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2001 CUSTOMS AND EXCISE (MUTUAL ASSISTANCE) ACT, 2001 ARRANGEMENT

SECTIONS Section

1. Interpretation.
2. Conventions, Agreement and Protocols to have force

law. 3. Designation

national authority. 4. Designation

competent customs administration. 5. Application

Data Protection Act,

2. Designation

national supervisory authority. 7. Special forms

co-operation. 8. Regulations. 9.

fences. 10. Interpretation

Conventions. 11. Laying

orders and regulations before Houses

the Oireachtas. 12. Short title and commencement. FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE EIGHTH SCHEDULE NINTH SCHEDULE TENTH SCHEDULE Acts Referred to Data Protection Act, 1988 1988, No. 25 Number 2

2001 CUSTOMS AND EXCISE (MUTUAL ASSISTANCE) ACT, 2001 AN ACT TO GIVE THE FORCE

LAW TO THE CONVENTION DRAWN UP ON THE BASIS

ARTICLE K.3

THE TREATY ON EUROPEAN UNION ON THE USE

INFORMATION TECHNOLOGY FOR CUSTOMS PURPOSES DONE AT BRUSSELS ON THE 26TH DAY

JULY, 1995, THE AGREEMENT ON PROVISIONAL APPLICATION BETWEEN CERTAIN MEMBER STATES

THE EUROPEAN UNION

THE CONVENTION DRAWN UP ON THE BASIS

ARTICLE K.3

THE TREATY ON EUROPEAN UNION ON THE USE

INFORMATION TECHNOLOGY FOR CUSTOMS PURPOSES DONE AT BRUSSELS ON THE 26TH DAY

JULY, 1995, THE CONVENTION DRAWN UP ON THE BASIS

ARTICLE K.3

THE TREATY ON EUROPEAN UNION ON MUTUAL ASSISTANCE AND CO-OPERATION BETWEEN CUSTOMS ADMINISTRATIONS DONE AT BRUSSELS ON THE 18TH DAY

DECEMBER, 1997, THE PROTOCOL DRAWN UP ON THE BASIS

ARTICLE K.3

THE TREATY ON EUROPEAN UNION ON THE INTERPRETATION BY WAY

PRELIMINARY RULINGS BY THE COURT

JUSTICE

THE EUROPEAN COMMUNITIES

THE CONVENTION ON THE USE

INFORMATION TECHNOLOGY FOR CUSTOMS PURPOSES DONE AT BRUSSELS ON THE 29TH DAY

NOVEMBER, 1996 AND THE PROTOCOL DRAWN UP ON THE BASIS

ARTICLE K.3

THE TREATY ON EUROPEAN UNION ON THE SCOPE

THE LAUNDERING

PROCEEDS IN THE CONVENTION ON THE USE

INFORMATION TECHNOLOGY FOR CUSTOMS PURPOSES AND THE INCLUSION

THE REGISTRATION NUMBER

THE MEANS

TRANSPORT IN THE CONVENTION DONE AT BRUSSELS ON THE 12TH DAY

MARCH, 1999 AND TO PROVIDE FOR RELATED MATTERS. [9th March, 2001] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. 1.—

the European Union

the Convention drawn up on the basis

Article K.3

the Treaty on European Union on the use

information technology for customs purposes done at Brussels on the 26th day

July, 1995; “the CIS Convention” means the Convention, drawn up on the basis

Article K.3

the Treaty on European Union, on the use

information technology for customs purposes, done at Brussels on the 26th day

July, 1995, as amended by the 1999 Protocol; “Customs Information System” has the same meaning as it has in the CIS Convention; “the Customs Co-operation Convention” means the Convention, drawn up on the basis

Article K.3

the Treaty on European Union, on mutual assistance and co-operation between customs administrations, done at Brussels on the 18th day

December, 1997; “the Minister” means the Minister for Finance; “the 1996 Protocol” means the Protocol, drawn up on the basis

Article K.3

the Treaty on European Union, on the interpretation, by way

preliminary rulings, by the Court

Justice

the European Communities

the CIS Convention, done at Brussels on the 29th day

November, 1996; “the 1999 Protocol” means the Protocol, drawn up on the basis

Article K.3

the Treaty on European Union, on the scope

the laundering

proceeds in the Convention on the use

information technology for customs purposes and the inclusion

the registration number

the means

transport in the Convention, done at Brussels on the 12th day

March, 1999.

or Schedule to this Act unless it is indicated that reference to some other enactment is intended; (b) a reference to a subsection or paragraph is a reference to a subsection or paragraph

the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended; and (c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any enactment including this Act. Conventions, Agreement and Protocols to have force

law. 2.—

this Act, the Agreement, the CIS Convention, the 1996 Protocol, the 1999 Protocol and the Customs Co-operation Convention shall have the force

law in the State and judicial notice shall be taken

them.

reference there are set out in the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Schedules, respectively, to this Act— (a) the text in the English language

the CIS Convention, (b) the text in the English language

the Agreement, (c) the text in the English language

the 1996 Protocol, (d) the text in the English language

the Customs Co-operation Convention, (e) the text in the English language

the 1999 Protocol, (f) the text in the Irish language

the CIS Convention, (g) the text in the Irish language

the Agreement, (h) the text in the Irish language

the 1996 Protocol, (i) the text in the Irish language

the Customs Co-operation Convention, (j) the text in the Irish language

the 1999 Protocol. Designation

national authority. 3.—The Revenue Commissioners are hereby designated as the national authority for the purposes

Articles 7

the CIS Convention. Designation

competent customs administration. 4.—The Revenue Commissioners are hereby designated as the competent customs administration for the purposes

Article 10

the CIS Convention. Application

Data Protection Act, 1988. 5.—

this Act, the CIS Convention and the Customs Co-operation Convention, the Data Protection Act, 1988 , shall apply and have effect, with any necessary modifications, to the collection, processing, keeping, use or disclosure

personal data included in or received from the Customs Information System.

subsection

Article 21

the CIS Convention, section 7

the Data Protection Act, 1988 , shall apply as regards the liability

the State for injury caused to a person through the use

the Customs Information System in the State.

subsection

Article 25

the Customs Co-operation Convention, section 7

the Data Protection Act, 1988 , shall apply as regards the liability

the State for injury caused to a person through the processing

data communicated in the State. Designation

national supervisory authority. 6.—The Data Protection Commissioner is hereby designated as the national supervisory authority for the purposes

the CIS Convention and the Customs Co-operation Convention. Special forms

co-operation. 7.—

the Customs Co-operation Convention or any part

those Articles.

those Articles. Regulations. 8.—

enabling this Act and the Customs Co-operation Convention to have full effect.

subsection

personal data by the authority in the State receiving the data shall be authorised only for the purpose

preventing and detecting infringements

national customs provisions and prosecuting and punishing infringements

Community and national customs provisions, (b) provide that personal data may be forwarded by the authority in the State receiving the data without the consent

the authority supplying them to its customs administrations, its investigative authorities and its judicial bodies to enable them to prosecute and punish infringements

national and Community customs provisions; in all other cases consent to forward such data being necessary, (

1. c)provide for an individual's right to have personal data which have been communicated and found to be inaccurate, corrected or erased, (
2. d)provide for the recording by the communicating and recipient authorities

any personal data forwarded or received pursuant to the application

the Customs Co-operation Convention, (e) specify that the person in respect

whom personal data have been communicated may establish what data have been communicated and the use to which they have been put as well as setting out the circumstances under which this right may be restricted, (f) provide that personal data communicated shall be kept only for the period necessary for the purposes for which they were communicated.

the regulations.

the Government as the Minister considers appropriate having regard to the function

that other Minister

the Government in relation to the proposed regulations.

fences. 9.—Without prejudice to the generality

section 5

the aim specified in Article 2

the CIS Convention shall, save where such use is in accordance with and is subject to the conditions specified in Article 8

that Convention, be guilty

an

fence under the Data Protection Act, 1988 . Interpretation

Conventions. 10.—

Article 2

the 1996 Protocol, paragraph

that Article shall apply in the State.

the 1996 Protocol specifying that paragraph

that Article shall apply in the State, the Minister may by order declare that the declaration (the text

which shall be set out in the order) has been made. (b) On the commencement

an order under paragraph (a), subsection

Article 26

the Customs Co-operation Convention, paragraph

that Article shall apply in the State.

the Customs Co-operation Convention specifying that paragraph

that Article shall apply in the State, the Minister may by order declare that the declaration (the text

which shall be set out in the order) has been made. (b) On the commencement

an order under paragraph (a), subsection

any ruling or decision

, or expression

opinion by, the Court

Justice

the European Communities on any question as to the meaning or effect

any provision

the CIS Convention or the Customs Co-operation Convention. Laying

orders and regulations before Houses

the Oireachtas. 11.—A draft

every order or regulation proposed to be made under this Act shall be laid before each House

the Oireachtas and the order or, as the case may be, regulation shall not be made unless a resolution approving

the draft has been passed by each such House. Short title and commencement. 12.—

THE CIS CONVENTION CONVENTION DRAWN UP ON THE BASIS

ARTICLE K.3

THE TREATY ON EUROPEAN UNION, ON THE USE

INFORMATION TECHNOLOGY FOR CUSTOMS PURPOSES THE HIGH CONTRACTING PARTIES to this Convention, Member States

the European Union, REFERRING to the Act

the Council

the European Union

26 July 1995, RECALLING the commitments contained in the Convention on Mutual Assistance between Customs Administrations, signed in Rome on 7 September 1967, CONSIDERING that customs administrations are responsible, together with other competent authorities, at the external frontiers

the Community and within the territorial limit thereof, for the prevention, investigation and suppression

fences against not only Community rules, but also against national laws, in particular those laws covered by Articles 36 and 223

the Treaty establishing the European Community, CONSIDERING that a serious threat to public health, morality and security is constituted by the developing trend towards illicit trafficking

all kinds, CONVINCED that it is necessary to reinforce co-operation between customs administrations, by laying down procedures under which customs administrations may act jointly and exchange personal and other data concerned with illicit trafficking activities, using new technology for the management and transmission

such information, subject to the provisions

the Council

Europe Convention on the Protection

Individuals with Regard to Automatic Processing

Personal Data, done at Strasbourg on 28 January 1981, BEARING IN MIND that the customs administrations in their day-to-day work have to implement both Community and non-Community provisions, and that there is consequently an obvious need to ensure that the provisions

mutual assistance and administrative co-operation in both sectors evolve as far as possible in parallel, HAVE AGREED ON THE FOLLOWING PROVISIONS: CHAPTER I Definitions Article 1 For the purposes

this Convention, 1. The term ‘national laws’ means laws or regulations

a Member State, in the application

which the customs administration

that Member State has total or partial competence, concerning: — the movement

goods subject to measures

prohibition, restriction or control, in particular those measures covered by Articles 36 and 223

the Treaty establishing the European Community; — the transfer, conversion, concealment, or disguise

property or proceeds derived from, obtained directly or indirectly through or used in, illicit international drug trafficking.

1. The term ‘personal data’ means any information relating to an identified or identifiable individual.
2. The term ‘supplying Member State’ means a State which includes an item

data in the Customs Information System. CHAPTER II Establishment

a Customs Information System Article 2 1. The customs administrations

the Member States shall set up and maintain a joint automated information system for customs purposes, hereinafter referred to as the ‘Customs Information System’. 2. The aim

the Customs Information System, in accordance with the provisions

this Convention, shall be to assist in preventing, investigating and prosecuting serious contraventions

national laws by increasing, through the rapid dissemination

information, the effectiveness

the co-operation and control procedures

the customs administrations

the Member States. CHAPTER III Operation and Use

the Customs Information System Article 3 1. The Customs Information System shall consist

a central database facility and it shall be accessible via terminals in each Member State. It shall comprise exclusively data necessary to achieve its aim as stated in Article 2

transport; (iii) businesses; (

1. iv)persons; (
2. v)fraud trends; (
3. vi)availability

expertise. 2. The Commission shall ensure the technical management

the infrastructure

the Customs Information System in accordance with the rules provided for by the implementing measures adopted within the Council. The Commission shall report on the management to the committee referred to in Article

2. The Commission shall communicate to that committee the practical arrangements adopted for the technical management. Article 4 The Member States shall determine the items to be included in the Customs Information System relating to each

the categories (

1. i)to (
2. vi)in Article 3 to the extent that this is necessary to achieve the aim

the system. No items

personal data shall be included in any event within categories (v) and (vi)

Article 3

. The items

information included in respect

persons shall comprise no more than: (

1. i)name, maiden name, forenames and aliases; (
2. ii)date and place

birth; (iii) nationality; (

1. iv)sex; (
2. v)any particular objective and permanent physical characteristics; (
3. vi)reason for inclusion

data; (vii) suggested action; (viii) a warning code indicating any history

being armed, violent or escaping. In any case personal data listed in Article 6, first sentence

the Council

Europe Convention for the Protection

Individuals with Regard to Automatic Processing

Personal Data, done at Strasbourg on 28 January 1981, hereinafter referred to as the ‘1981 Strasbourg Convention’, shall not be included. Article 5 1. Data in categories (i) - (iv)

Article 3

shall be included in the Customs Information System only for the purpose

sighting and reporting, discreet surveillance or specific checks. 2. For the purpose

the suggested actions referred to in paragraph 1, personal data within any

the categories (i) - (iv)

Article 3

may be included in the Customs Information System only if, especially on the basis

prior illegal activities, there are real indications to suggest that the person concerned has committed, is in the act

committing, or will commit serious contraventions

national laws. Article 6 1. If the suggested actions referred to in Article 5

transport, business or person reported has been found; (ii) the place, time and reason for the check; (iii) the route and destination

the journey; (iv) persons accompanying the person concerned or occupants

the means

transport; (v) the means

transport used; (vi) objects carried; (vii) the circumstances under which the commodity, means

transport, business or person was found. When such information is collected in the course

discreet surveillance steps must be taken to ensure that the discreet nature

the surveillance is not jeopardized. 2. In the context

a specific check referred to in Article 5

transport and objects may be searched to the extent permissible and in accordance with the laws, regulations, and procedures

the Member State in which the search takes place. If the specific check is not permitted by the law

a Member State, it shall automatically be converted by that Member State into sighting and reporting. Article 7 1. Direct access to data included in the Customs Information System shall be reserved exclusively for the national authorities designated by each Member State. These national authorities shall be customs administrations, but may also include other authorities competent, according to the laws, regulations and procedures

the Member State in question, to act in order to achieve the aim stated in Article 2

its competent authorities which have been designated in accordance with paragraph 1 to have direct access to the Customs Information System stating, for each authority which data it may have access to and for what purposes. 3. Notwithstanding the provisions

paragraphs 1 and 2, Member States may, by unanimous agreement, permit access to the Customs Information System by international or regional organizations. Such agreement shall take the form

a protocol to this Convention. In reaching their decision the Member States shall take account

any reciprocal arrangements and any opinion

the Joint Supervisory Authority referred to in Article 18 on the adequacy

data protection measures. Article 8 1. The Member States may only use data obtained from the Customs Information System in order to achieve the aim stated in Article 2

and subject to any conditions imposed by the Member State which included it in the system. Such other use shall be in accordance with the laws, regulations and procedures

the Member State which seeks to use it and should take into account Principle 5.5.

the Recommendation R

17 September 1987

the Committee

Ministers

the Council

Europe. 2. Without prejudice to paragraphs 1 and 4

this Article and Article 7

that Member State, to act in order to achieve the aim stated in Article 2

the competent authorities it has designated in accordance with paragraph

2. Data obtained from the Customs Information System may, with the prior authorization

, and subject to any conditions imposed by, the Member State which included it in the System, be communicated for use by national authorities other than those designated under paragraph 2, non-Member States, and international or regional organizations wishing to make use

them. Each Member State shall take special measures to ensure the security

such data when it is being transmitted or supplied to services located outside its territory. Details

such measures must be communicated to the Joint Supervisory Authority referred to in Article 18. Article 9 1. The inclusion

data in the Customs Information System shall be governed by the laws, regulations and procedures

the supplying Member State unless this Convention lays down more stringent provisions. 2. The use

data obtained from the Customs Information System, including performance

any action under Article 5 suggested by the supplying Member State, shall be governed by the laws, regulations and procedures

the Member State using such data, unless this Convention lays down more stringent provisions. Article 10 1. Each

the Member States shall designate a competent customs administration which shall have national responsibility for the Customs Information System. 2. This administration shall be responsible for the correct operation

the Customs Information System within the Member State and shall take the measures necessary to ensure compliance with the provisions

this Convention. 3. The Member States shall inform one another

the competent administration referred to in paragraph 1. CHAPTER IV Amendment

Data Article 11

1. Only the supplying Member State shall have the right to amend, supplement, correct, or delete data which it has included in the Customs Information System.
2. Should a supplying Member State note, or have drawn to its attention, that the data it included are factually inaccurate or were included, or are stored contrary to this Convention, it shall amend, supplement, correct or delete the data, as appropriate, and shall advise the other Member States accordingly.
3. If one

the Member States has evidence to suggest that an item

data is factually inaccurate, or was included or is stored on the Customs Information System, contrary to this Convention, it shall advise the supplying Member State as soon as possible. The latter shall check the data concerned and, if necessary, correct or delete the item without delay. The supplying Member State shall advise the other Member States

any correction or deletion effected. 4. If, when including data in the Customs Information System, a Member State notes that its report conflicts with a previous report as to content or suggested action, it shall immediately advise the Member State which made the previous report. The two Member States shall then attempt to resolve the matter. In the event

disagreement, the first report shall stand, but those parts

the new report which do not conflict shall be included in the System. 5. Subject to the provisions

this Convention, where in any Member State a court, or other competent authority within that Member State, makes a final decision as to amendment, supplementation, correction, or deletion,

data in the Customs Information System, the Member States undertake mutually to enforce such a decision. In the event

conflict between such decisions

courts or other competent authorities in different Member States, including those referred to in Article 15

Data Article 12

1. Data included in the Customs Information System shall be kept only for the time necessary to achieve the purpose for which it was included. The need for its retention, shall be reviewed at least annually by the supplying Member State.
2. The supplying Member State may, within the review period, decide to retain data until the next review if its retention is necessary for the purposes for which it was included. Without prejudice to Article 15, if there is no decision to retain data it shall automatically be transferred to that part

the Customs Information System to which access shall be limited in accordance with paragraph

2. The Customs Information System shall automatically inform the supplying Member State

a scheduled transfer

data from the Customs Information System under paragraph 2, giving one month's notice. 4. Data transferred under paragraph 2 shall continue to be retained for one year within the Customs Information System, but, without prejudice to Article 15, shall be accessible only to a representative

the committee referred to in Article 16 or to the supervisory authorities referred to in Articles 17

checking its accuracy and lawfulness, after which it must be deleted. CHAPTER VI Personal Data Protection Article 13 1. Each Member State intending to receive personal data from, or include it in, the Customs Information System shall, no later than the time

entry into force

this Convention, adopt the national legislation sufficient to achieve a level

protection

personal data at least equal to that resulting from the principles

the 1981 Strasbourg Convention. 2. A Member State shall receive personal data from, or include it in, the Customs Information System only where the arrangements for the protection

such data provided for in paragraph 1 have entered into force in the territory

that Member State. The Member State shall also have previously designated a national supervisory authority or authorities in accordance with Article 17. 3. In order to ensure the proper application

the data protection provisions in this Convention, the Customs Information System shall be regarded in every Member State as a national data file subject to the national provisions referred to in paragraph 1 and any more stringent provisions contained in this Convention. Article 14 1. Subject to Article 8

the aim stated in Article 2

persons with regard to personal data in the Customs Information System, in particular their right

access, shall be put into effect in accordance with the laws, regulations and procedures

the Member State in which such rights are invoked. If laid down in the laws, regulations and procedures

the Member State concerned, the national supervisory authority provided for in Article 17 shall decide whether information is to be communicated and the procedures for so doing. A Member State which has not supplied the data concerned may only communicate data if it has first given the supplying Member State an opportunity to adopt its position. 2. A Member State, to which an application for access to personal data is made, shall refuse access if access may undermine the performance

the legal task specified in the report pursuant to Article 5

others. Access shall be refused in any event during the period

discreet surveillance or sighting and reporting. 3. In each Member State, a person may, according to the laws, regulations and procedures

the Member State concerned, have personal data relating to himself corrected or deleted if that data is factually inaccurate, or was included or is stored in the Customs Information System contrary to the aim stated in Article 2

this Convention or to the provisions

Article 5

the 1981 Strasbourg Convention. 4. In the territory

each Member State, any person may, in accordance with the laws, regulations and procedures

the Member State in question, bring an action or, if appropriate, a complaint before the courts or the authority competent under the laws, regulations and procedures

that Member State concerning personal data relating to himself on the Customs Information System, in order to: (

1. i)correct or delete factually inaccurate personal data; (
2. ii)correct or delete personal data included or stored in the Customs Information System contrary to this Convention; (iii) obtain access to personal data; (
3. iv)obtain compensation pursuant to Article 21

any Member State to appeal against a decision taken by a court or other competent authority. CHAPTER VII Institutional Framework Article 16 1. A Committee consisting

representatives from the Customs Administrations

the Member States shall be set up. The Committee shall take its decisions unanimously where the provisions

the first indent

paragraph 2 are concerned and by a two-thirds majority where the provisions

the second indent

paragraph 2 are concerned. It shall adopt its rules

procedure unanimously. 2. The Committee shall be responsible: — for the implementation and correct application

the provisions

this Convention, without prejudice to the powers

the authorities referred to in Articles 17

the Customs Information System with regard to technical and operational aspects. The Committee shall take all necessary steps to ensure that the measures set out in Articles 12 and 19 are properly implemented with regard to the Customs Information System. For the purpose

applying this paragraph, the Committee may have direct access to, and use

, data from the Customs Information System. 3. The Committee shall report annually to the Council, in accordance with Title VI

the Treaty on European Union, regarding the efficiency and effectiveness

the Customs Information System, making recommendations as necessary.

1. The Commission shall be party to the Committee's proceedings. CHAPTER VIII Personal Data Protection Supervision Article 17
2. Each Member State shall designate a national supervisory authority or authorities responsible for personal data protection to carry out independent supervision

such data included in the Customs Information System. The supervisory authorities, in accordance with their respective national laws shall carry out independent supervision and checks, to ensure that the processing and use

data held in the Customs Information System do not violate the rights

the person concerned. For this purpose the supervisory authorities shall have access to the Customs Information System. 2. Any person may ask any national supervisory authority to check personal data relating to himself on the Customs Information System and the use which has been or is being made

that data. That right shall be governed by the laws, regulations and procedures

the Member State in which the request is made. If the data has been included by another Member State, the check shall be carried out in close co-ordination with that Member State's national supervisory authority. Article 18 1. A Joint Supervisory Authority shall be set up, consisting

two representatives from each Member State drawn from the respective independent national supervisory authority or authorities. 2. The Joint Supervisory Authority shall perform its task in accordance with the provisions

this Convention and

the 1981 Strasbourg Convention taking into account Recommendation R

17 September 1987,

the Committee

Ministers

the Council

Europe. 3. The Joint Supervisory Authority shall be competent to supervise operation

the Customs Information System, to examine any difficulties

application or interpretation which may arise during its operation, to study problems which may arise with regard to the exercise

independent supervision by the national supervisory authorities

the Member States, or in the exercise

rights

access by individuals to the System, and to draw up proposals for the purpose

finding joint solutions to problems. 4. For the purpose

fulfilling its responsibilities, the Joint Supervisory Authority shall have access to the Customs Information System. 5. Reports drawn up by the Joint Supervisory Authority shall be forwarded to the authorities to which the national supervisory authorities submit their reports. CHAPTER IX Security

the Customs Information System Article 19 1. All necessary administrative measures to maintain security shall be taken: (i) by the competent authorities

the Member States in respect

the terminals

the Customs Information System in their respective States; (ii) by the Committee referred to in Article 16 in respect

the Customs Information System and the terminals located on the same premises as the System and used for technical purposes and the checks required by paragraph

2. In particular the competent authorities and the committee referred to in Article 16 shall take measures: (i) to prevent any unauthorized person from having access to installations used for the processing

data; (ii) to prevent data and data media from being read, copied, modified or removed by unauthorized persons; (iii) to prevent the unauthorized entry

data and any unauthorized consultation, modification, or deletion

data; (iv) to prevent data in the Customs Information System from being accessed by unauthorized persons by means

data transmission equipment; (v) to guarantee that, with respect to the use

the Customs Information System, authorized persons have right

access only to data for which they have competence; (vi) to guarantee that it is possible to check and establish to which authorities data may be transmitted by data transmission equipment; (vii) to guarantee that it is possible to check and establish a posteriori what data has been introduced into the Customs Information System, when and by whom, and to monitor interrogation; (viii) to prevent the unauthorized reading, copying, modification or deletion

data during the transmission

data and the transport

data media. 3. The committee referred to in Article 16 shall monitor interrogation

the Customs Information System for the purpose

checking that searches made were admissible and were made by authorized users. At least 1%

all searches made shall be checked. A record

such searches and checks shall be maintained in the System, shall be used only for the abovementioned purpose by the said committee and the supervisory authorities referred to in Articles 17 and 18, and shall be deleted after six months. Article 20 The competent customs administration referred to in Article 10

this Convention shall be responsible for the security measures set out in Article 19, in relation to the terminals located in the territory

the Member State concerned, the review functions set out in Article 12

this Convention so far as is necessary under the laws, regulations and procedures

that Member State. CHAPTER X Responsibilities and Liabilities Article 21 1. Each Member State shall be responsible for the accuracy, currency and lawfulness

data it has included in the Customs Information System. Each Member State shall also be responsible for complying with the provisions

Article 5

the 1981 Strasbourg Convention. 2. Each Member State shall be liable, in accordance with its own laws, regulations and procedures for injury caused to a person through the use

the Customs Information System in the Member State concerned. This shall also be the case where the injury was caused by the supplying Member State entering inaccurate data or entering data contrary to this Convention. 3. If the Member State against which an action in respect

inaccurate data is brought is not the Member State which supplied it, the Member States concerned shall seek agreement as to what proportion, if any,

the sums paid out in compensation shall be reimbursed by the supplying Member State to the other Member State. Any such sums agreed shall be reimbursed on request. Article 22 1. The costs incurred in connection with the operation and use

the Customs Information System by the Member States on their territories shall be borne by each

them. 2. Other expenditure incurred in the implementation

this Convention, except for that which cannot be kept separate from the operation

the Customs Information System for the purpose

applying the customs and agricultural rules

the Community, shall be borne by the Member States. Each Member State's share shall be determined according to the proportion

its gross national product to the sum total

the gross national products

the Member States for the year preceding the year in which the costs are incurred. For the purpose

applying this paragraph, the expression ‘gross national product’ means the gross national product determined in accordance with Council Directive 89/130/EEC, Euratom

13 February 1989 on the harmonization

the compilation

gross national product at market prices or any amending or replacing Community instrument. CHAPTER XI Implementation and Final Provisions Article 23 The information provided for under this Convention shall be exchanged directly between the authorities

the Member States. Article 24

1. This Convention shall be subject to adoption by the Member States in accordance with their respective constitutional requirements.
2. Member States shall notify the Secretary-General

the Council

the European Union

the completion

their constitutional requirements for adopting this Convention.

1. This Convention shall enter into force ninety days after the notification, referred to in paragraph 2, by the last Member State to fulfil that formality. Article 25
2. This Convention shall be open to accession by any State that becomes a member

the European Union. 2. The text

this Convention in the language

the acceding State, drawn up by the Council

the European Union, shall be authentic. 3. Instruments

accession shall be deposited with the depositary. 4. This Convention shall enter into force with respect to any State that accedes to it ninety days after the deposit

its instrument

accession or on the date

entry into force

the Convention if it has not already entered into force at the time

expiry

the said period

ninety days. Article 26 1. The Secretary-General

the Council

the European Union shall act as depositary

this Convention. 2. The depositary shall publish in the

ficial Journal

the European Communities information on the progress

adoptions and accessions, declarations and reservations, and also any other notification concerning this Convention. Article 27 1. Any dispute between Member States on the interpretation or application

this Convention must in an initial stage be examined by the Council in accordance with the procedure set out in Title VI

the Treaty on European Union with a view to reaching a solution. If no solution is found within six months, the matter may be referred to the Court

Justice

the European Communities by a party to the dispute. 2. Any dispute between one or more Member States and the Commission

the European Communities concerning the application

this Convention which it has proved impossible to settle through negotiation may be submitted to the Court

Justice. Done at Brussels on the twenty-sixth day

July in the year one thousand nine hundred and ninety-five in a single original, in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic, such original remaining deposited in the archives

the General Secretariat

the Council

the European Union. SECOND SCHEDULE THE TEXT IN THE ENGLISH LANGUAGE

THE AGREEMENT AGREEMENT ON PROVISIONAL APPLICATION BETWEEN CERTAIN MEMBER STATES

THE EUROPEAN UNION

THE CONVENTION DRAWN UP ON THE BASIS

ARTICLE K.3

THE TREATY ON EUROPEAN UNION ON THE USE

INFORMATION TECHNOLOGY FOR CUSTOMS PURPOSES THE KINGDOM

BELGIUM, THE KINGDOM

DENMARK, THE FEDERAL REPUBLIC

GERMANY, THE HELLENIC REPUBLIC, THE KINGDOM

SPAIN, THE FRENCH REPUBLIC, IRELAND, THE ITALIAN REPUBLIC, THE GRAND DUCHY

LUXEMBOURG, THE KINGDOM

THE NETHERLANDS, THE REPUBLIC

AUSTRIA, THE PORTUGUESE REPUBLIC, THE REPUBLIC

FINLAND, THE KINGDOM

SWEDEN, THE UNITED KINGDOM

GREAT BRITAIN AND NORTHERN IRELAND, Member States

the European Union and signatories

the Convention drawn up on the basis

Article K.3

the Treaty on European Union on the use

information technology for customs purposes,

26 July 1995, hereinafter referred to as the ‘Convention’, HAVING REGARD to the importance

early application

the Convention; WHEREAS, pursuant to Article K.7

the Treaty on European Union, the provisions

Title VI

that Treaty do not prevent the establishment or development

closer cooperation between two or more Member States insofar as such cooperation does not conflict with, or impede, that provided for in Title VI

the said Treaty; WHEREAS provisional application between certain Member States

the European Union

the Convention would not conflict with, or impede, the cooperation provided for in Title VI

the Treaty on European Union, HAVE AGREED AS FOLLOWS: Article 1 For the purposes

this Agreement: — ‘Convention’ means the Convention drawn up on the basis

Article K.3

the Treaty on European Union on the use

information technology for customs purposes; — ‘High Contracting Parties’ means the Member States

the European Union, parties to the Convention; — ‘Parties’ means the Member States

the European Union, parties to this Agreement. Article 2 The Convention shall apply provisionally between the High Contracting Parties parties to this Agreement as

from the first day

the third month following the deposit

the instrument

approval, acceptance or ratification

this Agreement by the eighth High Contracting Party to do so. Article 3 The transitional provisions necessary for provisional application

the Convention shall be adopted by common accord amongst the High Contracting Parties between which the Convention is to apply provisionally and in consultation with the other High Contracting Parties. During this period

provisional application, the functions

the Committee provided for in Article 16

the Convention shall be exercised by the High Contracting Parties acting by common accord in close association with the Commission

the European Communities. Article 7

the Convention shall not be implemented during that period. Article 4 1. This Agreement shall be open for signing by the Member States signatories

the Convention. It shall be subject to approval, acceptance or ratification. It shall enter into force on the first day

the third month following the deposit

the instrument

approval, acceptance or ratification by the eighth High Contracting Party to do so. 2. For any High Contracting Party depositing its instrument

approval, acceptance or ratification at a later date, this Agreement shall enter into force on the first day

the third month following such deposit. 3. Instruments

approval, acceptance or ratification shall be deposited with the Secretary-General

the Council

the European Union, who shall act as depositary. Article 5 This Agreement, drawn up in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic, shall be deposited with the Secretary-General

the Council

the European Union, who shall transmit a certified copy to each

the Parties. Article 6 This Agreement shall expire upon entry into force

the Convention. Done at Brussels on the twenty-sixth day

July in the year one thousand nine hundred and ninety-five in a single original, in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic, such original remaining deposited in the archives

the General Secretariat

the Council

the European Union. THIRD SCHEDULE THE TEXT IN THE ENGLISH LANGUAGE

THE 1996 PROTOCOL PROTOCOL DRAWN UP ON THE BASIS

ARTICLE K.3

THE TREATY ON EUROPEAN UNION, ON THE INTERPRETATION, BY WAY

PRELIMINARY RULINGS, BY THE COURT

JUSTICE

THE EUROPEAN COMMUNITIES

THE CONVENTION ON THE USE

INFORMATION TECHNOLOGY FOR CUSTOMS PURPOSES THE HIGH CONTRACTING PARTIES, HAVE AGREED on the following provisions, which shall be annexed to the Convention: Article 1 The Court

Justice

the European Communities shall have jurisdiction, under the conditions laid down in this Protocol, to give preliminary rulings on the interpretation

the Convention on the use

information technology for customs purposes. Article 2 1. By a declaration made at the time

the signing

this Protocol or at any time thereafter, any Member State shall be able to accept the jurisdiction

the Court

Justice

the European Communities to give preliminary rulings on the interpretation

the Convention on the use

information technology for customs purposes under the conditions specified in either paragraph 2(

1. a)or paragraph 2(b). 2. A Member State making a declaration under paragraph 1 may specify that either: (
2. a)any court or tribunal

that State against whose decisions there is no judicial remedy under national law may request the Court

Justice

the European Communities to give a preliminary ruling on a question raised in a case pending before it and concerning the interpretation

the Convention on the use

information technology for customs purposes if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment, or (b) any court or tribunal

that State may request the Court

Justice

the European Communities to give a preliminary ruling on a question raised in a case pending before it and concerning the interpretation

the Convention on the use

information technology for customs purposes if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment. Article 3 1. The Protocol on the Statute

the Court

Justice

the European Communities and the Rules

Procedure

that Court

Justice shall apply. 2. In accordance with the Statute

the Court

Justice

the European Communities, any Member State, whether or not it has made a declaration pursuant to Article 2, shall be entitled to submit statements

case or written observations to the Court

Justice

the European Communities in cases which arise under Article

1. Article 4
2. This Protocol shall be subject to adoption by the Member States in accordance with their respective constitutional requirements.
3. Member States shall notify the depositary

the completion

their respective constitutional requirements for adopting this Protocol and communicate to him any declaration made pursuant to Article

2. This Protocol shall enter into force ninety days after the notification, referred to in paragraph 2, by the Member State which, being a member

the European Union on the date

adoption by the Council

the act drawing up this Protocol, is the last to fulfil that formality. However, it shall at the earliest enter into force at the same time as the Convention on the use

information technology for customs purposes. Article 5 1. This Protocol shall be open to accession by any State that becomes a member

the European Union. 2. Instruments

accession shall be deposited with the depositary. 3. The text

this Protocol in the language

the acceding State, drawn up by the Council

the European Union, shall be authentic. 4. This Protocol shall enter into force with respect to any State that accedes to it ninety days after the date

deposit

its instrument

accession, or on the date

the entry into force

this Protocol if the latter has not yet come into force when the said period

ninety days expires. Article 6 Any State that becomes a member

the European Union and accedes to the Convention on the use

information technology for customs purposes in accordance with Article 25 thereof shall accept the provisions

this Protocol. Article 7

1. Amendments to this Protocol may be proposed by any Member State, being a High Contracting Party. Any proposal for an amendment shall be sent to the depositary, who shall forward it to the Council.
2. Amendments shall be established by the Council, which shall recommend that they be adopted by the Member States in accordance with their respective constitutional requirements.
3. Amendments thus established shall enter into force in accordance with the provisions

Article 4. Article 8 1.

The Secretary-General

the Council

the European Union shall act as depositary

this Protocol. 2. The depositary shall publish in the

ficial Journal

the European Communities the notifications, instruments or communications concerning this Protocol. Done at Brussels, this twenty-ninth day

November in the year one thousand nine hundred and ninety-six, in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic. FOURTH SCHEDULE THE TEXT IN THE ENGLISH LANGUAGE

THE CUSTOMS COOPERATION CONVENTION CONVENTION DRAWN UP ON THE BASIS

ARTICLE K.3

THE TREATY ON EUROPEAN UNION, ON MUTUAL ASSISTANCE AND COOPERATION BETWEEN CUSTOMS ADMINISTRATIONS THE HIGH CONTRACTING PARTIES to this Convention, Member States

the European Union, REFERRING to the Act

the Council

the European Union

18 December 1997; RECALLING the need to strengthen the commitments contained in the Convention on Mutual Assistance between Customs Administrations, signed in Rome on 7 September 1967; CONSIDERING that customs administrations are responsible on the customs territory

the Community and, in particular at its points

entry and exit, for the prevention, investigation and suppression

fences not only against Community rules, but also against national laws, in particular the cases covered by Articles 36 and 223

the Treaty establishing the European Community; CONSIDERING that a serious threat to public health, morality and security is constituted by the developing trend towards illicit trafficking

all kinds; CONSIDERING that particular forms

cooperation involving cross-border actions for the prevention, investigation and prosecution

certain infringements

both the national legislation

the Member States and Community customs regulations should be regulated, and that such cross-border actions must always be carried out in compliance with the principles

legality (conforming with the relevant law applicable in the requested Member State and with the directives

the competent authorities

that Member State), subsidiarity (such actions to be launched only if it is clear that other less significant actions are not appropriate) and proportionality (the scale and duration

the action to be determined in the light

the seriousness

the presumed infringement); CONVINCED that it is necessary to reinforce cooperation between customs administrations, by laying down procedures under which customs administrations may act jointly and exchange data concerned with illicit trafficking activities; BEARING IN MIND that the customs administrations in their day-to-day work have to implement both Community and national provisions, and that there is consequently an obvious need to ensure that the provisions

mutual assistance and cooperation in both sectors evolve as far as possible in parallel, HAVE AGREED ON THE FOLLOWING PROVISIONS: TITLE I — GENERAL PROVISIONS Article 1 Scope 1. Without prejudice to the competencies

the Community, the Member States

the European Union shall provide each other with mutual assistance and shall cooperate with one another through their customs administrations, with a view to: — preventing and detecting infringements

national customs provisions, and — prosecuting and punishing infringements

Community and national customs provisions. 2. Without prejudice to Article 3, this Convention shall not affect the provisions applicable regarding mutual assistance in criminal matters between judicial authorities, more favourable provisions in bilateral or multilateral agreements between Member States governing cooperation as provided for in paragraph 1 between the customs authorities or other competent authorities

the Member States, or arrangements in the same field agreed on the basis

uniform legislation or

a special system providing for the reciprocal application

measures

mutual assistance. Article 2 Powers The customs administrations shall apply this Convention with the limits

the powers conferred upon them under national provisions. Nothing in this Convention may be construed as affecting the powers conferred under national provisions upon the customs administrations within the meaning

this Convention. Article 3 Relationship to mutual assistance provided by the judicial authorities 1. This Convention covers mutual assistance and cooperation in the framework

criminal investigations concerning infringements

national and Community customs provisions, concerning which the applicant authority has jurisdiction on the basis

the national provisions

the relevant Member State. 2. Where a criminal investigation is carried out by or under the direction

a judicial authority, that authority shall determine whether requests for mutual assistance or cooperation in that connection shall be submitted on the basis

the provisions applicable concerning mutual assistance in criminal matters or on the basis

this Convention. Article 4 Definitions For the purposes

this Convention, the following definitions shall apply: 1. ‘National customs provisions’: all laws, regulations and administrative provisions

a Member State the application

which comes wholly or partly within the jurisdiction

the customs administration

that Member State concerning: — cross-border traffic in goods subject to bans, restrictions or controls, in particular under Articles 36 and 223

the Treaty establishing the European Community; — non-harmonised excise duties; 2. ‘Community customs provisions’: — the body

Community provisions and associated implementing provisions governing the import, export, transit and presence

goods traded between Member States and third countries, and between Member States in the case

goods that do not have Community status within the meaning

Article 9

the Treaty establishing the European Community or goods subject to additional controls or investigations for the purposes

establishing their Community status; — the body

provisions adopted at Community level under the common agricultural policy and the specific provisions adopted with regard to goods resulting from the processing

agricultural products; — the body

provisions adopted at Community level for harmonised excise duties and for value-added tax on importation together with the national provisions implementing them; 3. ‘infringements’: acts in conflict with national or Community customs provisions, including, inter alia: — participation in, or attempts to commit, such infringements, — participation in a criminal organization committing such infringements, — the laundering

money deriving from the infringements referred to in this paragraph; 4. ‘mutual assistance’: the granting

assistance between customs administrations as provided for in this Convention; 5. ‘applicant authority’: the competent authority

the Member State which makes a request for assistance; 6. ‘requested authority’: the competent authority

the Member State to which a request for assistance is made; 7. ‘customs administrations’: Member States' customs authorities as well as other authorities with jurisdiction for implementing the provisions

this Convention; 8. ‘personal data’: all information relating to an identified or identifiable natural person; a person is considered to be identifiable if he or she can be directly or indirectly identified, inter alia by means

an identification number or

one or more specific elements which are characteristic

his or her physical, physiological, psychological, economic, cultural or social identity; 9. ‘cross-border cooperation’: cooperation between customs administrations across the borders

each Member State. Article 5 Central coordinating units

1. Member States shall appoint in their customs authorities a central unit (coordinating unit). It shall be responsible for receiving all applications for mutual assistance under this Convention and for coordinating mutual assistance, without prejudice to paragraph
2. The unit shall also be responsible for cooperation with other authorities involved in an assistance measure under this Convention. The coordinating units

the Member States shall maintain the necessary direct contract with each other, particularly in the cases covered by Title IV. 2. The activity

the central coordinating units shall not exclude, particularly in an emergency, direct cooperation between other services

the customs authorities

the Member States. For reasons

efficiency and consistency, the central coordinating units shall be informed

any action involving such direct cooperation.

1. If the customs authority is not, or not completely, competent to process a request, the central coordinating unit shall forward the request to the competent national authority and inform the applicant authority that it has done so.
2. If it is not possible to accede to the request for legal or substantive reasons, the coordinating unit shall return the request to the applicant authority with an explanation as to why the request could not be processed. Article 6 Liaison

ficers 1. Member States may make agreements between themselves on the exchange

liaison

ficers for limited or unlimited periods, and on mutually-agreed conditions. 2. Liaison

ficers shall have no powers

intervention in the host country. 3. In order to promote cooperation between Member States' customs administrations, liaison

ficers may, with the agreement or at the request

the competent authorities

the Member States, have the following duties: (a) promoting and speeding up the exchange

information between the Member States; (

1. b)providing assistance in investigations which relate to their own Member State or the Member State they represent; (
2. c)providing support in dealing with requests for assistance; (
3. d)advising and assisting the host country in preparing and carrying out cross-border operations; (
4. e)any other duties which Member States may agree between themselves. 4. Member States may agree bilaterally or multilaterally on the terms

reference and the location

the liaison

ficers. Liaison

ficers may also represent the interests

one or more Member States. Article 7 Obligation to prove identity Unless otherwise specified in this Convention,

ficers

the applicant authority present in another Member State in order to exercise the rights laid down in this Convention shall at all times be able to produce written authority stating their identity and their

ficial functions. TITLE II — ASSISTANCE ON REQUEST Article 8 Principles 1. In order to provide the assistance required under this Title, the requested authority or the competent authority which it has addressed shall proceed as though it were acting on its own account or at the request

another authority in its own Member State. In so doing it shall avail itself

all the legal powers at its disposal within the framework

its national law in order to respond to the request. 2. The requested authority shall extend this assistance to all circumstances

the infringement which have any recognizable bearing on the subject

the request for assistance without this requiring any additional request. In case

doubt, the requested authority shall firstly contact the applicant authority. Article 9 Form and content

the request for assistance 1. Requests for assistance shall always be made in writing. Documents necessary for the execution

such requests shall accompany the request. 2. Requests pursuant to paragraph 1 shall include the following information: (

1. a)the applicant authority making the request; (
2. b)the measure requested; (
3. c)the object

, and the reason for, the request; (

1. d)the laws, rules and other legal provisions involved; (
2. e)indications as exact and comprehensive as possible on the natural or legal persons being the target

the investigations; (f) a summary

the relevant facts, except in cases provided for in Article 13. 3. Requests shall be submitted in an

ficial language

the Member State

the requested authority or in a language acceptable to such authority. 4. When required because

the urgency

the situation, oral requests shall be accepted, but must be confirmed in writing as soon as possible.

1. If a request does not meet the formal requirements, the requested authority may ask for it to be corrected or completed; measures necessary to comply with the request may be commenced in the meantime.
2. The requested authority shall agree to apply a particular procedure in response to a request, provided that that procedure is not in conflict with the legal and administrative provisions

the requested Member State. Article 10 Requests for information 1. At the request

the applicant authority, the requested authority shall communicate to it all information which may enable it to prevent, detect and prosecute infringements. 2. The information communicated is to be accompanied by reports and other documents, or certified copies or extracts

the same, on which that information is based and which are in the possession

the requested authority or which were produced or obtained in order to execute the request for information. 3. By agreement between the applicant authority and the requested authority,

ficers authorised by the applicant authority may, subject to detailed instructions from the requested authority, obtain information pursuant to paragraph 1 from the

fices

the requested Member State. This shall apply to all information derived from the documentation to which the staff

those

fices have access. Those

ficers shall be authorized to take copies

the said documentation. Article 11 Requests for surveillance At the request

the applicant authority, the requested authority shall as far as possible keep a special watch or arrange for a special watch to be kept on persons where there are serious grounds for believing that they have infringed Community or national customs provisions or that they are committing or have carried out preparatory acts with a view to the commission

such infringements. At the request

the applicant authority, the requested authority shall also keep a watch on places, means

transport and goods connected with activities which might be in breach

the abovementioned customs provisions. Article 12 Requests for enquiries 1. The requested authority shall at the request

the applicant authority carry out, or arrange to have carried out, appropriate enquiries concerning operations which constitute, or appear to the applicant authority to constitute, infringements. The requested authority shall communicate the results

such enquiries to the applicant authority. Article 10

ficers appointed by the applicant authority may be present at the enquiries referred to in paragraph 1. Enquiries shall at all times be carried out by

ficers

the requested authority. The applicant authority's

ficers may not,

their own initiative, assume the powers conferred on

ficers

the requested authority. They shall, however, have access to the same premises and the same documents as the latter, through their intermediary and for the sole purpose

the enquiry being carried out. Article 13 Notification 1. At the request

the applicant authority, the requested authority shall, in accordance with the national rules

the Member State in which it is based, notify the addressee or have it notified

all instruments or decisions which emanate from the competent authorities

the Member State in which the applicant authority is based and concern the application

this Convention. 2. Requests for notification, mentioning the subject

the instrument or decision to be notified, shall be accompanied by a translation in the

ficial language or an

ficial language

the Member State in which the requested authority is based, without prejudice to the latter's right to waive such a translation. Article 14 Use as evidence Findings, certificates, information, documents, certified true copies and other papers obtained in accordance with their national law by

ficers

the requested authority and transmitted to the applicant authority in the cases

assistance provided for in Articles 10 to 12 may be used as evidence in accordance with national law by the competent bodies

the Member State where the applicant authority is based. TITLE III — SPONTANEOUS ASSISTANCE Article 15 Principle The competent authorities

each Member State shall, as laid down in Articles 16 and 17, subject to any limitations imposed by national law, provide assistance to the competent authorities

the other Member States without prior request. Article 16 Surveillance Where it serves the prevention, detection and prosecution

infringements in another Member State, each Member State's competent authorities shall: (

1. a)as far as is possible keep, or have kept, the special watch described in Article 11; (
2. b)communicate to the competent authorities

the other Member States concerned all information in their possession and, in particular, reports and other documents or certified true copies or extracts thereof, concerning operations which are connected with a planned or committed infringement. Article 17 Spontaneous information The competent authorities

each Member State shall immediately send to the competent authorities

the other Member States concerned all relevant information concerning planned or committed infringements and, in particular, information concerning the goods involved and new ways and means

committing such infringements. Article 18 Use as evidence Surveillance reports and information obtained by

ficers

one Member State and communicated to another Member State in the course

the spontaneous assistance provided for in Articles 15 to 17 may be used in accordance with national law as evidence by the competent bodies

the Member State receiving the information. TITLE IV — SPECIAL FORMS

COOPERATION Article 19 Principles 1. Customs administrations shall engage in cross-border cooperation in accordance with this Title. They shall provide each other with the necessary assistance in terms

staff and organization support. Requests for cooperation shall, as a rule, take the form

requests for assistance in accordance with Article 9. In specific cases referred to in this Title,

ficers

the applicant authority may engage in activities in the territory

the requested State, with the approval

the requested authority. Coordination and planning

cross-border operations shall be the responsibility

the central coordinating units in accordance with Article

2. Cross-border cooperation within the meaning

paragraph 1 shall be permitted for the prevention, investigation and prosecution

infringements in cases

: (a) illicit traffic in drugs and psychotropic substances, weapons, munitions, explosive materials, cultural goods, dangerous and toxic waste, nuclear material or materials or equipment intended for the manufacture

atomic, biological and/or chemical weapons (prohibited goods); (b) trade in substances listed in Tables I and II

the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and intended for the illegal manufacture

drugs (precursor substances); (c) illegal cross-border commercial trade in taxable goods to evade tax or to obtain unauthorised State payments in connection with the import or export

goods, where the extent

the trade and the related risk to taxes and subsidies is such that the potential financial cost to the budget

the European Communities or the Member States is considerable; (d) any other trade in goods prohibited by Community or national customs rules. 3. The requested authority shall not be obliged to engage in the specific forms

cooperation referred to in this Title if the type

investigation sought is not permitted or not provided for under the national law

the requested Member State. In this case, the applicant authority shall be entitled to refuse, for the same reason, the corresponding type

cross-border cooperation in the reverse case, where it is requested by an authority

the requested Member State. 4. If necessary under the national law

the Member States, the participating authorities shall apply to their judicial authorities for approval

the planned investigations. Where the competent judicial authorities make their approval subject to certain conditions and requirements, the participating authorities shall ensure that those conditions and requirements are observed in the course

the investigations. 5. Where

ficers

a Member State engage in activities in the territory

another Member State by virtue

this Title and cause damage by their activities, the Member State in whose territory the damage was caused shall make good the damage, in accordance with its national legislation in the same way as it would have done if the damage had been caused by its own

ficers. That Member State will be reimbursed in full by the Member State whose

ficers have caused the damage for the amounts it has paid to the victims or to other entitled persons or institutions. 6. Without prejudice to the exercise

its rights vis-à-vis third parties and notwithstanding the obligation to make good damages according to the second sentence

paragraph 5, each Member State shall refrain, in the case provided for in the first sentence

paragraph 5, from requesting reimbursement

the amount

damages it has sustained from another Member State. 7. Information obtained by

ficers during cross-border cooperation provided for in Articles 20 to 24 may be used, in accordance with national law and subject to particular conditions laid down by the competent authorities

the State in which the information was obtained, as evidence by the competent bodies

the Member State receiving the information. 8. In the course

the operations referred to in Articles 20 to 24,

ficers on mission in the territory

another Member State shall be treated in the same way as

ficers

that State as regards infringements committed against them or by them. Article 20 Hot pursuit 1.

ficers

the customs administration

one

the Member States pursuing in their country, an individual observed in the act

committing one

the infringements referred to in Article 19

another Member State without prior authorisation where, given the particular urgency

the situation, it was not possible to notify the competent authorities

the other Member State prior to entry into that territory or where these authorities have been unable to reach the scene in time to take over the pursuit. The pursuing

ficers shall, not later than when they cross the border, contact the competent authorities

the Member State in whose territory the pursuit is to take place. The pursuit shall cease as soon as the Member State in whose territory the pursuit is taking place so requests. At the request

the pursuing

ficers, the competent authorities

the said Member State shall challenge the pursued person so as to establish his identity or to arrest him. Member States shall inform the depositary

the pursuing

ficers to whom this provision applies; the depositary shall inform the other Member States. 2. The pursuit shall be carried out in accordance with the following procedures, defined by the declaration provided for in paragraph 6: (a) the pursuing

ficers shall not have the right to apprehend; (b) however, if no request to cease the pursuit is made and if the competent authorities

the Member State in whose territory the pursuit is taking place are unable to intervene quickly enough, the pursuing

ficers may apprehend the person pursued until the

ficers

the said Member State, who must be informed without delay, are able to establish his identity or arrest him. 3. Pursuit shall be carried out in accordance with paragraphs 1 and 2 in one

the following ways as defined by the declaration provided for in paragraph 6: (a) in an area or during a period, as from the crossing

the border, to be established in the declaration; (

1. b)without limit in space or time. 4. Pursuit shall be subject to the following general conditions: (
2. a)the pursuing

ficers shall comply with the provisions

this Article and with the law

the Member State in whose territory they are operating; they shall obey the instructions

the competent authorities

the said Member State; (b) when the pursuit takes place on the sea, it shall, where it extends to the high sea or the exclusive economic zone, be carried out in conformity with the international law

the sea as reflected in the United Nations Convention on the Law

the Sea, and, when it takes place in the territory

another Member State, it shall be carried out in accordance with the provisions

this Article; (

1. c)entry into private homes and places not accessible to the public shall be prohibited; (
2. d)the pursuing

ficers shall be easily identifiable, either by their uniform or an armband or by means

accessories fitted to their means

transport; the use

civilian clothes combined with the use

unmarked means

transport without the aforementioned identification is prohibited; the pursuing

ficers shall at all times be able to prove that they are acting in an

ficial capacity; (e) the pursuing

ficers may carry their service weapons, save (

1. i)where the requested Member State has made a general declaration that weapons may never be carried into its territory or (
2. ii)where specifically decided otherwise by the requested Member State. When

ficers

another Member State are permitted to carry their service weapons, their use shall be prohibited save in cases

legitimate self-defence; (f) once the pursued has been apprehended as provided for in paragraph 2(b), for the purpose

bringing him before the competent authorities

the Member State in whose territory the pursuit took place he may be subjected only to a security search; handcuffs may be used during his transfer; objects carried by the pursued person may be seized; (g) after each operation mentioned in paragraphs 1, 2 and 3, the pursuing

ficers shall present themselves before the competent authorities

the Member State in whose territory they were operating and shall give an account

their mission; at the request

those authorities, they must remain at their disposal until the circumstances

their action have been adequately elucidated; this condition shall apply even where the pursuit has not resulted in the arrest

the pursued person; (h) the authorities

the Member State from which the pursuing

ficers have come shall, when requested by the authorities

the Member State in whose territory the pursuit took place, assist the enquiry subsequent to the operation in which they took part, including legal proceedings. 5. A person who, following the action provided for in paragraph 2, has been arrested by the competent authorities

the Member State in whose territory the pursuit took place may, whatever his nationality, be held for questioning. The relevant rules

national law shall apply mutatis mutandis. If the person is not a national

the Member State in whose territory he was arrested, he shall be released no later than six hours after his arrest, not including the hours between midnight and 09.00 hours, unless the competent authorities

the said Member State have previously received a request for his provisional arrest for the purposes

extradition in any form. 6. On signing this Convention, each Member State shall make a declaration in which it shall define, on the basis

paragraphs 2, 3 and 4, the procedures for implementing pursuit in its territory. A Member State may at any time replace its declaration by another declaration, provided the latter does not restrict the scope

the former. Each declaration shall be made after consultations with each

the Member States concerned and with a view to obtaining equivalent arrangements in those States. 7. Member States may, on a bilateral basis, extend the scope

paragraph 1 and adopt additional provisions in implementation

this Article. 8. When depositing its instruments

adoption

this Convention, a Member State may declare that it is not bound by this Article or by part thereof. Such declaration may be withdrawn at any time. Article 21 Cross-border surveillance 1.

ficers

the customs administration

one

the Member States who are keeping under observation in their country persons in respect

whom there are serious grounds for believing that they are involved in one

the infringements referred to in Article 19

another Member State where the latter has authorized cross-border observation in response to a request for assistance which has previously been submitted. Conditions may be attached to the authorization. Member States shall inform the depositary

the

ficers to whom this provision applies; the depositary shall inform the other Member States. On request, the observation shall be entrusted to

ficers

the Member State in whose territory it is carried out. The request referred to in the first subparagraph shall be sent to an authority designated by each

the Member States empowered to grant the requested authorization or pass on the request. Member States shall inform the depositary

the authority designated for this purpose; the depositary shall inform the other Member States. 2. Where, for particularly urgent reasons, prior authorization

the other Member State cannot be requested, the

ficers conducting the observation shall be authorized to continue beyond the border the observation

persons in respect

whom there are serious grounds for believing that they are involved in one

the infringements referred to in Article 19

the Member State in whose territory the observation is to be continued shall be notified immediately

the crossing

the border, during the observation; (

1. b)a request submitted in accordance with paragraph 1 and out-lining the grounds for crossing the border without prior authorization shall be submitted without delay. Observation shall cease as soon as the Member State in whose territory it is taking place so requests, following the notification referred to in (
2. a)or the request referred to in (b), or where authorization has not been obtained five hours after the border was crossed. 3. The observation referred to in paragraphs 1 and 2 shall be carried out only under the following general conditions: (
3. a)the

ficers conducting the observation shall comply with the provisions

this Article and with the law

the Member State in whose territory they are operating; they must obey the instructions

the competent authorities

the said Member State; (b) except in the situations provided for in paragraph 2, the

ficers shall, during the observation, carry a document certifying that authorization has been granted; (c) the

ficers conducting the observation shall be able at all times to provide proof that they are acting in an

ficial capacity; (d) the

ficers conducting the observation may carry their service weapons during the observation save (

1. i)where the requested Member State has made a general declaration that weapons may never be carried into its territory or (
2. ii)where specifically decided otherwise by the requested Member State. When

ficers

another Member State are permitted to carry their service weapons, their use shall be prohibited save in cases

legitimate selfdefence; (

1. e)entry into private homes and places not accessible to the public shall be prohibited; (
2. f)the

ficers conducting the observation may neither challenge nor arrest the person under observation; (g) all operations shall be the subject

a report to the authorities

the Member State in whose territory they took place; the

ficers conducting the observation may be required to appear in person; (h) the authorities

the Member State from which the observing

ficers have come shall, when requested by the authorities

the Member State in whose territory the observation took place, assist the enquiry subsequent to the operation in which they took part, including legal proceedings. 4. The Member States may, at bilateral level, extend the scope

this Article and adopt additional measures in implementation thereof. 5. When depositing its instruments

adoption

this Convention, a Member State may declare that it is not bound by this Article or by part thereof. Such declaration may be withdrawn at any time. Article 22 Controlled delivery 1. Each Member State shall undertake to ensure that, at the request

another Member State, controlled deliveries may be permitted on its territory in the framework

criminal investigations into extraditable

fences. 2. The decision to carry out controlled deliveries shall be taken in each individual case by the competent authorities

the requested Member State, with due regard for the national law

that State. 3. Controlled deliveries shall take place in accordance with the procedures

the requested Member State. Competence to act and to direct operations shall lie with the competent authorities

that Member State. The requested authority shall take over control

the delivery when the goods cross the border or at an agreed hand-over point in order to avoid any interruption

surveillance. During the rest

the journey it shall ensure that the goods are kept permanently under surveillance in such a way that at any time it has the possibility

arresting the perpetrators and seizing the goods. 4. Consignments the controlled delivery

which is agreed to may, with the consent

the Member States concerned, be intercepted and allowed to continue with the initial contents intact or removed or replaced in whole or in part. Article 23 Covert investigations 1. At the request

the applicant authority, the requested authority may authorize

ficers

the customs administration

the requesting Member State or

ficers acting on behalf

such administration operating under cover

a false identity (covert investigators) to operate on the territory

the requested Member State. The applicant authority shall make the request only where it would be extremely difficult to elucidate the facts without recourse to the proposed investigative measures. The

ficers in question shall be authorized in the course

their activities to collect information and make contact with subjects or other persons associated with them. 2. Covert investigations in the requested Member State shall have a limited duration. The preparation and supervision

the investigations shall take place in close cooperation between the relevant authorities

the requested and applicant Member States. 3. The conditions under which a covert investigation is allowed, as well as the conditions under which it is carried out, shall be determined by the requested authority in accordance with its national law. If, in the course

a covert investigation, information is acquired in relation to an infringement other than that covered by the original request, then the conditions concerning the use to which such information may be put shall also be determined by the requested authority in accordance with its national law. 4. The requested authority shall provide the necessary manpower and technical support. It shall take measures to protect the

ficers referred to in paragraph 1, while they are active in the requested Member State. 5. When depositing its instruments

adoption

this Convention, a Member State may declare that it is not bound by this Article or part thereof. Such declaration may be withdrawn at any time. Article 24 Joint special investigation teams 1. By mutual agreement, the authorities

several Member States may set up a joint special investigation team based in a Member State and comprising

ficers with the relevant specializations. The joint special investigation team shall have the following tasks: — implementation

difficult and demanding investigations

specific infringements, requiring simultaneous, coordinated action in the Member States concerned; — coordination

joint activities to prevent and detect particular types

infringement and obtain information on the persons involved, their associates and the methods used. 2. Joint special investigation teams shall operate under the following general conditions: (a) they shall be set up only for a specific purpose and for a limited period; (b) an

ficer from the Member State in which the team's activities take place shall head the team; (c) the participating

ficers shall be bound by the law

the Member State in whose territory the team's activities take place; (d) the Member State in which the team's activities take place shall make the necessary organizational arrangements for the team to operate. 3. Membership

the team shall not bestow on

ficers any powers

intervention in the territory

another Member State. TITLE V — DATA PROTECTION Article 25 Data protection for the exchange

data 1. When information is exchanged, the customs administrations shall take into account in each specific case the requirements for the protection

personal data. They shall respect the relevant provisions

the Convention

the Council

Europe

28 January 1981 for the Protection

Individuals with regard to Automatic Processing

Personal Data. In the interest

data protection, a Member State may, in accordance with paragraph 2, impose conditions concerning the processing

personal data by another Member State to which such personal data may be passed. 2. Without prejudice to the provisions

the Convention concerning the use

information technology for customs purposes, the following provisions shall apply to personal data which are communicated pursuant to the application

this Convention: (a) processing

the personal data by the recipient authority shall be authorized only for the purpose referred to in Article 1

Article 4(3).

In all other cases

data transmission, the consent

the Member State which supplied the information is necessary; (b) the authority

the Member State which communicates data shall ensure that they are accurate and up-to-date. If it emerges that inaccurate data have been communicated or data have been communicated which should not have been communicated or that lawfully communicated data are required at a later stage to be erased in accordance with the law

the communicating Member State, the recipient authority shall be immediately informed thereof. It shall be obliged to correct such data or have them erased. If the recipient authority has reason to believe that communicated data are inaccurate or should be erased, it shall inform the communicating Member State; (c) in cases where communicated data should, according to the law

the communicating Member State, be erased or amended, the persons concerned must be given the effective right to correct the data; (d) the forwarding and receipt

exchanged data shall be recorded by the authorities concerned; (e) if so requested, the communicating and recipient authorities shall inform the person concerned, at that person's request,

the personal data communicated and the use to which they are to be put. There is no obligation to provide the information if it is found, on consideration

the matter, that the importance to the public

the information being withheld outweighs the importance to the person concerned

receiving it. Moreover, the right

the person concerned to receive information about the personal data communicated shall be determined in accordance with the national laws, regulations and procedures

the Member State in whose territory the information is requested. Before any decision is taken on providing information, the communicating authority shall be given the opportunity

stating its position; (f) Member States shall be liable, in accordance with their own laws, regulations and procedures, for injury caused to a person through the processing

data communicated in the Member State concerned. This shall also be the case where the injury was caused by the communication

inaccurate data or the fact that the communicating authority communicated data in violation

the Convention; (

1. g)the data communicated shall be kept for a period not exceeding that necessary for the purposes for which they were communicated. The need to keep them shall be examined at the appropriate moment by the Member State concerned; (
2. h)in any event, the data shall enjoy at least the same protection as is given to similar data in the Member State which received them; (
3. i)every Member State shall take the appropriate measures to ensure compliance with this Article by the application

effective controls. Every Member State may assign the task

control to the national supervisory authority mentioned in Article 17

the Convention concerning the use

information technology for customs purposes. 3. For the purposes

this Article, ‘the processing

personal data’ shall be understood in accordance with the definition in Article 2(b)

Directive 95/46/EC

the European Parliament and

the Council

24 October 1995 on the protection

individuals with regard to the processing

personal data and on the free movement

such data. TITLE VI — INTERPRETATION

THE CONVENTION Article 26 Court

Justice 1. The Court

Justice

the European Communities shall have jurisdiction to rule on any dispute between Member States regarding the interpretation or the application

this Convention whenever it has proved impossible for the dispute to be settled by the Council within six months

its being referred to the Council by one

its members. 2. The Court

Justice

the European Communities shall have jurisdiction to rule on any dispute between Member States and the Commission concerning the interpretation or application

this Convention which it has proved impossible to settle through negotiation. The dispute may be submitted to the Court

Justice after the expiry

a period

six months from the data on which one

the parties notified the other

the existence

a dispute. 3. The Court

Justice shall have jurisdiction, subject to the conditions laid down in paragraphs 4 to 7, to give preliminary rulings on the interpretation

this Convention. 4. By a declaration made at the time

the signing

this Convention or at any time thereafter, any Member State shall be able to accept the jurisdiction

the Court

Justice

the European Communities to give preliminary rulings on the interpretation

this Convention as specified in either paragraph 5(

1. a)or (b). 5. A Member State which has made a declaration pursuant to paragraph 4 shall specify that either: (
2. a)any court or tribunal

that State against whose decisions there is no judicial remedy under national law may request the Court

Justice

the European Communities to give a preliminary ruling on a question raised in a case pending before it and concerning the interpretation

this Convention if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment, or (b) any court or tribunal

that State may request the Court

Justice

the European Communities to give a preliminary ruling on a question raised in a case pending before it and concerning the interpretation

this Convention if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment. 6. The Protocol on the Statute

the Court

Justice

the European Communities and the Rules

Procedure

that Court

Justice shall apply. 7. Any Member State, whether or not it has made a declaration pursuant to paragraph 4, shall be entitled to submit statements

case or written observations to the Court in cases which arise under paragraph 5. 8. The Court

Justice shall not have jurisdiction to check the validity or proportionality

operations carried out by competent law enforcement agencies under this Convention nor to rule on the exercise

responsibilities which devolve upon Member States for maintaining law and order and for safeguarding internal security. TITLE VII — IMPLEMENTATION AND FINAL PROVISIONS Article 27 Confidentiality The customs administrations shall take account, in each specific case

exchange

information,

the requirements

investigation secrecy. To that end, a Member State may impose conditions covering the use

information by another Member State to which that information may be passed. Article 28 Exemptions from the obligation to provide assistance 1. This Convention shall not oblige the authorities

Member States to provide mutual assistance where such assistance would be likely to harm the public policy or other essential interests

the State concerned, particularly in the field

data protection, or where the scope

the action requested, in particular in the context

the special forms

cooperation provided for in Title IV, is obviously disproportionate to the seriousness

the presumed infringement. In such cases, assistance may be refused in whole or in part or made subject to compliance with certain conditions.

1. Reasons must be given for any refusal to provide assistance. Article 29 Expenses
2. Member States shall normally waive all claims for reimbursement

costs incurred in the implementation

this Convention, with the exception

expenses for fees paid to experts. 2. If expenses

a substantial and extraordinary nature are, or will be, required to execute the request, the customs administrations involved shall consult to determine the terms and conditions under which a request shall be executed as well as the manner in which the costs shall be borne. Article 30 Reservations 1. Save as provided in Article 20

any reservations. 2. Member States which have already established agreements between them covering matters regulated in Title IV

this Convention may make reservations pursuant to paragraph 1 only in so far as such reservations do not affect their obligations under such agreements. 3. Accordingly, the obligations arising out

the provisions

the Convention

19 June 1990 implementing the Schengen Agreement

14 June 1985 on the Gradual Abolition

Checks at their Common Borders which provide for closer cooperation shall not be affected by this Convention in the context

relations between the Member States which are bound by those provisions. Article 31 Territorial application 1. This Convention shall apply to the territories

the Member States as referred to in Article 3

Council Regulation (EEC) No 2913/92

12 October 1992 establishing the Community Customs Code, as revised by the Act concerning the conditions

accession

the Republic

Austria, the Republic

Finland and the Kingdom

Sweden and the adjustments to the Treaties on which the European Union is founded and in Regulation (EC) No 82/97

the European Parliament and

the Council

19 December 1996, including, for the Federal Republic

Germany, the Island

Heligoland and the territory

Büsingen (within the framework

and pursuant to the Treaty

23 November 1964 between the Federal Republic

Germany and the Swiss Confederation on the inclusion

the commune

Büsingen am Hochrhein in the customs territory

the Swiss Confederation, or the current version thereof) and, for the Italian Republic, the municipalities

Livigno and Campione d'Italia, and to the territorial waters, the inland maritime waters and the air-space

the territories

the Member States. 2. The Council, acting unanimously by the procedure provided for in Title VI

the Treaty on European Union, may adapt paragraph 1 to any amendment

the provisions

Community law referred to therein. Article 32 Entry into force

1. This Convention shall be subject to adoption by the Member States in accordance with their respective constitutional requirements.
2. Member States shall notify the depositary

the completion

the constitutional procedures for the adoption

this Convention. 3. This Convention shall enter into force ninety days after the notification referred to in paragraph 2 by the State, Member

the European Union at the time

adoption by the Council

the Act drawing up this Convention, which is last to complete that formality. 4. Until this Convention enters into force, any Member State may, when giving the notification referred to in paragraph 2, or at any other later time, declare that as far as it is concerned this Convention, with the exception

Article 26

thereof, shall apply to its relations with Member States that have made the same declaration. Such declarations shall take effect ninety days after the date

deposit thereof.

1. This Convention shall apply only to requests submitted after the date on which it enters into force or is applied as between the requested Member State and the applicant Member State.
2. On the date

entry into force

this Convention, the Convention on the provision

mutual assistance between customs administrations

7 September 1967 shall be repealed. Article 33 Accession 1. This Convention shall be open to accession by any State that becomes a Member State

the European Union. 2. The text

the Convention in the language

the acceding Member State, as drawn up by the Council

the European Union, shall be authentic. 3. The instruments

accession shall be deposited with the depositary. 4. This Convention shall come into force with respect to any State that accedes to it ninety days after the deposit

its instrument

accession or on the date

entry into force

the Convention if it has not already entered into force upon expiry

the said period

ninety days. 5. Where this Convention has not yet entered into force at the time

the deposit

their instrument

accession, Article 32

the Council

the European Union shall act as depositary

this Convention. 2. The depositary shall publish in the

ficial Journal

the European Communities information on the progress

adoptions and accessions, implementation, declarations and reservations, and also any other notification concerning this Convention. Done at Brussels on the eighteenth day

December in the year one thousand nine hundred and ninety-seven in a single original, in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic, such original remaining deposited in the archives

the General Secretariat

the Council

the European Union. FIFTH SCHEDULE THE TEXT IN THE ENGLISH LANGUAGE

THE 1999 PROTOCOL PROTOCOL DRAWN UP ON THE BASIS

ARTICLE K.3

THE TREATY ON EUROPEAN UNION, ON THE SCOPE

THE LAUNDERING

PROCEEDS IN THE CONVENTION ON THE USE

INFORMATION TECHNOLOGY FOR CUSTOMS PURPOSES AND THE INCLUSION

THE REGISTRATION NUMBER

THE MEANS

TRANSPORT IN THE CONVENTION THE HIGH CONTRACTING PARTIES to this Protocol, Member States

the European Union, REFERRING to the Act

the Council

the European Union

12 March 1999, HAVING REGARD to the Convention drawn up on the basis

Article K.3

the Treaty on European Union on the use

information technology for customs purposes, hereinafter referred to as ‘the Convention’; HAVE AGREED ON THE FOLLOWING PROVISIONS: Article 1 The second indent

Article 1

the Convention shall be amended to read as follows: ‘— the transfer, conversion, concealment or disguise

property or proceeds derived from, obtained directly or indirectly through or used in, illicit international drug trafficking or any infringement

: (i) all laws, regulations and administrative provisions

a Member State the application

which comes wholly or partly within the jurisdiction

the customs administration

the Member State concerning cross-border traffic in goods subject to bans, restrictions or controls, in particular pursuant to Articles 36 and 223

the Treaty establishing the European Community, and non-harmonised excise duties, or (ii) the body

Community provisions and associated implementing provisions governing the import, export, transit and presence

goods traded between Member States and third countries, and between Member States in the case

goods that do not have Community status within the meaning

Article 9

the Treaty establishing the European Community or goods subject to additional controls or investigations for the purposes

establishing their Community status, or (iii) the body

provisions adopted at Community level under the common agricultural policy and the specific provisions adopted with regard to goods resulting from the processing

agricultural products, or (iv) the body

provisions adopted at Community level for harmonised excise duties and for value-added tax on importation together with the national provisions implementing them.’ Article 2 The data categories listed in Article 4

the Convention shall be supplemented by the following category: ‘(ix) registration number

the means

transport.’. Article 3

1. This Protocol shall be subject to adoption by the Member States in accordance with their respective constitutional requirements.
2. Member States shall notify the depositary

the completion

their respective constitutional requirements for adopting this Protocol. 3. This Protocol shall enter into force ninety days after the notification, referred to in paragraph 2, by the Member State which, being a member

the European Union on the date

adoption by the Council

the Act drawing up this Protocol, is the last to fulfil that formality. However, it shall at the earliest enter into force at the same time as the Convention. Article 4 1. This Protocol shall be open to accession by any State that becomes a Member State

the European Union. 2. The instruments

accession shall be deposited with the depositary. 3. The texts

this Protocol in the language

the acceding State, drawn up by the Council

the European Union, shall be authentic. 4. This Protocol shall enter into force with respects to any State that accedes to it ninety days after the date

deposit

its instrument

accession or on the date

entry into force

this Protocol if the latter has not already entered into force upon expiry

the said period

ninety days. Article 5 Any State that becomes a Member State

the European Union and accedes to the Convention in accordance with Article 25 thereof shall accept the provisions

this Protocol. Article 6

1. Amendments to this Protocol may be proposed by any Member State that is a High Contracting Party. Any proposed amendment shall be sent to the depositary, who shall communicate it to the Council.
2. Amendments shall be adopted by the Council, which shall recommend them to the Member States for adoption in accordance with their respective constitutional requirements.
3. Amendments adopted in this manner shall come into force in accordance with Article
4. Article 7
5. The Secretary-General

the Council

the European Union shall act as depositary

this Protocol. 2. The depositary shall publish in the

ficial Journal

the European Communities the notifications, instruments or communications concerning this Protocol. Done at Brussels on the twelfth day

March in the year one thousand nine hundred and ninety-nine. SIXTH SCHEDULE COINBHINSIÚN ARNA DHRÉACHTÚ AR BHONN AIRTEAGAL K.3 DEN CHONRADH AR AN AONTAS EORPACH MAIDIR LE hÚSÁID THEICNEOLAÍOCHT AN EOLAIS CHUN CRÍOCHA CUSTAIM TÁ NA hARDPHÁIRTITHE CONARTHACHA sa Choinbhinsiún seo, Ballstáit an Aontais Eorpaigh, AG TAGAIRT do Ghníomh ó Chomhairle an Aontais Eorpaigh an 26/07/95, AG MEABHRÚ DÓIBH na ngealltanas atá sa Choinbhinsiú n maidir le Riaracháin Chustaim do Sholáthar Cúnamh Frithpháirteach, arna dhéanamh sa Róimh ar an 7 Meán Fómhair 1967, DE BHRÍ go bhfuil na riaracháin chustaim, mar aon le húdaráis inniúla eile, freagrach, ag teorainneacha seachtracha an Chomhphobail agus laistigh dá theorainneacha críochacha, as cionta ní hamháin in aghaidh rialacháin Chomhphobail ach in aghaidh dlíthe náisiúnta freisin, go háirithe na dlíthe sin atá folaithe ag Airteagail 36 agus 223 den Chonradh ag bunú an Chomhphobail Eorpaigh, a chosc, a imscrúdú agus a chur faoi chois, DE BHRÍ gur bagairt thromchúiseach do shláinte, moráltacht agus slándáil an phobail an treocht atá ag teacht chun cinn ionsar gháinneáil aindleathach de gach saghas, ÓS DEIMHIN leo gur gá an comhar idir riaracháin chustaim a athneartú trí nósanna imeachta a leagan síos faoina bhféadfaidh riaracháin chustaim gníomhú go comhpháirteach agus sonraí pearsanta agus sonraí eile a bhaineann le gníomhaíochtaí gáinneála aindleathacha a mhalartú ag úsáid na teicneolaíochta nua chun eolas den sórt sin a bhainisteoireacht agus a tharchur, faoi réir fhorálacha Choinbhinsiún Chomhairle na hEorpa um Chosaint Daoine Aonair maidir le hUathphróiseáil Sonraí Pearsanta arna dhéanamh in Strasbourg ar an 28 Eanáir 1981, AG MEABHRú DÓIBH go mbíonn ar na riaracháin chustaim ina n-obair laethúil idir fhorálacha Comhphobail agus fhorálacha neamhchomhphobail a chur chun feidhme agus go bhfuil, dá dheasca sin, riachtanas follasach ann a áirithiú go bhfabhraíonn na forálacha maidir le cúnamh frithpháirteach agus comhar riarthach sa dá earnáil go comhthreomhar a mhéad is féidir, TAR ÉIS COMHAONTú AR NA FORÁLACHA SEO A LEANAS: CAIBIDIL I Sainmhínithe Airteagal 1 Chun críocha an Choinbhinsiúin seo:

1. Ciallaíonn an téarma “dlíthe náisiúnta” dlíthe nó rialacháin Ballstáit, a bhfuil inniúlacht iomlán nó pháirteach ag riarachán custaim an Bhallstáit sin ina gcur i bhfeidhm, maidir le: — gluaiseacht earraí atá faoi réir bearta toirmisc, srianta nó rialaithe, go háirithe na bearta sin atá folaithe in Airteagail 36 agus 223 den Chonradh ag bunú an Chomhphobail Eorpaigh; — aistriú, tiontú, ceilt nó folú maoine nó fáltas arna gcineadh ó gháinneáil idirnáisiúnta aindleathach drugaí, arna bhfáil go díreach nó go neamhdhíreach tríthi nó arna n-úsáid inti.
2. Ciallaíonn an téarma “sonraí pearsanta” aon eolas a bhaineann le duine aonair aitheanta nó inaitheanta.
3. Ciallaíonn an téarma “Ballstá t soláthair” Ballstát a dhéanann sonra a áireamh sa Chóras Eolais Custaim. CAIBIDIL II CÓras Eolais Custaim a bhunú Airteagal 2
4. Cuirfidh riaracháin chustaim na mBallstát ar bun, agus cothabhálfaidh siad, uathchóras eolais comhpháirteach chun críocha custaim, dá ngairtear an Córas Eolais Custaim anseo feasta.
5. Beidh sé de chuspóir ag an gCóras Eolais Custaim, i gcomhréir le forálacha an Choinbhinsiúin seo, cabhrú chun sáruithe tromchúiseacha ar dhlíthe náisiúnta a chosc, a imscrúdú agus a ionchúiseamh trí éifeachtúlacht nósanna imeachta comhair agus rialaithe riaracháin chustaim na mBallstát a mhéadú trí eolas a scaipeadh go luath. CAIBIDIL III An Córas Eolais Custaim a oibriú agus a úsáid Airteagal 3
6. Is áis bhunachar sonraí lárnach é an Córas Eolais Custaim agus beidh sé inrochtana trí theirminéil i ngach Ballstát. Cuimseoidh sé go heisiach na sonraí, lena n-áirítear sonraí pearsanta, is gá chun a chuspóir mar atá sé sonraithe in Airteagal 2