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Document 22010D0637
2010/637/EU: Decision No 1/2010 of the Joint Customs Cooperation Committee of 24 June 2010 pursuant to Article 21 of the Agreement between the European Community and the Government of Japan on Cooperation and Mutual Administrative Assistance in Customs Matters regarding mutual recognition of Authorised Economic Operators programmes in the European Union and in Japan
2010/637/EU: Decision No 1/2010 of the Joint Customs Cooperation Committee of 24 June 2010 pursuant to Article 21 of the Agreement between the European Community and the Government of Japan on Cooperation and Mutual Administrative Assistance in Customs Matters regarding mutual recognition of Authorised Economic Operators programmes in the European Union and in Japan
2010/637/EU: Decision No 1/2010 of the Joint Customs Cooperation Committee of 24 June 2010 pursuant to Article 21 of the Agreement between the European Community and the Government of Japan on Cooperation and Mutual Administrative Assistance in Customs Matters regarding mutual recognition of Authorised Economic Operators programmes in the European Union and in Japan
OJ L 279, 23.10.2010, p. 71–73
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
23.10.2010 |
EN |
Official Journal of the European Union |
L 279/71 |
DECISION No 1/2010 OF THE JOINT CUSTOMS COOPERATION COMMITTEE
of 24 June 2010
pursuant to Article 21 of the Agreement between the European Community and the Government of Japan on Cooperation and Mutual Administrative Assistance in Customs Matters
regarding mutual recognition of Authorised Economic Operators programmes in the European Union and in Japan
(2010/637/EU)
THE JOINT CUSTOMS COOPERATION COMMITTEE (hereinafter referred to as ‘the JCCC’),
Having regard to the Agreement between the European Community and the Government of Japan on Cooperation and Mutual Administrative Assistance in Customs Matters, signed on 30 January 2008 (hereinafter referred to as ‘the CCMAAA’), and in particular Article 21 thereof,
Considering that a joint evaluation has confirmed that Authorised Economic Operators (hereinafter referred to as ‘AEO’) programmes in the European Union (hereinafter referred to as ‘the Union’) and in Japan are security and compliance initiatives and has revealed that their qualification standards for membership are compatible and lead to equivalent results,
Considering that the programmes apply internationally recognised security standards advocated by the SAFE Framework of Standards adopted by the World Customs Organisation (hereinafter referred to as ‘the SAFE Framework’),
Acknowledging the special nature of the legislation and management of each programme,
Considering that, in accordance with the CCMAAA, the Union and Japan are to develop customs cooperation to facilitate trade and that customs security and safety, and facilitation of the international trade supply chain, can be significantly enhanced by mutual recognition of their AEO programmes, and
Considering that mutual recognition allows the Union and Japan to provide facilitative benefits to operators who have invested in supply chain security and have been certified by their AEO programmes,
HAS DECIDED AS FOLLOWS:
I
Mutual Recognition and Responsibility for Implementation
1. |
The AEO programmes of the Union and Japan are hereby mutually recognised to be compatible and equivalent and the corresponding AEO statuses granted are mutually accepted. |
2. |
The customs authorities defined in Article 1(c) of the CCMAAA (hereinafter referred to as ‘customs authorities’) are responsible for implementation of this Decision. |
3. |
The AEO programmes concerned are:
|
II
Compatibility
1. |
The customs authorities maintain the consistency between the programmes and ensure that standards applied to each programme remain compatible with respect to the following matters:
|
2. |
The customs authorities ensure that the programmes operate within the SAFE Framework. |
III
Benefits
1. |
Each customs authority provides comparable benefits to economic operators holding AEO status under the other customs authority’s programme.
These include, in particular:
|
2. |
Each customs authority may also provide further benefits with a view to facilitating trade following the review process referred to in paragraph 2 of Part V of this Decision. |
3. |
Each customs authority retains the authority to suspend the benefits provided to members of the other customs authority’s programme under this Decision. Such suspension of benefits by one customs authority is promptly communicated and reasoned to the other customs authority for consultation. |
4. |
Each customs authority reports irregularities involving economic operators holding AEO status under the other customs authority’s programme to the other customs authority in order to ensure immediate analysis of the appropriateness of the benefits and status granted by the other customs authority. |
IV
Information Exchange and Communication
1. |
The customs authorities enhance communication in order to implement this Decision effectively. They exchange information and foster communication on their programmes in particular by:
|
2. |
Exchanges of information are conducted in accordance with the CCMAAA in electronic format. |
3. |
Information and related data, notably on members of the programmes, are exchanged in a systematic manner by electronic means. |
4. |
Details to be exchanged on economic operators authorised by the AEO programmes include:
|
5. |
The customs authorities guarantee data protection in accordance with the CCMAAA, in particular Article 16 thereof. |
6. |
The data exchanged are used strictly for the purposes of implementing this Decision. |
V
Consultation and Review
1. |
All issues related to implementation of this Decision are to be settled by consultations between the customs authorities in the framework of the JCCC. |
2. |
The JCCC reviews implementation of this Decision regularly. This review process may include, in particular:
|
3. |
This Decision may be modified by a decision of the JCCC. |
VI
General Acknowledgments
1. |
This Decision implements the existing provisions of the CCMAAA and does not constitute a new international agreement. |
2. |
All activities of each customs authority pursuant to this Decision are carried out in accordance with the respective laws and regulations of the Union and Japan and the applicable international agreements to which they are a party. |
3. |
The contents of this Decision are without prejudice to customs authorities granting assistance to each other. |
VII
Commencement, Suspension and Termination
1. |
The cooperation under this Decision commences on 24 June 2010. |
2. |
Either customs authority may suspend cooperation under this Decision at any time but provides at least thirty (30) days written notice thereof. |
3. |
The cooperation under this Decision may be terminated by a decision of the JCCC. |
Done at Brussels, 24 June 2010.
For the EU-Japan Joint Customs Cooperation Committee
Director-General Taxation and Customs Union of the European Commission
Walter DEFFAA
Director-General Customs and Tariff Bureau of Ministry of Finance, Japan
Toshiyuki OHTO
(1) OJ L 302, 19.10.1992, p. 1.
(2) OJ L 253, 11.10.1993, p. 1.