Council Decision of 6 December 2007 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: 2007-12-06
Institutions: Council of the European Union
Subjects: Bulgaria, Romania, customs cooperation, customs regulations, exchange of information, illicit trade

12.1.2008

EN

Official Journal of the European Union

L 9/21

ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

COUNCIL DECISION

of 6 December 2007

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

(2008/39/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

(4)

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
referred to as the ‘Act of Accession’), and in
(hereinafter
particular Article 3(4) thereof,

Having regard to the proposal from the Commission,

the Act of Accession provides

Article 3(3) of
that
Bulgaria and Romania are to accede to the conventions
and protocols concluded between the Member States and
listed in Annex I to the Act of Accession, which includes,
inter alia, the Convention on mutual assistance and coop-
eration
Those
conventions and protocols are to enter into force in
relation to Bulgaria and Romania on the date determined
by the Council.

administrations.

between

customs

(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,

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

HAS DECIDED AS FOLLOWS:

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 (2)
(here-
inafter referred to as the Convention) was signed at
Brussels on 18 December 1997 and will enter into
the notification by the State,
force 90 days after
Member of
time of
the
adoption by the Council of
the Act drawing up the
Convention, which is last to complete that formality.

the European Union at

In accordance with Article 32(4) of the Convention until
the 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 the 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.

(1) Opinion of 24 October 2007 (not yet published in the Official

Journal).

(2) OJ C 24, 23.1.1998, p. 2.

Article 1

the Convention of 18 December 1997,
Article 31(1) of
the Treaty on
drawn up on the basis of Article K.3 of
European Union, on mutual
and cooperation
between customs administrations shall be replaced by the
following:

assistance

as,

‘1.
This Convention shall apply to the territories of the
Member States comprised in the customs territory of the
Federal Republic of
the
for
Community as well
the Island of Heligoland and the territory of
Germany,
to the
Büsingen (within the framework of and pursuant
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 municipa-
lities 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, 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.

L 9/22

EN

Official Journal of the European Union

12.1.2008

Article 3

The Convention drawn up in the Bulgarian and Romanian languages (1) shall be authentic under the same
conditions as the other texts of the Convention.

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

Article 4

Done at Brussels, 6 December 2007.

For the Council
The President

A. COSTA

(1) The Bulgarian and Romanian version of the Convention shall be

published in the special edition of the OJ at a later date.