Proposal for a Council Decision on an agreement between the Government of the People's Republic of China and the European Community on cooperation and mutual administrative assistance in customs matters
Date: 2004-04-23
Institutions: European Commission
Subjects: China, administrative cooperation, agreement (EU), customs cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.04.2004 
COM(2004)299 final 

2004/0093(ACC) 

Proposal for a 

COUNCIL DECISION 

on an agreement between the Government of the People's Republic of China and the 
European Community on cooperation and mutual administrative assistance in customs 
matters 

(presented by the Commission) 

EN 

   EN 

 
 
 
 
1. 

2. 

3. 

4. 

EXPLANATORY MEMORANDUM 

In  April  1993  the  Council  authorised  the  Commission  to  negotiate  customs 
cooperation  agreements  on  behalf  of  the  Community  with  Canada,  Hong  Kong, 
Japan,  Korea  and  the  United  States.  This  authorisation  has  been  extended  in  May 
1997 with regard to the ASEAN countries and China. Such agreements have so far 
been signed with the Republic of Korea (1997), the USA (1997), Canada (1997) and 
Hong Kong (1999). A new customs agreement with India will shortly be adopted by 
the Council. 

The negotiations shall be conducted in accordance with the Directives set out in the 
Council Decision of April 1993. 

There have been a number of meetings with the authorities of the People's Republic 
of China, both in Brussels and Beijing regarding the customs cooperation and mutual 
administrative  assistance  agreement.  Following  the  round  of  negotiations  that  took 
place  in  Beijing  on  10-12  February  2004,  the  parties  agreed  on  the  text  of  the 
enclosed Agreement. 

In order to enable the Agreement on customs cooperation and mutual administrative 
assistance  in  customs  matters  to  be  concluded  by  the  European  Community  and 
signed  as  soon  as  possible,  the  Commission  proposes  that  the  Council  approve  the 
attached proposal for a decision on the signing and conclusion of the Agreement. 

2 

 
 
  
 
2004/0093(ACC) 

Proposal for a 

COUNCIL DECISION 

on an agreement between the Government of the People's Republic of China and the 
European Community on cooperation and mutual administrative assistance in customs 
matters 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
133 read in conjunction with Article 300 (2), sub-paragraph one, first sentence, thereof,  

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

in April 1993 the Council adopted a Decision authorising the Commission to negotiate 
a  customs  cooperation  agreement  on  behalf  of  the  Community  with  Canada,  Hong 
Kong, Japan, Korea and the United States, extended in May 1997 with regard to the 
ASEAN countries and China, 

the Agreement between the European Community and the People's Republic of China 
on  customs  cooperation  and  mutual  administrative  assistance  in  customs  matters 
should be approved, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Agreement  between  the  European  Community  and  People's  Republic  of  China  on 
customs  cooperation  and  mutual  administrative  assistance  in  customs  matters  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 
Community  on  the  Joint  Customs  Cooperation  Committee  set  up  under  Article  21  of  the 
Agreement. 

3 

 
 
  
 
Article 3 

The President of the Council is hereby authorised to designate the persons empowered to sign 
the  Agreement  on  behalf  of  the  Community,  thereby  expressing  the  consent  of  the 
Community to be bound. 

Article 4 

The  President  of  the  Council  shall  effect  the  notification  provided  for  in  Article  22  of  the 
Agreement on behalf of the Community.1 

Done at Brussels,  

For the Council 
The President   

1  

The  date  of  the  entry  into  force  of  the  Agreement  will  be  published  in  the  Official  Journal  of  the 
European Communities by the General Secretariat of the Council. 

4 

 
 
  
 
 
 
                                                 
ANNEX 
AGREEMENT 
BETWEEN THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA 
AND THE EUROPEAN COMMUNITY 
ON COOPERATION AND MUTUAL ADMINISTRATIVE ASSISTANCE 
IN CUSTOMS MATTERS 

THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA, and THE EUROPEAN 
COMMUNITY (hereinafter referred to as the ‘Contracting Parties’), 

CONSIDERING  the  importance  of  the  commercial  links  between  the  People’s  Republic  of 
China  and  the  European  Community,  and  desirous  of  contributing  to  the  benefit  of  both 
Contracting Parties, to the harmonious development of those links; 

BELIEVING  THAT,  in  order  to  attain  this  objective,  there  should  be  an  undertaking  to 
develop customs cooperation; 

TAKING  into  account  the  development  of  customs  cooperation  between  the  Contracting 
Parties, concerning customs procedures; 

CONSIDERING that operations in breach of  customs legislation  including infringements of 
intellectual property rights, 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,  in  particular,  by  a  correct  application  of  the  rules  on 
customs valuation, origin and tariff classification; 

CONVINCED  that  action  against  such  operations  can  be  made  more  effective  through 
cooperation between competent administrative authorities; 

HAVING regard to obligations imposed under international conventions already accepted by, 
or applied to the Contracting Parties; as well as Customs related activities undertaken by the 
World Trade Organisation;  

HAVING  regard  to  the  Agreement  on  Trade  and  Economic  Cooperation  between  the 
European Economic Community and the People's Republic of China signed in 1985. 

HAVE AGREED AS FOLLOWS: 

TITLE 1 

GENERAL PROVISIONS 

Article 1 

Definitions 

For the purposes of the Agreement: 

(a) 

‘customs  legislation’  shall  mean  any  laws,  provisions  or  other  legally  binding 
instruments  of  the  European  Community  or  the  People's  Republic  of  China, 
governing the import, export and transit of goods and their placing under any other 

5 

 
 
  
 
(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

customs  regime  or  procedure,  including  measures  of  prohibitions,  restrictions  and 
control; 

‘customs  authority’  shall  mean,  in  the  People’s  Republic  of  China,  the  General 
Administration of Customs of the People’s Republic of China, and in the European 
Community,  the  competent  services  responsible  for  customs  matters  of  the 
Commission  of  the  European  Communities  and  the  customs  authorities  of  the 
Member States of the European Community;  

‘applicant authority’ shall mean a competent customs authority which is designated 
by a Contracting Party for this purpose and which makes a request for administrative 
assistance, on the basis of this Agreement; 

‘requested authority’ shall mean a competent customs authority which is designated 
by  a  Contracting  Party  for  this  purpose  and  which  receives  a  request  for 
administrative assistance, on the basis of this Agreement; 

‘personal  data’  shall  mean  all  information  relating  to  an  identified  or  identifiable 
individual; 

operation  in  breach  of  customs  legislation’  shall  mean  any  violation  or  attempted 
violation of the customs legislation; 

‘person’ shall mean either a human being or a legal entity;  

‘information’ shall mean data, whether or not processed or analysed, and documents, 
reports, and other communications in any format, including electronic, or certified or 
authenticated copies thereof. 

Article 2 

Territorial application 

This Agreement shall apply on the one hand, to the customs territory of the People’s Republic 
of  China  and,  on  the  other  hand,  to  the  territories  in  which  the  Treaty  establishing  the 
European Community is applied and under the conditions laid down in that Treaty. 

Article 3 

Future developments 

The  Contracting  Parties  may  by  mutual  consent  expand  this  Agreement  with  a  view  to 
increasing  the  levels  of  customs  cooperation  and  supplementing  them,  in  accordance  with 
their respective customs legislation, by means of agreements on specific sectors or matters. 

6 

 
 
  
 
TITLE II 

Article 4 

Performance of cooperation and assistance 

All  cooperation  and  assistance  under  this  Agreement  shall  be  performed  by  the  Contracting 
Parties  in  accordance  with  their  relevant  laws,  provisions,  and  other  legal  instruments.  In 
addition,  all  cooperation  and  assistance  under  this  Agreement  by  either  Contracting  Party 
shall be performed within the limits of its competence and available resources. 

Article 5 

Obligations imposed under other agreements 

1. 

Taking  into  account  the  respective  competencies  of  the  European  Community  and 
the Member States, the provisions of this Agreement shall:  

(a) 

not  affect  the  obligations  of  the  Contracting  Parties  under  any  other 
international agreement or convention,  

(b)  be  deemed  complementary  with  agreements  on  customs  cooperation  and 
mutual  administrative  assistance  which  have  been  or  may  be  concluded 
between individual Member States and the People's Republic of China, 

(c) 

not  affect  the  Community  provisions  governing  the  communication  between 
the  competent  services  of  the  Commission  and  the  customs  authorities  of  the 
Member States of any information obtained under this Agreement which could 
be of interest to the Community;  

2. 

3. 

Notwithstanding  the  provisions  of  paragraph  1,  the  provisions  of  this  Agreement 
shall  take  precedence  over  the  provisions  of  any  bilateral  agreement  on  customs 
cooperation  and  mutual  administrative  assistance  which  has  been  or  may  be 
concluded  between  individual  Member  States  and  the  People's  Republic  of  China, 
insofar as the provisions of the latter are incompatible with those of this Agreement. 

In respect of questions relating to the applicability of this Agreement, the Contracting 
Parties  shall  consult  each  other  to  resolve  the  matter  in  the  framework  of  the  Joint 
Customs Cooperation Committee set up under Article 21 of this Agreement. 

7 

 
 
  
 
TITLE III 

CUSTOMS COOPERATION 

Article 6 

Scope of the cooperation 

1. 

The  Contracting  Parties  shall  undertake  to  develop  customs  cooperation.  In 
particular, the Contracting parties shall seek to cooperate in: 

(a) 

establishing  and  maintaining  channels  of  communication  between  their 
customs authorities to facilitate and secure the rapid exchange of information; 

(b) 

facilitating effective coordination between their customs authorities;  

(c) 

any other administrative matters related to this Agreement that may from time 
to time require their joint action. 

2. 

3. 

The  Contracting  Parties  undertake  to  develop  trade  facilitation  actions  in  customs 
matters  taking  account  of  the  work  done  in  this  connection  by  international 
organisations.  

Under  this  Agreement,  customs  cooperation  shall  cover  all  matters  relating  to  the 
application of customs legislation. 

Article 7 

Cooperation in customs procedures 

The  Contracting  Parties  affirm  their  commitment  to  the  facilitation  of  the  legitimate 
movement  of  goods  and  shall  exchange  information  and  expertise  on  measures  to  improve 
customs  techniques  and  procedures  and  on  computerised  systems  with  a  view  towards 
implementing that commitment in accordance with the provisions of this Agreement. 

Article 8 

Technical cooperation 

The  Customs  Authorities  of  the  Contracting  Parties  may  provide  each  other  with  technical 
assistance when mutually beneficial in Customs matters including: 

(a) 

(b) 

the  exchange  of  personnel  and  experts,  for  the  purposes  of  promoting  the 
mutual understanding of each other’s Customs law, procedures and techniques; 

the  training,  particularly  developing  specialised  skills  of  their  Customs 
officials; 

8 

 
 
  
 
(c) 

the exchange of professional, scientific and technical data relating to customs 
law and procedures. 

(d) 

techniques and improved methods of processing passengers and cargo. 

(e) 

any  other  general  administrative  matters  that  may  from  time  to  time  require 
joint actions by their Customs administrations. 

Article 9 

Coordination in international organisations 

The  customs  authorities  shall  seek  to  develop  and  strengthen  their  cooperation  on  topics  of 
common interest in order to seek a coordinated position when those topics are discussed in the 
framework of international organisations. 

TITLE IV 

MUTUAL ADMINISTRATIVE ASSISTANCE 

Article 10 

Scope 

1. 

2. 

3. 

1. 

The Customs authorities shall assist each other by providing appropriate information 
which  helps  to  ensure  the  proper  application  of  customs  legislation  and  the 
prevention, investigation and combating of any breach of Customs legislation. 

Assistance in customs matters, as provided for in this Agreement, shall apply to any 
administrative  authority  of  the  Contracting  Parties  which  is  competent  for  the 
application  of  this  Agreement.  It  shall  not  prejudice  the  rules  governing  mutual 
assistance in criminal matters. Nor shall it cover information obtained under powers 
exercised at the request of a judicial authority; 

Assistance to recover duties, taxes or fines, or the arrest or detention of any person or 
seizure or detention of property is not covered by this Agreement.  

Article 11 

Assistance on request 

At the request of the applicant authority, the requested authority shall provide it with 
all  relevant  information  which  may  enable  it  to  ensure  that  customs  legislation  is 
correctly  applied,  including  information  regarding  activities  detected  or  planned 
which are or could be operations in breach of customs legislation. In particular, upon 
request,  the  Customs  authorities  shall  furnish  to  each  other  information  regarding 
activities  that  may  result  in  offences  within  the  territory  of  the  other  Party,  for 
example, incorrect customs declarations and certificates of origin, invoices or other 
documents known to be, or suspected of being, incorrect or falsified.  

9 

 
 
  
 
2. 

At the request of the applicant authority, the requested authority shall inform it of: 

(a) 

the  authenticity  of  official  documents  produced  in  support  of  a  goods 
declaration made to the customs authority of the requesting party; 

(b)  whether  goods  exported  from  the  territory  of  one  of  the  Contracting  Parties 
have  been  legally  imported  into  the  territory  of  the  other  Contracting  Party, 
specifying, where appropriate, the customs procedure applied to the goods; 

(c)  whether  goods  imported  into  the  territory  of  one  of  the  Contracting  Parties 
have  been  legally  exported  from  the  territory  of  the  other  Contracting  Party, 
specifying, where appropriate, the customs procedure applied to the goods. 

3. 

At  the  request  of  the  applicant  authority,  the  requested  authority  shall,  within  the 
framework  of  its  laws,  provisions  or  other  legally  binding  instruments,  take  the 
necessary steps to ensure special surveillance of: 

(a) 

persons in respect of whom there are reasonable grounds for believing that they 
are or have been involved in operations in breach of customs legislation; 

(b)  places where stocks of goods have been or may be stored or assembled in such 
a  way  that  there  are  reasonable  grounds  for  believing  that  these  goods  are 
intended to be used in operations in breach of customs legislation; 

(c) 

goods  that  are  or  may  be  transported  in  such  a  way  that  there  are  reasonable 
grounds for believing that they are intended to be used in operations in breach 
of customs legislation; 

(d)  means  of  transport  that  are  or  may  be  used  in  such  a  way  that  there  are 
reasonable grounds for believing that they are intended to be used in operations 
in breach of customs legislation. 

Article 12 

Spontaneous assistance 

The Contracting Parties shall assist each other, at their own initiative and in accordance with 
their laws, provisions or other legally binding instruments if they consider that to be necessary 
for the correct application of customs legislation, in particular in situations that could involve 
substantial damage to the economy, public health, public security or similar vital interest of 
the other Contracting Party pertaining to: 

(a) 

activities which are or appear to be operations in breach of customs legislation 
and which may be of interest to the other Contracting Party; 

(b)  new  means  or  methods  employed  in  carrying  out  operations  in  breach  of 

customs legislation; 

(c) 

goods known to be subject to operations in breach of customs legislation; 

(d)  persons in respect of whom there are reasonable grounds for believing that they 
are or have been involved in operations in breach of customs legislation; 

10 

 
 
  
 
(e)  means  of  transport  in  respect  of  which  there  are  reasonable  grounds  for 
believing that they have been, are, or may  be used in operations  in breach of 
customs legislation. 

Article 13 

Form and substance of requests for assistance 

1. 

Requests  pursuant  to  this  Agreement  shall  be  made  in  writing.  They  shall  be 
accompanied  by  the  documents  necessary  to  enable  compliance  with  the  request. 
When  required  because  of  the  urgency  of  the  situation,  oral  requests  may  be 
accepted, but shall be confirmed promptly in writing. 

2. 

Requests pursuant to paragraph 1 shall include the following information: 

(a)  The formal endorsement of the applicant authority; 

(b) 

the action requested; 

(c) 

the object of and the reason for the request; 

(d) 

the laws, regulations or other legally binding instruments involved; 

(e) 

indications as exact and comprehensive as possible on the persons who are the 
target of the investigations; 

(f) 

a summary of the relevant facts and of the enquiries already carried out. 

Requests shall be submitted in an official language of the requested authority or in a 
language  acceptable  to  that  authority.  This  requirement  shall  not  apply  to  any 
documents that accompany the request under paragraph 1. 

If  a  request  does  not  meet  the  formal  requirements  set  out  above,  its  correction  or 
completion  may  be  requested;  precautionary  measures  may  be  ordered  in  the 
meantime. 

Article 14 

Execution of requests 

In  order  to  comply  with  a  request  for  assistance,  the  requested  authority  shall 
proceed, within the limits of its competence and available resource, as though it were 
acting  on  its  own  account  or  at  the  request  of  other  authorities  of  that  same 
Contracting  Party,  by  supplying  information  already  possessed,  by  carrying  out 
appropriate enquiries or by arranging for them to be carried out. 

Requests for assistance shall be executed in accordance with the laws, regulations or 
other legally binding instruments of the requested authority. 

Duly authorised officials of a Contracting Party may, with the agreement of the other 
Contracting Party and subject to the conditions laid down by the latter, be present at 
enquiries carried out in the latter’s jurisdiction into specific cases. 

11 

3. 

4. 

1. 

2. 

3. 

 
 
  
 
4. 

1. 

2. 

1. 

2. 

3. 

4. 

In the event that the request cannot be complied with, the applicant authority shall be 
notified  promptly  of  that  fact,  with  a  statement  of  the  reasons  and  of  any  other 
information  that  the  requested  authority  considers  may  be  of  assistance  to  the 
applicant authority. 

Article 15 

Form in which information is to be communicated 

The  requested  authority  shall  communicate  results  of  enquiries  to  the  applicant 
authority in writing together with relevant documents, certified copies or other items. 

This  information  may  be  in  computerised  form  which  shall  where  necessary  be 
confirmed in writing immediately afterwards.  

Article 16 

Exceptions to the obligation to provide assistance 

Assistance may be refused or may be subject to the satisfaction of certain conditions 
or requirements in cases where a Contracting Party is of the opinion that assistance 
under this Agreement would: 

(a) 

be likely to prejudice the sovereignty of the People’s Republic of China or that 
of  a  Member  State  of  the  European  Community  which  has  been  requested  to 
provide assistance under this Agreement; or 

(b)  be  likely  to  prejudice  public  order,  security  or  other  essential  interests,  in 

particular in the cases referred to under Article 17(2) or 

(c) 

violate an industrial, commercial or professional secret. 

Assistance  may  be  postponed  by  the  requested  authority  on  the  ground  that  it  will 
interfere  with  an  ongoing  investigation,  prosecution  or  proceeding.  In  such  a  case, 
the  requested  authority  shall  consult  with  the  applicant  authority  to  determine  if 
assistance can be given subject to such terms or conditions as the requested authority 
may require. 

Where  the  applicant  authority  seeks  assistance  which  it  would  itself  be  unable  to 
provide if so requested, it shall draw attention to that fact in its request. It shall then 
be for the requested authority to decide how to respond to such a request. 

For  the  cases  referred  to  in  paragraphs  1  and  2,  the  decision  of  the  requested 
authority and the reasons therefore must be communicated to the applicant authority 
without undue delay. 

12 

 
 
  
 
Article 17 

Information exchange and confidentiality 

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 similar information under the relevant laws of 
the  Contracting  Party  that  received  it  and  the  corresponding  provisions  applying  to 
the Community authorities. 

Personal  data  may  be  exchanged  only  where  the  Contracting  Party  which  may 
receive  it  undertakes  to  protect  such  data  in  at  least  an  equivalent  way  to  the  one 
applicable  to  that  particular  case  in  the  Contracting  Party  that  may  supply  it.  The 
Contracting  Party  that  may  supply  the  information  shall  not  stipulate  any 
requirements that are more onerous than those applicable to it in its own jurisdiction. 
The  Contracting  Parties  shall  communicate  to  each  other  information  on  their 
applicable  rules,  including  where  appropriate,  legal  provisions  in  force  in  the 
Member States of the Community. 

Nothing  in  this  Agreement  shall  preclude  the  use  of  information  or  documents 
obtained  in  accordance  with  this  Agreement  as  evidence  in  administrative 
proceedings  subsequently  instituted  in  respect  of  operations  in  breach  of  customs 
legislation.  Therefore,  the  Contracting  Parties  may,  in  their  records  of  evidence, 
reports  and  testimonies  and  in  administrative  proceedings  use  as  evidence 
information obtained and documents consulted in accordance with the provisions of 
this  Agreement.  The  competent  authority  which  supplied  that  information  or  gave 
access to those documents shall be notified of such use.  

Information obtained shall be used solely for the purposes of this Agreement. Where 
one of the Contracting Parties wishes to use such information for other purposes, it 
shall  obtain  the  prior  written  consent  of  the  authority  which  provided  the 
information.  Such  use  shall  then  be  subject  to  any  restrictions  laid  down  by  that 
authority. 

Practical arrangements for the implementation of this Article shall be determined by 
the Joint Customs Cooperation Committee established under Article 21. 

1. 

2. 

3. 

4. 

5. 

Article 18 

Experts and witnesses 

An  official  of  a  requested  authority  may  be  authorised  to  appear,  within  the  limitations  of 
authorisation  granted,  as  an  expert  or  witness  in  administrative  proceedings  regarding  the 
matters covered by this Agreement in the territory of the other Contracting Party, and produce 
such  objects,  documents  or  certified  copies  thereof,  as  may  be  needed  for  the  proceedings. 
The  request  for  appearance  must  indicate  specifically  before  which  administrative  authority 
the official will have to appear, on what matters and by virtue of what title or qualification the 
official will be questioned. 

13 

 
 
  
 
1. 

2. 

1. 

2. 

1. 

Article 19 

Assistance 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  those  to  interpreters  and  translators  who  are  not  public 
service employees. 

If  expenses  of  a  substantial  or  extraordinary  nature  are,  or  will  be,  required  to 
execute the request, the Contracting Parties shall consult to determine the terms and 
conditions under which the request will be executed as well as the manner in which 
the costs shall be borne. 

TITLE V 

FINAL PROVISIONS 

Article 20 

Implementation 

The implementation of this Agreement shall be entrusted to the customs authorities 
of  the  Commission  of  the  European  Communities  and,  where  appropriate,  of  the 
Member  States  of  the  European  Community  on  the  one  hand,  and  to  the  Customs 
authority  of  the  People's  Republic  of  China,  on  the  other.  They  shall  decide  on  all 
practical  measures  and  arrangements  necessary  for  its  application,  taking  into 
consideration the rules in force in particular in the field of data protection. They may 
recommend  to  the  competent  bodies  amendments  which  they  consider  should  be 
made to this Agreement. 

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 21 

Joint Customs Cooperation Committee 

A  Joint  Customs  Cooperation  Committee  is  hereby  established,  consisting  of 
representatives of the customs authorities of the People's Republic of China and the 
European Community. It shall meet at a place, on a date and with an agenda, fixed by 
mutual agreement. 

2. 

The Joint Customs Cooperation Committee shall inter alia: 

(a) 

see to the proper functioning of the Agreement;  

(b) 

examine all issues arising from its application; 

14 

 
 
  
 
(c) 

(d) 

(e) 

take  measures  necessary  for  customs  cooperation  in  accordance  with  the 
objectives of this Agreement; 

exchange  views  on  any  points  of  common  interest  regarding  customs 
cooperation, including future measures and the resources for them; 

recommend  solutions  aimed  at  helping  to  attain  the  objectives  of  this 
Agreement. 

The  Joint  Customs  Cooperation  Committee  shall  adopt  its  internal  rules  of 
procedure. 

The  Joint  Customs  Cooperation  Committee  will  where  appropriate,  keep  informed 
the  Joint  Commission  set  up  under  Article  15  of  the  Agreement  on  Trade  and 
Economic  Cooperation  between  the  European  Economic  Community  and  China  of 
activities going on under this Agreement. 

Article 22 

Entry into force and duration 

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. 

Each Contracting party may terminate this Agreement by giving notice to the other in 
writing. The termination shall take effect three months from the day of notification to 
the other Contracting Party. Requests for assistance which have been received prior 
to  the  termination  of  the  Agreement  shall  be  completed  in  accordance  with  the 
provisions of this Agreement. 

3. 

4. 

1. 

2. 

Article 23 

Authentic texts 

This  Agreement  shall  be  drawn  up  in  duplicate  in  the  Czech,Danish,  Dutch,  English, 
Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, 
Polish,  Portuguese,  Slovak,  Slovenian,  Spanish,  Swedish  and  Chinese  languages,  each  text 
being equally authentic. 

In  witness  whereof,  the  undersigned,  being  duly  authorised  to  do  so,  have  signed  this 
Agreement. 

Done in duplicate at Brussels on ............................in the year two thousand ................. 

For the European Community 

For  the  Government  of  the  People’s 
Republic of China 

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