ANNEX I

Letter No 1

Brussels, ...

Sir,

The EEC-Austria Joint Committee - Community transit - has proposed, in recommendation No 1/80 of 18 September 1980, certain amendments to the Agreement between the European Economic Community and the Republic of Austria on the simplification of formalities in respect of goods traded between the European Economic Community on the one hand and Greece and Turkey on the other hand when the said goods are forwarded from Austria. The amended Agreement is set out in the attached Appendix. I have the honour to confirm that the Community is in agreement with these amendments and I would propose that they enter into force on 1 January 1981. I should be grateful if you would confirm that the Republic of Austria is in agreement with these amendments and with the date proposed for their entry into force.

Please accept, Sir, the assurance of my highest consideration.

For the Council

of the European Communities

Letter No 2

Brussels, ...

Sir,

I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:

"The EEC-Austria Joint Committee - Community transit - has proposed, in recommendation No 1/80 of 18 September 1980, certain amendments to the Agreement between the European Economic Community and the Republic of Austria on the simplification of formalities in respect of goods traded between the European Economic Community on the one hand and Greece and Turkey on the other hand when the said goods are forwarded from Austria. The amended Agreement is set out in the attached Appendix. I have the honour to confirm that the Community is in agreement with these amendments and I would propose that they enter into force on 1 January 1981. I should be grateful if you would confirm that the Republic of Austria is in agreement with these amendments and with the date proposed for their entry into force."

I have the honour to confirm that the Republic of Austria is in agreement with the contents of your letter and with the date proposed for the entry into force of these amendments.

Please accept, Sir, the assurance of my highest consideration.

For the Republic of Austria

APPENDIX

AGREEMENT between the European Economic Community and the Republic of Austria on the simplification of formalities in respect of goods traded between the European Economic Community and Turkey when the said goods are forwarded from Austria

THE EUROPEAN ECONOMIC COMMUNITY,

of the one part,

THE REPUBLIC OF AUSTRIA,

of the other part,

DESIRING to simplify the formalities to be completed in respect of goods traded between the European Economic Community and Turkey, a State with which the Community has concluded an Association Agreement when such goods are forwarded from Austria after unloading and reloading or warehousing in bonded warehouse;

WHEREAS the Agreement between the European Economic Community and the Republic of Austria on the implementation of Community transit Regulations, signed on 30 November 1972, laid down a wide measure of cooperation between the customs administration of the Member States and of Austria based on mutual confidence ; whereas, in the interest of simplifying formalities, this cooperation could also be applied in trade between the European Economic Community and Turkey,

HAVE AGREED AS FOLLOWS:

Article 1

In this Agreement the expressions set out below shall be understood as follows:

(a) Community : the European Economic Community;

(b) Member States : a Member State of the Community;

(c) Agreement on transit : the Agreement of 30 November 1972 between the European Economic Community and the Republic of Austria on the implementation of Community transit Regulations.

Article 2

1. Without prejudice to paragraph 2, this Agreement shall apply to goods in respect of which movement certificates conforming to the specimens shown in Annex I have been completed in respect of goods traded between the Community and Turkey and which are forwarded from Austrian territory after, as appropriate, unloading and reloading or warehousing in bonded warehouse.

2. The provisions of this Agreement shall not apply to the goods listed in Annex II.

Article 3

1. A movement certificate issued in a Member State or in Turkey for goods referred to in Article 2 (1) must be produced to the competent Austrian customs authorities. The movement certificate must be printed and completed in one of the languages referred to in Article 14 or in Turkish. When Turkish is used, it must also be drawn up in one of the languages referred to in Article 14.

2. The goods shall remain under Austrian customs control to ensure the identity and completeness thereof.

3. The goods must be segregated and must not have undergone any manipulation other than that necessary to preserve them in their original state or to split the consignments without replacing the packing.

Article 4

1. When goods referred to in Article 2 (1) are forwarded, the movement certificate shall include a statement that the conditions set out in Article 3 have been complied with.

2. For this purpose, when the goods are forwarded without splitting the consignment, the competent Austrian customs office shall write the words "Direkte Weiterleitung EWG" in the "Description of goods" box on the certificate and authenticate the notation by the customs office stamp and the date.

When a consignment, split in Austria, is forwarded, the movement certificate produced to the competent Austrian customs office shall be photocopied for each part-consignment. The top of each photocopy must be noted "TEILSENDUNG" in red ink. Each photocopy must indicate clearly the goods to which it refers. These statements must be authenticated by the customs office stamp and the date.

3. The original movement certificate must be noted with the particulars relevant to the splitting of the consignment. It shall be retained by the competent Austrian customs office for at least two years and on request sent to the customs administration of the Member State making a request under the arrangements for administrative cooperation referred to in Article 6.

Article 5

The forwarded goods and the relevant movement certificate or, when the consignment is split, the relevant photocopy of the said certificate authenticated by the competent Austrian customs office, must be produced to the customs authorities of the importing State within six months from the date of issue of the original movement certificate.

Article 6

1. Where necessary the customs administrations of the Member States on the one hand and of the Republic of Austria on the other hand shall communicate to one another, spontaneously or on request, all findings, documents, reports, records of proceedings and information relating to goods presented in the importing State as having been forwarded from Austria under this Agreement or relating to irregularities and offences committed in respect of goods traded under this Agreement.

2. The customs administrations of the Member States are authorized to send documents and information obtained under the arrangements for administrative cooperation referred to in paragraph 1 to the Turkish customs administrations.

Article 7

The provisions of this Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit enacted by the Republic of Austria and justified on grounds of public policy, public security or public morality ; the protection of health and life of humans, animals or plants ; the protection of national treasures possessing artistic, historic or archaeological value ; or the protection of industrial and commercial property.

Article 8

1. The Joint Committee set up under Article 15 of the Agreement on transit shall ensure the implementation of this Agreement. For this purpose it shall make recommendations and, in the circumstances provided for in paragraph 3, shall take Decisions.

2. The Committee shall recommend in particular:

(a) amendments to this Agreement;

(b) any other measure for the purpose of its implementation.

3. The Committee shall issue as Decisions:

(a) amendments to Article 2 of this Agreement when the movement certificates annexed to this Agreement are amended;

(b) amendments to Articles 3, 4, 5 and 9 of this Agreement;

(c) amendments to this Agreement having a direct relationship with the accession to the European Communities of new Member States;

(d) amendments to the Annexes to this Agreement.

These Decisions shall be implemented by the Contracting Parties in accordance with their own rules.

Article 9

Annexes I and II form an integral part of this Agreement.

Article 10

1. The Community shall undertake suitably to adapt the methods of administrative cooperation governing the implementation of the preferential system which the Community and Turkey each apply to goods forwarded from Austria.

2. The Community shall notify the Republic of Austria as soon as the conditions necessary to implement this Agreement are present in the field of trade with Turkey.

Article 11

1. This Agreement shall enter into force on the first day of the second month following the dates on which the Contracting Parties notify each other that the necessary procedures have been completed. >

2. The provisions of this Agreement shall apply in respect of trade with Turkey as from the first day of the second month following the notification referred to in Article 10 (2).

Article 12

The Contracting Parties shall keep each other informed of the provisions which they adopt for the implementation of this Agreement.

Article 13

Either of the Contracting Parties may withdraw from this Agreement by giving six months' notice in advance.

Article 14

This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, French, German, Greek and Italian languages, each of these texts being authentic.

ANNEX I MOVEMENT CERTIFICATE

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ANNEX II

List of goods excluded from the Agreement (Article 2 (2))

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