Decison No 5/2000 Of The Joint Committee On The Baltic Common Transit Of 7 December 2000 On Amendment Of Appendices I, II And III Of The 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 Appendix I of the Agreement contains the rules governing the application of the Baltic Common Transit procedure;

Whereas Appendix II of the Agreement contains the conditions for calculation of amount of the comprehensive guarantee and conditions for applying the comprehensive guarantees for T1B operations;

Whereas Annex VIII of Appendix II of the Agreement contains the list of goods which, when transported, give rise to an increase in the flat-rate guarantee;

Whereas the purpose of minimizing the fraud leeds to the early adoption of measures and special rules that will have to make economic operators and customs administrations considerably more alert to the risk;

Whereas the practice of the Contracting Parties has shown that the world market has had a great influence on the value of certain goods listed in Annex VIII to Appendix II of the Agreement;

Whereas Appendix III of the Agreement contains the specimens of the forms of SAD documents and explanatory notes on their use for making out T1B declarations;

Whereas it is necessary to keep the prescriptions for filling in the boxes of T1B declarations in line with the provisions of the Convention on a Common Transit Procedure,

HAS DECIDED AS FOLLOWS:

Article 1

In paragraph 5 of Article 22 of Appendix I the words "LV Atšķirības iestāde, kurā preces tiek uzrādītas, ....(nosaukums, kods un valsts)" are replaced by the text "LV: Atšķirības: saņēmēja muitas iestāde ....(nosaukums, kods un valsts)" and this paragraph is laid down as follows:

"5. If, in the case of change of office of destination, as referred to in paragraph 3, the new office of destination belongs to a Contracting Party other than that having jurisdiction over the office entered in the T1B document, then the new office of destination shall enter in the "Control by office of destination" box of the return copy of the T1B document, in addition to the usual statement which it is obliged to enter, one of the following statements (Differences: office where goods were presented ............ (name, code and country)):

EE: Erinevused: tollipunkt, kus kaubad esitati............ (nimi, kood ja riik),

LV: Atšķirības: saņēmēja muitas iestāde ...............(nosaukums, kods un valsts),

LT: Skirtumai: ķstaiga, kuriai pateiktos prekņs - ............ (pavadinimas, kodas ir valstybņ).

Article 2

Paragraph 1 of Article 18 of Appendix II is laid down as follows:

"1. Where goods have to move under the T1B procedure, the principal shall enter the symbol "T1B" in the right-hand subdivision of box 1 of the forms used."

Article 3

The following paragraph 6 is added to Article 34 A of Appendix II:

"6. At the first request of the office of departure the principal shall provide the customs authorities with the information concerning the amount of the debt related to the consignment in question which shall to be covered by the comprehensive guarantee assessed on the basis of rates of import duties and taxes applied in the country where the office of departure is located.

Article 4

Article 41 of Appendix II is replaced by the following text:

" Article 41

1. (This Article does not contain paragraph 1).

2. Except in cases referred to in paragraph 3, the principal shall deliver to the office of departure the number of flat-rate guarantee vouchers corresponding to the multiple of EUR 7000 necessary to cover the total amount of debt which may be incurred. Those vouchers shall be retained by the office of departure.

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 EUR 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 paragraph 3, deliver to the office of departure flat-rate guarantee vouchers corresponding to the required multiple of EUR 7000."

Article 5

Annex VIII of Appendix II is amended according of the Annex of this Decision.

Article 6

Replace the text in the Paragraph 1 of the Article 2 of Appendix III to the Agreement: "However on the copies used for transit (1,4,5 and 7)" by the text: "However on the copies used for transit (1,4 and 5)".

Article 7

In box 14 of copy 4 (Estonian version) of the specimen of the form of SAD document shown in Annex I to Appendix III the word "Nr." is replaced by the words "14 Deklarant / Esindaja Nr.".

Article 8

The symbol of box "H" on the back side of copy 5 (English version) of the specimen of the form of SAD document shown in Annex I to Appendix III is replaced by the symbol "I".

Article 9

The subtitle A "General Description" of Title I "General Remarks" of Annex VII to Appendix III is replaced by the following text:

"A. General description

The forms referred to in Annexes I to IV to this Appendix are to be used for the movement of goods under the T1B procedure between the Contracting Parties concerned (except under the simplified transit procedure for the carriage of goods by certain modes of transport).

In the case of the forms referred to in Annexes I and III to this Appendix, only copies 1, 4 and 5 are to be used:

- copy 1 which is to be retained by the authorities of the Contracting Party of dispatch/export (dispatch and transit formalities),

- copy 4 which is to be kept by the office of destination (transit formalities and evidence of status of the goods of a Contracting Party),

- copy 5 which is the return copy for the transit procedure.

The forms referred to in Annexes II and IV to this Appendix may also be used, particularly where declarations are processed by a computerized system. Two sets, each comprising at least copies 1/6 and 4/5, should be used in such instances, the first set would then correspond, as regards the particulars to be given therein, to copies 1 and 4 above, and the second to copy 5.

In this case, in each set, the number of the each copy being used must be shown by deleting the number, in the margin of the form, referring to the copy not be used.

Each set thus defined is designed so that the information which has to be reproduced on the various copies will be reproduced by means of a chemical treatment of the paper.

Traders may also, if they wish, use privately printed sets of kind corresponding to their choice as long as the form used conforms to the official specimen."

Article 10

The second sub-paragraph in the prescription for filling in box 2 of the Title II "Particulars to be entered in the different boxes" of Annex VII to Appendix III is replaced by the following text:

"Where consignments are grouped (small consignments loaded on one means of transport), enter one of the following entries ("various") in this box and attach the list of consignors singned by the principal to the each copy of the declaration with exception of return copy 5:

- EE: Erinevad;

- LV: Dažādi;

- LT: Õvairūs".

Article 11

The figure "0" in the prescription for filling in box 6 of the Title II "Particulars to be entered in the different boxes" Annex VII to Appendix III is replaced by the figure "1" and this prescription is laid down as follows:

"Box 6: Total packages

Enter the total number of packages (i.e. number of boxes, sacks, etc.) making up the consignment in question. Enter '1' or leave this box blank for unpacked or bulk goods.

Article 12

The prescription for filling in box 27 of Title II "Particulars to be entered in the different boxes" of Annex VII to Appendix III is replaced by the following text:

"Box 27: Place of loading

This box is optional for the Contracting Parties. Enter, if applicable in code form, where provided for, the place of loading of the onto the active means of transport on which they are to cross the border of the Contracting Party in whose territory the office of departure is located, as known at the time when the goods are placed under the Baltic Common Transit procedure."

Article 13

The prescription for filling in box 31 of Title II "Particulars to be entered in the different boxes" of Annex VII to Appendix III is replaced by the following text:

"Box 31: Packages and description of goods - Marks and numbers - Container No(s) - Number and kind

Enter the marks, numbers, number and kind of packages or, in the case of unpacked goods, enter the number of such goods covered by the declaration, or one of the following entries ("bulk"):

- EE: puisteained;

- LV: berama krava;

- LT: nesupakuotas (birus, skystas ar kt.) krovinys.

The normal trade description of the goods must be entered in all cases. This description must include all the details needed to allow identification of the goods. The description must be expressed in sufficiently precise terms to allow classification of the goods. This box must also show the particulars required under any specific rules (e.g. on excise duties). If containers are used, the identifying marks of the container should also be entered in this box."

Article 14

The second sub-paragraph of the prescription for filling in box 33 of Title II "Particulars to be entered in the different boxes" of Annex VII to Appendix III is replaced by the following text:

"Use at least four digit commodity code from chapters 98 or 99 of HS when loading lists are used."

Article 15

The prescription for filling in box 51 of Title II "Particulars to be entered in the different boxes" of Annex VII to Appendix III is replaced by the following text:

"Box 51: Intended offices of transit (and countries)

Enter the name and the code of the intended office of entry into each Contracting Party the territory of which it is intended to cross in the course of transportation. The transit offices are listed in the "list of customs offices competent for transit operations". After the name and the code of the office, enter the two letter code relating to the Contracting Party concerned contained in International Standart ISO 3166 (Codes for the representation of names of countries)".

Article 16

1. This Decision shall enter into force on the date of the last notification by which the Parties inform the Depositary of concluding the internal legal requirements necessary for the entry into force of the Decision.

2. If this Decision does not enter into force in accordance with paragraph 1 of this Article by January 1, 2001, it shall be applied provisionally from that date.

Done at Riga, on 7th December 2000.

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

Aivars Krastiņš

Chairman of the Joint Committee

Annex to Decision No5/2000

Annex VIII

List Of Goods Which, When Transported, Give Rise To An Increase In The Flate-Rate Guarantee