Recommendation for a Council Decision concerning the accession of Bulgaria and Romania to the Convention of 18 December 1997, drawn up on the basis of Article K.3 of the treaty on European Union on mutual assistance and cooperation between customs administrations
Date: 2007-04-25
Institutions: European Commission
Subjects: Bulgaria, Romania, accession to the European Union, customs cooperation, customs regulations, single exchange-rate policy

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.4.2007 
COM(2007) 216 final 

2007/0073 (CNS) 

Recommendation for a 

COUNCIL DECISION 

concerning the accession of Bulgaria and Romania to the Convention of 18 December 
1997, drawn up on the basis of Article K.3 of the treaty on European Union on mutual 
assistance and cooperation between customs administrations  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The 2005 Act of accession of Bulgaria and Romania1 has introduced a simplified system for 
the accession of Bulgaria and Romania to the conventions (and protocols) concluded by the 
Member States on the basis of Art. 34 TEU (previously Art. K.3 TEU) or Art. 293 EC. It is 
indeed  not  anymore  necessary,  as  in  the  past,  to  negotiate  and  conclude  specific  accession 
protocols to these conventions (which would have implied ratification by 27 States): Article 
3(3) of the Act provides simply that Bulgaria and Romania accede to these conventions and 
protocols by virtue of the Act of Accession. 

Article  3(3)  and  3(4)  of  the  Act  of  Accession  provide  that,  to  that  effect,  the  Council  shall 
adopt  a  decision  in  order  to  determine  the  date  on  which  these  conventions  shall  enter  into 
force  for  Bulgaria  and  Romania  and  to  make  all  the  necessary  adjustments  to  these 
conventions required by reason of the accession of the two new Member States (which would 
include,  in  any  event,  the  adoption  of  the  conventions  in  the  Bulgarian  and  Romanian 
languages,  so  that  these  versions  can  be  "equally  authentic").  The  Council  shall  act  on  a 
recommendation of the Commission, after consulting the European Parliament. 

Annex  I  to  the  Act  of  Accession  gives  the  list  of  the  seven  conventions  and  protocols 
concerned in the Justice and Home Affairs area.  

The list includes the Convention of 18 December 1997, drawn up on the basis of Article K.3 
of  the  Treaty  on  European  Union,  on  mutual  assistance  and  cooperation  between  customs 
administrations. 

This  Commission  Recommendation  for  a  Council  Decision  is  intended  to  make  the 
adjustments  required  by  reason  of  the  accession  of  Bulgaria  and  Romania  to  the 
aforementioned Convention, in accordance with Article 3(4) of the Act of Accession. 

1 

OJ 21.6. 2005, L 157, p. 203. 

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2007/0073 (CNS) 

Recommendation for a 

COUNCIL DECISION 

concerning the accession of Bulgaria and Romania to the Convention of 18 December 
1997, drawn up on the basis of Article K.3 of the treaty on European Union on mutual 
assistance and cooperation between customs administrations  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on European Union,  

Having regard to the Treaty of Accession of Bulgaria and Romania,  

Having regard to the Act of Accession of Bulgaria and Romania (hereinafter referred to as the 
"Act of Accession"), and in particular Article 3 (4) thereof, 

Having regard to the recommendation from the Commission2, 

Having regard to the opinion of the European Parliament3, 

Whereas: 

(1) 

(2) 

(3) 

The  Convention  drawn  up  on  the  basis  of  Article  K.3  of  the  Treaty  on  European 
Union,  on  mutual  assistance  and  cooperation  between  customs  administrations 
(hereinafter  referred  to  as  the  “Convention  on  mutual  assistance  and  cooperation 
between customs administrations”) was signed at Brussels on 18 December 1997 and 
shall  enter  into  force  90  days  after  the  notification  by  the  State,  Member  of  the 
European  Union  at  the  time  of  adoption  by  the  Council  of  the  Act  drawing  up  this 
Convention, which is last to complete that formality. 

According  to  Article  32.4  of  the  Convention  on  mutual  assistance  and  cooperation 
between customs administrations, until this Convention enters into force, any Member 
State may, when giving the notification referred to in Article 32.2 of the Convention, 
or at any other later time, declare that as far as it is concerned this Convention, shall 
apply to its relations with Member States that have made the same declaration.  

Following their accession to the European Union the Czech Republic, Estonia, Cyprus, 
Latvia,  Lithuania,  Hungary,  Poland,  Slovenia  and  Slovakia  have  deposited  their 
instruments  of  accession  to  the  Convention  on  mutual  assistance  and  cooperation 
between customs administrations. 

2 
3 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

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(4) 

Article 3 (3) of the Act of Accession provides that Bulgaria and Romania accede to the 
conventions  concluded  between  the  Member  States,  listed  in  Annex  I  to  the  Act  of 
Accession,  which  comprises,  inter  alia,  the  Convention  on  mutual  assistance  and 
cooperation between customs administrations. They are to enter into force in relation 
to Bulgaria and Romania on the date determined by the Council. 

(5) 

In  accordance  with  Article  3  (4)  of  the  Act  of  Accession  the  Council  is  to  make  all 
adjustments required by reason of accession to those conventions and protocols, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Convention  on  mutual  assistance  and  cooperation  between  customs 

1. 
administrations is amended as follows:  

Article 31.1 on "Territorial application" is replaced by the following:  

" 1. This Convention shall apply to the territories of the Member States comprised in 
the  customs  territory  of  the  Community  ]as  well  as,  for  the  Federal  Republic  of 
Germany,  the  Island  of  Heligoland  and  the  territory  of  Büsingen  (within  the 
framework of and pursuant to the Treaty of 23 November 1964 between the Federal 
Republic of Germany and the Swiss Confederation on the inclusion of the commune 
of  Büsingen  am  Hochrhein  in  the  customs  territory  of  the  Swiss  Confederation,  or 
the  current  version  thereof)  and,  for  the  Italian  Republic,  the  municipalities  of 
Livigno  and  Campione  d’Italia,  and  to  the  territorial  waters,  the  inland  maritime 
waters and the airspace of the territories of the Member States. 

Article 2 

The  Convention  on  mutual  assistance  and  cooperation  between  customs  administrations,  as 
amended by this Decision shall enter into force for Bulgaria and Romania on the date of entry 
into force of the Convention, without prejudice to Article 32(4) of the Convention on mutual 
assistance and cooperation between customs administrations. 

Article 3 

The  Convention  on  mutual  assistance  and  cooperation  between  customs  administrations, 
drawn  up  in  the  Bulgarian  and  Romanian  languages  and  annexed  to  this  Decision,  shall  be 
authentic under the same conditions as the other texts of the Convention on mutual assistance 
and cooperation between customs administrations. 

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Article 4 

This  Decision  shall  take  effect  on  the  day  following  that  of  its  publication  in  the  Official 
Journal of the European Union. 

Done at Brussels, […] 

For the Council 
The President 

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ANNEX  

Text of the Convention on mutual assistance and cooperation between customs 
administrations in the Bulgarian and Romanian languages 

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