Agreements with Canada on customs matters

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 authority² informs the applicant authority³ 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.