52015PC0153

EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

1.1. Grounds for and objectives of the proposal

The Convention on a common transit procedure ("the Convention") was concluded on 20 May 1987 between the European Community and the EFTA countries.

The accession of the former Yugoslav Republic of Macedonia to the Convention involves the introduction of new linguistic references concerning this country into the text of the Convention. Furthermore, guarantee documents where Contracting Parties to the Convention are mentioned need to be changed accordingly.

The purpose is to adopt the common EU position on the draft Decision No 3/2015 of the EU-EFTA Joint Committee on common transit amending the Convention.

1.2. General context

The Convention establishes the measures facilitating the movement of goods between the European Union, the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Republic of Turkey.

The former Yugoslav Republic of Macedonia wishes formally to accede to the Convention and has fulfilled the legal, structural and information technology requirements, which are preconditions for accession.

Once all preconditions have been met by the former Yugoslav Republic of Macedonia and the country has been invited to accede and deposited its instrument of accession, it is necessary to amend the Convention with new linguistic references in the Macedonian language and the appropriate adaptations of guarantee documents. These amendments are to be introduced and applied as of the first day the former Yugoslav Republic of Macedonia starts using the common transit system.

1.3. Existing provisions in the area of the proposal

There are no existing provisions in the area of the proposal.

1.4. Consistency with other policies and objectives of the Union

Not applicable.

2.           RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

2.1. Consultation of interested parties

Consultation methods, main sectors targeted and general profile of respondents

Consultation with approval on the draft Decision No 3/2015 of the EU-EFTA Joint Committee on common transit amending the Convention were carried out with the Member States within the Customs Code Committee – Customs Status and Transit Section and with Contracting Parties to the Convention within the  EU-EFTA working group on "Common transit".

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.

2.2. Impact assessment

The accession to the Convention can be seen within the framework of the pre-accession strategy of the former Yugoslav Republic of Macedonia to the European Union. It will lead to an alignment to the 'acquis communautaire' in the transit area. The introduction of common transit in the former Yugoslav Republic of Macedonia as an alternative to the TIR procedure will bring further facilitation of transit, reduction in costs and a possible increase in trade.

3.           LEGAL ELEMENTS OF THE PROPOSAL

3.1. Summary of the proposed action

The accession of the former Yugoslav Republic of Macedonia involves the introduction of new linguistic references concerning this country, allowing the implementation of the common transit procedure between the Contracting Parties.

This draft decision was approved by the Customs Code Committee - Customs Status and Transit Section and by the EU/EFTA Working Group on Common transit.

The Commission is invited to approve this draft Decision by the written procedure, in order to submit it to the Council to establish a common position for its final adoption by the EU-EFTA Joint Committee on common transit.

3.2. Legal basis

Article 15 of the Convention of 20 May 1987 on a common transit procedure.

3.3. Subsidiarity principle      

The proposal falls under the exclusive competence of the European Union (common commercial policy) and therefore does not deserve an examination with regard to the principle of subsidiarity (Article 5(3) of the Treaty of the Functioning of the European Union).

3.4. Proportionality principle

The proposal complies with the proportionality principle for the following reasons:

            The form of proposed action is the only one possible.

            The form of proposed action does not involve any financing cost.

3.5. Choice of instruments

Proposed instruments: Decision.

There is no other adequate instrument.

4.           BUDGETARY IMPLICATION

The proposal has no implication for the EU budget.

5.           OPTIONAL ELEMENTS

Simplification

The proposal provides for simplification of administrative procedures for public authorities and simplification of administrative procedure for private parties.

The proposal introduces only one common transit procedure for all the Contracting Parties to the Convention.

The common transit procedure allows the authorisation of simplifications concerning private parties.

2015/0078 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by the European Union in the EU-EFTA Joint Committee on common transit as regards the adoption of a Decision amending  the Convention on a common transit procedure

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 15a of 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 on a common transit procedure[1]   (the "Convention") allows for a third country to become a Contracting Party to the Convention following a decision of the Joint Committee set up by the Convention to invite the country.

(2)       Article 15 of the Convention empowers the EU-EFTA Joint Committee to recommend and adopt, by decisions, amendments to the Convention and the Appendices thereto.

(3)       The former Yugoslav Republic of Macedonia formally expressed its wish to join the common transit system.

(4)       Having satisfied the essential legal, structural and information technology requirements which are preconditions for accession and following the formal procedure for accession, the former Yugoslav Republic of Macedonia may accede to the Convention.

(5)       The enlargement of the common transit system will require certain amendments to the Convention. These concern new linguistic references in Macedonian language and the appropriate adaptations to guarantee documents.

(6)       The proposed amendments were presented to and discussed within the EU-EFTA Working Group on "common transit" and "simplification of formalities in trade in goods" and the text received preliminary approval.

(7)       The position of the Union concerning the proposed amendments should  therefore be based on the attached draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union in the EU-EFTA Joint Committee on common transit  shall be based on the draft Decision attached to this Decision.

Minor changes to the draft decision may be agreed upon by the representatives of the Union in the EU-EFTA Joint Committee.

Article 2

After its adoption, the  Decision of the EU-EFTA Joint Committee on common transit shall be published in the Official Journal of the European Union.

Article 3

This Decision shall enter into force on 1 June 2015.

Done at Brussels,

                                                                       For the Council

                                                                       The President

[1]               OJ L 226, 13.8.1987, p. 2.

Draft

proposal for a Decision No …/2015 of the EU-EFTA Joint Committee on common transit amending the Convention on a common transit procedure

THE JOINT COMMITTEE,

Having regard to the Convention of 20 May 1987 on a common transit procedure[1]   and in particular Article 15(3) (a) thereof,

Whereas:

(1) The former Yugoslav Republic of Macedonia expressed its wish to accede to the Convention of 20 May 1987 on a common transit procedure (the "Convention") and has been invited to do so following Decision No …/2015 of ……….  2015*  by the Joint Committee established by the Convention.

(2) Accordingly, the Macedonian language versions of the references used in the Convention should be inserted in the Convention in the appropriate order.

(3) The application of this Decision should be linked to the date of accession of the former Yugoslav Republic of Macedonia to the Convention.

(4) In order to allow the use of guarantee forms printed in accordance with the criteria in force prior to the date of accession of the former Yugoslav Republic of Macedonia, a transitional period should be established during which the printed forms, with some adaptations, could continue to be used.

(5) Therefore the Convention should 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 Annex to this Decision.

Article 2

1. This Decision shall apply as of 1 June 2015. [

2. The forms based on the specimen forms in Annexes C1, C2, C3, C4, C5, C6 to Appendix III as in force on 1 December 2012   may continue to be used, subject to the necessary geographical adaptations and the adaptations concerning the address for service or the authorised agent, until 1 May 2016.

Done in Brussels, ………. 2015

                                                                        For the Joint Committee

The President

ANNEX

1. In Annex B1, in  box 51 the following indent is added between Latvia and Malta:

-  MK      The former Yugoslav Republic of Macedonia

2. In Annex B6, Title III is amended as follows:

2.1. In the first part of the table "Limited validity – 99200" the following indent is added before MT:

-  MK    Ограничено важење

2.2. In the second part of the table "Waiver – 99201" the following indent is added before MT:

-  MK    Изземање

2.3. In the third part of the table "Alternative proof – 99202" the following indent is added before MT

-  MK      Алтернативен доказ

2.4. In the fourth part of the table "Differences: office where goods were presented….(name and country) – 99203" the following indent is added before MT:

-  MK         Разлики:  Испостава каде стоките се ставени на увид …… (назив и земја)

2.5. In the fifth part of the table "Exit from ……………………..subject to restrictions or charges under Regulation/Directive/Decision No… - 99204" the following indent is added before MT:

-  MK    Излез од …………предмет на ограничувања или давачки согласно Уредба/Директива/Решение № …….

2.6. In the sixth part of the table "Prescribed itinerary waived – 99205" the following indent is added before MT:

-  MK    Изземање од пропишан правец на движење

2.7. In the seventh part of the table "Authorised consignor – 99206" the following indent is added before MT:

-  MK    Овластен испраќач

2.8. In the eighth part of the table "Signature waived – 99207" the following indent is added before MT:

-  MK    Изземање од потпис

2.9. In the ninth part of the table "COMPREHENSIVE GUARANTEE PROHIBITED – 99208" the following indent is added before MT:

-  MK    ЗАБРАНА ЗА УПОТРЕБА НА ОПШТА ГАРАНЦИЈА

2.10. In the 10th part of the table "UNRESTRICTED USE – 99209" the following indent is added before MT:

-  MK    УПОТРЕБА БЕЗ ОГРАНИЧУВАЊЕ

2.11.In the 11th part of the table "Issued retroactively" – 99210" the following indent is added before MT:

-  MK    Дополнително издадено

2.12. In the 12th part of the table "Various – 99211" the following indent is added before MT:

-  MK    Различни

2.13. In the 13th part of the table "Bulk – 99212" the following indent is added before MT:

-  MK    Рефус

2.14. In the 14th part of the table "Consignor – 99213" the following indent is added before MT:

-  MK    Испраќач

3. Annex C1 is replaced by the following text:

ANNEX C1

COMMON/COMMUNITY TRANSIT PROCEDURE

GUARANTEE DOCUMENT

INDIVIDUAL GUARANTEE

I. Undertaking by the guarantor

1. The undersigned[2]   ……………..resident at[3]    ……… hereby  jointly and severally guarantees, at the office of guarantee of .................up to a maximum amount of………in favour of the European Union (comprising the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland) and the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, the Swiss Confederation, the Republic of Turkey, the Principality of Andorra and the Republic of San Marino[4]    any amount of principal, further liabilities, expenses and incidentals - but not fines - for which the principal[5]         may be or become liable to the abovementioned countries for debt in the form of duty and other charges applicable to the goods described below placed under the Community or common transit procedure from the office of departure of ……… to the office of destination of……….

Goods description:

………..

2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the countries referred to in paragraph 1 and without being able to defer payment beyond a period of 30 days from the date of application the sums requested unless he or she or any other person concerned establishes before the expiry of that period, to the satisfaction of the competent authorities, that the operation has ended.

At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer beyond a period of 30 days from the date of application for payment the period within which he or she is obliged to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances on the money market or financial market in the country concerned.

3. This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned shall remain liable for payment of any debt arising during the Community or common transit operation covered by this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the demand for payment is made after that date.

4. For the purpose of this undertaking the undersigned gives his or her address for service[6]     in each of the other countries referred to in paragraph 1 as:

Country || Surname and forename, or name of firm, and full address

||

The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as duly delivered to him or her.

The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for service.

The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or more of those addresses, to inform the office of guarantee in advance.

Done at ……., on ………

………

(Signature)[7] 

II. Acceptance by the office of guarantee

Office of guarantee ……………

Guarantor's undertaking accepted on…… to cover the Community/common transit operation effected under transit declaration No….. of …..[8] 

(Stamp and signature)”

4. Annex C2 is replaced by the following text:

ANNEX C2

COMMON/COMMUNITY TRANSIT PROCEDURE

GUARANTEE DOCUMENT

INDIVIDUAL GUARANTEE IN THE FORM OF VOUCHERS

I. Undertaking by the guarantor

1. The undersigned[9]  …….resident at[10]   ........hereby jointly and severally guarantees, at the office of guarantee of .................in favour of the European Union (comprising the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland) and the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, the Swiss Confederation, the Republic of Turkey, the Principality of Andorra and the Republic of San Marino[11]   any amount of principal, further liabilities, expenses and incidentals - but not fines - for which a principal may be or become liable to the above mentioned States for debt in the form of duty and other charges applicable to the goods placed under the Community or common transit procedure, in respect of which the undersigned has undertaken to issue individual guarantee vouchers up to a maximum of EUR 7 000 per voucher.

2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the countries referred to in paragraph 1 and without being able to defer payment beyond a period of 30 days from the date of application the sums requested, up to EUR 7 000 per individual guarantee voucher, unless he or she or any other person concerned establishes before the expiry of that period, to the satisfaction of the competent authorities, that the operation has ended.

At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer beyond a period of 30 days from the date of application for payment the period within which he or she is obliged to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances on the money market or financial market in the country concerned.

3. This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned shall remain liable for payment of any debt arising during any Community or common transit operations covered by this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the demand for payment is made after that date.

4. For the purpose of this undertaking the undersigned gives his or her address for service[12]  in each of the other countries referred to in paragraph 1 as:

Country || Surname and forenames, or name of firm, and full address

||

            The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as duly delivered to him or her.

The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for service.

The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or more of those addresses, to inform the office of guarantee in advance.

Done at ….…., on ………

……

(Signature)[13]

II. Acceptance by the office of guarantee

Office of guarantee

…………………

Guarantor's undertaking accepted on

..........................

………………

(Stamp and signature)”

5. Annex C4 is replaced by the following text:

ANNEX C4

COMMON/COMMUNITY TRANSIT PROCEDURE

GUARANTEE DOCUMENT

COMPREHENSIVE GUARANTEE

I. Undertaking by the guarantor

1. The undersigned[14] ……….resident at[15]  …….hereby jointly and severally guarantees, at the office of guarantee of .................up to a maximum amount of………….being 100/50/30[16] %  of the reference amount, in favour of the European Union (comprising the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland) and  the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, the Swiss Confederation, the Republic of Turkey, the Principality of Andorra and the Republic of San Marino[17] , any amount of principal, further liabilities, expenses and incidentals - but not fines –

for which the principal[18]  ………may be or become liable to the abovementioned countries for debt in the form of duty and other charges applicable to the goods placed under the Community or common transit procedure.

2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the countries referred to in paragraph 1 and without being able to defer payment beyond a period of 30 days from the date of application the sums requested up to the limit of the abovementioned maximum amount, unless he or she or any other person concerned establishes before the expiry of that period, to the satisfaction of the competent authorities, that the operation has ended.

At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer beyond a period of 30 days from the date of application for payment the period within which he or she is obliged to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances on the money market or financial market in the country concerned.

This amount may not be reduced by any sums already paid under the terms of this undertaking unless the undersigned is called upon to pay a debt arising during a Community or common transit operation commenced before the preceding demand for payment was received or within 30 days thereafter.

3. This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned shall remain liable for payment of any debt arising during any Community or common transit operations covered by this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the demand for payment is made after that date.

4. For the purpose of this undertaking the undersigned gives his or her address for service[19]  in each of the other countries referred to in paragraph 1 as:

Country || Surname and forenames, or name of firm, and full address

||

The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as duly delivered to him or her.

The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for service.

The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or more of those addresses, to inform the office of guarantee in advance.

Done at ………., on ………

………

(Signature)[20]

II. Acceptance by the office of guarantee

Office of guarantee

……………

Guarantor's undertaking accepted on

...................

……………

(Stamp and signature)”

6. In Box 7 of Annex C5, the words "the former Yugoslav Republic of Macedonia" is inserted between the words "Iceland" and "Norway".

7. In box 6 of Annex C6, the words "the former Yugoslav Republic of Macedonia" is inserted between the words "Iceland" and "Norway".

[1]               OJ EU L 226, 13.8.1987, p.2.

*               OJ: Please insert the reference number and the date of adoption of the Decision contained in  doc…..

[2]               Surname and forename, or name of firm

[3]               Full address

[4]               Delete the name of the Contracting Party or Parties or States (Andorra or San Marino) whose territory is not transited. The reference to the Principality of Andorra and the Republic of San Marino shall apply solely to Community transit operation

[5]               Surname and forename, or name of firm

[6]               If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in this country, an agent authorised to receive any communications addressed to him and the acknowledgment in the second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to correspond. The courts of the place in which the addresses for service of the guarantor or his agents are situated shall have jurisdiction in disputes concerning this guarantee

[7]               The person signing the document must enter the following by hand before his or her signature "Guarantee for the amount of…", the amount being written out in letters

[8]               To be complete by the office of guarantee

[9]               Surname and forename, or name of firm

[10]             Full address

[11]             Only for Community transit operations

[12]             If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in this country, an agent authorised to receive any communications addressed to him and the acknowledgment in the second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to correspond. The courts of the place in which the addresses for service of the guarantor or his agents are situated shall have jurisdiction in disputes concerning this guarantee

[13]             The signature must be preceded by the following in the signatory's own handwriting: "Guarantee",

[14]             Surname and forename, or name of firm

[15]             Full address

[16]             Delete what does not apply

[17]             Delete the name of the Contracting Party or States (Andorra or San Marino) whose territory is not transited. The reference to the Principality of Andorra and the Republic of San Marino shall apply solely to Community transit operations

[18]             Surname and forename, or name of firm

[19]             If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in this country, an agent authorised to receive any communications addressed to him and the acknowledgment in the second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to correspond. The courts of the place in which the addresses for service of the guarantor or his agents are situated shall have jurisdiction in disputes concerning this guarantee

[20]             The signature must be preceded by the following in the signatory's own handwriting: "Guarantee for the amount of…" with the amount written out in full.