2005/201/EC: Decision No 5/2004 of the EU-Mexico Joint Council of 15 December 2004 adopting, pursuant to Article 17(3) of Decision No 2/2000, an Annex to the said Decision on mutual administrative assistance in customs matters

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1.

Current status

This other has been published on June 13, 2006 and entered into force on January  1, 2005.

2.

Key information

official title

2005/201/EC: Decision No 5/2004 of the EU-Mexico Joint Council of 15 December 2004 adopting, pursuant to Article 17(3) of Decision No 2/2000, an Annex to the said Decision on mutual administrative assistance in customs matters
 
Legal instrument Other
CELEX number i 22005D0201

3.

Key dates

Document 15-12-2004
Publication in Official Journal 13-06-2006; OJ L 66, 12.3.2005,OJ L 159M , 13.6.2006, p. 15–21
Signature 15-12-2004; Brussels
Effect 01-01-2005; Entry into force See Art 2
End of validity 31-12-9999

4.

Legislative text

12.3.2005   

EN

Official Journal of the European Union

L 66/15

 

DECISION No 5/2004 OF THE EU-MEXICO JOINT COUNCIL

of 15 December 2004

adopting, pursuant to Article 17(3) of Decision No 2/2000, an Annex to the said Decision on mutual administrative assistance in customs matters

(2005/201/EC)

THE JOINT COUNCIL,

Having regard to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part (1) (hereinafter the ‘Agreement’),

Having regard to the EU-Mexico Joint Council Decision No 2/2000 (2), and in particular Article 17(3) thereof,

Whereas Article 17(3) of Decision No 2/2000 envisages that the administrations of both Parties are to provide mutual administrative assistance in customs matters in accordance with the provisions of an Annex on mutual administrative assistance on customs matters to be adopted by the Joint Council no later than one year from the entry into force of Decision No 2/2000,

HAS DECIDED AS FOLLOWS:

Article 1

The Annex on mutual administrative assistance in customs matters to Council Decision No 2/2000 set out in the Annex hereto is hereby adopted.

Article 2

This Decision shall enter into force on the first day of the month following that in which it is adopted by the Joint Council.

Done at Brussels, 15 December 2004.

For the Joint Council

The President

  • L. 
    E. DERBEZ
 

 

ANNEX

‘ANNEX

ON MUTUAL ADMINISTRATIVE ASSISTANCE IN CUSTOMS MATTERS

Article 1

Definitions

For the purposes of this Annex:

 

(a)

“customs legislation” shall mean any legal or regulatory provisions adopted by the European Community and Mexico governing the import, export, and transit of goods and their placing under any other customs regime or procedure, including measures of prohibition, restriction and control;

 

(b)

“applicant authority” shall mean a competent customs authority which has been designated by a Party for this purpose and which makes a request for assistance on the basis of this Annex;

 

(c)

“requested authority” shall mean a competent customs authority which has been designated by a Party for this purpose and which receives a request for assistance on the basis of this Annex;

 

(d)

“customs authority” shall mean for the European Community, the competent services of the Commission of the European Communities and the customs authorities of its Member States; and for Mexico, the Secretaria de Hacienda y Crédito Público or its successor;

 

(e)

“personal data” shall mean all information relating to an identified or identifiable individual;

 

(f)

“operation in breach of customs legislation” shall mean any violation or attempted violation of customs legislation;

 

(g)

“information” shall mean any data, documents, reports, certified or authenticated copies thereof or other communications, including information which has been processed and/or analysed to provide an indication relevant to an operation in breach of customs legislation.

Article 2

Scope

  • 1. 
    This Annex is intended solely for the mutual administrative assistance between the Parties, the provisions of this Annex shall not give rise to a right on the part of any private person to obtain, suppress or exclude any evidence or to impede the execution of a request.
  • 2. 
    The Parties shall assist each other, in the areas within their competence, in the manner and under the conditions laid down in this Annex, to ensure the correct application of the customs legislation, in particular by preventing, investigating and combating operations in breach of that legislation.
  • 3. 
    Assistance...

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Original proposal

 

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