Explanatory Memorandum to COM(2015)420 - EU position in the EU-EFTA Joint Committee on common transit as regards the adoption of a Decision amending the Convention on a common transit procedure

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dossier COM(2015)420 - EU position in the EU-EFTA Joint Committee on common transit as regards the adoption of a Decision amending the Convention ...
source COM(2015)420 EN
date 03-09-2015


1. CONTEXT OF THE PROPOSAL

Reasons for and objectives of the proposal

The Convention on a common transit procedure ("the Convention") was concluded on 20 May 1987 between the European Community and the EFTA countries.

The accession of the Republic of Serbia to the Convention involves the introduction of new linguistic references concerning this country into the text of the Convention. Furthermore, guarantee documents where Contracting Parties to the Convention are mentioned need to be changed accordingly.

The purpose is to adopt the common EU position on the draft Decision No …/2015 of the EU-EFTA Joint Committee on common transit amending the Convention.

Consistency with existing policy provisions in the policy area

There are no existing provisions in the area of the proposal.

Consistency with other Union policies

Not applicable.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

Legal basis

Article 15 of the Convention of 20 May 1987 on a common transit procedure.

The Convention establishes the measures facilitating the movement of goods between the European Union, the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, the Swiss Confederation and the Republic of Turkey.

The Republic of Serbia wishes to accede to the Convention and has fulfilled the legal, structural and information technology requirements, which are preconditions for accession.

Once all preconditions have been met by the Republic of Serbia and the country has been invited to accede and deposited its instrument of accession, it is necessary to amend the Convention with new linguistic references in the Serbian language and the appropriate adaptations of guarantee documents. These amendments are to be introduced and applied as of the first day the Republic of Serbia starts using the common transit system.

This draft decision was pre-approved by the Customs Code Committee - Customs Status and Transit Section and by the EU/EFTA Working Group on Common transit.

The Commission is invited to approve this draft Decision by the written procedure, in order to submit it to the Council to establish a common position for its final adoption by the EU-EFTA Joint Committee on common transit.

Proportionality

The proposal complies with the proportionality principle for the following reasons:

   The form of proposed action is the only one possible.

   The form of proposed action does not involve any financing cost.

Choice of the instrument

Proposed instruments: Decision.

There is no other adequate instrument.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

Stakeholder consultation

Consultation with approval on the draft Decision No …/2015 of the EU-EFTA Joint Committee on common transit amending the Convention were carried out with the Member States within the Customs Code Committee – Customs Status and Transit Section and with Contracting Parties to the Convention within the EU-EFTA working group on 'Common transit'.

Summary of responses and how they have been taken into account:

Favourable opinion.

Collection and use of expertise

There was no need for external expertise.

Impact assessment

The accession to the Convention is part of the pre-accession strategy of the Republic of Serbia to the European Union. It will lead to an alignment to the acquis communautaire in the transit area. The introduction of common transit in the Republic of Serbia as an alternative to the TIR procedure will bring further facilitation of transit, reduction in costs and a possible increase in trade.

4. BUDGETARY IMPLICATIONS

The proposal has no implication for the EU budget.