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: 2004-04-28
Institutions: European Community, United States
Subjects: United States, container, cooperation agreement (EU), customs cooperation, transport safety

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Official Journal of the European Union

30.9.2004

between the European Community and the United States of America on intensifying and broad-
ening the Agreement on customs cooperation and mutual assistance in customs matters to include
cooperation on container security and related matters

AGREEMENT

THE EUROPEAN COMMUNITY AND THE UNITED STATES OF
AMERICA,

(8)

Having regard to the provisions of the Agreement between the
European Community and the United States of America on
customs cooperation and mutual assistance in customs matters,
which was signed 28 May 1997, hereafter called ‘the CMAA’,

Recognising the high volume of two-way sea-container
and other modes of trade between the European Com-
munity and the United States of America, and the
important role of both the European Community and
the United States of America as transport hubs for
containers coming from many countries.

Whereas:

(9)

Recognising that global sea containers are imported into,
transhipped through, or transiting the United States of
America and the European Community.

Acknowledging that US Customs and Border Protection
is, as of 1 March 2003, the successor to the United
States Customs Service under the CMAA.

(10)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Recalling that the Contracting Parties may by mutual
consent decide to expand areas of cooperation under the
CMAA pursuant to Article 3.

Recalling that, under Article 22 of the CMAA, the JCCC
consists of representatives of the Customs Authorities of
the Contracting Parties, which in the European Com-
munity are the competent services of the Commission of
the European Communities assisted by the customs
authorities of the Member States of the European Com-
munity and in the United States of America is the US
Customs and Border Protection, Department of Home-
land Security.

that

Recognising
Joint Customs Cooperation
Committee (JCCC) was established under Article 22 of
the CMAA.

the

Acknowledging the long-standing, close and productive
relations between the Customs Authorities of the United
States of America and of the European Community.

things,

Being convinced that this cooperation can be further
intensifying the
improved by, among other
exchange of relevant
information and best practices
among the US Customs and Border Protection, the Euro-
pean Commission and the
customs authorities of
Member States of the European Community in order to
international
ensure that general customs controls of
trade take due account of security concerns.

Acknowledging the importance of extending this coop-
eration to all modes of international transport and all
kinds of goods, initially putting priority on sea-container
transport.

Being convinced that there is a need to deter, prevent,
and interdict any terrorist attempts to disrupt global
trade by concealing terrorist weapons in global sea-
container trade or other shipments, or by using such
shipments as weapons.

(11)

Being convinced of the need to increase security for the
European Community and the United States of America
and at the same time facilitate legitimate trade.

(12) Noting the importance of developing, to the extent prac-
ticable, reciprocal systems for securing and facilitating
legitimate trade with due regard to threat assessments.

(13)

(14)

(15)

Recognising that substantially greater security of legiti-
mate trade can be achieved through a system where the
customs authority of the importing country works colla-
boratively with customs authorities involved in earlier
parts of the supply chain to use timely information and
inspection technology to target and screen high-risk
containers before they are shipped from their ports or
places of loading or transhipment.

Supporting the objectives of
the Container Security
Initiative (CSI), which is designed to safeguard global
maritime trade by enhancing cooperation at seaports
world wide in order to identify and examine high-risk
containers and ensure their in-transit integrity.

Recalling Article 5 of the CMAA that determines the
relationship between that Agreement and any bilateral
agreement on cooperation and mutual assistance in
customs matters that have been or may be concluded
between individual Member States of the European Com-
munity and the United States of America.

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Official Journal of the European Union

L 304/35

(16)

Recognising that expansion of CSI should occur as
quickly as possible for all ports within the European
Community where the exchange of sea-container traffic
with the United States of America is more than de
minimis and where certain minimum requirements are
met and where adequate inspection technology exists,

HAVE AGREED ON THE FOLLOWING:

Article 1

the
To intensify and broaden customs cooperation under
CMAA to improve the security of sea-container and other ship-
ments from all locations that are imported into, transhipped
through, or transiting the European Community and the United
States of America.

Article 2

To take due account of Article 5 of the CMAA, which deter-
mines the relations between the CMAA and any bilateral agree-
ment on cooperation and mutual assistance in customs matters
between Member States of the European Community and the
United States of America, and any CSI declarations of principles
that complement such bilateral agreements

Article 3

That the objectives of the intensified and broadened coopera-
tion include, but are not limited to:

1. supporting the prompt and successful expansion of the CSI
to all ports in the European Community that meet relevant
requirements, and promoting comparable standards in the
relevant US ports;

2. working together to reinforce the customs related aspects
for securing the logistics chain of international trade and, in
particular, as a first priority to enhance the identification

and security screening of all high-risk sea-container ship-
ments;

3. establishing minimum standards, to the greatest extent prac-
ticable, for risk-management techniques and related require-
ments and programs; and

4. coordinating positions, to the greatest extent practicable, in
fora where issues related to container

any multilateral
security may be appropriately raised and discussed.

Article 4

To consider in the JCCC the appropriate form and content of
documents and/or measures further implementing the intensi-
fied and broadened customs cooperation under this Agreement.

Article 5

To form a Working Group, comprised of representatives of US
Customs and Border Protection and of the European Commis-
sion assisted by interested Member States in order to examine
and make recommendations to the JCCC on issues including,
but not limited to those identified in the Annex.

Article 6

That the Working Group is to report on a regular basis to the
Commissioner of US Customs and Border Protection and the
Director-General of the Taxation and Customs Union Directo-
rate General of the European Commission and annually to the
JCCC on the progress of its work.

Article 7

This Agreement shall enter into force upon signature by the
Parties which shall have the effect of expressing their consent
to be bound. If the Agreement is not signed the same day on
behalf of both Parties, the Agreement shall enter into force on
the day on which the second signature is affixed.

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Hecho en Bruselas, el veintiocho de abril de dos mil cuatro.

Udfærdiget i Bruxelles den otteogtyvende april to tusind og fire.

Geschehen zu Brüssel am achtundzwanzigsten April zweitausendundvier.
Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Απριλίου δύο χιλιάδες τέσσερα.

Done at Brussels on the twenty-eighth day of April in the year two thousand and four.

Fait à Bruxelles, le vingt-huit avril deux mille quatre.

Fatto a Bruxelles, addì ventotto aprile duemilaquattro.

Gedaan te Brussel, de achtentwintigste april tweeduizendvier.

Feito em Bruxelas, em vinte e oito de Abril de dois mil e quatro.

Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä huhtikuuta vuonna kaksituhattaneljä.

Som skedde i Bryssel den tjugoåttonde april tjugohundrafyra.

FOR THE EUROPEAN COMMUNITY

FOR THE UNITED STATES OF AMERICA

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ANNEX

Annex to the Agreement between the European Community and the United States of America on intensifying
and broadening the CMAA to include cooperation on container security and related matters

The Working Group created under paragraph 5 of the Agreement between the European Community and the United
States of America on intensifying and broadening the CMAA to include cooperation on Container Security and related
matters shall examine and make recommendations on issues including, but not limited to, the following areas of coop-
eration between US Customs and Border Protection and Customs authorities in the European Community with a view to
ensuring that general customs controls of international trade take due account of security concerns:

(a) defining minimum standards, in particular in view of participating in CSI, and recommending methods by which

those standards may be met;

(b) identifying and broadening the application of best practices concerning security controls of international trade, espe-

cially those developed under CSI;

(c) defining and establishing standards to the greatest extent practicable for the information required to identify high-
risk shipments imported into, transhipped through, or transiting the United States of America and the European
Community;

(d) improving and establishing standards to the greatest extent practicable for targeting and screening such high-risk
shipments, to include information exchange, the use of automated targeting systems, and the development of
minimum standards for inspection technologies and screening methodologies;

(e) improving and establishing standards to the greatest extent practicable for industry partnership-programs designed

to improve supply chain security and facilitate the movement of legitimate trade;

(f) identifying any regulatory or legislative changes that would be necessary to implement the recommendations of the

Working Group; and

(g) considering the type of documents and measures further implementing the intensified and broadened customs coop-

eration on the issues set out in this Annex.