2004/634/EC: Council Decision of 30 March 2004 concerning the conclusion of the Agreement between the European Community and the United States of America on intensifying and broadening the Agreement on customs cooperation and mutual assistance in customs matters to include cooperation on container security and related matters
Date: 2004-03-30
Institutions: Council of the European Union
Subjects: United States, container, cooperation agreement (EU), customs cooperation, transport safety

L 304/32

EN

Official Journal of the European Union

30.9.2004

COUNCIL DECISION

of 30 March 2004

concerning the conclusion of the Agreement between the European Community and the United
States of America on intensifying and broadening the Agreement on customs cooperation and
mutual assistance in customs matters to include cooperation on container security and related
matters

(2004/634/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 133 thereof, in conjunction
with Article 300(2), first sentence thereof,

Having regard to the proposal from the Commission,

Whereas:

flow of legitimate trade in containers. In particular, it is
essential to ensure that all Community ports can partici-
pate in the Container Security Initiative on the basis of
uniform principles and that comparable standards are
promoted in United States (US) ports. Thus, the direct
aim and content of the Agreement concerns the facilita-
tion of legitimate trade between the Community and the
United States of America while ensuring on a reciprocal
basis a high level of security by allowing for cooperation
in developing actions in specific control areas in respect
of which the Community has competence.

(1)

(2)

(3)

The Agreement between the European Community and
the United States of America on customs cooperation
and mutual assistance in customs matters (1)
(CMAA)
provides for the possibility of its expansion with a view
to increasing the levels of customs cooperation and
supplementing them by means of agreements on specific
sectors or matters.

(5)

Member States should have the possibility to expand the
Container Security Initiative to all Community ports
through arrangements with the United States of America
identifying Community ports that participate in the
Container Security Initiative and providing for
the
stationing of US customs officials therein or to maintain
any such existing declarations of principles to that end,
provided these arrangements are in conformity with the
Treaty and compatible with the CMAA as expanded by
the Agreement.

The Commission has negotiated on behalf of the Com-
munity an agreement with the United States of America
intensifying and broadening the CMAA to include coop-
eration on container security and related matters (the
Agreement).

the

security

expands

customs

to cover

The Agreement
cooperation
between the Community and the United States of
America
and related
container
matters. It envisages the prompt and successful expan-
sion of the Container Security Initiative to all ports in
the Community that meet relevant requirements. The
Agreement also sets out a work programme for further
implementation measures, including the development of
standards for risk management techniques, information
required to identify high-risk shipments imported into
the Parties, and industry partnership programmes.

(4)

The external coordination of customs control standards
with the United States of America is necessary to ensure
supply chain security while guaranteeing the continued

(1) OJ L 222, 12.8.1997, p. 17.

(6)

It is necessary to ensure close cooperation between the
Member States and the Community institutions for the
purpose of further intensification and broadening of the
customs cooperation under the CMAA as expanded.

(7)

To that end a consultation procedure should be estab-
lished whereby Member States envisaging to negotiate
arrangements with the United States of America on
matters covered by the CMAA as expanded would
immediately notify such intention and provide the rele-
vant information. If so requested by a Member State or
the Commission within short time limits the information
should be the subject of consultations between the
Member States and the Commission.

30.9.2004

EN

Official Journal of the European Union

L 304/33

(8)

The main purpose of the consultations should be to
facilitate the exchange of information and to ensure that
the arrangements are consistent with the Treaty and
with common policies, in particular the common frame-
work of cooperation with the United States of America
set out in the CMAA as expanded.

(9) Where the Commission considers that an arrangement
that a Member State wishes to implement with the
United States of America is incompatible with the
CMAA as expanded or that the subject matter should be
addressed in the framework of the CMAA as expanded,
it should inform the Member State accordingly.

(10)

The consultation procedure should be without prejudice
to the respective competencies of the Member States and
the Community to conclude the arrangements envisaged.

(11)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the
United States of America on intensifying and broadening the
Agreement on customs cooperation and mutual assistance in
customs matters to include cooperation on container security
and related matters (the Agreement)
is hereby approved on
behalf of the European Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement in order to
bind the Community.

and comply with the latter, including minimum standards once
they are adopted.

The Commission and the Member States concerned may
consult each other in order to ensure that such arrangements
comply with the CMAA as expanded.

2.
Before a Member State commences negotiations on
arrangements with the United States of America relating to
matters other than those referred to in paragraph 1 but
covered by the CMAA as expanded, it shall notify the Commis-
sion and the other Member States and provide any relevant
information with the notification.

3. Member States or the Commission may request, within
eight working days of the receipt of the notification, consulta-
tions with the other Member States and the Commission. Such
consultations shall take place within three weeks of the receipt
of the notification. Where the matter is urgent, consultations
shall take place without delay.

4.
The Commission shall, no later than five days after the
conclusion of the consultations, give its written opinion on the
compatibility of the arrangements notified with the CMAA as
expanded,
including, where appropriate, the need to address
the matter in the framework of that Agreement.

5.
The consultations shall take place within the Committee
established by Article 247 of Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs
Code (1).

6. Member States shall transmit to the Commission and to
the other Member States a copy of the arrangements referred
to in paragraphs 1 and 2, as well as any denunciation of, or
amendments thereto.

Article 3

Done at Brussels, 30 March 2004.

1. Member States may maintain or conclude arrangements
with the United States of America in order to include Com-
munity ports in the Container Security Initiative. Any such
arrangement shall make reference to the CMAA as expanded

For the Council

The President

M. McDOWELL

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by
Regulation (EC) No 2700/2000 of the European Parliament and of
the Council (OJ L 311, 12.12.2000, p. 17).