Recommendation for a COUNCIL DECISION concerning the accession of the Republic of Croatia to the Convention of 18 December 1997, drawn up on the basis of Article K.3 of the Treaty of the European Union, on mutual assistance and cooperation between customs administrations
Date: 2015-11-09
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Croatia, accession to an agreement, customs cooperation, international convention

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   EUROPEAN COMMISSION  Brussels, 9.11.2015  COM(2015) 556 final   Recommendation for a COUNCIL DECISION concerning the accession of the Republic of Croatia to the Convention of 18 December 1997, drawn up on the basis of Article K.3 of the Treaty of the European Union, on mutual assistance and cooperation between customs administrations   
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
The Act of Accession of the Republic of Croatia 1 contains a simplified system for accession 
of Croatia to the conventions and protocols concluded by the Member States on the basis of 
Article 34 TEU (previously Article K.3 TEU) or Article 293 EC. In fact,  Article 3(4) of the 
Act  of  Accession  simply  provides  that  Croatia  accedes  to  the  conventions  and  protocols  by 
virtue of the Act. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

Articles 3(4) and (5) of the Act of Accession provide that the Council shall adopt a decision in 
order to determine the date on which these conventions and protocols shall enter into force for 
Croatia and to make all the necessary adjustments to these conventions and protocols required 
by  reason  of  the  accession  of  Croatia.  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 conventions and protocols concerned in the 
Justice and Home Affairs area.  

This 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 
administrations2. 

The  accession  of  Croatia  to  the  aforementioned  Convention  does  not  require  adjustments 
thereto.  

Hence  this  Commission  Recommendation  for  a  Council  Decision  is  intended  to  only 
determine the date on which the Convention of 18 December 1997 shall enter into force for 
Croatia.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Impact assessment 

Because the Act of Accession already foresees the accession of Croatia to the conventions and 
protocols  listed  in  Annex  I  to  the  Act,  it  is  not  necessary  to  proceed  with  a  consultation  of 
interested parties and an impact assessment of such an accession.  

4. 

BUDGETARY IMPLICATIONS 

None 

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OJ L112, 24.4.2012, p. 21. 
OJ  C  24,  23.1.1998,  p.2.  Last  amended  by  Council  Decision  of  6  December  2007  concerning  the 
accession of Bulgaria and Romania to the convention, OJ L 9, 12.1.2008, p.21. 

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5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

The  Commission  is  invited  to  adopt  the  Recommendation  for  a  Council  Decision  and  to 
transmit it to the Council and the European Parliament. 

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Recommendation for a 

COUNCIL DECISION 

concerning the accession of the Republic of Croatia to the Convention of 18 December 
1997, drawn up on the basis of Article K.3 of the Treaty of the 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 the Republic of Croatia, 

Having regard to the Act of Accession of the Republic of Croatia, and in particular Articles 
3(4) and (5) thereof, 
Having regard to the proposal from the Commission 3, 
Having regard to the opinion of the European Parliament 4, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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  ("the 
Convention") was signed at Brussels on 18 December 1997. It will enter into force 90 
days  after  the  notification  of  the  completion  of  the  constitutional  procedures  for  the 
adoption of the Convention by the State, Member of the European Union at the time of 
adoption  by  the  Council  of  the  Act  drawing  up  the  Convention,  which  is  last  to 
complete that formality.  

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. 

Article  3(4)  of  the  Act  of  Accession  provides  that  Croatia  is  to  accede  to  the 
conventions and protocols concluded between the Member States and listed in Annex 
1 to the Act of Accession, which includes, inter alia, the Convention of 18 December 
1997  on  mutual  assistance  and  cooperation  between  customs  administrations.  Those 
conventions  and  protocols  are  to  enter  into  force  in  relation  to  Croatia  on  the  date 
determined by the Council. 

In  accordance  with  Article  3(5)  of the  Act  of  Accession,  the  Council  shall  decide  to 
make all adjustments required by reason of the accession to the Republic of Croatia to 
the conventions and protocols referred to in Article 3(4) of the Act of Accession. The 
Act of Accession does  not  require an adjustment  of the Convention of 18 December 
1997 on mutual assistance and cooperation between customs administrations,  

3 
4 

OJ C […], […], p. […]. 
Opinion of XX.XX.XXXX 

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HAS ADOPTED THIS DECISION:  

Article 1 

The Convention of 18 December 1997, drawn up on the basis of Article K.3 of the Treaty of 
the European Union, on mutual assistance and cooperation between customs administrations, 
shall enter into force in relation to Croatia on the date on which this Decision shall take effect. 

Article 2 
The  Convention  drawn  up  in  the  Croatian  language  5  shall  be  authentic  under  the  same 
conditions as the other texts of the Convention.  

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 

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The Croatian version of the Convention shall be published in the special edition of the OJ at a later date. 

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