2007/764/EC: Council Decision of 8 November 2007 concerning the accession of Bulgaria and Romania to 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 purposes
Date: 2007-11-08
Institutions: Council of the European Union
Subjects: Bulgaria, Romania, accession to an agreement, agreement (EU), computer applications, customs, database

L 307/20

EN

Official Journal of the European Union

24.11.2007

COUNCIL DECISION

of 8 November 2007

concerning the accession of Bulgaria and Romania to 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
purposes

(2007/764/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union,

Having regard to the 2005 Treaty of Accession,

Having regard to the 2005 Act of Accession, and in particular
Article 3(4) thereof,

Having regard to the recommendation from the Commission,

Having regard to the Opinion of the European Parliament (1),

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 purposes (2) (hereinafter referred
to as the ‘Convention on the use of information tech-
nology for customs purposes’) was done at Brussels on
26 July 1995 and entered into force on 25 December
2005.

— the Protocol, 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 (4) (hereinafter referred
to as the ‘Protocol on the scope of the laundering of
proceeds’), which was done at Brussels on 12 March
1999 and which is to enter into force in accordance
with Article 3(3) thereof,

— the Protocol, 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
(hereinafter
referred to as the ‘Protocol on the creation of a
identification database’), which was
customs
done at Brussels on 8 May 2003 and which is to
enter
into force in accordance with Article 2(3)
thereof.

customs purposes (5)

files

for

(3)

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 its
accession to the
instrument of
Protocol on interpretation by the Court of Justice.

(2)

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

(4)

— the Protocol, 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 (3) (hereinafter referred to as the ‘Protocol
Justice’), which
on interpretation by the Court of
was done at Brussels on 29 November 1996 and
which entered into force on 25 December 2005,

the Act of Accession provides

Article 3(3) of
that
Bulgaria and Romania accede to the conventions and
listed in Annex I to the Act of Accession,
protocols,
which comprises, inter alia, the Convention on the use
of information technology for customs purposes and the
Protocols thereto. 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,

(1) Opinion of 10 July 2007 (not yet published in the Official Journal).
(2) OJ C 316, 27.11.1995, p. 34.
(3) OJ C 151, 20.5.1997, p. 16.

(4) OJ C 91, 31.3.1999, p. 2.
(5) OJ C 139, 13.6.2003, p. 2.

24.11.2007

EN

Official Journal of the European Union

L 307/21

HAS DECIDED AS FOLLOWS:

Article 1

information technology for
The Convention on the use of
customs purposes, as amended by the Protocol on the
creation of a customs files identification database and this
Decision, and the Protocols on 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 those Member States for which the Convention is in force.
The Convention shall enter
into force between Bulgaria,
Romania and each of the other Member States on the day it
enters into force for the other Member State concerned.

Article 2

information technology for
The Convention on the use of
customs purposes, the Protocol on the creation of a customs

files identification database, the Protocol on 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 (1), shall be authentic under the same
the Convention and the
texts of
conditions as the other
Protocols thereto.

Article 3

This Decision shall take effect on the day following its publi-
cation in the Official Journal of the European Union.

Done at Brussels, 8 November 2007.

For the Council
The President

R. PEREIRA

(1) The Bulgarian and Romanian version of the Convention shall be
published in special edition of the Official Journal at a later date.