Communication from the Ministry of Foreign Affairs No. 240 / 1997 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of Resolution No 2 / 97 of the Joint Committee of the European Community and of the European Free Trade Association (ES- EFTA) "Common Transit Scheme 'of 23 July 1997 amending Annexes I and II to the Convention of 20 May 1987 on a common transit procedure and Resolution No 3 / 97 of the Joint Committee of the European Community and of the European Free Trade Association (ES- EFTA)" Common Transit Scheme' of 23 July 1997 amending the Convention of 20 May 1987 on a common transit procedure, Annexes II and III thereof and repealing the EC-PT Additional Protocol
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30.09.1997
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240
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 23 July 1997 the Joint Committee of the European Community and the European Free Trade Association (EC- EFTA) "Common transit procedure" was adopted in Reykjavik.
Resolution No 2 / 97 amending Annexes I and II to the Convention of 20 May 1987 on a common transit regime (1)
and
Resolution No 3 / 97 amending the Convention of 20 May 1987 on a common transit procedure, Annexes II and III thereto and repealing the EC-PT Additional Protocol (Kingdom of Spain - Portuguese Republic).
Resolution No 2 / 97, in accordance with the provisions of its Article 5 and Resolution No 3 / 97 in accordance with the provisions of its Article 6, entered into force on 1 October 1997 and entered into force on that date for the Czech Republic.
The Czech translation of Resolutions No 2 / 97 and No 3 / 97 are announced simultaneously.
ORDER No 2 / 97
EC-EFTA Joint Committee "Common transit procedure"
of 23 July 1997
amending Annexes I and II to the Convention of 20 May 1987 on a common transit procedure
Joint Committee -
based on the Convention of 20 May 1987 on a common transit regime (1), and in particular Article 15 (3) (a) thereof,
taking into account the following reasons:
In the absence of fraudulent operations in the area of common transit, it is appropriate to introduce conditions allowing the transport route to be established for the transport of certain sensitive goods for which a global guarantee has been excluded.
Necessity to strengthen the system of application of the global guarantee.
In the event of repeated fraudulent operations, it is necessary to increase the level of the global guarantee in order to collect a greater proportion of the duties and taxes at risk, while taking into account the possibility of granting exemptions to participants meeting certain conditions.
However, these conditions must be adapted for the transitional period for participants set out in the new Contracting Parties.
In the interests of clarity, Articles 34a and 34b of Annex II should be amended again.
Article 34c with implementing provisions should be added to Article 34b.
The corresponding measures in Articles 41 and 45a of Annex II should be adapted.
The above increase in the global guarantee allows for the repeal of Resolution No 2 / 94,2 (amended by Resolution No 3 / 95,3) which the Joint Committee adopted for the implementation of Article 34b of Annex II and which provided that the T1 transit procedure poses an increased risk for certain goods -
He decided:
Annex I to the Convention is amended as follows:
1. The following paragraphs shall be added to Article 13:
"(1a) In cases where Article 34b of Annex II to the Convention is applied or where the customs authorities consider it necessary, the place of departure may prescribe a route for the carriage of goods. This route may be changed only at the request of the principal, but only by the customs authorities of the country where the consignment is located on the prescribed route. The customs authorities shall record the corresponding details on the T1 transit document and communicate them immediately to the place of departure.
(1b) In case of force majeure, the carrier may deviate from the prescribed route. Goods must be delivered immediately to the nearest customs office of the country in which the consignment is situated. The customs authorities shall immediately inform the place of departure of the change of the prescribed route and record the corresponding details on the T1 transit document. '.
2. Articles 26 and 27 shall be replaced by the following:
(1) The global guarantee will be accepted at the place of guarantee.
(2) The use of the global guarantee shall be permitted only to persons who:
- have their domicile or registered office in the country in which the guarantee is granted,
- carry out the common transit procedure on a regular basis during the last six months as principal or consignor and the customs authorities are aware that their financial situation allows them to fulfil their obligations,
- have not committed serious or repeated infringements of customs or tax legislation.
(3) Instead of providing the guarantee, it shall determine the amount of the guarantee, accept the guarantee declaration and grant the principal authorisation under the guarantee to carry out the T1 transit procedure from any place of departure.
(4) Each person authorised shall receive one or more guarantee certificates drawn up on a form conforming to the model set out in Annex II, subject to conditions laid down by the competent authority of the country concerned.
(5) The reference to this guarantee certificate shall be indicated in each T1 transit document.
Instead of providing a guarantee, it shall revoke the authorisation to use the global guarantee if the conditions on the basis of which it was granted cease to exist. ';
Annex II to the Convention is amended as follows:
1. Articles 34a and 34b and their headings shall be replaced by the following:
"Global guarantee amount
Without prejudice to Article 34b, the amount of the global guarantee shall be determined as follows:
(1) The amount of the global guarantee shall be fixed, in accordance with the procedure referred to in paragraph 4, at 100% of the duties, taxes and other charges to be collected, but not less than ECU 7000, except in the cases referred to in paragraph 2.
(2) The customs authorities may fix the amount of the global guarantee, in accordance with the procedure referred to in paragraph 4, at least 30% of the duties, taxes and other charges to be collected, but not less than ECU 7000, provided that:
- the participant has carried out a common transit procedure under the global guarantee on a regular basis for at least two years,
- during that period, has fulfilled its full obligations,
- the goods are not listed in Appendix VIII to Annex II and are not excluded from the global guarantee system.
(3) The exemption provided for in paragraph 2 shall not apply where the conditions in this paragraph are no longer fulfilled.
(4) Instead of providing a guarantee, the calculation shall be made for a period of one week comprising:
- the transport carried out,
- the amount of duties, taxes and other charges to be levied on the basis of the highest applicable rate in the country to which the guarantee belongs instead.
This calculation must be made on the basis of the commercial and accounting documents of the parties involved relating to the carriage of goods in the previous year. The result must be divided by 52.
In the case of those who apply for a global guarantee for the first time, instead of providing a guarantee, they shall carry out a preliminary calculation of the quantities, values and duties, taxes and charges for goods which are carried within a specified period of time, based on data already available. By way of extrapolation, the place of departure shall determine the value and expected load of customs duties, taxes and charges for goods which are transported within a period of one week.
(5) Instead of providing the guarantee, it shall carry out an annual review of the amount of the global guarantee, taking into account in particular the communication of the dispatch points and, where appropriate, the new level of the guarantee.
Temporary prohibition of the use of a global guarantee
Where the T1 or T2 regime poses an extremely high risk of fraud for a particular type of goods, the use of a global guarantee on such goods may be temporarily prohibited, at the request of one or more Contracting Parties, by a resolution of the Joint Committee.
The resolution of the Joint Committee temporarily prohibiting the use of the global guarantee shall be adopted by means of a written procedure ending no later than 30 days after the date of transmission of the draft resolution, including if no written objections have been raised within that period to the General Secretariat of the European Commission.
Each Contracting Party shall ensure that this resolution is notified to the interested parties.
The exclusion of goods from the global guarantee system shall be limited to a period of 12 months, unless the Joint Committee decides to extend it. ';
2. the following Article 34c is added:
For goods referred to in Article 34b, the following measures shall apply under the T1 and T2 transit procedure:
- the four-digit Harmonised System Code must be entered in the T1 or T2 transit document,
- one of the following entries shall be placed on all copies of the T1 or T2 transit document in a format of at least 100 mm × 10 mm in red letters:
- ES: Artículo 34 ter del Apéndice II
- DA: Artikel 34 b, afsnit II
- DE: Artikel 34b, der Anlage II
- EL: ΡΑρθρου 34 β) του Προσαρτήματος II
- EN: Article 34 B of Appendix II
- FR: Article 34 ter de l'application II
- IT: Articolo 34 ter dell'application II
- NL: Artikel 34 ter van Aanhangsel II
- PT: Artigo 34 ° -B do Apêndice II
- FI: II liitteen 34 b artikla
- SV: Artikel 34 b i bilaga II
- CS: Article 34b of Annex II
- HU: A II Függelakek 34b.
- IS: 34th gr.
- NO: Artikkel 34 B til Vedlegg II
- PL: Art. 34B Załącznika II
Article 34b of Annex II,
- the return sheets of the T1 or T2 transit documents bearing this note shall be returned to the place of departure at the latest on the working day following the date on which the consignment and the T1 or T2 transit document were presented to the place of destination. "
3. The second subparagraph of Article 41 (2) is replaced by the following:
"Transport shall be subject to increased risk, in particular where it concerns goods for which the provisions of Article 34b are applied under the global guarantee. ';
4. Article 45a shall be replaced by the following:
The amount of the guarantee for one transit operation to be granted for goods carried under the T1 procedure which are excluded from the global guarantee under Article 34b and which is set out in Appendix VIII to this Annex shall be calculated in accordance with the rules applicable to Appendix VIII. ';
Order No 2 / 94 EC-EFTA Joint Committee The common transit procedure shall be abolished.
Until 31 December 1998, the customs authorities of the Republic of Poland, the Republic of Hungary, the Czech Republic and the Slovak Republic may depart from Article 34a (2), the first dash of Annex II to the Convention and the advantage of the reduced global guarantee may be made conditional on the use by the person concerned of a common transit procedure under the global guarantee scheme in the last six months as a principal or as a consignor and that, moreover, the customs authorities are aware of his good financial situation which enables him to fulfil his obligations.
This resolution shall enter into force on 1 October 1997.
Done at Reykjavik, 23 July 1997.
For the Joint Committee:
Sigurgeir A. Jonsson v. r.
The President
ORDER No 3 / 97
EC-EFTA Joint Committee "Common transit procedure"
of 23 July 1997
amending the Convention of 20 May 1987 on a common transit procedure, Annexes II and III thereto and repealing the EC-PT Additional Protocol
Joint Committee -
based on the Convention of 20 May 1987 on a common transit regime (1), and in particular Article 15 (3) (a) and (c),
taking into account the following reasons:
Article 28 of the Annex I of the Convention was amended by Resolution No 1 / 91 of the Joint Committee.2) On the basis of this amendment, Article 15 (3) (d) of the Convention is no longer applicable and Article 15 must therefore be amended. Since a number of references in the Convention and Annex III thereto are no longer up to date because of previous amendments to the Convention, they must therefore be amended.
For reasons of clarity, the various language versions of Articles 33 and 39 of Annex II to the Convention (3) and the guarantee instrument for a single transit operation should be harmonised. All references to compensatory levies which no longer exist must be deleted.
Pursuant to Articles 76 and 91 of Annex II to the Convention, consignments carried by rail or in large containers under the T1 and T2 arrangements must be labelled with a pictogram. This formality can be simplified by stamping with a pictogram.
The EC-PT Supplementary Protocol to the Convention established the specific procedures necessary for the application of the Convention subsequently acceding to the Kingdom of Spain and the Portuguese Republic to the Community. Annex II to the Convention contains measures on forms, declarations and transit documents used in trade between the Community of 10 and the two Member States referred to above. The transitional period for trade between the Community of 10 and those two Contracting States has now expired and the Protocol and the measures may therefore be repealed or amended:
He decided:
The Convention shall be amended as follows:
1. Article 12 (2) shall be replaced by the following:
"(2) The additional copy referred to above need not be required if the goods are transported under the conditions set out in Chapter I of Title X of Annex II. '
2. point (d) of the first subparagraph of Article 15 (3) shall be deleted; Points (e) and (f) are amended in points (d) and (e).
3. The second subparagraph of Article 15 (3) is replaced by the following:
"The resolutions referred to in points (a) to (d) shall be implemented by the Contracting Parties in accordance with their own legislation. ';
4. Article 15 (5) is replaced by the following:
"(5) The resolution of the Joint Committee within the meaning of paragraph 3 (e) inviting a third country to accede to this Convention shall be notified to the General Secretariat of the Council of the European Communities, which shall notify it to the third country concerned, together with the text of the Convention in force on that date."
5. Article 19 is replaced by the following:
Annexes are part of this Convention. '.
Annex II to the Convention is amended as follows:
1. Article 33, third sentence, is replaced by the following: "The Commission shall inform the other countries accordingly."
2. The second sentence of the second paragraph of Article 39 shall be replaced by the following: "The Commission shall inform the other countries accordingly."
3. the third indent of Article 52 (11) (c) shall be replaced by the following:
"- the airline must indicate in the manifest the status T1, T2 and C (equivalent to T2L) for each item of goods, '.
4. the second indent of Article 56 (11) (c) shall be replaced by the following:
'- the shipping company may use one manifest for all goods carried; in this case, the manifest shall indicate for each item the relevant status T1, T2 and C (equivalent to T2L), ';
5. In Article 76, the third paragraph is added with the following text:
"Instead of the sticker referred to in the first paragraph, the stamp with a pictogram of green colour, the specimen of which is given in Appendix XIV, may be used. ';
6. The second indent of the first subparagraph of Article 78 (2) shall be replaced by the following:
'- the abbreviation 'T2' if, in accordance with Community provisions, the entry of this abbreviation is prescribed. '
7. The second subparagraph of Article 78 (2) is replaced by the following:
"The abbreviation" T2 "shall be endorsed by the stamp of the place of dispatch. ';
8. Article 78 (3) is replaced by the following:
"(3) Where goods are transported under the T1 procedure from the Community to an EFTA country, the place of dispatch shall indicate the clearly visibly abbreviated" T1 "in the paragraph reserved for customs records, copies No 1, 2 and 3 of the CIM consignment note. ';
9. In Article 91, the second paragraph is added with the following text:
"Instead of the sticker referred to in the first paragraph, the stamp with the pictogram in green, the specimen of which is given in Appendix XIV, may be used. ';
10. the second indent of the first subparagraph of Article 93 (2) shall be replaced by the following:
'- the abbreviated designation 'T2' if, under Community provisions, the indication of the abbreviated designation is prescribed. ';
11. the second subparagraph of Article 93 (2) is replaced by the following:
"The abbreviated designation" T2 "shall be endorsed by the stamp of the place of dispatch. ';
12. Article 93 (3) shall be replaced by the following:
"(3) Where goods are transported under the T1 procedure from the Community to an EFTA country, the place of dispatch shall indicate the clearly visibly abbreviated" T1 "in the paragraph reserved for customs records, copies No 1, 2, 3A and 3B of the TR transfer note. ';
13. Article 93 (6) and (7) shall be replaced by the following:
"(6) Where the TR transfer note covers at the same time large containers of goods moving under the T1 procedure and large containers of goods moving under the T2 procedure, it shall record the place of dispatch for the containers concerned, depending on the category of goods in paragraph copies No 1, 2, 3A and 3B of the TR transfer note, which is intended for customs records, different references and place the relevant abbreviated" T1 'or "T2' respectively.
(7) Where, in any case, the inventories referred to in paragraph 3 are used, separate inventories shall be used for each type of wholesale container of goods which are transported under the T1 procedure and separate copies No 1, 2, 3A and 3B of the TR transfer note, which is intended for customs records, shall be referred to them by the entry of their serial number. In addition to the serial number (s) of the inventory (s), the abbreviated designation "T1 'shall be given, depending on the type of container to which it relates.'
14. Appendices II (T.C.10 - Border crossing confirmation), III (T.C.11 - Delivery confirmation) and IX [T.C.] 32 - Guarantee document (flat-rate guarantee) is replaced by Annexes A, B and C to this resolution.
15. in Appendix VI (guarantee instrument - flat-rate guarantee system) and in Appendix IV (guarantee instrument - global guarantee), point I.1 is deleted;
16. Appendix V (guarantee document for one transit operation) is replaced by Annex D to this resolution.
The following text relating to paragraph 52 of Appendix IX to Annex III "Exemption from security of customs debt (Title IV of Annex I) 'is replaced by the text" Exemption from security of customs debt (Chapter 3 of Title V of Annex I)'.
The EC-PT Additional Protocol is deleted.
The forms referred to in points 14 to 16 of Article 2 which were used before the date of entry into force of this resolution may continue to be used until stocks are exhausted, provided that the relevant amendments are made but no later than 1 October 1999.
This resolution shall enter into force on 1 October 1997.
Done at Reykjavik, 23 July 1997.
For the Joint Committee:
Sigurgeir A. Jonsson v. r.
The President
Příloha A
Annex A
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No 240 / 1997 Coll., on the negotiation of Resolution No 2 / 97 of the Joint Committee of the European Community and of the European Free Trade Association (ES- EFTA) "Common Transit Scheme 'of 23 July 1997 amending Annexes I and II to the Convention of 20 May 1987 on a common transit procedure and Resolution No 3 / 97 of the Joint Committee of the European Community and the European Free Trade Association (ES- EFTA)" Common Transit Scheme' of 23 July 1997 amending the Convention of 20 May 1987 on a common transit procedure, Annexes II and III thereof and repealing the EC-PT Supplementary Protocol |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.09.1997 |
|---|---|
| Effective from | 01.10.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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