Explanatory Memorandum to COM(2002)509 - Conclusion of an Agreement with Malta adding a Protocol on mutual administrative assistance in customs matters to the association agreement with Malta

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dossier COM(2002)509 - Conclusion of an Agreement with Malta adding a Protocol on mutual administrative assistance in customs matters to the ...
source COM(2002)509 EN
date 17-10-2002
1. The Agreement establishing an association between the European Economic Community and Malta entered into force on 1 April 1971. It included among its objectives close and extensive co-operation to increase and diversify trade between the parties, and provided for the reciprocal liberalisation of commerce.

2. However, this Agreement contains no specific requirements with regard to methods of administrative co-operation to be applied to its general provisions.

3. In order to provide greater security in the customs sector for legitimate trade, the respective Agreement parties considered it necessary to conclude an additional protocol to the Agreement on mutual administrative assistance in the customs sector.

4. On this basis, negotiations have taken place between the Commission and Malta. These exchanges have resulted in the Protocol and the Agreement in the form of an exchange of letters initialled in Valletta in October 2001.

5. The purpose of this Protocol is the prevention, detection and prosecution, by way of mutual assistance conducted between the parties' competent authorities of activities in breach of customs legislation. The assistance in question chiefly involves the forwarding of information and documents with regard to investigations, and the surveillance of specific individuals, goods, and places or means of transport.

6. This Protocol is virtually identical to the standard version drawn up in 1997 by the Council Working Group on Economic Questions.

7. In cases involving questions relating to the applicability of the Protocol, the Contracting Parties agree to consult with each other in order to resolve such matters. Such consultation is to be carried out within the framework of the Special Co-operation Committee set up by the Association Council.

8. The Agreement now needs to signed and concluded. The Council is therefore invited:

- to approve, on behalf of the Community, the Agreement in the form of an exchange of letters between the Community and the Malta adding a Protocol on mutual administrative assistance in customs matters to the Association Agreement;

- to designate a person empowered to sign the exchange of letters.