Proposal for a COUNCIL DECISION on the position to be adopted by the European Union, within the EC-Andorra Joint Committee, on the list of customs security provisions to be established under Article 12b(1) of the Agreement in the form of an exchange of letters between the European Economic Community, on the one hand, and the Principality of Andorra, on the other
Date: 2011-04-11
Institutions: European Commission
Subjects: Andorra, agreement (EU), customs regulations, originating product, third country, trade agreement

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EUROPEAN COMMISSION 

Brussels, 11.4.2011 
COM(2011) 188 final 

2011/0074 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the European Union, within the EC-Andorra Joint 
Committee, on the list of customs security provisions to be established under Article 
12b(1) of the Agreement in the form of an exchange of letters between the European 
Economic Community, on the one hand, and the Principality of Andorra, on the other 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

(1) On 27 January 2011 the European Union and the Principality of Andorra signed a Protocol 
extending  to  customs  security  measures  the  customs  union  agreement  concluded  in  1990 
(hereinafter  “the  Agreement”).  This  protocol  includes  Andorra’s  obligation  to  take  over  the 
Community acquis in the area of customs security measures.  

(2) The Protocol stipulates that the detailed list of these measures to be adopted by Andorra 
shall  be  drawn  up  by  the  EC-Andorra  Joint  Committee  set  up  under  Article  17  of  the 
Agreement. In the case at hand this means the provisions concerning the declaration of goods 
prior to their entry to or exit from the customs territory, authorised economic operators, and 
customs security checks and security-related risk management. The draft list of the provisions 
in question is attached as an annex to this proposal for a Council Decision. 

2. 

CONSULTATION  OF 
ASSESSMENT 

•  Consultation of interested parties 

INTERESTED 

PARTIES  AND 

IMPACT 

The Andorran customs authorities have approved the draft decision of the Joint Committee. 
Andorra  had  already  seen  this  list  of  Community  decisions  to  be  adopted  by  it  in  this 
framework  during  the  negotiations  of  the  Protocol.  This  list  should  now  be  formally 
confirmed. 

•  Impact assessment 

There  is  no  need  for  an  impact  assessment  since  the  Decision  implements  the  Agreement 
without modifying its content. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

(1)  The  Council  is  asked  to  adopt  a  Union  position  on  a  draft  decision  of  the  EC-Andorra 
Joint  Committee  concerning  this  list  based  on  the  first  subparagraph  of  Article  207(4),  in 
conjunction with Article 218(9) of the Treaty on the Functioning of the European Union. 
(2) The legal basis for the draft decision of the Joint Committee is laid down in Article 12b(1) 
of the Agreement. 
(3) This proposal falls under the common commercial policy, which is an exclusive external 
competence of the Union. The subsidiarity principle therefore does not apply. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no direct implications for the Union budget. 

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2011/0074 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted by the European Union, within the EC-Andorra Joint 
Committee, on the list of customs security measures to be established under Article 
12b(1) of the Agreement in the form of an exchange of letters between the European 
Economic Community, on the one hand and the Principality of Andorra, on the other 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular the 
first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,  

Having regard to the proposal from the Commission, 

Whereas Article 12b(1) of the Agreement in the form of an exchange of letters between the 
European  Economic  Community,  on  the  one  hand,  and  the  Principality  of  Andorra,  on  the 
other, signed on 28 June 19901, stipulates that the Principality shall adopt the customs security 
measures applied by the European Union and that a detailed list of the provisions in question 
shall be drawn up by the Joint Committee set up under Article 17 of that Agreement, 

HAS ADOPTED THIS DECISION:  

Article 1 

The position to be taken by the European Union, within the EC-Andorra Joint Committee set 
up  under  the  Agreement  in  the  form  of  an  exchange  of  letters  between  the  European 
Economic  Community,  on  the  one  hand,  and  the  Principality  of  Andorra,  on  the  other, 
concerning the list of customs security measures to be established under Article 12b(1) of that 
Agreement  is  defined  in  the  attached  proposal  for  a  decision  of  the  EC-Andorra  Joint 
Committee. 

Done at Brussels,  

For the Council 
The President 

1 

OJ L 374, 31.12.1990, p. 14. 

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ANNEX  

(Draft) 

DECISION No 1/2011 of the EC–ANDORRA JOINT COMMITTEE 

of … 

establishing the list of customs security measures provided for by Article 12b(1) of the 
Agreement in the form of an exchange of letters between the European Economic 
Community and the Principality of Andorra 

THE JOINT COMMITTEE, 

Having regard to the agreement in the form of an exchange of letters between the European 
Economic  Community  and  the  Principality  of  Andorra2  signed  in  Luxembourg  on  28  June 
1990 (hereinafter "the Agreement"), and in particular Article 12b(1) thereof, 

Whereas  the  aforementioned  paragraph  1  states  that  the  Principality  of  Andorra  shall  adopt 
the customs security measures applied by the European Union and that a detailed list of the 
provisions of the Community acquis in question shall be drawn up by the Joint Committee set 
up under Article 17 of that Agreement, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  list  of  the  provisions  of  the  Community  acquis  to  be  adopted  by  the  Principality  of 
Andorra under Article 12b(1) of the Agreement shall be established as follows: 

CATEGORY OF 
CUSTOMS 
SECURITY 
MEASURES 

PROVISIONS OF 
COMMUNITY CUSTOMS 
CODE – COUNCIL 
REGULATION (EEC) NO 
2913/923 

COMMUNITY CUSTOMS CODE 
IMPLEMENTING PROVISIONS – COMMISSION 
REGULATION (EEC) NO 2454/934 

Declarations 
prior to the 
entry and exit of 

Entry: Articles 36a to 36c  Entry: Articles 181b to 184c 

2 
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OJ L 374, 31.12.1990, p. 14. 
OJ L 302, 19.10.1992, p. 1, as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, 
p.1). 
OJ L 253, 11.10.1993, p. 1, as last amended by Regulation (EU) No 430/2010 (OJ L 125, 21.5.2010, 
p.10).  

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goods 

Exit: Articles 182a to 
182d 

Exit:  

Authorised 
economic 
operator 

Customs 
security checks 
and security-
related risk 
management 

- Articles 592a à 592d and 592f (export 
summary declaration) 

- Articles 842a to 842f (exit customs 
declaration) 

Article 5a 

Articles 14a to 14d, 14f to 14k and 14q to 
14x 

Article 13 

General: Articles 4f to 4j 

Entry: Articles 184d to 184e  

Exit: 

- Articles 592e and 592g (export summary 
declaration) 

- Article 842d(2) (exit customs declaration) 

Article 2 

This decision shall take effect on the date of entry into force of the Council Decision on the 
signature and provisional application of the Protocol extending to customs security measures 
the  Agreement  in  the  form  of  an  exchange  of  letters  between  the  European  Economic 
Community and the Principality of Andorra. 

Done at Brussels,  

For the Joint Committee 

The President 

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