EU-EFTA公共交通联合委员会决定No 4/2012,修订关于1987年5月20日的公共运输程序公约
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:22012D0663
OJ编号:OJ L 297, 26.10.2012, p. 34-40
中文标题:EU-EFTA公共交通联合委员会决定No 4/2012,修订关于1987年5月20日的公共运输程序公约
原文标题:2012/663/EU: Decision No 4/2012 of the EU-EFTA Joint Committee on Common Transit of 26 June 2012 amending the Convention of 20 May 1987 on a common transit procedure
分类:11.40.10.40_其它欧洲国家;11.40.10.10_欧洲自由贸易区(EFTA)国家
文件类型:外部关系 Decision|决定
废止日期:2058-12-31
法规全文:查看欧盟官方文件
HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" L 297/34
EN
Official Journal of the European Union
26.10.2012
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 4/2012 OF THE EU-EFTA JOINT COMMITTEE ON COMMON TRANSIT
of 26 June 2012
amending the Convention of 20 May 1987 on a common transit procedure
(2012/663/EU)
THE JOINT COMMITTEE,
HAS ADOPTED THIS DECISION:
Having regard to the Convention of 20 May 1987 on a
common transit procedure (
Article 1
1 ), and in particular Article 15(3)(a)
thereof,
Appendix III to the Convention on a common transit procedure
is amended as set out in the Annex to this Decision.
Whereas:
(1)
Turkey expressed its wish to accede to the Convention of
Article 2
20 May 1987 on a common transit procedure (the
1. This
Decision
shall
apply
from
the
date
Turkey
accedes
to
Convention) and has been invited following a decision
the Convention.
by the Joint Committee on 19 January 2012 set up by
virtue of the Convention.
2. The forms based on the specimen forms in Annexes C1,
(2) Accordingly,
the
Turkish
language
versions
of
the C2, C3, C4, C5, C6 to Appendix III may continue to be used,
references used in the Convention should be inserted in
subject to the necessary geographical adaptations and the adap
the Convention in the appropriate order.
tations concerning the address for service or the authorised
agent, until the end of the twelfth month following the date
(3) The
application
of
this
Decision
is
linked
to
the
date
of of application of this Decision, at the latest.
accession of Turkey to the Convention.
(4) In
order
to
allow
the
use
of
guarantee
forms
printed
in
accordance with the criteria in force prior to the date of
Done at Brussels, 26 June 2012.
accession of Turkey to the Convention, a transitional
period should be established during which the printed
forms, with some adaptations, could continue to be used.
For the Joint Committee
(5) Therefore,
the Convention should be amended
The President
accordingly,
Mirosaw ZIELISKI
( 1 ) OJ L 226, 13.8.1987, p. 2.
EN
26.10.2012 Official
Journal
of
the
European
Union L
297/35
ANNEX
1. In
Annex
B1,
under
Box
51
the
following
indent
is
added
after
Switzerland:
‘— Turkey TR’,
2. In
Annex
B6,
Title
III
is
amended
as
follows:
2.1. in the first part of the table ‘Limited validity – 99200’ the following indent is added after NO:
‘— TR Snrl Geerli’
2.2. in the second part of the table ‘Waiver – 99201’ the following indent is added after NO:
‘— TR Vazgeme’
2.3. in the third part of the table ‘Alternative proof – 99202’ the following indent is added after NO:
‘— TR Alternatif Kant’
2.4. in the fourth part of the table ‘Differences: office where goods were presented … (name and country) – 99203’ the
following indent is added after NO:
‘— TR Deiiklikler: Eyann sunulduu idare … (ad ve ülkesi)’
2.5. in the fifth part of the table ‘Exit from … subject to restrictions or charges under Regulation/Directive/Decision No
… – 99204’ the following indent is added after NO:
‘— TR Eyann … ’dan k … No.lu Tüzük/Direktif/Karar kapsamnda kstlamalara veya mali yükümlülüklere
tabidir’
2.6. in the sixth part of the table ‘Prescribed itinerary waived – 99205’ the following indent is added after NO:
‘— TR Zorunlu Güzergahtan Vazgeme’
2.7. in the seventh part of the table ‘Authorised consignor – 99206’, the following indent is added after NO:
‘— TR zinli Gnderici’
2.8. in the eighth part of the table ‘Signature waived – 99207’, the following indent is added after NO:
‘— TR mzadan Vazgeme’
2.9. in the ninth part of the table ‘Comprehensive guarantee prohibited – 99208’ the following indent is added after
NO:
‘— TR Kapsaml teminat yasaklanmtr’
2.10. in the 10th part of the table ‘Unrestricted use – 99209’, the following indent is added after NO:
‘— TR Kstlanmam kullanm’
2.11. in the 11th part of the table ‘Issued retroactively – 99210’, the following indent is added after NO:
‘— TR Sonradan Düzenlenmitir’
2.12. in the 12th part of the table ‘Various – 99211’, the following indent is added after NO:
‘— TR eitli’
2.13. in the 13th part of the table ‘Bulk – 99212’, the following indent is added after NO:
‘— TR Dkme’
2.14. in the 14th part of the table ‘Consignor – 99213’ the following indent is added after NO:
‘— TR Gnderici’
L 297/36
EN
Official Journal of the European Union
26.10.2012
3. Annex
C1
is
replaced
by
the
following
text:
‘ANNEX C1
COMMON/COMMUNITY TRANSIT PROCEDURE
GUARANTEE DOCUMENT
INDIVIDUAL GUARANTEE
I. Undertaking by the guarantor
1. The
undersigned
( 1 ) ............................................................ resident at ( 2 ) ............................................................ hereby
jointly and severally guarantees, at the office of guarantee of ................................................................................. up to
a maximum amount of ............................................................ in favour of the European Union (comprising the
Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal
Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French
Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand
Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria,
the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the
Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland), and the
Republic of Croatia, the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation, the Republic of
Turkey, the Principality of Andorra and the Republic of San Marino ( 3 ), any amount of principal, further liabilities,
expenses and incidentals — but not fines — for which the principal ( 4 ), .................................................... may be or
become liable to the abovementioned countries for debt in the form of duty and other charges applicable to
the goods described below placed under the Community or common transit procedure from the office of departure
of ......................................................................... to the office of destination of .........................................................................
...................................................................................................................................................................................................................
Goods description:
...................................................................................................................................................................................................................
2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the
countries 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 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 operation has ended.
At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer
beyond a period of 30 days from the date of application for payment the period within which he or she is obliged
to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any
interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances
on the money market or financial market in the country concerned.
3. This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned
shall remain liable for payment of any debt arising during the Community or common transit operation covered by
this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the
demand for payment is made after that date.
4. For
the
purpose
of
this
undertaking
the
undersigned
gives
his
or
her
address
for
service
( 5 ) in each of the
other countries referred to in paragraph 1 as:
Country
Surname and forenames, or name of firm, and full address
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to
this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as
duly delivered to him or her.
The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for
service.
EN
26.10.2012 Official
Journal
of
the
European
Union L
297/37
The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or
more of those addresses, to inform the office of guarantee in advance.
Done at ............................................................................................., on .............................................................................................
........................................................................................................................
(Signature) ( 6 )
II. Acceptance by the office of guarantee
Office of guarantee ..............................................................................................................................................................................
Guarantor’s undertaking accepted on ............................................................ to cover the Community/common transit
operation effected under transit declaration No ....................................................... of ....................................................... ( 7 )
........................................................................................................................
(Stamp and signature)
___________
( 1 ) Surname and forenames, or name of firm.
( 2 ) Full address.
( 3 ) Delete the name of the Contracting Party or Parties or States (Andorra or San Marino) whose territory is not
transited. The references to the Principality of Andorra and the Republic of San Marino shall apply solely to
Community transit operations.
( 4 ) Surname and forename, or name of firm and full address of the principal.
( 5 ) If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in this
country, an agent authorised to receive any communications addressed to him and the acknowledgement in the
second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to
correspond. The courts of the places in which the addresses for service of the guarantor or of his agents are
situated shall have jurisdiction in disputes concerning this guarantee.
( 6 ) The person signing the document must enter the following by hand before his or her signature: “Guarantee for
the amount of ............................................................”, the amount being written out in letters.
( 7 ) To be completed by the office of departure.’
4. Annex
C2
is
replaced
by
the
following
text:
‘ANNEX C2
COMMON/COMMUNITY TRANSIT PROCEDURE
GUARANTEE DOCUMENT
INDIVIDUAL GUARANTEE IN THE FORM OF VOUCHERS
I. Undertaking by the guarantor
1. The
undersigned
( 1 ) ............................................................ resident at ( 2 ) ............................................................ hereby
jointly and severally guarantees, at the office of guarantee of ............................................................ in favour of the
European Union (comprising the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the
Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic,
the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the
Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the
Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of
Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great
Britain and Northern Ireland), and the Republic of Croatia, the Republic of Iceland, the Kingdom of Norway, the
Swiss Confederation, the Republic of Turkey, the Principality of Andorra and the Republic of San Marino ( 3 ), any
amount of principal, further liabilities, expenses and incidentals — but not fines — for which a principal may be or
become liable to the abovementioned States for debt in the form of duty and other charges applicable to the goods
placed under the Community or common transit procedure, in respect of which the undersigned has undertaken to
issue individual guarantee vouchers up to a maximum of EUR 7 000 per voucher.
2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the
countries referred to in paragraph 1 and without being able to defer payment beyond a period of 30 days from the
L 297/38
EN
Official Journal of the European Union
26.10.2012
date of application the sums requested, up to EUR 7 000 per individual 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 operation has ended.
At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer
beyond a period of 30 days from the date of application for payment the period within which he or she is obliged
to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any
interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances
on the money market or financial market in the country concerned.
3. This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned
shall remain liable for payment of any debt arising during any Community or common transit operations covered
by this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the
demand for payment is made after that date.
4. For
the
purpose
of
this
undertaking
the
undersigned
gives
his
or
her
address
for
service
( 4 ) in each of the
other countries referred to in paragraph 1 as:
Country
Surname and forenames, or name of firm, and full address
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to
this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as
duly delivered to him or her.
The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for
service.
The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or
more of those addresses, to inform the office of guarantee in advance.
Done at ............................................................................................., on .............................................................................................
........................................................................................................................
(Signature) ( 5 )
II. Acceptance by the office of guarantee
Office of guarantee
...................................................................................................................................................................................................................
Guarantor’s undertaking accepted on
...................................................................................................................................................................................................................
........................................................................................................................
(Stamp and signature)
___________
( 1 ) Surname and forenames, or name of firm.
( 2 ) Full address.
( 3 ) Only for Community transit operations.
( 4 ) If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in this
country, an agent authorised to receive any communications addressed to him and the acknowledgement in the
second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to
correspond. The courts of the places in which the addresses for service of the guarantor or of his agents are
situated shall have jurisdiction in disputes concerning this guarantee.
( 5 ) The signature must be preceded by the following in the signatory’s own handwriting: “Guarantee”.’
EN
26.10.2012 Official
Journal
of
the
European
Union L
297/39
5. Annex
C4
is
replaced
by
the
following
text:
‘ANNEX C 4
COMMON/COMMUNITY TRANSIT PROCEDURE
GUARANTEE DOCUMENT
COMPREHENSIVE GUARANTEE
I. Undertaking by the guarantor
1. The
undersigned
( 1 ) ............................................................ resident at ( 2 ) ............................................................ hereby
jointly and severally guarantees, at the office of guarantee of ............................................................................. up to a
maximum amount of ............................................................ being 100/50/30 % ( 3 ) of the reference amount, in
favour of the European Union (comprising the Kingdom of Belgium, the Republic of Bulgaria, the Czech
Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the
Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the
Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the
Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania,
the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United
Kingdom of Great Britain and Northern Ireland), and the Republic of Croatia, the Republic of Iceland, the
Kingdom of Norway, the Swiss Confederation, the Republic of Turkey, the Principality of Andorra and the
Republic of San Marino ( 4 ), any amount of principal, further liabilities, expenses and incidentals — but not fines
— for which the principal ( 5 ), ............................................ , may be or become liable to the abovementioned countries
for debt in the form of duty and other charges applicable to the goods placed under the Community or common
transit procedure.
2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the
countries 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 the limit of the abovementioned maximum amount, 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 operation has ended.
At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer
beyond a period of 30 days from the date of application for payment the period within which he or she is obliged
to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any
interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances
on the money market or financial market in the country concerned.
This amount may not be reduced by any sums already paid under the terms of this undertaking unless the
undersigned is called upon to pay a debt arising during a Community or common transit operation
commenced before the preceding demand for payment was received or within 30 days thereafter.
3. This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned
shall remain liable for payment of any debt arising during any Community or common transit operations covered
by this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the
demand for payment is made after that date.
4. For
the
purpose
of
this
undertaking
the
undersigned
gives
his
or
her
address
for
service
( 6 ) in each of the
other countries referred to in paragraph 1 as:
Country
Surname and forenames, or name of firm, and full address
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to
this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as
duly delivered to him or her.
L 297/40
EN
Official Journal of the European Union
26.10.2012
The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for
service.
The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or
more of those addresses, to inform the office of guarantee in advance.
Done at ............................................................................................., on .............................................................................................
........................................................................................................................
(Signature) ( 7 )
II. Acceptance by the office of guarantee
Office of guarantee
...................................................................................................................................................................................................................
Guarantor’s undertaking accepted on
...................................................................................................................................................................................................................
........................................................................................................................
(Stamp and signature)
___________
( 1 ) Surname and forenames, or name of firm.
( 2 ) Full address.
( 3 ) Delete what does not apply.
( 4 ) Delete the name of the Contracting Party or Parties or States (Andorra or San Marino) whose territory is not
transited. The references to the Principality of Andorra and the Republic of San Marino shall apply solely to
Community transit operations.
( 5 ) Surname and forename, or name of firm and full address of the principal.
( 6 ) If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in this
country, an agent authorised to receive any communications addressed to him and the acknowledgement in the
second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to
correspond. The courts of the places in which the addresses for service of the guarantor or of his agents are
situated shall have jurisdiction in disputes concerning this guarantee.
( 7 ) The signature must be preceded by the following in the signatory’s own handwriting: “Guarantee for the
amount of …” with the amount written out in full.’
6.
In Box 7 of Annex C5, the word ‘Turkey’ is inserted between the words ‘Switzerland’ and ‘Andorra’.
7.
In Box 6 of Annex C6, the word ‘Turkey’ is inserted between the words ‘Switzerland’ and ‘Andorra’.
EN
Official Journal of the European Union
26.10.2012
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 4/2012 OF THE EU-EFTA JOINT COMMITTEE ON COMMON TRANSIT
of 26 June 2012
amending the Convention of 20 May 1987 on a common transit procedure
(2012/663/EU)
THE JOINT COMMITTEE,
HAS ADOPTED THIS DECISION:
Having regard to the Convention of 20 May 1987 on a
common transit procedure (
Article 1
1 ), and in particular Article 15(3)(a)
thereof,
Appendix III to the Convention on a common transit procedure
is amended as set out in the Annex to this Decision.
Whereas:
(1)
Turkey expressed its wish to accede to the Convention of
Article 2
20 May 1987 on a common transit procedure (the
1. This
Decision
shall
apply
from
the
date
Turkey
accedes
to
Convention) and has been invited following a decision
the Convention.
by the Joint Committee on 19 January 2012 set up by
virtue of the Convention.
2. The forms based on the specimen forms in Annexes C1,
(2) Accordingly,
the
Turkish
language
versions
of
the C2, C3, C4, C5, C6 to Appendix III may continue to be used,
references used in the Convention should be inserted in
subject to the necessary geographical adaptations and the adap
the Convention in the appropriate order.
tations concerning the address for service or the authorised
agent, until the end of the twelfth month following the date
(3) The
application
of
this
Decision
is
linked
to
the
date
of of application of this Decision, at the latest.
accession of Turkey to the Convention.
(4) In
order
to
allow
the
use
of
guarantee
forms
printed
in
accordance with the criteria in force prior to the date of
Done at Brussels, 26 June 2012.
accession of Turkey to the Convention, a transitional
period should be established during which the printed
forms, with some adaptations, could continue to be used.
For the Joint Committee
(5) Therefore,
the Convention should be amended
The President
accordingly,
Mirosaw ZIELISKI
( 1 ) OJ L 226, 13.8.1987, p. 2.
EN
26.10.2012 Official
Journal
of
the
European
Union L
297/35
ANNEX
1. In
Annex
B1,
under
Box
51
the
following
indent
is
added
after
Switzerland:
‘— Turkey TR’,
2. In
Annex
B6,
Title
III
is
amended
as
follows:
2.1. in the first part of the table ‘Limited validity – 99200’ the following indent is added after NO:
‘— TR Snrl Geerli’
2.2. in the second part of the table ‘Waiver – 99201’ the following indent is added after NO:
‘— TR Vazgeme’
2.3. in the third part of the table ‘Alternative proof – 99202’ the following indent is added after NO:
‘— TR Alternatif Kant’
2.4. in the fourth part of the table ‘Differences: office where goods were presented … (name and country) – 99203’ the
following indent is added after NO:
‘— TR Deiiklikler: Eyann sunulduu idare … (ad ve ülkesi)’
2.5. in the fifth part of the table ‘Exit from … subject to restrictions or charges under Regulation/Directive/Decision No
… – 99204’ the following indent is added after NO:
‘— TR Eyann … ’dan k … No.lu Tüzük/Direktif/Karar kapsamnda kstlamalara veya mali yükümlülüklere
tabidir’
2.6. in the sixth part of the table ‘Prescribed itinerary waived – 99205’ the following indent is added after NO:
‘— TR Zorunlu Güzergahtan Vazgeme’
2.7. in the seventh part of the table ‘Authorised consignor – 99206’, the following indent is added after NO:
‘— TR zinli Gnderici’
2.8. in the eighth part of the table ‘Signature waived – 99207’, the following indent is added after NO:
‘— TR mzadan Vazgeme’
2.9. in the ninth part of the table ‘Comprehensive guarantee prohibited – 99208’ the following indent is added after
NO:
‘— TR Kapsaml teminat yasaklanmtr’
2.10. in the 10th part of the table ‘Unrestricted use – 99209’, the following indent is added after NO:
‘— TR Kstlanmam kullanm’
2.11. in the 11th part of the table ‘Issued retroactively – 99210’, the following indent is added after NO:
‘— TR Sonradan Düzenlenmitir’
2.12. in the 12th part of the table ‘Various – 99211’, the following indent is added after NO:
‘— TR eitli’
2.13. in the 13th part of the table ‘Bulk – 99212’, the following indent is added after NO:
‘— TR Dkme’
2.14. in the 14th part of the table ‘Consignor – 99213’ the following indent is added after NO:
‘— TR Gnderici’
L 297/36
EN
Official Journal of the European Union
26.10.2012
3. Annex
C1
is
replaced
by
the
following
text:
‘ANNEX C1
COMMON/COMMUNITY TRANSIT PROCEDURE
GUARANTEE DOCUMENT
INDIVIDUAL GUARANTEE
I. Undertaking by the guarantor
1. The
undersigned
( 1 ) ............................................................ resident at ( 2 ) ............................................................ hereby
jointly and severally guarantees, at the office of guarantee of ................................................................................. up to
a maximum amount of ............................................................ in favour of the European Union (comprising the
Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal
Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French
Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand
Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria,
the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the
Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland), and the
Republic of Croatia, the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation, the Republic of
Turkey, the Principality of Andorra and the Republic of San Marino ( 3 ), any amount of principal, further liabilities,
expenses and incidentals — but not fines — for which the principal ( 4 ), .................................................... may be or
become liable to the abovementioned countries for debt in the form of duty and other charges applicable to
the goods described below placed under the Community or common transit procedure from the office of departure
of ......................................................................... to the office of destination of .........................................................................
...................................................................................................................................................................................................................
Goods description:
...................................................................................................................................................................................................................
2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the
countries 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 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 operation has ended.
At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer
beyond a period of 30 days from the date of application for payment the period within which he or she is obliged
to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any
interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances
on the money market or financial market in the country concerned.
3. This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned
shall remain liable for payment of any debt arising during the Community or common transit operation covered by
this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the
demand for payment is made after that date.
4. For
the
purpose
of
this
undertaking
the
undersigned
gives
his
or
her
address
for
service
( 5 ) in each of the
other countries referred to in paragraph 1 as:
Country
Surname and forenames, or name of firm, and full address
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to
this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as
duly delivered to him or her.
The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for
service.
EN
26.10.2012 Official
Journal
of
the
European
Union L
297/37
The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or
more of those addresses, to inform the office of guarantee in advance.
Done at ............................................................................................., on .............................................................................................
........................................................................................................................
(Signature) ( 6 )
II. Acceptance by the office of guarantee
Office of guarantee ..............................................................................................................................................................................
Guarantor’s undertaking accepted on ............................................................ to cover the Community/common transit
operation effected under transit declaration No ....................................................... of ....................................................... ( 7 )
........................................................................................................................
(Stamp and signature)
___________
( 1 ) Surname and forenames, or name of firm.
( 2 ) Full address.
( 3 ) Delete the name of the Contracting Party or Parties or States (Andorra or San Marino) whose territory is not
transited. The references to the Principality of Andorra and the Republic of San Marino shall apply solely to
Community transit operations.
( 4 ) Surname and forename, or name of firm and full address of the principal.
( 5 ) If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in this
country, an agent authorised to receive any communications addressed to him and the acknowledgement in the
second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to
correspond. The courts of the places in which the addresses for service of the guarantor or of his agents are
situated shall have jurisdiction in disputes concerning this guarantee.
( 6 ) The person signing the document must enter the following by hand before his or her signature: “Guarantee for
the amount of ............................................................”, the amount being written out in letters.
( 7 ) To be completed by the office of departure.’
4. Annex
C2
is
replaced
by
the
following
text:
‘ANNEX C2
COMMON/COMMUNITY TRANSIT PROCEDURE
GUARANTEE DOCUMENT
INDIVIDUAL GUARANTEE IN THE FORM OF VOUCHERS
I. Undertaking by the guarantor
1. The
undersigned
( 1 ) ............................................................ resident at ( 2 ) ............................................................ hereby
jointly and severally guarantees, at the office of guarantee of ............................................................ in favour of the
European Union (comprising the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the
Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic,
the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the
Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the
Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of
Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great
Britain and Northern Ireland), and the Republic of Croatia, the Republic of Iceland, the Kingdom of Norway, the
Swiss Confederation, the Republic of Turkey, the Principality of Andorra and the Republic of San Marino ( 3 ), any
amount of principal, further liabilities, expenses and incidentals — but not fines — for which a principal may be or
become liable to the abovementioned States for debt in the form of duty and other charges applicable to the goods
placed under the Community or common transit procedure, in respect of which the undersigned has undertaken to
issue individual guarantee vouchers up to a maximum of EUR 7 000 per voucher.
2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the
countries referred to in paragraph 1 and without being able to defer payment beyond a period of 30 days from the
L 297/38
EN
Official Journal of the European Union
26.10.2012
date of application the sums requested, up to EUR 7 000 per individual 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 operation has ended.
At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer
beyond a period of 30 days from the date of application for payment the period within which he or she is obliged
to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any
interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances
on the money market or financial market in the country concerned.
3. This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned
shall remain liable for payment of any debt arising during any Community or common transit operations covered
by this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the
demand for payment is made after that date.
4. For
the
purpose
of
this
undertaking
the
undersigned
gives
his
or
her
address
for
service
( 4 ) in each of the
other countries referred to in paragraph 1 as:
Country
Surname and forenames, or name of firm, and full address
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to
this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as
duly delivered to him or her.
The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for
service.
The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or
more of those addresses, to inform the office of guarantee in advance.
Done at ............................................................................................., on .............................................................................................
........................................................................................................................
(Signature) ( 5 )
II. Acceptance by the office of guarantee
Office of guarantee
...................................................................................................................................................................................................................
Guarantor’s undertaking accepted on
...................................................................................................................................................................................................................
........................................................................................................................
(Stamp and signature)
___________
( 1 ) Surname and forenames, or name of firm.
( 2 ) Full address.
( 3 ) Only for Community transit operations.
( 4 ) If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in this
country, an agent authorised to receive any communications addressed to him and the acknowledgement in the
second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to
correspond. The courts of the places in which the addresses for service of the guarantor or of his agents are
situated shall have jurisdiction in disputes concerning this guarantee.
( 5 ) The signature must be preceded by the following in the signatory’s own handwriting: “Guarantee”.’
EN
26.10.2012 Official
Journal
of
the
European
Union L
297/39
5. Annex
C4
is
replaced
by
the
following
text:
‘ANNEX C 4
COMMON/COMMUNITY TRANSIT PROCEDURE
GUARANTEE DOCUMENT
COMPREHENSIVE GUARANTEE
I. Undertaking by the guarantor
1. The
undersigned
( 1 ) ............................................................ resident at ( 2 ) ............................................................ hereby
jointly and severally guarantees, at the office of guarantee of ............................................................................. up to a
maximum amount of ............................................................ being 100/50/30 % ( 3 ) of the reference amount, in
favour of the European Union (comprising the Kingdom of Belgium, the Republic of Bulgaria, the Czech
Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the
Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the
Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the
Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania,
the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United
Kingdom of Great Britain and Northern Ireland), and the Republic of Croatia, the Republic of Iceland, the
Kingdom of Norway, the Swiss Confederation, the Republic of Turkey, the Principality of Andorra and the
Republic of San Marino ( 4 ), any amount of principal, further liabilities, expenses and incidentals — but not fines
— for which the principal ( 5 ), ............................................ , may be or become liable to the abovementioned countries
for debt in the form of duty and other charges applicable to the goods placed under the Community or common
transit procedure.
2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the
countries 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 the limit of the abovementioned maximum amount, 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 operation has ended.
At the request of the undersigned and for any reasons recognised as valid, the competent authorities may defer
beyond a period of 30 days from the date of application for payment the period within which he or she is obliged
to pay the requested sums. The expenses incurred as a result of granting this additional period, in particular any
interest, must be so calculated that the amount is equivalent to what would be charged under similar circumstances
on the money market or financial market in the country concerned.
This amount may not be reduced by any sums already paid under the terms of this undertaking unless the
undersigned is called upon to pay a debt arising during a Community or common transit operation
commenced before the preceding demand for payment was received or within 30 days thereafter.
3. This undertaking shall be valid from the day of its acceptance by the office of guarantee. The undersigned
shall remain liable for payment of any debt arising during any Community or common transit operations covered
by this undertaking and commenced before any revocation or cancellation of the guarantee took effect, even if the
demand for payment is made after that date.
4. For
the
purpose
of
this
undertaking
the
undersigned
gives
his
or
her
address
for
service
( 6 ) in each of the
other countries referred to in paragraph 1 as:
Country
Surname and forenames, or name of firm, and full address
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
........................................................................................................ .......................................................................................................
The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to
this undertaking addressed to or effected in writing at one of his or her addresses for service shall be accepted as
duly delivered to him or her.
L 297/40
EN
Official Journal of the European Union
26.10.2012
The undersigned acknowledges the jurisdiction of the courts of the places where he or she has an address for
service.
The undersigned undertakes not to change his or her addresses for service or, if he or she has to change one or
more of those addresses, to inform the office of guarantee in advance.
Done at ............................................................................................., on .............................................................................................
........................................................................................................................
(Signature) ( 7 )
II. Acceptance by the office of guarantee
Office of guarantee
...................................................................................................................................................................................................................
Guarantor’s undertaking accepted on
...................................................................................................................................................................................................................
........................................................................................................................
(Stamp and signature)
___________
( 1 ) Surname and forenames, or name of firm.
( 2 ) Full address.
( 3 ) Delete what does not apply.
( 4 ) Delete the name of the Contracting Party or Parties or States (Andorra or San Marino) whose territory is not
transited. The references to the Principality of Andorra and the Republic of San Marino shall apply solely to
Community transit operations.
( 5 ) Surname and forename, or name of firm and full address of the principal.
( 6 ) If, in the law of the country, there is no provision for address for service the guarantor shall appoint, in this
country, an agent authorised to receive any communications addressed to him and the acknowledgement in the
second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to
correspond. The courts of the places in which the addresses for service of the guarantor or of his agents are
situated shall have jurisdiction in disputes concerning this guarantee.
( 7 ) The signature must be preceded by the following in the signatory’s own handwriting: “Guarantee for the
amount of …” with the amount written out in full.’
6.
In Box 7 of Annex C5, the word ‘Turkey’ is inserted between the words ‘Switzerland’ and ‘Andorra’.
7.
In Box 6 of Annex C6, the word ‘Turkey’ is inserted between the words ‘Switzerland’ and ‘Andorra’.
Document Outline
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