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Document 32015D0835
Council Decision (EU) 2015/835 of 11 May 2015 on the position to be taken on behalf of 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
Council Decision (EU) 2015/835 of 11 May 2015 on the position to be taken on behalf of 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
Council Decision (EU) 2015/835 of 11 May 2015 on the position to be taken on behalf of 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
OJ L 132, 29.5.2015, p. 69–77
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
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29.5.2015 |
EN |
Official Journal of the European Union |
L 132/69 |
COUNCIL DECISION (EU) 2015/835
of 11 May 2015
on the position to be taken on behalf of 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:
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(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. |
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(2) |
Article 15 of the Convention empowers the EU-EFTA Joint Committee to recommend and adopt, by decision, amendments to the Convention and the Appendices thereto. |
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(3) |
The former Yugoslav Republic of Macedonia formally expressed its wish to join the common transit system. |
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(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. |
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(5) |
The enlargement of the common transit system will require amendments to the Convention concerning new linguistic references in the official language of the former Yugoslav Republic of Macedonia and the appropriate adaptations to guarantee documents. |
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(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. |
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(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 adopted on Union's behalf within 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
This Decision shall enter into force on 1 June 2015.
Done at Brussels, 11 May 2015.
For the Council
The President
J. DŪKLAVS
(1) OJ L 226, 13.8.1987, p. 2.
DRAFT
DECISION No …/2015 OF THE EU-EFTA JOINT COMMITTEE ON COMMON TRANSIT
of …
amending the Convention on a common transit procedure
THE EU-EFTA 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:
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(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. |
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(2) |
Accordingly, the versions in the official language of the former Yugoslav Republic of Macedonia of the references used in the Convention should be inserted in the Convention in the appropriate order. |
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(3) |
The application of this Decision should be linked to the date of accession of the former Yugoslav Republic of Macedonia to the Convention. |
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(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. |
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(5) |
The Convention should therefore 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 the Annex to this Decision.
Article 2
1. This Decision shall apply as of 1 July 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 EU-EFTA Joint Committee
The President
(1) OJ L 226, 13.8.1987, p. 2.
(*) OJ: Please insert the reference number and the date of adoption of the Decision contained in doc. ST08194/2015.
ANNEX
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1. |
In Annex B1, in box 51 the following indent is added between Latvia and Malta:
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2. |
In Annex B6, Title III is amended as follows:
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3. |
Annex C1 is replaced by the following text: ‘ANNEX C1 Common/Community Transit Procedure Guarantee Document Individual Guarantee I. Undertaking by the guarantor
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 … (7) (Stamp and signature)’ |
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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
II. Acceptance by the office of guarantee Office of guarantee … Guarantor's undertaking accepted on … … (Stamp and signature)’ |
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5. |
Annex C4 is replaced by the following text: ‘ANNEX C4 Common/Community Transit Procedure Guarantee Document Comprehensive Guarantee I. Undertaking by the guarantor
II. Acceptance by the office of guarantee Office of guarantee … Guarantor's undertaking accepted on … … (Stamp and signature)’ |
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6. |
In Box 7 of Annex C5, the words ‘the former Yugoslav Republic of Macedonia’ are inserted between the words ‘Iceland’ and ‘Norway’. |
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7. |
In box 6 of Annex C6, the words ‘the former Yugoslav Republic of Macedonia’ are inserted between the words ‘Iceland’ and ‘Norway’. |
(1) Surname and forename, or name of firm.
(2) Full address.
(3) 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.
(4) Surname and forename, or name of firm.
(5) 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.
(6) 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.
(7) To be complete by the office of guarantee.
(8) Surname and forename, or name of firm.
(9) Full address.
(10) Only for Community transit operations.
(11) 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.
(12) The signature must be preceded by the following in the signatory's own handwriting: “Guarantee”
(13) Surname and forename, or name of firm.
(14) Full address.
(15) Delete what does not apply.
(16) 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.
(17) Surname and forename, or name of firm.
(18) 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.
(19) 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.