[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 29.07.2005

SEC(2005) 1030 final

Draft

DECISION No 5/2005 OF THE EC-EFTA JOINT COMMITTEE ON ”COMMON TRANSIT”

concerning the invitation to Romania, to accede to the Convention of 20 May 1987 on a common transit procedure

- Draft common position of the Community - (presented by the Commission)

EXPLANATORY MEMORANDUM

CONTEXT OF THE PROPOSAL |

110 | Grounds for and objectives of the proposal Invitation of the EC-EFTA Joint Committee on "Common transit" addressed to Romania to accede to the Convention of 20 May 1987 on a common transit procedure in order to facilitate the movement of goods between Romania, the European Community and the EFTA countries. |

120 | General context The Convention of 20 May 1987 on a common transit procedure ('Convention') establishes the measures facilitating the movement of goods between the EC and the EFTA countries. In accordance with the provisions of Article 15(3) of the aforementioned Convention, the Joint Committee shall by decision invite a third country within the meaning of Article 3(1)c), to accede to the Convention in accordance with the procedure set out in Article 15a. Romania wished formally to be able to accede to the Convention after having satisfied the legal, structural and information technology requirements, which are essential preconditions for accession. The Joint Committee launches such an invitation where the country proves that it is in a position to conform to the detailed rules for the application of provisions of the Convention. Mandated by the EC-EFTA "Common transit" working group an evaluation mission covering mainly the adaptation of the Romanian national customs legislation, the creation of the structures necessary to manage the procedure and the implementation of the New Computerised Transit system (NCTS) allowing for the application of the common transit procedure Romania's established that the conditions of an invitation were met. |

139 | Existing provisions in the area of the proposal There are no existing provisions in the area of the proposal. |

141 | Consistency with other policies and objectives of the Union The proposal complies with the pre-accession strategy concerning the accession to the European Union. |

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT |

Consultation of interested parties |

211 | Consultation methods, main sectors targeted and general profile of respondents Consultation with and approval by the EC-EFTA "Common transit" working group, representing the Contracting parties to the Convention. |

212 | Summary of responses and how they have been taken into account Favourable opinion |

Collection and use of expertise |

229 | There was no need for external expertise. |

230 | Impact assessment Only two options can be examined. The situation remains unchanged and all movements of goods between Romania and the Community have, in the context of transit, to be carried out by using the TIR carnets (prices: 50 € per carnet) and a guarantee of 60 000 € per carnet. Romania accedes to the conventions in question and the TIR procedure can be replaced by the common transit procedure (estimated price per operation: 25 €). This reduces the cost by approximately 50% per transaction without counting any possible increase in trade. Moreover, this represents a better preparation to the accession to the European Union by using rules that are identical to those of the 'acquis communautaire'. |

LEGAL ELEMENTS OF THE PROPOSAL |

305 | Summary of the proposed action The Joint Committee wishes to take a decision and to launch the invitation. The drafts decision nr. 5/2005 has the objective to invite Romania to accede to the Convention of 20 May 1987 on a common transit procedure. The Commission is invited to approve this draft decision via the written procedure, in order to submit it to the Council in order to obtain a common position for its final adoption by the EC-EFTA Joint Committee on "Common Transit" at its next meeting. |

310 | Legal basis Article 15 (a) of the Convention of 20 May 1987 on a common transit procedure. |

329 | Subsidiarity principle The proposal falls under the exclusive competence of the Community. The subsidiarity principle therefore does not apply. |

Proportionality principle The proposal complies with the proportionality principle for the following reason(s). |

331 | The form of proposed action is the only possible. |

332 | The form of proposed action does not comprise any financing cost. |

Choice of instruments |

341 | Proposed instruments: other. |

342 | Other means would not be adequate for the following reason(s). There is not any other adequate instrument. |

BUDGETARY IMPLICATION |

409 | The proposal has no implication for the Community budget. |

ADDITIONAL INFORMATION |

510 | Simplification |

511 | The proposal provides for simplification of administrative procedures for public authorities (EU or national), simplification of administrative procedures for private parties. |

513 | The proposition introduces one common transit procedure for all the contracting parties to the Convention. |

514 | The common transit procedure allows the procedures concerning the movements of goods to be simplified. |

1. Draft

DECISION No 5/2005 OF THE EC-EFTA JOINT COMMITTEE ON ”COMMON TRANSIT”

concerning the invitation to Romania, to accede to 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,[1] and in particular Article 15(3)(e) thereof,

Whereas:

(1) The promotion of trade with Romania would be facilitated by a simplification of formalities to be carried out in the context of trade of goods between this country and the European Community, the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation.

(2) With a view to achieving such procedure it is appropriate to invite this country to accede to the Convention.

HAS DECIDED AS FOLLOWS:

Article 1

In accordance with Article 15(a) of the Convention, Romania is invited, in the form of an exchange of letters between the Council of the European Union and Romania in Annex to this decision, to accede to the Convention from […..]

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels,

For the Joint committee

The President

ANNEX

Letter No 1

Communication of the Decision of the EC-EFTA Joint Committee to invite Romania to accede to the Convention of 20 May 1987 on a common transit procedure

Sir,

I have the honour to inform you of the Decision of the EC-EFTA Joint Committee on common transit of ……. (Decision No 5/2005) inviting Romania to become a Contracting Party to the Convention of 20 May 1987 on a common transit procedure.

The accession of Romania to the Convention may be effected by lodging its Instrument of Accession with the General Secretariat of the Council of the European Union together with a translation of the Convention in the Official language of Romania in accordance with Article 15a of the Convention.

Please accept, Sir, the assurance of my highest consideration.

General SecretaryGeneral Secretariat of theCouncil of the European Union

Letter No 2

Instrument of Accession of Romania to the Convention on a common transit procedure

Romania,

Taking note of the Decision of the EC-EFTA Joint Committee on common transit of …. (Decision No 5/2005) to invite Romania to accede to the Convention of 20 May 1987 on a common transit procedure ("the Convention"),

Desiring to become a Contracting Party to that Convention,

HEREBY

Accedes to the Convention;

Attaches to this Instrument a translation of the Convention in the official language of Romania;

Declares that it accepts all the Recommendations and Decisions of the EC-EFTA Joint Committee on common transit adopted between the date of the Decision of ……… and the date that the Accession of Romania becomes effective in accordance with Article 15a of the Convention.

Done at......

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