Recommendation for a Council Decision concerning the accession of Bulgaria and Romania to the Convention of 26 July 1995, drawn up on the basis of Article K.3 of the Treaty on European Union, on the use of information technology for customs purposes
Date: 2007-04-25
Institutions: European Commission
Subjects: Bulgaria, Romania, accession to the European Union, computer applications, customs cooperation, data collection, database, dissemination of information

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.4.2007 
COM(2007) 211 final 

2007/0079 (CNS) 

Recommendation for a 

COUNCIL DECISION 

concerning the accession of Bulgaria and Romania to the Convention of 26 July 1995, 
drawn up on the basis of Article K.3 of the Treaty on European Union, on the use of 
information technology for customs purposes 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
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 26 July 1995, drawn up on the basis of Article K.3 of the 
Treaty  on  European  Union,  on  the  use  of  information  technology  for  customs  purposes,  the 
Protocol  of  29  November  1996,  drawn  up  on  the  basis  of  Article  K.3  of  the  Treaty  on 
European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice 
of  the  European  Communities  of  the  Convention  on  the  use  of  information  technology  for 
customs purposes, the Protocol of 12 March 1999, drawn up on the basis of Article K.3 of the 
Treaty on European Union, on the scope of the laundering of proceeds in the Convention on 
the use of information technology for customs purposes and the inclusion of the registration 
number  of  the  means  of  transport  in  the  Convention,  and  the  Protocol  of  8  May  2003, 
established  in  accordance  with  Article  34  of  the  Treaty  on  European  Union,  amending,  as 
regards the creation of a customs files identification database, the Convention on the use of 
information technology for customs purposes. 

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  and  Protocols,  in  accordance  with  Article  3(4)  of  the  Act  of 
Accession. 

1 

OJ 2005, L 157, p. 203. 

EN 

2 

   EN 

 
                                                 
2007/0079 (CNS) 

Recommendation for a 

COUNCIL DECISION 

concerning the accession of Bulgaria and Romania to the Convention of 26 July 1995, 
drawn up on the basis of Article K.3 of the Treaty on European Union, on the use of 
information technology for customs purposes 

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) 

The  Convention  drawn  up  on  the  basis  of  Article  K.3  of  the  Treaty  on  European 
Union,  on  the  use  of  information  technology  for  customs  purposes4  (hereinafter 
referred  to  as  the  “Convention  on  the  use  of  information  technology  for  customs 
purposes”)  was  signed  at  Brussels  on  26  July  1995  and  entered  into  force  on  25 
December 2005. 

(2) 

The  Convention  on  the  use  of  information  technology  for  customs  purposes  was 
complemented by : 

–  the  Protocol  of  29  November  1996,  drawn  up  on  the  basis  of  Article  K.3  of  the 
Treaty on European Union, on the interpretation, by way of  preliminary rulings, 
by  the  Court  of  Justice  of  the  European  Communities  of  the  Convention  on  the 
use of information technology for customs purposes5 (hereinafter referred to as the 
"Protocol on the interpretation by the Court of Justice"), which entered into force 
on 25 December 2005; 

–  the Protocol of 12 March 1999, drawn up on the basis of Article K.3 of the Treaty 
on European Union, on the scope of the laundering of proceeds in the Convention 

2 
3 
4 
5 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C 316, 27.11.1995, p. 34. 
OJ C 151, 20.5.1997, p. 16. 

EN 

3 

   EN 

 
                                                 
on  the  use  of  information  technology  for  customs  purposes  and  the  inclusion  of 
the registration number of the means of transport in the Convention6 (hereinafter 
referred  to  as  the  "Protocol  on  the  scope  of  the  laundering  of  proceeds"),  which 
shall  enter  into  force  90  days  after  the  notification  by  the  Member  State  which, 
being a member of the European Union on the date of adoption by the Council of 
the Act drawing up this Protocol, is the last to fulfil that formality;  

–  the  Protocol  of  8  May  2003,  established  in  accordance  with  Article  34  of  the 
Treaty on  European Union,  amending, as regards the creation of  a  customs  files 
identification database, the Convention on the use of information technology for 
customs  purposes7  (hereinafter  referred  to  as  the  "Protocol  on  the  creation  of  a 
customs files identification database"), which shall 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 protocol, which is the eighth to complete this 
formality, enter into force for the eight Member States concerned. 

(3) 

(4) 

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 the use of information technology for 
customs purposes; the Czech Republic, Estonia, Cyprus, Lithuania, Hungary, Poland, 
Slovenia  and  Slovakia  have  deposited  their  instruments  of  accession  to  the  three 
Protocols;  Latvia  has  deposited  their  instruments  of  accession  to  the  Protocol  on  the 
interpretation by the Court of Justice. 

Article 3 (3) of the Act of Accession provides that Bulgaria and Romania accede to the 
conventions and protocols concluded between the Member States, listed in Annex I to 
the  Act  of  Accession,  which  comprises,  inter  alia,  the  Convention  on  the  use  of 
information  technology  for  customs  purposes  and  the  Protocols  to  that  Convention. 
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 the use of information technology for customs purposes, the Protocol on 
the creation of a customs files identification database, the Protocol on the interpretation by the 
Court of Justice and the Protocol on the scope of the laundering of proceeds, 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 the use of information technology for 
customs purposes and its Protocols. 

6 
7 

OJ C 91, 31.3.1999, p. 2. 
OJ C 139, 13.6.2003, p. 2. (Corrigendum OJ C 56, 5.3.2005, p. 46. and OJ C 191, 5.8.2005, p. 18.) 

EN 

4 

   EN 

 
                                                 
Article 2 

The Convention on the use of information technology for customs purposes, as amended by 
the Protocol on the creation of a customs files identification database and this Decision, and 
its Protocols on the interpretation by the Court of Justice and on the scope of the laundering of 
proceeds  shall  enter  into  force  on  the  first  day  of  the  first  month  following  the  date  of 
adoption of this decision between Bulgaria, Romania and the other Member States for which 
the Convention on the use of information technology for customs purposes is in force. It shall 
enter into force between Bulgaria, Romania and each of the other Member States on the day 
the Convention on the use of information technology for customs purposes enters into force 
for the other Member State concerned. 

Article 3 

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 

EN 

5 

   EN 

 
 
 
ANNEX  

Text of the Convention on the use of information technology for customs purposes and 
of the Protocols on the interpretation by the Court of Justice, on the scope of the 
laundering of proceeds, and on the creation of a customs files identification database in 
the Bulgarian and Romanian languages 

. 

EN 

6 

   EN