2006. évi XLI. törvény
a vámeljárások egyszerűsítéséről és összehangolásáról szóló, Kiotóban, 1973. május 18-án kelt nemzetközi egyezmény Brüsszelben, 1999. június 26-án létrehozott Módosító Jegyzőkönyvének kihirdetéséről1
1. § Az Országgyűlés a vámeljárások egyszerűsítéséről és összehangolásáról szóló, Kiotóban, 1973. május 18-án kelt nemzetközi egyezmény Brüsszelben, 1999. június 26-án létrehozott Módosító Jegyzőkönyvét és függelékeit e törvénnyel kihirdeti. (A Magyar Köztársaság 2004. április hónapban csatlakozott a Módosító Jegyzőkönyvhöz, a csatlakozási okiratot 2004. április 29-én letétbe helyezte, a Módosító Jegyzőkönyv a Magyar Köztársaság vonatkozásában 2006. február 3-án hatályba lépett.)
2. § A Módosító Jegyzőkönyv angol nyelvű szövege és annak hivatalos magyar nyelvű fordítása a következő:
Protocol of Amendment to the International Convention on the simplification and harmonisation of customs procedures)~„Protocol of Amendment to the International Convention on the simplification and harmonisation of customs procedures
(done at Brussels on 26 June 1999)
The Contracting Parties to the International Convention on the simplification and harmonisation of customs procedures (done at Kyoto on 18 May 1973 and entered into force on 25 September 1974), hereinafter „the Convention”, established under the auspices of the Customs Cooperation Council, hereinafter „the Council”,
considering that to achieve the aims of:
- eliminating divergence between the customs procedures and practices of Contracting Parties that can hamper international trade and other international exchanges,
- meeting the needs of international trade and the customs for facilitation, simplification and harmonisation of customs procedures and practices,
- ensuring appropriate standards of customs control, and
- enabling the customs to respond to major changes in business and administrative methods and techniques,
the Convention must be amended,
considering also that the amended Convention:
- must provide that the core principles for such simplification and harmonisation are made obligatory on Contracting Parties to the amended Convention,
- must provide the customs with efficient procedures supported by appropriate and effective control methods, and
- will enable the achievement of a high degree of simplification and harmonisation of customs procedures and practices which is an essential aim of the Council, and thus make a major contribution to facilitation of international trade,
have agreed as follows:
Article 1
The Preamble and the Articles of the Convention are amended as set out in the text contained in Appendix I hereto.
Article 2
The Annexes of the Convention are replaced by the General Annex contained in Appendix II and by the specific annexes contained in Appendix III hereto.
Article 3
1. Any Contracting Party to the Convention- may express its consent to be bound by this Protocol, including Appendices I and II, by:
(a) signing it without reservation of ratification;
(b) depositing an instrument of ratification after signing it subject to ratification; or
(c) acceding to it.
2. This Protocol shall be open until 30 June 2000 for signature at the Headquarters of the Council in Brussels by the Contracting Parties to the Convention. Thereafter, it shall be open for accession.
3. This Protocol, including Appendices I and II, shall enter into force three months after 40 Contracting Parties have signed this Protocol without reservation of ratification or have deposited their instrument of ratification or accession.
4. After 40 Contracting Parties have expressed their consent to be bound by this Protocol in accordance with paragraph 1, a Contracting Party to the Convention shall accept the amendments to the Convention only by becoming a party to this Protocol. For such a Contracting Party, this Protocol shall come into force three months after it signs this Protocol without reservation of ratification or deposits an instrument of ratification or accession.
Article 4
Any Contracting Party to the Convention may, when it expresses its consent to be bound by this Protocol, accept any of the specific annexes or chapters therein contained in Appendix III hereto and shall notify the Secretary-General of the Council of such acceptance and of the recommended practices in respect of which it enters reservations.
Article 5
After the entry into force of this Protocol, the Secretary-General of the Council shall not accept any instrument of ratification or accession to the Convention.
Article 6
In relations between the Parties hereto, this Protocol with its appendices shall supersede the Convention.
Article 7
The Secretary-General, of the Council shall be the depositary of this Protocol and shall perform the functions as provided for in Article 19 contained in Appendix I to this Protocol.
Article 8
This Protocol shall be open for signature by the Contracting Parties to the Convention at the Headquarters of the Council in Brussels-from 26 June 1999.
Article 9
In accordance with Article 102 of the Charter of the United Nations, this Protocol and its Appendices shall be registered with the Secretariat of the United Nations at the request of the Secretary-General of the Council.
In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol.
Done at Brussels, this twenty-sixth day of June nineteen hundred and ninety-nine, in the English and French languages, both texts being equally authentic, in a single original which shall be deposited with the Secretary-General of the Council who shall transmit certified copies to all the entities referred to in paragraph 1 of Article 8 contained in Appendix I to this Protocol.
Appendix I.
International Convention on the simplification and harmonisation of customs procedures
(as amended)
Preamble
The Contracting Parties to the present Convention established under the auspices of the customs Cooperation Council,
endeavouring to eliminate divergence between the customs procedures and practices of Contracting Parties that can hamper international trade and other international exchanges,
desiring to contribute effectively to the development of such trade and exchanges by simplifying and harmonising customs procedures and practices and by fostering international cooperation,
noting that the significant benefits of facilitation of international trade may be achieved without compromising appropriate standards of customs control,
recognising that such simplification and harmonisation can be accomplished by applying, in particular, the following principles:
- the implementation of programmes aimed at continuously modernising customs procedures and practices and thus enhancing efficiency and effectiveness,
- the application of customs procedures and practices in a predictable, consistent and transparent manner,
- the provision to interested parties of all the necessary information regarding customs laws, regulations, administrative guidelines, procedures and practices,
- the adoption of modern techniques such as risk management and audit-based controls, and the maximum practicable use of information technology,
- cooperation wherever appropriate with other national authorities, other customs administrations and the trading communities,
- the implementation of relevant international standards,
- the provision to affected parties of easily accessible processes of administrative and judicial review,
convinced that an international instrument incorporating the above objectives and principles that Contracting Parties undertake to apply would lead to the high degree of simplification and harmonisation of customs procedures and practices which is an essential aim of the customs Cooperation Council, and so make a major contribution to facilitation of international trade,
have agreed as follows:
Chapter I
Definitions
Article 1
For the purposes of this Convention:
(a) „standard” means a provision the implementation of which is recognised as necessary for the achievement of harmonisation and simplification of customs procedures and practices;
(b) „transitional standard” means a standard in the General Annex for which a longer period for implementation is permitted;
(c) „recommended practice” means a provision in a specific annex which is recognised and practices, the widest possible application of which is considered to be desirable;
(d) „national legislation” means laws, regulations and other measures imposed by a competent authority of a Contracting Party and applicable throughout the territory of the Contracting Party concerned, or treaties in force by which that Party is bound;
(e) „General Annex” means the set of provisions applicable to all the customs procedures and practices referred to in this Convention;
(f) „specific annex” means a set of provisions applicable to one or more customs procedures and practices referred to in this Convention;
(g) „Guidelines” means a set of explanations of the provisions of the General Annex, specific annexes and chapters therein which indicate some of the possible courses of action to be followed in applying the standards, transitional standards and recommended practices, and in particular describing best practices and recommending examples of greater facilities;
(h) „Permanent Technical Committee” means the Permanent Technical Committee of the Council;
(i) „Council” means the organisation set up by the Convention establishing a Customs Cooperation Council, done at Brussels on 15 December 1950;
(j) „customs or economic union” means a union constituted by, and composed of States which has competence to adopt its own regulations that are binding on those States in respect of matters governed by this Convention, and has competence to decide, in accordance with its internal procedures, to sign, ratify or accede to this Convention.
Chapter II
SCOPE AND STRUCTURE
Scope of the Convention
Article 2
Each Contracting Party undertakes to promote the simplification and harmonisation of customs procedures and, to that end, to conform, in accordance with the provisions of this Convention, to the standards, transitional standards and recommended practices in the annexes to this Convention. However, nothing shall prevent a Contracting Party from granting facilities greater than those provided for therein, and each Contracting Party is recommended to grant such greater facilities as extensively as possible.
Article 3
The provisions of this Convention shall not preclude the application of national legislation with regard to either prohibitions or restrictions on goods which are subject to customs control.
Structure of the Convention
Article 4
1. The Convention comprises a body, a General Annex and specific annexes.
2. The General Annex and each specific annex to this Convention consist, in principle, of chapters which subdivide an annex and comprise:
(a) definitions; and
(b) standards, some of which in the General Annex are transitional standards.
3. Each specific annex also contains recommended practices.
4. Each Annex is accompanied by Guidelines, the texts of which are not binding upon Contracting Parties.
Article 5
For the purposes of this Convention, any specific annex(es) or chapter(s) therein to which a Contracting Party is bound shall be construed to be an integral part of the Convention, and in relation to that Contracting Party any reference to the Convention shall be deemed to include a reference to such annex(es) or chapter(s).
Chapter III
MANAGEMENT OF THE CONVENTION
Management Committee
Article 6
1. There shall be established a Management Committee to consider the implementation of this Convention, any measures to secure uniformity in the interpretation and application thereof, and any amendments proposed thereto.
2. The Contracting Parties shall be members of the Management Committee.
3. The competent administration of any entity qualified to become a Contracting Party to this Convention under the provisions of Article 8 or of any Member of the World Trade Organisation shall be entitled to attend the sessions of the Management Committee as an observer. The status and rights of such observers shall be determined by a Council Decision. The aforementioned rights cannot be exercised before the entry into force of the Decision.
4. The Management Committee may invite the representatives of international governmental and non-governmental organisations to attend the sessions of the Management Committee as observers.
5. The Management Committee:
(a) shall recommend to the Contracting Parties: (i) amendments to the Body of this Convention,
(ii) amendments to the General Annex, the specific annexes and chapters therein and the incorporation of new chapters to the General Annex, and
(iii) the incorporation of new specific annexes and new chapters to specific annexes;
(b) may decide to amend recommended practices or to incorporate new recommended practices to specific annexes or chapters therein in accordance with Article 16;
(c) shall consider implementation of the provisions of this Convention in accordance with Article 13(4);
(d) shall review and update the Guidelines;
(e) shall consider any other issues of relevance to this Convention that may be referred to it;
(f) shall inform the Permanent Technical Committee and the Council of its decisions.
6. The competent administrations of the Contracting Parties shall communicate to the Secretary-General of the Council proposals under paragraph 5(a), (b), (c) or (d) of this Article and the reasons therefor, together with any requests for the inclusion of items on the agenda of the sessions of the Management Committee. The Secretary-General of the Council shall bring proposals to the attention of the competent administrations of the Contracting Parties and of the observers referred to in paragraphs 2, 3 and 4 of this Article.
7. The Management Committee shall meet at least once each year. It shall annually elect a Chairman and Vice-Chairman. The Secretary-General of the Council shall circulate the invitation and the draft agenda to the competent administrations of the Contracting Parties and to the observers referred to in paragraphs 2, 3 and 4 of this Article at least six weeks before the Management Committee meets.