Explanatory Memorandum 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 - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)177 - EU position on the grounds for exemption from transmitting data pursuant to Annex 1 Agreement with Switzerland on the ... |
|---|---|
| source | COM(2013)177  |
| date | 04-04-2013 |
The Agreement 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 i 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.
In the case of exports to third countries, this high level of security is assured by, inter alia, the requirement for an exit summary declaration containing the security data to be submitted to the customs office of exit prior to export. When goods destined for a third country leave Swiss customs territory through the customs territory of the European Union, the security data contained in the declaration must be transmitted to the export office within the European Union. The same procedure in reverse applies for goods leaving the European Union through an office of exit in Switzerland.
The Joint Committee set up under Article 19 i of the Agreement is responsible for the administration and proper implementation of the Agreement. The Committee may determine cases in which transmission of the security information is not necessary. This exemption may be granted only if it does not affect the level of security assured by the Agreement. This draft decision of the EU-Switzerland Joint Committee proposes an exemption from transmitting security data for some indirect exports made by air. The condition that security levels must be maintained is considered to be met because, prior to loading, air carriers subject the whole of an aircraft's cargo to the security checks set out in Annex 17 to the Chicago Convention on International Civil Aviation.
Contents
Consultation of interested parties
The Swiss customs authorities have approved the Joint Committee's draft decision
Impact Assessment
There is no need for an impact assessment since the Decision implements a provision of the Agreement without modifying its content.
This proposal for a Council Decision constitutes the legal instrument for defining the position to be taken by the European Union, within the EU-Switzerland Joint Committee, on the implementation of some provisions of the Agreement 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.
In accordance with the first paragraph of Article 5 of Council Decision 2009/556/EC of 25 June 2009 concerning the provisional application and conclusion of the aforementioned Agreement i, the joint position of the European Union is adopted by the Council, acting by a qualified majority on a proposal from the Commission.
The decision has no financial implications for the budget of the European Union.
5. OPTIONAL ELEMENTS
None.