Considerations on COM(2018)576 - EU position in the EU-CTC Joint Committee (on the simplification of formalities in trade in goods and common transit procedures) as regards an invitation to the UK to accede

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(1) The Convention of 20 May 1987 on the simplification of formalities in trade in goods 4 4 and the Convention of 20 May 1987 on a common transit procedure 5 5 ("the Conventions") were concluded between the European Economic Community, the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation on 20 May 1987 and entered into force on 1 January 1988.

(2) The United Kingdom of Great Britain and Northern Ireland ("the United Kingdom") has expressed its wish to accede to the Conventions as a separate Contracting Party from the date the Conventions no longer applies to and in the United Kingdom.

(3) Pursuant to Article 11(3) of the Convention on the simplification of formalities in trade in goods, the Joint Committee set up by that Convention may adopt, by decision, invitations to third countries to accede to that Convention.

(4) Pursuant to Article 15(3) of the Convention on a common transit procedure, the Joint Committee set up by that Convention may adopt, by decision, invitations to third countries to accede to that Convention.

(5) It is appropriate to establish the position to be taken on the Union’s behalf in those Joint Committees, as the Decisions to invite the United Kingdom to accede to the Conventions as a separate Contracting Party will be binding on the Union.

(6) These Conventions ensure efficient border crossing procedures for trade between contracting parties.

(7) While the United Kingdom will, not be a third country when the Joint Committees decide on the invitations, it is however in the interest of the Union to ensure that it accedes to the Conventions as a separate contracting party as from the date Union law (including these Conventions) no longer applies to and in the United Kingdom.

(8) Both Conventions provide that a third country invited to become a contracting party shall do so by lodging an instrument of accession and that the accession shall become effective on the first day of the second month following the lodging of the instrument of accession.

(9) Considering this timeline and in order for the United Kingdom to accede to these Conventions without delay once it becomes a third country, it is necessary to prepare the adoption by the Joint Committees of the invitations to accede to these Conventions.

(10) The accession of the United Kingdom to the Conventions should be effective only from the date the United Kingdom is no longer covered by the Conventions as a Member State of the European Union or, should the European Union and the United Kingdom agree on transitional arrangements whereby the Conventions would apply to and in the United Kingdom, as from the date these transitional arrangements cease to apply.