eu customs strategy
TRANSCRIPT
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EU Customs strategy
A few facts on EU customs
27 customs administrations of the EU implement a community customs code The EU is the largest trading space in the world - population of nearly 500 million 245 million customs declarations completed in 2011 - 8.9 every second 2.2 billion tonnes of goods with a customs value of 3300 billion EUR was handled by EU
customs in 2011.
The Customs Union is a foundation of the European Union and an essential element in the
functioning of the single market. The single market can only function properly when there is acommon application of common rules at its external borders. This implies that the 27 Customs
administrations of the EU must act as though they were one.
These common rules go beyond the Customs Union as such - with its common tariff - and
extend to all aspects of trade policy, such as preferential trade, health and environmental controls,the common agricultural and fisheries policies, the protection of our economic interests by non-tariff instruments and external relations policy measures.
Today, customs are facing new challenges: they must ensure the smooth flow of trade whilstapplying necessary controls on the one hand, whilst guaranteeing protecting the health and safety
of the Community's citizens. To achieve the correct balance between these demands, customsprocedures and control methods must be modernised and co-operation between the different
services must be reinforced. For this reason, the Modernised Customs Code (Regulation (EC) No450/2008 ) was adopted in April 2008.
In order that the EU's economy can continue to compete in a global context, it is essential thatcustoms IT systems are able to exchange electronic information and are provided with a range of
interfaces with the trade, based on commonly used technology. In order to improve theinteroperability between Member States' automated customs systems, the Council and the
European Parliament have adopted a Decision on a paperless environment for customs and trade.
What is the role of Customs today?
Customs are in a unique position today to be able to
facilitate trade and protect the interests of the European Union and its citizens.Customs authorities implement EU policies in almost every field connected with international
trade. They are in the front line in the fight against fraud, terrorism and organised crime.Until recently, the role of the customs consisted primarily of collecting customs duties and
indirect taxes at import. Numerous developments, including enlargement and the development of
e-commerce and the threat of terrorist attacks and the internationalisation of organised crime, have
altered the environment in which customs operate.To effectively assume these roles customs maintain a continuous dialogue with stakeholders.
In this context, consultation with the business sector has been enhanced. Trade associations are
regularly invited to seminars and working groups to give their input to the development of new
policy and legislative initiatives. For example, the Trade Contact Group, in which all major playersin the international supply chain are represented, has been established.
The mission of customs is described in the Modernised Customs Code (Official Journal L 145
of 4 June 2008):
Mission of customs authorities
Customs authorities shall be primarily responsible for the supervision of the Community's
international trade, thereby contributing to fair and open trade, to the implementation of theexternal aspects of the internal market, of the common trade policy and of the other common
Community policies having a bearing on trade, and to overall supply chain security. Customsauthorities shall put in place measures aimed, in particular, at the following:
Protecting the financial interests of the Community and its Member States; Protecting the Community from unfair and illegal trade while supporting legitimate
business activity;
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Ensuring the security and safety of the Community and its residents, and the protection ofthe environment , where appropriate in close cooperation with other authorities;
Maintaining a proper balance between customs controls and facilitation of legitimate trade.
A strategy for the evolution of the Customs Union
Following the entry into force of the Regulation on the Modernised Customs Code, theCommission adopted a Communication on 1 April 2008 (see COM (2008) 169 (174 Kb) ) in order
to develop a strategy for the evolution of the Customs Union.
The Commission's strategy aims to complete the reform process, already launched with the
Modernised Customs Code and the Decision on a paperless environment for customs and trade, bymodernising customs working methods, developing staff competences and re-allocating resources
in an efficient and effective way.
The Commission proposes setting out a strategic framework for customs with common
strategic objectives covering aspects such as: Protecting society and the EU's financial interests by developing effective measures against
illicit, restricted and prohibited goods and developing effective risk assessment as part of the fight
against terrorist and criminal activity; Supporting the competitiveness of European companies by modernising customs working
methods and developing new EU standards; Facilitating legitimate trade by designing and improving control systems to reduce
interference in the flow of goods, and reducing the administrative burden on businesses; Controlling and managing the supply chains used for the international movement of goods
by enhancing effective and systematic sharing of risk information;
Developing and enhancing cooperation between customs authorities and with othergovernmental agencies and the business community.
The complete list of objectives can be found in the Communication on the Strategy for the
evolution of the Customs Union (see COM (2008) 169 (174 Kb) ). See also press release IP/08/492.
Further information related to the Strategy for the evolution of the Customs Union
The Council approved the Commission Communication (ECOFIN Council Conclusions of 14May 2008), including the strategic framework
The European Parliament adopted, on the basis of the Commission Communication, aResolution on 40th anniversary of the Customs Union in June 2008
On the occasion of the 40th anniversary of the European Customs Union, a Declaration onthe future role of customs was adopted on 4 July 2008, in Paris
Following a request of the Council the Commission presented a Report on Progress on theStrategy, in which the Commission also identified areas for further improvement. This report waswelcomed by the Council on 10 December 2012 (see Council Conclusions )
Electronic customsGeneral information
The electronic customs project initiated by the European Commission aims to replace paperformat customs procedures with EU wide electronic ones, thus creating a more efficient and
modern customs environment. The project's dual objective is to enhance security at the EU's
external borders and to facilitate trade. It should therefore benefit both businesses and citizens.Electronic customs is a major development for the EU's Customs Union. Its genesis is briefly
described below. The following pages outline electronic customs legislation in force and proposedand individual projectsmaking up the electronic customs initiative.
Genesis of the projectThe customs union is one of the pillars of the European Union and is at the heart of the
internal market. Current legislation on customs procedures and processes is rather complex and is
still based on paper declarations, and although all Member States have electronic customs systems,they are not inter-connected. The Commission considers that, with simplified customs legislation,streamlined customs processes and procedures and convergence of IT systems, traders would save
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money and time in their business transactions with customs. This would enhance the
competitiveness of European businesses and thereby advance the main goals of the EU strategy forgrowth and jobs. In addition, these changes would improve safety and security checks, which would
benefit all citizens.The first step to the EU-wide electronic exchange of customs declarations was established
with New Computerised Transit System started in 1997. As a contribution to the "e-government"programme, in July 2003, the Commission published its communication on a paperless
environment for customs and trade (COM/2003/452 of 24/07/2003) which provided a vision of a
modern customs service communicating electronically with trade. This vision was endorsed by the
Council Resolution of December 5, 2003 (see Official Journal C 305) which called for a Multi-AnnualStrategic Plan (see below) for the creation of a European electronic environment, consistent with
the operational and legislative projects and developments already scheduled or underway in the
areas of customs and indirect taxation.
Subsequently, the Commission drafted a plan which sets down the vision, objectives, thestrategic framework and the milestones to implement the electronic customs initiative. The MASPis also intended to provide interested parties with a short overview and background information on
projects and key issues related to the evolution of the electronic customs initiative and the presentstate of play.
Under the electronic customs decision, a consolidated report, evaluating the progress madeby the Member States and the Commission in the electronic customs initiative is prepared by the
Commission's Taxation and Customs Union Directorate General every year on the basis of nationalreports. See the report for 2010, 2009 and the one for 2008 (52 Kb) .
Legislation related to the electronic customs initiativeThe electronic customs initiative is essentially based on the following three pieces of
legislation: The Security and Safety Amendment to the Customs Code, which provides for full
computerisation of all procedures related to security and safety;
The Decision on the paperless environment for customs and trade (Electronic CustomsDecision) which sets the basic framework and major deadlines for the electronic customs projects;
The Modernised Community Customs Code which provides for the legal bases for thecompletion of the computerisation of customs while being currently subject to a recast as a Union
Customs Code. More
Electronic Customs Decision
As set out in the Decision on the paperless environment for customs and trade - 'Electronic
Customs Decision' (Decision N 70/2008/EC ), the electronic customs initiative aims at establishing
secure, interoperable electronic customs systems for the exchange of the data to:
Facilitate import and export procedures; Reduce compliance and administrative costs; Improve clearance times; Coordinate the approach to the control of goods and application of the legislation;
Ensure proper collection of duties and charges; Enable a seamless flow of data between the parties involved and allow re-use of data.The Electronic Customs Decision details the interoperable systems to be introduced,
deadlines for their establishment and responsibilities relating to the human, budgetary and
technical resources of the Union and of the Member States.
Security and Safety Amendment to the Customs Code
Regulation (EC) 648/2005 and its implementing provisions requires pre-arrival and pre-departure information (in the form of summary declarations lodged before the goods are brought
into or out of the Union customs territory) to be filed electronically and also envisages exchangeand sharing of the information between the Member States administrations, when possible.
Provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code which provide for the EORI system (Economic Operators' Registrationand Identification system) are provided for in Regulation (EC) No 312/2009 of the Commission of16 April 2009 .
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Modernised Customs Code
About the Modernised Customs Code which provides for the legal bases for the completion ofthe computerisation of customs while being currently subject to a recast as a Union Customs Code,
you find more information on the following page.Individual Projects
This section gives an overview of the major projects making up the electronic customs
initiative, whose more detailed descriptions and schedules are to be found in the Multi-Annual
Strategic Plan. The projects will serve the needs of businesses and/or customs administrations,complementing one another in their scope and purpose.
The Automated Import System and Automated Export System together with NCTS aim to ease
the customs procedures (export, import and transport), avoiding duplication at EU level. The Single
Electronic Access Pointand Single Window will bring traders the benefits of the single market froma purely customs and a more general perspective respectively. The Authorised Economic Operatorsystem will give reliable businesses a chance to benefit from simplifications in the security and
safety area. The Economic Operators' Registration and Identification system will establish a uniquesystem of registration and identification for economic operators in the EU. Single Authorisations for
Simplified Procedures (if adopted) will use the European dimension to eliminate paperwork. Lastbut not least, the electronic customs initiative will be supported by information tools providing data
in specific fields such as the EU Customs Information Portal . The Integrated Tariff Environmentproject, the Risk Management Framework and the Registered Exporters system will improve
information availability in their respective areas.New Computerised Transit System (NCTS) - Security and Safety Aspects
NCTS, being the first and currently only fully computerised and operational customs systemworking in all Member States (as well as in EFTA countries - Iceland, Norway, Liechtenstein, and
Switzerland) is to be updated in its features as required by Regulation (EC) 648/2005 and itsimplementing provisions. One of the main adjustments will be the incorporation of the data
elements as required by the regulation.NCTS - TIRThe objective of this application (currently in the pilot phase) is to provide full control of the
European leg of TIR movements and to facilitate the termination/discharge of TIR operations
within the Community by replacing the return of Voucher No 2 with the sending of NCTS messages.
Automated Import SystemThe objective of the Automated Import System is to ensure that import operations started in
one Member State can be completed in another Member State without re-submission of the same
information. This includes the exchange of electronic messages related to the different stages of the
operations amongst the various actors (customs, traders and other governmental administrations).The first phase of the implementation, Import Control System, is aimed to provide for the handling
of pre-arrival declarations (under security and safety amendment Regulation (EC) 648/2005) and
the link of the information with risk analysis.
Automated Export System (AES)The objective of the Automated Export System is to ensure that export operations started in
one Member State can be finalised in another Member State without re-submission of the sameinformation. This includes the exchange of electronic messages related to the different stages of the
operations amongst the various actors (customs, traders and other governmental administrations).
This project was divided in 3 phases:
Export Control System (ECS) phase 1 - exit "fiscal" control - provides for the full control ofthe conclusion of export operations via the electronic exchange of export/exit information betweencustoms offices of export and customs offices of exit, in particular where different Member States
are involved. This replaces the current return of paper copy No. 3 of the export declaration (toenter into operation in January 2007 with the full availability in all Member States in July 2007);
ECS phase 2 - exit "security" control - provides for the electronic handling of exit summarydeclarations under the security amendment Regulation (EC) 648/2005 and will, inter alia, requireadditional information to be included in export declarations for safety and security purposes. Itbuilds upon and keeps the functions of ECS Phase 1;
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AES - full deployment - will build on and contain the functionalities of ECS Phases 1 and 2and, in particular, will introduce the central clearance approach.
Economic Operators' Registration and Identification system (EORI)
The objective of the Economic Operators' Registration and Identification System is toestablish a uniquesystem of registration and identification for economic operators in the EU as laid
down in Regulation (EC) 312/2009 .The guidelines (314 Kb) to ensure uniform implementation and a common understanding of
the legislation concerning EORI have been prepared.
For further information related to specific EU Member States please contact the appointed
contact points in the Member States (201 Kb)The previous version of the EORI Guidelines is available here (301 Kb)
Authorised Economic Operator (AEO)
Authorised economic operators (as defined in Regulation (EC) 648/2005) will benefit from
facilitations with regard to customs controls relating to security and safety and/or fromsimplifications provided for in theimplementing provisions to Regulation (EC) 648/2005. Theimplementing provisions will also specify the criteria for granting the status which will be
recognised in all Member States.The information and communication system supporting the concept of the Authorised
Economic Operators will e.g. enable the national administrations of the Member States to grant AEOstatus (including online consultations) and will provide access to the list of the AEOs for business
needs.Single Authorisations for Simplified Procedures
Under the proposed legal basis, the objective is to establish a single authorisation forsimplified procedures in the EU where more than one customs administration is involved in the
application of such an authorisation and to create an IT system to manage the demands, decisionsand information flow related to the management of the single authorisations for simplified
procedures.Registered Exporters established in third countries
The objective of the Registered Exporters system is to make available up to date andcomplete information on registered exporters established in third countries involved in the exportof goods to the EU having a preferential tariff rate based upon compliance with the applicable
preferential rules of origin. Registered Exporters are seen as known and trusted partners in a
particular set of rules of origin.
The Commission is considering setting up a system to disseminate information concerningRegistered Exporters which will be available throughout the EU for authorised users.
Single Electronic Access Point
Single Electronic Access Points will allow traders to lodge their electronic pre-arrival/pre-
departure, summary and full customs declarations via one single interface of their choice whichconnects their system with all Member States' customs systems. The data is automatically made
available to any customs office responsible for the place at which goods have been, or are to be,
presented, irrespective of the Member State concerned.
Integrated Tariff EnvironmentThe aim of the project is to improve interconnection between the already existing tariff
related IT systems in order to achieve re-use of data and/or functionality of one system to another(e.g. descriptions of CN codes owned by the CN system are to be re-used by TARIC) and to
harmonise the interfaces of the different inter-related tariff systems with the Member States
without redundancy of data.Risk Management Framework (RMF)
The objective of the Risk Management Framework is to provide for the rapid, direct andsecure exchange of risk information to support targeting of consignments for customs controls and
for the Commission to be able to disseminate information concerning Community-wide threats.The first phase of the RMF, the electronic Risk Information Form (RIF) system, was launched
in April 2005. The second phase involves an upgrade of the RIF system to include new user
requirements arising from the practical experience gained by the users of the system.The next phase will involve enhancing the RIF system to permit the secure electronic
transmission and management of common Community risk profiles, requiring mandatory control
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action by Member States. These risk profiles will relate to priority control areas as required under
the new rules concerning a Community Risk Management Framework laid down in Regulation (EC)648/2005 and the corresponding implementing provisions.
EU Customs Information PortalEU Customs Information Portal will enable economic operators to access information related
to import/export requirements, as well as information on the operational status of movementsthrough a customs information portal. Such a portal would mainly contain all relevant information
about rules on the movement of goods across borders, and also relevant information from domains
other than pure customs (e.g. agricultural, environmental and other legislation). Links will be
provided to more detailed and/or national information featuring on the customs informationportals of the national customs administrations.
Single Window
The objective of Single Window (see below) is to enable economic operators to lodge
electronically and once only all the information required by customs and non-customs legislationfor EU cross-border movements of goods.
The envisaged national single windows will be connected to one another and will be
supported by the Single Electronic Access Point (SEAP).Single window at Community level (158 Kb)
Annex I (170 Kb): Inventory of certificates listed in TARICAnnex II (111 Kb): Inventory of existing electronic systems/documents and initiatives on
electronic exchange of information, under Directorate General Taxation & Customs Union'scompetence
Annex III (109 Kb): Inventory of existing electronic systems/documents and initiativesrelated to customs procedures, under other Directorates General's competence
Annex IV (36 Kb): Scientific projectsAnnex V (400 Kb): United Nations Economic Commission for Europe - The Single Window
ConceptAnnex VI (3.4 Mb): Presentations by participants of the inter-DG co-ordination group
Annex VII (1.32 Mb): Case studies: Information on Member States' and third countries' singlewindow approach
Annex VIII (381 Kb): SITPRO - Single window and potential benefits to UK business
Annex IX (31 Kb) : Web links
Security cooperation with third countries
Agreements with Switzerland and with Norway in the field of customs security measuresThe agreements waive the obligation for traders to provide customs with electronic
information for security purposes prior to the import and export of goods in bilateral trade
between Switzerland and the EU and between Norway and the EU. The agreement with Switzerland
was signed on 25 June 2009 (OJ L 199 of 31 July 2009) and the necessary amendments to EEAProtocol 10 with Norway were adopted on 30 June 2009(OJ L 232 of 3 September 2009) . Both
agreements entered into force on 1 July 2009. The agreements are subject to the condition that
Switzerland and Norway apply in their trade with third countries customs security measures that
are equivalent to those applied by the EU. This implies mutual recognition of so-called AuthorisedEconomic Operators (AEO) and of systems of risk analysis and management. The agreements aim at
maintaining the existing smooth trade flows both between Switzerland and Norway with the EUwhile ensuring a high level of security of the supply chain.
Agreement with the United States of America on intensified customs cooperation on
container securityOn 22 April 2004, an agreement was signed with the United States on container security
within the scope of the existing EU/US customs co-operation agreement (see also Council Decision2004/634/EC and press release: IP/04/525 ).
The agreement aim to improve security for both the EU and the US. It will also guarantee theright balance between trade facilitation and security by:
Ensuring that general customs control of legitimate trade takes due account of securityconcerns;
Creating equal levels and standards of controls for US and EU operators.
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The agreement established a working group to develop the operational elements of expanded
cooperation, such as minimum standards for CSI ports, common risk criteria and trade partnershipprogrammes (see the Annex of the Agreement).
Results of EU-US cooperationFollowing this 2004 agreement, two expert working groups were established with specific
agendas. One group focused on furthering joint efforts in security standards, and the other focusedon comparing trade partnership programmes. A series of meetings were held to identify and define
programmes and activities that would achieve these objectives (see press release IP/04/1360 ).
The outcome of these meetings is a list of recommendations for measures and actions that
concern, amongst other things, establishing minimum standards for risk management techniques,agreed operating procedures for customs controls and CSI requirements for EU ports. For more
details please have a look at this. document (1.47 Mb) .
The in-depth comparison of the customs to business partnerships programmes provided a
complete overview of the EU Authorised Operator Concept (AEO) and the US Customs and TradePartnership Against Terrorism (C-TPAT) programme. It serves as a basis for further developmentof standards and systems for securing and facilitating legitimate trade on both sides of the Atlantic.
The developments and results of EU-US customs cooperation in this field are closely monitored byother international organisations (WCO, OSCE) and will certainly have an impact on work in
international fora, such as the future work in connection with the WCO Framework of Standards(SAFE) (243 Kb) .
In the 7th EU-US Joint Customs Consultative Committee (JCCC) meeting in Brussels on 31January 2006, the US Customs and Border Protection (CBP) Acting Commissioner, Ms Deborah
Spero, and the European Commission Director General of DG Taxation and Customs Union, MrRobert Verrue, endorsed the results of the working groups. They also agreed on the
recommendations proposed by the working groups, e.g. merging both working groups into oneSteering Group and developing activities to support the implementation of operating procedures
and standards developed by the experts.In the 8th EU-US JCCC meeting on 22 January 2007 in Washington, CBP Commissioner, Mr
Ralph Basham, and the European Commission Director General of DG Taxation and Customs Union,Mr Robert Verrue, endorsed the results of the second phase of the EU-US customs cooperation ontransatlantic supply chain security. They also agreed on focusing - in a third phase of cooperation -
on three priority actions: A pilot project to test the feasibility of the CSI concept at EU feeder ports
which has now concluded, Customs-Trade Partnership Initiatives and Joint Risk Rules.
At the 9th meeting of the JCCC on 6 March 2008 in Brussels, CBP Deputy Commissioner, MrJayson Ahern, and European Commission Director General of DG Taxation and Customs Union, Mr
Robert Verrue, adopted the US-EU Joint Customs Cooperation Committee Roadmap towards Mutual
Recognition of Trade Partnership Programmes.
Customs security programmes were introduced by the US and the EU in order to support thedevelopment and implementation of measures to enhance the security of the supply chain through
improved customs controls. Traders who demonstrate compliant efforts to secure their part of the
supply chain benefit from increased customs facilitation.
Mutual recognition arrangements allow the companies of one supply chain securityprogramme to receive benefits similar to those conferred on companies participating in another
country's programme. For more information see the press release (76 Kb) .In January 2009 an abridged version of the roadmap was agreed with US Customs and Border
Protection.
The purpose of this abridged version is to provide external partners, including members ofthe trade community, with some background on the relevant details of the roadmap and an insight
into the identified and agreed tasks that must be completed in order to meet the foreseen deadlineof Mutual Recognition in 2009. For more information see the abridged version of the roadmap (49
Kb) .Cooperation on supply chain security with China
The European Union concluded an Agreement on Customs Cooperation and Mutual
Administrative Assistance in Customs Matters with the People's Republic of China that entered intoforce on 1 April 2005. On 19 September 2006, the EC and China agreed to launch a pilot project onsmart and secure trade lanes, with particular emphasis on sea containers. It aims to improve
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cooperation on supply chain security and to work towards mutual recognition and reciprocity of
security measures. The pilot project initially involves the ports of Rotterdam (NL), Felixstowe (UK)and Shenzhen (China). For more information see IP/06/1206 .
As of 19 November 2007, the customs administrations of the United Kingdom, theNetherlands and China exchange electronic information on sea containers leaving their territory
through Rotterdam, Felixstowe and Shenzhen. This is an important step in our customs cooperationwith China and paves the way for reciprocity and mutual recognition of security measures. This
step took place in close cooperation with the European Commission in the framework of the secure
and smart trade lanes pilot project.
Both sides agreed to exchange experience and develop best practices in order to betterunderstand and prepare the implementation of the WCO Framework of Standards to Secure and
Facilitate Global Trade. They also agreed to pursue the objectives of reciprocity and mutual
recognition of measures for security and facilitation to be implemented between the General
Administration of Customs of the People's Republic of China and the customs authorities of theEuropean Union.
In the short term the Smart and Secure Trade Lane Pilot Project will allow:
The testing of end-to-end supply chains from the point of packing containers, through theentire container journey, to the point of final destination;
Agreement on and testing of criteria for economic operators to be granted authorisedeconomic operator (AEO) status;
Agreement on and testing of data requirements for pre-loading security clearance for "doorto door" supply chains;
The definition of and agreement on minimum risk rule set (profiles) and minimum controlstandards for customs clearance;
The testing and evaluating of IT and technical solutions that enhance security and controlsystems while facilitating legitimate trade.
Comparison of equivalent AEO legislation in order to prepare the ground for mutual AEOrecognition between the EU and China.
The evaluation of the first phase of the pilot project has been launched in spring 2009 andshould be finalised by the end of the year.
Cooperation with Japan on mutual recognition of security measures and AEO
The EU-Japan Joint Customs Cooperation Committee established an expert dialogue on AEOs
at its first meeting, held in Brussels on 11 February 2008.This dialogue brings together AEO experts from the EU and Japan to conduct an in-depth
comparison of their respective AEO programmes. This analysis includes both legislative aspects and
implementation, with the aim of preparing for an eventual mutual recognition of AEOs under the
EU-Japan Customs Cooperation and Mutual Administrative Assistance Agreement.Achieving mutual recognition of AEO programmes between the EU and Japan would facilitate
trade and EU exports and also increase end-to-end supply chain security.
Security initiatives of non-EU Customs administrations
Security initiatives of non-EU Customs administrationsU.S. Initiatives
Container Security InitiativeIn response to potential terrorist threats, US Customs authorities have issued initiatives to
improve security in the international supply chain. One of these initiatives is the Container Security
Initiative (CSI), which pre-selects, according to risk assessment criteria, containers destined for theUS prior to loading on the ship in a foreign port. The US has also published a Regulation on
advanced cargo manifest information, the so-called '24 hours rule'. This Regulation obliges carriersto provide electronic manifest data to the Bureau of Customs and Border Protection (CBP), 24
hours before loading sea containers bound for the US. For air cargo, information should be madeavailable straight after take off. This enables CBP to select high-risk shipments via their automated
system.
CSI is currently operational in the following European ports: Antwerp and Zeebrugge,(Belgium); Le Havre and Marseille (France); Bremerhaven and Hamburg (Germany); Piraeus(Greece); La Spezia, Genoa, Naples, Gioia Tauro and Livorno (Italy), Rotterdam (The Netherlands);
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Lisbon (Portugal); Algeciras (Spain); Gothenburg (Sweden); Felixstowe, Liverpool, Thamesport,
Tilbury, and Southampton (United Kingdom).For more information see the US Customs page on the CSI initiative.
100% scanning of maritime containersUS legislation adopted in 2007 foresees 100% scanning at foreign ports of all US-bound
maritime containers by 1 July 2012.The Commission, Member States, port operators and the trade community are concerned
about this legislation, in particular with respect to the lack of proven security benefits, the potential
costs of the scanning requirement, its possible effects on competitiveness and its negative impact
on transatlantic trade flows. In 2008 the Commission carried out a preliminary impact assessmentof 100% scanning based on Member States' contributions. These comments (130 Kb) were taken
into account by the US Department of Homeland Security and annexed when reporting to the US
Congress in June 2008.
To back the EU position with empirical data the Commission has analysed the impact of thelegislation on the security of the supply chain, on maritime transport and on trade. The mainfindings of these studies, along with the EU's alternative approach to supply-chain security, are
presented in a Commission staff working paper (SEC/2010/131 (551 Kb) ) adopted in February2010. The studies confirm that the 100% scanning legislation would create a disproportionate
economic burden without proven benefits for security. The EU advocates an alternative approachbased on multilayered risk management. See the studies commissioned by the European
Commission's Directorates General for Taxation and Customs Union (1.48 Mb), Transport andEnergy , and Trade .
CanadaThe Free and Secure Trade (FAST) program is a joint Canada-US initiative involving the
Canada Border Services Agency, Citizenship and Immigration Canada, the United States Bureau ofCustoms and Border Protection (CBP). FAST supports moving pre-approved eligible goods across
the border quickly and verifying trade compliance away from the border.It is a harmonised commercial process offered to pre-approved importers, carriers, and
registered drivers. Shipments for approved companies and transported by approved carriers usingregistered drivers, will be cleared into either country with greater speed and certainty, and at areduced cost of compliance.
The EU and Canada envisage strengthening their cooperation on supply chain security and
AEO.
For more information see the Canada Border Services Agency.Australia
Frontline is a cooperation programme between customs and industry groups involved in
international trade and transport. The programme draws on the knowledge and expertise of people
in the industry to help prevent illegal activities.For more information see the website of the Australian Customs Service.
New Zealand
The Customs Service is working with business on improving export security. Is it important
that exporters keep up to date with developments. An overview is contained in the publicationSecuring New Zealand's Exports. The latest information is contained in the publication Secure
Exports Partnership (SEP) - Important Information for Applicants. New Zealand is cooperating withthe US on mutual recognition of their SEP and the US Customs and Trade Partnership against
Terrorism (C-TPAT).
Security initiatives in international foraSince 2001/2002, the World Customs Organization (WCO) has been working on developing
globally applicable measures to increase supply chain security while facilitating legitimate trade. InJune 2002, the WCO Council adopted a Resolution on Security and Facilitation of the International
Trade Supply Chain. Based on the Resolution, a Task Force was established to assist the SecretaryGeneral in the development and implementation of the measures outlined in the Resolution.
In June 2004, the Council adopted a second resolution (9 Kb) resolving a High Level Strategic
Group (HLSG), to build on the work of the Task Force. It was comprised of Director Generals, and itsgoal was to provide leadership and guidance on security and facilitation matters.
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At its Council Session on 24 June 2005, the World Customs Organization (WCO) adopted the
Framework ofStandards to Secure and Facilitate Global Trade (243 Kb) . This text - now called"SAFE Framework of Standards" - provides a structured framework for customs and their business
partners to secure the international supply chain and facilitate the movement of legitimate goods(see press release).
The framework also aims to strengthen networking arrangements between customsadministrations. This will improve their capability to detect high-risk consignments and establish
formal arrangements for cooperation between customs and the business community. The 17
standards that form an part of the framework are balanced between security and trade facilitation
measures. They should also help to improve the collection of customs duties, particularly indeveloping countries.
WCO members agreed to establish a dedicated fund to finance capacity building initiatives,
such as diagnostic studies to determine the abilities of WCO members to implement the Framework
of Standards. They have also agreed to help each member country committed to the framework toincrease its ability to meet the standards that have been set.
International Customs Co-operation and Mutual Administrative Assistance Agreements
IntroductionFor the policy of the European Community, cooperation at international level between the
custom authorities is an important tool for providing a balance between the necessary tradeliberalisation and the increasing international trade with the world's large trading partners. This
cooperation should help customs authorities to use new instruments or increase the efficiency inexisting tools for the control of the trade flows and the fight against fraud and illegal activities.
In coherence with this policy, the Customs Cooperation and Mutual Administrative AssistanceAgreements, allow the parties to put the necessary tools for customs cooperation in place. For the
benefit of world trade and international assistance to fight against customs fraud, the EuropeanUnion has signed customs cooperation and mutual administrative assistance agreements (Korea,
Canada, Hong Kong, US, India, China and Japan).The European Union also has Partnership and Co-operation Agreements with a number of
countries, including Russia and Ukraine, which cover customs co-operation and include a protocolon mutual administrative assistance.
What is in the Agreements on customs co-operation and mutual assistance in customs
matters?
The agreements are part of the European Community's strategy vis--vis third countries as
regards customs co-operation. They focus on strengthened co-operation of customs authoritieswith a view
to creating a level playing field for economic operators and to exchanging information on customs legislation and customs rules as early as possible.They provide also for the possibility to exchange information on technical assistance granted
to third countries with a view to improving these actions. The agreements specify also that both
sides shall strive for simplification and harmonisation of customs procedures, taking into account
the work done by international organisations like for example the World Customs Organisation
(WCO) and the World Trade Organisation (WTO). They stipulate that both sides shall cooperate asregards the computerisation of customs procedures and formalities with the aim of facilitating
trade between them.The agreements contain also a chapter on mutual assistance in customs matters, which lay
down under which circumstances and how customs authorities can exchange data relating to
breaches of customs legislation and fraud cases. The rules have to be strictly applied. Moreover,data protection rules have to be applied and the confidentiality of information has to be respected.
The existing Customs Cooperation agreements provide also for the possibility to expand their scope and to increase the levels of customs co-operation.The Contracting Parties may enlarge the scope of the Agreement by mutual consent in order
to supplement the areas of cooperation on specific areas: The European Community has formally
expanded the customs co-operation agreement with the United States by introducing efficient andeffective control measures to improve the security of transatlantic maritime transport ofcontainers. The expansion of the agreement on 22 April 2004 to cover co-operation on CSI and
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related matters, striving for the right balance between security and facilitation, shows the
possibility for an expansion of the scope of the agreement is indeed necessary as the area ofcustoms co-operation and the role of customs are constantly evolving.
There is a possibility to maintain pre existing bilateral agreements as long as they are not incontradiction with Community competences and the Customs Cooperation and Mutual
Administrative Assistance Agreements. The provisions of the latter, shall take precedence over theprovisions of any bilateral agreement on customs cooperation and mutual administrative
assistance which have been or may be concluded between individual Member States and the
contracting party insofar as the provisions of the latter are incompatible with those of these
Agreements.How are the Agreements on customs co-operation and mutual assistance in customs matters
implemented?
Each agreement establishes a Joint Customs Co-operation Committee which consists of
representatives of the customs authorities of the Contracting Parties, i.e. representatives of thethird party competent services (i.e. the Canadian Border Services Agency), the EuropeanCommission and of the customs authorities of Member States.
The Joint Committee has to ensure that the agreement is correctly applied and has examinedall questions arising from its application, for example all issues relating to problems concerning the
application of customs rules in trade (classification of goods, origin problems etc) or concerningfuture developments of customs legislation (computerisation; changes to the Customs Code). It
serves also as a forum to discuss and prepare meetings relating to international organisations likethe WCO.
The Joint Committee can adopt decisions and recommendations to strengthen co-operationor to strive for the solution of problems encountered in the application of customs rules.
The formal Joint Customs Co-operation Committee meetings are mostly used to enshrine jointpositions and to formally agree a common approach. In between the meetings, both sides co-
operate closely through informal channels and also in the margins of the many internationalmeetings.
A high-level International Customs Conference EU-China took place on 1 and 2 September2010 in Shanghai. See the details.
ASEAN
In May 1997 the Council authorised the Commission to negotiate customs cooperation
agreements on behalf of the Community with regard to the ASEAN countries, taking into account
the 1996 Commission Communication which encourages the reinforcement of cooperation in keyareas of trade and economic development, inter alia in the customs field. In 2003, the Council of
Ministers has endorsed the priority of intensifying some policy areas with the ASEAN countries
(Brunei, Indonesia, Malaysia, Philippines, Singapore, Thailand and Vietnam) and stated its support
to the Commission's call for rebalancing the overall relationship with South-East Asia by offeringthe possibility of bilateral agreements with interested countries whilst confirming the strong EU
commitment to support the process of ASEAN integration.
Accordingly, the Commission is ready to start consultations with interested countries of the
region in view of the negotiation of bilateral Customs Cooperation Agreements, hoping that this willopen up to the other members of ASEAN. The cooperation should help custom authorities to
develop new instruments for the control of the trade flows and the fight against fraud and illegalactivities.
From a customs' point of view, the main objectives of the relation between EC and ASEAN are
to establish customs co-operation between the parties as well as to provide a legal basis for mutual administrative assistance.The mandate of the Council allows for the possibility to exchange information on customs
legislation, procedures, and control methods, exchange of officials, joint training exercises,
simplification, harmonisation and computerisation of procedures.Canada
On 4 March 2013 the EU and Canada agreed to cooperate more closely to ensure the security
of their supply chains. An agreement was signed, which builds on the existing customs cooperationagreement with Canada and extends it to include supply chain security and related riskmanagement matters.
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It will allow closer cooperation between the two parties, with a view to ensuring a high level
of security while facilitating legitimate trade between the EU and Canada. Cooperation will includework towards mutual recognition of risk management techniques, risk standards, security controls,
and trade partnership programmes (the EU Authorised Economic Operator (AEO) and Canada'sPartners in Protection (PIP)).
The agreement will be concluded after the ratification process in the EU and Canada, which isexpected to take place in the coming months, is completed.
Background
Cooperation between the European Union and Canada in the area of customs is based on the
agreement on customs cooperation and mutual assistance in customs matters that entered intoforce on 1 January 1998 (see Official Journal L 7 of 13/01/1998 , page 37).
The new agreement complements the customs cooperation agreement. It expands this
cooperation by covering supply chain security and risk management.
ChinaEU - China Customs cooperationIn 2004, the Agreement between the European Union and the Government of the People's
Republic of China on cooperation and mutual administrative assistance in customs matters wassigned in The Hague (seeOfficial Journal L375 of 23 December 2004, p.20). This agreement
provides for a framework for customs cooperation and mutual administrative assistance betweenthe EU and China and establishes the EU-ChinaJoint Customs Cooperation Committee (JCCC), which
oversees the proper functioning of the agreement.
The JCCC normally meets annually, alternately in the EU and in China. The 6th meeting tookplace on 25 June 2012 in Brussels.
The agreement provides for an effective communication and cooperation mechanism
between the customs authorities in the EU and China. It allows them to assist one another to ensurethe proper application of customs legislation and to prevent, investigate and combat any breaches.
For example, European officials may, under certain conditions, be present at enquiries intosmuggling activities carried out in China and vice versa.
On the basis of this agreement European and Chinese customs authorities work together in a
number of fields, such as the fight against counterfeits and piracy, supply chain security & trade
facilitation, and the prevention of diversion of drug precursors.
Promoting legitimate trade
In 2010 Commissioner emeta and Chinese Minister of Customs Sheng signed the StrategicFramework for Cooperation Enhancing EU-China Customs Cooperation to Promote LegitimateTrade.
The aim of this Framework is to increase coherence in the different fields of cooperation and
to bring them under a single management structure. It also determines clear priorities andobjectives for the period up until end of 2012. The main fields of cooperation are:
Combating counterfeit and piracyThe 2009 EU-China Action Plan on Intellectual Property Rights Customs Enforcement was
extended until the end of 2012 by Commissioner emeta and Chinese Customs Minister Sheng inthe margins of the 3rd EU-China High-Level Economic and Trade Dialogue (December 2010,Beijing.)
The Action Plan entails: exchange and analysis of information on seizures, trends and general risks creation of a network of ports and airports to target high-risk consignments better cooperation with other law enforcement authorities establishment of joint partnerships between business communities in China and the EU.
Supply-chain security and trade facilitation
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In 2006, the EU and China launched the Smart and Secure Trade Lanes (SSTL) pilot project to
strengthen end-to-end supply chain security based on multi-layered risk management.
Controls performed at export allow customs to better target dangerous traffic at thebeginning of the supply chain. Thus trade-facilitation benefits can be provided to legitimate trade.
The operational phase began in 2007 with the customs administrations of China, the
Netherlands and the United Kingdom exchanging electronic information on sea containers (see
press release ). This first phase involved the shipment of over 5,000 containers.
In 2011 the number of participating ports increased from 3 to 9. In the EU, the ports of
Antwerp, Genoa, Hamburg and Le Havre joined Felixstowe and Rotterdam. In China, Chongqing and
Shanghai joined Shenzhen. The scope broadened to cover non-Authorised Economic Operator
(AEO) companies, as well as transhipped and consolidated containers. (see press release ).
The EU and China are also working together towards the mutual recognition of each other's
Authorised Economic Operators (AEO) programmes. This would offer both sides benefits byfacilitating trade between certified trustworthy traders. It also enables customs authorities to focus
attention on high-risk traders.Drug precursors
Drug precursors are chemical substances frequently used to manufacture illicit drugs such asecstasy or amphetamines.
The 2009 EU-China Agreement on drug precursors (see page 8) and substances frequently
used in the illicit manufacture of narcotic drugs or psychotropic substances provides forcooperation in trade monitoring and mutual administrative assistance on drug precursors.
Hong KongEU Hong Kong Customs cooperationThe volume of trade between Hong Kong and the EU makes cooperation between their
customs authorities very important to the facilitation of legitimate trade flows and the preservationof supply chain security. On 13 May 1999, the then European Community and Hong Kong, China
signed an Agreement on Cooperation and Mutual Administrative Assistance in Customs Matters
(CCMAA). See Official Journal L 151/21 of 18 June 1999 for the text of the agreement.
The CCMAA, which entered into force on the 1 June 1999, was the territory's first bindingagreement on customs cooperation after the handover to the People's Republic of China in 1997.
What the CCMAA covers
It provides a legal framework to promote supply-chain security and trade facilitation It also aims to improve the fight against fraud Seeks to improve cooperation on the protection of intellectual property rights (IPR)The Joint Customs Cooperation Committee (JCCC), meeting every two years since 2002,
oversees the implementation of the CCMAA. Customs representatives and experts from the EU and
Hong Kong discuss practical ways of working together to best implement the agreement.
EU-Hong Kong JCCC meetingsLatest (9th) JCCC Hong Kong, 22 November 2012
Chaired by Antonis Kastrissianakis, Director, DG Taxation and Customs Union, European
Commission and David T. W. Fong, Assistant-Commissioner, Hong Kong Customs.
Issues discussed The EU shared experiences of its supply chain security policies, particularly the EU-China
Smart and Secure Trade Lanes (SSTL) Pilot Project, which is being prepared for phase III of the
project; further, its air cargo security action plan. The Parties exchanged information on their respective authorised economic operator (AEO)
programmes and Hong Kong explained its Intermodal Transhipment Facilitation Scheme.
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The EU stressed the importance it places on IPR enforcement and international cooperationtowards this end, updating Hong Kong on its IPR action plan with China. Hong Kong further briefedthe EU on its own holistic IPR enforcement strategy and the mechanisms in place for sharing
information with third parties. The meeting included a site visit to Antwerp Port, allowing the delegations a valuable
opportunity to see the practical experiences of private business and Belgium Customs in applyingthe SSTL pilot project to their customs procedures.
(8th) JCCC Hong Kong, 6 September 2010Chaired by Richard M F Yuen, Commissioner of Hong Kong Customs, and Walter Deffaa,
Director-General for Taxation and Customs Union at the European Commission.
Issues discussed
Supply chain security and trade facilitation the EU delegation presented the EU's supplychain security policy. This included international matters, particularly the EU-China Smart andSecure Trade Lanes (SSTL) Pilot Project, the first phase of which had been successfully completed.
The Hong Kong delegation also explained their own supply chain security developments, inparticular their implementation of an authorised economic operator (AEO) pilot project.
The EU promoted its efforts in the field of IPR enforcement, which included its IPR action
plan with China. Hong Kong also presented their own actions, highlighting their establishment of aspecial IPR task force.
The meeting included a site visit to the Kwai Chung Container Terminals, allowing thedelegations a valuable opportunity to see customs procedures in action.
Previous JCCC meetings:
7th JCCC Brussels, 30 January 20086th JCCC Hong Kong, 18 November 2005
Developments in Hong Kong
The current Commissioner of Hong Kong Customs and Excise is Mr Clement Cheung. MrCheung was appointed in September 2011.
Free Trade Agreement with EFTA
Hong Kong signed a comprehensive free trade agreement with the four members of the
European Free Trade Association (EFTA) in 2011, covering issues such as trade facilitation and IPR
enforcement.
See also:
World Customs Organisation
Hong-Kong CustomsSecurity cooperation between EU and non-EU countries
European External Action Service - Hong Kong
DG Trade Hong Kong statistics
EU Commissioner emeta's 2010 Hong Kong visit
IndiaAn agreement with India on customs co-operation and mutual administrative assistance in
customs matters was signed in Brussels on 28 April 2004 .
The priority areas are:
simplification of customs procedures including exchanges on the difficulties encountered bythe economic operators and
sharing experience and expertise to develop procedures and modern control methodscompatible with international standards and with the party's concerns.
In this context, the role of the customs within the framework of the fight against piracy and
counterfeiting and to facilitate trade is a priority for the EU. Another area of focus is the discussions
on the respective approaches of India and the Community to reconcile the facilitation of trade andthe security of the international logistical chain to face terrorism threats.
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Finally, the agreement puts into operation a mutual administrative assistance mechanism
that covers information regarding activities detected or planned which are or could be operationsin breach of customs legislation. This includes information regarding activities that may result in
offences within the territory of the other Party, such as incorrect customs valuation, classificationor declarations and certificates of origin, invoices, or other documents known to be, or suspected of
being, incorrect or falsified.The Commission has negotiated the agreement with India on behalf of the European
Community on the basis of the mandate it received from the EU's Council of Ministers on 28 January
2003 . The agreement, which is very close to other agreements concluded by the EC with its major
trading partners, has been published in the Official Journal L 304 of 30 September 2004. The firstmeeting of the Indian Joint Customs Co-operation Committee took place on 22 and 23 March in New
Delhi and the second meeting took place on 4 December 2006 in Chenna.
Japan
Given the importance of trade between the EU and Japan, it is vital that their customsauthorities work together to facilitate legitimate trade flows and increase the efficiency of controls.On 30 January 2008, the then European Community and the Government of Japan signed an
Agreement on Cooperation and Mutual Administrative Assistance in Customs Matters (CCMAA) Seeon pages 23-24. The CCMAA, which entered into force on 1 February 2008, provides a legal
framework to promote security of the supply chain andfacilitate trade for reliable traders. It alsoaims to improve the fight against fraud and to enhance cooperation on the protection of intellectual
property rights (IPR). To oversee implementation of the CCMAA, a Joint Customs CooperationCommittee (JCCC) meets once a year. These meetings bring together customs representatives and
experts from both the EU and Japan to discuss practical ways of working together to bestimplement the agreement.
Latest news:
5th EC-Japan Joint Customs Cooperation Committee (JCCC)
Brussels, 27 June 2012 (press release) (86 Kb)
The 5th JCCC was co-chaired by Director-General Heinz Zourek, head of the European
Commissions Directorate-General for Taxation and Customs Union, and Director-General AtsuoShibota, head of the Customs and Tariff Bureau at Japans Ministry of Finance.
Discussions were wide-ranging and constructive, reflecting the close cooperation betweenthe EU and Japan on customs matters.
Delegations appraised the implementation of mutual recognition of Advanced Economic
Operators, first implemented in May 2011, which helps to enhance supply chain security and
facilitate trade.The good EU-Japan cooperation in the field of border enforcement of intellectual property
rights, to enhance the protection of EU and Japanese citizens from counterfeit goods, was among
the other issues discussed, as was the continuing work on risk management.
Mutual recognition of authorised economic operators
Following the signature of the decision on the mutual recognition of AEOs between the EUand Japan on 24 June 2010 (Signature of the mutual recognition of AEOs ), the implementation of
the mutual recognition of authorised economic operators (AEOs) started on 24 May 2011. Since
then, both EU and Japanese AEOs have enjoyed trade facilitation benefits in the partner countries(see AEO communiqu ). This was preceded by the adoption of the 'specific adequacy decision '
by the European Commission on Japanese data protection on 29 March 2011, which made the dataexchange possible.
Previous developments:
4th EC-Japan Joint Customs Cooperation Committee (JCCC) (40 Kb) - See also the press
releaseSignature of the mutual recognition of AEOs, 2010 (149 Kb)3rd EC-Japan Joint Customs Cooperation Committee (JCCC), 2010 (12 Kb)
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2nd EC-Japan Joint Customs Cooperation Committee (JCCC), 2009 (112 Kb)
1st EC-Japan Joint Customs Cooperation Committee (JCCC), 2008 (38 Kb)
Useful links:
World Customs OrganisationJapan Customs
Taxation and Customs Union Directorate-General Security cooperation with thirdcountries
EEAS JapanKorea
Based on a Recommendation of the Commission for a Council Decision concerning the
negotiation of customs cooperation agreements with the Community's main trading partners of 14
October 1992 (SEC (92)1857 final), the Council decided on 5 April 1993 to authorise theCommission to start negotiations with our main trading partners, including Korea.
After four years of negotiation Korea was the first country in Asia to conclude a customs
cooperation agreement with the European Community. The agreement was signed on 10 April1997 (Official Journal L 121, p. 14 of 13.05.1997).
The discussions during the EC-Korea Joint Customs Co-operation Committee meetings focuson
customs related trade barriers, the enforcement of intellectual property rights and possibilities for establishing an
exchange of officials,
border measures for IPR protection, policy coordination in international organisations or projects for the exchange of personnel and common training.United States of AmericaThe European Community and the United States concluded in 1997 an agreement on customs
co-operation and mutual assistance in customs matters.The agreement provides the framework for customs co-operation and establishes the EC-US
Joint Customs Co-operation Committee (JCCC). The Joint Committee can adopt decisions and
recommendations to strengthen co-operation or to strive for the solution of problems encountered
in the application of customs rules to transatlantic trade.
On 22 April 2004, the European Community and the United States expanded the scope of the1997 co-operation agreement by concluding an agreement (22 Kb) to include transport security
co-operation, and in particular co-operation as regards the US Container Security Initiative (CSI)
within the scope of the EU/US customs co-operation and relations (see IP/04/525 ). The Council
Decision related to the above-mentioned agreement has been published in the Official Journal L 304of 30 September 2004.
Bilaterally the work is carried out in the Joint Customs Cooperation Committee and an expert
group. Our aim is achieving equivalence between the EU Authorised Economic Operator provisions
and the U.S. Customs-Trade Partnership against Terrorism. EU and U.S. customs authorities areworking on simultaneous risk analysis on identical data to facilitate exchange of information
between customs administrations on the results of risk analysis, and to promote co-operation onenforcement and prevention of incidents. As part of container security co-operation, minimum
requirements and control standards for feeder ports have been agreed and are currently being
implemented.Counterfeiting is a growing problem affecting the competitiveness and innovation of business
on both side of the Atlantic. The EU-US Joint Customs Co-operation Agreement is an essential tool inthe fight against counterfeit and piracy. There is close cooperation between theEuropean
Commission's Taxation and Customs Union Directorate General and the United States' CBP inenforcement of anti-counterfeiting. The customs enforcement forms an integral part of the EU-US
Action Strategy for the Enforcement of Intellectual Property Rights which was endorsed by the EU-
US Summit of 21 June 2006. This strategy aims at promoting strong and effective enforcement inthird countries, strengthening co-operation to reduce global piracy and counterfeiting, andfostering public private partnerships to protect intellectual property.
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Joint operation INFRASTRUCTURE, targeting counterfeit semiconductors (integrated circuits)
and computer networking equipment implemented the "joint IPR border enforcement action"portion of the strategy as agreed to by the EU and US. These products were selected for the joint
operation because they present safety and security risks in addition to IPR infringement risk.Operation INFRASTRUCTURE resulted in the seizure of over 360,000 counterfeit integrated circuits
bearing over 40 different trademarks. It was the first Intellectual property Rights (IPR)enforcement operation undertaken by the European Union and the United States' Customs and
Border Protection. For more information see the press release (68 Kb) .
Bilateral agreements between Member States and the United States
Many Member States have had concluded agreements on customs co-operation and mutualassistance with the United States before the 1997 agreement between the European Community
and the United States has been concluded. The 1997 agreement provides therefore for the
possibility to maintain these bilateral agreements as long as they are not in contradiction with
Community competencies and the 1997 agreement. Insofar as existing bilateral agreements wereincompatible with the 1997 agreement, the latter took precedence over these provisions.
The agreement expanding the 1997 agreement that entered into force on 22 April 2004
establishes a consultation procedure in respect of further bilateral arrangements and agreements,Member States will conclude with the United States as regards the inclusion of Community ports in
the US Container Security Initiative. This is necessary as the Community agreement cannot addressissues like the stationing of US Customs Officials in individual Community ports. The arrangements
have in any case to be in conformity with the Treaty establishing the European Community and theexpanded agreement. The purpose of the consultations between Member States and the
Commission in respect of bilateral arrangements and agreements is the facilitation of the exchangeof information and consistency with the Community approach. It shall ensure that any arrangement
is consistent with the Treaty and with Community policies, in particular the common framework ofcooperation with the USA as set out in the expanded agreement. The consultation procedure is
obviously without prejudice to the respective competencies of Member States and Community.