CELEX ID: 22014A1223(01)

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Document:
23.12.2014
EN
Official Journal of the European Union
L 367/10
AGREEMENT
between the European Union and Canada on customs cooperation with respect to matters related to supply-chain security
THE EUROPEAN UNION and CANADA, (the ‘Contracting Parties’),
RECOGNIZING the need to increase end-to-end supply-chain security for Canada and the European Union and at the same time facilitate legitimate trade;
ACKNOWLEDGING the long-standing, close and productive relations between the Customs Authorities of Canada and of the European Union;
RECOGNIZING that these relations can be improved by closer cooperation on container security and other matters related to supply-chain security based, to the greatest extent practicable, on mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes;
AIMING to provide a framework to explore future cooperative means to enhance supply-chain security practices that would increase customs related efficiencies to ensure end-to-end supply-chain security and to facilitate legitimate trade for the benefit of their respective trade communities;
AIMING to develop a strategy that allows Canada and the European Union to cooperate in the area of cargo inspection;
BUILDING upon the core elements of the World Customs Organization's SAFE Framework of Standards to Secure and Facilitate Global Trade;
REFERRING to the Agreement between the European Community and Canada on Customs Cooperation and Mutual Assistance in Customs Matters, which entered into force on 1 January 1998 (the ‘CMAA’), and desiring to expand the scope of that Agreement by means of an agreement on a specific matter, in accordance with Article 23 of the CMAA;
ACKNOWLEDGING that a Joint Customs Cooperation Committee (the ‘JCCC’) was established under Article 20 of the CMAA to see to the proper functioning of the CMAA and, inter alia, take the measures necessary for customs cooperation in accordance with the objectives of the CMAA and for the expansion of the CMAA with a view to increasing the level of customs cooperation and supplementing it on specific sectors or matters;
HAVE AGREED ON THE FOLLOWING:
Article 1
For the purpose of this Agreement, ‘Customs Authority’ means:
—
in the European Union: the competent services of the European Commission and the customs authorities of the Member States of the European Union;
—
in Canada: the governmental administration designated by Canada as responsible for administering its customs laws.
Article 2
The Contracting Parties shall cooperate on matters of supply-chain security and related risk management.
Article 3
The Contracting Parties shall manage this cooperation through their respective Customs Authorities.
Article 4
The Contracting Parties shall cooperate by:
(a)
reinforcing the customs-related aspects of securing the logistics chain of international trade while at the same time facilitating legitimate trade;
(b)
establishing minimum standards, to the extent practicable, for risk management techniques and related requirements and programmes;
(c)
working towards and, where appropriate, establishing mutual recognition of risk management techniques, risk standards, security controls, supply-chain security and trade partnership programmes including equivalent trade facilitation measures;
(d)
exchanging information for supply-chain security and risk management; any exchange of information under this Agreement shall be subject to the confidentiality of information and personal data protection requirements set out in Article 16 of the CMAA as well as any confidentiality and privacy requirements set out in the legislation of the Contracting Parties;
(e)
establishing contact points for exchanging information for supply-chain security;
(f)
introducing, where appropriate, an interface for data exchange, including for pre-arrival or pre-departure data;
(g)
developing a strategy that allows the customs authorities to cooperate in the area of cargo inspection;
(h)
collaborating, to the extent practicable, in any multilateral fora where issues related to supply-chain security may be appropriately raised and discussed.
Article 5
The JCCC, established under Article 20 of the CMAA, shall see to the proper functioning of this Agreement and shall examine all issues arising from its application. It shall be empowered to adopt decisions to implement this Agreement in accordance with the respective domestic legislation of the Contracting Parties, on aspects, such as data transmission and mutually agreed benefits, of: mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes.
Article 6
The JCCC shall set up the appropriate working mechanisms, including working groups, to support its work to implement this Agreement and to address in particular the following aspects:
(a)
identifying any regulatory or legislative changes required to implement this Agreement;
(b)
identifying and establishing measures to enhance information exchange mechanisms;
(c)
identifying and establishing best practices, including best practices for the harmonization of advance electronic cargo information requirements with international standards on inbound, outbound and transit shipments;
(d)
defining and establishing risk analysis standards for the information required to identify high-risk shipments imported into, transhipped through, or transiting Canada and the European Union;
(e)
defining and establishing measures to harmonize risk assessment standards;
(f)
defining minimum control standards and methods by which those standards may be met;
(g)
improving and establishing standards for trade partnership programmes designed to improve supply-chain security and facilitate the movement of legitimate trade;
(h)
defining and carrying out concrete steps to establish mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes including equivalent trade facilitation measures.
Article 7
1.   If difficulties or disputes arise between the Contracting Parties regarding the implementation of this Agreement, the Customs Authorities of the Contracting Parties shall endeavour to resolve the matter through consultation and discussion.
2.   The Contracting Parties may also consent to other forms of dispute resolution.
Article 8
1.   This Agreement may be amended by agreement in writing of the Contracting Parties.
2.   An amendment shall enter into force 90 days after the date on which the second notification is sent, through an exchange of notes through diplomatic channels, indicating that the Contracting Parties have completed their respective internal procedures required for its entry into force.
Article 9
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 to bring this Agreement into force.
Article 10
1.   This Agreement shall remain in force for an unlimited period of time.
2.   A Contracting Party may terminate this Agreement by serving a notice of termination through diplomatic channels on the other Contracting Party.
3.   This termination shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of notice of termination.
4.   If this Agreement is terminated, any decisions of the JCCC will remain in effect, unless the Contracting Parties decide otherwise.
IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Agreement.
Done at Brussels, in two original copies, this 4th day of March 2013, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish and Swedish languages, each version being equally authentic.
За Европейския съюз
Рог la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen
За Канада
Por Canadá
Za Kanadu
For Canada
Für Kanada
Kanada nimel
Για τον Καναδά
For Canada
Pour le Canada
Per il Canada
Kanādas vārdā –
Kanados vardu
Kanada részéről
Għall-Kanada
Voor Canada
W imieniu Kanady
Pelo Canadá
Pentru Canada
Za Kanadu
Za Kanado
Kanadan puolesta
För Kanada

Summary:
Agreements with Canada on customs matters
SUMMARY OF:
Council Decision 98/18/EC to conclude EU-Canada agreement on customs issues
EU-Canada agreement on customs issues
Council Decision 2014/941/EU on supply-chain security
EU-Canada agreement on supply-chain security
WHAT IS THE AIM OF THE DECISIONS AND THE AGREEMENTS?
Decision 98/18/EC seeks to improve cooperation between the administrative authorities responsible for applying customs legislation
1
.
Under the EU-Canada agreement on customs issues, the parties undertake to increase the level of customs cooperation, in particular by simplifying and harmonising their procedures.
Decision 2014/941/EU aims to extend the original agreement on customs issues by a new agreement to cover supply-chain security.
KEY POINTS
EU-Canada agreement on customs issues
Customs cooperation
The parties undertake to develop customs cooperation by:
simplifying and harmonising their customs procedures;
examining means of solving customs-related problems;
exchanging personnel;
computerising customs procedures and formalities.
Mutual administrative assistance
The parties undertake to assist each other, either on request or on their own initiative. They share all appropriate information that helps to ensure the proper application of customs legislation and the prevention and combating of any breach of such legislation. To achieve this, they communicate to each other any new customs law enforcement techniques and any new trends and means of committing breaches of customs legislation.
The customs authorities also provide each other with information on operations, completed or planned, which appear to constitute a breach of customs legislation in the territory of the other contracting party.
Assistance on request
The requested authority
2
 informs the applicant authority
3
 of the customs legislation and procedures applicable in its territory and relevant to inquiries relating to a breach of customs legislation. This information may relate to the lawfulness of procedures for exporting and importing goods between the two contracting parties and to the customs procedure applied.
The agreement also provides for 
special surveillance
 of persons who have committed a breach of customs legislation or who are suspected of doing so. This surveillance may also be applied to goods giving rise to illicit trafficking and to the transport and premises used to this end.
Spontaneous assistance
One of the two parties may supply information on its own initiative in serious cases that could involve substantial damage to the economy, public health, public security or any other vital interest of the other contracting party.
Formal aspects and exceptions to assistance
Requests must be made in writing, except in urgent cases where oral requests may be made, confirmed in writing thereafter. Requests must contain: 
data on the applicant customs authority;
the measure requested;
the object of and the reason for the request;
the legislation involved; and
the details of the individuals who are the subject of the investigation.
The requested party may refuse to provide assistance if to do so would be likely to prejudice the sovereignty, public policy, security or other essential interest of one of the parties. The obligation to provide assistance may also be postponed on the ground that it interferes with an ongoing investigation, prosecution or proceeding.
The agreement contains 
confidentiality clauses
 in relation to the information supplied. A high level of protection is given to personal data.
The agreement provides for the establishment of a 
Joint Customs Cooperation Committee
 that sees to the proper functioning of this agreement and examines all issues arising from its application.
Customs cooperation with regard to supply-chain security
Under Decision 2014/941/EU, customs cooperation between the parties was extended to cover supply chain security. Under this agreement, the EU and Canada sought to secure the logistics chain while at the same time facilitating legitimate trade.
Aspects covered by the agreement include: 
drawing up minimum standards for risk management;
working towards mutual recognition of risk management techniques, risk standards, security controls, container security and trade partnership programmes, including equivalent trade facilitation measures;
sharing information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements;
introducing an interface for data-sharing, including for pre-arrival or pre-departure data;
developing a strategy allowing cooperative customs partnership as regards cargo inspection.
FROM WHEN DO THE DECISIONS AND THE AGREEMENTS APPLY?
Decision 98/18/EC has applied since 
27 November 1997
. The agreement entered into force on 
1 January 1998
.
Decision 2014/94/EU has applied since 
27 June 2013
. The agreement on supply-chain security has entered into force on 
1 November 2013
.
BACKGROUND
For more information, see:
EU-Canada customs cooperation
 (
European Commission
).
KEY TERMS
Customs legislation:
 in the EU, it includes all rules governing the import, export, transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control. In Canada, the definition is wider. It includes all statutory and regulatory rules in this area, the administration and enforcement of which are specifically charged to the customs authority, in other words the competent sections of the Departments of National Revenue, as well as any regulations adopted by the customs authority under its statutory powers.
Requested authority:
 the competent customs authority that receives a request for assistance.
Applicant authority:
 the competent customs authority that makes a request for assistance.
MAIN DOCUMENTS
Council Decision 
98/18/EC
 of 
27 November 1997
 concerning the conclusion of the Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters (OJ L 7, 
13.1.1998
, 
p. 37
)
Agreement
 between the European Community and Canada on customs cooperation and mutual assistance in customs matters (OJ L 7, 
13.1.1998
, 
pp. 38-45
)
Council Decision 
2014/941/EU
 of 
27 June 2013
 on the conclusion of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security (OJ L 367, 
23.12.2014
, 
pp. 8-9
)
Agreement
 between the European Union and Canada on customs cooperation with respect to matters related to supply-chain security (OJ L 367, 
23.12.2014
, 
pp. 10-13
)
last update 
7.11.2017

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