Explanatory Memorandum to COM(2010)148 - EU position within the Administrative Committee established by the International Convention on the Harmonization of Frontier Controls of Goods on the proposal to amend that Convention with a new Annex on the facilitation of borders crossing procedures for international rail freight - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2010)148 - EU position within the Administrative Committee established by the International Convention on the Harmonization of Frontier ... |
|---|---|
| source | COM(2010)148  |
| date | 14-04-2010 |
1.1. Grounds for and objectives of the proposal
The purpose of this Decision is to accept by the European Union the new Annex 9 to the International Convention on the Harmonization of Frontier Controls of Goods.
The purpose of the Annex is to facilitate international trade by reducing, harmonising and co-ordinating procedures and paperwork in connection with the border control of goods in the international rail transport. The Annex essentially contains obligations that aim at reducing delays at rail border crossing points. This concerns introduction of minimum requirements for border (interchange) stations, cooperation between countries at these stations, movement of controls from borders to stations of departure or destination, reduction of time required for controls, reduction of paper documents and use of CIM/SMGS consignment note as a customs document.
1.2. General context
The International Convention on the Harmonisation of Frontier Controls of Goods (the Harmonisation Convention), signed at Geneva on 21 October 1982, was approved on behalf of the Community by Council Regulation (EEC) No 1262/84 of 10 April 1984 which entered into force on 12 September 1987. There are currently 54 Contracting Parties to the Convention, including the European Union and its Member States.
The Harmonisation Convention introduced measures designed to facilitate, and so develop, international trade through the harmonisation (where appropriate) of the various frontier controls that are applied to the movement of goods. However, it appeared subsequently necessary to further rationalise border crossing formalities.
The UN/ECE Working Party on Customs Questions Affecting Transport at its sessions agreed that the Harmonisation Convention should be revised to include provisions to facilitate the border crossing in the international rail transport. Subsequently, WP.30 produced draft proposals to add a new Annex to the Harmonisation Convention in order to complement the existing provisions.
Formal and final adoption of the new Annex is foreseen at the next meeting of the Administrative Committee for the Harmonization Convention that is scheduled for May 2010. It is expected that all Contracting Parties will be able to accept the new Annex.
1.3. Existing provisions in the area of the proposal
There are no existing provisions in the area of the proposal.
1.4. Consistency with the other policies and objectives of the Union
The simplifications foreseen are in line with the revised Lisbon strategy.
The facilitation of international trade and the removal of technical obstacles to trade is an objective of the common commercial policy and thus falls under the exclusive competence of the Union. The measures set out in the Annex are consistent with EU legislation.
2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
2.1. Consultation of interested parties
Consultation methods, main sectors targeted and general profile of respondents
Consultations on the proposal were carried out with the Organization for Cooperation between Railways (OSJD) and the Intergovernmental Organization for International Carriage by Rail (OTIF). Consultations took place within the Customs Code Committee meetings and sessions of the UNECE Working Party on Customs Questions Affecting Transport.
Summary of responses and how they have been taken into account
Favourable opinion.
2.2. Collection and use of expertise
There was no need for external expertise.
2.3. Impact assessment
The current provisions of the Harmonization Convention remain unchanged.
The proposed decision accepts on behalf of the European Union a new Annex to the Harmonization Convention that includes provisions facilitating the border crossing in the international rail transport.
The adoption of this Annex will benefit of the transport business.
3.1. Summary of the proposed action
The proposed Decision formally adopts by the European Union the new Annex 9 to the Harmonization Convention
3.2. Legal basis
Articles 207 and 218 of the Treaty on the Functioning of the European Union.
3.3. Subsidiarity principle
The proposal is in conformity with the principle of subsidiarity. It allows the implementation of an amendment to the international agreement which as such respects the principle of subsidiarity.
The proposed amendments were preliminarily adopted by the UNECE Working Party on Customs Questions Affecting Transport and aims at further facilitation in rail transport.
3.4. Proportionality principle
The proposal is in conformity with the principle of proportionality. It allows the implementation of an amendment to the international agreement which as such respects the principle of proportionality.
3.5. Choice of instruments
Proposed instrument: Decision.
International agreements and amendments to these arrangements are normally introduced into the European Union's legal order by way of a Decision.
The proposal has no implication for the EU budget.