Agreement with Hong Kong on cooperation and mutual assistance in customs matters

SUMMARY OF:

Decision 1999/400/EC on the conclusion of the agreement between the European Community and Hong Kong, China on cooperation and mutual administrative assistance in customs matters

Agreement between the European Community and Hong Kong, China on cooperation and mutual administrative assistance in customs matters

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

The agreement aims to improve cooperation between the administrative authorities responsible for applying customs legislation*. In addition to providing for several types of cooperation, it contains articles aimed at further developing and increasing customs cooperation by means of agreements on specific matters.

The decision concludes the agreement on behalf of the European Community (now the EU).

KEY POINTS

Customs cooperation

The parties undertake to develop customs cooperation by:

promoting effective coordination and channels of communication between their customs authorities to facilitate the secure and rapid sharing of information;
facilitating the movement of goods;
exchanging the information and expertise needed to improve customs procedures;
providing technical assistance to each other;
exchanging staff where this benefits both parties.

Mutual administrative assistance

Two types of mutual administrative assistance are possible:

assistance on request: the requested authority* must supply the applicant authority* with all relevant information to enable it to ensure that customs legislation is correctly applied. The information may relate to activities detected or planned which could be operations in breach of such legislation. It may also relate to the regularity of export and import procedures between the two countries.

The agreement also covers special surveillance in all suspect cases. Such surveillance may be applied to any natural or legal person, place, movement of goods or means of transport which is or may be linked or used to commit operations in breach of customs legislation.

spontaneous assistance: the parties may assist each other on their own initiative if they consider that to be necessary for the correct application of customs legislation, particularly if they receive information which could be of interest to the other party.

Formal aspects and exceptions to assistance

Requests must be made in writing, except in urgent cases where oral requests may be made and subsequently confirmed in writing.

Requests must contain:

data on the applicant authority;
the measure requested;
the object of and the reason for the request;
the legislation involved;
the natural or legal persons involved;
a summary of the relevant facts and of the enquiries already carried out.

The requested party may refuse to comply with a request if to do so would be likely to prejudice the sovereignty, public policy, security or other essential interests of one of the parties. The obligation to provide assistance may also be waived where to do so would violate an industrial, commercial or professional secret.

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 which sees to the proper functioning of this agreement and examines all issues arising from its application.

DATE OF ENTRY INTO FORCE

It entered into force on 1 June 1999.

BACKGROUND

For more information, see:

EU-Hong Kong customs cooperation (European Commission).

KEY TERMS

Customs legislation: includes any legal or regulatory provisions or any other binding legal instrument adopted by the EU and Hong Kong governing the import, export and transit of goods and their placing under any other customs procedure, including measures of prohibition, restriction and control which fall under the competence of the customs authorities and other administrative authorities.

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

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

MAIN DOCUMENTS

Council Decision 1999/400/EC of 11 May 1999 concerning the conclusion of the Agreement between the European Community and Hong Kong, China on cooperation and mutual administrative assistance in customs matters (OJ L 151, 18.6.1999, p. 20)

Agreement between the European Community and Hong Kong, China on cooperation and mutual administrative assistance in customs matters (OJ L 151, 18.6.1999, pp. 21-26)

last update 08.01.2019