Decision No 3/92 of the EEC-San Marino Cooperation Committee of 22 December 1992 on the arrangements for the provision of mutual assistance pursuant to Article 13 of the Agreement between the Community and San Marino
Date: 1992-12-22
Institutions: EEC–San Marino Cooperation Committee
Subjects: San Marino, confidentiality, customs cooperation, exchange of information, interim agreement (EU)













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21993D0219(02)

Decision No 3/92 of the EEC-San Marino Cooperation Committee of 22 December 1992 on the arrangements for the provision of mutual assistance pursuant to Article 13 of the Agreement between the Community and San Marino  


Official Journal L 042 , 19/02/1993 P. 0029 - 0033 





DECISION No 3/92 OF THE EEC-SAN MARINO COOPERATION  COMMITTEE of 22 December 1992 on the arrangements for the provision of mutual assistance pursuant  to Article 13 of the Agreement between the Community and San Marino(93/103/EEC)THE  COOPERATION COMMITTEE Having regard to the Interim Agreement between the European Economic Community and the Republic of  San Marino, and in particular Article 13 (8) thereof, Whereas the proper functioning of the Agreement requires close collaboration between the  authorities of the Contracting Parties responsible for implementing the provisions of that  Agreement, HAS DECIDED AS FOLLOWS: TITLE I GENERAL PROVISIONS Article 1 The administrative authorities of the  Parties shall assist each other in accordance with the terms of this Protocol. TITLE II Article 2 Definitions Within the meaning of this Decision: (a)  'customs legislation` shall be all the provisions applicable in the territories of the Parties  to import, export and transit of goods and the placing of goods under any other customs procedure,  including measures relating to prohibition, restriction or monitoring; (b)  'customs duties` shall be all the varieties of duty, charge, fee and tax charged and collected  in the territories of the Contracting Parties pursuant to the terms of customs legislation, with  the exception of fees and charges commensurate with the approximate cost of services rendered; (c)  'requesting authority` shall be an administrative authority, suitably empowered by one of the  Contracting Parties, which submits a request for assistance; (d)  'receiving authority` shall be an administrative authority, suitably empowered by one of the  Contracting Parties, which receives a request for assistance; (e)  'violation` shall be any attempted or actual infringement of this legislation. Article 3 Scope 1.  The Contracting Parties shall assist each other in the manner and according  to the conditions laid down in this Protocol, to ensure that customs legislation is correctly  implemented, notably by preventing and detecting violations of that legislation, and by conducting  investigations in that connection. 2.  Assistance with customs-related matters, as provided for in this Protocol, shall be the concern  of any administrative authority of the Contracting Parties which is responsible for the  implementation of this Protocol. It shall not affect any provisions regulating mutual assistance in  criminal matters. It shall furthermore not apply to information gathered under the powers which the  authorities exercise at the request of the judicial authorities, unless those authorities give  their assent. Article 4 Assistance in response to a request 1.  The receiving authority shall provide the  requesting authority, at its request, with all information likely to help it to ensure that customs  legislation is implemented correctly. This shall apply in particular to information concerning  operations detected or planned which constitute or appear to constitute a violation of that  legislation. 2.  The receiving authority shall inform the requesting authority, at its request, if goods  exported from the territory of one of the Contracting Parties are regularly brought into the  territory of the other Contracting Party, and shall give details, where applicable, of the customs  procedure by which such goods are covered. 3.  At the request of the requesting authority, the receiving authority shall take steps to  establish surveillance of: (a)  natural or legal persons, in cases in which there are reasonable grounds for believing that  they are violating or have violated customs legislation; (b)  movements of goods indicated as being the object of potential serious violations of customs  legislation; (c)  means of transport, in cases in which there are reasonable grounds for believing that they  have been used, are being used or have been used in violating customs legislation. Article 5 Spontaneous assistance The Contracting Parties shall assist each other in the matters  for which they are responsible in cases in which they consider such action necessary to the correct  implementation of customs legislation, particularly if they receive information relating to: -  operations which have violated, are violating or may violate that legislation, and which may be  of interest to other Contracting Parties; -  new ways or means of carrying out such operations; -  goods known to be connected with a serious violation of customs legislation governing imports,  transit or any other customs procedure. Article 6 Forwarding/notification At the request of the requesting authority, the receiving  authority shall take all the necessary steps, in conformity with its legislation: -  to forward any document, or -  to provide notification of any decision which falls within the scope of implementation of this Protocol to an adressee who is resident or  established in its territory. In such cases, Article 7 (3) shall apply. Article 7 Form and content of requests for assistance 1.  Requests pursuant to this Protocol  shall be made in writing. The request shall be accompanied by the documents needed for a reply to  be provided. If the urgency of a particular situation so demands, the request may be made verbally,  but it must be confirmed immediately in writing. 2.  Requests made in accordance with the terms of paragraph 1 shall be aqccompanied by the  following information: (a)  details of the requesting authority submitting the application; (b)  the measure requested; (c)  the grounds for and aim of the request; (d)  the relevant legislation, rules and other legal documents; (e)  particulars of the natural or legal persons to which an investigation relates, in as full and  accurate a form a possible; (f)  a summary of the pertinent facts, except in the cases referred to in Article 6. 3.  Requests shall be drawn up in one of the official languages of the requesting authority or in a  language which suits that authority. 4.  If a request does not comply with the formal requirements, a call may be made for it to be  corrected or added to. Precautionary measures may be ordered, however. Article 8 Replying to requests 1.  In response to a request for assistance, the receiving  authority, or, in cases in which that authority cannot act alone, the administrative department to  which the authority has referred the request, shall supply information already at its disposal and  carry out or commission the appropriate inquiries as though acting on its own account or on behalf  of another authority of the same Contracting Party. 2.  Requests for assistance shall be answered in accordance with the legislation, rules and other  legal instruments of the receiving Contracting Party. 3.  By agreement between a Contracting Party and the other Contracting Party concerned, and in the  manner established by the latter, officials duly authorized by the second Contracting Party may  collect at the offices of the receiving authority, or another authority under its responsibility,  information concerning violations of customs legislation which is needed by the requesting  authority for the purposes of this Protocol. 4.  Officials of one Contracting Party, by agreement with the other Contracting Party, may be  present during the inquiries carried out on the territory of the latter. Article 9 Forwarding of information 1.  The receiving authority shall forward the results of  the inquiries to the requesting authority in the form of documents, certified true copies of  documents, reports and other similar written material. 2.  The material described in paragraph 1 may be replaced by computerized information produced in  any form for the same purpose. Article 10 Derogations from the obligation to provide assistance 1.  The Contracting Parties  may refuse assistance under this Protocol if such assistance: (a)  is likely to harm their sovereignty, public order, security or other vital interests; (b)  invokes a rule or regulation concerning taxes or exchange which is not part of the rules and  regulations concerning customs duties; (c)  or would entail a violation of industrial, commercial or professional secrecy. 2.  If the requesting authority asks to be provided with information which it wuld not itself be in  a position to supply if requested, it shall draw attention to this fact in its request. It is then  the responsibility of the receiving authority to decide how to respond to that request. 3.  If assistance is refused, the requesting authority must be informed immediately of the decision  and grounds for that decision. Article 11 Safeguarding of secrecy 1.  The information communicated pursuant to this Protocol  in any form whatsoever shall be confidential. It shall be covered by professional confidentiality  and enjoy the protection provided by the laws in force in the territory of the Contracting Party  receiving the information and the protection of corresponding rules applying to Community bodies. 2.  Personal data shall not be passed on in instances in which there are reasonable grounds for  belief that supplying or using such information would conflct with the fundamental legal principles  of one of the Parties, especially if the individual in question would suffer unjustified harm as a  result. If so requested, the Party receiving the information shall provide the Party supplying the  information with details of the use to which it is put and the results obtained. 3.  Personal data may only be communicated to the administrative authorities, and in cases in which  they are needed for legal proceedings, to the national ministry of justice and to the judicial  authorities. No other individual or authorty may collect such information without prior permission  from the authority supplying that information. 4.  The Party supplying the information shall check its accuracy. If it becomes apparent that the  information provided is inaccurate or should be destroyed, the receiving Party shall be informed  without delay, and shall be expected to correct or destroy the information. 5.  The individual in question may request information on the data held and the ends to which it is  held. This shall be without prejudice to cases in which the public interest is an overriding  consideration. Article 12 Use of information 1.  The information collected must be used only for the purposes  of this Protocol. It may be used by the Contracting Parties for other purposes only with prior  written permission from the administrative authority supplying that information, and shall moreover  be subject to the restrictions imposed by that authority. These provisions shall not apply to  information concerning crimes connected with narcotic drugs and psychotropic substances;  information of this type may be passed on the authorities directly involved in combating the  trafficking of drugs, within the bounds of Article 3. 2.  The terms of paragraph 1 shall not preclude the use of information in administrative or legal  proceedings subsequently instituted in connection with infringements of customs legislation. 3.  Information collected and documents consulted pursuant to the terms of this Protocol may be  cited as proof in a Contracting Party's statements, reports and evidence and during legal  proceedings and procedures. Article 13 Experts and witnesses An agent of a receiving authority may be permitted, within the  bounds of the authorization he has received, to appear as an expert or witness in legal or  administrative proceedings instituted within the fields covered by this Protocol, within the  jurisdiction of another Contracting Party, and to produce items and documents or certified true  copies of documents needed for those proceedings. The summons must provide clear details of the  case concerned and state in what connection and capacity the agent will be questioned. Article 14 Cost of assistance No Contracting Party shall submit any claim for refunds of costs  incurred as a result of the implementation of this Protocol except, where appropriate, for fees  paid to experts and witnesses and to interpreters and translators not connected with the  authorities. Article 15 Implementation 1.  Implementation of this Protocol shall be the responsibility of  the national administrative authorities of the Republic of San Marino and of the approriate  departments of the Commission. They shall decide on all the practical steps required in this  connection, taking into account current data-protection rules. They may propose to the relevant  bodies such alterations to this Protocol as they consider necessary. 2.  The Contracting Parties shall consult each other on and subsequently notify each other about  implementing rules, which shall be adopted in accordance with the procedures laid down in this  Article. Article 16 Complementarity 1.  This Protocol shall supplement and shall not prevent the  implementation of actual or potential mutual assistance agreements between one or more Community  Member States and San Marino. It shall likewise do nothing to prevent mutual assistance of wider  scope being provided under those agreements. 2.  Without prejudice to the terms of Article 12, the agreements shall not affect Community  provisions governing the passing between the appropriate departments of the Commission and the  customs authorities of the Member States of any customs-related information likely to be of  interest to the Community. Article 17 This Decision shall enter into force on 1 January 1993. Done at Brussels, 22 December 1992. For the Cooperation Committee The Chairman Pietro GIACOMINI  Joint Declaration Article 6 of Decision No 3/92 The Parties stress that the reference made to their own legislation may, where appropriate, include  any international commitments into which they may have entered, such as the Convention on the  service abroad of judicial and extrajudicial documents in civil or commercial matters signed in The  Hague on 15 November 1965.