Proposal for a Council Decision concerning the conclusion of the Agreement between the European Community and the Government of Japan on customs cooperation and mutual administrative assistance in customs matters
Date: 2007-04-11
Institutions: European Commission
Subjects: Japan, administrative cooperation, cooperation agreement (EU), customs cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.4.2007 
COM(2007) 177 final 

2007/0067 (ACC) 

Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community and the 
Government of Japan on customs cooperation and mutual administrative assistance in 
customs matters 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

As part of the EU external policy, the European Community is seeking to cooperate on 
customs  matters  at  international  level  with  its  largest  trading  partners.  Based  on  a 
Recommendation  of  the  Commission  for  a  Council  authorisation  concerning  the 
negotiation of customs cooperation agreements, the Council decided on 5 April 1993 to 
authorise  the  Commission  to  start  negotiations  with  its  main  trading  partners:  Korea, 
Canada, USA, Hong Kong and Japan. A Customs Cooperation Agreement between the 
EC and Japan would be an important tool to balance trade liberalisation and procedural 
trade facilitation with regard to fighting against fraud and illegal activities. 

120 

•  General context 

In  coherence  with  the  EC's  international  customs  cooperation  policy,  Customs 
Cooperation  and  Mutual  Administrative  Assistance  Agreements,  allow  the  parties  to 
put the necessary tools for customs cooperation in place. So far, the EC has concluded 
Customs Cooperation Agreements with Korea, Hong Kong, Canada, the US, India and 
China.  Japan  is  the  only  one  of  the  EC's  main  trading  partners  that  has  not  yet 
concluded a Customs agreement with the EC. 

The EC-Japan Customs Cooperation Agreement, considered a priority within the EU-
Japan  Action  Plan,  would  provide  an  ideal  framework  to  discuss  all  customs  related 
issues  and  problems  such  as  trade  facilitation,  enforcement  of  Intellectual  Property 
Rights (IPR) legislation and fight against counterfeit as well as security of the logistic 
supply chain, which are priority areas for the EU and for Japan. 

Contacts in view of the negotiation of the Agreement EC-Japan started only in 2004, 
and  were  followed  by  a  number  of  formal  negotiating  rounds  with  the  authorities  of 
Japan in 2005 and 2006. 

Following  the  last  round  of  negotiations  in  2006  and  the  legal  proof-reading  of  the 
draft agreement by the Cabinet Legislation Bureau from Japan at the end of last year, 
both sides found agreement on the enclosed text. In order to enable the Agreement on 
customs  co-operation  and  mutual  administrative  assistance  in  customs  matters  to  be 
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. 

130 

•  Existing provisions in the area of the proposal 

The draft Customs Cooperation Agreement EC-Japan contains the standards provisions 
on  Legislative  Cooperation,  Technical  Assistance  and  Mutual  Administrative 
Assistance  included  in  previous  Customs  Cooperation  and  Mutual  Administrative 
Assistance Agreements. 

140 

•  Consistency with the other policies and objectives of the Union 

The proposal is fully consistent with the EC's Customs policy vis-à-vis third countries 

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on  Customs  Cooperation.  It  aims  at  the  simplification  and  harmonisation  of  customs 
procedures  and  provides  the  means  to  fight  against  customs  fraud  and  to  exchange 
information on Mutual Administrative Assistance matters. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

211 

Consultation methods, main sectors targeted and general profile of respondents 

Member States have been regularly consulted at the Council's Customs Union Working 
Party during the negotiations. 

OLAF,  DG  RELEX  DG  TRADE  and  the  LS  have  received  the  Agreement  for  input 
prior to launching the Inter Service Consultation. 

212 

Summary of responses and how they have been taken into account 

The  proposal  contains  the  oral  input  provided  by  Member  States,  represented  at  the 
Council's Customs Union Working Party, 

It reflects also the relevant Commission services' contribution.  

The  bodies  consulted  share  the  view  that  the  Agreement  is  the  standard  document  in 
line with previous EC' Customs Cooperation arrangements with third countries 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

229 

230 

No  public  consultation  has  been  designed  to  form  part  of  the  strategic  approach  to 
customs relations between the EU and Japan. However, in various EU-Japan fora and 
dialogues,  interested  parties  such  as  governments,  private  companies,  consultants, 
business  associations  and  industry  federations,  have  expressed  their  expectation  that 
the  EC-Japan  Customs  Cooperation  Agreement  would  play  a  considerable  role  in 
addressing current difficulties that the EC and Japan face in Customs matters. 

The  Agreement  will  provide  a  legal  basis  for  the  exchange  of  information  and 
administrative assistance between the contracting parties for the proper application of 
Customs  law  and  presents  some  benefits  and  modern  co-operation  methods  that 
involve a variety of enforcement techniques. 

The  proposal  will  be  a  legal  instrument  necessary  to  ensure  proper  Customs 
Cooperation  between  the  EC  and  Japan  and  will  reflect  the  recognition  of  the 
increasing scale, scope and sophistication of international piracy and counterfeiting and 
the parties' commitment to improve the protection of intellectual property, to secure the 
international  supply  chain  while  facilitating  the  movement  of  legitimate  goods  being 
traded around the globe. 

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3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

In  accordance  with  the  1993  Council's  directives  and  considering  the  importance  of 
commercial links between Japan (one of our main trading partners) and the EC, there is 
an  undertaking  to  ensure  an  effective  cooperation  between  the  Parties'  customs 
authorities. 

the  parties 

The  attached  proposal  aims  at  the  adoption  by  the  Council  of  a  Decision  on  the 
agreement  between  the  European  Community  and  Japan  on  cooperation  and  mutual 
administrative assistance in customs matters The adoption of such an instrument will 
allow 
to  fight  against  customs 
infringements,  the  prevention,  investigation  and  combating  of  any  breach  of  customs 
legislation,  the  simplification  and  harmonisation  of  customs  procedures  and  the 
possibility  to  exchange  information  regarding  activities  that  may  result  in  offences 
within the territory of the other Party. 

to  develop  customs  cooperation 

310 

•  Legal basis 

According  to  art.  133  of  the  Treaty  establishing  the  European  Community,  where 
agreements  with  one  or  more  States  or  international  organisations  need  to  be 
negotiated, the Commission shall make recommendations to the Council, which shall 
authorise  the  Commission  to  open  the  necessary  negotiations.  The  Council  and  the 
Commission  shall  be  responsible  for  ensuring  that  the  agreements  negotiated  are 
compatible with internal Community policies and rules. 

Article 300 of the Treaty establishing the European Community states that the signing, 
and the conclusion of the agreements shall be decided on by the Council, acting by a 
qualified majority on a proposal from the Commission.  

Council's  Decision  of  5  April  1993  containing  the  directives  to  conduct  the 
negotiations of Customs Cooperation Agreements with the EU's main trading partners  

329 

•  Subsidiarity principle 

The proposal falls under the exclusive competence of the Community. The subsidiarity 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

331 

332 

The measure proposed is necessary and adequate for the proper implementation of the 
Customs Cooperation between the EC and Japan.  

The  proposal  establishes  a  coordinating  mechanism,  the  Joint  Customs  Cooperation 
Committee, composed by representatives of Customs administrations of the parties and 
Commission  representatives.  The  Joint  Customs  Cooperation  Committee  will  seek  to 
reduce  the  administrative  burden  of  the  Agreement  while  being  appropriate  and 

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proportional to the objectives pursued by the Contracting Parties. 

•  Choice of instruments 

341 

342 

According  to  Article  300  of  the  EC  Treaty,  the  signing,  and  the  conclusion  of  the 
agreements  shall  be  decided  on  by  the  Council,  acting  by  a  qualified  majority  on  a 
proposal  from  the  Commission.  The  Council  Decision  is  the  appropriate  instrument 
(and  as  such,  was  mentioned  by  the  Council  in  April  1993  when  it  authorised  the 
Commission to negotiate on its behalf Customs Cooperation Agreements with the EC's 
main trading partners). 

4)  BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

533 

The proposal does not include a sunset clause. 

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Proposal for a 

COUNCIL DECISION 

concerning the conclusion of the Agreement between the European Community and the 
Government of Japan on customs 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, in conjunction with the first sentence of Article 300 (2) thereof, 

Having regard to the proposal from the Commission, 

Whereas  on  5  April  1993  the  Council  authorised  the  Commission  to  start  negotiatiing  on 
behalf  of  the  European  Community  customs  cooperation  agreements  with  some  of  the 
Community's main trading partners, 

Whereas the Agreement between the European Community and the Government of Japan 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 the Government of Japan 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. 

The President of the Council is hereby authorised to designate the persons empowered to sign 
the Agreement on behalf of the Community. 

Article 3 

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

Article 4 

Article 5 

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

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. 

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ANNEX 

AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE GOVERNMENT 
OF JAPAN ON CO-OPERATION AND MUTUAL ADMINISTRATIVE ASSISTANCE IN 
CUSTOMS MATTERS 

THE  EUROPEAN  COMMUNITY  and  THE  GOVERNMENT  OF  JAPAN  (hereinafter 
referred to as the “Contracting Parties”), 

CONSIDERING  the  importance  of  the  commercial  links  between  Japan  and  the  European 
Community (hereinafter referred to in this Agreement as “the 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 co-operation; 

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 customs authorities; 

RECOGNISING  the  significant  role  of  customs  authorities  and  the  importance  of  customs 
procedures in promoting trade facilitation; 

HAVING  regard  to  the  high  level  of  commitment  of  both  Contracting  Parties  to  customs 
actions and co-operation in the fight against infringements of intellectual property rights; 

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 (hereinafter referred to in this Agreement as the “WTO”);  

HAVING  regard  to  the  Recommendation  of  the  Customs  Co-operation  Council  (hereinafter 
referred  to  in  this  Agreement  as  the  “CCC”)  on  Mutual  Administrative  Assistance  of 
December 5, 1953; 

WHEREAS  in  1991  the  Joint  Declaration  on  Relations  between  The  European  Community 
and  its  Member  States  and  Japan  provided  general  guidelines  for  relationship  and  set 
procedural objectives to further develop relations; 

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HAVE AGREED AS FOLLOWS: 

TITLE I 
GENERAL PROVISIONS 

Article 1 

Definitions 

For the purpose of this Agreement: 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

“customs  legislation”  shall  mean  any  laws  and  regulations  of  Japan  or  the 
Community, governing the import, export and transit of goods and placing of goods 
under any other customs procedures, including measures of prohibitions, restrictions 
and controls falling under the competence of the customs authorities;  

“laws  and  regulations  of  the  Contracting  Party”  and  “laws  and  regulations  of  each 
Contracting  Party”  shall  mean  the  laws  and  regulations  of  Japan  or  the  laws  and 
regulations of the Community, as the context requires; 

“customs  authority”  shall  mean,  in  Japan,  the  Ministry  of  Finance  and,  in  the 
the  European 
Community, 
Communities  responsible  for  customs  matters  and  the  customs  authorities  of  the 
Member States of the Community; 

the  competent  services  of 

the  Commission  of 

“applicant  authority”  shall  mean  a  customs  authority  of  a  Contracting  Party  which 
makes a request for assistance, on the basis of this Agreement; 

“requested  authority”  shall  mean  a  customs  authority  of  a  Contracting  Party  which 
receives a request for 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 any natural person, any legal person, or any other entity without 
legal  personality  constituted  or  organised  under  the  laws  and  regulations  of  each 
Contracting Party, carrying on importation, exportation, or transit of goods; and 

“information” shall mean data, documents, reports, and other communications in any 
format, including electronic copies thereof. 

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Article 2 

Territorial Application 

This Agreement shall apply, on the one hand, to the territory of Japan in which its customs 
legislation is in force and, on the other hand, to the territories where the Treaty establishing 
the European Community is applied and under the conditions laid down in that Treaty. 

Article 3 

Implementation 

This Agreement shall be implemented by the Contracting Parties in accordance with the laws 
and  regulations  of  each  Contracting  Party,  and  within  the  available  resources  of  their 
respective customs authorities. 

1. 

2 

3. 

1. 

Article 4 

Scope of the co-operation 

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

The  Contracting  Parties  through  their  customs  authorities  undertake  to  develop 
customs co-operation. In particular, the Contracting Parties shall co-operate in: 

(a) 

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

(b) 

facilitating effective co-ordination between their customs authorities; and 

(c) 

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

The  Contracting  Parties  also  undertake  to  make  co-operative  efforts  through  their 
customs  authorities  in  order  to  develop  trade  facilitation  actions  in  the  field  of 
customs in accordance with international standards. 

Article 5 

Scope of assistance 

The Contracting Parties through their customs authorities  shall assist each other, in 
the areas within their competence and within the limits of available resources, and in 
the  manner  and  under  the  conditions  laid  down  in  this  Agreement,  to  ensure  the 
correct  application  of  customs  legislation,  in  particular  by  preventing,  investigating 
and combating operations in breach of that legislation. 

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2. 

Assistance  in  customs  matters  under  this  Agreement  shall  be  provided  between  the 
customs  authorities  of  the  Contracting  Parties,  which  are  competent  for  the 
application  of  this  Agreement.  It  shall  not  prejudice  the  rights  and  obligations  of 
either Contracting Party on mutual assistance in criminal matters under international 
agreements or the laws and regulations of each Contracting Party. Nor shall it cover 
information obtained under powers exercised at the request of a judicial authority. 

3. 

Assistance to recover duties, taxes or fines is not covered by this Agreement. 

Article 6 

Relation to other international agreements 

1. 

2. 

3. 

The provision of this Agreement shall not affect the rights and obligations of either 
Contracting Party under any other international agreements.  

Notwithstanding  the  provisions  of  paragraph  1,  the  provisions  of  this  Agreement 
shall take precedence over the provisions of any bilateral agreement on customs co-
operation and mutual administrative assistance which has been or may be concluded 
between  individual  Member  States  of  the  Community  and  Japan,  insofar  as  the 
provisions of the latter are incompatible with those of this Agreement. 

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

TITLE II 
CUSTOMS CO-OPERATION 

Article 7 

Co-operation in customs procedures 

For  the  purpose  of  the  facilitation  of  the  legitimate  movement  of  goods,  the  customs 
authorities  shall  exchange  information  and  expertise  on  measures  to  improve  customs 
techniques and procedures and on computerised systems in accordance with the provisions of 
this Agreement. 

Article 8 

Technical co-operation 

The  customs  authorities  may  provide  technical  co-operation  to  each  other  and  exchange 
personnel  and  expertise on measures to improve customs techniques and procedures and on 
computerised systems with a view towards achieving these objectives in accordance with the 
provisions of this Agreement. 

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Article 9 

Discussions in international organisations 

The customs authorities shall seek to develop and strengthen their co-operation on topics of 
common interest with a view to facilitating discussions on customs matters in the framework 
of relevant international organisations such as the CCC and the WTO. 

TITLE III 
MUTUAL ADMINISTRATIVE ASSISTANCE 

Article 10 

Assistance on request 

1. 

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 of the 
Contracting  Party  of  the  applicant  authority  is  correctly  applied,  including 
information regarding activities detected or planned which are or could be operations 
in breach of such customs legislation. 

In  particular,  upon  request,  the  requested  authority  shall  furnish  the  applicant 
authority with information regarding activities that may result in operations in breach 
of  customs  legislation  of  the  Contracting  Party  of  the  applicant  authority,  for 
example, incorrect customs declarations and certificates of origin, invoices, or other 
documents known to be, or suspected of being, incorrect or falsified. 

2. 

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

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

(b)  whether  goods  imported  into  the  territory  of  one  of  the  Contracting  Parties 
have been properly exported from the other, 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  the  laws  and  regulations  of  the  Contracting  Party  of  the  requested 
authority, provide information on and exercise 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 of the 
Contracting Party of the applicant authority; 

(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  of  the 
Contracting Party of the applicant authority; 

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(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 of the Contracting Party of the applicant authority; and 

(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  of  the  Contracting  Party  of  the  applicant 
authority. 

Article 11 

Spontaneous assistance 

The Contracting Parties shall assist each other, at their own initiative and in accordance with 
the laws and regulations of each Contracting Party, 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, particularly by providing information obtained 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 they are 
or have been involved in operations in breach of customs legislation; and 

(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 12 

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,  an  oral  request  may  be 
accepted, but must be confirmed immediately in writing. 

2. 

Requests pursuant to paragraph 1 shall include the following information: 

(a) 

the applicant authority; 

(b) 

the action requested; 

(c) 

the object of and the reason for the request;  

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(d) 

(e) 

(f) 

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

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

legal elements involved. 

Requests shall be submitted in a language acceptable to both requested and applicant 
authorities.  This  requirement  may  also  apply,  to  the  extent  necessary,  to  any 
documents that accompany the request under paragraph 1. 

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

Article 13 

Execution of requests 

In order to comply with a request for assistance, the requested authority shall, within 
the limits of its competence and available resources, take all reasonable measures 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 and regulations 
of the Contracting Party of the requested authority. 

Duly  authorised  officials  from  the  applicant  authority,  may,  with  the  agreement  of 
the  requested  authority  and  subject  to  the  conditions  laid  down  by  the  latter,  be 
present  to  obtain  in  the  offices  of  the  requested  authority,  information  related  to 
activities  that  are  or  may  be  operations  in  breach  of  customs  legislation  which  the 
applicant authority needs for the purpose of this Agreement. 

Duly authorised officials from the applicant authority may, with the agreement of the 
requested authority and subject to the conditions laid down by the latter, be present at 
enquiries carried out in the latter’s jurisdiction into specific cases. 

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. The statement may be 
accompanied by the relevant information that the requested authority considers may 
be of assistance to the applicant authority. 

The  requested  authority  shall,  upon  request  by  the  applicant  authority  and  when  it 
deems appropriate, advise the applicant authority of the time and place of the action 
it will take in response to the request for assistance so that such action may be co-
cordinated. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

6. 

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1. 

2. 

1. 

2. 

3. 

4. 

1. 

Article 14 

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 or other items. 

This information may be in computerised form. 

Article 15 

Exceptions to the obligation to provide assistance 

Assistance may be refused or withheld, or may be made subject to the satisfaction of 
certain  conditions  or  requirements,  in  cases  where  the  Contracting  Party  of  the 
requested  authority  is  of  the  opinion  that  assistance  under  this  Agreement  would 
infringe upon the sovereignty of Japan or of a Member State of the Community, or 
upon its security, public policy, or other essential interest such as that referred to in 
Article 16(2). 

In  particular,  each  Contracting  Party  may  limit  the  information  it  communicates  to 
the  other  Contracting  Party  when  the  latter  Contracting  Party  is  unable  to  give  the 
assurance  requested  by  the  former  Contracting  Party  with  respect  to  confidentiality 
or with respect to the limitations of purposes for which the information will be used. 

Assistance  may  be  withheld  by  the  requested  authority  on  the  ground  that  it  will 
interfere  with  an  ongoing  investigation,  including  investigation  by  the  relevant  law 
enforcement  agencies,  prosecution  or  judicial  and  administrative  proceedings.  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  thereof  must  be  communicated  to  the  applicant  authority 
without undue delay. 

Article 16 

Information exchange and confidentiality 

Any information communicated in whatsoever form pursuant to this Agreement shall 
be treated as of a confidential nature, depending on the laws and regulations of each 
Contracting  Party  and  shall  enjoy  the  protection  extended  to  similar  information 
under  the  relevant  laws  and  regulations  of  the  Contracting  Party  of  the  customs 
authority  that  received  it  and  the  corresponding  provisions  applying  to  the 

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2. 

3. 

4. 

5. 

6. 

Community authorities, unless the Contracting Party which provided the information 
gives a prior consent to the disclosure of such information. 

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 the laws and 
regulations  of  each  Contracting  Party,  including  where  appropriate,  those  in  the 
Member States of the Community. 

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  customs  authority  which  provided  the 
information.  Such  use  shall  then  be  subject  to  any  restrictions  laid  down  by  that 
authority. 

Paragraph 3 shall not impede the use of information 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 in accordance with 
the  provisions  of  this  Agreement.  The  customs  authority  which  supplied  that 
information shall be notified of such use. 

Notwithstanding paragraph 3 of this Article, unless otherwise notified by the customs 
authority providing the information, the customs authority receiving the information 
may provide the information received pursuant to this Agreement to the relevant law 
enforcement  agencies  of  its  Contracting  Party.  These  agencies  may  only  use  this 
information for the correct application of customs legislation and shall be subject to 
the conditions stipulated in Article 16 and 17 of this Agreement. 

This Article shall not preclude the use or disclosure of information to the extent that 
there is an obligation to do so under the laws and regulations of the Contracting Party 
of  the  customs  authority  that  received  it.  Such  customs  authority  shall,  wherever 
possible, give advance notice of any such disclosure to the customs authority which 
provided the information. 

The  receiving  Contracting  Party  shall,  unless  otherwise  agreed  by  the  Contracting 
Party  which  provided  the  information,  wherever  appropriate,  use  all  available 
measures under the applicable laws and regulations of the former Contracting Party 
to maintain the confidentiality of information and to protect personal data as regards 
applications  by  a  third  party  or  other  authorities  for  disclosure  of  the  information 
concerned. 

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Article 17 

Criminal proceedings 

Information  provided  from  the  customs  authority  of  a  Contracting  Party  to  the  customs 
authority of the other Contracting Party pursuant to this Agreement shall not be used by the 
latter Contracting Party in criminal proceedings carried out by a court or a judge. 

Article 18 

Assistance expenses 

1. 

2. 

Expenses  incurred  in  the  implementation  of  this  Agreement  shall  be  borne  by  the 
respective Contracting Parties. 

If  during  the  execution  of  a  request  it  becomes  apparent  that  completion  of  the 
execution of the request will entail expenses of an extraordinary nature, the customs 
authorities  shall  consult  to  determine  the  terms  and  conditions  under  which  the 
execution may continue. 

TITLE IV 
FINAL PROVISIONS 

Article 19 

Headings 

The headings of the Titles and the Articles of this Agreement are inserted for convenience of 
reference only and shall not affect the interpretation of this Agreement. 

Article 20 

Consultation 

All  questions  or  disputes  related  to  the  interpretation  or  implementation  of  this  Agreement 
shall be settled by mutual consultation between the Contracting Parties. 

Article 21 

Joint Customs Co-operation Committee 

1. 

A  Joint  Customs  Co-operation  Committee  is  hereby  established,  consisting  of 
officials from the Ministry of Finance and the Ministry of Foreign Affairs of Japan 
and of officials of the European Community responsible for customs matters. Other 
officials  of  both  Contracting  Parties  with  the  necessary  expertise  relevant  to  the 
issues to be discussed may be included on an ad hoc basis. It shall meet at a place, on 
a date and with an agenda, fixed by mutual consent. 

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2. 

The Joint Customs Co-operation Committee shall inter alia: 

(a) 

see to the proper functioning of the Agreement; 

(b) 

(c) 

take  measures  necessary  for  customs  co-operation  in  accordance  with  the 
objectives of this Agreement; 

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

(d) 

recommend solutions aimed at attaining the objectives of this Agreement; and 

(e) 

adopt its internal rules of procedure. 

Article 22 

Entry into force and duration 

1. 

2. 

3. 

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 through diplomatic notes exchanged between 
them. 

This  Agreement  may  be  amended  by  mutual  consent  of  the  Contracting  Parties 
through  diplomatic  notes  exchanged  between  them.  Amendments  shall  enter  into 
force  within  the  same  conditions  as  mentioned  in  paragraph  1,  except  otherwise 
agreed by the Contracting Parties.  

Each Contracting Party may terminate this Agreement by giving notice to the other 
in  writing.  The  termination  shall  take  effect  three  months  from  the  date  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. 

Article 23 

Authentic texts 

This  Agreement  shall  be  drawn  up  in  duplicate  in  the  Bulgarian,  Czech,  Danish,  Dutch, 
English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, 
Maltese,  Polish,  Portuguese,  Romanian,  Slovak,  Slovenian,  Spanish,  Swedish  and  Japanese 
languages,  each  text  being  equally  authentic.  In  case  of  divergence  of  interpretation,  the 
English and Japanese texts shall prevail over the other language texts. 

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

Done at Brussels, 

For the European Community 

For the Government of Japan 

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