This document is an excerpt from the EUR-Lex website
Agreement with Hong Kong on cooperation and mutual assistance in customs matters
SUMMARY OF:
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:
Mutual administrative assistance
Two types of mutual administrative assistance are possible:
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.
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:
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:
KEY TERMS
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