Explanatory Memorandum to COM(2011)188 - EU position within the EC-Andorra Joint Committee, on the list of customs security provisions to be established under Article 12b(1) of the Agreement with Andorra - Main contents
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| dossier | COM(2011)188 - EU position within the EC-Andorra Joint Committee, on the list of customs security provisions to be established under ... |
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| source | COM(2011)188  |
| date | 11-04-2011 |
On 27 January 2011 the European Union and the Principality of Andorra signed a Protocol extending to customs security measures the customs union agreement concluded in 1990 (hereinafter “the Agreement”). This protocol includes Andorra’s obligation to take over the Community acquis in the area of customs security measures.
The Protocol stipulates that the detailed list of these measures to be adopted by Andorra shall be drawn up by the EC-Andorra Joint Committee set up under Article 17 of the Agreement. In the case at hand this means the provisions concerning the declaration of goods prior to their entry to or exit from the customs territory, authorised economic operators, and customs security checks and security-related risk management. The draft list of the provisions in question is attached as an annex to this proposal for a Council Decision.
CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
- Consultation of interested parties
The Andorran customs authorities have approved the draft decision of the Joint Committee. Andorra had already seen this list of Community decisions to be adopted by it in this framework during the negotiations of the Protocol. This list should now be formally confirmed.
- Impact assessment
There is no need for an impact assessment since the Decision implements the Agreement without modifying its content.
The Council is asked to adopt a Union position on a draft decision of the EC-Andorra Joint Committee concerning this list based on the first subparagraph of Article 207 i, in conjunction with Article 218(9) of the Treaty on the Functioning of the European Union.
The legal basis for the draft decision of the Joint Committee is laid down in Article 12b i of the Agreement.
This proposal falls under the common commercial policy, which is an exclusive external competence of the Union. The subsidiarity principle therefore does not apply.
The proposal has no direct implications for the Union budget.