Customs Agreement with Japan

SUMMARY OF:

Decision 2008/202/EC — conclusion of the EU-Japan agreement on cooperation and mutual administrative assistance in customs matters

EU-Japan agreement on cooperation and mutual administrative assistance in customs matters

WHAT IS THE AIM OF THE DECISION AND OF THE AGREEMENT?

Due to their extensive trade relations, this cooperation agreement between EU and Japanese customs authorities* is essential to facilitate trade between the parties. It also seeks to safeguard the security of the supply chain and the effectiveness of the fight against fraud, including cooperation on the protection of intellectual property rights.
The decision concludes the agreement on behalf of the EU.

KEY POINTS

Customs cooperation

The agreement introduces cooperation encompassing all fields of customs legislation.
This cooperation is achieved by establishing channels of communication and by introducing coordination between customs authorities.
The parties undertake to facilitate commercial transactions while increasing their level of security. The agreement aims in particular at improving customs techniques and procedures. The objective is to strengthen cooperation at bilateral level and within international organisations.

Mutual administrative assistance

There are 2 types of assistance between authorities in the event of customs operations that are in breach of legislation:

assistance on request, concerning the lawfulness of and customs procedure for imports and exports of goods, suspects, places of storage and the transport of goods;
spontaneous assistance, concerning in particular the potential risks to the economy, public safety and public health. In the interests of the other party, the requested authority* provides all information relating to activities, resources and methods, goods, persons and means of transport.

Formal aspects and exceptions to assistance

Requests must be made in writing in a language understood by both authorities. In urgent cases, an oral request may precede the written request.
To facilitate the processing of the request, the applicant authority* must provide sufficient information on the measure requested, the object of and the reason for the request. It also provides information on the suspects, the legislation involved, the relevant facts and investigations carried out.
To comply with a request for assistance, the requested authority communicates all information already available to it or undertakes any necessary investigation. The measures taken must be coordinated with the applicant authority.
If it is not possible to comply with a request, a reasoned communication is sent to the applicant authority without delay.
A request may be refused or postponed. It may also be made subject to conditions in the event of prejudice to the sovereignty, security, public policy or interests of a country, especially where the protection of the information transmitted cannot be guaranteed.
The data transmitted is confidential; it is protected under the laws and regulations applicable in the country of the applicant authority. However, this information may be used as evidence in the context of a preparatory inquiry.
A Joint Customs Cooperation Committee is responsible for the proper functioning of this agreement.

DATE OF ENTRY INTO FORCE

The agreement entered into force on 1 February 2008.

BACKGROUND

For more information, see:

Taxation and Customs Union — Japan (European Commission).

KEY TERMS

Customs authority: in Japan, the Ministry of Finance, and, in the EU, the competent services of the European Commission and the customs authorities of the EU countries.

Requested authority: a customs authority of a contracting party which receives a request for assistance on the basis of this agreement.

Applicant authority: a customs authority of a contracting party which makes a request for assistance on the basis of this agreement.

MAIN DOCUMENTS

Council Decision 2008/202/EC of 28 January 2008 concerning the conclusion of the Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters (OJ L 62, 6.3.2008, p. 23)

Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters (OJ L 62, 6.3.2008, pp. 24-29)

RELATED DOCUMENTS

Commission Decision 2011/197/EU of 29 March 2011 pursuant to Regulation (EC) No 45/2001 of the European Parliament and of the Council on the adequate level of protection provided by Japan for personal data transferred from the European Union in the specific cases of transfer by the European Commission to Japanese customs authorities under Decision No 1/2010 of the Joint Customs Cooperation Committee pursuant to Article 21 of the Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters regarding mutual recognition of authorised economic operator programmes in the European Union and in Japan and for the exclusive and specific purposes of Decision No 1/2010 of the Joint Customs Cooperation Committee (OJ L 85, 31.3.2011, pp. 8-9)

2010/637/EU: Decision No 1/2010 of the Joint Customs Cooperation Committee of 24 June 2010 pursuant to Article 21 of the Agreement between the European Community and the Government of Japan on Cooperation and Mutual Administrative Assistance in Customs Matters regarding mutual recognition of Authorised Economic Operators programmes in the European Union and in Japan (OJ L 279, 23.10.2010, pp. 71-73)

last update 08.01.2019