Proposal for a Council Decision regarding the position to be taken by the Community within the EC/Canada Joint Customs Co-operation Committee with a view to adopting its internal rules of procedure
Date: 2003-12-22
Institutions: European Commission
Subjects: Canada, customs cooperation, joint committee (EU), rules of procedure

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 22.12.2003
COM(2003) 813 final

2003/0314 (ACC)

Proposal for a

COUNCIL DECISION

regarding the position to be taken by the Community within the EC/CANADA Joint
Customs Co-operation Committee with a view to adopting its internal rules of procedure

(presented by the Commission)

EN

  EN

1.

2.

3.

4.

5.

EXPLANATORY MEMORANDUM

On 4 December 1997, the Agreement between the European Community and Canada
on customs cooperation and mutual administrative assistance in customs matters has
been signed. It has entered into force on the 1st January 1998.

According  to  Article  20  (2)  of  that  Agreement,  a  Joint  Customs  Cooperation
Committee shall ensure the proper functioning of the Agreement and shall examine
all issues arising from its application.

The Joint Customs Cooperation Committee should, in accordance with Article 20 (3)
of the Agreement, adopt its own rules of procedure.

A draft Declaration concerning the composition of delegations on the Joint Customs
Cooperation Committee should also be adopted.

In view of the above, the Commission proposes that the Council adopt at the earliest
opportunity  the  text  of  the  attached  draft  Decision,  as  well  as  the  text  of  the  draft
declaration,  as  the  Community’s  common  position  within  the  EC/  Canada  Joint
Customs Cooperation Committee.

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2003/0314 (ACC)

Proposal for a

COUNCIL DECISION

regarding the position to be taken by the Community within the EC/CANADA Joint
Customs Co-operation Committee with a view to adopting its internal rules of procedure

THE COUNCIL OF THE EUROPEAN UNION,

Whereas:

Having regard to the Treaty establishing the European Community, and in particular Article
133, in conjunction with Article 300 (2), second subparagraph,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

Article  20  of  the  Agreement  between  the  European  Community  and  Canada  on
customs  co-operation  and  mutual  assistance  in  customs  matters  (the  “Agreement”)1,
established an EC-Canada Joint Customs Co-operation Committee;

Article  20(3)  of  the  Agreement  provides  that  the  EC-Canada  Joint  Customs  Co-
operation Committee adopt its internal rules of procedure;

The  Community  position  within  the  EC-Canada  Joint  Customs  Co-operation
Committee with a view to adopting its rules of procedure should be determined;

HAS DECIDED AS FOLLOWS:

Sole article

The Community’s position within the EC-Canada Joint Customs Co-operation Committee on
the adoption of its rules of procedure shall be based on the draft Decision annexed hereto.

Done at Brussels,

1

OJ L 7 of 13.01.98, p. 37-45

For the Council
The President

3

 
                                                
Draft

DECISION N°1/2003

of the Joint Customs Co-operation Committee EC/CANADA
Adopting its rules of procedure

THE JOINT CUSTOMS COOPERATION COMMITTEE,

(1)

Having  regard  to  the  Agreement  between  the  European  Community  on  the  one  part
and the Government of Canada on the other2, and in particular Article 20 (3) thereof

HAS DECIDED AS FOLLOWS:

CHAIRMANSHIP

Article 1

The office of Chairman of the EC/Canada Joint Customs Co-operation Committee, hereinafter
referred to as "the Joint Committee", shall be held alternately by a representative of Canada
and  by  a  representative  of  the  European  Community,  hereinafter  referred  to  as  the
"Community".

MEETINGS

Article 2

1.

2.

Each  meeting  of  the  Joint  Committee,  shall  be  held  at  a  time  and  place  agreed  by
both  Parties  alternately  in  Ottawa  and  Brussels  or  a  venue  agreed  upon  by  both
Parties.

The work of the Joint Committee shall be treated as confidential unless both Parties
decide the contrary, the meetings of the Joint Committee shall not be public.

DELEGATIONS

Article 3

Before  each  session  of  the  Joint  Committee  the  Community  and  Canada  shall  inform  each
other of the intended composition of each delegation.

2

OJ L 7 of 13.01.98, p. 37-45

4

 
                                                
SECRETARIAT

Article 4

An official of Canada and an official of the Commission of the European Communities shall
act jointly as Secretaries of the Joint Committee.

AGENDA

Article 5

1.

2.

The Parties, through consultation with each other, shall draw up an agenda for each
meeting.

The  agenda  shall  be  adopted  by  the  Joint  Committee  at  the  beginning  of  each
meeting.

MINUTES

Article 6

Minutes shall be taken for each meeting and shall include the summing up of the proceedings
by  the  Chairman.  The  minutes  shall  be  initialed  by  both  Heads  of  delegation  as  soon  as
possible after the meeting. The minutes will be adopted formally at the next Joint Committee.
Upon  adoption  by  the  Joint  Committee,  the  minutes  shall  be  signed  by  the  Chairman  and
Secretaries and one original copy filed by each of the Parties.

Article 7

MEASURES,  RECOMMENDATIONS  AND  URGENT  MATTERS  OF  THE  JOINT
COMMITTEE

1.

2.

The  Joint  Committee  shall  take  measures  and  make  recommendations  in  order  to
facilitate the proper implementation of the agreement.

Between  meetings  of  the  Joint  Committee  urgent  mutters  can  be  dealt  with,  if
necessary by written procedure, where both Parties so agree.

WORKING PARTIES

Article 8

1.

2.

3.

4.

The Joint Committee may set up working parties for specific subjects.

The Joint Committee shall specify the scope of their activities.

These working parties shall report to the Joint Committee.

Working    parties  terminate  as  soon  as  their  mandate  is  completed  except  in  cases
where the mandate has been modified by the Joint Committee.

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AMENDMENTS

Article 9

In  the  framework  fixed  by  the  Agreement  the  Joint  Committee  may  make  any  necessary
amendments  considered  appropriate  to  these  rules  in  order  to  facilitate  the  efficient
performance of its tasks.

ACTS AND COMMUNICATIONS

Article 10

1.

2.

Acts adopted by the Joint Committee shall be signed by the Chairman.

All  acts  and  communications  shall  be  forwarded  to  the  Secretaries  referred  to  in
Article 4.

EXPENSES

Article 11

The Community, on one hand, and Canada on the other, shall defray the expenditure that they
incur  as  a  result  of  their  respective  participation  in  Joint  Committee  and  working  party
meetings  in  respect  of  staff,  travelling  and  subsistence  expenses  and  also  of  postal  and
telecommunications costs.

Done at Brussels,

For the Joint Committee

The Chairman

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ANNEX
Declaration by the Joint Customs Co-operation Committee
Upon the adoption of decision n°1/by the EC/Canada Joint Customs Co-operation
Committee

Concerning the composition of delegations on the Joint Customs Co-operation Committee.

The  Community  shall  be  represented  in  the  Joint  Customs  Co-operation  Committee  by  the
Commission  assisted  by  representatives  of  the  Member  States.  The  Council  General
Secretariat may assist at Joint Customs Co-operation Committee meetings.

Canada shall be represented in the Joint Customs Co-operation Committee by representatives
from the Canada Customs and Revenue Agency.

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