Avis juridique important

Corrigendum to Council Decision 93/329/EEC of 15 March 1993 concerning the conclusion of the Convention on Temporary Admission and accepting its annexes (Istanbul Convention) (OJ No L 130 of 27. 5.1993) Official Journal L 289 , 24/11/1993 P. 0040 - 0042

Corrigendum to Council Decision 93/329/EEC of 15 March 1993 concerning the conclusion of the Convention on Temporary Admission and accepting its annexes (Istanbul Convention) (Official Journal of the European Communities No L 130 of 27 May 1993) 1. On page 2 the final subparagraph of Article 1 should be replaced by the following text: 'The recommendations of the Customs Cooperation Council concerning ATA carnets and CPD carnets are hereby accepted on behalf of the Community on the conditions set out in Annex IV to this Decision. The text of the recommendations is given in Annexes V and VI respectively to this Decision.` 2. Annexes V and VI, the text of which appears hereinafter, should be added. 'ANNEX V RECOMMENDATION OF THE CUSTOMS COOPERATION COUNCIL OF 25 JUNE 1992 CONCERNING THE ACCEPTANCE OF ATA CARNETS IN CONNECTION WITH TEMPORARY ADMISSION THE CUSTOMS COOPERATION COUNCIL, RECALLING the Convention on Temporary Admission (Istanbul Convention) adopted at its 75th and 76th sessions in Istanbul on 26 June 1990, RECALLING that Appendix I to Annex A to that Convention lays down a model for temporary admission papers (ATA carnets) to be used for temporary admission of goods, excluding means of transport, and that this model as well as the conditions for its use are virtually the same as those for the ATA carnet used for temporary admission under the terms of the Customs Convention on the ATA carnet for the temporary admission of goods, 1961 (ATA Convention), NOTING that Annex A to the Istanbul Convention is intended in due course to replace the ATA Convention but that the ATA carnet system established by that Convention will continue to be applied under the Istanbul Convention, CONVINCED that measures should be taken to ensure the continuous unhampered functioning of the ATA carnet system, CONSCIOUS of the fact that the model for the ATA carnet as annexed to the ATA Convention has been revised only recently and that the associations issuing ATA carnets have printed large stocks of ATA carnets, as revised, RECOGNIZING the financial losses involved if the associations issuing ATA carnets were required to replace their newly printed stocks of ATA carnets by new carnets modelled on the one laid down in Appendix I to Annex A to the Istanbul Convention, NOTING that the carnet issuing and guaranteeing associations operating under Annex A to the Istanbul Convention will be the same as those operating under the ATA Convention, APPRECIATING the willingness of issuing and guaranteeing associations operating under the ATA Convention to apply the ATA carnet system also under the Istanbul Convention, and their commitment to guarantee ATA carnets provided for in both Conventions, RECOMMENDS that Contracting Parties to the ATA Convention or to the Istanbul Convention which accept an ATA carnet for temporary admission of goods into their territory, should accept both the carnet model laid down in Appendix I to Annex A to the Istanbul Convention, REQUESTS the Secretary-General of the Customs Cooperation Council to notify the Contracting Parties to the ATA Convention or the Istanbul Convention of the undertaking by the issuing and guaranteeing associations to guarantee, vis-à-vis the customs administrations, the carnets provided for in both Conventions. The Secretary-General is also requested to append this recommendation to such a notification. REQUESTS each Contracting Party to the ATA Convention or the Istanbul Convention to notify the Secretary-General of the Customs Cooperation Council whether it accepts or does not accept this recommendation. Such notification shall be made within one year following the date on which the Secretary-General notifies Contracting Parties of the undertaking by the issuing and guaranteeing associations to guarantee the carnets provided for in the two Conventions. In the case of acceptance, the Contracting Party shall also notify the Secretary-General of the date from which it will apply the recommendation and of the conditions of its application. Failure to notify the Secretary-General of the Customs Cooperation Council within one year shall mean that the Contracting Party is unable to accept the recommendation. However, a Contracting Party may accept this recommendation at a later date. The Secretary-General shall transmit this information to the customs administrations of Council Members. He shall also transmit it to the customs administrations of the Members of the United Nations or of its specialized agencies, to Customs or Economic Unions which qualify as Contracting Parties and to the International Bureau of Chambers of Commerce. ANNEX VI RECOMMENDATION OF THE CUSTOMS COOPERATION COUNCIL OF 25 JUNE 1992 CONCERNING THE ACCEPTANCE OF CPD CARNETS IN CONNECTION WITH TEMPORARY ADMISSION THE CUSTOMS COOPERATION COUNCIL, RECALLING the Convention on Temporary Admission (Istanbul Convention) adopted at its 75th and 76th sessions in Istanbul on 26 June 1990, RECALLING that Appendix II to Annex A to that Convention lays down a model for temporary admission papers (CDP carnets) to be used for temporary admission of means of transport under Annex C to the Convention, and that this model as well as the conditions for its use are virtually the same as those for the temporary Importation papers ("carnets de passages en douane") laid down in the Customs Convention on the Temporary Importation of Private Road Vehicles, 1954, and the Customs Convention on the Temporary importation of Commercial Road Vehicles, 1956 (hereinafter called the Vehicles Conventions), NOTING that the carnet issuing and guaranteeing associations operating under Annex C to the Istanbul Convention will be the same as those operating under the Vehicles Conventions, CONSCIOUS of the importance of ensuring a smooth transfer from the Vehicles Conventions to Annex C to the Istanbul Convention and of avoiding undue hardship to the issuing and guaranteeing associations, APPRECIATING the willingness of the issuing and guaranteeing associations operating under the Vehicles Conventions to render the relevant issuing and guaranteeing chains operational also under Annexes A and C to the Istanbul Convention in so far as road motor vehicles and trailers are concerned, and their commitment to guarantee CPD carnets provided for in the three Conventions, RECOMMENDS that those Contracting Parties to the Istanbul Convention which accept Annex C thereto and which accept a CPD carnet for temporary admission of means of transport under that Annex, should accept both the carnet model laid down in Appendix II to Annex A to the Istanbul Convention and the temporary importation papers (carnets de passages en douane) laid down in the Vehicles Conventions, REQUESTS the Secretary-General of the Customs Cooperation Council to notify the Contracting Parties to the Istanbul Convention of the undertaking by the issuing and guaranteeing associations to guarantee, vis-à-vis the customs administrations, the carnets provided for in the three Conventions. The Secretary-General is also requested to append this recommendation to such a notification. REQUESTS each Contracting Party to the Istanbul Convention to notify the Secretary-General of the Customs Cooperation Council whether it accepts or does not accept this recommendation. Such notification shall be made within one year following the date on which the Secretary-General notifies Contracting Parties of the undertaking by the issuing and guaranteeing associations to guarantee the carnets provided for in the three Conventions. In the case of acceptance, the Contracting Party shall also notify the Secretary-General of the date from which it will apply the recommendation and of the conditions of its application. Failure to notify the Secretary-General of the Customs Cooperation Council within one year shall mean that the Contracting Party is unable to accept the recommendation. However, a Contracting Party may accept this recommendation at a later date. The Secretary-General shall transmit this information to the customs administrations of Council Members. He shall also transmit it to the customs administrations of the Members of the United Nations or of its specialized agencies, to the Executive-Secretary of the Economic Commission for Europe, to Customs or Economic Unions which qualify as Contracting Parties, and to the Alliance Internationale de Tourisme and the Fédération Internationale de l'Automobile.`

Corrigendum to Council Decision 93/329/EEC of 15 March 1993 concerning the conclusion of the Convention on Temporary Admission and accepting its annexes (Istanbul Convention) (Official Journal of the European Communities No L 130 of 27 May 1993)

1. On page 2 the final subparagraph of Article 1 should be replaced by the following text:

'The recommendations of the Customs Cooperation Council concerning ATA carnets and CPD carnets are hereby accepted on behalf of the Community on the conditions set out in Annex IV to this Decision. The text of the recommendations is given in Annexes V and VI respectively to this Decision.` 2. Annexes V and VI, the text of which appears hereinafter, should be added.

'ANNEX V

RECOMMENDATION OF THE CUSTOMS COOPERATION COUNCIL OF 25 JUNE 1992 CONCERNING THE ACCEPTANCE OF ATA CARNETS IN CONNECTION WITH TEMPORARY ADMISSION

THE CUSTOMS COOPERATION COUNCIL,

RECALLING the Convention on Temporary Admission (Istanbul Convention) adopted at its 75th and 76th sessions in Istanbul on 26 June 1990,

RECALLING that Appendix I to Annex A to that Convention lays down a model for temporary admission papers (ATA carnets) to be used for temporary admission of goods, excluding means of transport, and that this model as well as the conditions for its use are virtually the same as those for the ATA carnet used for temporary admission under the terms of the Customs Convention on the ATA carnet for the temporary admission of goods, 1961 (ATA Convention),

NOTING that Annex A to the Istanbul Convention is intended in due course to replace the ATA Convention but that the ATA carnet system established by that Convention will continue to be applied under the Istanbul Convention,

CONVINCED that measures should be taken to ensure the continuous unhampered functioning of the ATA carnet system,

CONSCIOUS of the fact that the model for the ATA carnet as annexed to the ATA Convention has been revised only recently and that the associations issuing ATA carnets have printed large stocks of ATA carnets, as revised,

RECOGNIZING the financial losses involved if the associations issuing ATA carnets were required to replace their newly printed stocks of ATA carnets by new carnets modelled on the one laid down in Appendix I to Annex A to the Istanbul Convention,

NOTING that the carnet issuing and guaranteeing associations operating under Annex A to the Istanbul Convention will be the same as those operating under the ATA Convention,

APPRECIATING the willingness of issuing and guaranteeing associations operating under the ATA Convention to apply the ATA carnet system also under the Istanbul Convention, and their commitment to guarantee ATA carnets provided for in both Conventions,

RECOMMENDS that Contracting Parties to the ATA Convention or to the Istanbul Convention which accept an ATA carnet for temporary admission of goods into their territory, should accept both the carnet model laid down in Appendix I to Annex A to the Istanbul Convention,

REQUESTS the Secretary-General of the Customs Cooperation Council to notify the Contracting Parties to the ATA Convention or the Istanbul Convention of the undertaking by the issuing and guaranteeing associations to guarantee, vis-à-vis the customs administrations, the carnets provided for in both Conventions. The Secretary-General is also requested to append this recommendation to such a notification.

REQUESTS each Contracting Party to the ATA Convention or the Istanbul Convention to notify the Secretary-General of the Customs Cooperation Council whether it accepts or does not accept this recommendation. Such notification shall be made within one year following the date on which the Secretary-General notifies Contracting Parties of the undertaking by the issuing and guaranteeing associations to guarantee the carnets provided for in the two Conventions.

In the case of acceptance, the Contracting Party shall also notify the Secretary-General of the date from which it will apply the recommendation and of the conditions of its application.

Failure to notify the Secretary-General of the Customs Cooperation Council within one year shall mean that the Contracting Party is unable to accept the recommendation. However, a Contracting Party may accept this recommendation at a later date.

The Secretary-General shall transmit this information to the customs administrations of Council Members. He shall also transmit it to the customs administrations of the Members of the United Nations or of its specialized agencies, to Customs or Economic Unions which qualify as Contracting Parties and to the International Bureau of Chambers of Commerce.

ANNEX VI

RECOMMENDATION OF THE CUSTOMS COOPERATION COUNCIL OF 25 JUNE 1992 CONCERNING THE ACCEPTANCE OF CPD CARNETS IN CONNECTION WITH TEMPORARY ADMISSION

THE CUSTOMS COOPERATION COUNCIL,

RECALLING the Convention on Temporary Admission (Istanbul Convention) adopted at its 75th and 76th sessions in Istanbul on 26 June 1990,

RECALLING that Appendix II to Annex A to that Convention lays down a model for temporary admission papers (CDP carnets) to be used for temporary admission of means of transport under Annex C to the Convention, and that this model as well as the conditions for its use are virtually the same as those for the temporary Importation papers ("carnets de passages en douane") laid down in the Customs Convention on the Temporary Importation of Private Road Vehicles, 1954, and the Customs Convention on the Temporary importation of Commercial Road Vehicles, 1956 (hereinafter called the Vehicles Conventions),

NOTING that the carnet issuing and guaranteeing associations operating under Annex C to the Istanbul Convention will be the same as those operating under the Vehicles Conventions,

CONSCIOUS of the importance of ensuring a smooth transfer from the Vehicles Conventions to Annex C to the Istanbul Convention and of avoiding undue hardship to the issuing and guaranteeing associations,

APPRECIATING the willingness of the issuing and guaranteeing associations operating under the Vehicles Conventions to render the relevant issuing and guaranteeing chains operational also under Annexes A and C to the Istanbul Convention in so far as road motor vehicles and trailers are concerned, and their commitment to guarantee CPD carnets provided for in the three Conventions,

RECOMMENDS that those Contracting Parties to the Istanbul Convention which accept Annex C thereto and which accept a CPD carnet for temporary admission of means of transport under that Annex, should accept both the carnet model laid down in Appendix II to Annex A to the Istanbul Convention and the temporary importation papers (carnets de passages en douane) laid down in the Vehicles Conventions,

REQUESTS the Secretary-General of the Customs Cooperation Council to notify the Contracting Parties to the Istanbul Convention of the undertaking by the issuing and guaranteeing associations to guarantee, vis-à-vis the customs administrations, the carnets provided for in the three Conventions. The Secretary-General is also requested to append this recommendation to such a notification.

REQUESTS each Contracting Party to the Istanbul Convention to notify the Secretary-General of the Customs Cooperation Council whether it accepts or does not accept this recommendation. Such notification shall be made within one year following the date on which the Secretary-General notifies Contracting Parties of the undertaking by the issuing and guaranteeing associations to guarantee the carnets provided for in the three Conventions.

In the case of acceptance, the Contracting Party shall also notify the Secretary-General of the date from which it will apply the recommendation and of the conditions of its application.

Failure to notify the Secretary-General of the Customs Cooperation Council within one year shall mean that the Contracting Party is unable to accept the recommendation. However, a Contracting Party may accept this recommendation at a later date.

The Secretary-General shall transmit this information to the customs administrations of Council Members. He shall also transmit it to the customs administrations of the Members of the United Nations or of its specialized agencies, to the Executive-Secretary of the Economic Commission for Europe, to Customs or Economic Unions which qualify as Contracting Parties, and to the Alliance Internationale de Tourisme and the Fédération Internationale de l'Automobile.`