Recommendation do not impose
    any burdens on business. They do not comprise any special measures
    for small and medium sized businesses and do not have any foreseen
    negative effect on business and employment. These arrangements do not
    have any effect on the Commission's budget.
(1) 0J NO L 226, 13.8.1987, p. 2
 ---pagebreak---                              - 2 -
This draft Recommendation is submitted to the Council with a view to
obtaining a common position for final adoption by the Joint Committee
EEC-EFT.A on Common Transit at its meeting on 23 September 1993, in
Oslo,
 ---pagebreak---       Draft Recommendation No 1/93 of the EEC-EFTA Joint Committee on
                               Common Transit
       for the amendment of the Convention of 20 May 1987 on a common
                              transit procedure
THE JOINT COMMITTEE,
Having regard to the Convention of 20 May 1987 on a common transit
procedure, and in particular Article 15(2)(a) thereof,
Whereas the Convention of the 20 May 1987 contains the Common Transit
rules in trade between the Community and the EFTA countries and between
those countries themselves;
Whereas the Convention should be amended to allow for the accession of
third countr ies,
HEREBY RECOMMENDS that the Contracting Parties to the Convention:
    amend it, with effect from               , along the lines set out in
    the proposal annexed to this recommendation,
    inform each other, by means of an exchange of letters, of their
    acceptance of this recommendation.
Done at
                                         For the Joint Committee
                                              The Chairman
 ---pagebreak---                                Annex
              Proposed amendment to the Convention between the
          European Economic Community, the Republic of Austria,
            the Republic of Finland, the      Republic of Iceland,
           the Kingdom of Norway, the Kingdom of Sweden and the
             Swiss Confederat ion on a common transit procedure
The Convention between the European Economic Community, the Republic of
Austria, the Republic of Finland, the Republic of Iceland, the Kingdom
of Norway, the Kingdom of Sweden and the Swiss Confederation is amended
as fo11OWS:
A.  Article 3 is replaced by the following text:
     'Article 3
    1.   For the purposes of this Convention, the term-.
    (a) "transit11 shall mean a procedure under which goods are carried
         under the control of the competent authorities from one office
         of    a  Contracting    Party   to  another   office   of  the  same
         Contracting Party or that of another Contracting Party over at
         least one front ier;
    (b) "country", shall mean any EFTA country, any Member State of the
         Community,    or  any   other  State   which  has  acceded   to this
         Convent ion-,
    (c) "third country" shall mean any State which is not a Contracting
         Party to this Convention.
    2.   From the date on which the accession of a new Contracting Party
         becomes    effective     in  accordance   with   Article   15a,  all
         references in the Convention to EFTA countries shall apply to
         that country mutatis mutandis, and solely for the purposes of
         this Convent ion.
 ---pagebreak---    3.  In the application of the rules laid down         in this Convention
       for   the  T1   or   T2   procedure,  the  EFTA  countries   and  the
       Community and its Member States shall have the same rights and
       obligations.'
B. Article 15(3) is replaced by the following:
   "3. It shall adopt by decision:
   (a) amendments to the Appendices;
   (b) amendments    of   the   definition  of   the  ECU  as  set   out  in
       Article 10(3);
   (c) other    amendments     to   this  Convention   made   necessary   by
       amendments to the Appendices;
   (d) measures to be taken under Article 28(2) of Appendix I;
   (e) transitional measures required in the case of the accession of
       new Member States to the Community;
   (f) invitations     to    third   countries   within   the   meaning   of
       Article 3(1)(c) to accede to this Convention in accordance with
       Article 15a.
   Such decisions shall be put into effect by the Contracting Parties
   in accordance with their own legislation."
C. The following is added after Article 15(4):
   "5. Decisions of the Joint Committee referred to in paragraph 3(f)
       inviting a third country to accede to this Convention shall be
       sent to the General Secretariat of the Council of the European
       Communities, which shall communicate        it to the third country
       concerned, together with a text of the Convention in force on
       that date.
 ---pagebreak---    6.  From the date referred to in paragraph 5, the third country
       concerned    may    be    represented    on    the    Joint   Committee,
       subcommittees and working parties by observers."
D. The following title and Article 15A are inserted after Article 15:
   "Accession of third countries
   Article 15A
   1.  Any  third   country    may   become   a Contracting     Party   to   this
       Convention    if   invited   to do    so  by   the   depositary   of   the
       Convention following a decision of the Joint Committee.
   2.  A third country invited to become a Contracting Party to this
       Convention shall do so by lodging an instrument of accession
       with the General Secretariat of the Council of the Euorpean
       Communities.     The said    instrument   shall   be accompanied     by a
       translation of the Convention into the official language of the
       acceding country.
   3.  The accession shall become effective on the first day of the
       second  month     following    the   lodging   of   the   instrument    of
       accession.
   4.  The depositary shall notify all Contracting Parties of the date
       on which the instrument of accession was lodged and the date on
       which the accession will become effective.
   5.  Recommendations and decisions of the Joint Committee referred
       to in Article 15(2) and (3) adopted between the date referred
       to  in paragraph 1 and       the date on which        accession   becomes
       effective  shall    also   be communicated      to   the  invited    third
       country  via   the General      Secretariat   of   the Council    of   the
       European Communities.
 ---pagebreak--- A declaration accepting such acts shall be inserted either in
the instrument of accession or in a separate instrument   lodged
with the General   Secretariat of the Council  of the European
Communities  within six months of   the communication.   If the
declaration  is not   lodged within that period  the  accession
shall be considered void."
 ---pagebreak---                                  Proposal for a
                                COUNCIL DECISION
     concerning   the   conclusion   of   the Agreement     in  the   form  of an
     exchange of letters between the European Economic Community and the
     Republic  of   Austria,   the Republic of       Finland,   the Republic of
     Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss
     Confederation    relating    to  the   amendment    of  the   Convention  of
     20 May 1987 on a common transit procedure
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having   regard   to   the   Treaty    establishing     the  European    Economic
Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Article 15(2) of the Convention between the European Economic
Community and the Republic of Austria, the Republic of Finland, the
Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and
the Swiss Confederation on a common transit procedure1 empowers the
Joint Committee set up by that Convention to make recommendations for
amendments to the Convention;
Whereas the Convention has been amended to allow the accession of new
Contracting Parties;
Whereas   the amendments     in question     are   set  out   in Recommendation
No 1/93 of the Joint Committee;        whereas the Agreement      in the form of
an  exchange  of    letters   relating    to  that   recommendation    should  be
approved,
HAS DECIDED AS FOLLOWS:
1   OJ No L 226, 13.8.1987, p. 2.
 ---pagebreak---                                  Article 1
The  Agreement  in  the  form   of   an exchange  of   letters between the
European Economic Community and the Republic of Austria, the Republic
of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom
of Sweden and the Swiss Confederation relating to the amendment of the
Convention  of  20 May 1987 on     a common  transit  procedure  is hereby
approved on behalf of the Community.
The text of the Agreement is attached to this Decision.
                                 Art icle 2
The President  of  the Council     is hereby  authorized  to designate the
person empowered to sign the Agreement in order to bind the Community.
Done at Brussels,
                              For the CounciI
                               The President
 ---pagebreak---                                    \o
                           AGREEMENT
IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC
COMMUNITY AND THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND, THE
REPUBLIC OF ICELAND, THE KINGDOM OF NORWAY, THE KINGDOM OF SWEDEN
AND  THE  SWISS CONFEDERATION  RELATING  TO  THE AMENDMENT  OF  THE
CONVENTION OF 20 MAY 1987 ON A COMMON TRANSIT PROCEDURE
 ---pagebreak---                                         il
                              Letter No 1
                                           Brussels,
Sir,
In   its Recommendation  No 1/93  of                  the  EEC-EFTA   Joint
Committee on common transit proposed a number of amendments to the EEC-
EFTA Convention of   20 May 1987 on    a common   transit  procedure.   The
proposed amendments are set out in the Annex.
I have the honour to confirm that the Community      is in agreement with
those amendments and I propose that, subject to any change which may be
made, they come into force on                  I should be obliged if you
would confirm that your Government   is in agreement with the amendments
and the proposed date on which they are to enter into force.
Please accept, Sir, the assurance of my highest consideration.
                                        On behalf of the Commission
                                        of   the    European   Communities
 ---pagebreak---                                               il
                                   Letter No 2
                                                  Brussels,
Sir,
I have the honour to acknowledge receipt of your letter which reads as
fol lows:
     'In its Recommendation No 1/93 of the EEC-EFTA Joint Committee on
     common  transit   proposed   a number     of amendments    to the EEC-EFTA
     Convention  of    20 May 1987    on  a   common   transit   procedure.   The
     proposed amendments are set out in the Annex.
     I have the honour to confirm that the Community             is in agreement
     with those amendments and       I propose that, subject       to any change
     which may be made, they come into force on                          I should
     be  obliged   if   you  would    confirm    that  your   government   is  in
     agreement with the amendments and the proposed date on which they
     are to enter into force.'
I have the honour to confirm that my Government            is in agreement with
the   contents  of   your   letter   and   the   proposed   date   on which   the
amendments are to enter into force.
Please accept, Sir, the assurance of my highest consideration.
                                             On behalf of the
                                             Government of ..
 ---pagebreak---                                                15
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                                                               COM(93) 334 final
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