CELEX: 51975PC0541
Language: en
Date: 1975-11-04 00:00:00
Title: Recommendation for a DECISION OF THE COUNCIL concerning the negotiation of an International Convention on Mutual Assistance for the Prevention, Investigation and Repression of Customs Offences Presented by the Commission to the Council

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COM (75) 541
Vol. 1975/0204
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(75)541 final.
                                                   Brussels . 4 November 1975
                                                                          ( .
                                                                            !
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                                Recommendation
                                    for a
                           DECISION OF THE COUNCIL
                   concerning the negotiation of an Inter­
                   national Convention on Mutual Assistance
                   for th « Prevention , Investigation and
                        Repression of Customs Offences
                                                                          S
                                                                              ■ i
                   Presented by the Commission to the Council
COK ( 75 ) 5kl final .
 ---pagebreak---                            Explanatory Mémorandum
Introduction
The purpose of the attached recommendation for a Decision of the Council
is to authorise the Commission to open negotiations in the Customs
Cooperation Council ( CCC ) with regard to an International _          .  ;
Convention on Mutual Administrative Assitance for the Prevention ,
Investigation and Repression of Customs Offences and its Annexes#
The structure of this Convention which has been distributed to Contracting
Parties of the CCC is the same as that of the so called Kyoto Convention ,
that is to say , there is one common section followed by a number of
annexes , each dealing with a particular aspect of mutual assistance ,
and each having a separate identity for the purposes of voting .
Scope of the Convention and the Question of Competence
Although certain provisions of the preliminary draft Convention are of par­
ticular relevance to the uniform application of Community Law , others , for
example' the provisions incorporating measures to combat traffic in
dangerous drugs , fall outside the immediate competence of Community
institutions . The draft Convention is clearly a matter for which
competence is shared , neither the Community nor the Member States having
exclusive competence over the whole range of its provisions .
However , there are matters of unmistakeable and inalienable Community
competence which justify the Commission seeking authority from the
Council to reach a common position with the Member States on those
matters and to negotiate agreements in the Customs Cooperation Council .
The first consideration of the Preamble is a clear reminder that " offences
against c'tptoms Lav/, particularly customs fraud and smuggling , are
prejudicial to the economic and fiscal interests of States and to the
lefli-I'.imate interests of trade ". That the Community has special and
particular trading interests to safeguard is beyond doubt J the common
commercial policy based on a common customs tariff , and the common •
                                                                   • • •/   •
 ---pagebreak---                                 - 2 -
 agricultural policy requiring inter alia the common organisation of
 agricultural markets and the grant of amounts financed by Community
  funds are dependent on the uniform application of Community Law . The
 objectives of those common policies and the provisions designed to
 implement them can only be said to be fulfilled if effective measures
 are taken to combat irregularities and attempted irregularities - It is
 the particular duty of the Commission , by virtue of Article 155 of
 the Treaty to safeguard those provisions . For this reason the Commission
 transmitted to the Council in 1973 a proposal for a Council Regulation
 on mutual assistance between competent authorities of the Member States
 and between the latter and the Commission for ensuring the correct
 application of Community customs and agriculture regulations!^
 In particular , Articles 2 and b of Annex I and Article I of Annex II of the
 preliminary draft Convention which deal with measures to prohibit between
 Contracting Parties exchanges of goods subject to import prohibition must
'be applied by in conformity with the Treaty of Rome . Article U of
Annex I deals with matters which have already been the subject of
 Community legislative provisions , namely Council Directive 68/312 on
the harmonisation of provisions relating to ( l ) customs treatment
of goods entering the customs territory of the Community and ( 2 ) the
temporary storage of such goods , and Community Regulation 5^2/69 on
Community transit . Article 1 of Annex III provides for the communication
on written request of information relating to the dutiable value of
goods , their tariff classification and origin . This enumeration is
not exhaustive and it is possible to find other areas where the
provisions of the draft Annexes deal with matters governed by Community
Law , and for which the Community is competent .
 ––––                                                         • • •/ •
 ( 1 ) Doc . COM(73 ) 538 final
 ---pagebreak---                                 - 3 -
At the Community level , the preliminary draft Convention drafted by the
CCC will concern mutual administrative assistance between the Community
and third countries . It is thus quite distinct from the proposal for a
regulation referred to here , since that proposal is intended to establish
mutual administrative assistance between the Member States of the Community
and between Member States and the Commission . Negotiation " in the CCC on
the setting up of a Convention on mutual assistance can therefore have no
influence on the establishment by a Community act of provisions on
mutual administrative assistance within the Community .
Need for Community action
The importance of measures to combat irregularities for the correct
application of Community law , and in particular the common commercial
policy has already been stated . The Community interest being thus
identified it is necessary to ensure that account is taken of it in
negotiations with the CCC . Article 113 of the EEC Treaty states that
where agreements with third countries need to be negotiated , the
Commission shall make recommendations to the Council * which shall
authorise the Commission to open the necessary negotiations . Hence the
attached recommendation .
                                                                           k
Conclusion
The Commission recommends that the Council , by virtue of Article J.13
of EEC Treaty , authorise the Commission to negotiate the drawing up of
an International Convention on Mutual Administrative Assistance for
the Prevention , Investigation and Repression of Customs Offences and
its Annexes . Following the precedent followed with regard to the
                                                        *)
                                                         /  i 1 n   î
negotiation of several annexes to the Kyoto Convention the Commission
proposes one sinle decision of the Council , rather than a number of
sépara te acts .
*) C0M(7if ) 1768 final
 ---pagebreak---                             Recommandation
                               for a
                      DECISION OF THE COUNCIL
            concerning the negotiation of an International
            Convention on Mutual Assistance for the Pre -             •
            vention , Investigation and Repression of Customs
                               Offences
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ;
Having regard to the recommendation of the Commission ,
Whereas the drawing up of an International Convention on Mutual
Administrative Assistance for the Prevention , Investigation and
Repression of Customs Offences and its Annexes can make an effective
contribution in the fight against customs offences and in
the protection of the economic and trading interests of the Community and
its Member states ;
Whereas such a Convention will directly affect the uniform application
of the Common' Customs Tariff , the Community 's miles on customs
matters , the Community 's commercial policy and its common agricultural
policy ; whereas  it   must take into account the essential requirements of
the customs union ; whereas therefore the Community should negotiate and
become a party to such a Convention .         " " .
HAS DECIDED :
 ---pagebreak---                                  - 2 -
                                Sole Article
The Commission is hereby authorised to conduct negotiations within the
Customs Cooperation Council with a view to the drawing up of an
 International Convention on Mutual Administrative Assistance
for the Prevention , Investigation and Repression of Customs Offences.
 The text of the preliminary draft of this Convention and its Annexes is *
  annexed to this Decision .
The Commission shall conduct these negotiations in consultation with
the Special Committee provided for by Article 113 of the EEC Treaty
which shall assist it in this task .
                                                Done at Brussels
                                                For the Council
                                                The President
List of Annexes :
Preliminary draft International Convention on Mutual Administrative
Assistance for the Prevention , Investigation and Repression of Customs
Offences and its Annexes .