Explanatory Memorandum to COM(2010)55 - Union position within the EU-Japan Joint Customs Cooperation Committee concerning the mutual recognition of Authorised Economic Operator programmes in the EU and in Japan - Main contents
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| dossier | COM(2010)55 - Union position within the EU-Japan Joint Customs Cooperation Committee concerning the mutual recognition of Authorised ... |
|---|---|
| source | COM(2010)55  |
| date | 19-02-2010 |
1. EU-Japan relations in the area of customs are based on the Agreement on Co-operation and Mutual Administrative Assistance in Customs Matters (CCMAAA) i that entered into force on 1 February 2008.
2. According to the CCMAAA, customs co-operation covers all matters relating to the application of customs legislation. The CCMAAA also calls for the Union and Japan to make co-operative efforts in order to develop trade facilitation actions in the field of customs in accordance with international standards i.
3. Mutual recognition of Authorised Economic Operator (AEO) programmes and security measures both enhances end-to-end supply chain security, and facilitates trade. It consolidates internationally the approach agreed in the WCO SAFE Framework of Standards. It also addresses the concern of the business community in Europe and around the world to avoid proliferation of requirements and to standardise customs security procedures.
4. At the first meeting of the Joint Customs Cooperation Committee (JCCC), established by the CCMAAA, on 11 February 2008, the EU and Japan confirmed that such mutual recognition between the EU and Japan is a priority.
5. The second meeting of the JCCC, on 17 September 2009, confirmed that the AEO legislations in the EU and in Japan are equivalent and are implemented in a compatible manner. Agreement was also found on the initial benefits that can be provided via mutual recognition. Thus the JCCC invited the European Commission and Customs and Tariff Bureau of Japan to develop by early 2010 a proposal for a JCCC Decision which achieves this mutual recognition and provides equivalent benefits to each other's operators.
CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
6. Member States were consulted in the framework of the EU-Japan Joint Customs Cooperation Committee, and the Customs Union Group (Legislation and Policy) of the Council of the European Union.
7. There is no need for an impact assessment insofar as the Decision implements the CCMAAA and does not modify its substance.
8. The Council is asked to adopt a Union position on a draft decision of the JCCC based on Article 207 (4) first subparagraph, in conjunction with Article 218(9) of the Treaty on the Functioning of the European Union.
9. The legal basis for the draft decision of the JCCC is laid down in Article 21 i (b) of the CCMAAA.
10. The proposal falls under the common commercial policy, exclusive competence of the Union. The subsidiarity principle therefore does not apply.
The proposal has no direct implication for the Union budget.
DATA PROTECTION
11. The Japanese data protection regime is adequate in the sense of Article 9 of Regulation 45/2001/EC. This regime is spelt out in the Japanese Customs Law (article 108-2), in the Law for International Assistance in Investigation and other related matters (articles 1 and 3), the National Public Service Law (article 100), the Act on the Protection of Personal Information Held by Administrative Organs (article 8) and the Act on Access to Information Held by Administrative Organs (article 5).
12. The provisions in Section IV (5) and (6) of the draft JCCC decision serve to ensure undertakings to protect personal data by the receiving customs administration and to introduce a purpose-restriction.
13. Therefore processing personal data in exchanging information with Japan on AEOs under Section IV of the draft JCCC decision is in line with the basic principles in the sense of Article 25 of Directive 95/46/EC, according to which data must be fairly and lawfully processed; processed for limited and explicit purposes; adequate, relevant and not excessive; accurate; not kept longer than necessary; processed in accordance with the data subject's rights; secure; and not transferred to third parties without adequate precautions.