1982 International Convention on the Harmonization of Frontier Controls of Goods

SUMMARY OF:

Regulation (EEC) No 1262/84 on the conclusion of the International Convention on the Harmonization of Frontier Controls of Goods

International Convention on the harmonization of frontier controls of goods

WHAT IS THE AIM OF THE REGULATION AND OF THE CONVENTION?

The regulation approves on behalf of the European Economic Community (now the EU) the International Convention on the Harmonization of Frontier Controls of Goods.

The convention:

seeks to streamline administrative procedures and remove cross-border technical barriers;
applies to all goods being imported or exported or in transit, when they are moved across one or more sea, air or inland frontiers;
is part of the external trade policy, an area of exclusive EU competence.

KEY POINTS

Parties to the convention are committed to streamlining administrative procedures at borders and reducing the number and duration of controls carried out by customs authorities. This commitment should be reflected in:

cooperation and coordination between customs and other services for monitoring goods;
the providing of qualified personnel with the necessary equipment at the place where the controls are to take place; official instructions to officers for acting in accordance with international agreements;
cooperation with the competent international bodies, in order to facilitate new multilateral or bilateral agreements;
arrangements for the joint control of goods and documents by neighbouring countries that share a border; opening hours of frontier posts, categories of goods, modes of transport and international customs transit procedures should correspond;
the sharing of information required for controls to be effective;
documents aligned with the United Nations Layout Key.

Parties to the convention agree that:

goods in transit will receive simple and speedy treatment when they are transported in conditions that provide adequate security. If there is a threat to public safety*, however, they may carry out controls;
by extending the hours and competence of existing customs posts, they will facilitate customs clearance for goods covered by an international customs transit procedure.

Goods are subject to customs controls as described in Annex 1. These controls are to ensure compliance with the laws and regulations in force at borders. Other types of controls may also be carried out, also at points within the country.

Customs services are in charge of organising cooperation and coordination with other goods control services so as to expedite the passage of goods.

Information regarding these controls is to be found in the annexes listed below:

medico-sanitary inspections carried out for the protection of the life and health of persons (Annex II);
veterinary inspections, applied to animals or animal products and their conditions of transport (Annex III);
phytosanitary inspections intended to prevent the spread and the introduction across national boundaries of pests of plants and plant products (Annex IV);
control of compliance of goods with national and international laws and regulations (Annex V);
quality control of goods to ensure that they correspond to the minimum international or national definitions of quality (Annex VI);
rules of procedure of the Administrative Committee for the Harmonisation Convention concerning the amendment procedure for the convention (Annex VII);
facilitating border crossing procedures for international road transport, including by granting visas to professional drivers, the speeding up of border crossing procedures for goods, particularly for urgent consignments, such as live animals and perishable goods and the technical control of road vehicles (introduced by Council Decision 2009/161/EC) (Annex VIII).

Prohibitions or restrictions relating to importation, exportation, or transit remain applicable when they are imposed for reasons of public safety. Emergency measures may also be introduced if necessary.

The convention does not preclude the right of regional economic integration organisations (such as the EU) to apply their own legislation at their internal frontiers. It enables preferences and financial facilities to be maintained, on condition that they do not reduce in any way the facilities deriving from this convention.

Disputes between the parties are to be settled by negotiation or by voluntary recourse to arbitration.

FROM WHEN DO THE REGULATION AND CONVENTION APPLY?

The regulation has applied since 1 June 1984. The convention has applied since 12 September 1987.

KEY TERMS

Public safety: defending public safety implies defending the safety and security of the public, morality, health, the environment, cultural heritage and industrial, commercial and intellectual property.

MAIN DOCUMENTS

Council Regulation (EEC) No 1262/84 of 10 April 1984 concerning the conclusion of the International Convention on the Harmonization of Frontier Controls of Goods (OJ L 126, 12.5.1984, pp. 1-2)

International Convention on the harmonization of frontier controls of goods (OJ L 126, 12.5.1984, pp. 3-19)

Amendment to the International Convention on the Harmonization of Frontier Controls of Goods (Harmonization Convention), Geneva, 21 October 1982 (OJ L 317, 30.11.2011, pp. 13-15)