Communication from the Ministry of Foreign Affairs No. 174 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the access of the Czech Republic to the Convention on the simplification of formalities in trade in goods between the European Community and the countries of the European Free Trade Association (EFTA)
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International Treaty
Effective from 01.07.1996
Text versions:
19.06.1996
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174
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 28 April 1987 the Convention on the simplification of formalities in trade in goods between the European Economic Community and the countries of the European Free Trade Association (EFTA) was negotiated in Interlaken.
The Convention was approved by Parliament of the Czech Republic and the Charter on access to the Convention on the simplification of formalities in trade in goods between the European Economic Community and the countries of the European Free Trade Association was deposited with the General Secretariat of the Council of the European Communities, the depositary of the Convention, on 20 May 1996.
The Convention entered into force on 1 January 1988 on the basis of Article 17 (1) thereof. It entered into force for the Czech Republic in accordance with the text of its Article 11a (3) on 1 July 1996.
The Czech translation of the Convention is being announced simultaneously.
Convention
on simplification of formalities
in godly contact
THE EUROPEAN ECONOMIC COMMUNITY,
in another "Community ', and
THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND, THE REPUBLIC OF ISLAND, THE KINGDOM OF NORWAY, THE KINGDOM OF SWEDEN AND THE SWEDEN CONFEDERATION
in another "EFTA countries' -
RECALLING for a free trade agreement concluded between the Community and each EFTA country,
RECALLING the Joint Declaration adopted by the Ministers of the EFTA States and the Member States of the Community and the Commission of the European Communities in Luxembourg on 9 April 1984, which contains a call for the creation of a European Economic Area, in particular with a view to simplifying border formalities and rules on origin,
CONSIDERING that the Community has decided, within the framework of an action programme to strengthen the internal market, to introduce a single administrative document from 1 January 1988 in intra-Community trade in goods,
WHEREAS it is appropriate also to simplify formalities for trade in goods between the Community and EFTA countries and between EFTA countries, in particular by introducing a single administrative document,
WHEREAS this Convention may not be interpreted as relieving the Contracting Parties of their obligations under other international agreements,
HAVE AGREED AS FOLLOWS:
General
(1) This Convention lays down measures to simplify formalities in trade in goods between the Contracting Parties; for this purpose, a single administrative document (hereinafter referred to as the Single Document) shall be established, which shall be used regardless of the type and origin of the goods for all customs procedures for export and import as well as for the common transit procedure (hereinafter referred to as the transit procedure) applicable between the Contracting Parties for the carriage of the goods.
(2) Within the meaning of the Convention, "third country" shall be any country not party to this Convention.
(3) From the moment the accession of a country under Article 11a as new Contracting Parties becomes effective, any provision relating to EFTA countries shall apply solely for the purposes of this Convention, in the sense of that country.
Formalities linked to the trade in goods between the Contracting Parties shall be completed by means of a Single Document for which forms according to the models in Appendix I to this Convention should be used. The single document shall, as appropriate, serve either as a customs declaration or as a document for export, transit or import.
In addition, the Contracting Party may only require administrative documents which:
- are specifically required for the implementation of the legislation in force with the relevant Contracting Party, the application of which would not be secured by the use of the Single Document itself;
- are required under other international conventions to which it is a Contracting Party;
- they are required by the interested parties to be able to obtain a certain advantage or facilitation upon request.
(1) This Convention does not prevent Contracting Parties from applying simplified procedures, including using data-processing devices, in the light of further simplification for interested parties.
(2) Simplified procedures may allow the goods concerned not to be delivered to the customs office and not to the customs declaration; an incomplete declaration may also be authorised. In such cases, a customs declaration which may, with the agreement of the competent authorities, be a periodic summary declaration submitted within the time limit specified by those authorities shall be submitted. In the cases referred to in paragraph 1, the use of commercial documents may be authorised instead of the Single Document.
Where the Single Document is used, the interested party may, with the agreement of the competent authorities, attach, in order to complete all formalities relating to export and import, instead of supplementary sheets to the Single Document, lists of the goods in which the goods are described.
(3) This Convention does not prevent the Contracting Parties from
- for postal services (letter and parcel mail), refrain from using the Single Document;
- waive the written declaration;
- having regard to further simplification of formalities for all trade or for sub-areas between themselves to conclude agreements or conventions;
- in the case of consignments involving several types of goods, use the loading lists for completion of formalities in transit arrangements instead of supplementary sheets to the Single Document;
- permit the declaration to be made in accordance with conditions laid down by the competent authorities, where appropriate without the form, by means of public or private data-processing establishments;
- to allow the competent authorities to require the introduction of such data into their data-processing systems necessary for the completion of the relevant formalities, without, where appropriate, a written declaration, for the processing of the customs declaration;
- allow the competent authorities, in the case of the use of a data processing system for the processing of a customs declaration, to determine that the export, transit or import is either carried out by means of the Single Document that makes that system, or, if such document is not made, by the introduction of data into a data processing device;
- apply the simplifications approved by the Joint Committee in the form of resolutions pursuant to Article 11 (3).
Formalities
(1) The provisions on completion of the formalities necessary for export, transit and import by means of the Single Document are set out in Appendix II to this Convention.
(2) The common codes to be used in the forms listed in Appendix I are set out in Appendix III to this Convention.
(1) The customs declaration should be completed in one of the official languages of the Contracting Parties approved by the competent authorities of the country and in which the formalities for export or transit are carried out. The customs office of destination or transit country may, where appropriate, require the declarant or his representative in that country to translate the declaration into the official language or one of the official languages of that country.
(2) By way of derogation from paragraph 1, the customs declaration shall be completed in one of the official languages of the importing country whenever the declaration in that country is made on copies of a customs declaration other than the copies presented to the customs office in the exporting country or in the country of dispatch.
(1) The declarant or his representative may, for each individual section of the procedure used for the carriage of goods between the Contracting Parties, use those copies of the declaration which are necessary for the completion of the formalities only in that one section and to which, where appropriate, the copies necessary for completion of the formalities in one of the following sections.
(2) The application of paragraph 1 shall not be linked to the specific condition of the competent authorities, without prejudice to any specific provisions on bulk consignments, but the competent authorities may count on the formalities for export and the transit procedure to be completed on the same form by means of copies intended for such formalities.
In the cases referred to in Article 7, the competent authorities shall satisfy themselves as far as possible whether the particulars contained in each section of the completed copies of the declaration agree.
Official assistance
(1) In order to ensure smooth contact between the Contracting Parties and to facilitate the detection of defects or infringements, the customs authorities of those countries shall, upon request - and if they consider that this is in the interests of the other Contracting Party, on their own initiative - provide each other with all the information available (including reports and findings drawn up by administrative authorities) and relevant for the proper implementation of this Convention.
(2) Official assistance may be refused or refused in part or in whole if the requested country considers that such assistance would be detrimental to its security, public policy or other serious interests, or that it would be contrary to manufacturing, commercial or professional secrecy.
(3) When refusing or refusing official assistance, the requesting country shall be informed without delay of the relevant decision and the reasons for it.
(4) Where the customs office of a country requests official assistance which it would not have been able to provide if it had been requested, it shall refer to that fact in its request. It shall be at the discretion of the requested customs office to comply with that request.
(5) Information obtained under paragraph 1 may be used only for the purposes of this Convention and shall enjoy the protection provided by the national law of the country which has received this information. Such information may be used for other purposes only with the written consent of the customs office which provided it and subject to the restrictions imposed by that office.
Joint Committee
(1) A Joint Committee shall be established in which each Contracting Party to this Convention shall be represented.
(2) The Joint Committee shall act with the consent of all parties.
(3) The Joint Committee shall meet, if necessary, at least once a year. Each Contracting Party may request a meeting.
(4) The Joint Committee shall establish rules of procedure which shall, inter alia, provide for the convening of meetings, the appointment of the President and the duration of his or her term of office.
(5) The Joint Committee may set up subcommittees and working groups to assist it in carrying out its tasks.
(1) The task of the Joint Committee is to manage this Convention and ensure its proper implementation. In order to carry out this activity, the Parties shall be regularly informed of the practical experience of the application of this Convention; The Joint Committee shall make recommendations and adopt resolutions in the cases referred to in paragraph 3.
(2) The Joint Committee recommends in particular:
(a) amendments to this Convention;
(b) all other measures necessary for the implementation of the Convention.
(3) The Joint Committee shall act on amendments to the Appendices to this Convention, on the simplifications referred to in Article 4 (3), last dash, and on invitations to third countries within the meaning of Article 1 (2) to accede to this Convention in accordance with the procedure in Article 1 (1a). Apart from inviting third countries, these resolutions will be implemented by the Contracting Parties according to their own legislation.
(4) Where a representative of a Contracting Party has adopted a resolution in the Joint Committee subject to fulfilment of constitutional requirements, the resolution shall become valid, unless it contains a date, on the first day of the second month following the written notification of the revocation of the reservation.
(5) The resolution of the Joint Committee within the meaning of paragraph 3 inviting a third country to accede to this Convention will be delivered to the General Secretariat of the Council of the European Communities, which shall notify it to the relevant third country together with the text of the Convention in force on that date.
(6) After the date referred to in paragraph 5, the third country concerned may be represented by observers in the Joint Committee, subcommittees and working groups.
Accession of third countries
(1) Any third country which receives an appropriate invitation from the depositary of the Convention pursuant to a resolution of the Joint Committee may become a Contracting Party to this Convention.
(2) A third country invited to accession shall become a Contracting Party to this Convention by the deposit of an instrument of accession with the General Secretariat of the Council of the European Communities. This instrument shall be accompanied by a translation of the Convention in the official language (s) of the acceding third country.
(3) Access shall take effect on the first day of the second month following the deposit of the instrument of accession.
(4) The depositary shall notify the Contracting Parties of the date of deposit of the instrument of accession and of the date on which accession takes effect.
(5) The recommendations and resolutions which the Joint Committee has expressed or adopted pursuant to Article 11 (2) and (3) between the date referred to in paragraph 1 and the date on which accession takes effect shall also be notified to the third country invited to accession by the General Secretariat of the Council of the European Communities.
The adoption of these documents shall be the subject of a declaration in the instrument of accession or a special instrument to be deposited with the General Secretariat of the Council of the European Communities within six months of their notification. If the declaration is not lodged within that period, accession shall become invalid.
General and final provisions
Each Contracting Party shall take appropriate measures to ensure the effective and balanced implementation of this Convention, taking into account the need to remove as far as possible the formalities which burden the carriage of goods and to resolve to all-round satisfaction the difficulties encountered in the application of the provisions of this Convention.
The Contracting Parties shall inform each other of the provisions they issue for the implementation of this Convention.
The Appendices are part of this Convention.
(1) This Convention applies, on the one hand, to the territories in which the Treaty establishing the European Economic Community and its rules apply and, on the other hand, to the territories of the EFTA States.
(2) This Convention also applies to the Principality of Liechtenstein if the Principality of Liechtenstein is linked to the Swiss Confederation by the Customs Union Treaty.
Each Contracting Party may terminate this Convention, subject to a period of 12 months; the written statement shall be addressed to the depositary referred to in Article 17, which shall notify all other Contracting Parties thereof.
(1) This Convention shall enter into force on 1 January 1988, provided that the Parties have deposited their instruments of acceptance before 1 November 1987 with the General Secretariat of the Council of the European Communities, which shall act as depositary.
(2) If this Convention is not in force on 1 January 1988, it shall become force on the first day of the second month following the deposit of the last instrument of acceptance.
(3) The depositary shall notify the Contracting Parties of the date of deposit of the instrument of acceptance of each Contracting Party and of the date of entry into force of this Convention.
This Convention shall be drawn up in the Danish, German, English, Finnish, French, German, Greek, Hungarian, Italian, Dutch, Norwegian, Portuguese, Swedish and Spanish languages, each text being equally authentic; is stored in the archives of the General Secretariat of the Council of the European Communities; the Secretariat shall supply each Contracting Party with one certified copy.
Appendix I
Models referred to in Article 2 of the Convention
This Appendix contains the following models:
- Annex 1: Model Form Single Document referred to in Article 1, paragraph 1 (a) of Appendix II
- Annex 2: Model Single Document form referred to in Article 1, paragraph 1 (b) of Appendix II
- Annex 3: Model form for supplementary sheets referred to in Article 1, paragraph 2 (a) of Appendix II
- Annex 4: Model form for supplementary sheets referred to in Article 1, paragraph 2 (b) of Appendix II
Příloha 1
Annex 1
Příloha 2
Annex 2
Příloha 3
Annex 3
Příloha 4
Annex 4
Appendix II
Printing, filling out and using the Single Document
Printing of the Single Document
(1) Without prejudice to the possibility of using the sub-sets referred to in Annex 3 to this Appendix, forms of the Single Document shall consist of eight copies:
- (a) either in sets of eight successive copies in accordance with the model in Annex 1 to Appendix I,
- (b) or, in particular, where data-processing equipment is used for the issue and completion of the declaration, in two sets of four successive copies, in accordance with the model in Annex 2 to Appendix I.
(2) Where appropriate, the single document may be accompanied by supplementary sheets:
- (a) in sets of eight successive copies in accordance with the model in Annex 3 to Appendix I,
- (b) or in two sets of four successive copies in accordance with the model in Annex 4 to Appendix I.
(3) By way of derogation from paragraph 2, Contracting Parties may not authorise the use of supplementary sheets where data-processing establishments which print the declaration are used to complete the declaration.
(4) Interested parties may have a set of forms printed, containing only those copies, in accordance with the models in Appendix I, which they need for their declarations.
(5) In the upper left-hand corner of the form, the Contracting Parties may have an indication identifying the Contracting Party concerned printed by printing. Where such documentation is presented to the authorities of the other Contracting Party, this indication shall not prevent the acceptance of the declaration.
(1) The forms must be printed on self-copy paper weighing at least 40 grams per square metre. This paper must be made in such a way that the data on the front do not make it difficult to read the data on the back and must not be torn or squeezed in normal use. White paper must be used for all copies. On copies used for transit (1, 4, 5 and 7), however, paragraph 1 (except for the central part) has 2, 3, 4, 5, 6, 8, 15, 17, 18, 19, 21, 25, 27, 31, 32, 33 (first sub-paragraph on the left), 35, 38, 40, 44, 50, 51, 52, 53, 55 and 56, green basis. The forms shall be printed in green.
(1a) Individual copies of the forms shall be marked in colour as follows:
- (a) on forms conforming to the models in Annexes 1 and 3 to Appendix I:
- copies 1, 2, 3 and 5 with a red, green, yellow or blue stripe along the right edge,
- copies of 4, 6, 7 and 8 with intermittent blue, red, green or yellow stripes along the right edge,
- (b) on forms conforming to the models in Annexes 2 and 4 to Appendix I, the copies 1 / 6, 2 / 7, 3 / 8 and 4 / 5 shall be accompanied by a red, green, yellow or blue stripe along the right edge of the whole and the right.
These stripes are approximately 3 mm wide. The intermittent stripe consists of a row of squares of 3 mm side length and 3 mm gap.
(2) Annex 1 shall contain copies showing the entries on the forms. The copies on which the entries in the supplementary sheets must appear are set out in Annex 2.
(3) The forms shall be 210 x 297 mm in format, with tolerances within the range - 5 to + 8 mm.
(4) The Contracting Parties may provide that forms shall contain the name and address or mark of the printer.
Filling of the Single Document
(1) The forms must be completed in accordance with the instructions in Annex 3.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No 174 / 1996 Coll., on the access of the Czech Republic to the Convention on the simplification of formalities in trade in goods between the European Community and the countries of the European Free Trade Association (EFTA) |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.06.1996 |
|---|---|
| Effective from | 01.07.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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