COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 24.09.1996 
COM(96) 461 final 
96/0233 (ACC) 
Proposal for a 
COUNCIL DECISION 
on the conclusion of 
the customs cooperation and mutual assistance Agreement 
between the European Community 
and the Republic of Korea 
(presented by the Commission) 

Explanatory memorandum 
By its decision of 5 April 1993, the Council authorized the Commission to negotiate 
customs cooperation agreements with some of the Community's main trading partners, in 
particular the Republic of Korea, and adopted the necessary negotiating directives. 
There have been a number of meetings with the Korean authorities, in Brussels and Seoul. 
Following these negotiations, the text of the Agreement was initialled on 3 July this year. 
The Agreement is now being put to the Council to be signed and concluded. 
The Commission considers that the initialled text is in accordance with the negotiating 
directives adopted by the Council on 5 April 1993. 
In order to enable the customs cooperation and mutual assistance Agreement to be signed 
at the ministerial meeting in October, the Commission proposes that the Council approve 
the attached proposal for a decision on the signing and conclusion of the Agreement. 
Proposal for a Council decision 
on the conclusion of 
the customs cooperation and mutual assistance Agreement 
between the European Community 
and the Republic of Korea 
3 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 thereof, together with the first sentence of Article 228(2) and the first 
subparagraph of Article 228(3), 
Having regard to the proposal from the Commission, 
Whereas on 5 April 1993 the Council authorized the Commission to negotiate, on behalf 
of the Community, customs cooperation agreements with some of the Community's main 
trading partners; 
Whereas the customs cooperation and mutual assistance Agreement between the 
European Community and the Republic of Korea should be approved, 
HAS DECIDED AS FOLLOWS: 
Article 1 
The customs cooperation and mutual assistance Agreement between the 
European Community and the Republic of Korea is hereby approved on behalf of the 
European Community. 
The text of the Agreement is attached to this Decision. 
Article 2 
The Commission, assisted by representatives of the Member States, shall represent the 
European Community on the Joint Customs Cooperation Committee set up under 
Article 15 of the Agreement. 
Mr 
Article 3 
The President of the Council is hereby authorized to designate the persons empowered to 
sign the Agreement. 
Article 4 
The President of the Council shall effect the notification provided for in Article 19 of the 
Agreement on behalf of the European Community.l 
Article 5 
This Decision shall be published in the Official Journal of the European Communities. 
Done at Brussels, 
For the Council 
The President 
The date of entry into force of the Agreement will be published in the Official 
Journal of the European Communities by the General Secretariat of the Council. 
5" 
AGREEMENT BETWEEN 
THE REPUBLIC OF KOREA 
AND 
THE EUROPEAN COMMUNITY 
ON CO-OPERATION 
AND MUTUAL ADMINISTRATIVE ASSISTANCE 
IN CUSTOMS MATTERS 
(o 
AGREEMENT BETWEEN 
THE REPUBLIC OF KOREA 
AND 
THE EUROPEAN COMMUNITY 
ON CO-OPERATION 
AND MUTUAL ADMINISTRATIVE ASSISTANCE 
IN CUSTOMS MATTERS 
THE REPUBLIC OF KOREA and THE EUROPEAN COMMUNITY, (hereinafter 
referred to as the Contracting Parties). 
CONSIDERING the importance of the commercial links between the Republic of Korea 
and the European Community and desirous of contributing, to the benefit of both 
Contracting Parties, to the harmonious development of those links; 
TAKING into account the development of customs co-operation between the Contracting 
Parties, concerning customs procedures; 
CONSIDERING that operations in breach of customs legislation are prejudicial to the 
economic, fiscal and commercial interests of both Contracting Parties, and recognising the 
importance of ensuring the accurate assessment of customs duties and other taxes ; 
CONVINCED that action against such operations can be made more effective by co­
operation between their customs authorities; 
HAVING regard to obligations imposed under international conventions already accepted 
by the Contracting Parties; and having regard also to the Recommendation of the Customs 
Co-operation Council on Mutual Administrative Assistance of December 5, 1953; 
HAVE AGREED AS FOLLOWS: 
\ 
TITLE I 
GENERAL PROVISIONS 
Article 1 
Definitions 
For the purposes of this Agreement: 
a) "customs legislation" shall mean provisions adopted by the Republic of Korea or the 
European Community governing the importation, exportation, transit of goods and any 
other customs procedure, including measures of prohibition, restriction and control; 
b) "customs authority" shall mean, in the Republic of Korea, the Korean Customs Service 
and, in the European Community, the competent services of the Commission of the 
European Communities and the customs authorities of the Member States of the 
European Community. 
c) "applicant customs authority" shall mean a competent customs authority of a 
Contracting Party which makes a request for assistance in customs matters; 
d) "requested customs authority" shall mean a competent customs authority of a 
Contracting Party which receives a request for assistance in customs matters; 
e) "personal data" shall mean all information relating to an identified or identifiable 
individual; 
f) "operation in breach of customs legislation" shall mean any violation of the customs 
legislation as well as any attempted violation of such legislation. 
Article 2 
Obligations imposed under international conventions 
The provisions of this Agreement shall not prejudice the obligations imposed under 
international conventions accepted by the Contracting Parties to this Agreement. 
% 
TITLE H 
CUSTOMS COOPERATION 
Article 3 
Scope of the customs cooperation 
1. The Contracting Parties through their customs authorities shall, in accordance with the 
provisions of this Agreement: 
a) endeavour to cooperate, within the limits of available resources, in the research, 
development and testing of new customs procedures, in the training and 
exchange of personnel and in other matters that may require their joint efforts; 
and 
b) strive for simplification, harmonization and computerization in customs 
procedures, taking into account the work done in this connection by international 
organisations. 
2. The customs cooperation will include: 
a) exchange of professional, scientific and technical data relating to customs 
legislation; 
b) exchange of information on actions undertaken with third countries in relation to 
technical assistance, with the aim of improving these actions. 
i 
TITLE in 
MUTUAL ASSISTANCE 
Article 4 
Scope of the assistance 
1. The Contracting Parties through their customs authorities shall, in accordance with the 
provisions of this Agreement: 
a) assist each other in order to ensure that customs legislation is properly 
implemented, in particular, by the prevention, detection and investigation of 
operations in breach of this legislation; 
b) assist each other by providing information, upon request, to be used in 
administering and enforcing the customs legislation. 
2. Assistance in customs matters, as provided for in this Agreement, shall not prejudice 
the rules governing mutual assistance in criminal matters. Nor shall it cover 
information obtained under powers exercised at the request of the judicial authority, 
unless this authority so agrees. 
3. The assistance will also include: 
a) exchange of information and experience in the use of the interdiction and 
detection equipment; 
b) enforcement techniques that might be useful in suppressing breaches of customs 
legislation and, in particular, any technical aids found to be helpful in combating 
such breaches; and 
c) observations and findings resulting from the application of new enforcement 
techniques. 
lO 
Article 5 
Assistance on Request 
1. At the request of the applicant customs authority, the requested customs authority shall 
furnish it with all relevant information to enable it to ensure that customs legislation is 
correctly applied, including information regarding operations noted or planned which 
are or might be in breach of such legislation. 
2. At the request of the applicant customs authority, the requested customs authority shall 
inform it whether goods exported from the territory of one of the Contracting Parties 
have been properly imported into the territory of the other Contracting Party, 
specifying, where appropriate, the customs procedure applied to the goods. 
3. At the request of the applicant customs authority, the requested customs authority shall 
take the necessary steps to ensure that a surveillance is kept on: 
a) natural or legal persons who it may reasonably be believed are or have been in 
breach of customs legislation; 
b) places where goods are stored in a way that gives grounds to suspect that they 
are intended to supply operations in breach of customs legislation; 
c) movements of goods notified as possibly constituting operations in breach of 
customs legislation; and 
d) means of transport which it may reasonably be believed have been, are or may be 
used to commit operations in breach of customs legislation. 
Article 6 
Spontaneous Assistance 
The Contracting Parties shall provide each other, in accordance with their laws, rules and 
other legal instruments, with assistance if they consider that to be necessary for the correct 
application of customs legislation, particularly when they obtain information pertaining to: 
a) operations which have been, are or appear to be in breach of such legislation and 
which may be of interest to the other Contracting Party; 
w 
b) new means or methods used in committing such operations; and 
c) goods known to be the subject of operations in breach of customs legislation. 
Article 7 
. Delivery/Notification 
At the request of the applicant customs authority, the requested customs authority shall in 
accordance with its legislation take all necessary measures in order: 
- to deliver all documents, 
- to notify all decisions, 
falling within the scope of this Agreement to an addressee, residing or established in its 
territory. In such a case, the provisions of Article 8 (3) shall be applied. 
Article 8 
Form and Substance of Requests for Assistance 
1. Requests pursuant to this Agreement shall be made in writing. Documents necessary for 
the execution of such requests shall accompany the request. When required because of 
the urgency of the situation, oral requests may be accepted, but must be confirmed in 
writing immediately. 
2. Request pursuant to paragraph 1 of this Article shall include the following information: 
a) the applicant customs authority making the request; 
b) the measure requested; 
c) the object of and the reason for the request; 
d) the laws, rules and other legal elements involved; 
e) indications as exact and comprehensive as possible on the natural or legal persons 
being the target of the investigations; and 
f) a summary of the relevant facts and the enquiries already carried out, excepted in 
cases provided for in Article 7. 
3. Requests shall be submitted in an official language of the requested customs authority 
or in a language acceptable to such authority. 
4. If a request does not meet the formal requirements, its correction or completion may be 
demanded; the ordering of precautionary measures may, however, take place. 
a 
Article 9 
Execution of Requests 
1. In order to comply with a request for assistance, the requested customs authority, in 
cooperation with other administrative departments when the former cannot act on its 
own, shall proceed, within the limits of its competence and available resources, by 
supplying information already possessed, by carrying out appropriate enquiries or by 
arranging for them to be carried out. 
2. Requests for assistance shall be executed in accordance with the laws, rules and other 
legal instruments of the requested Contracting Party. 
3. Duly authorised officials of a Contracting Party may, with the agreement of the other 
Contracting Party involved and within the conditions laid down by the latter, obtain 
from the offices of the requested customs authority or other authority for which the 
requested customs authority is responsible, information relating to the operations in 
breach of customs legislation which the applicant customs authority needs for the 
purposes of this Agreement. 
4. Officials of a Contracting Party may, with the agreement of the other Contracting Party 
and within the conditions laid down by the latter, be present at enquiries carried out in 
the latter's territory. 
Article 10 
Form of Information to be Communicated 
1. The requested customs authority shall communicate results of enquiries to the applicant 
customs authority in the form of documents, certified copies of documents, reports or 
in the other appropriate forms for the execution of the request. 
2. The documents provided for in paragraph 1 may be replaced by computerized 
information produced in any form for the same purpose. 
i3 
Article 11 
Exceptions to Assistance 
1. The Contracting Parties may refuse, in whole or in part, to give assistance as provided 
for in this Agreement, where to do so would: 
a) be likely to prejudice the sovereignty of the Republic of Korea or of a Member 
State of the European Community when asked to provide assistance pursuant to 
this Agreement; or 
b) be likely to prejudice public policy, security or other essential interests, in 
particular in the cases referred to under Article 12 (2) ; or 
c) involve currency or tax regulations other than customs legislation ; or 
d) violate an industrial, commercial or professional secret. 
2. Where the applicant customs authority asks for assistance which it would itself be 
unable to provide if so asked by the customs authority of the other Contracting Party, 
it shall draw attention to that fact in its request. It shall then be left to the requested 
customs authority to decide how to respond to such a request. 
3. Before refusing to provide assistance, the requested customs authority shall consider 
whether assistance may be provided subject to such conditions or requirements as it 
deems necessary. If the applicant customs authority accepts assistance subject to these 
conditions or requirements, it shall comply with them. 
4. If a request for assistance cannot be complied with, the applicant customs authority 
shall be notified without delay and shall be informed of the reasons for the refusal to 
provide assistance. 
Article 12 
Exchange of information and confidentiality 
1. Any information communicated in whatsoever form pursuant to this Agreement shall 
be of a confidential or restricted nature, depending on the rules applicable in each of 
the Contracting Parties. It shall be covered by the obligation of official secrecy and 
shall enjoy the protection extended to like information under the relevant laws of the 
Contracting Party which received it and the corresponding provisions applying to the 
Community institutions. 
H 
2. Personal data may be exchanged only where the receiving Contracting Party 
undertakes to protect such data in a way which is at least equivalent to the one 
applicable to that particular case in the supplying Contracting Party. 
3. Information obtained shall be used solely for the purposes of this Agreement. Where 
one of the Contracting Parties requests the use of such information for other 
purposes, it shall ask for the prior written consent of the customs authority which 
furnished the information. Such use shall then be subject to any restrictions laid down 
by that authority. 
4. Paragraph 3 shall not impede the use of information in any judicial or administrative 
proceedings subsequently instituted for failure to comply with customs legislation. 
The competent authority which supplied that information shall be notified of such use. 
5. The Contracting Parties may, in their records of evidence, reports and testimonies and 
in proceedings and charges brought before the courts, use as evidence information 
obtained and documents consulted in accordance with the provisions of this 
Agreement. 
Article 13 
Experts and Witnesses 
An official of a requested customs authority may be authorized to appear, within the 
limitations of the authorization granted, as an expert or witness in judicial or 
administrative proceedings regarding the matters covered by this Agreement in the 
jurisdiction of the other Contracting Party, and produce such objects, documents or 
authenticated copies thereof, as may be needed for the proceedings. The request for an 
appearance must indicate specifically on what matters and by virtue of what title or 
qualification the official will be questioned. 
Article 14 
Expenses 
The Contracting Parties shall waive all claims on each other for the reimbursement of 
expenses incurred pursuant to this Agreement, except, as appropriate, for expenses to 
experts and witnesses and to interpreters and translators who are not public service 
employees. 
IS 
TITLE IV 
FINAL PROVISIONS 
Article IS 
Joint Customs Cooperation Committee 
1. A Joint Customs Cooperation Committee shall be established, consisting of 
representatives of the Republic of Korea and of the European Community, It shall meet 
alternately in Seoul and Brussels, as mutually agreed and on a date and with an agenda 
fixed by mutual agreement. 
2. The Joint Customs Cooperation Committee shall see to the proper functioning of the 
Agreement and shall examine all issues arising from its application. In fulfilling this 
role, its main functions will be to: 
(a) review the progress of the customs cooperation in accordance with this 
Agreement and identify new areas and specific sectors for further customs 
cooperation; 
(b) exchange views on any points of common interest regarding customs 
cooperation, including future measures and the resources for them; and 
(c) in general terms, recommend solutions aimed at helping to attain the objectives 
of this Agreement. 
3. The Joint Customs Cooperation Committee shall adopt its internal rules of procedure. 
Article 16 
Implementation 
1. The management of this Agreement shall be entrusted to the Korea Customs Service of 
the Republic of Korea on the one hand and the competent services of the Commission 
of the European Communities and, where appropriate, the customs authorities of the 
Member States of the European Community on the other. They shall decide on all 
practical measures and arrangements necessary for its application, taking into 
consideration rules in the field of data protection. 
2. The Contracting Parties shall consult each other and subsequently keep each other 
informed of the detailed rules of implementation which are adopted in accordance with 
the provisions of this Agreement. 
Article 17 
Revision or Amendments 
The Contracting Parties may, at any time, revise or amend this Agreement by mutual 
consent. 
Article 18 
Territorial application 
This Agreement shall apply, on the one hand, to the customs territory of the Republic of 
Korea and, on the other, to the territories in which the Treaty establishing the European 
Community is applied and under the conditions laid down in that Treaty. 
Article 19 
Entry into Force and Duration 
1. This Agreement shall enter into force on the first day of the month following the date 
on which the Contracting Parties have notified each other of the completion of the 
procedures necessary for this purpose. 
2. This Agreement is concluded for a period of five years. It shall be tacitly renewed on a 
yearly basis unless one of the Parties denounces it in writing six months before the date 
of expiry. 
Article 20 
Authentic Texts 
This Agreement is drawn up in duplicate in the Korean, Danish, Dutch, English, Finnish, 
French, German, Greek, Italian, Portuguese, Spanish, and Swedish languages, each text 
being equally authentic. 
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Agreement. 
Done in duplicate at.... on the .... 
For the Republic of Korea For the European Community 
vgr 
ISSN 0254-1475 
COM(96) 461 final 
DOCUMENTS 
EN 11 
Catalogue number : CB-CO-96-472-EN-C 
ISBN 92-78-09069-7 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
^