CELEX: 51997PC0207
Language: en
Date: 1997-05-06
Title: Amended proposal for a Council Decision on the conclusion of the Agreement on customs cooperation and mutual assistance in customs matters between the European Community and the United States of America

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       Brussels, 06.05.1997
                                       COM(97) 207 final
                                       96/0296 (ACC )
                  Amended proposal for a
                  COUNCIL DECISION
  on the conclusion of the Agreement on customs cooperation
            and mutual assistance in customs matters
               between the European Community
               and the United States of America
(presented by the Commission pursuant to Article 189 a (2)
                     of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                                  Explanatory memorandum
On 3 December 1996, the Commission presented to the Council a proposal for the
conclusion of the agreement on customs cooperation and mutual assistance in customs
matters between the European Community and the United States of America [Com(96)
624 final - 96/0296 (ACC)].
However, a last minute problem occurred with Article 17 (5) of the draft agreement
attached to the proposal. It is therefore necessary to amend the said article accordingly.
The new Article 17 (5) of the draft agreement is attached. All other parts of the proposal
of 3 December 1996 remain unchanged.
In order to enable the Agreement on customs cooperation and mutual assistance in
customs matters to be signed at the EU/US Summit on 28 May 1997, the Commission
proposes that the Council approve the amended proposal for a decision on the signing and
conclusion of the Agreement.
                                               z.
 ---pagebreak--- New Article 17 (5)
The receiving Contracting Party may disclose, to a defendant in a criminal prosecution,
information material to that defendant's innocence or the credibility of witnesses testifying
against that defendant in the prosecution to the extent that the law applicable in such a
case in the receiving Contracting Party so requires. The receiving Contracting Party shall
notify the providing Contracting Party in advance of such proposed disclosure and
provide an explanation regarding the legal requirements for disclosure.
The receiving Contracting Party shall consider specific concerns related to disclosure of
the information such as the safety and privacy of persons named or identified by the
information. In any case, the receiving Contracting Party shall ensure that the items of
information which are to be disclosed shall be limited to what is strictly necessary for the
specific purpose of the disclosure concerned, and that personal data can only be used,
treated or stored for the purpose of that criminal prosecution.
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 ---pagebreak---  ---pagebreak---                                                                     ISSN 0254-1475
                                                             COM(97) 207 final
                                               DOCUMENTS
EN                                                                    02 11 09
                                    Catalogue number : CB-CO-97-187-EN-C
                                                              ISBN 92-78-19410-7
Office for Official Publications of the European Communities
L-2985 Luxembourg
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