Movement of scientific research equipment in Europe

Recommendation 664 (1972)

Author(s):

Parliamentary Assembly

Origin

Assembly debate on 25 January 1972 (23rd Sitting) (see Doc. 3068, report of the Committee on Science and Technology). Text adopted by the Assembly on 25 January 1972 (23rd Sitting).

The Assembly,

1. Recalling its Recommendations 461 (1966), 477 (1967) and 536 (1968), as well as its Order No. 310 (1971), on the stepping up of technological and scientific potential in Europe by seeking, inter alia, to facilitate scientific exchanges between European research laboratories ;

2. Expressing satisfaction at the interest aroused in scientific circles by its Committee on Science and Technology's work in this direction ;

3. Noting with satisfaction the practical results at scientific level achieved by existing working parties,

4. Recommends that the Committee of Ministers :

a invite member governments that have not already done so to ratify as soon as possible the 1968 Customs Convention on the Importation of Scientific Equipment drawn up under the auspices of the Customs Co-operation Council in consultation with the United Nations Educational, Scientific and Cultural Organisation (UNESCO) ;

b instruct an ad hoc committee of experts composed of scientists competent in the field to draw up an agreement along the lines of the annexed draft, facilitating the movement of scientific research equipment in Europe, in pursuance of Article 13 of the Customs Convention on the Importation of Scientific Equipment, which sets out minimum facilities and does not prevent the application of greater facilities which certain Contracting Parties grant or may grant in the future by unilateral provision or by virtue of bilateral or multilateral agreements ;

c invite member governments to sign and ratify this agreement as soon as possible.

Appendix

Draft Agreement to ease the movement of scientific research equipment in Europe

The governments of member States of the Council of Europe, signatory hereto,

1. Considering that the strengthening of scientific co-operation between research laboratories in Europe is likely to help step up European scientific and technological potential ;

2. Being convinced that the adoption of agreements to ease the movement of scientific equipment between European countries will promote the building of European unity ;

3. Acknowledging the Customs Convention on the Temporary Importation of Scientific Equipment, concluded in Brussels on 11 June 1968, as a major contribution to the solution of this problem ;

4. Considering that current provisions governing the movement of scientific equipment in Europe for purposes of research are implemented in a way that impedes scientific research ;

5. Considering that the provisions of the Customs Convention on the Temporary Importation of Scientific Equipment, concluded in Brussels on 11 June 1968, "set out the minimum facilities to be accorded. They do not prevent the application of greater facilities which certain Contracting Parties grant or may grant in future by unilateral provision or by virtue of bilateral or multilateral agreements" (Article 13 of the Customs Convention of 11 June 1968),

6. Have agreed as follows :

Article 1

- Scientific equipment granted temporary admission shall be re-exported within one year from the date of importation or exportation ;

- For valid reasons, the customs authorities may renew the period of temporary importation or exportation or extend the initial period ;

- The customs authorities of the country of temporary importation may require re-exportation of scientific equipment within a shorter period deemed adequate for fulfilment of the purpose of temporary importation ;

- The customs authorities of the country of temporary exportation may require re-importation of the scientific equipment within a shorter period deemed adequate for fulfilment of the purpose of temporary exportation.

Article 2

Each Contracting Party shall reduce to a minimum the customs formalities required in connection with the facilities granted under this Agreement. To this end :

1 Any scientific equipment for temporary exportation or importation shall be allocated a temporary movement book (a model of which is annexed hereto). The book shall contain a permanent identification form giving the specifications of the scientific equipment ; on this form, which shall always accompany the equipment, the customs authority under which the user establishment comes shall have certified that the equipment is being lawfully held. The book shall also contain sets of three detachable sheets, there being one set for each country concerned ; the first set shall be intended for temporary exportation formalities, the others for temporary importation or transit formalities. The first sheet in the first set shall be kept by the customs office conducting the verification at the departure from the institution of origin ; this office shall stamp the three sheets in the space provided. The second and third sheets shall accompany the equipment, and exit from the country shall be recorded thereon at the crossing of the frontier (tourist luggage system). At the return stage, re-entry into the country of temporary exportation shall be recorded on the same sheets. The sheets shall be delivered by the person concerned to the departure customs office. After examination, the latter shall certify thereon that the equipment has been duly returned to the user establishment, keeping one sheet and delivering the other to the user as a voucher. In the country of temporary importation, the procedure shall be as follows (there being another set of three detachable sheets) : entry into the country shall be recorded on all three sheets (tourist luggage system) and the frontier customs office shall keep the first sheet. At the consignee institution in that country, the customs authority conducting the verification shall record the arrival of the equipment on the second and third sheets accompanying the equipment. When the equipment leaves the country again, its exit shall be recorded on the second and third sheets. The frontier customs office shall keep the second sheet, which shall thus clear the first one. The third sheet shall be delivered to the user as a voucher. In the case of transit, the same procedure, based on the use of a set of three sheets, shall be followed. Only the space relating to arrival at the consignee establishment shall not be used.

2 Customs examination on the departure and arrival of scientific equipment shall, whenever appropriate, be effected at the place of use of the equipment. On crossing the frontier, the equipment shall be covered by the system applied for the personal baggage of tourists.

3 On the various sheets of the book for the temporary movement of scientific equipment, there shall be spaces for customs authorities' stamps as evidence that the equipment has left the country of origin, entered the destination country and arrived back in the country of origin.

Article 3

This Agreement shall be open to signature by the member States of the Council of Europe, who may become parties to it either by :

a signature without reservation in respect of ratification, or

b signature with reservation in respect of ratification followed by ratification.

Instruments of ratification shall be deposited with the Secretary General of the Council of Europe.

Article 4

This Agreement shall enter into force three months after the date on which three member States of the Council of Europe shall have signed the Agreement without reservation in respect of ratification or ratified the Agreement, in accordance with the provisions of Article 3.

As regards any member States who shall subsequently sign the Agreement without reservation in respect of ratification or who shall ratify it, the Agreement shall enter into force three months after such signature or after deposit of the instrument of ratification.

Article 5

The Committee of Ministers may invite any non-member States of the Council of Europe to accede to this Agreement. Accession shall take effect three months after deposit of the instrument of accession with the Secretary General of the Council of Europe.

Article 6

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe and States which have acceded to this Agreement of :

a the date of entry into force of the Agreement and the names of member States having signed without reservation as to ratification or having ratified the Agreement ;

b the deposit of any instrument of accession carried out in pursuance of the provisions of Article 5.

Article 7

This Agreement shall remain in force indefinitely.

Any Contracting Party may stop implementing the Agreement, in so far as it is concerned, by means of prior notification to this effect addressed to the Secretary General of the Council of Europe.