of May 13, 2009 No. 10-15
About Recommendations about harmonization of the legislation of state members of EurAsEC in the field of simplification of procedures of trade (regarding unification of system of customs transit on the basis of experience of the European Union)
The inter-parliamentary Assembly decides:
1. Approve provided by the Permanent commission of MPA on customs regulation and boundary policy of the Recommendation about harmonization of the legislation of state members of EurAsEC in the field of simplification of procedures of trade (are applied).
2. Submit Recommendations in parliaments of state members of EurAsEC and Integration Committee for use in work on harmonization of national legal systems and enhancement of the legal base of Community.
Inter-parliamentary Assembly M. Ubaydulloyev
Appendix to the resolution MPA of EurAsEC of May 13, 2009 No. 10-15
The purpose of this document is preparation of offers on implementation of international experience and standardization of customs legislations of state members of EurAsEC with the customs legislation of the European Union regarding regulation of transit of goods and vehicles in state members of EurAsEC, and to creation of new system of transit in Community.
Offers are developed taking into account the universally international standards and the principles, including articles V GATTs, 1947, the Kyoto convention on simplification and harmonization of customs procedures, 1999, Conventions on the procedure of general transit from 20.5.1987 (O. of J. L 226, 13.8.87) in edition of the Decision No. 1/2001 of the Joint committee of the EU-EACT from 7.6.2001, (O. of J. L 165, 21.06. 2001), Conventions between the European Economic Community and the Republic Austria, the Republic Finland, the Republic Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation on simplification of formalities in trade in goods, 1987.
1. International standards in the field of regulation of customs regime of transit of goods
The basis of regulation of the legal relationship connected with transit of goods and vehicles is constituted by provisions of article V of the General Agreement on Tariffs and Trade, 1947.
Council on trade in goods of the World Trade Organization of October 8, 2002 offers explanation how provisions V of article GATT are regulated by the international customs legislation developed by World Customs Organization (G/C/W/426). In the specified document it is determined that mechanisms and the principles of methods of regulation of World Customs Organization are compatible and supplement articles GATTs. Articles GATTs state general rules about trade simplification while mechanisms of World Customs Organization, including the Kyoto convention on harmonization and simplification of customs procedures reviewed in 1999, contain practice guidance for accomplishment of rules GATTs.
The principles and procedures of customs regulation of transit of goods and vehicles are in detail described in appendix E (Chapter E 1) the Conventions Kyoto and provide the safe and standard procedure of transit. Other international legal documents: The convention on the procedure of general transit from 20.5.1987 (O. of J. L 226, 13.8.87) in edition of the Decision No. 1/2001 of the Joint committee of the EU-EACT from 7.6.2001, (O. of J. L 165, 21.06. 2001), the Convention between the European Economic Community and the Republic Austria, the Republic Finland, the Republic Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation on simplification of formalities in trade in goods, 1987, - provide in modern conditions application of procedures of transit of goods and vehicles in foreign trade between EU countries and EAST.
The customs convention about international delivery of loads using the book of MDP, 1975, the UN developed under the auspices of the Economic Commission for Europe, is applied by the European Union and the countries of EAST only in case of transit of goods and vehicles to the third countries.
2. Regulation of customs regime of transit of goods in state members of EurAsEC
According to article 35 of the Agreement on the Customs union and the Common economic space movement of goods according to customs regime of transit shall be performed according to the Agreement on uniform conditions of transit through the territories of gosudarstvuchastnik of the Customs union of January 22, 1998.
According to the agreement of the Party charged to the central customs authorities within three months after signing to prepare and accept the following documents:
Regulations on procedure for customs clearance of the goods transported under customs control through the territories of the State Parties of the Customs union;
Regulations on customs carriers of the Customs union;
Regulations on customs escort in the territory of the State Parties of the Customs union.
These documents are accepted by the Parties, however their provisions do not provide simplification of the procedure of transit of goods now and require review.
Comparative analysis of national regulations on customs regime of transit shows that there are considerable discrepancies of the regulations of customs regime of transit of goods existing in state members of EurAsEC with the standard regulations on customs regime of transit approved by the Protocol on customs clearance of the goods transported under customs control between customs authorities of the State Parties of the Customs union of December 8, 1998. Forms of transit declarations differ.
It is necessary to state that the international documents regulating legal relationship in the field of transit in state members of EurAsEC, actually are not applied.
Problems of practical implementation of the Agreement on uniform conditions of transit through the territories of state members of the Customs union of January 22, 1998 and the documents accepted in its development consist in the following. Availability in texts of these documents of large number of the residuary blanket rules reflecting objective reality of interaction of the states of the Customs union for adoption of documents allows state members of EurAsEC to apply the national legal systems to procedures and transactions of transit so far, in most cases. Thereby, the Agreement actually directly does not influence the public relations in the field of transit and does not carry out in full at the present stage the regulating and unifying function.
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