Decision No 3/2000 Of The Joint Committee On The Baltic Common Transit Of 27 September 2000 For the Amendment Of The Appendices II And IV Of Agreement Of 10 July 1998 On The Baltic Common Transit Procedure

THE JOINT COMMITTEE,

Having regard to the Agreement of 10 July 1998 on the Baltic Common Transit Procedure and in particular Article 15 (3) (a) thereof;

Whereas Appendices II and IV of the Agreement contain provisions regarding ECU;

Whereas after introduction of euro the amounts expressed in ECU shall be replaced with amounts expressed m the common currency of European Monetary Union (euro);

HAS DECIDED AS FOLLOWS

Article 1

In paragraphs 1 and 2 of Article 34 A of Appendix II the word "ECU" is replaced by the word "EUR" and those paragraphs are laid down as follows:

"1. The amount of the comprehensive guarantee is fixed at 100 % of the duties and other charges payable, with a minimum of EUR 7 000, under the provisions of paragraph 4, except in the cases referred to in paragraph 2.

2. The customs authority may fix the amount of the comprehensive guarantee at 30 % at least of the duties and other charges payable, with a minimum of EUR 7 000, under the provisions of paragraph 4, as long as:

— the operator has during the period of 2 years regularly carried out Baltic Common Transit operations under the comprehensive guarantee system,

— he has not committed breaches of his obligations during that period,

— the goods are not listed m Annex VIII of Appendix II

Article 2

In Article 40 of Appendix n the word "ECU" is replaced by the word "EUR" and this Article is laid down as follows:

" Article 40

Without prejudice to the provisions in Article 41 (2) and (3), the flat-rate amount which the guarantor may be permitted to guarantee by means of a declaration; in accordance with Article.28 (1) of Appendix I shall be equal to EUR 7 000"

Article 3

In Article 41 of Appendix n the word "ECU" is replaced by the word "EUR" and this Article is laid down as follows:

" Article 41

1. Except in the cases referred to in paragraphs 2 and 3, the office of departure shall not require a guarantee in excess of the flat-rate amount of EUR 7000 for each T1B transit declaration, irrespective of the amount of duties and other charges to which the goods covered by a particular declaration may be liable.

2. Where, owing to circumstances peculiar to it, a transport operation involves increased risks and the guarantee of EUR 7000 is therefore insufficient, the office of departure shall ask for a guarantee of a greater amount in multiples of EUR 7000 in order to guarantee the duties and other charges relating to the total quantity of goods to be dispatched.

In particular a transport operation is considered to present an increased risk of fraud when it includes goods to which with respect to the use of the comprehensive guarantee the provisions of Article 34 B apply.

3. Additionally, the carriage of goods listed in Annex VIII shall give rise to an increase in the amount of the flat-rate guarantee where the quantity of goods carried exceeds the quantity corresponding to the flat-rate amount of BUR 7000.

In that case, the flat-rate amount shall be increased to the multiple of EUR 7000 necessary to guarantee the quantity of goods to be dispatched.

4. The principal shall, in the cases referred to in paragraphs 2 and 3, deliver to the office of departure flat-rate guarantee vouchers corresponding to the required multiple of EUR 7000".

Article 4

In paragraph 3 of Article 43 of Appendix II the word "ECU is replaced by the word "EUR" and this paragraph is laid down as follows:

"3. The guarantor shall be liable up to an amount of EUR. 7000 in respect of each flat-rate guarantee voucher".

Article 5

In Title V and Article 51 of Appendix II the word "ECU" is replaced by the word "EUR" and this Title and Article are laid down as follows:

" Title V

Special provision concerning

the excange value of the EUR

Article 51

1. The equivalent in national currencies of the amounts expressed in EUR referred to in this Appendix shall be calculated by using the exchange rate established by the National Bank of a Contracting Party on the first working day of the month of October, and shall be applied from 1 January of the following year.

If a rate is not available for a particular national currency, the rate to be applied shall be that of the first day for which a rate has been established after the first working day of the month of October. If a rate has not been established after the first working day of October, the rate to be applied shall be that of the last day prior to that date for which a rate has been established.

2. The exchange value of the EUR to be used in applying the first subparagraph shall be that which was applicable on the date on which the T1B declaration covered by the flat-rate guarantee voucher or vouchers was registered in accordance with Article 41".

Article 6

In paragraphs 1 and 2 under title "I. Undertaking by the Guarantor" of Annex VI of Appendix II the word "ECU" is replaced by the word "EUR" and those paragraphs are laid down as follows:

1.The undersigned1

................................................................................

................................................................................

resident at2

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hereby jointly and severally guarantees, at the office of guarantee of ..................... in favour of the Republic of Estonia, the Republic of Latvia, and the Republic of Lithuania, any amount for which a principal may become liable to the above mentioned States by reason of infringements or irregularities committed in the course of a transit operation under the Agreement on Common Baltic Transit procedure carried out by that person, including duties, taxes and other charges — with the exception of pecuniary penalties — as regards principal or further liabilities, expenses and incidentals charges with regard to which the undersigned has agreed to be responsible by the issue of guarantee vouchers up to a maximum of EUR 7000 per guarantee voucher.

2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the States referred to in paragraph 1 and without being able to defer payment beyond a period of 30 days from the date of application the sums requested up to EUR 7000 per guarantee voucher, unless he or she or any other person concerned establishes before the expiry of that period, to the satisfaction of the competent authorities, that the transit operation under the Agreement on Common Baltic Transit procedure was conducted without any infringement or irregularity within the meaning of paragraph 1.

The competent authorities may, upon request of the undersigned and for any reasons recognized to be valid defer the period within which the undersigned should pay the requested sums beyond a period of 30 days from the date of application for payment. The expenses incurred, from granting this additional period, and in particular any interest, must be calculated in such a way that the amount is equivalent to that which would be charged to that end on the money market or financial market in the State concerned".

Article 7

In Annex IX of Appendix III the word "ECU" is replaced by the word "EUR" and this Annex is laid down as follows:

Article 8

In sub-paragraph 2 (c) of Article 7 of Appendix IV the word "ECU" is replaced by word "EUR" and this sub-paragraph is laid down as follows:

"(c) the claim exceeds 1.500 EUR. The equivalent in national currencies of the amount expressed in EUR shall be calculated in accordance with the provisions of Article 51 of Appendix II".

Article 9

This Decision shall enter into force on the 1 January 2001.

Done at Riga, on 27 September 2000

Aivars Krastiņš

Chairman of the Joint Committee