Agreement between the European Community and the United States of America on intensifying and broadening the Agreement on customs cooperation and mutual assistance in customs matters to include cooperation on container security and related matters


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22004A0930(02)
 
Agreement between the European Community and the United States of
America on intensifying and broadening the Agreement on customs
cooperation and mutual assistance in customs matters to include
cooperation on container security and related matters
 
Official Journal L 304 , 30/09/2004 P. 0034 - 0037 
 
Dates:
of document:   28/04/2004; DATSIG
of effect:   28/04/2004; Entry into force Date of signing See
Art 7
of signature:   28/04/2004; Brussels
end of validity:   99/99/9999
 
Author:
European Community ; United States of America
 
Subject matter: External relations ; Cooperation ; Commercial policy
Directory code: 11404000 ; 02700000
EUROVOC descriptor: EC cooperation agreement ; United States ;
customs cooperation ; container ; transport safety
 
Legal basis:
102E133................... Adoption
102E300-P2FR1............. Adoption
Subsequent related instruments:
Adopted by.... 304D0634..........
 
 
 
 
Agreement between the European Community and the United States of
America on intensifying and broadening the Agreement on customs
cooperation and mutual assistance in customs matters to include
cooperation on container security and related matters
 
THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA,
Having regard to the provisions of the Agreement between the
European Community and the United States of America on customs
cooperation and mutual assistance in customs matters, which was
signed 28 May 1997 , hereafter called ėthe CMAA» ,
Whereas:
(1) Acknowledging that US Customs and Border Protection is, as of 1
March 2003 , the successor to the United States Customs Service
under the CMAA.
 
(2) Recalling that the Contracting Parties may by mutual consent
decide to expand areas of cooperation under the CMAA pursuant to
Article 3.
 
(3) Recalling that, under Article 22 of the CMAA, the JCCC consists
of representatives of the Customs Authorities of the Contracting
Parties, which in the European Community are the competent services
of the Commission of the European Communities assisted by the
customs authorities of the Member States of the European Community
and in the United States of America is the US Customs and Border
Protection, Department of Homeland Security.
 
(4) Recognising that the Joint Customs Cooperation Committee (JCCC)
was established under Article 22 of the CMAA.
 
(5) Acknowledging the long-standing, close and productive relations
between the Customs Authorities of the United States of America and
of the European Community.
 
(6) Being convinced that this cooperation can be further improved
by, among other things, intensifying the exchange of relevant
information and best practices among the US Customs and Border
Protection, the European Commission and the customs authorities of
Member States of the European Community in order to ensure that
general customs controls of international trade take due account of
security concerns.
 
(7) Acknowledging the importance of extending this cooperation to
all modes of international transport and all kinds of goods,
initially putting priority on sea-container transport.
 
(8) Recognising the high volume of two-way sea-container and other
modes of trade between the European Community and the United States
of America, and the important role of both the European Community
and the United States of America as transport hubs for containers
coming from many countries.
 
(9) Recognising that global sea containers are imported into,
transhipped through, or transiting the United States of America and
the European Community.
 
(10) Being convinced that there is a need to deter, prevent, and
interdict any terrorist attempts to disrupt global trade by
concealing terrorist weapons in global sea-container trade or other
shipments, or by using such shipments as weapons.
 
(11) Being convinced of the need to increase security for the
European Community and the United States of America and at the same
time facilitate legitimate trade.
 
(12) Noting the importance of developing, to the extent practicable,
reciprocal systems for securing and facilitating legitimate trade
with due regard to threat assessments.
 
(13) Recognising that substantially greater security of legitimate
trade can be achieved through a system where the customs authority
of the importing country works collaboratively with customs
authorities involved in earlier parts of the supply chain to use
timely information and inspection technology to target and screen
high-risk containers before they are shipped from their ports or
places of loading or transhipment.
 
(14) Supporting the objectives of the Container Security Initiative
(CSI), which is designed to safeguard global maritime trade by
enhancing cooperation at seaports world wide in order to identify
and examine high-risk containers and ensure their in-transit
integrity.
 
(15) Recalling Article 5 of the CMAA that determines the
relationship between that Agreement and any bilateral agreement on
cooperation and mutual assistance in customs matters that have been
or may be concluded between individual Member States of the European
Community and the United States of America.
 
(16) Recognising that expansion of CSI should occur as quickly as
possible for all ports within the European Community where the
exchange of sea-container traffic with the United States of America
is more than de minimis and where certain minimum requirements are
met and where adequate inspection technology exists,
 
HAVE AGREED ON THE FOLLOWING:
Article 1
To intensify and broaden customs cooperation under the CMAA to
improve the security of sea-container and other shipments from all
locations that are imported into, transhipped through, or transiting
the European Community and the United States of America.
Article 2
To take due account of Article 5 of the CMAA, which determines the
relations between the CMAA and any bilateral agreement on
cooperation and mutual assistance in customs matters between Member
States of the European Community and the United States of America,
and any CSI declarations of principles that complement such
bilateral agreements
Article 3
That the objectives of the intensified and broadened cooperation
include, but are not limited to:
1. supporting the prompt and successful expansion of the CSI to all
ports in the European Community that meet relevant requirements, and
promoting comparable standards in the relevant US ports;
2. working together to reinforce the customs related aspects for
securing the logistics chain of international trade and, in
particular, as a first priority to enhance the identification and
security screening of all high-risk sea-container shipments;
3. establishing minimum standards, to the greatest extent
practicable, for risk-management techniques and related requirements
and programs; and
4. coordinating positions, to the greatest extent practicable, in
any multilateral fora where issues related to container security may
be appropriately raised and discussed.
 
Article 4
To consider in the JCCC the appropriate form and content of
documents and/or measures further implementing the intensified and
broadened customs cooperation under this Agreement.
Article 5
To form a Working Group, comprised of representatives of US Customs
and Border Protection and of the European Commission assisted by
interested Member States in order to examine and make
recommendations to the JCCC on issues including, but not limited to
those identified in the Annex.
Article 6
That the Working Group is to report on a regular basis to the
Commissioner of US Customs and Border Protection and the
Director-General of the Taxation and Customs Union Directorate
General of the European Commission and annually to the JCCC on the
progress of its work.
Article 7
This Agreement shall enter into force upon signature by the Parties
which shall have the effect of expressing their consent to be bound.
If the Agreement is not signed the same day on behalf of both
Parties, the Agreement shall enter into force on the day on which
the second signature is affixed.
Hecho en Bruselas, el veintiocho de abril de dos mil cuatro.
Udfördiget i Bruxelles den otteogtyvende april to tusind og fire.
Geschehen zu BrŽssel am achtundzwanzigsten April zweitausendundvier.
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Done at Brussels on the twenty-eighth day of April in the year two
thousand and four.
Fait š Bruxelles, le vingt-huit avril deux mille quatre.
Fatto a Bruxelles, addü ventotto aprile duemilaquattro.
Gedaan te Brussel, de achtentwintigste april tweeduizendvier.
Feito em Bruxelas, em vinte e oito de Abril de dois mil e quatro.
Tehty Brysselissō kahdentenakymmenentenōkahdeksantena pōivōnō
huhtikuuta vuonna kaksituhattaneljō.
Som skedde i Bryssel den tjugoõttonde april tjugohundrafyra.
FOR THE EUROPEAN COMMUNITY
 
>REFERENCE TO A GRAPHIC>
 
FOR THE UNITED STATES OF AMERICA
 
>REFERENCE TO A GRAPHIC>
 
ANNEX
Annex to the Agreement between the European Community and the United
States of America on intensifying and broadening the CMAA to include
cooperation on container security and related matters
 
The Working Group created under paragraph 5 of the Agreement between
the European Community and the United States of America on
intensifying and broadening the CMAA to include cooperation on
Container Security and related matters shall examine and make
recommendations on issues including, but not limited to, the
following areas of cooperation between US Customs and Border
Protection and Customs authorities in the European Community with a
view to ensuring that general customs controls of international
trade take due account of security concerns:
(a) defining minimum standards, in particular in view of
participating in CSI, and recommending methods by which those
standards may be met;
(b) identifying and broadening the application of best practices
concerning security controls of international trade, especially
those developed under CSI;
(c) defining and establishing standards to the greatest extent
practicable for the information required to identify high-risk
shipments imported into, transhipped through, or transiting the
United States of America and the European Community;
(d) improving and establishing standards to the greatest extent
practicable for targeting and screening such high-risk shipments, to
include information exchange, the use of automated targeting
systems, and the development of minimum standards for inspection
technologies and screening methodologies;
(e) improving and establishing standards to the greatest extent
practicable for industry partnership-programs designed to improve
supply chain security and facilitate the movement of legitimate
trade;
(f) identifying any regulatory or legislative changes that would be
necessary to implement the recommendations of the Working Group; and
(g) considering the type of documents and measures further
implementing the intensified and broadened customs cooperation on
the issues set out in this Annex.