PROPOSAL FOR A COUNCIL DECISION ON THE CONCLUSION OF AN AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION CONCERNING THE EASING OF BORDER CONTROLS AND FORMALITIES FOR THE TRANSPORT OF GOODS

Switzerland,agreement (EU),carriage of goods,customs document,customs inspection,simplification of formalities

Switzerland
agreement (EU)
carriage of goods
customs document
customs inspection
simplification of formalities

COMVIISSION OF THE EUROPEAN COMVIUNITIES

COM(90) 39 final

Brussels, 5 February 1990

Proposal for a

COUNCIL DECISION

CONCLUDING AN AGREEMENT

BETWEEN THE EUROPEAN ECONOMIC COMMUNITY

AND THE SWISS CONFEDERATION ON THE

SIMPLIFICATION OF INSPECTIONS AND FORMALITIES

IN RESPECT OF THE CARRIAGE OF GOODS

(presented by the Commission)

Report on the negotiations

I. introduction

Further to the Joint Declaration adopted In Luxembourg on 9 April

1984 and the subsequent positions adopted at ministerial level

(conclusions of the Council of 15 September 1986; declaration by

the EFTA Ministers of 2 December 1986; the Brussels declaration of

2 February 1988), whereby the Ministers of the Member States of

the Community and of the EFTA countries and the Commission

expressed their political willingness to expand cooperation

between the Community and the EFTA countries In order to create "a

dynamic European economic area, of benefit to their countries",

the Council adopted on 21 June 1989 a decision authorizing the

Commission to open negotiations with a view to the conclusion of

agreements between the Community and those EFTA countries which so

wished on the simplification of Inspections and formalities in

respect of the carriage of goods. Accordingly, negotiations were held with the Swiss Confederation. Pursuant to the Council decision based on Article 113 of the

Treaty, the Commission conducted these negotiations with the Swiss

Confederation, which had declared that It wished to enter into

negotiations, and regularly consulted the representatives of the

Member States. To allow for proper consultation, five negotiating meetings were

held, on the following dates:

- first session: 26-27 June 1989,

- second session: 12 September 1989,

- third session: 6-7 November 1989,

- fourth session: 4-5 December 1989,

- fifth session: 19 December 1989. The agreement was Initialled on 20 December 1989. The purpose of this report Is to convey to the Council the results

of those negotiations, having regard in particular to the

directives contained in the Decision of 21 June 1989. it. Structure of the agreement

The text of the agreement, which is based very largely on Council

Directive 83/643/EEC of 1 December 1983 on the simplification of

physical inspections and administrative formalities in respect of

the carriage of goods between Member States (OJ No L 359 of 22

December 1983, p. 8 ), as amended by Council Directive 87/53/EEC of

15 December 1986 (OJ No L 24 of 27 January 1987, p. 3 3 ), is

structured as follows:

-Article 1 defines the types of Inspection and formality to

which the agreement applies;

- Article 2 defines the scope of the agreement;

- Article 3 Inserts a territorial clause to cover the case of

Liechtenstein;

- Article 4 establishes the principle that inspections shall be

random and that the use of simplified procedures and

electronic

administrative

data

processing

shall

be

facilitated; it also covers the siting of customs offices;

- as the Council requested in Its negotiating directives,

Articles 5 and 6 contain specific rules relating to the

veterinary and plant health aspects respectively;

-Article 7 provides for the delegation of powers between

authorities responsible for talcing action to ensure the flow

of traffic in all circumstances;

- Article 8 covers recognition of the Inspections carried out

and the documents drawn up by the competent authorities of

the other contracting party,

- Article 9 concerns the opening hours of frontier posts;

- Article 10 deals with the establishment of express lanes;

-Articles 11, 12, 13 and 14 concern cooperation between the

authorities of the contracting parties and lay a duty on the

contracting parties to take the measures necessary to ensure

that waiting time caused by the various Inspections and

formalities does not exceed the time required for their

proper completion;

- Article 15, 16, 17 and 18 cover the administration of the

agreement and provide, In particular, for the establishment

of a Joint Committee to this end;

- article 19 concerns certain payment facilities for any sums

payable;

- Article 20 concerns the measures to be taken by the

contracting parties to ensure that the agreement

Is

effectively and harmoniously applied;

- Article 21 contains a denunciation clause;

-Article 22 covers ratification procedures and the date of

entry into force;

-Article 23 specifies the languages In which the text of the

agreement shall be drawn up. 4

III. Brief analysis of the agreement in the light of the Council's

negotiating directives

The annex to the Council Decision of 21 June 1989 contains the

negotiating directives for the Commission. To date, of the EFTA countries, only the Swiss Confederation has

declared its willingness to conclude such an agreement. Following the negotiations with the Swiss Confederation, the

situation Is as follows:

1. Scsae. The object of the negotiations was to facilitate the carriage

of goods between the Community and the Swiss Confederation, and

between two points in the Community Involving the crossing of

Swiss territory. Objective achieved (see Article 22). 2. Simplification measures

The aim was to achieve, in the context of the carriage of goods

which have to cross a border between the Swiss Confederation

and the Community, the objectives of Directive 83/643, subject

to the specific rules on the veterinary and plant health

aspects. Objective achieved. 5

3. Institutional provisions

The Council's directives provided for the establishment of a

Joint Committee responsible for examining all matters relating

to the application of the agreement. Objective achieved. 4. Sfifi&LaJ Instructions In connection with the agreement on the

application of the common transit procedure and on the single

administrative document

The Council stated that the agreement must take account of the

agreements concluded between the Community and the EFTA

countries on the application of the common transit procedure

and on the simplification of formalities relating to trade in

goods (the single administrative document). Objective achieved. CONCLUSION

To sum up, the Commission takes the view that the agreement negotiated

with the Swiss Confederation fully accords with the objectives pursued

in the negotiations on the basis of the directives issued to it by the

Council for this purpose, and that it is In the interests of the

Community to conclude the agreement. The Commission therefore proposes that the Council conclude this

agreement by adopting the attached draft proposal. C

PROPOSAL FOR A COUNCIL DECISION
CONCLUDING AN AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE SWISS CONFEDERATION
ON THE SIMPLIFICATION OF INSPECTIONS AND FORMALITIES

IN RESPECT OF THE CARRIAGE OF GOODS

The Council of the European Communities,

Having regard to the Treaty establishing the European Economic

Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas the conclusion of an agreement between the European Economic

Community and the Swiss Confederation on the simplification of

Inspections and formalities in respect of the carriage of goods must

make It possible to Improve the flow of traffic across the frontiers

between the contracting parties; whereas it Is therefore advisable to

conclude such an agreement;

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the European Economic Community and the Swiss

Confederation on the simplification of Inspections and formalities in

respect of the carriage of goods Is hereby concluded on behalf of the

European Economic Community. 7

Article 2

The Community shall be represented on the Joint Committee provided for

in Article 15 of the Agreement by the Commission, assisted by the

representatives of the Member States. Artlcia a

The President of the Council is hereby authorized to designate the

person empowered to sign the Agreement referred to in Article 1 and to

confer on that person the powers required to bind the Community. Done at Brussels,

For the CounclI

The President

3BB-SWISS QQMnBPKRATTCW

CH THE SEMPUFTGATICN OF IHSPBCT1CHS AMD FDBMAUTIES

IN RESPECT OF TF* ruwnTMSR CSP cqçgtf

Preamble

THE CCMTRACTING PARTIES,

CONSIDERING toe free trade agreements oonolnded between the European
Eoanomic Oommmlty and the Swiss Confederation;

(XNSlUKklNG the Joint Declaration adopted In Luxembourg an 9 April 1984 by
Ministers of the EFTA countries and the Member States of the Coranunity and
the Cannission of the European Communities, and the statement adopted in
Brussels on 2 February 1988 by Ministers of the EFTA countries and
Ministers of the Member States of the Ocraounity with the aim of creating a
dynamic European economic area of benefit to their countries;

CONSIDERING; that the Contracting Parties have ratified the International
Convention on the Harmonization of Frontier Controls of Goods;

BEARING IN MIND the need to facilitate the passage of goods at frontiers
between the European Roononrio Community and the Swiss Confederation;

CONSIDERING that such facilitation should be progressively developed in
accordance with the achievement of the European Economic area;

ACKNOWLEDGING that the conditions under which Inspections and formalities
are carried out ma? be extensively harmonized without impairing their
purpose, their proper implementation and their effectiveness;

CONSIDERING that no provision of this Agreement may be interpreted as
exempting the Contracting Parties from their obligations under other
International agreements,

HAVE TECUM) TO OOHCmPK THIS AGREBfBIT:

-1Û

- 1 -

CHAETHBLI

GBBRftL PROVISIONS

ArtJrilft 1

Pftf Initions. For the purposes of this Agreement:

(a) "inspections" means any operation whereby the customs authorities or
any other inspection authority carries out the physical examination or
visual Inspection of the means of transport or of the goods themselves
in order to ascertain that their nature, origin, condition, quantity
and value are in conformity with the particulars contained in the
documents produced;

(b) "formalities" means any formality to which the authorities subject a
trader and which consists in the production or examination of
documents, certificates accompanying the goods, or other particulars,
Irrespective of the method or medium employed, relating to the goods
or the means of transport. ATlilrilft ?t

SûQpa

1. without prejudice to the specific provisions In force under agreements
concluded between the European Economic Community, hereinafter called "the
Community", and the Swiss Confederation, this Agreement shall apply to
inspections and formalities concerning the carriage of goods which have to
cross a frontier between Switzerland and the Community, hereinafter
referred to as the "Contracting Parties". //I

- 2 -

2. This Agreement shall not apply to inspections or formalities:

- in respect of ships and aircraft as means of transport; however, it
shall apply to vehicles and goods carried by the said means of
transport;

- required for the issue of health or plant-health certificates in the

country of origin or of provenance of the goods. ATM*!» a

Territories, covered

1. This Agreement shall apply, on the one hand, to the territories in
which the Treaty establishing the European Koonomlo Community is applied
and under the conditions laid down by that Treaty and, on the other hand,
to the territory of the Swiss Confederation. 2. This Agreement shall also apply to the Principality of Lichtenstein for
as long as that Principality remains bound to the Swiss Confédération by a
customs union treaty. /i

- 3 -

CHAPTER H

FJPCBUUKEB

rVrtiKflft 4

1. UkVfc as otherwise expressly provided In this Agreement, the Contracting
Partit** shall take the necessary measures to ensure that:

- the different inspections and formalities provided for in Article 2(1)
are carried out with the minimum delay necessary and, in so far as
possible, at one place;

- inspections are carried out by means of random checks, except in duly

justified cixcumstanoes. «. i-uL- the purposes of implementing the second indent of paragraph 1, the
jj&toxd ior carrying out random checks shall be the total number of
cons laments passing through a frontier post and presented to a customs
offlue or inspection authority during a given period, and not the total
number of goods making up each consignment. 3. the Contracting Parties shall facilitate , at the places of departure
and destination of goods, the use of simplified procedures and
d&ta~proQ6SHing and ^ta—'fciwTff»1 flglon techniques for the purposes of the
export, transit and Import of goods. 4. The Contracting Parties shall endeavour to deploy customs offices,
4,m\\ii1ng those in the Interior of their territory, In such a way as best
to take account of the requirements of or—jioiul operators. 1%

- 4 -

Article 8

Yfitflrlmry nilfw

In areas relating to the protection of human and animal health and the
protection of animals, implementation of the principles set out in
Articles 4, 8 and 14 and the rules governing the fees to be charged in
respect of the formalities and inspections carried out shall be the subject
of specific recommendations to be adopted In accordance with Article 17 of
the Agreement. A£tiGle_fi

Plant hfftlth mlffi

1. Plant health Inspections of Imports shall take the form only of random
checks and sample testing except in duly justified circumstances. Such
inspections shall be carried out at either the place of destination of the
goods or another place designated within the respective territories on
condition that the itinerary of the goods is affected to the least possible
extent. 2. The rules governing the carrying out of Identity checks on Imports in
relation to goods covered by plant health legislation shall be determined
by means of decisions to be adopted by the Joint Committee In accordance
with Article 17 of this agreement. The measures pertaining to the fees to
be charged In respect of plant health formalities and inspections shall be
the subject of recommendations made by the Joint Committee in acoordanne
with Article 17 of this agreement. '4

- 5 -

3. Paragraphs 1 and 2 shall not apply to goods of other than Community or
Swiss origin except in oases where, by their nature, they present no plant
health risk or in oases where they have undergone a plant health inspection
on entering the territory of the respective Contracting Parties, and are
found, at the time of such Inspections, to meet the requirements relating
to plant health laid down In the legislation of each Contracting Party. 4. Where a Contracting Party considers that there is imminent danger of
the introduction or spread of harmful organisms in its territory, it may
take such temporary measures as are necessary to protect itself against
that danger. The Contracting Parties shall notify one another forthwith of
the measures taken and of the reasons which made them necessary. AxlilOlrt 7

Delegation of powers

The Contracting Parties shall see to it that, by express delegation by the
competent authorities and on their behalf, one of the other services
represented, and preferably the customs service, may carry out inspections
for which those authorities are responsible and, in so far as such
inspections relate to the requirement to produce the necessary documents,
checks on the validity and authenticity thereof and on the identity of the
goods declared in such documents. In that event the authorities concerned
shall ensure that the means required for carrying out such checks are made
available. iç

- 6 -

A-rMnlft q

For the purposes of implementing this Agreement and without prejudice to
the possibility of carrying out random checks, the Contracting Parties
shall, in the event of goods being Imported or entering In transit,
recognize the Inspections carried out and the documents drawn up by the
competent authorities of the other Contracting Party which certify that the
goods comply with the legal requirements of the country of import or
equivalent requirements in the country of export. Axtiole_a

1. Where the volume of traffic so warrants, the Contracting Parties «h*n

see to it that:

(a) frontier posts are open, except when traffic is prohibited, so that:

- frontiers can be crossed twenty-four hours a day with the
corresponding Inspections and formalities in respect of goods placed
under a customs transit procedure, their means of transport and
vehicles travelling unladen, save where frontier inspection is
necessary in order to prevent the spread of disease / or protect
animals;

6

- 7 -

- Inspections and formalities relating to the movement of means of

transport and goods which are not moving under a customs transit

prooedure may be performed from Monday to Friday during an

uninterrupted period of at least ten hours, and on Saturday during an

uninterrupted period of at least six hours, unless those days are

public holidays;

(b) as regards vehicles and goods transported by air, the periods referred
to in the second indent of subparagraph (a) are adapted in such a way
as to meet actual needs and for that purpose are split or extended if
necessary. 2. Where general compliance with the periods referred to In the second
indent of subparagraph 1(a) and in subparagraph 1(b) poses problems for
veterinary services, the Contractiog Parties shall see to it that, subject
to at least twelve hours' notice being given by the carrier, a veterinary
expert is available during those periods; in the case of the transport of
live animals, however, the period of such notice may be Increased to
eighteen hours. 3. Where several frontier posts are situated in the immediate vicinity of
one and the same frontier zone, the Contracting Parties may jointly agree
to derogate from paragraph 1 provided that the other posts in that zone
are, in fact, able to clear goods and vehicles In accordance with that
paragraph. /?

- 8 -

4. As regards the frontier posts and customs offices and services referred
to in paragraph 1, and under the conditions laid down by the Contracting
Parties, the competent authorities shall, if sped finally requested ^ming
business hours and for sound reasons, provixie for inspections and
formalities to be carried out, as an exception, outside business hours, on
condition that, where relevant, payment is made for services so rendered. Artilalft 10

£xnrâSjS_Jâneâ

The Contracting Parties shall endeavour to establish at frontier posts,
where technically possible and justified by the volume of traffic, express
lanes reserved for goods placed uner a customs transit procedure, their
means of transport, vehicles travelling unladen and all goods subject to
such Inspections and formalities as do not exceed those required in respect
of goods placed under a transit procedure. 'i

- 9 -

ÛQQESBAXKK

Oopoeration between

1. In order to facilitate the crossing of frontiers, the Contracting
Parties shall take the measures necessary to extend coopération at both
national and regional or local level between the authorities responsible
for the organization of Inspections and between the various departments
carrying out inspections and formalities on either side of such frontiers. 2. Each Contracting Party shall, in so far as it is concerned, see to it
that persons engaged in trade covered by this Agreement can rapidly Inform
the competent authorities of any problems encountered when crossing
frontiers. 3. The coopération referred to in paragraph 1 shall cover in particular:

A. the arrangement of frontier posts in such a way as to meet traffic

requirements,

B. the conversion of frontier offices into juxtaposed inspection offices,

where possible,

C. the harmonization of the responsibilities of the frontier posts and

offices situated on either side of the frontier,

D. the seeking of appropriate solutions to any problems reported. 4. The Contracting Parties shall cooperate in order to harmonize the
business hours of the various departments carrying out inspections and
formalities on either side of the frontier. ' /

- 10 -

AjtlOlft 12

HotJ. flQAt. lnri of mm lTTffpfyrft1flnfi nm

Where a Contracting Party Intends to Introduce a new inspection or
formality, It shall Inform the other Contracting Party thereof. The
Contracting Party concerned shall ensure that the measures taken to
facilitate the crossing of frontiers are not rendered inoperative through
the application of such new inspections or formalities. Axt. 10. 1ft Iff

Free flow of traffic. The Contracting Parties shall take the measures necessary to ensure that
waiting time caused by the various Inspections and formalities does not
«gnftfti the time required for their proper completion. To that end, they
shall organize the business hours of the departments which are to carry out
inspections and formalities, the staff available and the practical
arrangements for processing goods and documents associated with the
carrying out of inspections and formalities in such a way as to reduce
waiting time in the flow of traffic to the fullest possible extent. ^

- 11 -

2. The competent authorities of countries in whose territory serious
disruption in regard to the carriage of goods occurs, which is likely to
jeopardize the objectives of simplifying and expediting the crossing of
frontiers, shall immediately inform the competent authorities of the other
countries affected by such disruption. 3. The competent authorities of each country so affected shall immediately
take appropriate measures to ensure, as far as possible, the free flow of
traffic. The measures shall be notified to the Joint Committee which
shall, where appropriate, meet In emergency session at the request of a
Contracting Party, where they shall be the subject of consultations. Article 14

A^in1n1fftrftt1vft afiRlstrftfioft

1. In order to ensure the smooth functioning of trade between the
Contracting Parties and to facilitate the detection of any Irregularity or
infringement, the customs authorities of the countries concerned shall,
upon request or, where they consider that this would be in the interests of
the other Contracting Party, on their own initiative, provixie each other
with all available information (including administrative findings and
reports) of Interest for the proper ijnplementation of this Agreement. 2. Assistance may be withheld or denied, in whole or in part, where the
requested country considers that the assistance would be prejudicial to its
security, public policy (ordre public) or other essential Interests, or
would violate an Industrial, ocMMiyrtal or professional secret. 9 /

- 12 -

3. If assistance is withheld or denied, the requesting country ahuii be

notified of the decision and the reasons therefor without delay. 4. If the customs authority of a 000x1117 requests assistance which it
would not be able to give if requested, it shall draw attention to that
fact In its request. Compliance with such a request shall be at the
discretion of the customs authority to which the request is made. 5. Information obtained in accordance with paragraph 1 shall be used
solely for the purposes of this Agreement and shall be accorded the same
protection by the recipient country as is afforded to Information of n w>
nature under the national law of that country. Such Information «HAII be
used for other purposes only with the written consent of the customs
authority which furnished it and subject to any restrictions laid down by
that authority. CHAPTER IV

ATimn-ffTRRTJC BODIES

A r t i de IB

fTnlntr O T — I W *0

1. A Joint Committee is hereby established on which the Contracting
Parties to this Agreement shall be represented. 2. The Joint Committee shall act by mutual agreement. 3. The Joint Committee shall meet whenever necessary but at least once a
year. Any Contracting Party may request that a meeting be held. n

- 13 -

4. The Joint Committee shall adopt its own rules of procedure which shall
contain, iryfc'w» »n«-, provisions for convening meetings and for the
designation of the chairman and M« term of office. 5. The Joint Committee may decide to set up any sub-committee or working
party that can assist it in carrying out its duties. Article 16

Cpflflultatlon groups

1. The competent authorities of the countries concerned may set up any
consultation group responsible for dealing with questions of a practical,
technical or organizational nature at regional or local level. 2. Such consultation groups shall meet whenever necessary at the request
of the competent authorities of a country. The Joint Committee shall be
kept regularly informed of their deliberations by the Contracting Parties
responsible for them. Article 17

JBPieBrs_of thft Joint Committee. 1. It shall be the responsibility of the Joint Committee to administer
this Agreement and ensure i ts proper implementation. For that purpose it
jaTiA. ii make recommendations and take decisions. u

- 14 -

2. In addition to the matters for which express provision is made in this
Agreement it shall, by means of decisions, adopt implementing measures of a
technical and administrative nature with a view to reducing inspections and
formalities. 3. Decisions shall be Implemented by the Contracting Parties in accordance
with their own rules. 4. For the purposes of the proper Implementation of the Agreement, the
Joint Committee shall be Informed at regular Intervals by the Contracting
Parties of experience gained in its implementation and those Parties shall,
at the request of any one of them, consult one another within the Joint
Committee. Axtilolft 1ft

SfittlfflBRnt of fllfiputflfL

Any dispute between the Contracting Parties concerning the interpretation
or application of this Agreement shall be referred to the Joint Committee
which shall seek an ami cable settlement thereof. it,

- 15 -

CHAPTER V

ranYTfiifws

Artlftlft 19

The Contracting Parties shall see to it that any sums payable in respect of
the inspections and formalities applied to trade can also be paid by means
of guaranteed or certified international cheques, expressed in the currency
of the country in which such sums are payable. Article 2Q

Xraqpl

flmfy^tilnn nf +P* Agffiflnpntf

Each Contracting Party shall take appropriate measures to ensure that the
provisions of this Agreement are effectively and harmoniously applied,
taking into account the need to make it easier for goods to cross frontiers
and the need to achieve mutually satisfactory solutions of any difficulties
arising out of the application of the said provisions. Article 21

Any Contracting Party may denounce the Agreement by so notifying the other
Contracting Party. The Agreement shall lapse 12 months following the date
of such notification. 2 s

- 16 -

1. This Agreement shall be approved by the Contracting Parties in
accordance with their own procedures. It shall enter into force on
1 July 1991 on condition that the Contracting Parties have notified one
another prior to that date that the requisite procedures have been
completed. 2. If this Agreement does not enter into force on 1 July 1991, it «h«. n
enter into force on the first day of the second month following the date on
which the Contracting Parties notify one another that the requisite
procedures have been completed. Art-mift 2fl

languages

This Agreement shall be drawn up In duplicate in the Danish, Dutch,
English, French, German, Greek, Italian, Portuguese and Spanish languages,
all texts being equally authentic. Done at,

the

1990

For the Swiss Delegation

For the Delegation of the
Commission of the European
Communities

Ct

ISSN 0254-1475

COM(90) 39 final

DOCUMENTS

EN

11 07

Catalogue number : CB-CO-90-069-EN-C

ISBN 92-77-57441-0

Office for Official Publications of the European Communities
L-2985 Luxembourg


90/58/EEC: Commission Decision of 5 February 1990 concerning animal health conditions and veterinary certification for imports of fresh meat from Chile

fresh meat,health certificate,health control,import

fresh meat
health certificate
health control
import


Question No 70 by Mr CUSHNAHAN (H-127/90) to the Council: Bank for Development and Reconstruction

Eastern Bloc countries,development bank,loan

Eastern Bloc countries
development bank
loan


Question No 67 by Mr NIANIAS (H-45/90) to the Council: Relations between the EC and Bulgaria

Bulgaria,Central and Eastern Europe,EU relations,association agreement,cooperation agreement,economic cooperation,economic development

Bulgaria
Central and Eastern Europe
EU relations
association agreement
cooperation agreement
economic cooperation
economic development


Council Regulation (EEC) No 320/90 of 5 February 1990 laying down certain technical measures for the conservation of fishery resources in the regulatory area as defined in the convention on future multilateral cooperation in the Northwest Atlantic Fisheries

EU Member State,North-West Atlantic Fisheries Organisation,catch by species,sea fishing


Commission Regulation (EEC) No 313/90 of 5 February 1990 on the classification of goods within code 2710 00 69 of the combined nomenclature

Combined Nomenclature,common customs tariff,diesel fuel,heavy oil,oil refining

Combined Nomenclature
common customs tariff
diesel fuel
heavy oil
oil refining

L_1990035EN. 01000701. xml

7. 2. 1990

EN

Official Journal of the European Communities

L 35/7

COMMISSION REGULATION (EEC) No 313/90
of 5 February 1990
on the classification of goods within code 2710 00 69 of the combined nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), as last amended by Regulation (EEC) No 3845/89 (2), and in particular Article 9 thereof,
Whereas to ensure uniform application of the combined nomenclature it is appropriate to adopt provisions concerning the classification of a gas oil having a flash-point equal to, or above 55 oC which is intended to be subjected to a process of vacuum distillation with a view to increasing the flash-point in order to ensure that the flash-point of the finished product, resulting from transportation, after its entry into free circulation, in tanks which may be contaminated or following the addition of kerosene to increase its fluidity, does not fall below 55 oC which is the minimum generally required for marketing the product as a gas oil;
Whereas the combined nomenclature annexed to Regulation (EEC) No 2658/87 refers in code 2710 00 61 to gas oil for ‘undergoing a specific process’ together with a footnote reading as follows: ‘Entry under this subheading is subject to conditions to be determined by the competent authorities’ and in code 2710 00 69 to gas oils ‘for other purposes’; whereas the said codes come into consideration for classification of the gas oil in question;
Whereas Additional Note 4 to Chapter 27 lists the operations to which the term ‘specific process’ can be taken to apply; whereas subparagraph (a) of that note reads as follows: ‘vacuum distillation’; whereas consequently the classification of the gas oil in question in CN code 2710 00 61 or CN code 2710 00 69 depends on whether or not the process referred to at the first recital may be regarded as a ‘specific process’ for the purposes of the aforementioned Note 4 (a);
Whereas, although Note 4 (a) is limited to mentioning the process ‘vacuum distillation’ and whereas the Explanatory Note to the combined nomenclature concerning this Note 4 (a) states that ‘Vacuum distillation means distillation under a pressure not exceeding 400 mbar, measured at the head of the column’, the structure and content of Chapter 27 indicate that an operation may be regarded as a ‘specific process’, i. e. give entitlement to exemption from customs duty, only if it appreciably changes the characteristics of the basic product;
Whereas the process of vacuum distillation in question does not have the effect of appreciably changing the characteristics of the basic product; whereas, in reality, it does not appear to be justified either by technical or economic reasons, if the flash-point of the basic imported product is higher than that generally required for marketing the product as gas oil; whereas, in effect, the gas oil in question may be used as diesel fuel or as light heating fuel before as well as after the process indicated at the first recital; whereas on the other hand in so far as the existence of the abovementioned explanatory note is concerned, although it technically incorporates the legal text, it is equally established that the latter shall be interpreted and applied within the constraints deriving from the existence of the footnote establishing ‘end use’ and therefore from Community legislation in this matter;
Whereas the process to which the gas oil is submitted cannot be considered a specific process within the meaning of the aforementioned Note 4 (a); whereas, consequently, this gas oil is classified in code 2710 00 69;
Whereas the Nomenclture Committee has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
A gas oil, having a flash-point equal to or above 55 oC for undergoing a process of vacuum distillation in order to raise the flash-point so as to ensure that, resulting from its transportation, after its entry into free circulation, in tanks which may be contaminated or following the addition of kerosene to increase its fluidity, the flash-point of the finished product does not fall below 55 oC which is the minimum generally required for marketing the product as a gas oil, shall be classified in the combined nomenclature, as follows:

‘— Heavy oils:

— — Gas oils:

2710 00 69

—— — For other purposes’. Article 2
This Regulation shall enter into force on the 21st day after its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 February 1990. For the Commission

Christiane SCRIVENER

Member of the Commission

(1)  OJ No L 256, 7. 9. 1987, p. 1. (2)  OJ No L 374, 22. 12. 1989, p. 2


Council Regulation (EEC) No 341/90 of 5 February 1990 accepting undertakings and imposing a definitive anti- dumping duty on imports of ferro-silicon originating in Iceland, Norway, Sweden, Venezuela or Yugoslavia, except those sold for export to the Community by companies whose undertakings have been accepted


Question No 8 by Mrs GARCIA ARIAS (H-260/90) to the Commission: Agreement with Eastern European countries on coal and steel

EU relations,Eastern Bloc countries,coal,cooperation agreement,steel,trade agreement

EU relations
Eastern Bloc countries
coal
cooperation agreement
steel
trade agreement


Question No 72 by Mr CANO PINTO (H-257/90) to the Council: EEC-GDR trade and cooperation agreement

EU relations,German Democratic Republic,cooperation agreement,trade agreement,unification of Germany

EU relations
German Democratic Republic
cooperation agreement
trade agreement
unification of Germany


Question No 73 by Mrs GARCIA ARIAS (H-259/90) to the Council: Agreements with Eastern European countries on coal and steel


Question No 101 by Mr McMAHON (H-235/90) to the Foreign Ministers meeting in Political Cooperation: Continuation of sanctions against South Africa by Member States of the Community following the release of N. Mandela

South Africa,United Kingdom,apartheid,common position,international sanctions,political prisoner

South Africa
United Kingdom
apartheid
common position
international sanctions
political prisoner


Written Question No. 83/90 by Mrs Dorothée Piermont to the Commission of the European Communities. Sale of a map of Europe by international airline companies showing the ' German Reich' with its 1937/1939 borders


Written Question No. 69/90 by Mrs Anita Pollack to the Council of the European Communities. Dumping chemical waste in the North Sea

North Sea,United Kingdom,chemical pollution,marine pollution,pollution control measures,waste disposal

North Sea
United Kingdom
chemical pollution
marine pollution
pollution control measures
waste disposal


Written Question No. 81/90 by Mrs Jessica Larive to the Commission of the European Communities. Racism and neo-fascism

EU Member State,Fascism,Spain,United Kingdom,political ideology,politics,publication,racism,xenophobia

EU Member State
Fascism
Spain
United Kingdom
political ideology
politics
publication
racism
xenophobia


Written Question No. 71/90 by Mr Llewellyn Smith to the Commission of the European Communities. Information on nuclear fuels for Environmental Agency


Written Question No. 90/90 by Mr Pedro Canavarro to the Commission of the European Communities. Eucalyptus plantations

EU aid,Portugal,Spain,arboriculture,ecological balance,environmental impact,environmental protection,forestry policy,silviculture,wood production

EU aid
Portugal
Spain
arboriculture
ecological balance
environmental impact
environmental protection
forestry policy
silviculture
wood production


Written Question No. 59/90 by Mr Jaak Vandemeulebroucke to the Commission of the European Communities. Convention on the conservation of migratory species of wild animals

animal life,environmental impact,international agreement,protected species,protection of animal life,ratification of an agreement,signature of an agreement,wildlife

animal life
environmental impact
international agreement
protected species
protection of animal life
ratification of an agreement
signature of an agreement
wildlife


Written Question No. 88/90 by Mr Georgios Romeos to the Council of the European Communities. Discharge of chemical waste into the North Sea

Ireland,North Sea,United Kingdom,application of EU law,dumping of waste,marine pollution,pollution control measures

Ireland
North Sea
United Kingdom
application of EU law
dumping of waste
marine pollution
pollution control measures


Written Question No. 84/90 by Mrs Dorothée Piermont to the Foreign Ministers meeting in European Political Cooperation. Sale of a map of Europe by international airline companies showing the ' German Reich' with its 1937/1939 borders

Europe
Germany
air traffic
atlas
carrier


Written Question No. 80/90 by Mr David Martin to the Commission of the European Communities. Delegation of executive powers to the Commission

European Commission
executive competence


Written Question No. 85/90 by Mr François-Xavier de Donnéa to the Commission of the European Communities. Dispersal of DG IX following the transfer of the translation services to the JECL premises

European Commission,centralisation of information,information profession,personnel administration

European Commission
centralisation of information
information profession
personnel administration


Written Question No. 55/90 by Mr Jaak Vandemeulebroucke to the Commission of the European Communities. WHO' s Essential Drug Program and the export of drugs from the Community

World Health Organisation,developing countries,health aid,medicinal product

World Health Organisation
developing countries
health aid
medicinal product


Written Question No. 65/90 by Mr Artur da Cunha Oliveira to the Commission of the European Communities. Prostitution of children and juveniles in Aveiro

EU policy,Portugal,aid to disadvantaged groups,child protection,living conditions,prostitution,social policy,social services

EU policy
Portugal
aid to disadvantaged groups
child protection
living conditions
prostitution
social policy
social services


Written Question No. 53/90 by Mr Jaak Vandemeulebroucke to the Commission of the European Communities. Experts' assessments in the insurance sector and the establishment of the internal market

Belgium,EU law,insurance company,judicial proceedings,legal hearing,motor vehicle insurance,self-employed person,transport accident

Belgium
EU law
insurance company
judicial proceedings
legal hearing
motor vehicle insurance
self-employed person
transport accident


Written Question No. 62/90 by Mr Jaak Vandemeulebroucke to the Commission of the European Communities. European Parliament resolution of 18 June 1987 on a political solution to the Armenian question

Armenian question,EP resolution,European Court of Human Rights,Türkiye,accession to the European Union

Armenian question
EP resolution
European Court of Human Rights
Türkiye
accession to the European Union


Written Question No. 50/90 by Mr Jaak Vandemeulebroucke to the Commission of the European Communities. Eclair projects

EU policy,European Commission,agri-foodstuffs,agro-industry,agronomic research,research programme,research project

EU policy
European Commission
agri-foodstuffs
agro-industry
agronomic research
research programme
research project


Written Question No. 89/90 by Mr Pedro Canavarro to the Commission of the European Communities. Eucalyptus plantations in Portugal and Spain


Written Question No. 67/90 by Mrs Anita Pollack to the Commission of the European Communities. Fur

USSR,animal skin,hunting regulations,protection of animals

USSR
animal skin
hunting regulations
protection of animals


Written Question No. 57/90 by Mr Jaak Vandemeulebroucke to the Commission of the European Communities. Exemption from VAT and road tax for disabled people

VAT,disabled person,medical device,single market,tax harmonisation

VAT
disabled person
medical device
single market
tax harmonisation


Written Question No. 77/90 by Mr Jean-Claude Pasty to the Commission of the European Communities. Introduction or continued use of agricultural production practices compatible with the protection of the environment, fauna or the landscape

State aid,agricultural production,agricultural region,application of EU law,countryside conservation,environmental impact,environmental policy,environmental protection,protection of animal life,redirection of production

State aid
agricultural production
agricultural region
application of EU law
countryside conservation
environmental impact
environmental policy
environmental protection
protection of animal life
redirection of production


Written Question No. 93/90 by Mr Mihail Papayannakis to the Commission of the European Communities. Raisins

Greece,aid per hectare,common organisation of markets,competitiveness,dried product,guaranteed minimum price,producer co-responsibility,product quality,production aid,reform of the CAP

Greece
aid per hectare
common organisation of markets
competitiveness
dried product
guaranteed minimum price
producer co-responsibility
product quality
production aid
reform of the CAP


Written Question No. 49/90 by Mr. Jaak Vandemeulebroucke to the Commission of the European Communities. The European region (' Euregio' ) of Zeeland, Eastern Flanders and Western Flanders

European Regional Development Fund,European Social Fund,Province of East Flanders,Province of West Flanders,Zeeland,cross-border cooperation

European Regional Development Fund
European Social Fund
Province of East Flanders
Province of West Flanders
Zeeland
cross-border cooperation


Written Question No. 87/90 by Mr Mihail Papayannakis to the Commission of the European Communities. Aquaculture and its effects

Greece,Structural Funds,aquaculture,income,increase in production,job creation,traditional fishing

Greece
Structural Funds
aquaculture
income
increase in production
job creation
traditional fishing


Written Question No. 92/90 by Mr Marco Taradash to the Commission of the European Communities. European School

Belgium,European school,education budget,school fees

Belgium
European school
education budget
school fees


Commission Regulation (EEC) No 306/90 of 2 February 1990 on the supply of various lots of refined sunflower oil as food aid


Written Question No. 82/90 by Mr Elio Di Rupo to the Commission of the European Communities. Transborder cooperation against industrial pollution

Council of the European Union,EC Directive,EU aid,EU policy,Single European Act,cross-border cooperation,frontier region,industrial pollution,pollution control measures,transfrontier pollution

Council of the European Union
EC Directive
EU aid
EU policy
Single European Act
cross-border cooperation
frontier region
industrial pollution
pollution control measures
transfrontier pollution


Commission Regulation (EEC) No 301/90 of 2 February 1990 amending Regulation (EEC) No 210/89 on communications between Member States and the Commission with regard to milk and milk products

EU Member State,European Commission,disclosure of information,milk,milk product

EU Member State
European Commission
disclosure of information
milk
milk product


Written Question No. 78/90 by Mr Adrien Zeller to the Commission of the European Communities. Harmonization of training for holiday centre entertainments staff

European cooperation,holiday,social worker,vocational training

European cooperation
holiday
social worker
vocational training


Written Question No. 72/90 by Mr Llewellyn Smith to the Commission of the European Communities. Volumes and movements of toxic wastes

EU Member State,EU industrial policy,EU research policy,EU statistics,OECD,application of EU law,arms industry,cross-border transport,environmental protection,industrial reorganisation,know-how,research and development,terminology,toxic substance,transport of dangerous goods

EU Member State
EU industrial policy
EU research policy
EU statistics
OECD
application of EU law
arms industry
cross-border transport
environmental protection
industrial reorganisation
know-how
research and development
terminology
toxic substance
transport of dangerous goods


Written Question No. 51/90 by Mr Jaak Vandemeulebroucke to the Commission of the European Communities. The provision, within the Community, of information about medicines by sources outside the pharmaceutical industry

advertising,consumer information,consumer protection,dissemination of information,doctor,health policy,medicinal product,pharmaceutical industry,pharmacology,source of information

advertising
consumer information
consumer protection
dissemination of information
doctor
health policy
medicinal product
pharmaceutical industry
pharmacology
source of information


Written Question No. 56/90 by Mr Jaak Vandemeulebroucke to the Commission of the European Communities. Energy reserves and energy research

EU Member State,energy industry,energy research,energy resources,statistics

EU Member State
energy industry
energy research
energy resources
statistics


PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 70/220/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO MEASURES TO BE TAKEN AGAINST AIR POLLUTION BY EMISSIONS FROM MOTOR VEHICLES

air quality,approximation of laws,environmental standard,marketing,motor vehicle,technical regulations

air quality
approximation of laws
environmental standard
marketing
motor vehicle
technical regulations


Written Question No. 61/90 by Mr Jaak Vandemeulebroucke to the Commission of the European Communities. Storage of radioactive waste

EU Member State,radioactive waste,storage of waste,waste management

EU Member State
radioactive waste
storage of waste
waste management


Written Question No. 64/90 by Mr Michael Welsh to the Commission of the European Communities. German taxes on tourists

Germany,VAT,carriage of passengers,residence permit,tourist exchange

Germany
VAT
carriage of passengers
residence permit
tourist exchange


Written Question No. 76/90 by Mr Jean-Pierre Raffarin to the Commission of the European Communities. ENVIREG Programme in Atlantic regions covered by Objectives 2 and 5b

Atlantic Ocean,EU waters,coastal protection,coastal region,environmental policy,member country,regional development

Atlantic Ocean
EU waters
coastal protection
coastal region
environmental policy
member country
regional development


Written Question No. 73/90 by Mr Llewellyn Smith to the Commission of the European Communities. Access of information on nuclear materials by Environmental Agency


Written Question No. 91/90 by Mrs Jessica Larive to the Commission of the European Communities. Right of abode for foreigners in Italy

EU national,Italy,application of EU law,free movement of persons,residence permit

EU national
Italy
application of EU law
free movement of persons
residence permit


Written Question No. 63/90 by Mr Jaak Vandemeulebroucke to the Commission of the European Communities. Discharge of radioactive waste into the sea

dumping of waste,international convention,law of the sea,marine pollution,radioactive waste

dumping of waste
international convention
law of the sea
marine pollution
radioactive waste


Written Question No. 86/90 by Mr Mihail Papayannakis to the Commission of the European Communities. Coresponsibility levy for soya

Greece,producer co-responsibility,production aid,soya bean,support price

Greece
producer co-responsibility
production aid
soya bean
support price


Written Question No. 66/90 by Mr Frédéric Rosmini to the Commission of the European Communities. Introduction by the FRG of a road tax on lorries with a total weight exceeding 18 tonnes

Federation State,Germany,axle tax,commercial vehicle,redemption

Federation State
Germany
axle tax
commercial vehicle
redemption


Written Question No. 52/90 by Mr Jaak Vandemeulebroucke to the Commission of the European Communities. Art forgeries and the internal market

copyright,fine arts,fraud,industrial counterfeiting,intra-EU trade,literary and artistic property,painting,work of art

copyright
fine arts
fraud
industrial counterfeiting
intra-EU trade
literary and artistic property
painting
work of art


Written Question No. 94/90 by Mr Dimitrios Nianias to the Commission of the European Communities. Unsafe microwave ovens

EU competence,United Kingdom,approximation of laws,consumer protection,harmonisation of standards,health risk,household electrical appliance

EU competence
United Kingdom
approximation of laws
consumer protection
harmonisation of standards
health risk
household electrical appliance


Written Question No. 68/90 by Mrs Anita Pollack to the Commission of the European Communities. Fur

Canada,European Commission,animal skin,hunting regulations,import (EU),import restriction,proposal (EU),protection of animals

Canada
European Commission
animal skin
hunting regulations
import (EU)
import restriction
proposal (EU)
protection of animals


Written Question No. 74/90 by Mr Llewellyn Smith to the Commission of the European Communities. Compilation of data by European Environment Agency

access to information,environmental monitoring,information policy

access to information
environmental monitoring
information policy


Written Question No. 60/90 by Mr Jaak Vandemeulebroucke to the Commission of the European Communities. Community support for adult education

EU aid,adult education,continuing education,vocational training

EU aid
adult education
continuing education
vocational training


Written Question No. 54/90 by Mr Jaak Vandemeulebroucke to the Commission of the European Communities. Illegal waste water discharges by the EC institutions in Brussels

Brussels region,EU institution,EU policy,waste disposal

Brussels region
EU institution
EU policy
waste disposal


Written Question No. 58/90 by Mr Jaak Vandemeulebroucke to the Commission of the European Communities. Financial support for monuments and landscapes


PROPOSAL FOR A COUNCIL REGULATION ( EEC ) CONCERNING THE ANIMAL HEALTH CONDITIONS GOVERNING THE PLACING ON THE MARKET OF AQUACULTURE ANIMALS AND PRODUCTS

aquaculture
fish product
health control
marketing


Written Question No. 70/90 by Mr Llewellyn Smith to the Commission of the European Communities. Safety of transport arrangements for plutonium etc.

nuclear safety,plutonium,proposal (EU),radioactive materials,radioactive waste,road safety,transport authorisation,transport of dangerous goods

nuclear safety
plutonium
proposal (EU)
radioactive materials
radioactive waste
road safety
transport authorisation
transport of dangerous goods


Written Question No. 75/90 by Mr Alman Metten to the Commission of the European Communities. The price to the consumer of anti-dumping policy

access to information,anti-dumping legislation,consumer protection,electronics industry,institutional cooperation,interpretation of the law,legislative procedure

access to information
anti-dumping legislation
consumer protection
electronics industry
institutional cooperation
interpretation of the law
legislative procedure


Written Question No. 79/90 by Mrs Raymond Dury to the Commission of the European Communities. Redundancies in Europe caused by Japanese imports

Japan,United States,foreign enterprise,impact study,import (EU),job cuts,motor vehicle industry,production cost

Japan
United States
foreign enterprise
impact study
import (EU)
job cuts
motor vehicle industry
production cost