Explanatory Memorandum to COM(2013)467 - EU position in the EU-EFTA Joint Committee on amending the Convention of 20 May 1987 on a common transit procedure (adaptations resulting from the accession of Croatia)

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1. CONTEXT OF THE PROPOSAL

Grounds for and objectives of the proposal

The Convention of 20 May 1987 on a common transit procedure ("Convention") establishes the measures facilitating the movement of goods between the European Union and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation, the Republic of Croatia and the Republic of Turkey.

The forthcoming accession of Croatia to the European Union on 1 July 2013 involves necessary technical adaptations to Appendix III of the Convention, reflecting its new position as a Member State of the European Union.

General context

This proposal aims at reorganising the linguistic references to Croatia in the relevant Annexes of Appendix III of the Convention and in particular by moving them from the EFTA countries part to the European Union part.

In addition, in order to allow the use of the guarantee forms printed in accordance with the criteria in force prior to the date of accession of Croatia to the European Union, a transitional period should be established during which the printed forms, with the corresponding geographical adaptations, could continue to be used.

Existing provisions in the area of the proposal

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

Consistency with other policies and objectives of the Union

Not applicable.

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



Consultation of interested parties

Consultation methods, main sectors targeted and general profile of respondents

Consultation with approval by the EU-EFTA 'Common transit' working group, representing the Contracting Parties to the Convention.

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

There was no need for an impact assessment as the fundamental rules of the Convention continue to apply.

2.

LEGAL ELEMENTS OF THE PROPOSAL



Summary of the proposed action

The Croatian language versions of the references used in the Convention should be reorganised and placed in the appropriate order. The guarantee forms should be adapted by moving Croatia into the respective order among the European Union Member States.

Consequently, the provisions of the Convention on a common transit procedure have to be subject to the necessary adaptations.

This draft decision was communicated to the EU-EFTA Working Group on common transit.

The Council is invited to establish the EU position regarding the annexed decision to be adopted by the EU-EFTA Joint Committee on Common Transit.

Legal basis

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

Subsidiarity principle

The proposal falls under the exclusive competence of the European Union. The subsidiarity principle therefore does not apply.

Proportionality principle

The proposal complies with the proportionality principle for the following reason.

Not applicable.

Choice of instruments

Proposed instrument: Decision of the EU-EFTA Joint Committee.

Other means would not be adequate for the following reason:

There is no other adequate instrument.

3.

BUDGETARY IMPLICATION



The proposal has no implication for the EU budget.

5. OPTIONAL ELEMENTS

Simplification

The common transit procedure provides for simplification of administrative procedures for public authorities (EU or national) and for private parties.