Agreements with Canada on customs matters

SUMMARY OF:

WHAT IS THE AIM OF THE DECISIONS AND THE AGREEMENTS?

Decision 98/18/EC seeks to improve cooperation between the administrative authorities responsible for applying customs legislation*.
Under the EU-Canada agreement on customs issues, the parties undertake to increase the level of customs cooperation, in particular by simplifying and harmonising their procedures.
Decision 2014/941/EU aims to extend the original agreement on customs issues by a new agreement to cover supply-chain security.

KEY POINTS

EU-Canada agreement on customs issues

Customs cooperation

The parties undertake to develop customs cooperation by:

simplifying and harmonising their customs procedures;
examining means of solving customs-related problems;
exchanging personnel;
computerising customs procedures and formalities.

Mutual administrative assistance

The parties undertake to assist each other, either on request or on their own initiative. They share all appropriate information that helps to ensure the proper application of customs legislation and the prevention and combating of any breach of such legislation. To achieve this, they communicate to each other any new customs law enforcement techniques and any new trends and means of committing breaches of customs legislation.

The customs authorities also provide each other with information on operations, completed or planned, which appear to constitute a breach of customs legislation in the territory of the other contracting party.

Assistance on request

The requested authority* informs the applicant authority* of the customs legislation and procedures applicable in its territory and relevant to inquiries relating to a breach of customs legislation. This information may relate to the lawfulness of procedures for exporting and importing goods between the two contracting parties and to the customs procedure applied.

The agreement also provides for special surveillance of persons who have committed a breach of customs legislation or who are suspected of doing so. This surveillance may also be applied to goods giving rise to illicit trafficking and to the transport and premises used to this end.

Spontaneous assistance

One of the two parties may supply information on its own initiative in serious cases that could involve substantial damage to the economy, public health, public security or any other vital interest of the other contracting party.

Formal aspects and exceptions to assistance

Requests must be made in writing, except in urgent cases where oral requests may be made, confirmed in writing thereafter. Requests must contain:
- data on the applicant customs authority;
- the measure requested;
- the object of and the reason for the request;
- the legislation involved; and
- the details of the individuals who are the subject of the investigation.
The requested party may refuse to provide assistance if to do so would be likely to prejudice the sovereignty, public policy, security or other essential interest of one of the parties. The obligation to provide assistance may also be postponed on the ground that it interferes with an ongoing investigation, prosecution or proceeding.
The agreement contains confidentiality clauses in relation to the information supplied. A high level of protection is given to personal data.
The agreement provides for the establishment of a Joint Customs Cooperation Committee that sees to the proper functioning of this agreement and examines all issues arising from its application.

Customs cooperation with regard to supply-chain security

Under Decision 2014/941/EU, customs cooperation between the parties was extended to cover supply chain security. Under this agreement, the EU and Canada sought to secure the logistics chain while at the same time facilitating legitimate trade.
Aspects covered by the agreement include:
- drawing up minimum standards for risk management;
- working towards mutual recognition of risk management techniques, risk standards, security controls, container security and trade partnership programmes, including equivalent trade facilitation measures;
- sharing information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements;
- introducing an interface for data-sharing, including for pre-arrival or pre-departure data;
- developing a strategy allowing cooperative customs partnership as regards cargo inspection.

FROM WHEN DO THE DECISIONS AND THE AGREEMENTS APPLY?

Decision 98/18/EC has applied since 27 November 1997. The agreement entered into force on 1 January 1998.

Decision 2014/94/EU has applied since 27 June 2013. The agreement on supply-chain security has entered into force on 1 November 2013.

BACKGROUND

For more information, see:

EU-Canada customs cooperation (European Commission).

KEY TERMS

Customs legislation: in the EU, it includes all rules governing the import, export, transit of goods and their placing under any customs procedure, including measures of prohibition, restriction and control. In Canada, the definition is wider. It includes all statutory and regulatory rules in this area, the administration and enforcement of which are specifically charged to the customs authority, in other words the competent sections of the Departments of National Revenue, as well as any regulations adopted by the customs authority under its statutory powers.

Requested authority: the competent customs authority that receives a request for assistance.

Applicant authority: the competent customs authority that makes a request for assistance.

MAIN DOCUMENTS

Council Decision 98/18/EC of 27 November 1997 concerning the conclusion of the Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters (OJ L 7, 13.1.1998, p. 37)

Agreement between the European Community and Canada on customs cooperation and mutual assistance in customs matters (OJ L 7, 13.1.1998, pp. 38-45)

Council Decision 2014/941/EU of 27 June 2013 on the conclusion of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security (OJ L 367, 23.12.2014, pp. 8-9)

Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply-chain security (OJ L 367, 23.12.2014, pp. 10-13)

last update 07.11.2017