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
Date: 1996-09-24
Institutions: European Commission
Subjects: South Korea, administrative cooperation, cooperation agreement (EU), customs cooperation

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 

customs 

The 
the 
European Community  and  the  Republic  of  Korea  is  hereby  approved  on  behalf  of  the 
European Community. 

cooperation  and  mutual  assistance  Agreement  between 

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 

This Decision shall be published in the Official  Journal of the European Communities. 

Article 5 

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 

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