Explanatory Memorandum to COM(2024)396 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)396 - . |
|---|---|
| source | COM(2024)396 |
| date | 06-09-2024 |
1. Subject matter of the proposal
This proposal concerns the decision establishing the position to be taken on the Union's behalf in the European Union (EU) -Common Transit Countires (CTC) Joint Committee on common transit (“the Joint Committee”) in connection with the envisaged adoption by the Joint Committee of a Decision on amending some Annexes to Appendices III and IIIa to the Convention of 20 May 1987 on a common transit procedure (“the Convention”).
2. Context of the proposal
2.1. The Convention
The Convention aims to facilitate the movement of goods between the European Union and other countries, which are Contracting Parties to the Convention. It was concluded on 20 May 1987 between the European Community and the EFTA countries and entered into force on 1st January 1988.
The Convention establishes measures facilitating the movement of goods between the European Union and the other contracting parties of the Convention, namely the Republic of Iceland, the Republic of North Macedonia, the Kingdom of Norway, the Swiss Confederation, the Republic of Türkiye, the Republic of Serbia and the United Kingdom of Great Britain and Northern Ireland and Ukraine.
The European Union (not its Member States) is a Contracting Party to the Conventions.
Countries, which are Contracting Parties of the Convention, but not members of the Union, are common transit countries.
2.2. The Joint Committee
The task of the Joint Committee is to administer the Convention and to ensure their proper implementation. The Committees, by means of decision, invite third countries to accede to the Convention.
The Joint Committees’ decisions are adopted by mutual agreement of Contracting Parties.
2.3. The envisaged act of the Joint Committee
In an upcoming session or by means of the written procedure, the Joint Committee is to adopt the draft Decision No [3]/2024 of the Joint Committee.
The purpose of the draft Decision is to take into account the accession of Georgia to the Convention, which involve the introduction of new linguistic references concerning this country allowing the implementation of the common transit procedure between the Contracting Parties.
The Commission is invited to adopt the draft Decision and to transmit it to the Council.
The Joint Committee Decision amending the Convention shall become binding on the Contracting Parties in accordance with Article 3 of that Decision, which provides that 'This Decision shall enter into force on the day of its adoption'.
In accordance with Article 15(3) of the Convention, this type of Decision shall be put into effect by the Contracting Parties in accordance with their own legislation.
3. Position to be taken on the Union's behalf
The proposal concerns the amendment of some Annexes to Appendices III and IIIa to the Convention, which relate to the accession of Georgia to the Convention. The scope of these amendments is of technical nature.
The aim is to ensure that the Joint Committee adopts all the technical changes in the Convention in order to implement the common transit procedure between Georgia and other contracting parties.
It should result in substantial and tangible benefits for traders and for customs administrations by simplifying transit formalities and facilitating the movement of goods, which is in line with the Union’s support to Georgia outside direct initiatives.
The proposed Decision is consistent with European Union policies in the fields of trade and transport.
4. Legal basis
4.1. Procedural legal basis
4.1.1. Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing "the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement."
Article 15(3)(a) of the Convention stipulates that the Joint Committee adopts by decision amendments to the Appendices to the Convention.
4.1.2. Application to the present case
The Joint Committee is a body set up by Article 14 of the Convention.
The Decision which the Joint Committee is called upon to adopt constitutes an act having legal effect. That Decision will be binding under international law in accordance with Article 20 of the Convention.
The envisaged act does not supplement or amend the institutional framework of the Agreement.
Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
4.2. Substantive legal basis
4.2.1. Principles
The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
4.2.2. Application to the present case
The main objective and content of the envisaged act relate to common commercial policy. Therefore, the substantive legal basis of the proposed decision is 207 TFEU.
4.3. Conclusion
The legal basis of the proposed decision should be Article 207 TFEU, in conjunction with Article 218(9) TFEU.
5. Publication of the envisaged act
After its adoption, the Decision of the Joint Committee referred to in Articles 1 of the proposal for a Council Decision shall be published in the Official Journal of the European Union.