EU-India customs agreement

KEY POINTS

Customs cooperation

The parties undertake to develop customs cooperation by:

• making the legitimate movement of goods easier and exchanging information and expertise relating to customs techniques and procedures and computerised systems;
• providing technical assistance to each other;
• exchanging personnel and expertise.

Mutual administrative assistance

• The parties undertake to assist each other to ensure the correct application of customs legislation. The agreement provides for 2 types of assistance:
  • assistance on request: the requested authority² supplies the applicant authority³ with all relevant information to enable it to ensure that customs legislation is correctly applied and to detect operations in breach of the legislation. The information may concern offences such as the presentation of incorrect or falsified documents and the regularity of export and import procedures between the two parties. Assistance may also be requested where there are grounds to believe that individuals, places, goods or means of transport are involved in breaches of legislation.
  • spontaneous assistance: the parties assist each other if they consider that to be necessary for the correct application of customs legislation. In particular, at their own initiative they share with each other any information which can help to avoid substantial damage to the economy, public health or similar vital interests.

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 authority;
  • the measure requested;
  • the object of and the reason for the request;
  • all the legally binding instruments involved;
  • details of the persons 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 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 requested party may also decide to postpone assistance on the ground that it interferes with an ongoing investigation, prosecution or proceedings.
• The agreement contains confidentiality clauses in relation to the information supplied, which is covered by the obligation of professional secrecy. A high level of protection is given to personal data.
• The agreement sets up a Joint Customs Cooperation Committee which oversees the operation of the agreement and examines all issues arising from its application.