Contents
THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), in conjunction with Article 218(9) thereof,Having regard to the proposal from the European Commission,Whereas:
(1)Article 15a of the Convention between the European Economic Community, the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation on a common transit procedurenote (the ‘Convention’) allows for a third country to become a Contracting Party to the Convention following a decision of the Joint Committee set up by the Convention to invite the country.
(2)Article 15 of the Convention empowers the EU-EFTA Joint Committee to recommend and adopt, by decision, amendments to the Convention and the Appendices thereto.
(3)The former Yugoslav Republic of Macedonia formally expressed its wish to join the common transit system.
(4)Having satisfied the essential legal, structural and information technology requirements which are preconditions for accession and following the formal procedure for accession, the former Yugoslav Republic of Macedonia may accede to the Convention.
(5)The enlargement of the common transit system will require amendments to the Convention concerning new linguistic references in the official language of the former Yugoslav Republic of Macedonia and the appropriate adaptations to guarantee documents.
(6)The proposed amendments were presented to, and discussed within, the EU-EFTA Working Group on ‘common transit’ and ‘simplification of formalities in trade in goods’ and the text received preliminary approval.
(7)The position of the Union concerning the proposed amendments should therefore be based on the attached draft Decision,
HAS ADOPTED THIS DECISION:
Article 1#
The position to be adopted on Union's behalf within the EU-EFTA Joint Committee on common transit shall be based on the draft Decision attached to this Decision.Minor changes to the draft Decision may be agreed upon by the representatives of the Union in the EU-EFTA Joint Committee.
Annex C1
Common/Community Transit Procedure Guarantee Document Individual Guarantee
I. Undertaking by the guarantor
1.The undersignednote … resident atnote … hereby jointly and severally guarantees, at the office of guarantee of … up to a maximum amount of … in favour of the European Union (comprising the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland) and the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, the Swiss Confederation, the Republic of Turkey, the Principality of Andorra and the Republic of San Marinonote … any amount of principal, further liabilities, expenses and incidentals — but not fines — for which the principalnote may be or become liable to the abovementioned countries for debt in the form of duty and other charges applicable to the goods described below placed under the Community or common transit procedure from the office of departure of … to the office of destination of ….Goods description: …
2.The undersigned undertakes to pay upon the first application in writing by the competent authorities of the countries referred to in paragraph 1 and without being able to defer payment beyond a period of 30 days from the date of application the sums requested unless he or she or any other person concerned establishes before the expiry of that period, to the satisfaction of the competent authorities, that the operation has ended.At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer beyond a period of 30 days from the date of application for payment the period within which he or she is obliged to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances on the money market or financial market in the country concerned.
3.This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned shall remain liable for payment of any debt arising during the Community or common transit operation covered by this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the demand for payment is made after that date.
4.For the purpose of this undertaking the undersigned gives his or her address for servicenote in each of the other countries referred to in paragraph 1 as:Country | Surname and forename, or name of firm, and full address|The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as duly delivered to him or her.The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for service.The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or more of those addresses, to inform the office of guarantee in advance.Done at …, on ……(Signature)note
II. Acceptance by the office of guarantee
Office of guarantee …
Guarantor's undertaking accepted on … to cover the Community/common transit operation effected under transit declaration No … of …note
(Stamp and signature)’
Annex C2
Common/Community Transit Procedure Guarantee Document Individual Guarantee in the Form of Vouchers
I. Undertaking by the guarantor
1.The undersignednote … resident atnote … hereby jointly and severally guarantees, at the office of guarantee of … in favour of the European Union (comprising the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland) and the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, the Swiss Confederation, the Republic of Turkey, the Principality of Andorra and the Republic of San Marinonote any amount of principal, further liabilities, expenses and incidentals — but not fines — for which a principal may be or become liable to the above mentioned States for debt in the form of duty and other charges applicable to the goods placed under the Community or common transit procedure, in respect of which the undersigned has undertaken to issue individual guarantee vouchers up to a maximum of EUR 7000 per voucher.
2.The undersigned undertakes to pay upon the first application in writing by the competent authorities of the countries referred to in paragraph 1 and without being able to defer payment beyond a period of 30 days from the date of application the sums requested, up to EUR 7000 per individual guarantee voucher, unless he or she or any other person concerned establishes before the expiry of that period, to the satisfaction of the competent authorities, that the operation has ended.At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer beyond a period of 30 days from the date of application for payment the period within which he or she is obliged to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances on the money market or financial market in the country concerned.
3.This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned shall remain liable for payment of any debt arising during any Community or common transit operations covered by this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the demand for payment is made after that date.
4.For the purpose of this undertaking the undersigned gives his or her address for servicenote in each of the other countries referred to in paragraph 1 as:Country | Surname and forenames, or name of firm, and full address|The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as duly delivered to him or her.The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for service.The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or more of those addresses, to inform the office of guarantee in advance.Done at …, on ……(Signature)note
II. Acceptance by the office of guarantee
Office of guarantee
…
Guarantor's undertaking accepted on
…
…
(Stamp and signature)’
Annex C4
Common/Community Transit Procedure Guarantee Document Comprehensive Guarantee
I. Undertaking by the guarantor
1.The undersignednote … resident atnote … hereby jointly and severally guarantees, at the office of guarantee of … up to a maximum amount of … being 100/50/30note % of the reference amount, in favour of the European Union (comprising the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland) and the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, the Swiss Confederation, the Republic of Turkey, the Principality of Andorra and the Republic of San Marinonote, any amount of principal, further liabilities, expenses and incidentals — but not fines — for which the principalnote … may be or become liable to the abovementioned countries for debt in the form of duty and other charges applicable to the goods placed under the Community or common transit procedure.
2.The undersigned undertakes to pay upon the first application in writing by the competent authorities of the countries referred to in paragraph 1 and without being able to defer payment beyond a period of 30 days from the date of application the sums requested up to the limit of the abovementioned maximum amount, unless he or she or any other person concerned establishes before the expiry of that period, to the satisfaction of the competent authorities, that the operation has ended.At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer beyond a period of 30 days from the date of application for payment the period within which he or she is obliged to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances on the money market or financial market in the country concerned.This amount may not be reduced by any sums already paid under the terms of this undertaking unless the undersigned is called upon to pay a debt arising during a Community or common transit operation commenced before the preceding demand for payment was received or within 30 days thereafter.
3.This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned shall remain liable for payment of any debt arising during any Community or common transit operations covered by this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the demand for payment is made after that date.
4.For the purpose of this undertaking the undersigned gives his or her address for servicenote in each of the other countries referred to in paragraph 1 as:Country | Surname and forenames, or name of firm, and full address|The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as duly delivered to him or her.The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for service.The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or more of those addresses, to inform the office of guarantee in advance.Done at …, on ……(Signature)note
II. Acceptance by the office of guarantee
Office of guarantee
…
Guarantor's undertaking accepted on
…
…
(Stamp and signature)’
1.In Annex B1, in box 51 the following indent is added between Latvia and Malta:
—‘MK (*) The former Yugoslav Republic of Macedonia’.
2.In Annex B6, Title III is amended as follows:
2.1.in the first part of the table ‘Limited validity — 99200’ the following indent is added before MT:
—‘MK (*) Ограничено важење’.
2.10.in the 10th part of the table ‘UNRESTRICTED USE — 99209’ the following indent is added before MT:
—‘MK (*) УПОТРЕБА БЕЗ ОГРАНИЧУВАЊЕ’.
2.11.in the 11th part of the table ‘Issued retroactively — 99210’ the following indent is added before MT:
—‘MK (*) Дополнително издадено’.
2.12.in the 12th part of the table ‘Various — 99211’ the following indent is added before MT:
—‘MK (*) Различни’.
2.13.in the 13th part of the table ‘Bulk — 99212’ the following indent is added before MT:
—‘MK (*) Рефус’.
2.14.in the 14th part of the table ‘Consignor — 99213’ the following indent is added before MT:
—‘MKnote Испраќач.
2.2.in the second part of the table ‘Waiver — 99201’ the following indent is added before MT:
—‘MK (*) Изземање’.
2.3.in the third part of the table ‘Alternative proof — 99202’ the following indent is added before MT:
—‘MK (*) Алтернативен доказ’.
2.4.in the fourth part of the table ‘Differences: office where goods were presented … (name and country) — 99203’ the following indent is added before MT:
—‘MK (*) Разлики: Испостава каде стоките се ставени на увид … (назив и земја)’.
2.5.in the fifth part of the table ‘Exit from … subject to restrictions or charges under Regulation/Directive/Decision No … — 99204’ the following indent is added before MT:
—‘MK (*) Излез од … предмет на ограничувања или давачки согласно Уредба/Директива/Решение № ….’.
2.6.in the sixth part of the table ‘Prescribed itinerary waived — 99205’ the following indent is added before MT:
—‘MK (*) Изземање од пропишан правец на движење’.
2.7.in the seventh part of the table ‘Authorised consignor — 99206’ the following indent is added before MT:
—‘MK (*) Овластен испраќач’.
2.8.in the eighth part of the table ‘Signature waived — 99207’ the following indent is added before MT:
—‘MK (*) Изземање од потпис’.
2.9.in the ninth part of the table ‘COMPREHENSIVE GUARANTEE PROHIBITED — 99208’ the following indent is added before MT:
—‘MK (*) ЗАБРАНА ЗА УПОТРЕБА НА ОПШТА ГАРАНЦИЈА’.
3.Annex C1 is replaced by the following text:
4.Annex C2 is replaced by the following text:
5.Annex C4 is replaced by the following text:
6.In Box 7 of Annex C5, the words ‘the former Yugoslav Republic of Macedonia’ are inserted between the words ‘Iceland’ and ‘Norway’.
7.In box 6 of Annex C6, the words ‘the former Yugoslav Republic of Macedonia’ are inserted between the words ‘Iceland’ and ‘Norway’.
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