Legal provisions of SEC(2005)1029 - Draft Decision No 6/2005 of the EC-EFTA Joint Committee on ”common transit” amending the Convention of 20 May 1987 on a common transit procedure - Draft common position of the EC - Main contents
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| dossier | SEC(2005)1029 - Draft Decision No 6/2005 of the EC-EFTA Joint Committee on ”common transit” amending the Convention of 20 May 1987 on a ... |
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| document | SEC(2005)1029  |
| date | July 29, 2005 |
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52005SC1029
Draft Decision No 6/2005 of the EC-EFTA Joint Committee on ”common transit” amending the Convention of 20 May 1987 on a common transit procedure - Draft common position of the Community /* SEC/2005/1029 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 29.7.2005
SEC(2005) 1029 final
Draft
DECISION No 6/2005 OF THE EC-EFTA JOINT COMMITTEE ON ”COMMON TRANSIT”
amending the Convention of 20 May 1987 on a common transit procedure
- Draft common position of the Community - (presented by the Commission)
EXPLANATORY MEMORANDUM
CONTEXT OF THE PROPOSAL |
110 | Grounds for and objectives of the proposal The accession of Romania to the common transit convention of 20 May 1987 involves the introduction of new linguistic references concerning this country in the convention. |
120 | General context The convention of 20 May 1987 on a common transit procedure ('Convention') establishes the measures facilitating the movement of goods between the EC and the EFTA countries. Romania wished formally to be able to access to the Common transit Convention after having satisfied the essential, legal, structural and computer conditions, preliminary with this accession. |
139 | Existing provisions in the area of the proposal There are no existing provisions in the area of the proposal. |
141 | Consistency with other policies and objectives of the Union Not applicable. |
CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT |
Consultation of interested parties |
211 | Consultation methods, main sectors targeted and general profile of respondents Consultation of the EC-EFTA 'Common transit' working group. |
212 | Summary of responses and how they have been taken into account Favourable opinion. |
Collection and use of expertise |
229 | There was no need for external expertise. |
230 | Impact assessment Accession to the Convention of 20 May 1987 on a common transit procedure within the framework of the pre-accession strategy to the European Union on 1 January 2007. Introduction of common provisions into the Common Transit Convention and into the Community legislation. |
LEGAL ELEMENTS OF THE PROPOSAL |
305 | Summary of the proposed action The accession of Romania involves the introduction of new linguistic references concerning this country allowing the implementation of the common transit procedure between all the contracting parties. The documents concerning the guarantees have in particular to be the subject of the necessary modifications. This draft decision was approved by the Customs Code Committee -"Transit section" and by the EC/EFTA Working Group on common transit. The Commission is invited to approve this draft decision in the written procedure, in order to submit it to the Council in order to obtain a common position for its final adoption by the EC-EFTA 'Common Transit' Joint Committee at its next meeting. |
310 | Legal basis Article 15 of the Convention of 20 May 1987 on a common transit procedure. |
329 | Subsidiarity principle The proposal falls under the exclusive competence of the Community. The subsidiarity principle therefore does not apply. |
Proportionality principle The proposal complies with the proportionality principle for the following reason(s). |
331 | Aimless |
332 | Aimless |
Choice of instruments |
341 | Proposed instruments: other. |
342 | Other means would not be adequate for the following reason(s). There is not any other adequate instrument. |
BUDGETARY IMPLICATION |
409 | The proposal has no implication for the Community budget. |
ADDITIONAL INFORMATION |
510 | Simplification |
511 | The proposal provides for simplification of administrative procedures for public authorities (EU or national), simplification of administrative procedures for private parties. |
513 | The proposal introduces only one common transit procedure for all the contracting parties to the Convention. |
514 | The common transit procedure allows to authorize simplifications concerning private parties. |
2. Draft
DECISION No 6/2005 OF THE EC-EFTA JOINT COMMITTEE ON ”COMMON TRANSIT”
amending the Convention of 20 May 1987 on a common transit procedure
THE JOINT COMMITTEE,
Having regard to the Convention of 20 May 1987 on a common transit procedure, and in particular Article 15(3)(a) thereof,
Whereas:
3. Romania is to accede to the Convention of 20 May 1987 on a common transit procedure.
4. Accordingly, the Romanian language versions of the references used in the Convention should be inserted in the Convention in the appropriate order.
5. The application of this Decision is linked to the date of accession of Romania to the Convention.
6. In order to allow the use of guarantee forms printed in accordance with the criteria in force prior to the date of accession of Romania to the Convention, a transitional period should be established during which the printed form, with some adaptations, could be used.
7. Therefore the Convention has to be modified accordingly.
HAS DECIDED AS FOLLOWS:
Article 1
1. Appendix I is amended as set out in Annex A to this Decision.
2. Appendix II is amended as set out in Annex B to this Decision.
3. Appendix III is amended as set out in Annex C to this Decision.
Article 2
2. The forms based on the specimen forms in Annexes B1, B2, B4, B5 and B6 to Appendix III may continue to be used, subject to the necessary geographical adaptations and the adaptations concerning the address for service or the authorised agent, until 31 December 2006 at the latest.