Considerations on COM(2019)189 - EU position in the EU-CTC Joint Committee established by the Convention of 20 May 1987 on a common transit procedure as regards amendments to that Convention - Main contents
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| dossier | COM(2019)189 - EU position in the EU-CTC Joint Committee established by the Convention of 20 May 1987 on a common transit procedure as ... |
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| document | COM(2019)189  |
| date | April 23, 2019 |
(2) Pursuant to point (a) of Article 15(3) of the Convention, the Joint Committee established by that Convention may adopt, by decisions, amendments to the Appendices to the Convention.
(3) Provisions of the Convention concerning the protection of personal data exchanged for the purpose of the application of the Convention should contain a reference to Regulation (EU) 2016/679 of the European Parliament and of the Council13.
(4) Article 84 of Commission Delegated Regulation (EU) 2015/244614, which lays down the conditions to be fulfilled by applicants in order to be authorised to use a comprehensive guarantee with a reduced amount or a guarantee waiver, has been amended15. As a result of the amendment, the requirement of sufficient financial resources was removed as a stand-alone condition because the practical experience in the Member States showed that that condition was interpreted too restrictively and focused only on the availability of cash. The assessment of the capacity of economic operators to pay the full amount of debt should therefore be integrated in the assessment of their financial standing. Article 75 of Appendix I to the Convention, which mirrors the provisions of Article 84 of Commission Delegated Regulation (EU) 2015/2446, should be amended accordingly.
(5) Since 1 May 2018 the provisions concerning the new transit simplification – the use of the electronic transport document (ETD) as a transit declaration for air transport – apply according to Article 24(1) of Commission Delegated Regulation (EU) 2016/34116 . The previous transit simplification for air which allowed the operator to base a transit declaration on an electronic manifest was allowed to be used only until 1 May 2018. Therefore, all references to that outdated transit simplification for air transport in the Convention should be amended accordingly.
(6) Currently, the conditions under which goods transported through the T2 corridor keep their customs status of Union goods are laid down in Title I of Appendix II to the Convention the scope of which is limited to goods not placed under the export procedure. It was not the intention to establish such restriction for Union goods moved through the T2 corridor. Therefore, Article 2a of Appendix II to the Convention should be deleted from Title I and a new Article should be introduced into a new Title Ia under which no such restriction would apply.
(7) Following the notification by North Macedonia, to the United Nations and to the European Union, of the entry into force of the Prespa Agreement as of 15 February 2019, the country previously denominated as “the former Yugoslav Republic of Macedonia” has changed its name to “the Republic of North Macedonia”. Therefore, the name and the code of the country in Appendix III and in Appendix IIIa to the Convention should be modified.
(8) It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee as the amendments to that Convention, if approved, will be binding on the Union.
(9) As the Joint Committee Decision will amend the Convention, it is appropriate to publish it in the Official Journal of the European Union after its adoption.