Proposal for a Council Decision on the position to be adopted by the European Union, in the context of the EU-Switzerland Joint Committee, on the definition of the grounds for exemption from transmitting data pursuant to the first subparagraph of Article 3(3) of Annex 1 to the Agreement between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures

The Agreement between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures is intended to maintain the simplification of inspections and formalities in respect of the passage of goods at frontiers and the smooth flow of trade between the two Contracting Parties, whilst ensuring a high level of security in the supply chain.

In the case of exports to third countries, this high level of security is assured by, inter alia, the requirement for an exit summary declaration containing the security data to be submitted to the customs office of exit prior to export. When goods destined for a third country leave Swiss customs territory through the customs territory of the European Union, the security data contained in the declaration must be transmitted to the export office within the European Union. The same procedure in reverse applies for goods leaving the European Union through an office of exit in Switzerland.

The Joint Committee set up under Article 19(1) of the Agreement is responsible for the administration and proper implementation of the Agreement. The Committee may determine cases in which transmission of the security information is not necessary. This exemption may be granted only if it does not affect the level of security assured by the Agreement.

This draft decision of the EU-Switzerland Joint Committee proposes an exemption from transmitting security data for some indirect exports made by air. The condition that security levels must be maintained is considered to be met because, prior to loading, air carriers subject the whole of an aircraft's cargo to the security checks set out in Annex 17 to the Chicago Convention on International Civil Aviation.

• Primary Source

EUR-Lex: COM(2013)177: Follow the progress of this proposal through the decision-making procedure http://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2013:177:FIN

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