Annexes to COM(2013)177 - EU position on the grounds for exemption from transmitting data pursuant to Annex 1 Agreement with Switzerland on the carriage of goods and customs security measures

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dossier COM(2013)177 - EU position on the grounds for exemption from transmitting data pursuant to Annex 1 Agreement with Switzerland on the ...
document COM(2013)177 EN
date April  4, 2013
ANNEX

DRAFT

DECISION No …/2013 OF THE EU–SWITZERLAND JOINT COMMITTEE

of …

laying down the grounds for exemption from transmitting data pursuant to the first subparagraph of Article 3(3) of Annex 1 to the Agreement of 25 June 2009 between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures

THE JOINT COMMITTEE,

Having regard to the Agreement of 25 June 2009 between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures (referred to hereinafter as 'the Agreement'), and in particular Article 21(3) and Annex 1, Article (3)(3), second subparagraph thereof,

Whereas:

(1) the Agreement is intended to maintain the simplification of inspections and formalities in respect of the passage of goods at frontiers and the smooth flow of trade between the two Contracting Parties, whilst ensuring a high level of security in the supply chain;

(2) the Contracting Parties have undertaken to guarantee in their respective territories an equivalent level of security through measures based on legislation in force in the European Union;

(3) when goods destined for a third country leave the customs territory of a Contracting Party through the customs territory of the other Contracting Party, the security data contained in the exit summary declaration lodged with the competent authority of the former Contracting Party shall be transmitted by it to the competent authority of the latter;

(4) the Joint Committee may determine cases in which this transmission of information is not necessary as long as the level of security assured by the Agreement is not affected;

(5) the Member States of the European Union and the Swiss Confederation are Contracting Parties to the Chicago Convention on International Civil Aviation; under Annex 17 to the Convention, in order to protect international aviation from acts of unlawful interference, air carriers subject the whole of an aircraft's cargo to security checks prior to loading;

(6) the European Community and the Swiss Confederation are bound by the Air Transport Agreement of 21 June 1999, which governs aviation safety and security in particular;

HAS DECIDED:

Article 1

Where exports of goods under the first subparagraph of Article 3(3) of Annex 1 to the Agreement are concerned, the transmission of data shall not be required so long as:

(a) the goods are accepted by an airline for transport out of the customs territories of the Contracting Parties;

(b) the exit of goods through the customs office of the second Contracting Party takes place by air;

(c) an exit summary declaration or a customs export declaration which meets the requirements for a summary declaration has been submitted to the customs office responsible for the place from which the goods are exported;

(d) when the goods arrive at the customs office at the point of exit from the second Contracting Party's customs territory, the carrier places a copy of the exit summary declaration for the exported goods at the disposal of this customs office when the latter so requests.

Article 2

The Decision shall enter into force on the day following its adoption.

Done at Brussels,

FOR THE JOINT COMMITTEE,

THE CHAIRMAN

[1]               OJ L 199, 31.7.2009, p. 24.

[2]               OJ L 199, 31.7.2009, p. 22.

[3]               OJ L 199, 31.7.2009, p. 24.

[4]               OJ L 199, 31.7.2009, p. 22.