*****

Agreement

in the form of an exchange of letters on the amendment of the Agreement between the European Economic Community and the Swiss Confederation on the application of the rules on Community transit

Brussels, . . . . . .

Sir,

I have the honour to acknowledge receipt of your letter of today, worded as follows:

'The EEC-Switzerland Joint Committee - Community transit - has proposed, in its recommendation 1/81 of 25 June 1981, certain amendments to the Agreement between the European Economic Community and the Swiss Confederation on the application of the rules on Community transit. The proposed amendments are annexed hereto. I have the honour to inform you that the Community is in agreement with these amendments and I would propose that they enter into force on 1 July 1982. I should be grateful if you would confirm the agreement of the Government of the Swiss Confederation to these amendments and to the date proposed for their entry into force.'

I have the honour to confirm the agreement of the Government of the Swiss Confederation to the contents of your letter and to the date proposed for the entry into force of the amendments.

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

For the

Government of the Swiss Confederation

Brussels, . . . . . .

Your Excellency,

The EEC-Switzerland Joint Committee - Community transit - has proposed, in its recommendation 1/81 of 25 June 1981, certain amendments to the Agreement between the European Economic Community and the Swiss Confederation on the application of the rules on Community transit. The proposed amendments are annexed hereto. I have the honour to inform you that the Community is in agreement with these amendments and I would propose that they enter into force on 1 July 1982. I should be grateful if you would confirm the agreement of the Government of the Swiss Confederation to these amendments and to the date proposed for their entry into force.

Please accept, Your Excellency, the assurance of my highest consideration.

For the

Council of the European Communities

ANNEX

Amendments to be made to the Agreement between the European Economic Community and the Swiss Confederation on the application of the rules on Community transit

A. The second subparagraph of Article 2 (2) shall be replaced by the following:

'In these rules any reference to the Community or to the Member States shall apply equally to the Swiss Confederation. However, in the case of Articles 1 and 7 of the Regulation on Community transit (Appendix I) and in the case of the first subparagraph of Article 41 and the first subparagraph of Article 50h of the Regulation on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (Appendix II), the word "Community" relates exclusively to the European Economic Community.'

B. Article 4 (2) shall be replaced by the following:

'2. Where irregularities or infringements are suspected in connection with goods which are brought into one of the Contracting Parties from the other Contracting Party or after having been in a customs warehouse in its territory, the customs authorities of Switzerland and of the Member States shall on request communicate to one another all information concerning:

(a) the conditions under which those goods arrived or were forwarded:

- whatever the way in which they arrived, where they were forwarded under cover of a T 1, T 2 or T 2 L document from the Contracting Party to which the request was addressed, or

- whatever the way in which they were forwarded, where they arrived under cover of a T 1, T 2 or T 2 L document in the Contracting Party to which the request was addressed;

(b) the conditions of customs warehousing of those goods where they arrived in the Contracting Party to whom the request was addressed under cover of a T 2 or T 2 L document or where they were forwarded from that Contracting Party under cover of a T 2 or T 2 L document.'

C. The following subparagraphs shall be added to Article 6 (3):

'If, exceptionally, it should prove necessary to produce the goods with the intention of terminating their transport at an office other than that specified in the T 1 or T 2 document and the two offices belong to different Contracting Parties, the customs authorities at the office where the goods are produced may authorize the change in office of destination provided that the Community transit document does not bear one of the following statements:

- "Sortie de la Communauté soumise à des restrictions",

"Udfoersel fra Faellesskabet undergivet restriktioner",

"Ausgang aus der Gemeinschaft Beschraenkungen unterworfen",

"Export from the Community subject to restrictions",

"Uscita dalla Comunità assoggettata a restrizioni",

"Verlaten van de Gemeenschap aan beperkingen onderworpen",

"Éxodos apó tin Koinótita ypokeiméni se periorismoýs",

- "Sortie de la Communauté soumise à imposition",

"Udfoersel fra Faellesskabet betinget af afgiftsbetaling",

"Ausgang aus der Gemeinschaft Abgabenerhebung unterworfen",

"Export from the Community subject to duty",

Uscita dalla Comunità assoggettata a tassazione",

"Verlaten van de Gemeenschap aan belastingheffing onderworpen",

"Éxodos apó tin Koinótita ypokeiméni se epivárynsi".

The new office of destination shall enter in the "control by office of destination" box of the return copy of the T 1 or T 2 document in addition to the usual statements which it is obliged to enter one of the following statements:

"Différences: marchandises présentées au bureau . . . (nom et pays)",

"Forskelle: det toldsted, hvor varerne blev frembudt . . . (navn og land)",

"Unstimmigkeiten: Zollstelle der Gestellung . . . (Name und Land)",

"Differences: office where goods were presented . . . (name and country)",

"Differenze: ufficio al quale sono state presentate le merci . . . (nome e paese)", "Verschillen: Kantoor waar de goederen zijn aangebracht . . . (naam en land)",

"Diaforés: Emporévmata paroysiasthénta sto teloneío . . . (ónoma kai chóra)".

The office of departure shall not discharge the T 1 or T 2 document until all the obligations arising from the change in office of destination have been complied with. Where appropriate, it shall inform the guarantor of the non-discharge.'

D. Article 10 is hereby repealed.

E. Article 12 (4) is hereby repealed.

F. In the Agreement and its Appendices, the expression 'European unit of account (EUA)' shall be replaced by 'ECU'.