CELEX: 51996PC0461
Language: en
Date: 1996-09-24
Title: Proposal for a COUNCIL DECISION on the conclusion of the customs cooperation and mutual assistance Agreement between the European Community and the Republic of Korea

COMMISSION OF THE EUROPEAN COMMUNITIES
                                     Brussels, 24.09.1996
                                     COM(96) 461 final
                                     96/0233 (ACC)
                      Proposal for a
                 COUNCIL DECISION
                   on the conclusion of
the customs cooperation and mutual assistance Agreement
           between the European Community
                and the Republic of Korea
             (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                Explanatory memorandum
By its decision of 5 April 1993, the Council authorized the Commission to negotiate
customs cooperation agreements with some of the Community's main trading partners, in
particular the Republic of Korea, and adopted the necessary negotiating directives.
There have been a number of meetings with the Korean authorities, in Brussels and Seoul.
Following these negotiations, the text of the Agreement was initialled on 3 July this year.
The Agreement is now being put to the Council to be signed and concluded.
The Commission considers that the initialled text is in accordance with the negotiating
directives adopted by the Council on 5 April 1993.
In order to enable the customs cooperation and mutual assistance Agreement to be signed
at the ministerial meeting in October, the Commission proposes that the Council approve
the attached proposal for a decision on the signing and conclusion of the Agreement.
 ---pagebreak---             Proposal for a Council decision
                  on the conclusion of
the customs cooperation and mutual assistance Agreement
           between the European Community
               and the Republic of Korea
                                3
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 113 thereof, together with the first sentence of Article 228(2) and the first
subparagraph of Article 228(3),
Having regard to the proposal from the Commission,
Whereas on 5 April 1993 the Council authorized the Commission to negotiate, on behalf
of the Community, customs cooperation agreements with some of the Community's main
trading partners;
Whereas the customs cooperation and mutual assistance Agreement between the
European Community and the Republic of Korea should be approved,
HAS DECIDED AS FOLLOWS:
                                         Article 1
The customs cooperation and mutual assistance Agreement between the
European Community and the Republic of Korea is hereby approved on behalf of the
European Community.
The text of the Agreement is attached to this Decision.
                                         Article 2
The Commission, assisted by representatives of the Member States, shall represent the
European Community on the Joint Customs Cooperation Committee set up under
Article 15 of the Agreement.
                                                 Mr
 ---pagebreak---                                          Article 3
The President of the Council is hereby authorized to designate the persons empowered to
sign the Agreement.
                                         Article 4
The President of the Council shall effect the notification provided for in Article 19 of the
Agreement on behalf of the European Community.l
                                         Article 5
This Decision shall be published in the Official Journal of the European Communities.
Done at Brussels,
                                                               For the Council
                                                               The President
        The date of entry into force of the Agreement will be published in the Official
        Journal of the European Communities by the General Secretariat of the Council.
                                                 5"
 ---pagebreak---         AGREEMENT BETWEEN
       THE REPUBLIC OF KOREA
                AND
      THE EUROPEAN COMMUNITY
          ON CO-OPERATION
AND MUTUAL ADMINISTRATIVE ASSISTANCE
        IN CUSTOMS MATTERS
                   (o
 ---pagebreak---                                AGREEMENT BETWEEN
                             THE REPUBLIC OF KOREA
                                          AND
                           THE EUROPEAN COMMUNITY
                                 ON CO-OPERATION
                  AND MUTUAL ADMINISTRATIVE ASSISTANCE
                               IN CUSTOMS MATTERS
THE REPUBLIC OF KOREA and THE EUROPEAN COMMUNITY, (hereinafter
referred to as the Contracting Parties).
CONSIDERING the importance of the commercial links between the Republic of Korea
and the European Community and desirous of contributing, to the benefit of both
Contracting Parties, to the harmonious development of those links;
TAKING into account the development of customs co-operation between the Contracting
Parties, concerning customs procedures;
CONSIDERING that operations in breach of customs legislation are prejudicial to the
economic, fiscal and commercial interests of both Contracting Parties, and recognising the
importance of ensuring the accurate assessment of customs duties and other taxes ;
CONVINCED that action against such operations can be made more effective by co-
operation between their customs authorities;
HAVING regard to obligations imposed under international conventions already accepted
by the Contracting Parties; and having regard also to the Recommendation of the Customs
Co-operation Council on Mutual Administrative Assistance of December 5, 1953;
HAVE AGREED AS FOLLOWS:
                                                 \
 ---pagebreak---                                            TITLE I
                                  GENERAL PROVISIONS
                                           Article 1
                                          Definitions
For the purposes of this Agreement:
a) "customs legislation" shall mean provisions adopted by the Republic of Korea or the
   European Community governing the importation, exportation, transit of goods and any
   other customs procedure, including measures of prohibition, restriction and control;
b) "customs authority" shall mean, in the Republic of Korea, the Korean Customs Service
   and, in the European Community, the competent services of the Commission of the
   European Communities and the customs authorities of the Member States of the
   European Community.
c) "applicant customs authority" shall mean a competent customs authority of a
   Contracting Party which makes a request for assistance in customs matters;
d) "requested customs authority" shall mean a competent customs authority of a
    Contracting Party which receives a request for assistance in customs matters;
e) "personal data" shall mean all information relating to an identified or identifiable
    individual;
f) "operation in breach of customs legislation" shall mean any violation of the customs
    legislation as well as any attempted violation of such legislation.
                                           Article 2
                     Obligations imposed under international conventions
The provisions of this Agreement shall not prejudice the obligations imposed under
international conventions accepted by the Contracting Parties to this Agreement.
                                                 %
 ---pagebreak---                                           TITLE H
                              CUSTOMS COOPERATION
                                          Article 3
                             Scope of the customs cooperation
1. The Contracting Parties through their customs authorities shall, in accordance with the
   provisions of this Agreement:
      a) endeavour to cooperate, within the limits of available resources, in the research,
         development and testing of new customs procedures, in the training and
         exchange of personnel and in other matters that may require their joint efforts;
         and
      b) strive for simplification, harmonization and computerization in customs
         procedures, taking into account the work done in this connection by international
         organisations.
2. The customs cooperation will include:
      a) exchange of professional, scientific and technical data relating to customs
         legislation;
      b) exchange of information on actions undertaken with third countries in relation to
         technical assistance, with the aim of improving these actions.
                                            i
 ---pagebreak---                                            TITLE i n
                                  MUTUAL ASSISTANCE
                                            Article 4
                                    Scope of the assistance
1. The Contracting Parties through their customs authorities shall, in accordance with the
   provisions of this Agreement:
      a) assist each other in order to ensure that customs legislation is properly
          implemented, in particular, by the prevention, detection and investigation of
          operations in breach of this legislation;
      b) assist each other by providing information, upon request, to be used in
          administering and enforcing the customs legislation.
2. Assistance in customs matters, as provided for in this Agreement, shall not prejudice
    the rules governing mutual assistance in criminal matters. Nor shall it cover
    information obtained under powers exercised at the request of the judicial authority,
    unless this authority so agrees.
3. The assistance will also include:
       a) exchange of information and experience in the use of the interdiction and
          detection equipment;
       b) enforcement techniques that might be useful in suppressing breaches of customs
          legislation and, in particular, any technical aids found to be helpful in combating
          such breaches; and
       c) observations and findings resulting from the application of new enforcement
          techniques.
                                                      lO
 ---pagebreak---                                             Article 5
                                     Assistance on Request
1. At the request of the applicant customs authority, the requested customs authority shall
   furnish it with all relevant information to enable it to ensure that customs legislation is
   correctly applied, including information regarding operations noted or planned which
   are or might be in breach of such legislation.
2. At the request of the applicant customs authority, the requested customs authority shall
   inform it whether goods exported from the territory of one of the Contracting Parties
   have been properly imported into the territory of the other Contracting Party,
   specifying, where appropriate, the customs procedure applied to the goods.
3. At the request of the applicant customs authority, the requested customs authority shall
   take the necessary steps to ensure that a surveillance is kept on:
      a) natural or legal persons who it may reasonably be believed are or have been in
          breach of customs legislation;
      b) places where goods are stored in a way that gives grounds to suspect that they
          are intended to supply operations in breach of customs legislation;
       c) movements of goods notified as possibly constituting operations in breach of
          customs legislation; and
       d) means of transport which it may reasonably be believed have been, are or may be
          used to commit operations in breach of customs legislation.
                                            Article 6
                                    Spontaneous Assistance
The Contracting Parties shall provide each other, in accordance with their laws, rules and
other legal instruments, with assistance if they consider that to be necessary for the correct
application of customs legislation, particularly when they obtain information pertaining to:
       a) operations which have been, are or appear to be in breach of such legislation and
          which may be of interest to the other Contracting Party;
                                                    w
 ---pagebreak---        b) new means or methods used in committing such operations; and
       c) goods known to be the subject of operations in breach of customs legislation.
                                              Article 7
                                      . Delivery/Notification
At the request of the applicant customs authority, the requested customs authority shall in
accordance with its legislation take all necessary measures in order:
          - to deliver all documents,
          - to notify all decisions,
falling within the scope of this Agreement to an addressee, residing or established in its
territory. In such a case, the provisions of Article 8 (3) shall be applied.
                                              Article 8
                          Form and Substance of Requests for Assistance
1. Requests pursuant to this Agreement shall be made in writing. Documents necessary for
    the execution of such requests shall accompany the request. When required because of
    the urgency of the situation, oral requests may be accepted, but must be confirmed in
    writing immediately.
2. Request pursuant to paragraph 1 of this Article shall include the following information:
        a) the applicant customs authority making the request;
        b) the measure requested;
        c) the object of and the reason for the request;
        d) the laws, rules and other legal elements involved;
        e) indications as exact and comprehensive as possible on the natural or legal persons
            being the target of the investigations; and
        f) a summary of the relevant facts and the enquiries already carried out, excepted in
            cases provided for in Article 7.
 3. Requests shall be submitted in an official language of the requested customs authority
     or in a language acceptable to such authority.
 4. If a request does not meet the formal requirements, its correction or completion may be
     demanded; the ordering of precautionary measures may, however, take place.
                                                     a
 ---pagebreak---                                            Article 9
                                     Execution of Requests
1. In order to comply with a request for assistance, the requested customs authority, in
    cooperation with other administrative departments when the former cannot act on its
    own, shall proceed, within the limits of its competence and available resources, by
    supplying information already possessed, by carrying out appropriate enquiries or by
    arranging for them to be carried out.
2. Requests for assistance shall be executed in accordance with the laws, rules and other
    legal instruments of the requested Contracting Party.
3. Duly authorised officials of a Contracting Party may, with the agreement of the other
    Contracting Party involved and within the conditions laid down by the latter, obtain
    from the offices of the requested customs authority or other authority for which the
    requested customs authority is responsible, information relating to the operations in
    breach of customs legislation which the applicant customs authority needs for the
    purposes of this Agreement.
4. Officials of a Contracting Party may, with the agreement of the other Contracting Party
    and within the conditions laid down by the latter, be present at enquiries carried out in
    the latter's territory.
                                          Article 10
                            Form of Information to be Communicated
1. The requested customs authority shall communicate results of enquiries to the applicant
    customs authority in the form of documents, certified copies of documents, reports or
    in the other appropriate forms for the execution of the request.
2. The documents provided for in paragraph 1 may be replaced by computerized
     information produced in any form for the same purpose.
                                                   i3
 ---pagebreak---                                               Article 11
                                      Exceptions to Assistance
 1. The Contracting Parties may refuse, in whole or in part, to give assistance as provided
    for in this Agreement, where to do so would:
        a) be likely to prejudice the sovereignty of the Republic of Korea or of a Member
            State of the European Community when asked to provide assistance pursuant to
            this Agreement; or
        b) be likely to prejudice public policy, security or other essential interests, in
            particular in the cases referred to under Article 12 (2) ; or
        c) involve currency or tax regulations other than customs legislation ; or
        d) violate an industrial, commercial or professional secret.
2. Where the applicant customs authority asks for assistance which it would itself be
    unable to provide if so asked by the customs authority of the other Contracting Party,
    it shall draw attention to that fact in its request. It shall then be left to the requested
    customs authority to decide how to respond to such a request.
3. Before refusing to provide assistance, the requested customs authority shall consider
    whether assistance may be provided subject to such conditions or requirements as it
    deems necessary. If the applicant customs authority accepts assistance subject to these
    conditions or requirements, it shall comply with them.
4. If a request for assistance cannot be complied with, the applicant customs authority
    shall be notified without delay and shall be informed of the reasons for the refusal to
    provide assistance.
                                             Article 12
                            Exchange of information and confidentiality
1.    Any information communicated in whatsoever form pursuant to this Agreement shall
      be of a confidential or restricted nature, depending on the rules applicable in each of
      the Contracting Parties. It shall be covered by the obligation of official secrecy and
      shall enjoy the protection extended to like information under the relevant laws of the
      Contracting Party which received it and the corresponding provisions applying to the
      Community institutions.
                                                      H
 ---pagebreak--- 2.   Personal data may be exchanged only where the receiving Contracting Party
     undertakes to protect such data in a way which is at least equivalent to the one
     applicable to that particular case in the supplying Contracting Party.
3.   Information obtained shall be used solely for the purposes of this Agreement. Where
     one of the Contracting Parties requests the use of such information for other
     purposes, it shall ask for the prior written consent of the customs authority which
     furnished the information. Such use shall then be subject to any restrictions laid down
     by that authority.
4.   Paragraph 3 shall not impede the use of information in any judicial or administrative
     proceedings subsequently instituted for failure to comply with customs legislation.
     The competent authority which supplied that information shall be notified of such use.
5.   The Contracting Parties may, in their records of evidence, reports and testimonies and
     in proceedings and charges brought before the courts, use as evidence information
     obtained and documents consulted in accordance with the provisions of this
     Agreement.
                                            Article 13
                                     Experts and Witnesses
An official of a requested customs authority may be authorized to appear, within the
limitations of the authorization granted, as an expert or witness in judicial or
administrative proceedings regarding the matters covered by this Agreement in the
jurisdiction of the other Contracting Party, and produce such objects, documents or
authenticated copies thereof, as may be needed for the proceedings. The request for an
appearance must indicate specifically on what matters and by virtue of what title or
qualification the official will be questioned.
                                            Article 14
                                            Expenses
The Contracting Parties shall waive all claims on each other for the reimbursement of
expenses incurred pursuant to this Agreement, except, as appropriate, for expenses to
experts and witnesses and to interpreters and translators who are not public service
 employees.
                                                   IS
 ---pagebreak---                                            TITLE IV
                                    FINAL PROVISIONS
                                           Article IS
                             Joint Customs Cooperation Committee
1. A Joint Customs Cooperation Committee shall be established, consisting of
    representatives of the Republic of Korea and of the European Community, It shall meet
    alternately in Seoul and Brussels, as mutually agreed and on a date and with an agenda
    fixed by mutual agreement.
2. The Joint Customs Cooperation Committee shall see to the proper functioning of the
    Agreement and shall examine all issues arising from its application. In fulfilling this
    role, its main functions will be to:
          (a) review the progress of the customs cooperation in accordance with this
             Agreement and identify new areas and specific sectors for further customs
             cooperation;
          (b) exchange views on any points of common interest regarding customs
             cooperation, including future measures and the resources for them; and
          (c) in general terms, recommend solutions aimed at helping to attain the objectives
             of this Agreement.
3. The Joint Customs Cooperation Committee shall adopt its internal rules of procedure.
                                           Article 16
                                         Implementation
 1. The management of this Agreement shall be entrusted to the Korea Customs Service of
    the Republic of Korea on the one hand and the competent services of the Commission
     of the European Communities and, where appropriate, the customs authorities of the
    Member States of the European Community on the other. They shall decide on all
     practical measures and arrangements necessary for its application, taking into
     consideration rules in thefieldof data protection.
 ---pagebreak--- 2. The Contracting Parties shall consult each other and subsequently keep each other
    informed of the detailed rules of implementation which are adopted in accordance with
    the provisions of this Agreement.
                                            Article 17
                                   Revision or Amendments
The Contracting Parties may, at any time, revise or amend this Agreement by mutual
consent.
                                            Article 18
                                     Territorial application
This Agreement shall apply, on the one hand, to the customs territory of the Republic of
Korea and, on the other, to the territories in which the Treaty establishing the European
 Community is applied and under the conditions laid down in that Treaty.
                                            Article 19
                                 Entry into Force and Duration
 1. This Agreement shall enter into force on the first day of the month following the date
     on which the Contracting Parties have notified each other of the completion of the
     procedures necessary for this purpose.
2. This Agreement is concluded for a period of five years. It shall be tacitly renewed on a
     yearly basis unless one of the Parties denounces it in writing six months before the date
     of expiry.
                                            Article 20
                                        Authentic Texts
This Agreement is drawn up in duplicate in the Korean, Danish, Dutch, English, Finnish,
French, German, Greek, Italian, Portuguese, Spanish, and Swedish languages, each text
being equally authentic.
 ---pagebreak--- IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Agreement.
Done in duplicate at.... on the ....
For the Republic of Korea                   For the European Community
                                        vgr
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 461 final
                                             DOCUMENTS
EN                                                                           11
                                    Catalogue number : CB-CO-96-472-EN-C
                                                             ISBN 92-78-09069-7
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                                  ^