0.631.242.05 original text agreement between the Swiss Confederation and the community relating to facilitating European controls and formalities for the carriage of goods as well as the customs of concluded security measures on June 25, 2009 approved by the Federal Assembly on 18 June 2010, implemented by Exchange of notes on January 1, 2011 (Status January 1, 2011) the Swiss Confederation on the one hand , and the European Community on the other hand, hereinafter referred to as 'Switzerland' and 'Community' respectively and, together, "the Contracting Parties", saw the agreement between the European Economic Community and the Swiss Confederation relating to the facilitation of controls and formalities for the carriage of goods of 21 November 1990, hereinafter referred to as the agreement of 1990;
Whereas it is appropriate to extend the scope of the agreement of 1990 on customs security measures by adding a new chapter to this topic;
Whereas, for reasons of clarity and legal security, the content of the agreement of 1990 is included in this agreement which replaces the agreement of 1990;
whereas the concluded free trade agreement on 22 July 1972 between the European Economic Community and the Swiss Confederation;
whereas the joint declaration adopted on April 9, 1984, by the Ministers of the countries of the European Association of free trade (EFTA) and the Member States of the community and by the Commission of the European communities in Luxembourg, as well as the declaration of the Ministers of the countries of EFTA and of the Ministers of the Member States of the community in Brussels, February 2, 1988 aimed at creating a European economic space dynamic, profitable to their country;
whereas the Contracting Parties have ratified the International Convention on the harmonization of controls of goods at the borders;
considering the need to maintain the existing level of facilitation of controls and formalities at the passage of goods at the borders between the Switzerland and the community and thus to ensure the fluidity of trade between the two parties;
considering that such facilitation is called to develop gradually;
whereas the veterinary and phytosanitary controls are governed by the agreement of 21 June 1999 between the European Community and the Swiss Confederation on trade in agricultural products;
Recognizing that the conditions for the exercise controls and formalities may be largely harmonized without impairing their purpose, their performance and their effectiveness;
considering that no provision of this agreement may be interpreted as exempting the Contracting Parties obligations under other international agreements;
whereas the Contracting Parties undertake to ensure an equivalent level of security on their respective territories through measures based on legislation in force in the community;
Whereas it is desirable that the Switzerland be consulted on the development of the Community rules on customs security measures, participates in the work of the Committee of the Customs Code, established by art. 247 of Regulation (EEC) n. 2913/92 of the Council, of 12 October 1992, establishing the Community customs code, and be informed about the implementation of these rules;
whereas the Contracting Parties are determined to improve security in the trade in goods entering or leaving their territory without impeding the flow of these exchanges;
whereas there should be set up in the interest of the Contracting Parties, equivalent customs security measures during the transportation of the goods coming from or destined for third countries;
considering that these customs security measures concern the declaration of safety data relating to the goods prior to their entry and exit, the security risk management and customs controls are related as well as the allocation of a mutually recognized security authorized economic operator status.
considering that the Switzerland has a level of adequate personal data protection;
Whereas, regarding the customs security measures, whereas measures of rebalancing appropriate, including the suspension of the provisions concerned, for cases where the equivalence of customs security measures would be more assured, have decided to conclude this agreement: chapter I provisions general art. 1 definitions for the purposes of this agreement, means: a) "controls": any operation by which the customs or any other service of control proceeds to physical or Visual inspection, or on the means of transport or goods themselves to ensure that their nature, their origin, their State, their quantity or value are consistent with the data of documents; b) ' formalities '. (: any formality to which the administration submits the operator and which consists in the presentation and examination of documents, certificates accompanying the goods or any other data, regardless of the mode or the media, regarding the goods or means of transport; c) 'risk': the likelihood that, in connection with the entry, exit, transit, transfer and end-use of goods moved between the customs territory of one of the Contracting Parties and third countries and the goods not being in free circulation in the territory of one of the Contracting Parties, an event that is a threat to the security and safety of the community, its Member States or of the Switzerland, for public health, for the environment or for consumers; d) 'risk management': the systematic identification of risk and implementation of all measures necessary for limiting exposure to risk. This term covers activities such as collecting data and information, analysis and risk assessment, prescription and enforcement measures as well as control and regular evaluation of the process and its results, on the basis of sources and strategies defined by the community, its Member States or the Switzerland, or at the international level.
Art. 2 scope of application 1. Without prejudice to the specific provisions in force under agreements concluded between the community and the Switzerland, this agreement applies to the controls and procedures related to the transport of goods called to cross a border between the Switzerland and the community, as well as customs security measures to be applied to the transport of goods coming from or destined for third countries.
2. the present agreement does not apply to controls or formalities for ships and aircraft as a means of transport; However it applies to vehicles and goods sent by such means of transport.
Art. 3 territories covered 1. This agreement applies, on the one hand, to the Community customs territory and, on the other hand, the Swiss customs territory and its customs enclaves.
2 this agreement extends its effects to the Principality of Liechtenstein as long as it is related to the Switzerland by a customs union treaty.
Chapter II Procedures art. 4 controls by polls and formalities, other than customs controls of security referred to in the chapter III 1. Without prejudice to the specific provisions of this agreement, the Contracting Parties take the necessary measures to ensure that:-the different controls and formalities provided for in art. 2 by. 1 take place with the minimum of delay and, wherever possible, in one place; - the controls are carried out by survey, except in duly justified circumstances.
2. for the purposes of the by. 1 second indent, the basis of the survey must be incorporated by all shipments using a border post, presented to a Customs office or another service of control over a given period, and not all of the goods that make up each shipment.
3. the Contracting Parties facilitate, at the places of departure and destination of the goods, the use of the simplified procedures and the use of Informatics and telematics in the export, transit and import of the goods.
4. the Contracting Parties strive to spread the implementation of Customs offices, including within their territories, to take into account how best to the needs of commercial operators.
Art. 5 delegation of competences the Contracting Parties make, by delegation express the competent authorities and on behalf of an other services represented and preferably customs can carry out inspections which these authorities are responsible and, to the extent where these relate to the requirement of documents required, the examination of the validity and authenticity of these documents and the control of identity of goods declared in these documents. In this case, the authorities concerned shall provide the means necessary for these controls.
Art. 6 recognition of checks and documents
For the purposes of the application of this agreement and without prejudice to the possibility of inspections by survey, the Contracting Parties, in the case of import or transit of goods entry, recognize the checks and documents issued by the competent authorities of the other Contracting Party, attesting that the goods meet the requirements in the legislation of the importing country or equivalent conditions in the country of export.
Art. 7 hours of border posts 1. When the volume of traffic justifies it, the Contracting Parties shall ensure that: has) border posts are open, except when traffic is prohibited, so that:-the border crossing is provided 24 hours a day, with the controls and corresponding formalities for goods placed under a Customs transit procedure and their means of transport as well as vehicles traveling empty, except in the case where a border control to prevent the spread of diseases or to protect animals is necessary, - the controls and formalities relating to the movement of means of transport and goods that are not moving under a Customs transit procedure can be carried out from Monday to Friday for at least 10 hours without interruption , and on Saturday for a duration of at least six hours without interruption, except if these days are holidays.
(b) in the case of vehicles and goods carried by aircraft, the periods referred to in point a) second indent are adapted to meet the actual needs and, for this purpose, are possibly split or extended.
2. in case several border posts are located nearby in the same border area, the Contracting Parties can agree, for some of them, make exceptions to the by. 1, provided that the other positions within this area can actually clear the goods and vehicles in accordance with the provisions of that paragraph.
3. for border posts and offices of customs and referred to the by. 1, and under the conditions laid down by the Contracting Parties, the competent authorities provide, in exceptional cases, the possibility of accomplishing the controls and formalities outside the opening hours on request specific and justified, presented during the opening hours, and with, as appropriate, compensation for services rendered.
Art. 8 channels of fast pass the Contracting Parties are trying to achieve at the border, anywhere where this is technically possible and where the volume of traffic justifies, the ways of quick passage for goods placed under a Customs transit, to their means of transport, to circulating vehicles idling, as well as any goods subject to controls and formalities which exceed those required for goods placed under a transit procedure.
Chapter III security Customs art. 9 General provisions on safety 1. The Contracting Parties undertake to implement and apply to the transport of goods coming from or destined for third countries customs security measures set out in the present chapter and so ensure a security level equivalent to their external borders.
2. the Contracting Parties decide not to apply customs security measures set out in this chapter when transporting goods between their customs territories.
3. the Contracting Parties consult each other prior to the conclusion of any agreement with a third country in the areas covered by this chapter, to ensure consistency with this agreement, in particular if the proposed agreement contains provisions derogating from the customs security set to the present measures chapter.
Art. 10 preliminary declarations at the entrance and exit of goods 1. Goods brought into the customs territory of the Contracting Parties from a third country are a declaration of entry for the purpose of security (hereinafter "entry summary declaration"), with the exception of the goods on board means of transport that make that pass, without interruption, through the territorial waters or the airspace of the customs territory.
2. goods leaving the customs territory Contracting Parties to third countries are the object of a declaration of release for the purpose of security (hereinafter ' exit summary declaration'), with the exception of goods transported by means of transport that make that pass, without interruption, through the territorial waters or the airspace of the customs territory.
3. the entry or exit summary declaration is filed before the introduction of the goods into the customs territory of the Contracting Parties or their exit.
4. the presentation of the entry and exit declarations referred to the by. 1 and 2 is optional until December 31, 2010 as long as transitional measures derogating from the obligation to submit such declarations are applicable in the community.
When, in the words of the al. 1, he is not filed entry or exit summary declaration, the risk analysis safety such as referred to in art. 12 must be conducted by the Customs authorities at the latest when presenting goods on arrival or at the exit on the basis of customs declarations covering these goods or any other information at their disposal.
5. each Contracting Party defines those who are required to file the summary statement of entry or exit as well as the competent authorities to receive this statement.
6. Annex I to this agreement fixed: - the form and the content of the entry and exit summary declaration; - exceptions to the filing of the entry or exit summary declaration; - the place of filing of the entry or exit summary declaration; - the period in which the entry or exit summary declaration is lodged, and - any other provisions necessary for the application of this article.
7. a customs declaration can be used as entry or exit summary declaration provided that it meets the conditions laid down for this summary.
Art. 11 authorized economic operator 1. A contracting party grants, subject to the criteria laid down in annex II to this agreement, the status of "authorised economic operator" to any economic operator established security within its customs territory.
However, it can be waived, under certain conditions and for specific categories of authorized economic operators from the requirement to be established in the customs territory of the Contracting Party where the granting of the status approached, taking into account, in particular, agreements with third countries. In addition, each Contracting Party determines if and under what conditions a carrier not established in its territory but is with a regional office may be granted this status.
The authorised economic operator has facilities with regard to customs controls relating to security.
Subject to the rules and conditions set out in the by. 2, the status of authorised economic operator granted by one Contracting Party is recognized by the other Contracting Party, without prejudice to customs controls, in particular for the implementation of agreements with third countries providing for mutual recognition of the status of authorized economic operator.
2. Annex II to the present agreement fixed: - the rules relating to the granting of the status of authorised economic operator, in particular the criteria for granting this status and the conditions of implementation of such criteria; - the type of facilities that may be granted - the rules relating to the suspension and revocation of the status of authorized economic operator; - arrangements for sharing among Contracting Parties of information to their authorised economic operators; - any other provisions necessary for the application of the This article.
Art. 12 customs security controls and 1 security risk management. Customs security controls other than the checks must be based on a risk analysis using computer processes.
2. each Contracting Party sets out a framework of security risk, priority criteria of risk as well as the areas of customs control management to this end.
3. the Contracting Parties recognize the equivalence of their security risk management systems.
4. the Contracting Parties cooperate in sight:-exchanging information to improve and enhance their risk analysis and effectiveness of customs security controls, and - set appropriate deadlines a common framework of risk management, common as well as areas of priority control common risk criteria and set up an electronic system for the implementation of this common risk management.
5. the Joint Committee shall adopt any provisions necessary for the application of this article.
Art. 13 follow-up of the implementation of the customs measures 1. The Joint Committee defines the modalities according to which the Contracting Parties intend to follow-up on the implementation of this chapter and ensure respect for its provisions and those of the annexes to this agreement.
2. the monitoring referred to the by. 1 may be provided by - a periodic evaluation of the implementation of this chapter, in particular of the equivalence of customs security measures; - a review to improve the application or modify the provisions in order to better meet its objectives; - the Organization of thematic meetings between experts of the two Contracting Parties and audits of administrative procedures, including through visits on-site.
3. the Joint Committee ensures that the measures taken pursuant to this article comply with the rights of the economic operators concerned.
Art. 14 protection of professional secrecy and personal data information shared by the Contracting Parties in the context of the measures introduced in this chapter have the protection of professional secrecy and personal data protection such as defined by the laws applicable in the territory of the Contracting Party receiving.
In particular, this information cannot be transferred to persons other than the competent bodies in the Contracting Party concerned or be used by bodies of the purposes other than those provided for by this agreement.
Chapter IV Cooperation art. 15 collaboration between administrations 1. In order to facilitate the crossing of borders, the Contracting Parties take the necessary measures to develop cooperation at the national, regional and local between the authorities responsible for organizing controls and between services carrying out controls and formalities of hand and across these borders.
2. the Contracting Parties, each in which concerned, make sure people attending an Exchange referred to in this agreement can quickly inform the competent authorities of the problems possibly encountered at a border crossing.
3. the cooperation referred to the by. 1 includes: a) the development of border posts, so as to cover the requirements of traffic; b) the transformation of border controls offices in offices juxtaposed, in cases where this proves possible; c) harmonization of the skills of border posts as well as offices located on both sides of the border; d) the search for appropriate solutions to the problems eventually provided.
4. the Contracting Parties shall cooperate in order to harmonize the hours of operation of services carrying out controls and formalities of hand and across the border.
Art. 16 notification of new controls and formalities other than customs security measures referred to in chapter III, when a Contracting Party intends to apply a new control or a new formality in one field other than the one governed by chapter III, it shall inform the other Contracting Party.
The contracting party ensures that the measures taken to facilitate the cross-border are not rendered inoperative by the application of these new controls or these new procedures.
Art. 17 1 traffic flow. The Contracting Parties take the necessary measures to ensure that waiting times caused by the different controls and formalities do not exceed the time required for their execution. For this purpose, they organize the hours of operation of services called to perform the controls and formalities, available as well as the practical personnel of processing of the goods and the documents related to execution of the controls and formalities, so as to reduce to the extent possible wait times in the course of the traffic.
2. the competent authorities of the countries on the territory of the serious disturbances concerning the transport of goods likely to compromise the objectives of facilitation and acceleration of the border crossing occurred shall inform without delay the competent authorities of the other countries concerned by these disturbances.
3. the competent authorities of each country concerned, without delay, take appropriate measures to ensure to the extent possible the fluidity of the traffic. The measures shall be notified to the Joint Committee, which meets, if any, of emergency at the request of a Contracting Party to discuss these measures.
Art. 18 administrative assistance 1. In order to ensure the proper functioning of trade between the Contracting Parties and to facilitate the detection of any irregularity or infringement, the Customs authorities of the countries concerned shall provide each other, on request or, if they feel that this is in the interest of the other Contracting Party, on their own initiative, any information in their possession (including administrative reports and findings) useful for the execution of this agreement.
2. assistance may be suspended or denied, in whole or in part, when the requested country considers that this assistance would be prejudicial to its security, public order or other essential interests, or a violation of an industrial, commercial or professional secret.
3. any decision to suspend or refuse assistance as well as the motivation of this decision should be notified without delay to the requesting country.
4. If the customs authority of a country requests assistance itself would not be able to give if requested, it shall this element in the request. The follow-up to such a request is left to the discretion of the customs authority to which the request was sent.
5. any information obtained pursuant to the by. 1 must be used exclusively for the purposes of this agreement and of the recipient country, the same protection as that enjoyed by the information of the same nature under the national law of that country. The information obtained can be used for other purposes only with the written consent of the customs authority which has communicated it and subject to any restrictions established by that authority.
Chapter V bodies art. 19 Joint Committee 1. It is established a Joint Committee on which the Contracting Parties are represented.
2. the Joint Committee shall act by mutual agreement.
3. the Joint Committee shall meet as needed, and at least once a year. Each Contracting Party may request the convening of a meeting.
4. the Joint Committee establishes its rules of procedure, which contains, among other provisions, procedures for convening meetings, designation of its president and definition of the mandate of the latter.
5. the Joint Committee may decide to establish any Subcommittee or working group to assist it in the performance of his duties.
Art. 20 focus groups 1. The competent authorities of the countries concerned may set up any focus group dealing with practical, technical issues or organization at the regional or local level.
2. the focus groups referred to the by. 1 meet, if necessary, at the request of the competent authorities of a country. The Joint Committee is regularly informed of their work by the Contracting Parties to which they belong.
Art. 21 jurisdiction of the Joint Committee 1. The Joint Committee is responsible for the management and the proper application of this agreement. For this purpose, it makes recommendations and stop decisions.
2. the Joint Committee may modify the chap. III and annexes by decision.
3. in addition to the cases expressly provided for in this agreement, it shall adopt by decision technical and administrative enforcement measures to relieve the controls and formalities.
4. the decisions are carried out by the Contracting Parties according to their own rules.
5. for the purposes of the execution of the agreement, the Joint Committee is informed on a regular basis by the Contracting Parties of the experience gained in the application of this agreement and, at the request of one of them, the latter shall consult within the Joint Committee.
Art. 22 development of law 1. As soon as the community develops new legislation in an area governed by chapter III, she requested informally Swiss expert, in the same way it seeks advice from experts of the Member States.
2. when the European Commission sends its proposal to the Member States or the Council of the European Union, she address copy to the Switzerland.
At the request of one of the Contracting Parties, a preliminary exchange of views will be held within the Joint Committee.
3. the Contracting Parties shall consult, at the request of one of them, the Joint Committee during the phase preceding the adoption of the Community act in a continuous information and consultation process.
4. the amendments to chapter III, needed to take account of the development of the Community legislation with regard to the matters covered by this chapter, are decided as soon as possible so as to allow their application at the same time to those introduced in Community legislation, in accordance with the procedures of the Contracting Parties.
If the decision cannot be adopted so as to allow a simultaneous application, planned changes in the draft decision submitted to the approval of the Contracting Parties are applied on a temporary basis where possible, in accordance with the internal procedures of the Contracting Parties.
5 the Contracting Parties shall cooperate during the information and consultation phase in order to facilitate the decision-making process within the Joint Committee at the end of the process.
Art. 23 participation to the Community Customs Code Committee ensures participation Swiss experts, as an observer and for the points which concern them, in the meetings of the Committee of the Customs Code, which assists the European Commission in the exercise of its implementing powers in the matters covered by chapter III.
Art. 24 settlement of disputes without prejudice to the provisions of art. 29, any dispute between the Contracting Parties about the interpretation or application of this agreement is subject to the Joint Committee seeking the amicable settlement.
Art. 25 agreements with third countries the Contracting Parties agree that agreements concluded by one of them with a third country in an area covered by the chapter III shall not create obligations for the other Contracting Party, unless otherwise decided by the Joint Committee.
Chapter VI miscellaneous and final art. 26 facilities of payment the Contracting Parties shall ensure that the amount potentially payable at the completion of the formalities and controls in trade may be paid also in the form of bank checks international guaranteed or certified, denominated in the currency of the country in which these amounts are due.
Art. 27 performance of the agreement each Contracting Party stop appropriate measures to ensure the effective and harmonious of the provisions of this agreement, taking into account the need to facilitate the passage of goods across the border and to resolve any difficulties that may result from the application of those provisions to the mutual satisfaction.
Art. Review 28, if a Contracting Party wishes to a revision of this agreement, it shall submit a proposal to this effect to the other Contracting Party. Revision will come into force after the completion of the respective internal procedures of the parties.
Art. 29 re-balancing measures 1. A Contracting Party may, after consulting the Joint Committee, take appropriate rebalancing measures, including the suspension of the application of provisions of chapter III of this agreement if it finds that the other Contracting Party breaches the conditions or when the equivalence of customs security of the Contracting Parties is no longer guaranteed.
When any delays risk jeopardizing the effectiveness of customs security measures, interim protective measures may be adopted without prior consultation, provided that consultations be instituted immediately after the taking of these measures.
2. If the equivalence of customs security of the Contracting Parties is no longer guaranteed because the changes provided for in art. 22, by. 4 of this agreement have not been decided, a Contracting Party may suspend the application of provisions of chapter III from the date of implementation of the relevant Community legislation, unless the mixed Committee, after reviewing the means to maintain its application decides otherwise.
3. the scope and duration of the above measures should be limited to what is necessary to address the situation and ensure a balance between the rights and obligations under this agreement. A Contracting Party may ask the Board to consult about the proportionality of these measures and, where appropriate, decide to submit a dispute on this matter to arbitration in accordance with the procedure laid down in annex III. Any question of interpretation of the provisions of this agreement, identical to the corresponding provisions of Community law, cannot be resolved in this context.
Art. 30 prohibitions or restrictions on import, export or transit of goods the provisions of this agreement do not prevent to bans or restrictions, import, export or transit of goods enacted by the Contracting Parties or by the Member States of the community and justified for reasons of public order, public security and public morality, protection of health and life of people animals, plants or the environment, protection of national treasures possessing artistic, historic or archaeological value, or for the protection of industrial property, or commercial.
Art. 31 denunciation each Contracting Party may denounce the agreement by notification to the other Contracting Party. The agreement ceases to be in force twelve months after the date of this notification.
Art. 32 annexes the annexes to this agreement are an integral part.
Art. 33 ratification 1. This agreement is approved by the Contracting Parties according to specific procedures. It comes into force July 1, 2009, provided that the Contracting Parties are notified the completion of the procedures necessary for this purpose before that date.
2. If this agreement is not effective on July 1, 2009, it will take effect the day after the date on which the Contracting Parties notified the completion of the procedures necessary for this purpose.
3. pending the completion of the procedures referred to in the by. 1 and 2, the Contracting Parties provisionally apply this agreement from 1 July 2009 or a later date agreed between the Contracting Parties.
4. upon its entry into force, this Agreement replaces the agreement between the European Economic Community and the Swiss Confederation relating to the facilitation of controls and formalities for the carriage of goods of 21 November 1990.
Art. 34 languages this agreement is established in duplicate in the languages German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, each of these texts being equally authentic.
Done at Brussels, on June 25, two thousand nine.
Annex I summary Declarations of entry and exit art. 1 forms and content of the summary statement of entry or exit 1. The entry or exit summary declaration is done by computer. It is also possible to use commercial, port or transport, provided that they contain the necessary data.
2. the entry summary declaration or output contains the information required for this statement in Appendix 30 of the Community Regulation (EEC) n. 2454/93 of the Commission of 2 July 1993 laying down certain implementing provisions of Regulation (EEC) No 2913/92 of the Council establishing the customs code (hereinafter 'Regulation (EEC) n. 2454/93'). It is filled in accordance with the explanatory notes appearing in the said Annex 30. It is authenticated by the person making it.
((3. the Customs authorities accept the filing of a summary statement of entry or exit established on paper or by any other means that in one of the following circumstances: a) where the Customs computer system does not work; b) when the electronic application of the person conducting the filing of the entry or exit summary declaration is not;
as long as they apply to these statements an equivalent level of risk management that is applied to the entry or exit summary declarations electronically.
Input or output on paper summary statements are signed by the person who has established. They are accompanied, if necessary, loading or other appropriate lists lists and contain the data referred to the by. 2 4. Each Contracting Party sets the terms and conditions according to which the person required to file the entry or exit summary declaration is allowed to change one or more data from this statement, after it was filed.
OJ L 253 of 11.10.1993, p. 1. Regulation as last place by Regulation (EC) n the Commission from 17 nov 2008-1192. 2008 (OJ L 329 of the 6.12.2008, p. 1).
Art. 2 exceptions to the filing of the summary statement of entry or exit 1. A summary statement of entry or exit is not required with respect to the following goods:
(a) electric power; b) goods entering or leaving by pipeline; c) letters, postcards and printed cards including electronic; d) goods circulating under cover of the rules of the Postal Union universal; e) goods for which a statement oral customs or by simple border crossing is authorized, in accordance with the provisions laid down by the Contracting Parties except the pallets (((, containers and road, rail, air, maritime and river transport systems used in the context of a contract of carriage; f) goods contained in the personal luggage of travellers; g) goods covered by ATA and CPD; books h) goods exempt under the Vienna Convention on diplomatic relations of 18 April 1961, of the Vienna Convention on consular relations of 24 April 1963 or other consular conventions ((, or the New York Convention of 16 December 1969 on special missions; i) the arms and military equipment introduced on or shipped out of the customs territory of a Contracting Party by authorities responsible for the military defence of a Member State or Switzerland, as part of a military or a transport operation performed exclusively transport authorities military; j) the following goods introduced on or brought out of the customs territory of a Contracting Party and transferred directly to or from drilling or production platforms operated by a person established in the customs territory of the Contracting Parties: - goods which have been incorporated into these platforms for the purposes of their construction, repair, maintenance or conversion, - the goods that have been used to equip these platforms; refuelling products used or consumed on these platforms and non-dangerous waste on these platforms;
(k) goods contained in consignments whose intrinsic value does not exceed EUR 22 provided that the Customs authorities agree, with the agreement of the economic operator, to perform a risk analysis using the information in, or provided by, the system used by the economic operator.
2. a summary statement of entry or exit is not required in the cases provided by an international agreement between a Contracting Party and a third country security, subject to the procedure laid down in art. 9, by. 3, of this agreement.
3. a summary statement of entry or exit is not required in the community with regard to the goods referred to in art. 181, let. (i) and j), 592, let. (i) and j) and 842, al. 2, let. (b) of Regulation (EEC) n. 2454/93.
4. a summary of output statement is not required in Switzerland for:-spare parts and spare to be incorporated into the aircraft for repairs;-lubricants and gas necessary for the operation of the aircraft, and -food destined to be consumed on board, who were placed in a customs warehouse located in the Swiss airport speakers before and are then transferred to the aircraft in accordance with the provisions laid down by the Switzerland insofar as they do not affect the level of security guaranteed by this agreement.
RS 0.191.01 RS 0.191.02 RS 0.191.2 art. 3 place of filing of the summary statement of entry or exit 1. The summary statement of entry is filed with the competent authority of the Contracting Party on the territory of which the goods are introduced from third countries. This authority proceeds to the risk analysis from the data contained in this declaration and customs controls considered necessary for safety, even when these goods are for the other Contracting Party.
2. the exit summary statement is filed with the competent authority of the Contracting Party on the territory of which the formalities of exit from third countries are carried out. However, a customs declaration of export used as summary output statement is filed with the competent authority of the Contracting Party on the territory of which the formalities for export to third countries are carried out. The competent authority in one or the other case proceeds to the risk analysis from the data contained in this declaration and customs controls deemed necessary security.
3. where goods leaving the customs territory of a Contracting Party to a third country through the territory of the other Contracting Party, the data referred to in art. 1, by. 2, are transmitted by the competent authority of the first Contracting Party to the competent authority of the second.
However, the Joint Committee may determine the cases in which the transmission of these data is not necessary as long as they do not affect the level of security guaranteed by the agreement.
The Contracting Parties strive to connect and use a common system of transmission of data that contains the necessary information for the summary of the goods in question.
In the case where the Parties are not able to perform the transmission referred to in para. 1 to the date of application of the present agreement, summary of exit of the goods leaving a Contracting Party to a third country through the customs territory of the other Contracting Party, excluding air traffic live, is filed exclusively with the competent authority of the second party.
Art. 4 time of the summary statement of entry or exit 1. Deadlines for filing the entry or exit summary declaration are those referred to the art. 184 and 592 of Regulation (EEC) n. 2454/93.
2. by way of derogation to the by. 1, each Contracting Party may decide different deadlines:-in the case of traffic referred to in art. 3, by. 3, to allow a reliable risk analysis and to intercept shipments in order to proceed to any customs security controls are related; - in the case of an international agreement between that Contracting Party and a third country, subject to the procedure laid down in art. 9, by. 3, of this agreement.
Annex II title I granting of the status of authorized economic operator article authorized economic operator 1 General 1. The criteria for granting the status of authorised economic operator include: a) a satisfactory history of compliance with customs requirements; b) an effective system of management of the commercial records and, if any, of the Scriptures of transport, allowing to perform customs security controls appropriate; c) evidence of financial solvency. ETD) appropriate security and safety standards.
2. each Contracting Party shall determine the application and procedure of granting the status of authorised economic operator, as well as the legal effects of this status.
3. the Contracting Parties shall ensure that their customs authorities control the respect, by the authorised economic operator, of the conditions and criteria which apply to it and conduct a review of these conditions and criteria including important changes of the legislation in this area or existence of items reasonably to believe that the authorized economic operator no longer meets the applicable conditions.
Art. 2 background 1. History of compliance with customs requirements are considered as satisfactory if, during the three years preceding the application, none of the following persons has committed serious or repeated customs offences: a) the applicant; b) those responsible for the company of applicant or exercising control over its management; c) as appropriate (, the legal representative of the applicant for customs issues; d) the person responsible for customs matters in the company of the applicant.
2. the record of customs requirements can be considered as satisfactory if the competent customs authority considers that these offences are negligible compared to the number or scale of customs operations and raise no doubts about the good faith of the applicant.
3. If persons exercising control over the company of the applicant are established or resident in a third country, the Customs authorities assess their compliance with customs requirements on the basis of records and information available.
4. If the applicant has been established for less than three years, the Customs authorities assess its respect for customs requirements on the basis of records and information available.
Art. 3 effective management system of commercial records and transport to allow the Customs authorities to establish that the applicant has an effective system of management of the commercial records and, if necessary, transport entries, the applicant must meet the following requirements:
((a) use a system accounting is compatible with the generally accepted accounting principles applied to the place where the accounts are held and which will facilitate customs audit; b) allow physical access or electronic of the Customs to its writings customs authority and, if necessary, to its writings of transportation; c) have an administrative organization that corresponds to the type and the size of the company and which is adapted to the management of the flow of goods (((, and a system of internal control to identify transactions illegal or irregular; d) if necessary, have satisfactory procedures of licenses and permissions of import and/or export management; e) have satisfactory procedures of archiving of the Scriptures and the information of the company and protection against data loss; f) sensitize staff to the need to inform the Customs authorities in case of difficulty to comply with the requirements and to establish the appropriate contacts to to inform the Customs authorities of such situations; g) taking appropriate measures of technology of information security to protect the computer system of the plaintiff against any unauthorized intrusion and to secure its documentation.
Art. 4 financial solvency 1. For the purposes of this section, means solvency financially healthy, sufficient to enable the applicant to fulfil its obligations, in view of the characteristics of the type of business activity.
2. the condition relating to the financial solvency of the applicant is deemed to be satisfied if this solvency can be attested for the last three years.
3. If the applicant has been established for less than three years, his financial solvency is judged on the basis of records and information available.
Art. 5 appropriate standards of security and safety 1. Standards of safety and security of the applicant are considered as satisfactory if the following conditions are met: a) the buildings used for the operations covered by the certificate are built in materials that resist unlawful access attempts and provide protection against unlawful intrusion; b) there is appropriate control measures to prevent the unauthorized access to shipping areas (((, loading docks and cargo areas; c) measures for the handling of goods include protection against the introduction, substitution or loss of material and tampering of cargo units; d) there are, if any, procedures to ensure the management of import and/or export licenses relating to prohibitions or restrictions and to distinguish these goods from other goods; e) the applicant has taken steps to identify with precision partners commercial, in order to secure the international supply chain; f) does the applicant, insofar as the law permits, a safety regarding the potential future employees called to occupy sensitive positions on the security investigation and conducts a periodic inspection of their background; g) the applicant ensures that the staff concerned is actively involved in outreach to security issues.
2. If the applicant established in the community or in Switzerland, is a certificate of security and/or safety recognised at international level, issued on the basis of international conventions, of a certificate of security and safety European, issued on the basis of Community legislation, of an international standard of the international standardization or a standard European standards bodies European , or yet another certification recognized, the criteria set out in the by. 1 are deemed completed insofar as the criteria for the issuance of such certificates are identical or comparable to those provided for in this annex.
Title II facilities granted to authorized economic operators art. 6. the Customs authorities grant including the following approved economic operators facilities:-the Customs authorities may inform the authorized economic operator, until the goods arrive in the customs territory or leaving that territory, sending has been selected for a physical check as a result of a security or safety risk analysis, for as much as it does not interfere with the control to perform; the Customs authorities may however proceed to physical control even where an authorised economic operator was not informed beforehand;-approved economic operator may lodge statements summary entry or exit the requirements reduced in what concerned the data indicate, mentioned in Appendix 30 of the Community Regulation (EEC) n. 2454/93 the Commission of 2 July 1993 laying down certain implementing provisions of Regulation (EEC) n. 2913/92 of the Council establishing the customs code; However, when the authorised economic operator is a carrier, a freight forwarder or customs broker, has these reduced requirements if he is involved in the import or export of goods on behalf of an economic operator approved; - the authorized economic operator is submitted less than physical and documentary controls than other economic operators; the Customs authorities may however decide otherwise in order to take account of a particular threat or of the obligations resulting from regulations other than customs control;-in which case the customs authority decides to proceed with the inspection of a shipment covered by a summary declaration of entry or exit filed by an authorized economic operator, this control is carried out as a priority; In addition, at the request of the authorised economic operator and with the agreement of the customs authority, this control can be performed in a place other than that where this authority is normally its controls.
OJ L 253 of 11.10.1993, p. 1. Regulation as last place by Regulation (EC) n the Commission from 17 nov 2008-1192. 2008 (OJ L 329 of the 6.12.2008, p. 1).
Title III Suspension and revocation of the status of authorized economic operator article 7 suspension of status 1. The Customs delivery authority suspends the status of economic operator authorized in the following cases: a) when failure to comply with the conditions or criteria for granting the status of authorised economic operator has been established; b) where the Customs authorities have good reason to think that the authorised economic operator has committed an act subject to criminal prosecution and related to an offence under the Customs; c) when the authorized economic operator asking because he is temporarily unable to meet the conditions or criteria for granting the status.
(2 in the case referred to in paragraph 1, point b), the customs authority may however decide not to suspend the status of authorized economic operator if it considers that an offence is negligible in relation to the number or volume of customs operations and there is no doubt as to the good faith of the authorised economic operator.
3. the suspension takes effect immediately when required by the nature or the level of the threat to the security and safety of citizens, public health or the environment.
4. the suspension has no impact on customs procedures initiated before the date of suspension and still ongoing.
5. each Contracting Party fixed the duration of the period of suspension to allow the authorized economic operator to regularise his status.
6. when the economic operator has taken, to the satisfaction of the Customs authorities, the necessary measures to comply with the conditions and criteria to be respected by all authorized economic operator, the issuing Customs Authority cancels the suspension.
Art. 8 revocation of status title IV exchange of information 1. The issuing customs authority revokes the certificate of economic operator authorized in the following cases: a) where the authorised economic operator has committed a serious breach of customs regulations and remedies have been exhausted; b) when the authorized economic operator does not take the necessary measures during the period of suspension referred to in art. 7, by. 5; c) at the request of the authorised economic operator.
2. However, in the case referred to in point a), the customs authority may decide not to revoke the AEO certificate if it considers that the offence is negligible in relation to the number or volume of customs operations and there is no doubt as to the good faith of the authorised economic operator concerned.
3. the revocation takes effect the next day of its notification.
Title IV exchange of information art. 9. the Commission and the Swiss competent authority Exchange regularly the identity of their authorized security economic operators including the following information:
((a) the identification number of the operator (TIN - Trader Identification Number in a format compatible with the EORI - Economic Operator Registration and Identification law); b) the name and address of the authorised economic operator c) the number of the document by which the status of authorized economic operator awarded; d) the current status (active, suspended, revoked); e) periods of status change; f) the date from which the certificate takes effect; g) the authority which issued the certificate.
Appendix III arbitration 1. If a dispute is referred to arbitration, three arbitrators are appointed, unless the Contracting Parties decide otherwise.
2. each Contracting Party shall designate one arbitrator within a period of thirty days.
3. the two designated arbitrators appoint an umpire who is not a national of one of the Contracting Parties by mutual agreement. If the arbitrators cannot agree, within a period of two months following their appointment, they choose the umpire on a list of seven people established by the Joint Committee. The Board establishes and maintains this list in accordance with its rules of procedure.
4. unless the Contracting Parties decide otherwise, the arbitral tribunal itself shall determine its rules of procedure. It takes decisions by a majority.
Status as of January 1, 2011