TITLE 5

Transport and movement of goods

Article 120

1. The Contracting Parties shall jointly ensure that their laws, regulations or administrative provisions do not unjustifiably impede the movement of goods at internal borders.

2. The Contracting Parties shall facilitate the movement of goods at internal borders by carrying out formalities relating to prohibitions and restrictions at the time goods are cleared through customs for release for consumption. Such customs clearance may, at the option of the party concerned, be conducted either within the country or at the internal border. The Contracting Parties shall endeavour to encourage customs clearance within the country.

3. Insofar as it is not possible in certain spheres to achieve the simplifications referred to in paragraph 2 in whole or in part, the Contracting Parties shall endeavour to bring about the conditions therefor amongst themselves or within the framework of the European Communities.

This paragraph shall apply in particular to the monitoring of compliance with rules concerning transport permits, to technical inspection of means of transport, To veterinary checks and animal health checks, veterinary checks on health and hygiene, to plant health checks and to the monitoring of transport of dangerous goods and waste.

4. The Contracting Parties shall endeavour to harmonize formalities concerning the movement of goods at external borders and to monitor compliance therewith in accordance with uniform principles. The Contracting Parties shall, to that end, work closely together within the Executive Committee, within the framework of the European Communities and within other international fora.

Article 121

1. The Contracting Parties shall, while complying with Community law, waive the checks and cease to require submission of the plant health certificates, prescribed by Community law for certain plants and plant products.

The Executive Committee shall adopt the list of plants and plant products to which the simplification specified in the first sentence above shall apply. It may amend this list and shall set the date of entry into force for such amendments. The Contracting Parties shall inform each other of the measures adopted.

2. Should there be a danger of harmful organisms being introduced or propagated, a Contracting Party may request the temporary reinstatement of the surveillance measures prescribed by Community law, and may implement them. It shall immediately inform the other Contracting Parties thereof in writing, giving the reasons for its decision.

3. Plant health certificates may continue to be used as the certificate required by virtue of the law on the protection of species.

4. The competent authority shall, upon request, issue a plant health certificate when a consignment is intended in whole or in part for re- exportation, insofar as plant health requirements are met in respect of the plants or plant products concerned.

Article 122

1. The Contracting Parties shall step up their co-operation in order to ensure the safe transport of dangerous goods, and undertake to harmonize the national provisions adopted pursuant to international Conventions in force. They undertake, moreover, particularly with a view to maintaining the existing level of safety, to:

(a) harmonize their requirements in respect of the vocational qualifications of drivers;

(b) harmonize the procedures for and the frequency of checks conducted in the course of transport and within undertakings;

(c) harmonize the descriptions of offences and the legal provisions concerning, the relevant sanctions;

(d) ensure a permanent exchange of information, and of experience acquired, with regard to the measures implemented and the checks carried out.

2. The Contracting Parties shall step up their co-operation in order to conduct checks on transfers of dangerous and of non-dangerous waste across internal borders.

To that end, they shall endeavour to adopt a common position as regards the amendment of Community Directives on the monitoring and management of transfers of dangerous waste and in respect of the introduction of Community acts concerning non-dangerous waste, with the aim of setting up an appropriate infrastructure for the disposal thereof and of introducing standards on such disposal harmonized at a high level.

In the absence of Community rules on non-dangerous waste, checks on transfers of such waste shall be conducted on the basis of a special procedure whereby transfers to the point of destination may be checked at the time of processing.

The provisions of the second sentence of paragraph 1 above shall also apply to this paragraph.

Article 123

1. The Contracting Parties undertake to consult each other for the purposes of abolishing amongst themselves the current obligation to provide a permit for the export of strategic industrial products and technologies, and to replace such a permit if necessary, by a flexible procedure in instances where the countries of first and final destination are Contracting Parties.

Subject to such consultations, and in order to guarantee the effectiveness of such checks as may prove necessary, the Contracting Parties shall, by co-operating closely within a co-ordination system, endeavour to conduct such exchanges of information as are appropriate in the light of national legislation.

2. With regard to products other than the strategic industrial products and technologies referred to in paragraph 1, the Contracting Parties shall endeavour, on the one hand, to have export formalities conducted within the country and, on the other, to harmonize their monitoring procedures.

3. Within the framework of the objectives set out in paragraphs 1 and 2 above, the Contracting Parties shall undertake consultations with the other partners concerned.

Article 124

The number and frequency of checks on goods during movements of travellers at internal borders shall be reduced to the lowest level possible. Further reductions in and the final abolition of such checks will depend on the gradual increase of travellers' exemptions and on future developments in the rules applicable to travellers crossing borders.

Article 125

1. The Contracting Parties shall conclude arrangements on the secondment of liaison officers from their customs administrations.

2. The secondment of liaison officers shall be for the general purposes of promoting and accelerating co-operation between the Contracting Parties, in particular within the framework of existing Conventions and Community acts on mutual assistance.

3. The duties of liaison officers shall be of a consultative nature, and to provide assistance. They shall not be empowered to take customs administration measures on their own initiative. They shall provide information and shall perform their duties in accordance with the instructions given to them by the Contracting Party of origin.


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