Communication from the Ministry of Foreign Affairs No. 179 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the access of the Czech Republic to the Convention on a common transit procedure between the countries of the European Free Trade Association (EFTA) and the European Economic Community
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International Treaty
Effective from 01.07.1996
Text versions:
28.06.1996
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179
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 20 May 1987 the Convention on a common transit procedure was negotiated in Interlaken between the countries of the European Free Trade Association (EFTA) and the European Economic Community.
The Convention was approved by Parliament of the Czech Republic and the Charter on access to the Convention on a common transit procedure between the countries of the European Free Trade Association and the European Economic Community 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 22 (1) thereof. It entered into force on 1 July 1996 for the Czech Republic in accordance with the text of its Article 15a (3).
The Czech translation of the Convention is being announced simultaneously.
Convention
on a common transit procedure
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', and
THE EUROPEAN ECONOMIC COMMUNITY,
in another "Community '-
RECALLING the free trade agreements concluded between the Community and individual EFTA countries,
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,
RECALLING the Convention on the simplification of formalities in trade in goods concluded between EFTA countries and the Community establishing a single administrative document for such carriage of goods,
CONSIDERING that the use of this single document to be used under the common transit procedure for the carriage of goods between the Community and the EFTA countries and between EFTA countries would achieve simplification,
CONSIDERING that this objective can best be achieved by extending the transit procedure currently in force for the carriage of goods within the Community, between the Community and Austria and Switzerland and between Austria and Switzerland, to those EFTA countries which do not yet apply the procedure,
CONSIDERING that the North Transit Scheme also applies between Finland, Norway and Sweden,
HAVE AGREED AS FOLLOWS:
General
(1) This Convention lays down provisions for the carriage of goods between the Community and EFTA countries and between EFTA countries; to that end, a common transit procedure shall be introduced which shall apply without prejudice to the type and origin of the goods which may be transhipped, dispatched or stored.
(2) Without prejudice to this Convention, and in particular its provisions on the granting of a guarantee, the intra-Community transport of goods for transport carried out under the Community transit procedure shall apply.
(3) Subject to Articles 7 to 12, the provisions on the common transit procedure are contained in Annexes I and II to this Convention.
(4) The transit declaration and transit documents for the common transit procedure shall conform to the models in Annex III and shall be issued in accordance with the rules of this Annex.
(1) The common transit procedure shall be either T1 or T2, as appropriate.
(2) The T1 procedure may be applied to all goods carried under Article 1 (1).
(3) The T2 procedure applies to goods carried under Article 1 (1) only under the following conditions:
(a) within the Community:
only in the case of Community goods. Community goods shall be subject to:
- goods which have been wholly obtained or produced in the customs territory of the Community without the addition to it of goods originating in third countries or territories not belonging to the customs territory of the Community,
- goods originating in a country or territory not belonging to the customs territory of the Community which is in free circulation in a Member State,
- goods obtained or produced in the customs territory of the Community exclusively from goods referred to under the second dash or from goods referred to under the first and second dash.
Without prejudice to this Convention or to any other contract concluded with the Community, Community goods shall not be liable for goods which, although they fulfil the conditions laid down in the abovementioned three dash but which, after their export from the customs territory of the Community, return to that customs territory.
(b) in the EFTA country:
only when the goods have been transported to that country under the T2 procedure and have been dispatched further under the special conditions of Article 9.
(4) The special conditions for placing goods under the T2 procedure laid down in this Convention shall also apply to the issue of documents proving that the goods have Community status; goods for which such a document has been issued shall be treated in the same way as goods carried under the T2 procedure, but need not be accompanied by a document proving the Community status of goods.
(1) Within the meaning of this Convention:
(a) "transit procedure" means a procedure whereby goods are transported under the supervision of the competent authorities from the customs office of one Contracting Party to another customs office of that Contracting Party or another Contracting Party, with at least one border being crossed;
(b) "country" means any EFTA country, any Member State of the Community and any other State which acceded to the Convention;
(c) "third country" means any State not Party to this Convention.
(2) From the moment the accession of a country under Article 15a as a new Contracting Party becomes effective, for the sole purpose of this Convention, any provision concerning EFTA countries in the Convention will apply to that country as well.
(3) For the application of the provisions of this Convention on T1 or T2 schemes, the EFTA States and the Community and its Member States have the same rights and obligations.
(1) This Convention shall apply without prejudice to any other international transit agreements but subject to possible restrictions on the application of such agreements for the carriage of goods between two places situated within the Community, as well as to possible restrictions on the issue of documents proving the Community status of goods.
(2) This Convention shall continue to apply without prejudice to:
(a) the carriage of goods under the temporary importation procedure; and
(b) border traffic agreements.
Where no agreement has been concluded between the Contracting Parties and a third country on the basis of which goods transported between the Contracting Parties could be transported through the territory of that third country under the T1 or T2 procedure, such arrangements may only apply to the transport of goods through the territory of that third country if the transport is carried out using a single transport document issued in the territory of a Contracting Party; the relevant arrangements shall be suspended in the territory of a third country.
Where the implementation of any measures applicable to goods is ensured, countries under the T1 and T2 arrangements may establish, on the basis of bilateral and multilateral arrangements, simplified procedures corresponding to the criteria set out in Annex II, if necessary, applicable to certain types of transport or to certain persons. Such arrangements must be notified to the Commission of the European Communities and to other countries.
Implementation of transit procedure
(1) Subject to the specific provisions of this Convention, the competent authorities of the EFTA countries are authorised to carry out the tasks of dispatch, transit customs offices, destinations and guarantee points.
(2) The competent points of the Member States of the Community shall be entitled to issue T1 and T2 transit documents for destinations in EFTA countries. Subject to the specific provisions of this Convention, they shall also be entitled to issue documents proving the Community status of Community goods sent to EFTA countries.
(3) Where several consignments of goods are combined from one place of dispatch to one destination, which are then transported as a bulk consignment by one means of transport within the meaning of Article 12 (2) of Annex I by the principal in the T1 or T2 procedure in order to be delivered to one and the same consignee, a Contracting Party may require that one T1 or T2 transit declaration be lodged for those consignments, except for justified exceptions, to which the loading lists shall be attached.
(4) Without prejudice to the obligation that, where appropriate, the Community status of goods must be demonstrated, the person who carries out customs formalities on exportation at the border customs office of the Contracting Party may not be required to lodge a T1 or T2 declaration, irrespective of the customs procedure under which the goods are to be placed at the neighbouring border customs office.
(5) Without prejudice to any obligation to prove, where appropriate, the Community status of goods, the border customs office of the Contracting Party for which the customs formalities for export are carried out may refuse entry under the T1 or T2 procedure if the procedure is to end at the neighbouring border customs office.
In the case of transport of goods with transit documents T1 or T2, in particular when splitting, transferring or assembling consignments, no goods may be added, removed or replaced.
(1) Goods imported under the T2 procedure into an EFTA country in order to be sent further where appropriate under that procedure must remain under constant customs control in that country in order to ensure its identity or its unaltered status.
(2) Where such goods are further dispatched from an EFTA country in which they have been placed under a customs procedure other than transit or customs warehousing procedure, the T2 procedure may not apply.
However, this does not apply to goods which are imported for a transitional period for exhibition at a trade fair or for other similar public events and have been subjected only to such treatment as was necessary for its preservation or which consisted in splitting the consignment.
(3) Where goods are further consigned from an EFTA country after storage under the customs warehousing procedure, the T2 procedure may only be applied under the following conditions:
- the storage period does not exceed five years; However, for goods of Chapters 1 to 24 of the nomenclature for the classification of goods in customs duties (International Convention on the Harmonised Commodity Description and Coding System of 14 June 1983), it is limited to six months.
- the goods have been stored separately and have undergone only such handling as is necessary for their preservation or which consisted in splitting the consignment without replacing the contents.
- The handling of goods must be carried out under customs control.
(4) All T2 transit documents and all documents proving the status of Community goods issued by the competent place of the EFTA country must contain a reference to the corresponding T2 transit documents or to the documents proving the status of Community goods with which the goods have been transported to the EFTA country concerned and must take over all the specific entries and endorsements contained therein.
(1) Unless otherwise specified in paragraph 2 or in the Annexes, a guarantee shall be provided for all T1 or T2 modes that apply to all States concerned by such transport.
(2) Paragraph 1 does not preclude the rights of the Contracting Parties,
(a) agree between themselves to waive the granting of a guarantee for T1 or T2 schemes which relate solely to their territory;
(b) in the T1 or T2 procedure, do not require any guarantee for the transport route between the place of departure and the first customs office of transit.
(3) For the application of the flat-rate guarantee provided for in Annexes I and II, the following amounts shall apply to the conversion of "ECU ':
151,8 Italian lira
0,6242 German marks
0,08784 pounds sterling
1,332 French franc
0,2198 Dutch gulden
3,301 Belgian francs
0,130 Luxury franc
0,1976 Danish crowns
0,008552 Irish pounds
1,440 Greek drachma
6,885 Spanish pesetas
1,393 Portuguese escud
The value of ECU in a particular currency shall correspond to the sum of the countervalues of the amounts in that currency referred to in the preceding subparagraph.
(1) The identity of the goods is essentially ensured by means of conclusions.
(2) The following conclusions are used:
(a) the space closure when the means of transport has already been approved under other customs legislation or when the place of departure has recognised that it is eligible to accompany the conclusions;
(b) in other cases, a piece of closure.
(3) The means of transport may be recognised as eligible to accompany the conclusions,
(a) on which the conclusions may be easily and effectively attached;
(b) which are designed in such a way that neither the goods nor other goods can be removed from them without leaving visible signs of forced entry or breaking conclusions;
(c) which have no secret premises in which the goods could be hidden;
(d) the premises of which are easily accessible to the competent authorities.
(4) The place of dispatch may be omitted from the conclusion if the identity of the goods can be ascertained from the description given in the T1 or T2 declaration or the accompanying documents, taking into account any other measures to ensure the identity of the goods.
(1) Pending a procedure for the exchange of statistical data to ensure that the EFTA countries and the Member States of the Community have the data necessary for the statistical investigations of transit, the additional copy of copy No 4 of the T1 and T2 transit documents must be submitted to the following customs offices for statistical purposes:
(a) the first transit customs office of each EFTA country;
(b) at the first customs office of transit of the Community where the goods are carried under the T1 or T2 procedure which began in the EFTA country.
(2) However, the abovementioned additional copy is not required when the goods are transported in accordance with Section I of Title IV of Annex II.
(3) The principal or his authorised representative shall, upon request, communicate to the relevant national points dealing with transit statistics all information relating to the T1 or T2 transit documents required for the statistical surveys.
Official assistance
(1) The competent authorities of the countries concerned shall provide each other with all the information at their disposal necessary to verify the proper application of the Convention.
(2) Where necessary, the competent authorities of the countries concerned shall inform each other of all findings, documents, reports, protocols and information relating to the T1 or T2 transport, as well as of malpractice and infringements in relation to those arrangements.
Where necessary, they shall further inform each other of the findings relating to goods which are subject to the rules on official assistance and which are under the customs warehousing procedure.
(3) Where a suspected malpractice or infringement occurs in respect of goods brought from one country to another country after customs warehousing or transit through another country, the competent authorities of the countries concerned shall inform each other on request of:
(a) details of the transport of goods where the goods concerned:
- has entered a transit country which has requested information, together with a transit document T1, T2 or proof of proof of the Community status of goods, irrespective of the nature of its further transport, or
- has been sent from that country, irrespective of the type of transport to that country, with a transit document T1, T2 or proof of proof of Community status,
(b) details of customs warehousing where the goods in question have been brought to that country with a T2 transit document or proof of proof of the Community status of goods or have been dispatched from there with a T2 transit document or proof of proof of Community status.
(4) The application referred to in paragraphs 1 to 3 shall specify the case or cases covered by the application.
(5) Where the competent authority of a country seeks official assistance which it would not have been able to provide itself if it had been requested, it shall refer to that fact in its request. It shall be at the discretion of the requested competent authority whether it wishes to comply with such a request.
(6) Information obtained in accordance with paragraphs 1 to 3 may be used only for the purposes of this Convention and shall enjoy the protection guaranteed by the national law of the country which has received such information. Such information may be used for other purposes only with the written consent of the competent authority which provided it and subject to the restrictions laid down by that authority.
Recovery
The competent authorities of the countries concerned shall, in accordance with the provisions of Annex IV, provide each other with official assistance in the recovery of claims where they have been incurred in connection with transport under the T1 or T2 procedure.
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 in agreement.
(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) It recommends in particular:
(a) amendments to this Convention, with the exception of amendments within the meaning of paragraph 3 (c);
(b) all other measures necessary for the implementation of the Convention.
(3) They shall be accepted at:
(a) amendments to the Annexes;
(b) amendments to the definition of ECU in Article 10 (3);
(c) other amendments to this Convention which will become necessary as a result of amendments to the Annexes;
(d) the measures referred to in Article 28 (2) of Annex I;
(e) transitional measures in the event of the accession of new Member States to the Community;
(f) an invitation to third countries within the meaning of Article 3 (1) (c) to accede to this Convention in accordance with the procedure laid down in Article 15; and
The resolutions referred to in points (a) to (e) shall be implemented by the Contracting Parties according to their own legislation.
(4) Where a representative of a Contracting Party in the Joint Committee has adopted a resolution subject to the fulfilment of constitutional and legal conditions, the resolution shall take effect - unless it contains a date - on the first day of the second month following the notification of the revocation of the reservation.
(5) The resolution of the Joint Committee within the meaning of paragraph 3 (f) 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, the subcommittees and the 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 adopted or adopted pursuant to Article 15 (2) and (3) between the date referred to in paragraph 1 and the date on which accession takes effect will 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.
Miscellaneous and final provisions
Each Contracting Party shall take appropriate measures to ensure effective and balanced implementation of the Convention; taking into account the need for the most extensive simplification of the formalities to be imposed on interested parties and the need to address to general satisfaction the difficulties that may arise in applying those provisions.
The Contracting Parties shall inform each other of the provisions they issue for the implementation of this Convention.
The provisions of this Convention shall not be contrary to the prohibitions and restrictions on imports, exports and transit imposed by the Contracting Parties or the Member States of the Community on grounds of public morality, order and safety, the protection of health and life of humans, animals or plants, national cultural property, artistic, historical or archaeological values, and industrial and commercial property.
The Annexes and the Additional Protocol 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 shall also apply to the Principality of Liechtenstein if the Principality of Liechtenstein is accompanied by a customs union agreement with the Swiss Confederation.
Each Contracting Party may withdraw from this Convention, subject to a period of 12 months' notice; the written statement must be addressed to the depositary, which shall notify the other Contracting Parties.
(1) This Convention shall enter into force on 1 January 1988, provided that the Contracting Parties have deposited, before 1 November 1987, their instruments of accession in the 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 accession.
(3) The depositary shall notify the date of deposit of the instrument of accession of each Contracting Party and the date of entry into force of this Convention.
(1) Together with the entry into force of this Convention, the Treaty between Austria and Switzerland and the Community on the application of Community transit provisions concluded on 30 November 1972 or 23 November 1972 and the Treaty of 12 July 1977 concluded between the Community and those two countries on the extension of the application of Community transit provisions shall cease to apply.
(2) However, the Treaties referred to in paragraph 1 shall continue to apply to such T1 or T2 schemes which have become applicable before the entry into force of this Convention.
(3) The northern arrangements for transit between Finland, Norway and Sweden will cease to apply by the acquisition of this Convention.
This Convention is drawn up in the original in the Danish, German, English, French, German, Greek, Dutch, Portuguese, Spanish, Finnish, Icelandic, Norwegian and Swedish languages, each text being equally authentic; is stored in the archives of the Secretariat of the Council of the European Communities; the archive shall send one certified copy to each Contracting Party.
PŘÍLOHA I
ANNEX I
GENERAL PROVISIONS
(1) The transit procedure provided for in this Convention shall apply to the carriage of goods under the rules of Article 1 (1) of the Convention.
(2) Subject to Article 2 of the Convention, the T1 or T2 regime is concerned.
(This Article does not include points (a) and (b))
Within the meaning of this Convention:
(c) "competent authority" means the customs office or any other office entrusted with the implementation of this Convention;
(d) "principal" means the person who himself, or through an authorised representative, has shown his will to carry out the transit procedure by submitting the relevant declaration;
(e) means of transport:
- road vehicles, trailers, semi-trailers,
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 179 / 1996 Coll., on the access of the Czech Republic to the Convention on a common transit procedure between the countries of the European Free Trade Association (EFTA) and the European Economic Community |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.06.1996 |
|---|---|
| Effective from | 01.07.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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