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Law Approving The Following International Acts:

Original Language Title: Loi portant assentiment aux Actes internationaux suivants :

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7 JULY 2005. - An Act to Enact the following International Acts:



1° Convention established on the basis of Article K.3 of the Treaty on the European Union on the Use of Computer Science in the Field of Customs, made in Brussels on 26 July 1995;
2° Agreement concerning the provisional application between certain Member States of the European Union of the Convention established on the basis of Article K.3 of the Treaty on the European Union on the Use of Informatics in the Field of Customs, done in Brussels on 26 July 1995;
3° Protocol established on the basis of Article K.3 of the Treaty on the European Union, concerning the pre-judicial interpretation by the Court of Justice of the European Communities of the Convention on the Use of Informatics in the Field of Customs, and the Declaration, made in Brussels on 29 November 1996;
4° Protocol established on the basis of Article K.3 of the Treaty on the European Union, concerning the scope of application of the laundering of income in the Convention on the Use of Computer Science in the Field of Customs and the inclusion of the registration number of the means of transport in the Convention, and the Declarations, made in Brussels on 12 March 1999 (1)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constution.
Art. 2. The Convention established on the basis of Article K.3 of the Treaty on the European Union, on the use of computer science in the field of customs, made in Brussels on 26 July 1995, will come out its full and full effect.
Art. 3. The Agreement on the Provisional Application between Certain Member States of the European Union of the Convention established on the basis of Article K.3 of the Treaty on the European Union on the Use of Computer Science in the Field of Customs, done in Brussels on 26 July 1995, will come out its full and complete effect.
Art. 4. The Protocol established on the basis of Article K.3 of the Treaty on the European Union, concerning the pre-judicial interpretation by the Court of Justice of the European Communities of the Convention on the Use of Informatics in the Field of Customs, and the Declaration, made in Brussels on 29 November 1996, will come out their full and full effect.
Art. 5. The Protocol established on the basis of Article K.3 of the Treaty on the European Union, on the scope of the application of the laundering of income in the Convention on the Use of Computer Science in the Field of Customs and the inclusion of the registration number of the means of transport in the Convention, and the Declarations, made in Brussels on 12 March 1999, shall have full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 7 July 2005.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of Justice,
Ms. L. ONKELINX
Minister of Finance,
D. REYNDERS
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005.
Senate.
Documents. - Bill tabled on 16 February 2005, nr. 3-1030/1. - Report, number 3-1030/2.
Annales parliamentarians. - Discussion, meeting of April 21, 2005. - Vote, meeting of 21 April 2005.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-1725/1. - Text adopted in plenary and subject to Royal Assent, No. 51-1725/2.
Annales parliamentarians. - Discussion, meeting of May 26, 2005. - Vote, meeting of 26 May 2005.

Convention established on the basis of Article K.3 of the Treaty on the European Union, on the use of computing in the field of Customs
The High Contracting Parties to this Convention, Member States of the European Union,
Referring to the act of the Council of the European Union of 26 July 1995;
Recalling the commitments contained in the Convention for Mutual Assistance between Customs Authorities, signed in Rome on 7 September 1967;
Considering that customs administrations are jointly responsible with other competent authorities, at the external borders of the Community and within the Community territory, to prevent, investigate and prosecute offences not only against community standards, but also national laws, including those covered by articles 36 and 223 of the Treaty establishing the European Community;
Considering that the increase in illicit trafficking in all kinds constitutes a serious threat to public health, morality and security;
Convinced that it is necessary to strengthen collaboration between customs administrations by establishing procedures that will allow customs administrations to act jointly and exchange data of a personal or other nature, related to illicit traffic, using the new technologies for the management and transmission of such information, subject to the provisions of the Council of Europe Convention for the Protection of Persons in Strasbourg with regard to the automated processing of personal data, made on 28 January 1981
Taking into account the fact that customs administrations have to implement both the Community and non-Community provisions on a daily basis, and that, therefore, it must be clearly ensured that the provisions on mutual assistance and administrative cooperation in both sectors evolve concurrently, to the extent possible,
have agreed on the following provisions:
PART Ier. - DEFINITIONS
Article 1er
For the purposes of this Convention,:
1. "national laws": the legislative or regulatory provisions of a Member State, the application of which is in whole or in part within the competence of the customs administration of that Member State with respect to:
- the movement of goods subject to prohibition, restriction or control measures, including those referred to in articles 36 and 223 of the Treaty establishing the European Community,
- the transfer, conversion, concealment or disguise of the nature of goods or products derived or obtained directly or indirectly or used in the context of international illicit drug trafficking;
2. "personal data": any information pertaining to an identified or identifiable person;
3. "Member State supplier": the State that introduces data into the Customs information system.
PART II. - FULLING OF A DATA INFORMATION SYSTEM
Article 2
1. The customs administrations of the Member States create and maintain a common automated information system that meets the needs of Customs, as described below as the Customs Information System.
2. The objective of the Customs Information System, in accordance with the provisions of this Convention, is to help prevent, investigate and prosecute serious offences under national laws by strengthening, through a faster dissemination of information, the effectiveness of the procedures for cooperation and control of the customs administrations of the Member States.
PART III. - FUNCTIONING AND USE OF THE DATA INFORMATION SYSTEM
Article 3
1. The Customs information system consists of a central database accessible from terminals in each of the Member States. It includes exclusively the data, including personal data, required for the purpose of achieving its objective, as referred to in section 2 (2), grouped in the following categories:
(i) goods,
(ii) means of transport,
(iii) Enterprises,
(iv) persons,
(v) trends in fraud,
(vi) skills available.
2. The Commission provides technical management of the infrastructure of the Customs Information System in accordance with the rules set out in the provisions of application adopted within the Commission.
The Board reports on management to the committee referred to in section 16.
3. The Commission shall communicate to the committee the practical modalities adopted for technical management.
Article 4
The Member States decide on the elements to be included in the Customs information system corresponding to each of the categories (i) to (vi) of Article 3, to the extent that this action is necessary to achieve the objective of the system. Personal data shall in no case be included in categories (v) and (vi) of Article 3. The personal information in the system is limited to:
(i) name, maiden name, first name and surname,
(ii) date and place of birth,
(iii) nationality,
(iv) sex,
(v) all actual and permanent special signs,
(vi) motive for the introduction of data,
(vii) suggested action,
(viii) warning code that the person has already carried a weapon, used violence or escaped the authorities.
In no case are the personal data referred to in Article 6 first sentence of the Council of Europe Convention for the Automated Protection of Personal Data, made in Strasbourg on 28 January 1981, below referred to as the "Schartbourg Convention of 1981" not included.
Article 5
1. Data belonging to categories (i) to (iv) of Article 3 are inserted into the Customs information system only for the purpose of observation and reporting, discreet monitoring or specific controls.
2. For the purposes of the suggested actions referred to in paragraph 1, personal data entering categories (i) to (iv) of section 3 may only be inserted into the Customs information system, if primarily on the basis of pre-illegal activities, real evidence suggests that the person in question has committed or is in the process of committing or committing serious violations of national laws.
Article 6
1. If the suggested actions referred to in Article 5 paragraph 1 are implemented, the following information may, in whole or in part, be collected and communicated to the supplier Member State:
(i) the location of the goods, means of transport, the company or the person in question;
(ii) the place, time and reason for control;
(iii) the route followed and the destination of the trip;
(iv) persons accompanying the individual or occupants of the means of transport used;
(v) means of transport used;
(vi) objects transported;
(vii) the conditions under which the goods, means of transport, enterprise or person were discovered.
In the event that this type of information is collected during a discreet monitoring operation, steps should be taken to ensure that the secret nature of surveillance is not compromised.
2. As part of the specific controls referred to in Article 5 (1), persons, means of transport and objects may be searched within the limits of what is permitted and in accordance with the laws, regulations and procedures of the Member State in which the search takes place. If the specific controls are not authorized by the legislation of a Member State, they are automatically transformed into observation and reported by the said Member State.
Article 7
1. Direct access to Customs information system data is reserved exclusively to national authorities designated by each Member State. These national authorities are customs administrations, but may also include other authorized authorities, in accordance with the laws, regulations and procedures of the Member State in question, to act to achieve the objective referred to in Article 2 paragraph 2.
2. Each Member State shall send to each of the other Member States and to the committee referred to in Article 16 a list of the competent authorities designated in accordance with paragraph 1, which are authorized to access directly the data of the Customs information system by specifying, for each authority, what data it may have access and for what purposes.
3. By derogation from paragraphs 1 and 2, Member States may, following a unanimous agreement, allow international or regional organizations to access the Customs information system. Such agreement shall be in the form of a protocol to this Convention. To make their decision, the Member States shall take into account any existing bilateral arrangement as well as any opinion of the common control authority referred to in Article 18 regarding the adequacy of data protection measures.
Article 8
1. Member States may only use the data from the Customs information system to achieve the objective referred to in Article 2 paragraph 2, but may, however, use it for administrative or other purposes with prior authorization and subject to the conditions imposed by the Member State that has introduced them into the system. Such other use must be consistent with the laws, regulations and procedures of the Member State seeking to use it and should take into account principle 5.5 of recommendation R (87) 15, of 17 September 1987, of the Committee of Ministers of the Council of Europe.
2. Without prejudice to paragraphs 1 and 4 of this article and Article 7 paragraph 3, data from the Customs information system may only be used by national authorities in each Member State designated by the Member State in question, which is competent to act in order to achieve the objective referred to in Article 2 paragraph 2, in accordance with the laws, regulations and procedures of that Member State.
3. Each Member State shall send to each of the other Member States and to the committee referred to in Article 16 a list of the competent authorities that it has designated in accordance with paragraph 2.
4. Data from the Customs information system may, with the prior authorization of the Member State that has introduced them into the system and subject to the conditions it has imposed, be communicated to national authorities other than those designated in accordance with paragraph 2, to third countries and to international or regional organizations wishing to use it. Each Member State shall take special measures to ensure the security of such data when transmitted or provided to services located outside its own territory. Details of these measures must be forwarded to the common control authority referred to in section 18.
Article 9
1. The introduction of data into the Customs information system is subject to the laws, regulations and procedures of the Member State which provides them, unless this Convention provides for stricter provisions.
2. The use of data from the Customs information system, including the completion of any action referred to in Article 5 and suggested by the Member State that has provided the data, is subject to the laws, regulations and procedures of the Member State which uses this data, unless the present Convention provides more stringent provisions.
Article 10
1. Each of the Member States shall designate a competent customs administration nationally responsible for the Customs information system.
2. This administration is responsible for the proper functioning of the Customs information system in the territory of the Member State and takes the necessary steps to ensure compliance with the provisions of this Convention.
3. The Member States shall communicate the name of the competent authority referred to in paragraph 1.
PART IV. - MODIFICATION OF RELATED
Article 11
1. Only the supplier Member State has the right to modify, complete, correct or delete the data it has entered into the Customs information system.
2. If a supplier Member State notices or learns that the data it has introduced is in fact inaccurate or that they have been introduced or that they are retained contrary to this Convention, it amends, completes, corrects or deletes such data as is appropriate, and advises other Member States.
3. If one of the Member States has evidence suggesting that an element of the data is in fact inaccurate or has been introduced or is retained in the Customs information system contrary to this Convention, it shall notify the supplier Member State as soon as possible. The latter checks the data in question and, if necessary, corrects or deletes the item in question without delay. The Member State shall notify the other Member States of any correction or deletion that it has made.
4. If, at the time of introducing data into the Customs information system, a Member State notes that its report contradicts a previous report at the level of the facts or action required, it shall immediately notify the Member State that made the previous report. The two Member States then endeavour to resolve the matter. In the event of disagreement, the first report is retained, but the elements of the new report that do not contradict the first report are inserted into the system.
5. Subject to this Convention, when, in a Member State, a court or other competent authority under that Member State, takes the final decision to amend, supplement, correct or delete data in the Customs information system, the Member States shall mutually undertake to implement this decision. In the event of a conflict between such decisions of the courts or other competent authorities, including the decisions referred to in article 15, paragraph 4, concerning correction or deletion, the Member State that has introduced the data in question shall delete such data in the system.
PART V. - CONSERVATION OF RELATED
Article 12
1. The data introduced in the Customs information system is kept only the time required to achieve the objective that motivated their insertion. The need to keep them is considered, at least once a year, by the Member State supplier.
2. The supplier Member State may, during the review period, decide to keep this data until the next review, if it is necessary to achieve the objectives that motivated their insertion. Without prejudice to section 15, if the decision to retain such data is not taken, they are automatically transferred to the part of the Customs information system to which is restricted in accordance with paragraph 4.
3. When a transfer of data in the Customs information system is provided in accordance with paragraph 2, the Customs information system automatically informs the supplier member State one month in advance.
4. The data transferred pursuant to paragraph 2 shall continue for a year to be retained in the Customs Information System, but without prejudice to section 15, they shall be available only to a representative of the committee referred to in section 16 or to the supervisory authorities referred to in section 17 (1) and section 18 (1). During this period, they can only be consulted to verify their accuracy and legality, then they must be erased.
PART VI. - PROTECTION OF PERSONAL CARACTER DATA
Article 13
1. Each Member State that intends to receive personal data or introduce it into the Customs Information System, shall, at the latest, adopt at the time of the entry into force of this Convention, national legislation to provide a level of protection of personal data at least equal to that resulting from the principles of the Strasbourg Convention of 1981.
2. A Member State may receive or introduce personal data from the Customs information system where the provisions for the protection of such data referred to in paragraph 1 have entered into force in the territory of that Member State. The Member State shall also first designate one or more national control authorities in accordance with Article 17.
3. In order to ensure the proper application of the provisions relating to the protection of personal data of this Convention, the Customs information system is considered in each Member State as a national file submitted to the national provisions referred to in paragraph 1 and to all other stricter provisions provided for in this Convention.
Article 14
1. Subject to Article 8(1), each Member State shall ensure that the use of personal data from the Customs information system for purposes other than the purpose referred to in Article 2(2) is contrary to its laws, regulations and procedures.
2. Data may only be reproduced for technical reasons, provided that such a copy is necessary for the search for information by the authorities referred to in Article 7. Subject to Article 8 (1), personal data submitted by other Member States may not be copied from the Customs information system in other national data files.
Article 15
1. The rights of persons, with respect to personal data contained in the Customs information system, including their right of access, are exercised in accordance with the laws, regulations and procedures of the Member State in which they assert these rights.
If the laws, regulations and procedures of the Member State in question provide for this, the national control authority referred to in Article 17 shall decide whether the information shall be communicated and according to which procedure.
A Member State that would not have provided the relevant data will only be able to communicate data if, in advance, it has left the supplier Member State the opportunity to take a position.
2. A Member State, to which a request for access to personal data is submitted, refuses access if it may affect the implementation of the action specified in the report referred to in Article 5 (1) or to ensure the protection of the rights and freedoms of others. Access is denied in all cases during the discreet or reporting period.
3. In each Member State, any person may, in accordance with the laws, regulations and procedures of the Member State in question, require that the data be corrected or erased in a personal manner in respect of it if the data is incorrect in fact or if they have been placed or are kept in the Customs information system contrary to the objective referred to in Article 2 paragraph 2 of this Convention or Article 5 of the Strasbourg Convention of 1981.
4. In the territory of each Member State, any person may, in accordance with the laws, regulations and procedures of the Member State concerned, bring an action or, where appropriate, file a complaint with the courts or competent authority in accordance with the laws, regulations and procedures of that Member State with respect to personal data in the Customs information system concerning it, in order to:
(i) correct or delete personal data that are incorrect;
(ii) correct or delete personal data introduced or retained in the Customs information system contrary to this Convention;
(iii) Access to personal data;
(iv) obtain damages in accordance with Article 21 paragraph 2.
The Member States concerned undertake each other to implement the final decisions of the courts or other competent authorities in accordance with points (i), (ii) and (iii).
5. The reference in this article and article 11 paragraph 5 of a "final decision" does not imply in any case that the Member State is required to appeal the decision taken by a court or another competent authority.
PART VII. - INSTITUTIONAL FRAMEWORK
Article 16
1. A committee, composed of representatives of the customs administrations of the Member States, is established. The Committee shall make its decisions unanimously, with respect to the provisions of paragraph 2 first dash, and by a two-thirds majority in respect of the provisions of paragraph 2 second dash. He unanimously stops his rules of procedure.
2. The committee is responsible:
- the implementation and effective implementation of the provisions of this Convention, without prejudice to the powers of the authorities referred to in Article 17 (1) and Article 18 (1)
- the proper functioning of the Customs information system with regard to technical and operational aspects. It shall take all necessary measures to ensure the proper implementation of the measures set out in sections 12 and 19 with respect to the Customs information system. For the purposes of this paragraph, it may have direct access to and use of data in the Customs information system.
3. The committee shall report annually to the Council, in accordance with Title VI of the Treaty on the European Union, with regard to the effectiveness and proper functioning of the Customs information system, making recommendations as appropriate.
4. The Commission is associated with the work of the committee.
PART VIII. - CONTROL OF THE PROTECTION OF PERSONAL FEATURES
Article 17
1. Each Member State shall designate one or more national control authorities responsible for the protection of personal data so that they independently control data of this type introduced into the Customs information system.
The supervisory authorities must, in accordance with their respective national legislation, conduct independent monitoring and control to ensure that the processing and operation of the data contained in the Customs information system does not violate the rights of the persons concerned. To this end, the control authorities have access to the Customs information system.
2. Any person may request any national control authority to verify in the Customs information system the personal data that concern it and the use of it or has been done. This right is governed by the laws, regulations and procedures of the Member State in which the application is made. If this data has been introduced by another Member State, the verification shall be carried out in close cooperation with the national control authority of that other Member State.
Article 18
1. A common control authority is established. It consists of two representatives of each Member State from independent national authority or authorities of control of each of these States.
2. The common control authority shall perform its functions in accordance with this Convention and the 1981 Strasbourg Convention, taking into account Recommendation R (87) 15, of 17 September 1987, of the Committee of Ministers of the Council of Europe.
3. The common control authority is competent to monitor the operation of the Customs information system, to examine all difficulties of application or interpretation that may arise during the operation of the system, to study problems that may arise during the exercise of independent control by the national control authorities of the Member States or during the exercise of the rights of access to the system of which individuals may rely, as well as to define common proposals to find solutions.
4. For the exercise of its responsibilities, the common control authority has access to the Customs information system.
5. The reports prepared by the joint control authority are transmitted to the authorities to which the national control authorities submit their reports.
PART IX. - SECURITE DU SYSTEME D'INFORMATION DES DOUANES
Article 19
1. All necessary administrative measures for the maintenance of security are taken by:
(i) the competent authorities of the Member States with regard to the terminals of the Customs Information System located in their respective States;
(ii) the committee referred to in section 16 with respect to the Customs information system and terminals located in the same premises as the Customs information system and used for technical reasons and for the controls referred to in paragraph 3.
2. The competent authorities and the committee referred to in Article 16 shall, inter alia, take measures to:
(i) prevent any unauthorized person from having access to facilities used for data processing;
(ii) prevent data and data carriers from being read, copied, modified or erased by unauthorized persons;
(iii) prevent unauthorized insertion of data and any unauthorized consultation, modification or deletion of data;
(iv) prevent any unauthorized person from accessing data from the Customs information system through data transmission equipment;
(v) ensure that, with respect to the use of the Customs information system, authorized persons can only access data within their jurisdiction;
(vi) Ensure that it is possible to control and establish to which authorities the data can be communicated by means of data transmission equipment;
(vii) ensure that it is possible to control and establish a posteriori what data has been introduced into the Customs information system, at what time and by whom, and to control the interrogation;
(viii) prevent unauthorized reading, copy, modification or deletion of data during data transmission and data carriers.
3. The committee referred to in section 16 controls the interrogation of the Customs information system in order to verify that the research was permitted and was conducted by authorized users. At least 1% of all questions are subject to controls. A survey of these questions and controls is introduced into the system and is used only for such audits conducted by the committee referred to in section 16 and by the supervisory authorities referred to in sections 17 and 18. He's erased after six months.
Rule 20
The competent customs administration referred to in Article 10 paragraph 1 of this Convention shall be responsible for the security measures referred to in Article 19, with respect to terminals located in the territory of the Member State concerned, for the examinations referred to in Article 12 paragraphs 1 and 2, as well as for the effective application of this Convention, to the extent necessary with regard to the laws, regulations and procedures of that Member State.
TITRE X. - RESPONSIBILITY AND OBLIGATIONS
Article 21
1. Each Member State is responsible for the accuracy, timeliness and legality of the data it has introduced into the Customs information system. In addition, each Member State is responsible for compliance with Article 5 of the 1981 Strasbourg Convention.
2. Each Member State is responsible in accordance with its own laws, regulations and procedures, for harm caused to a person by the use of the Customs information system in the Member State in question. The same is true when the harm is caused by the fact that the Member State that provided the data has introduced incorrect data or introduced them into the system contrary to this Convention.
3. If the Member State against which an action on erroneous data is brought is not the Member State that has provided such data, the Member States in question seek to agree on the possible proportion of the amounts paid as compensation which will be refunded to the other Member State that the Member State that has provided the data. The amounts so agreed shall be refunded upon request.
Article 22
1. The costs associated with the operation and use of the Customs information system by the Member States in their territory are borne by each of them.
2. The other expenses resulting from the implementation of this Convention, with the exception of those that are inseparable from the operation of the Customs information system for the purpose of the application of the Community's customs and agricultural regulations, are borne by the Member States. The share of each of these countries is determined on the basis of the relationship between its gross national product and the total gross national product of the Member States of the year prior to the year in which the costs were incurred.
For the purposes of this paragraph, "gross national product" means the gross national product determined in accordance with Directive 89/130/EEC, Euratom, of 13 February 1989, relating to the harmonization of the establishment of the gross national product at market prices ( 1 ), or to any act of the Community amending or replacing it.
PART XI. - APPLICATION AND FINAL PROVISIONS
Article 23
The information provided under this Convention shall be exchanged directly between the authorities of the Member States.
Article 24
1. This Convention is subject to the adoption by the Member States in accordance with their respective constitutional rules.
2. The Member States shall notify the Secretary General of the Council of the European Union of the fulfilment of the procedures required by their respective constitutional rules for the adoption of this Convention.
3. This Convention shall enter into force ninety days after the notification referred to in paragraph 2 by the Member State which shall make the last formality.
Rule 25
1. This Convention is open to the accession of any State that becomes a member of the European Union.
2. The text of the present Convention in the language of the acceding State, established by the Council of the European Union, is authentic.
3. The instruments of accession shall be deposited with the depositary.
4. This Agreement shall enter into force with respect to any State which has acceded to it ninety days after the deposit of its instrument of accession or the date of entry into force of that Convention, if it has not yet entered into force at the time of the expiry of that period of ninety days.
Rule 26
1. The Secretary General of the Council of the European Union is depositary of this Convention.
2. The depositary shall publish in the Official Journal of the European Communities the status of adoptions and accessions, declarations and reservations, as well as any other notification relating to this Convention.
Rule 27
1. Any dispute between Member States concerning the interpretation or application of this Convention shall, in a first step, be considered within the Council in accordance with the procedure set out in Part VI of the Treaty on the European Union for a solution.
Upon the expiration of six months, if a solution could not be found, the Court of Justice of the European Communities may be seized by a party to the dispute.
2. Any dispute between one or more Member States and the Commission of the European Communities relating to the application of this Convention which could not be settled by negotiation may be submitted to the Court of Justice.
In faith, undersigned Plenipotentiaries have affixed their signatures at the bottom of this Convention.
Done in Brussels, on July twenty-six, nine hundred and ninety-five, in a single copy, in German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish, all these texts being equally authentic, a copy which is deposited in the archives of the General Secretariat of the Council of the European Union.

Agreement on the provisional application between certain Member States of the European Union of the Convention established on the basis of Article K.3 of the Treaty on the European Union on the Use of Computer Science in the Field of Customs
BELGIUM,
DANEMARK,
THE GERMANY FEDERAL REPUBLIC,
LA REPUBLIQUE HELLENIQUE,
SPANISH ROY,
THE FRANCAISE REPUBLIC,
IRILAND,
THE ITALIAN REPUBLIC,
LUXEMBOURG,
ROYAUME DES PAYS-BAS,
THE REPUBLIC OF AUTRICHE,
LA REPUBLIQUE PORTUGUAISE,
THE REPUBLIC OF FINLAND,
The SUEDE ROYAUME,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTH IRELAND,
Member States of the European Union, signatories to the convention established on the basis of Article K.3 of the Treaty on the European Union on the Use of Computer Science in the Field of Customs, of 26 July 1995, hereafter referred to as the "Convention",
Considering the importance of rapid application of the convention;
Considering that, under Article K.7 of the Treaty on the European Union, the provisions of Title VI of the said Treaty do not impede the institution or development of closer cooperation between two or more Member States, to the extent that such cooperation does not contravene or interfere with the cooperation provided for in Part VI of the said Treaty;
Considering that the possible provisional application between certain Member States of the European Union of the Convention would not contravene and would not interfere with the cooperation envisaged under Article VI of the Treaty on the European Union.
agreed that:
Article 1er
For the purposes of this Agreement:
- "Convention": the convention established on the basis of Article K.3 of the Treaty on the European Union on the Use of Informatics in the Field of Customs,
- "high Contracting Parties": the Member States of the European Union, parties to the convention,
- "Parties": Member States of the European Union Parties to this Agreement.
Article 2
The Agreement shall apply provisionally from the first day of the third month following the deposit of the instrument of approval, acceptance or ratification of this Agreement of the eighth high Contracting Party which shall proceed with such formality between the high Contracting Parties to this Agreement.
Article 3
The transitional provisions necessary to allow the provisional application of the convention are mutually agreed by the high Contracting Parties in which the agreement is provisionally applied, in consultation with other high Contracting Parties. During this period of provisional application, the functions assigned to the committee provided for in Article 16 of the Convention shall be carried out by the high Contracting Parties of a common agreement in close association with the Commission of the European Communities. Article 7 (3) of Article 16 of the Convention cannot be implemented during that period.
Article 4
1. This Agreement shall be open for signature by the Member States signatories to the Convention. It is subject to approval, acceptance or ratification. The entry into force is on the first day of the third month following the deposit of the instrument of approval, acceptance or ratification of the eighth major contracting party which proceeds to this formality.
2. For any high Contracting Party that deposits its instrument of approval, acceptance or ratification subsequently, this Agreement shall enter into force on the first day of the third month following the date of the deposit.
3. Instruments for approval, acceptance or ratification shall be deposited with the Secretary General of the Council of the European Union, who shall serve as depositary.
Article 5
This Agreement, written in a single copy in the German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish languages, shall be deposited with the Secretary General of the Council of the European Union who shall give a certified copy to each of the parties.
Article 6
This Agreement expires at the time of the entry into force of the Convention.
In faith, undersigned Plenipotentiaries have affixed their signatures at the bottom of this Convention.
Done in Brussels, the twenty-six July, nine hundred and ninety-five, in a single copy, in German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish, all these texts being equally authentic, a copy which is deposited in the archives of the General Secretariat of the Council of the European Union.

Protocol established on the basis of Article K.3 of the Treaty on the European Union, concerning the pre-judicial interpretation by the Court of Justice of the European Communities of the Convention on the Use of Computer Science in the Field of Customs
High Contracting Parties
The following provisions are agreed upon, which are annexed to the Convention:
Article 1er
The Court of Justice of the European Communities is competent, under the conditions established by this Protocol, to rule on a preliminary basis on the interpretation of the Convention on the Use of Computer Science in the Field of Customs.
Article 2
1. Any Member State may, by a declaration made at the time of signature of this Protocol or at any other later time, accept the jurisdiction of the Court of Justice of the European Communities to rule, on a preliminary basis, on the interpretation of the Convention on the Use of Informatics in the Field of Customs under the conditions set out in paragraph 2 (a) or (b).
2. Any Member State making a declaration under paragraph 1 may indicate:
(a) that any jurisdiction of that State whose decisions are not subject to a judicial remedy of domestic law shall have the power to request the Court of Justice of the European Communities to rule, on a prejudicial basis, on a matter raised in a pending case before it and relating to the interpretation of the Convention on the Use of Computer Science in the Field of Customs, when it considers that a decision on this matter is necessary to render its judgment
(b) that any jurisdiction of that State has the power to request the Court of Justice of the European Communities to rule, on a preliminary basis, on a matter raised in a pending case before it and concerning the interpretation of the Convention on the Use of Computer Science in the Field of Customs, when it considers that a decision on this point is necessary to render its judgment.
Article 3
1. The Protocol on the Status of the Court of Justice of the European Communities and its Rules of Procedure are applicable.
2. In accordance with the statute of the Court of Justice of the European Communities, any Member State has the right, whether or not it has made a declaration under Article 2, to file with the Court of Justice of the European Communities a memorandum or written observations in the cases before it under Article 1er.
Article 4
1. This Protocol is subject to adoption by the Member States in accordance with their respective constitutional rules.
2. The Member States shall notify the depositary of the fulfilment of the procedures required by their respective constitutional rules for the adoption of this Protocol and any declaration made pursuant to Article 2.
3. This Protocol shall enter into force ninety days after the notification referred to in paragraph 2, by the State which, being a member of the European Union on the date of the adoption by the Council of the act establishing this Protocol, shall proceed with this formality. However, its entry into force occurs at the earliest possible time as the Convention on the Use of Computer Science in the Field of Customs.
Article 5
1. This Protocol is open to the accession of any State that becomes a member of the European Union.
2. The instruments of accession shall be deposited with the depositary.
3. The text of the present Protocol in the language of the Member State acceding, established by the Council of the European Union, is authentic.
4. This Protocol shall enter into force for the Member State to accede to ninety days after the date of deposit of its instrument of accession, or on the date of entry into force of this Protocol, if it has not yet entered into force on the expiry of that period of ninety days.
Article 6
Any State that becomes a member of the European Union and adheres to the Convention on the Use of Informatics in the Field of Customs in accordance with Article 25 of this Convention shall accept the provisions of this Protocol.
Article 7
1. Amendments to this Protocol may be proposed by each Member State, a high Contracting Party. Any amendment proposal shall be forwarded to the depositary, who shall communicate it to the Council.
2. The amendments are decided by the Council which recommends the adoption by the Member States according to their respective constitutional rules.
3. Such amendments shall enter into force in accordance with the provisions of Article 4.
Article 8
1. The Secretary General of the Council of the European Union is depositary of this Protocol.
2. The depositary shall publish in the Official Journal of the European Communities notifications, instruments or communications relating to this Protocol.
In faith, undersigned Plenipotentiaries have affixed their signatures to the bottom of this Protocol.
Done in Brussels, on the twenty-nine November, nine hundred and ninety-six, in a single copy, in German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish, each text being equally authentic.
DECLARATION
concerning the simultaneous adoption of the Convention on the Use of Informatics in the Field of Customs and the Protocol concerning the preliminary interpretation by the Court of Justice of the European Communities of this Convention
Representatives of the governments of the Member States of the European Union gathered in the Council.
At the time of the signature of the Council's deed establishing the protocol concerning the preliminary interpretation by the Court of Justice of the European Communities of the Convention on the Use of Computer Science in the Field of Customs.
Desiring to ensure such an effective and uniform interpretation as possible of the Convention upon its entry into force.
Express their readiness to take appropriate measures to ensure that national procedures for the adoption of the Customs and Protocol Convention on the Use of Informatics regarding its interpretation are completed simultaneously and as soon as possible.
In faith, the undersigned Plenipotentiaries affixed their signatures at the bottom of this statement.
Done in Brussels, on the twenty-nine November, nine hundred eighty-six.

Protocol established on the basis of Article K.3 of the Treaty on the European Union, on the scope of application of the laundering of income in the Convention on the Use of Computer Science in the Field of Customs and the inclusion of the registration number of the means of transport in the Convention
The High Contracting Parties to this Protocol, Member States of the European Union,
Referring to the action of the Council of the European Union, of 12 March 1999,
Having regard to the convention established on the basis of Article K.3 of the Treaty on the European Union on the Use of Computer Science in the Customs Field, hereafter referred to as the "Convention",
agreed on the following provisions:
Article 1er
Article 1er, point 1, of the convention, the second dash is replaced by the following:
" - the transfer, conversion, concealment or disguise of the nature of the goods or products that have been directly or indirectly acquired or obtained by international illicit traffic in narcotic drugs or as an offence:
(i) either to legislative, regulatory or administrative provisions of a Member State, the application of which is in whole or in part within the competence of the customs administration of that Member State with respect to the cross-border movement of goods subject to prohibition, restriction or control measures, including those referred to in Articles 36 and 223 of the Treaty establishing the European Community, as well as non-harmonized accesses,
(ii) all provisions of the Community and provisions made pursuant to the Community regulations governing the importation, export, transit and residence of goods exchanged between the Member States and third countries, as well as between the Member States in respect of the goods that do not have the Community status as defined in Article 9, paragraph 2, of the Treaty establishing the European Community or for which the conditions for the acquisition of the Community status are complementary or
(iii) all provisions agreed at the community level within the framework of the common agricultural policy and specific regulations made in respect of goods resulting from the processing of agricultural products,
(iv) all provisions agreed at the community level with respect to harmonized accesses and value-added tax on imports, as well as national provisions that implement them, or have been used in this framework. "
Article 2
The categories of data listed in Article 4 of the Convention are supplemented by the following category:
"ix) the registration number of the means of transport. "
Article 3
1. This protocol is subject to the adoption by the Member States according to their respective constitutional rules.
2. The Member States shall notify the depositary of the fulfilment of the procedures required by their respective constitutional rules for the adoption of this protocol.
3. This protocol comes into force ninety days after the notification referred to in paragraph 2 by the State, a member of the European Union at the time of the adoption by the Council of the act establishing this protocol, which proceeds the last to this formality. At the earliest, it comes into force on the date of entry into force of the convention.
Article 4
1. This protocol is open to the accession of any State that becomes a member of the European Union.
2. The instruments of accession shall be deposited with the depositary.
3. The text of the present protocol in the language of the acceding State, established by the Council of the European Union, is authentic.
4. This Protocol shall enter into force with respect to any Member State that has acceded to ninety days after the date of deposit of its instrument of accession or the date of entry into force of this Protocol, if it has not yet entered into force on the expiry of that period of ninety days.
Article 5
Any State that becomes a member of the European Union and accedes to the Convention in accordance with Article 25 shall be deemed to accept the provisions of this Protocol.
Article 6
1. Any High Contracting State may propose amendments to this Protocol. Any proposed amendment shall be sent to the depositary, who shall transmit it to the Council.
2. The amendments are decided by the Council, which recommends the adoption by the Member States according to their respective constitutional rules.
3. These amendments come into force in accordance with Article 3.
Article 7
1. The Secretary General of the Council of the European Union is depositary of this protocol.
2. The depositary shall publish in the Official Journal of the European Communities the notifications, instruments and communications relating to this protocol.
Done in Brussels on the 12th of March nine hundred and ninety-nine.
Statements
1. The Kingdom of Spain states that it intends to introduce data into the Customs information system after taking into account, in each case, the principles of legal security and presumption of innocence, in particular when the data to be submitted relate to tax matters.
2. Denmark states that, with respect to it, Article 1er shall apply only to the principal offences in connection with which, at any time, the concealment of stolen things is punishable under Danish law, including section 191 A of the Danish Criminal Code on the concealment of stolen drugs linked to particularly serious smuggling incidents.

Convention established on the basis of Article K.3 of the Treaty on the European Union on the Use of Computer Science in the Field of Customs, made in Brussels on 26 July 1995
For the consultation of the table, see image
This agreement has not yet entered into force.

Agreement concerning the provisional application between certain Member States of the European Union of the Convention established on the basis of Article K.3 of the Treaty on the European Union on the Use of Computer Science in the Field of Customs, done in Brussels on 26 July 1995
For the consultation of the table, see image

Protocol prepared on the basis of Article K.3 of the Treaty on the European Union, concerning the pre-judicial interpretation by the Court of Justice of the European Communities of the Convention on the Use of Computer Science in the Field of Customs, and Declaration, made in Brussels on 29 November 1996
For the consultation of the table, see image
This Protocol has not yet entered into force.

Protocol established on the basis of Article K.3 of the Treaty on the European Union, on the scope of application of the laundering of income in the Convention on the Use of Computer Science in the Field of Customs and the inclusion of the registration number of the means of transport in the Convention, and Declarations, made in Brussels on 12 March 1999
For the consultation of the table, see image
This Protocol has not yet entered into force.
Protocol, based on Article K.3 of the Treaty on the European Union, concerning the preliminary interpretation by the Court of Justice of the European Union of the Convention on the Use of Computer Science in the Field of Customs, done in Brussels on 29 November 1996. - Statement by Belgium
" The Kingdom of Belgium declares to accept the jurisdiction of the Court of Justice of the European Communities as provided for in Article 2, paragraph 2, (b). "