COUNCIL DECISION

of 15 March 1993

concerning the conclusion of the Convention on Temporary Admission and accepting its annexes

(93/329/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty instituting the European Economic Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas the Convention on Temporary Admission negotiated under the auspices of the Customs Cooperation Council and agreed at Istanbul on 26 June 1990 concerns trade in goods with non-member countries and is therefore an effective means of fostering international trade;

Whereas the Community's authorized representative signed the Convention, subject to acceptance, on 28 June 1990; whereas, pursuant to Article 24 (1) (b) of the Convention, the Community must deposit an instrument of ratification in order to become a Contracting Party to the Convention;

Whereas, pursuant to Article 24 (4) of the Convention, each Contracting Party acceding to the Convention must accept the Annex concerning temporary admission papers (ATA carnets and CPD carnets) and at least one other Annex; whereas the Community should accept all the Annexes; whereas, however, such acceptance must be subject to reservations designed to take account of requirements specific to the customs union and the present level of harmonization in the field of temporary admission;

Whereas, pursuant to Article 24 (6) of the Convention, the Community is required to communicate to the depositary the conditions of application of, and the information required under, certain provisions; whereas, pursuant to Article 24 (7), the Community, as a customs or economic union, is required inter alia to inform the depositary of the matters within its competence, indicating those areas which remain within the national competence;

Whereas, in order to make it easier to apply Annexes A and C to the Convention, it is desirable also to accept the Customs Cooperation Council's recommendations concerning the ATA carnets and CDP carnets;

Whereas the Convention should be concluded and the Annexes accepted subject to the abovementioned reservations;

Whereas participation by the Member States means that the Convention must enter into force simultaneously for the Community and its Member States,

HAS DECIDED AS FOLLOWS:

Article 1

The Convention on Temporary Admission and the Annexes thereto, together with the reservations, are hereby accepted on behalf of the European Economic Community.

The text of the Convention, the Annexes thereto and the reservations attached to those Annexes appear in Annexes I and II respectively to this Decision.

The notifications required appear in Annex III to this Decision.

The recommendations of the Customs Cooperation Council are hereby accepted on behalf of the Community on the conditions set out in Annex IV to this Decision.

Article 2

The President of the Council is hereby authorized to designate the person empowered to deposit the instrument of ratification of the Convention referred to in Article 1 and to accept the Annexes and associated reservations also referred to in Article 1, and to confer on him the powers necessary to bind the Community. Such deposit and acceptance shall take place at the same time as the depositing of instruments of ratification by the Member States.

The person empowered shall also communicate to the Secretary-General of the Customs Cooperation Council the conditions of application or the information required pursuant to Article 24 (6) of the Convention and the acceptance of the Customs Cooperation Council's recommendations.

Done at Brussels, 15 March 1993.

For the Council

The President

M. JELVED