Communication from the Ministry of Foreign Affairs No. 112 / 1999 Coll.
Communication from the Ministry of Foreign Affairs of 12 February 1999 supplementing Annexes I, II and III to the Convention of 20 May 1987 on a common transit procedure
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International Treaty
Effective from 31.03.1999
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15.06.1999
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112
COMMUNICATION
Ministry of Foreign Affairs
On 12 February 1999, the Ministry of Foreign Affairs stated that the Joint Committee of the European Community and the European Free Trade Association (EC- EFTA) "Common Transit Scheme ', Resolution No 1 / 99 supplementing Annexes I, II and III to the Convention of 20 May 1987 on a common transit procedure, was adopted in Brussels. *)
Order No 1 / 99 entered into force on 31 March 1999 on the basis of Article 4 thereof and thus entered into force for the Czech Republic.
The Czech translation of Resolution No 1 / 99 is being announced simultaneously.
ORDER No 1 / 99
EC-EFTA Joint Committee "Common transit procedure"
of 12 February 1999
supplementing Annexes I, II and III to the Convention of 20 May 1987 on a common transit procedure
The Joint Committee,
based on the Convention of 20 May 1987 on a common transit procedure, in particular Article 15 (3) (a), (1)
considering that:
the difficulties in recent years throughout the transit procedure have caused and are still causing significant losses in the budgets of the Contracting Parties and constitute a permanent threat to European trade and economic operators;
the modernisation of transit procedures is therefore considered necessary and their transfer to computer processing constitutes an important element in that modernisation,
the implementation of new computer-based schemes based on the use of modern information technology and electronic data exchange (EDI) requires the adaptation of legal provisions to meet procedural, technical, security and legal certainty needs,
the exchange of information between competent authorities will be safer and more reliable as they will no longer be provided by stakeholders;
the approval of the participants will benefit from the possibility of submitting a transit declaration using a computerised data-processing technique;
the implementation and control of security measures is very important for achieving and maintaining a reliable and safe implementation of transit operations;
the introduction of a new computerised transit system at different functional stages requires a legal framework to be established in accordance with the development in question;
He decided:
Annex I to the Convention is added as follows:
1. the following points (k) and (l) shall be added to Article 2 (1):
"(k)" release of goods "means an act by which the competent authorities authorise a common transit operation for goods;
(l) "personal data" shall mean any information relating to an identified or identifiable natural or legal person. ';
2. Article 10 (4) is replaced by the following:
"(4) Transit declaration T1 must be signed by the principal and must be presented to the place of departure in the number of copies requested by the competent authority. ';
3. the following Article 10a is added:
(1) Under the conditions and in a manner determined by the competent authority and subject to the principles laid down by customs legislation, the competent authorities may allow the processing of formalities by means of a computerised data-processing technique.
For this purpose:
- the term "computer data processing technique" means:
(a) exchange of EDI messages with competent authorities;
(b) the introduction of the information required for the completion of the formalities concerned in the data-processing systems of the competent authority;
- the term "EDI" means the transmission of data structured in accordance with agreed reporting standards between two computer systems by electronic means;
- the term "standard message" means a pre-defined structure that is recognised for electronic data transmission.
(2) Under the conditions and in a manner determined by the competent authority and having due regard to the principles laid down by customs legislation, the competent authority may allow the customs declaration or certain particulars contained therein to be presented using disks or magnetic tapes or the exchange of information by similar means, if necessary in coded form. "
4. Article 15 (1) is replaced by the following:
"(1) The goods shall be transported together with a copy of the T1 transit declaration issued by the place of departure. If so approved, the document may be printed from the principal's computer system. ';
5. The following Articles 15a to 15d are added:
(1) Where the transit declaration is processed by computer systems at the place of dispatch, the T1 transit declaration shall be replaced by the transit accompanying document referred to in Article 5 of Annex III.
(2) In the case referred to in paragraph 1, the place of departure shall retain the transit declaration and notify the principal of the compulsory release for the procedure by the transfer of the transit accompanying document. In this case, paragraph 2 of Article 13 shall not apply.
(1) Where the provisions of this Convention concern any copy, transit declaration or document of the same importance as the T1 transit declaration accompanying the consignment, those provisions shall apply mutatis mutandis (mutatis mutandis) to the transit accompanying document.
(2) Where reference is made to more than one copy of the transit declaration, the competent authority shall provide additional copies of the transit accompanying document where appropriate.
Unless otherwise specified in this Convention, the transit accompanying document shall not be modified or deleted or supplemented.
(1) If appropriate, the transit accompanying document shall be accompanied by a list of the items specified in Article 6 of Annex III or by a consignment note.
(2) The loading list or list of items on the transit accompanying document shall form an integral part thereof and shall not be separated from that document. ';
6. The following text shall be added after Article 23:
"CHAPTER 1A
OTHER PROVISIONS APPLICABLE TO ALL WHERE TRANSIT DATA ARE TRANSFER WITH INFORMATION TECHNOLOGY AND COMPUTER NETWORKS BETWEEN THE COMPETENT AUTHORITIES
Scope
(1) Subject to specific circumstances and without prejudice to the provisions of the Annexes relating to the T1 and T2 schemes which will apply mutatis mutandis where appropriate (mutatis mutandis), the exchange of information between the competent authorities described in this Chapter will be carried out using information technology and computer networks.
(2) The provisions of this Chapter apply to:
(a) goods carried by rail in accordance with Articles 73 to 100 of Annex II;
(b) goods carried by air in accordance with Article 52 of Annex II;
(c) goods carried by sea where simplified procedures are applied in accordance with Article 56 of Annex II;
(d) goods carried by pipeline.
Security
(1) The conditions laid down for the processing of formalities by the data processing technique shall include, inter alia, arrangements for the control of the data source and for the protection of data against accidental or unlawful destruction or accidental loss, alteration or unauthorised access.
(2) Outside the security requirements referred to in paragraph 1, the competent authority shall establish and maintain adequate security measures for the effective, reliable and safe operation of the entire transit system.
(3) In order to ensure the above level of safety, all data inputs, modifications and erasures shall be recorded, indicating the purpose of such processing, time and person who carried out the processing. In addition, the original data or any data which are the subject of such processing shall be retained for a period of at least three calendar years from the end of the year to which the data relate or for a period longer if so determined by any other provision.
(4) The competent authority shall regularly check the safety.
(5) The competent authorities shall inform each other of any suspected security breach.
Protection of personal data
(1) The Contracting Parties shall use personal data provided for the application of this Convention exclusively for the purposes of this Convention and other customs arrangements approved by the customs authorities following the T1 or T2 procedure. However, this restriction will not prevent the use of data for investigation and legal proceedings following the T1 or T2 regime. In this case, the competent authority which supplied this information shall be informed without delay of such use.
(2) The Contracting Parties undertake to take the necessary measures to ensure, as regards the processing of personal data provided in connection with the application of this Convention, the protection of personal data, which shall be at least at the level of the principles of the Council of Europe Convention of 28 January 1981 on the Protection of Persons in Automatic Processing of Personal Data.
(3) Each Contracting Party shall take the necessary measures by effective checks to ensure compliance with the conditions of this Article.
Loading lists
Under the conditions and in the manner specified by the competent authority and taking due account of the principles laid down in the customs legislation, the competent authority may authorise the use of loading lists as a descriptive part of the transit declaration processed by the computerised data processing technique.
Report of expected arrival of goods
The place of departure shall inform the declared destination of the transit operation at the latest on release of the goods using the message specified in Article 7 of Annex III.
Approved consignor of goods
(1) Notwithstanding the provisions of Article 103 of Annex II, the authorised consignor shall forward the transit declaration before the intended release of the goods.
(2) Authorisations may be granted only to a person who transmits his transit declaration under the conditions laid down in Article 104 of Annex II and communicates with the competent authority using a computerised data-processing technique.
Approval
Notwithstanding the provisions of Article 105 (b) of Annex II, the approval shall specify the date by which the authorised consignor shall forward the transit declaration in such a way that the competent authority may carry out the necessary checks prior to the planned placing of the goods under the procedure.
Information on arrival and results of inspection
(1) Notwithstanding the provisions of paragraph 2 of Article 22 of Annex I, the place of destination shall retain the transit accompanying document and shall immediately notify the delivery of the goods to the place of departure and communicate the results of the customs control of the place of departure as soon as they are available. The reports to be used for the transmission of this information are specified in Article 8 of Annex III.
(2) The notification of delivery of the goods at the place of departure may not be used as proof of the proper execution of the transit operation.
Checks based on the expected arrival report
Where the transit data are transmitted between the place of dispatch and the place of destination using information technology and networks, the control of the goods shall be carried out using the notification received from the place of departure as the basis for such control. ';
7. Paragraph 2 of Article 29 is replaced by the following:
"(2) The guarantee referred to in paragraph 1 may be lodged as a cash security at the place of dispatch. In this case it shall be released as soon as the T1 transit procedure is completed at the place of departure. ';
8. Article 31 is replaced by the following:
(1) The guarantor is exempted from his obligations if the T1 scheme has been discharged at the place of departure.
(2) The guarantor is also exempted from his obligations after the 12-month period from the time of registration of the T1 transit declaration, unless the competent authorities of the country of departure have informed him that the T1 transit procedure has not been discharged.
(3) Where the competent authorities have informed the guarantor that the T1 scheme has not been discharged within the period indicated in paragraph 2, they shall be further notified that the amounts for which they are liable in respect of the T1 scheme in question must or may have to be paid. This notification shall be made to the guarantor no later than three years after the registration of the T1 transit declaration. In the absence of notification within the aforementioned period, the guarantor shall also be exempt from his obligations. ';
Paragraph 2 of Article 27 of Annex II is replaced by the following:
"(2) The loading list shall be presented in the number of copies requested by the competent authority. ';
Annex III is amended as follows:
1. The following Articles 4 to 8 are added:
"Transit declaration using data-processing techniques
(1) A transit declaration made using a computerised data-processing technique as defined in Article 10a (1), second subparagraph, first indent, point (a) of Annex I shall comply with the structure and particulars set out in Appendices VIIa and VIIb.
(2) Where the transit declaration is made out using a computerised data-processing technique as defined in point (a) of the second subparagraph of Article 10a (1), first indent, point (a) of Annex I, the particulars of the written transit declaration referred to in Appendix VII of Annex III shall be replaced by the sending of data to the competent authority designated for this purpose with a view to processing them in a coded form or in any other form specified by the competent authority and the corresponding data required for the written transit declaration.
Transit accompanying document
Transit accompanying document referred to in Article 15a of the Annex I shall conform to the model and particulars set out in Appendix X.
List of items
List of items referred to in Article 15d of the Annex I shall conform to the model and particulars set out in Appendix XI.
Report of expected arrival of goods
Report referred to in Article 23e of the Annex I shall correspond to the structure and formalities set out in Appendices VIIa and VIIb.
Report of arrival and report of result of inspection
The reports referred to in Article 23h of Annex I shall conform to the structure and formalities set out in Appendices VIIa and VIIb. ';
2. Appendix VIIa is inserted as set out in Annex A to this resolution.
3. Appendix Vllb is inserted as set out in Appendix B to this resolution.
4. Appendix IXa is inserted as set out in Appendix C to this resolution.
5. Appendix X is inserted as set out in Appendix D to this resolution.
6. Appendix XI is inserted as set out in Appendix E to this resolution.
(1) This resolution shall enter into force on 31 March 1999. Article 15a, first paragraph, of the Annex However, they shall be used by the place of departure at the latest when the computerised transit procedure is introduced at that place.
(2) The approval granted in accordance with Article 103 of Annex II, in force at the time this resolution enters into force, must comply with the requirements of Articles 23f and 23g of Annex I by 31 March 2004 at the latest.
Received in Brussels, February 12, 1999.
For the Joint Committee:
Frida Nokken v. r.
The President
PŘÍLOHA A
ANNEX A
APPENDIX VIIa
Explanatory notes to the reports listed in Appendix VIIb and to the rules and conditions applicable to the data contained in the reports
Introduction
This Title describes the structure of IE messages (IE = information exchange = information exchange), i.e. the model used to describe the content of messages to be exchanged between competent authorities, as well as between economic operators and competent authorities using information technology and computer networks.
In this system are messages - IE divided into data groups which contain data (characteristics). The data (characteristics) are grouped in such a way that they form continuous logical blocks within each message - IE.
This model allows identification of:
● characteristics of data groups belonging to one message - IE: order, number of repetitions, value of the status indicating whether the data group is mandatory (R), optional (O) or conditional (C);
● characteristics of data belonging to the data group: order, number of repetitions, type, length and value of the status for indication whether the data is mandatory (R), optional (O) or conditional (C);
● an indication of the data group indicating that the data group may contain not only data but also other data groups;
● conditions applicable to data or data groups in relation to other data or data groups in the same message - IE;
● rules on the structure which applies to data or data groups and which explain how the data or data groups concerned are used in the report - IE.
Message structure - IE
(A)
| IE15. (a) | Údaje z celního prohlášení (b) | E_DEC_DAT (c) |
(B)
(C)
| TRANZITNÍ OPERACE (a) | |||
| LRN - Lokální referenční číslo(b) | R(c) | an(d)..17(e) | |
| Typ deklarace (odstavec 1) | R | an..5 | |
| Počet ložných listů (odstavec 4) | O | n..5 | prav. 95 |
| Celkový počet nákladových kusů (odstavec 6) | C | n..7 | podm. 95 |
| prav. 105 | |||
| POLOŽKA ZBOŽÍ | |||
| Typ deklarace (ex odstavec 1)(f) | C | a..5 | podm. 45(g) |
| Země odeslání (ex odstavec 15a) | C | a2 | podm. 135 |
| Země určení (ex odstavec 17a) | C | a2 | podm. 140 |
(D)
CONDITIONS FOR IE
| podm. 55: | JESTLIŽE `Kontejner' (odstavec 19) = `1' |
| PAK `KONTEJNERY (odstavec 31)' = `R' | |
| JINAK `KONTEJNERY (odstavec 31)' = `O'. |
(E)
RULES FOR IE
| prav. 11: | Jestliže je v tranzitním celním prohlášení uveden pouze 1 příjemce, potom je použita datová skupina `ÚČASTNÍK - Příjemce (odstavec 8)' úrovni TRANZITNÍ OPERACE. Datová skupina `ÚČASTNÍK - Příjemce (ex odstavec 8)' na úrovni POLOŽKA ZBOŽÍ nemůže být použita. |
Explanatory notes
The IE model is divided into five parts:
(A)
Part identification, each message - IE is identified as follows:
● a unique number consisting of two "IE" characters followed by not more than 3 digits (a);
● by name (b);
● a unique reference number (c) in relation to one another with a specific number IE; each IE has a prefix 'E _' (external area), 'C _' (common area) or 'N _' (internal area).
(B)
The structural part contains the following elements:
● order of data groups in the message - IE;
● name of the data group (a);
● number followed by "x" (b) indicating how many times the data group in the message - IE can be repeated;
● value (c) indicating whether the data group is mandatory (R), optional (O) or conditional (C);
● where applicable, "paragraph number '(d) corresponding to the paragraph number in the JCD - Single Customs Declaration;
● reference to the condition and / or to the data rule (e);
● the indent of the data group (f) indicates that the data group is dependent on the data group with a lower order indent.
(C)
The data part of the "Data group 'gives the following elements for each attribute:
● order of data within the data group;
● name of the data group (a), which is the same as in the structural part;
● attribute name (b) within the data group;
● value (c) indicating whether the figure is mandatory (R), optional (O) or conditional (C);
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No 112 / 1999 Coll., on the negotiation of Resolution No 1 / 99 of the EC-EFTA Joint Committee on a common transit procedure of 12 February 1999 supplementing Annexes I, II and III to the Convention of 20 May 1987 on a common transit procedure |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1999 |
|---|---|
| Effective from | 31.03.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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