16. Article

1. Šis lēmums stājas spēkā dienā pēc tam, kad ir saņemts pēdējais paziņojums, ar ko puses paziņo Depozitārijam par iekšējo juridisko prasību izpildi, kas nepieciešama, lai lēmums stātos spēkā. 2. Ja šis lēmums, saskaņā ar šī panta 1.punktu, nestājas spēkā līdz 2001.gada 1.janvārim, tad no minētā datuma tas izmantojams pagaidu variantā. Sastādīts Rīgā, 2000.gada 7.decembrī. Aivars Krastiņš, Apvienotās komitejas priekšsēdētājs Pielikums lēmumam No 5/2000 8.pielikums Preču saraksts, kuras pārvadājot rada fiksētās likmes garantijas palielinājumu Harmonizētās sistēmas Nr.Apraksts Daudzums, kas atbilst standarta summai 7000 EUR 2203Iesala alus50 hl2204Dabiskie vīnogu vīni, ieskaitot spirtotos; vīnogu misa, izņemot 2009. preču pozīcijā minēto15 hl2205Vermuts un pārējie vīnogu vīni ar augu vai aromātisko vielu piedevu20 hl2206Pārējie raudzētie dzērieni (piemēram, ābolu sidrs (cider), bumbieru vīns (perry), medus dzēriens (mead), raudzēto dzērienu maisījums un raudzēto dzērienu un bezalkoholisko dzērienu maisījumi, kas citur nav minēti25 hl2207.10Nedenaturēts etilspirts ar spirta tilpuma koncentrāciju 80% un vairāk3 hl2208Nedenaturēts etilspirts ar spirta tilpuma koncentrāciju mazāk nekā 80%, stiprie alkoholiskie dzērieni, liķieri un pārējie alkoholiskie dzērieni5 hlno 2402Cigāri15000 gabalino 2402Cigarillas30000 gabalino 2402Cigaretes no tabakas vai tabakas aizstājējiem35000 gabalino 2403Pārējā rūpnieciski apstrādātā tabaka un rūpnieciskie tabakas aizstājēji; homogenizēta vai atjaunota tabaka; tabakas ekstrakti un esences300 kgno 2710Motorbenzīns (izņemot aviācijas benzīnu)200 hlno 2710Aviācijas benzīns10000 kgno 2710Aviācijas petroleja15000 kgno 2710Dīzeļdegviela10000 kgno 27.10Motoreļļa10000 kg Recomendation No.1/2000 of the Joint Committee on the Baltic Common Transit of 27 September 2000 Replacement of the Sign of the Monetary Unit "ECU" by "EUR" in the Text of the Agreement of 10 July 1998 on the Baltic Common Transit Procedure THE JOINT COMMITTEE, Having regard to the Agreement of 10 July 1998 on the Baltic Common Transit Procedure and in particular Article 15 (2) (a) thereof, Whereas Article 10 (3) and Article 15 (3) b of the Agreement contain provisions regarding ECU; Whereas after introduction of euro the amounts expressed in ECU shall be replaced in the common currency of European Monetary Union (euro), HEREBY RECOMMENDS: that the Contracting Parties to the Agreement amend it, with effect from 1 January 2001, along the lines set out in the proposal annexed to this recommendation. Done at Riga, on 27 September 2000 Aivars Krastiņš Chairman of the Joint Committee Annex Proposed amendments to the Agreement on the Baltic Common Transit Procedure among the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania The Agreement on the Baltic Common Transit Procedure among the Republic of Estonia, The Republic of Latvia, The Republic of Lithuania is hereby amended as follows: Article 1 Article 10 (3) shall be replaced by the following text: "3. For the purposes of the flat-rate guarantee as provided for in Appendices I and II, the ECU means the amount of national currency of the Contracting Party in question calculated by using exchange rate of the EUR established by the National Bank of that Contracting Party on the first working day of the month of October, and shall be applied from 1 January of the following year. If a rate is not available for a particular national currency, the rate to be applied shall be that of the first day for which a rate has been established after the first working day of October, the rate to be applied shall be that of the last day prior to that date for which a rate has been established." Article 2 Article 15 (3) (b) shall be replaced by the following text: "(b) amendments to the definition of EUR as set out in Article 10 (3);". Decision No 3/2000 of the Joint Committee on the Baltic Common Transit of 27 September 2000 for the Amendment of the Appendices II and IV of Agreement of 10 July 1998 on the Baltic Common Transit Procedure THE JOINT COMMITTEE, Having regard to the Agreement of 10 July 1998 on the Baltic Common Transit Procedure and in particular Article 15 (3) (a) thereof; Whereas Appendices II and IV of the Agreement contain provisions regarding ECU; Whereas after introduction of euro the amounts expressed in ECU shall be replaced with amounts expressed m the common currency of European Monetary Union (euro); HAS DECIDED AS FOLLOWS Article 1 In paragraphs 1 and 2 of Article 34 A of Appendix II the word "ECU" is replaced by the word "EUR" and those paragraphs are laid down as follows: "1. The amount of the comprehensive guarantee is fixed at 100 % of the duties and other charges payable, with a minimum of EUR 7 000, under the provisions of paragraph 4, except in the cases referred to in paragraph 2. 2. The customs authority may fix the amount of the comprehensive guarantee at 30 % at least of the duties and other charges payable, with a minimum of EUR 7 000, under the provisions of paragraph 4, as long as: — the operator has during the period of 2 years regularly carried out Baltic Common Transit operations under the comprehensive guarantee system, — he has not committed breaches of his obligations during that period, — the goods are not listed m Annex VIII of Appendix II Article 2 In Article 40 of Appendix n the word "ECU" is replaced by the word "EUR" and this Article is laid down as follows: "Article 40 Without prejudice to the provisions in Article 41 (2) and (3), the flat-rate amount which the guarantor may be permitted to guarantee by means of a declaration; in accordance with Article.28 (1) of Appendix I shall be equal to EUR 7 000" Article 3 In Article 41 of Appendix n the word "ECU" is replaced by the word "EUR" and this Article is laid down as follows: "Article 41 1. Except in the cases referred to in paragraphs 2 and 3, the office of departure shall not require a guarantee in excess of the flat-rate amount of EUR 7000 for each T1B transit declaration, irrespective of the amount of duties and other charges to which the goods covered by a particular declaration may be liable. 2. Where, owing to circumstances peculiar to it, a transport operation involves increased risks and the guarantee of EUR 7000 is therefore insufficient, the office of departure shall ask for a guarantee of a greater amount in multiples of EUR 7000 in order to guarantee the duties and other charges relating to the total quantity of goods to be dispatched. In particular a transport operation is considered to present an increased risk of fraud when it includes goods to which with respect to the use of the comprehensive guarantee the provisions of Article 34 B apply. 3. Additionally, the carriage of goods listed in Annex VIII shall give rise to an increase in the amount of the flat-rate guarantee where the quantity of goods carried exceeds the quantity corresponding to the flat-rate amount of BUR 7000. In that case, the flat-rate amount shall be increased to the multiple of EUR 7000 necessary to guarantee the quantity of goods to be dispatched. 4. The principal shall, in the cases referred to in paragraphs 2 and 3, deliver to the office of departure flat-rate guarantee vouchers corresponding to the required multiple of EUR 7000". Article 4 In paragraph 3 of Article 43 of Appendix II the word "ECU is replaced by the word "EUR" and this paragraph is laid down as follows: "3. The guarantor shall be liable up to an amount of EUR. 7000 in respect of each flat-rate guarantee voucher". Article 5 In Title V and Article 51 of Appendix II the word "ECU" is replaced by the word "EUR" and this Title and Article are laid down as follows: "Title V Special provision concerning the excange value of the EUR Article 51 1. The equivalent in national currencies of the amounts expressed in EUR referred to in this Appendix shall be calculated by using the exchange rate established by the National Bank of a Contracting Party on the first working day of the month of October, and shall be applied from 1 January of the following year. If a rate is not available for a particular national currency, the rate to be applied shall be that of the first day for which a rate has been established after the first working day of the month of October. If a rate has not been established after the first working day of October, the rate to be applied shall be that of the last day prior to that date for which a rate has been established. 2. The exchange value of the EUR to be used in applying the first subparagraph shall be that which was applicable on the date on which the T1B declaration covered by the flat-rate guarantee voucher or vouchers was registered in accordance with Article 41". Article 6 In paragraphs 1 and 2 under title "I. Undertaking by the Guarantor" of Annex VI of Appendix II the word "ECU" is replaced by the word "EUR" and those paragraphs are laid down as follows: 1. The undersigned1 ................................................................................ ................................................................................ resident at 2 ................................................................................ ................................................................................ hereby jointly and severally guarantees, at the office of guarantee of ..................... in favour of the Republic of Estonia, the Republic of Latvia, and the Republic of Lithuania, any amount for which a principal may become liable to the above mentioned States by reason of infringements or irregularities committed in the course of a transit operation under the Agreement on Common Baltic Transit procedure carried out by that person, including duties, taxes and other charges — with the exception of pecuniary penalties — as regards principal or further liabilities, expenses and incidentals charges with regard to which the undersigned has agreed to be responsible by the issue of guarantee vouchers up to a maximum of EUR 7000 per guarantee voucher. 2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the States 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 EUR 7000 per 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 transit operation under the Agreement on Common Baltic Transit procedure was conducted without any infringement or irregularity within the meaning of paragraph 1. The competent authorities may, upon request of the undersigned and for any reasons recognized to be valid defer the period within which the undersigned should pay the requested sums beyond a period of 30 days from the date of application for payment. The expenses incurred, from granting this additional period, and in particular any interest, must be calculated in such a way that the amount is equivalent to that which would be charged to that end on the money market or financial market in the State concerned". Article 7 In Annex IX of Appendix III the word "ECU" is replaced by the word "EUR" and this Annex is laid down as follows: Article 8 In sub-paragraph 2 (c) of Article 7 of Appendix IV the word "ECU" is replaced by word "EUR" and this sub-paragraph is laid down as follows: "(c) the claim exceeds 1.500 EUR. The equivalent in national currencies of the amount expressed in EUR shall be calculated in accordance with the provisions of Article 51 of Appendix II". Article 9 This Decision shall enter into force on the 1 January 2001. Done at Riga, on 27 September 2000 Aivars Krastiņš Chairman of the Joint Committee Decision No 5/2000 of the Joint Committee on the Baltic Common Transit of 7 December 2000 on Amendment of Appendices I, II and III of the Agreement of 10 July 1998 on the Baltic Common Transit Procedure THE JOINT COMMITTEE, Having regard to the Agreement of 10 July 1998 on the Baltic Common Transit Procedure and in particular Article 15 (3) (a) thereof, Whereas Appendix I of the Agreement contains the rules governing the application of the Baltic Common Transit procedure; Whereas Appendix II of the Agreement contains the conditions for calculation of amount of the comprehensive guarantee and conditions for applying the comprehensive guarantees for T1B operations; Whereas Annex VIII of Appendix II of the Agreement contains the list of goods which, when transported, give rise to an increase in the flat-rate guarantee; Whereas the purpose of minimizing the fraud leeds to the early adoption of measures and special rules that will have to make economic operators and customs administrations considerably more alert to the risk; Whereas the practice of the Contracting Parties has shown that the world market has had a great influence on the value of certain goods listed in Annex VIII to Appendix II of the Agreement; Whereas Appendix III of the Agreement contains the specimens of the forms of SAD documents and explanatory notes on their use for making out T1B declarations; Whereas it is necessary to keep the prescriptions for filling in the boxes of T1B declarations in line with the provisions of the Convention on a Common Transit Procedure, HAS DECIDED AS FOLLOWS: Article 1 In paragraph 5 of Article 22 of Appendix I the words "LV Atšķirības iestāde, kurā preces tiek uzrādītas, ....(nosaukums, kods un valsts)" are replaced by the text "LV: Atšķirības: saņēmēja muitas iestāde ....(nosaukums, kods un valsts)" and this paragraph is laid down as follows: "5. If, in the case of change of office of destination, as referred to in paragraph 3, the new office of destination belongs to a Contracting Party other than that having jurisdiction over the office entered in the T1B document, then the new office of destination shall enter in the "Control by office of destination" box of the return copy of the T1B document, in addition to the usual statement which it is obliged to enter, one of the following statements (Differences: office where goods were presented ............ (name, code and country)): EE: Erinevused: tollipunkt, kus kaubad esitati............ (nimi, kood ja riik), LV: Atšķirības: saņēmēja muitas iestāde ...............(nosaukums, kods un valsts), LT: Skirtumai: ķstaiga, kuriai pateiktos prekņs - ............ (pavadinimas, kodas ir valstybņ). Article 2 Paragraph 1 of Article 18 of Appendix II is laid down as follows: "1. Where goods have to move under the T1B procedure, the principal shall enter the symbol "T1B" in the right-hand subdivision of box 1 of the forms used." Article 3 The following paragraph 6 is added to Article 34 A of Appendix II: "6. At the first request of the office of departure the principal shall provide the customs authorities with the information concerning the amount of the debt related to the consignment in question which shall to be covered by the comprehensive guarantee assessed on the basis of rates of import duties and taxes applied in the country where the office of departure is located. Article 4 Article 41 of Appendix II is replaced by the following text: "Article 41 1. (This Article does not contain paragraph 1). 2. Except in cases referred to in paragraph 3, the principal shall deliver to the office of departure the number of flat-rate guarantee vouchers corresponding to the multiple of EUR 7000 necessary to cover the total amount of debt which may be incurred. Those vouchers shall be retained by the office of departure. 3. Additionally, the carriage of goods listed in Annex VIII shall give rise to an increase in the amount of the flat-rate guarantee where the quantity of goods carried exceeds the quantity corresponding to the flat-rate amount of EUR 7000. In that case, the flat-rate amount shall be increased to the multiple of EUR 7000 necessary to guarantee the quantity of goods to be dispatched. 4. The principal shall, in the cases referred to in paragraph 3, deliver to the office of departure flat-rate guarantee vouchers corresponding to the required multiple of EUR 7000." Article 5 Annex VIII of Appendix II is amended according of the Annex of this Decision. Article 6 Replace the text in the Paragraph 1 of the Article 2 of Appendix III to the Agreement: "However on the copies used for transit (1,4,5 and 7)" by the text: "However on the copies used for transit (1,4 and 5)". Article 7 In box 14 of copy 4 (Estonian version) of the specimen of the form of SAD document shown in Annex I to Appendix III the word "Nr." is replaced by the words "14 Deklarant / Esindaja Nr.". Article 8 The symbol of box "H" on the back side of copy 5 (English version) of the specimen of the form of SAD document shown in Annex I to Appendix III is replaced by the symbol "I". Article 9 The subtitle A "General Description" of Title I "General Remarks" of Annex VII to Appendix III is replaced by the following text: "A. General description The forms referred to in Annexes I to IV to this Appendix are to be used for the movement of goods under the T1B procedure between the Contracting Parties concerned (except under the simplified transit procedure for the carriage of goods by certain modes of transport). In the case of the forms referred to in Annexes I and III to this Appendix, only copies 1, 4 and 5 are to be used: - copy 1 which is to be retained by the authorities of the Contracting Party of dispatch/export (dispatch and transit formalities), - copy 4 which is to be kept by the office of destination (transit formalities and evidence of status of the goods of a Contracting Party), - copy 5 which is the return copy for the transit procedure. The forms referred to in Annexes II and IV to this Appendix may also be used, particularly where declarations are processed by a computerized system. Two sets, each comprising at least copies 1/6 and 4/5, should be used in such instances, the first set would then correspond, as regards the particulars to be given therein, to copies 1 and 4 above, and the second to copy 5. In this case, in each set, the number of the each copy being used must be shown by deleting the number, in the margin of the form, referring to the copy not be used. Each set thus defined is designed so that the information which has to be reproduced on the various copies will be reproduced by means of a chemical treatment of the paper. Traders may also, if they wish, use privately printed sets of kind corresponding to their choice as long as the form used conforms to the official specimen." Article 10 The second sub-paragraph in the prescription for filling in box 2 of the Title II "Particulars to be entered in the different boxes" of Annex VII to Appendix III is replaced by the following text: "Where consignments are grouped (small consignments loaded on one means of transport), enter one of the following entries ("various") in this box and attach the list of consignors singned by the principal to the each copy of the declaration with exception of return copy 5: - EE: Erinevad; - LV: Dažādi; - LT: Õvairūs". Article 11 The figure "0" in the prescription for filling in box 6 of the Title II "Particulars to be entered in the different boxes" Annex VII to Appendix III is replaced by the figure "1" and this prescription is laid down as follows: "Box 6: Total packages Enter the total number of packages (i.e. number of boxes, sacks, etc.) making up the consignment in question. Enter '1' or leave this box blank for unpacked or bulk goods. Article 12 The prescription for filling in box 27 of Title II "Particulars to be entered in the different boxes" of Annex VII to Appendix III is replaced by the following text: "Box 27: Place of loading This box is optional for the Contracting Parties. Enter, if applicable in code form, where provided for, the place of loading of the onto the active means of transport on which they are to cross the border of the Contracting Party in whose territory the office of departure is located, as known at the time when the goods are placed under the Baltic Common Transit procedure." Article 13 The prescription for filling in box 31 of Title II "Particulars to be entered in the different boxes" of Annex VII to Appendix III is replaced by the following text: "Box 31: Packages and description of goods - Marks and numbers - Container No(s) - Number and kind Enter the marks, numbers, number and kind of packages or, in the case of unpacked goods, enter the number of such goods covered by the declaration, or one of the following entries ("bulk"): - EE: puisteained; - LV: berama krava; - LT: nesupakuotas (birus, skystas ar kt.) krovinys. The normal trade description of the goods must be entered in all cases. This description must include all the details needed to allow identification of the goods. The description must be expressed in sufficiently precise terms to allow classification of the goods. This box must also show the particulars required under any specific rules (e.g. on excise duties). If containers are used, the identifying marks of the container should also be entered in this box." Article 14 The second sub-paragraph of the prescription for filling in box 33 of Title II "Particulars to be entered in the different boxes" of Annex VII to Appendix III is replaced by the following text: "Use at least four digit commodity code from chapters 98 or 99 of HS when loading lists are used." Article 15 The prescription for filling in box 51 of Title II "Particulars to be entered in the different boxes" of Annex VII to Appendix III is replaced by the following text: "Box 51: Intended offices of transit (and countries) Enter the name and the code of the intended office of entry into each Contracting Party the territory of which it is intended to cross in the course of transportation. The transit offices are listed in the "list of customs offices competent for transit operations". After the name and the code of the office, enter the two letter code relating to the Contracting Party concerned contained in International Standart ISO 3166 (Codes for the representation of names of countries)". Article 16 1. This Decision shall enter into force on the date of the last notification by which the Parties inform the Depositary of concluding the internal legal requirements necessary for the entry into force of the Decision. 2. If this Decision does not enter into force in accordance with paragraph 1 of this Article by January 1, 2001, it shall be applied provisionally from that date. Done at Riga, on 7th December 2000. Aivars Krastiņš Chairman of the Joint Committee Annex to Decision No 5/2000 Annex VIII List of Goods Which, When Transported, Give Rise to an Increase in the Flate-Rate Guarantee Harmonized system heading NoDescriptionQuantity corresponding to the standard amount of EUR 70002203Beer made from malt50 hl2204Wine of fresh grapes, including fortified wines; grape must other than that of heading No. 200915 hl2205Vermouth and other wine of fresh grapes flavored with plants or aromatic substances20 hl2206Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included25 hl2207.10Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol. or higher3 hl2208Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol.; spirits, liqueurs and other spirituous beverages5 hlex2402Cigars15000 cigarsex2402Cigarillos30000 cigarrillosex2402Cigarettes35000 cigarettesex2403Smoking tobacco; Chewing tobacco; snuff300 kgex2710Car gasoline (excluding aircraft gasoline)200 hlex2710Aircraft gasoline10000 kgex2710Aircraft petroleum15000 kgex2710Diesel25000 kgex2710Engine oil10000 kg