Decision 2009/917 - Use of information technology for customs purposes - Main contents
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official title
Council Decision 2009/917/JHA of 30 November 2009 on the use of information technology for customs purposesLegal instrument | Decision |
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Number legal act | Decision 2009/917 |
Original proposal | JAI(2008)12 |
CELEX number i | 32009D0917 |
Document | 30-11-2009 |
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Publication in Official Journal | 10-12-2009; OJ L 323 p. 20-30 |
Effect | 30-12-2009; Entry into force Date pub. + 20 See Art 36.1 27-05-2011; Application See Art 36.2 |
End of validity | 31-12-9999 |
10.12.2009 |
EN |
Official Journal of the European Union |
L 323/20 |
COUNCIL DECISION 2009/917/JHA
of 30 November 2009
on the use of information technology for customs purposes
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and Article 34(2)(c) thereof,
Having regard to the initiative of the French Republic,
Having regard to the Opinion of the European Parliament (1),
Whereas:
(1) |
At the external borders of the Community and within its territory, customs administrations are responsible, together with other competent authorities, for the prevention, investigation and prosecution of offences not only against Community rules, but also against national laws. |
(2) |
The developing trend towards illicit trafficking of all kinds constitutes a serious threat to public health, morality and security. |
(3) |
It is necessary to reinforce cooperation between customs administrations, by laying down procedures under which customs administrations may act jointly and exchange personal and other data concerned with illicit trafficking activities, using new technology for the management and transmission of such information, taking into account Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (2) and the principles contained in Recommendation No R (87) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987 regulating the use of personal data in the police sector (hereinafter referred to as Recommendation No R (87) 15). |
(4) |
It is also necessary to enhance complementarity with actions in the context of cooperation with the European Police Office (Europol) and the European Judicial Cooperation Unit (Eurojust), by granting those bodies access to the Customs Information System, including the customs files identification database, to fulfil their tasks within their mandate. |
(5) |
Reading access to the Customs Information System should allow Europol to cross-check information obtained through other means with the information available in those databases, to identify new links that were so far not detectable and thus to produce a more comprehensive analysis. Reading access to the customs files identification database should allow Europol to uncover connections between cases of criminal investigations, so far unknown to Europol that have a dimension in and outside the European Union. |
(6) |
Reading access to the Customs Information System should allow Eurojust to obtain immediate information required for an accurate initial overview enabling to identify and overcome legal obstacles and to achieve better prosecution results. Reading access to the customs files identification database should allow Eurojust to receive information of ongoing and closed investigations in different Members States and thus to enhance the support of judicial authorities in the Member States. |
(7) |
Since customs administrations have to implement both Community and non-Community provisions in their day-to-day work, it is necessary to ensure that the provisions on mutual assistance and administrative cooperation evolve in parallel. Account should therefore be taken of the provisions on the Customs Information System and the customs files identification database in Regulation (EC) No 766/2008 (3). |
(8) |
Member States recognise the advantage which the full use of the customs files identification database will provide for coordinating and strengthening the fight against cross-border criminality and therefore commit themselves to enter data into that database to the greatest extent possible. |
(9) |
Experience gained since the... |
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