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31991D0115

91/115/EEC: Council Decision of 25 February 1991 establishing a committee on monetary, financial and balance of payments statistics

Official Journal L 059 , 06/03/1991 P. 0019 - 0020 Finnish special edition: Chapter 10 Volume 1 P. 0064  Swedish special edition: Chapter 10 Volume 1 P. 0064

COUNCIL DECISION  of 25 February 1991  establishing a Committee on monetary, financial and balance of payments statistics  (91/115/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the draft decision submitted by the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas Council Decision 90/141/EEC of 12 March 1990 on the attainment of progressive convergence of economic policies and performance during stage one of economic and monetary union (4) entails the need for the availability of consistent indicators,  particularly in the monetary, financial and balance of payments areas;  Whereas Council Decision 90/142/EEC of 12 March 1990 amending Decision 64/300/EEC on cooperation between the central banks of the Member States of the European Economic Community (5) aims in particular at promoting the coordination of monetary policy  which necessarily depends on common surveillance indicators;  Whereas there is therefore a need to establish, as a section of the multiannual statistical programme of the Commission, a multiannual work programme in the field of monetary, financial and balance of payments statistics;  Whereas by Decision 89/382/EEC, Euratom (6) the Council set up a Committee on the Statistical Programme of the European Communities, comprising representatives of the Member States statistical institutes, to ensure close cooperation between Member  States and the Commission whilst the statistical programme is established;  Whereas, in Member States, monetary and banking statistics are drawn up by central banks, and financial and balance of payments statistics are drawn up by various institutions, including central banks;  Whereas there is at present no body which ensures close cooperation between Member States and the Commission in the fields of monetary, financial and balance of payments statistics on which the principal national institutions concerned are represented;   Whereas it is necessary, in order to achieve such cooperation, in particular with a view to achieving Economic and Monetary Union, to establish a committee composed of representatives of these institutions, which is charged with aiding the Commission in  drawing up and implementing the multiannual work programme relating to monetary, financial and balance of payments statistics;  Whereas, having regard to the specific role played in the Member States by the aforementioned institutions, it is necessary to allow the committee to choose its chairman;  Whereas there is, from the point of view of statistics, a close interdependence between the monetary, financial and balance of payments areas on the one hand, and certain other areas of economic statistics on the other hand;  Whereas the increased demand from the Member States and Community institutions for improved statistical information requires the enhancement of cooperation between the users and producers of monetary, financial and balance of payments statistics;  Whereas an examination of whether the Committee's tasks will meet the needs of any future European Central Bank System should be carried out in the framework of the achievement of Economic and Monetary Union,  HAS DECIDED AS FOLLOWS:  Article 1  A Committee on Monetary, Financial and Balance of Payments Statistics, hereinafter called 'the Committee', is hereby established.  Article 2  The Committee shall assist the Commission in drawing up and implementing the multiannual programme of work relating to monetary, financial and balance of payments statistics. The Committee shall, in particular, have the task of expressing  opinions on the development and coordination of the monetary, financial and balance of payments statistics required for the policies implemented by the Council, the Commission, and the various committees assisting them.  The Committee may be asked to express opinions on the links between monetary, financial and balance of payments statistics on the one hand, and certain other economic statistics on the other, in particular those on which national accounts are based. The  work of this Committee will be coordinated with that of the Statistical Programme Committee.  Article 3  The Commission, on its own initiative, and, should the occasion arise, following a request from the Council or from the committees which assist them, shall consult the Committee on:  (a) the establishment of multiannual Community programmes for monetary, financial and balance of payments statistics;  (b) the measures which the Commission intends to undertake to achieve the objectives referred to in the multiannual programmes for monetary, financial and balance of payments statistics and the resources and timetables involved;  (c) any other question, in particular questions of methodology, arising from the establishment or implementation of the Statistical Programme in the relevant fields.  The Committee may express opinions on its own initiative on any questions relating to the establishment or the implementation of statistical programmes in the monetary, financial and balance of payments fields.  Article 4  The Committee shall be composed of one, two or three representatives per Member State, coming from the institutions principally concerned with financial, monetary and balance of payments statistics, and of three representatives of the  Commission.  In addition, one representative of the Committee of Governors of the Central Banks of the Community and one representative of the Monetary Committee may attend meetings of the Committee as observers.  Representatives of other organizations, as well as any persons able to contribute to discussions, may, on the decision of the Committee, participate in the Committee's meetings.  Article 5  The Committee shall elect its chairman by a simple majority of the Member States' votes. Its secretariat shall be provided by the Commission.  Article 6  The Committee shall draw up its rules of procedure. Done at Brussels, 25 February 1991. For the Council  The President  J.-C. JUNCKER  (1) OJ No C 212, 25. 8. 1990, p. 5. (2) OJ No C 324, 24. 12. 1990. (3) OJ No C 31, 6. 2. 1991, p. 22. (4) OJ No L 78, 24. 3. 1990, p. 23. (5) OJ No L 78, 24. 3. 1990, p. 25. (6) OJ No L 181, 28. 6. 1989, p. 47.


title: 2005/616/EC: Commission Decision of 17 August 2005 on the monitoring and evaluation of the labour rights situation in Belarus for temporary withdrawal of trade preferences

text:
               18.8.2005

               EN

               Official Journal of the European Union

               L 213/16

      COMMISSION DECISION

   of 17 August 2005
   on the monitoring and evaluation of the labour rights situation in Belarus for temporary withdrawal of trade preferences
   (2005/616/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004 — Statements on a Council Regulation applying a scheme of generalised tariff preferences for the period from 1 January 2002 to 31 December 2004 (1), and in particular Articles 26 and 29 thereof,
   Whereas:

               (1)

               The tariff preferences granted under Regulation (EC) No 2501/2001 may be temporarily withdrawn in whole or in part in circumstances including serious and systematic violation of the freedom of association and the right to collective bargaining as defined in the relevant Conventions of the International Labour Organisation (ILO).

               (2)

               Pursuant to Regulation (EC) No 2501/2001 the Republic of Belarus (hereafter referred to as Belarus) is a beneficiary of generalised tariff preferences.

               (3)

               On 29 January 2003, the Commission received information from the International Confederation of Free Trade Unions (ICFTU), the European Trade Union Confederation (ETUC) and the World Confederation of Labour (WCL) on alleged systematic and serious violations of freedom of association in Belarus as defined in ILO Conventions Nos 87 and 98.

               (4)

               The information put forward was sufficient to justify the opening of an investigation and therefore the Commission decided by a Decision of 29 December 2003 (2) that an investigation should take place.

               (5)

               The Belarusian authorities were associated with the investigation. The written and oral statements collected by the Commission during the course of the investigation corroborate the allegations contained in the information submitted earlier. Belarus is violating the ILO Convention No 87 on Freedom of Association on various major points by impeding the right to freely establish trade union organisations, the right to organise, the free choice of trade union organisations and the obtaining of legal personality of these organisations. Belarus impedes the functioning of trade union organisations, including their reception of financial assistance from international affiliation, and promotes dissolution or suspension of trade unions. The Government of Belarus is also violating Convention No 98 (1949) on the Right to Organise and Collective Bargaining through anti-union discrimination.

               (6)

               The information available thus provides sufficient grounds to conclude that these violations are serious and systematic and that withdrawal of Belarus’ access to the scheme of generalised preferences is justified. A report on the findings of the investigation was submitted to the Generalised Preferences Committee.

               (7)

               In the light of the foregoing, the Commission shall monitor and evaluate the situation with regard to labour rights in Belarus for a period of six months. After the expiry of that period, the Commission intends to submit a proposal to the Council for temporary withdrawal of the trade preferences unless, before the end of the period, Belarus has made a commitment to take the measures necessary to conform within eight months with the principles referred to in the 1998 ILO Declaration on Fundamental Principles and Rights at Work.

               (8)

               The measures provided for in this Decision are in accordance with the opinion of the Generalised Preferences Committee,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   1.   The Commission shall monitor and evaluate the situation in Belarus with regard to ILO conventions Nos 87 and 98 for a period of six months from the publication date of an announcement on the monitoring and evaluation period in the Official Journal of the European Union.
   2.   In that announcement, the Commission will call upon Belarus to make a commitment, before the end of the period of six months, to take the measures necessary to conform, within eight months, with the principles referred to in the 1998 ILO Declaration on Fundamental Principles and Rights at Work, as expressed in the 12 recommendations of the ILO Commission of Enquiry report of July 2004.
   3.   Unless Belarus makes such a commitment, the Commission intends to submit, after the expiry of the six-month period referrred to in paragraph 1, a proposal to the Council for temporary withdrawal of the trade preferences granted under Regulation (EC) No 2501/2001.

      Done at Brussels, 17 August 2005.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 346, 31.12.2001, p. 1. Regulation as last amended by Regulation (EC) No 980/2005 (OJ L 169, 30.6.2005, p. 1).

      (2)  OJ L 5, 9.1.2004, p. 90.


title: Political and Security Committee Decision BiH/15/2009 of 11 November 2009 on the appointment of an EU Force Commander for the European Union military operation in Bosnia and Herzegovina

text:
               14.11.2009

               EN

               Official Journal of the European Union

               L 299/17

      POLITICAL AND SECURITY COMMITTEE DECISION BiH/15/2009
   of 11 November 2009
   on the appointment of an EU Force Commander for the European Union military operation in Bosnia and Herzegovina
   (2009/836/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 25 thereof,
   Having regard to Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6 of Joint Action 2004/570/CFSP, the Council authorised the Political and Security Committee (PSC) to take further decisions on the appointment of the EU Force Commander.

               (2)

               On 21 November 2008, the PSC adopted Decision BiH/14/2008 (2) appointing Major General Stefano CASTAGNOTTO as EU Force Commander for the European Union military operation in Bosnia and Herzegovina.

               (3)

               The EU Operation Commander has recommended the appointment of Major General Bernhard BAIR as the new EU Force Commander for the European Union military operation in Bosnia and Herzegovina.

               (4)

               The EU Military Committee has supported the recommendation.

               (5)

               In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications.

               (6)

               The Copenhagen European Council adopted on 12 and 13 December 2002 a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Major General Bernhard BAIR is hereby appointed EU Force Commander for the European Union military operation in Bosnia and Herzegovina.
   Article 2
   This Decision shall take effect on 4 December 2009.

      Done at Brussels, 11 November 2009.

            For the Political and Security Committee

            The Chairman

         O. SKOOG

      (1)  OJ L 252, 28.7.2004, p. 10.

      (2)  OJ L 319, 29.11.2008, p. 80.


title: 2007/490/EC: Council Decision of 5 June 2007 abrogating Decision 2003/89/EC on the existence of an excessive deficit in Germany

text:
               13.7.2007

               EN

               Official Journal of the European Union

               L 183/23

      COUNCIL DECISION

   of 5 June 2007
   abrogating Decision 2003/89/EC on the existence of an excessive deficit in Germany
   (2007/490/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 104(12) thereof,
   Having regard to the recommendation from the Commission,
   Whereas:

               (1)

               By Council Decision 2003/89/EC (1), following a recommendation from the Commission in accordance with Article 104(6) of the Treaty, it was decided that an excessive deficit existed in Germany. The Council noted that the general government deficit was 3,7 % of GDP in 2002, significantly exceeding the 3 % of GDP Treaty reference value, while general government gross debt was expected to reach 60,9 % of GDP, slightly above the 60 % of GDP Treaty reference value.

               (2)

               On 21 January 2003, in accordance with Article 104(7) of the Treaty and Article 3(4) of Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (2), the Council addressed a recommendation to Germany with a view to bringing the excessive deficit situation to an end as rapidly as possible and by 2004 at the latest. The recommendation was made public. In view of the unique circumstances created by the Council conclusions of 25 November 2003 and of the ruling of the European Court of Justice of 13 July 2004 (3), the year 2005 should be considered to be the relevant deadline for the correction of the excessive deficit.

               (3)

               In accordance with the Protocol on the excessive deficit procedure annexed to the Treaty, the Commission provides the data for the implementation of the procedure. As part of the application of the Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 4 of Council Regulation (EC) No 3605/93 of 22 November 1993 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (4).

               (4)

               Following a provisional notification by Germany in February 2006, actual data provided by the Commission (Eurostat) indicated that the excessive deficit had not been corrected by 2005. Acting in accordance with Article 10(3) of Regulation (EC) No 1467/97, and based on a recommendation from the Commission, the Council on 14 March 2006 immediately took a Decision under Article 104(9) of the Treaty giving notice to Germany to take measures for the deficit reduction judged necessary in order to remedy the situation of excessive deficit as rapidly as possible and at the latest by 2007 (5). Specifically, the Council decided that in 2006 and 2007 Germany should ensure a cumulative improvement in its cyclically-adjusted balance net of one-off and temporary measures by at least one percentage point.

               (5)

               In accordance with Article 104(12) of the Treaty, a Council Decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected.

               (6)

               Based on data provided by the Commission (Eurostat) in accordance with Article 8g(1) of Regulation (EC) No 3605/93 following the notification by Germany before 1 April 2007 and on the Commission services’ spring 2007 forecast, the following conclusions are warranted:

                           —

                           the general government deficit, after rising from 3,7 % of GDP in 2002 to 4,0 % of GDP in 2003, was reduced to 3,7 % of GDP in 2004, to 3,2 % of GDP in 2005, and finally to 1,7 % of GDP in 2006. This is lower than the target of 3,3 % of GDP set in the February 2006 update of the stability programme and well below the 3 % of GDP deficit reference value one year before the time limit set by the Council,

                           —

                           in previous years of favourable cyclical conditions, Germany had not created enough budgetary leeway to accommodate the extended slow growth period between 2002 and 2005 with average real GDP growth at 0,5 % per year. A series of tax cuts, carried out until 2005, burdened the budget further, while offsetting measures on the expenditure side were implemented only with some delay. Consolidation measures included restraint in public sector wages, accompanied by a reduction in staff levels, the reform of the public health system in 2004, a reduction of subsidies and public investment, but also the fact that low wage growth in the private sector dampened pension outlays. Furthermore, in 2006, direct taxes, especially those related to profits, yielded stronger revenues than economic developments would have suggested. The cyclically-adjusted balance improved from 2002 onwards, without recourse to significant one-off measures. Particularly in 2006, the estimated structural balance, excluding one-off and other temporary measures, as a percentage of GDP improved by close to one percentage point,

                           —

                           for 2007, the Commission services’ spring 2007 forecast projects that the deficit will be reduced further to 0,6 % of GDP, driven by continuing high GDP growth and, in particular, the increase in the standard VAT rate from 16 % to 19 % as of January 2007. No one-offs are envisaged. In the spring 2007 notification, the German authorities estimated the 2007 deficit at 1,2 % of GDP. Moreover, the Commission services project an improvement in the structural balance as a percentage of GDP amounting to  percentage point in 2007. Thus, Germany appears to comply with the recommended improvement in the structural balance of at least one percentage point in 2006 and 2007 in cumulative terms. For 2008, the spring forecast projects, with unchanged policies, a further decline in the deficit to 0,3 % of GDP. This indicates that the deficit has been brought below the 3 % of GDP ceiling in a credible and sustainable manner. With unchanged policies, the structural deficit is expected to decline only marginally in 2008. This should be seen against the need to make progress towards the medium-term objective for the budgetary position, which for Germany is a balanced budget in structural terms,

                           —

                           after rising from 60,3 % of GDP in 2002 to a peak of 67,9 % of GDP in 2005, the debt ratio stabilised in 2006 and is projected to decline to 65,4 % of GDP in 2007 and to about 63 % by 2008 on a no-policy change basis according to the Commission services’ spring 2007 forecast, thus coming closer to the reference value more rapidly than projected in the most recent update of the stability programme.

               (7)

               In the view of the Council, the excessive deficit in Germany has been corrected and Decision 2003/89/EC should therefore be abrogated,

         HAS ADOPTED THIS DECISION:
   Article 1
   From an overall assessment it follows that the excessive deficit situation in Germany has been corrected.
   Article 2
   Decision 2003/89/EC is hereby abrogated.
   Article 3
   This Decision is addressed to the Federal Republic of Germany.

      Done at Luxembourg, 5 June 2007.

            For the Council

            The President

         P. STEINBRÜCK

      (1)  OJ L 34, 11.2.2003, p. 16.

      (2)  OJ L 209, 2.8.1997, p. 6. Regulation as amended by Regulation (EC) No 1056/2005 (OJ L 174, 7.7.2005, p. 5).

      (3)  Case C-27/04, Commission v Council, [2004] ECR I-6649.

      (4)  OJ L 332, 31.12.1993, p. 7. Regulation as last amended by Regulation (EC) No 2103/2005 (OJ L 337, 22.12.2005, p. 1).

      (5)  Council Decision 2006/344/EC (OJ L 126, 13.5.2006, p. 20).


title: Council Decision 2009/917/JHA of 30 November 2009 on the use of information technology for customs purposes

text:
               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 Convention of 26 July 1995 on the use of information technology for customs purposes (hereinafter the CIS Convention) (4) entered into force has shown that the use of the Customs Information System for the sole purposes of sighting and reporting, discreet surveillance or specific checks does not make it possible to achieve fully the system’s objective, which is to assist in preventing, investigating and prosecuting serious contraventions of national laws.

               (10)

               A strategic analysis should help those responsible at the highest level to determine projects, objectives and policies for combating fraud, to plan activities and to deploy the resources needed to achieve the operational objectives.

               (11)

               An operational analysis of the activities, resources and intentions of certain persons or businesses that do not comply or appear not to comply with national laws should help the customs authorities to take the appropriate measures in specific cases to achieve the objectives as regards the fight against fraud.

               (12)

               The CIS Convention should therefore be replaced.

               (13)

               This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

               (14)

               This Decision does not prevent the Member States from applying their constitutional rules relating to public access to official documents,

         HAS DECIDED AS FOLLOWS:
   CHAPTER I

      ESTABLISHMENT OF A CUSTOMS INFORMATION SYSTEM

   Article 1
   1.   A joint automated information system for customs purposes (hereinafter referred to as the ‘Customs Information System’ or the ‘System’) is hereby established.
   2.   The aim of the Customs Information System, in accordance with this Decision, shall be to assist in preventing, investigating and prosecuting serious contraventions of national laws by making information available more rapidly, thereby increasing the effectiveness of the cooperation and control procedures of the customs administrations of the Member States.
   CHAPTER II

      DEFINITIONS

   Article 2
   For the purposes of this Decision:

               1.

               ‘national laws’ mean laws or regulations of a Member State, in the application of which the customs administration of that Member State has total or partial competence, concerning:

                           (a)

                           the movement of goods subject to measures of prohibition, restriction or control, in particular those measures covered by Articles 30 and 296 of the Treaty establishing the European Community (the EC Treaty);

                           (b)

                           measures to control cash movements within the Community, where such measures are taken in accordance with Article 58 of the EC Treaty;

                           (c)

                           the transfer, conversion, concealment, or disguise of property or proceeds acquired or obtained directly or indirectly through illicit international drug trafficking or by infringement of:

                                       (i)

                                       the laws, regulations or administrative provisions of a Member State in the application of which the customs administration of that Member State has partial or total competence, concerning the cross-border movement of goods subject to measures of prohibition, restriction or control, in particular those measures referred to in Articles 30 and 296 of the EC Treaty, and non-harmonised excise duties;

                                       (ii)

                                       the body of Community provisions and associated implementing provisions governing the import, export, transit and presence of goods traded between Member States and third countries, and between Member States in the case of goods that do not have Community status within the meaning of Article 23 of the EC Treaty or goods subject to additional controls or investigations for the purposes of establishing their Community status;

                                       (iii)

                                       the body of provisions adopted at Community level under the common agricultural policy and the specific provisions adopted with regard to goods resulting from the processing of agricultural products; or

                                       (iv)

                                       the body of provisions adopted at Community level for harmonised excise duties and for value-added tax on importation together with the national provisions implementing them, or those which have been used in that context;

               2.

               ‘personal data’ mean any information relating to an identified or identifiable natural person (data subject), whereby an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;

               3.

               ‘supplying Member State’ means a Member State which enters an item of data into the Customs Information System;

               4.

               ‘operational analysis’ means analysis of operations which constitute, or appear to constitute, breaches of national laws, involving the following stages:

                           (a)

                           the collection of information, including personal data;

                           (b)

                           evaluation of the reliability of the information source and the information itself;

                           (c)

                           research, methodical presentation and interpretation of links between these items of information or between them and other significant data;

                           (d)

                           the formulation of observations, hypotheses or recommendations directly usable as risk information by the competent authorities to prevent and detect other operations in breach of national laws and/or to identify with precision the person or businesses implicated in such operations;

               5.

               ‘strategic analysis’ means research and presentation of the general trends in breaches of national laws through an evaluation of the threat, scale and impact of certain types of operation in breach of national laws, with a view to setting priorities, gaining a better picture of the phenomenon or threat, reorienting action to prevent and detect fraud and reviewing departmental organisation. Only data from which identifying factors have been removed may be used for strategic analysis.

         CHAPTER III

      OPERATION AND USE OF THE CUSTOMS INFORMATION SYSTEM

   Article 3
   1.   The Customs Information System shall consist of a central database facility, accessible through terminals in each Member State. It shall comprise exclusively data necessary to achieve its aim as stated in Article 1(2), including personal data, in the following categories:

               (a)

               commodities;

               (b)

               means of transport;

               (c)

               businesses;

               (d)

               persons;

               (e)

               fraud trends;

               (f)

               availability of expertise;

               (g)

               items detained, seized or confiscated;

               (h)

               cash detained, seized or confiscated.

         2.   The Commission shall ensure the technical management of the infrastructure of the Customs Information System in accordance with the rules provided for by the implementing measures adopted by the Council.
   The Commission shall report on management to the Committee referred to in Article 27.
   3.   The Commission shall communicate to that Committee the practical arrangements adopted for technical management.
   Article 4
   1.   Member States shall determine the items to be entered into the Customs Information System relating to each of the categories referred to in Article 3(1), to the extent that this is necessary to achieve the aim of the System. No items of personal data shall be entered in any event within the category set out in Article 3(1)(e).
   2.   With regard to the categories set out in Article 3(1)(a) to (d), the items of information entered in respect of persons shall comprise no more than:

               (a)

               name, maiden name, forenames, former surnames and aliases;

               (b)

               date and place of birth;

               (c)

               nationality;

               (d)

               sex;

               (e)

               number and place and date of issue of the identity papers (passports, identity cards, driving licences);

               (f)

               address;

               (g)

               any particular objective and permanent physical characteristics;

               (h)

               reason for entering data;

               (i)

               suggested action;

               (j)

               a warning code indicating any history of being armed, violent or of escaping;

               (k)

               registration number of the means of transport.

         3.   With regard to the category set out in Article 3(1)(f), the items of information entered in respect of persons shall comprise no more than the experts surnames and forenames.
   4.   With regard to the categories set out in Article 3(1)(g) and (h), the items of information entered in respect of persons shall comprise no more than:

               (a)

               name, maiden name, forenames, former surnames and aliases;

               (b)

               date and place of birth;

               (c)

               nationality;

               (d)

               sex;

               (e)

               address.

         5.   In no case shall personal data listed in Article 6 of the Framework Decision 2008/977/JHA be entered into the Customs Information System.
   Article 5
   1.   Data in the categories referred to in Article 3(1)(a) to (g) shall be entered into the Customs Information System only for the purpose of sighting and reporting, discreet surveillance, specific checks and strategic or operational analysis.
   Data in the category referred to in Article 3(1)(h) shall be entered into the Customs Information System only for the purpose of strategic or operational analysis.
   2.   For the purpose of the actions referred to in paragraph 1, personal data in any of the categories referred to in Article 3(1) may be entered into the Customs Information System only if there are real indications, in particular on the basis of prior illegal activities, to suggest that the person concerned has committed, is in the act of committing or will commit serious contraventions of national laws.
   Article 6
   1.   If the actions referred to in Article 5(1) are carried out, the following information may in whole or in part be collected and transferred to the supplying Member State:

               (i)

               the fact that the commodity, means of transport, business or person reported has been found;

               (ii)

               the place, time and reason for the check;

               (iii)

               the route and destination of the journey;

               (iv)

               persons accompanying the person concerned or occupants of the means of transport;

               (v)

               the means of transport used;

               (vi)

               objects carried;

               (vii)

               the circumstances under which the commodity, means of transport, business or person was found.

         When such information is collected in the course of discreet surveillance, steps have to be taken to ensure that the discreet nature of the surveillance is not jeopardised.
   2.   In the context of a specific check referred to in Article 5(1), persons, means of transport and objects may be searched to the extent permissible and in accordance with the laws, regulations and procedures of the Member State in which the search takes place. If the specific check is not permitted by the law of a Member State, it shall automatically be converted by that Member State into sighting and reporting or discreet surveillance.
   Article 7
   1.   Direct access to data entered into the Customs Information System shall be reserved to the national authorities designated by each Member State. Those national authorities shall be customs administrations, but may also include other authorities competent, according to the laws, regulations and procedures of the Member State in question, to act in order to achieve the aim stated in Article 1(2).
   2.   Each Member State shall send the other Member States and the Committee referred to in Article 27 a list of its competent authorities which have been designated in accordance with paragraph 1 of this Article to have direct access to the Customs Information System stating, for each authority, to which data it may have access and for what purposes.
   3.   Notwithstanding paragraphs 1 and 2, the Council may, by a unanimous decision, permit access to the Customs Information System by international or regional organisations. In making this decision the Council shall take account of any reciprocal arrangements and any opinion on the adequacy of data protection measures by the Joint Supervisory Authority referred to in Article 25.
   Article 8
   1.   Member States, Europol and Eurojust may use data obtained from the Customs Information System only in order to achieve the aim stated in Article 1(2). However, they may use it for administrative or other purposes with the prior authorisation of, and subject to any conditions imposed by, the Member State which entered the data in the System. Such other use shall be in accordance with the laws, regulations and procedures of the Member State which seeks to use it in accordance with Article 3(2) of Framework Decision 2008/977/JHA, and should take into account Principle 5.2.i of the Recommendation No R (87) 15.
   2.   Without prejudice to paragraphs 1 and 4 of this Article, Article 7(3) and Articles 11 and 12, data obtained from the Customs Information System shall only be used by national authorities in each Member State designated by the Member State in question, which are competent, in accordance with the laws, regulations and procedures of that Member State, to act in order to achieve the aim stated in Article 1(2).
   3.   Each Member State shall send the other Member States and the Committee referred to in Article 27 a list of the competent authorities it has designated in accordance with paragraph 2 of this Article.
   4.   Data obtained from the Customs Information System may, with the prior authorisation of, and subject to any conditions imposed by, the Member State which entered them into the System, be transferred for use by national authorities other than those designated under paragraph 2 of this Article, third countries, and international or regional organisations wishing to make use of them. Each Member State shall take special measures to ensure the security of such data when they are being transferred to services located outside its territory. Details of such measures have to be communicated to the Joint Supervisory Authority referred to in Article 25.
   Article 9
   1.   The entry of data into the Customs Information System shall be governed by the laws, regulations and procedures of the supplying Member State unless this Decision lays down more stringent provisions.
   2.   The use of data obtained from the Customs Information System, including performance of any action under Article 5(1) suggested by the supplying Member State, shall be governed by the laws, regulations and procedures of the Member State using such data, unless this Decision lays down more stringent provisions.
   Article 10
   1.   Each Member State shall designate a competent customs administration which shall have national responsibility for the Customs Information System.
   2.   The administration referred to in paragraph 1 shall be responsible for the correct operation of the Customs Information System within the Member State and shall take the measures necessary to ensure compliance with this Decision.
   3.   Member States shall inform one another of the administration referred to in paragraph 1.
   Article 11
   1.   Europol shall, within its mandate and for the fulfilment of its tasks, have the right to have access to the data entered into the Customs Information System in accordance with Articles 1, 3 to 6 and 15 to 19 and to search those data.
   2.   Where a search by Europol reveals the existence of a match between information processed by Europol and an entry in the Customs Information System, Europol shall, through the channels defined in Council Decision 2009/371/JHA of 6 April 2009 establishing a European Police Office (Europol) (5), inform the Member State which made the entry.
   3.   Use of information obtained from a search in the Customs Information System is subject to the consent of the Member State which entered the data into the System. If that Member State allows the use of such information, the handling thereof shall be governed by the Decision 2009/371/JHA. Europol may transfer such information to third countries and third bodies only with the consent of the Member State which entered the data into the System.
   4.   Europol may request further information from the Member States concerned, in accordance with the Decision 2009/371/JHA.
   5.   Without prejudice to paragraphs 3 and 4, Europol shall not connect the parts of the Customs Information System to which it has access to any computer system for data collection and processing operated by or at Europol, nor transfer the data contained therein to any such system, nor download or otherwise copy any part of the Customs Information System.
   Europol shall limit access to data entered into the Customs Information System to duly authorised staff of Europol.
   Europol shall allow the Joint Supervisory Body, set up under Article 34 of the Decision 2009/371/JHA, to review the activities of Europol in the exercise of its right to accede to and to search data entered into the Customs Information System.
   6.   Nothing in this Article shall be interpreted as affecting the provisions of the Decision 2009/371/JHA concerning data protection and the liability for any unauthorised or incorrect processing of such data by Europol staff, or as affecting the powers of the Joint Supervisory Body set up pursuant to that Decision.
   Article 12
   1.   The national members of Eurojust, their deputies, assistants and specifically authorised staff shall, within their mandate and for the fulfilment of Eurojust’s tasks, have the right to have access to the data entered into the Customs Information System in accordance with Articles 1, 3 to 6 and 15 to 19 and to search those data.
   2.   Where a search by a national member of Eurojust, their deputies, assistants or specifically authorised staff reveals the existence of a match between information processed by Eurojust and an entry in the Customs Information System, he or she shall inform the Member State which made the entry. Any communication of information obtained from such a search may be communicated to third countries and third bodies only with the consent of the Member State which made the entry.
   3.   Nothing in this Article shall be interpreted as affecting the provisions of Council Decision 2009/426/JHA of 16 December 2008 on the strengthening of Eurojust and amending Decision 2002/187/JHA setting up Eurojust with a view to reinforcing the fight against serious crime (6) which concern data protection and the liability for any unauthorised or incorrect processing of such data by national members of Eurojust, their deputies, assistants and specifically authorised staff, or as affecting the powers of the Joint Supervisory Body set up pursuant to that Decision.
   4.   No parts of the Customs Information System to which the national members of Eurojust, their deputies, assistants and specifically authorised staff have access shall be connected to any computer system for data collection and processing in operation by or at Eurojust, nor shall any data contained in the former be transferred to the latter, nor shall any part of the Customs Information System be downloaded.
   5.   Access to data entered in the Customs Information System shall be limited to the national members of Eurojust, their deputies, assistants and specifically authorised staff and shall not be extended to other Eurojust staff.
   CHAPTER IV

      AMENDMENT OF DATA

   Article 13
   1.   Only the supplying Member State shall have the right to amend, supplement, rectify or erase data which it has entered in the Customs Information System.
   2.   Should a supplying Member State note, or have drawn to its attention, that the data it entered are factually inaccurate or were entered, or are stored contrary to this Decision, it shall amend, supplement, rectify or erase the data, as appropriate, and shall inform the other Member States, Europol and Eurojust accordingly.
   3.   If a Member State, Europol or Eurojust has evidence to suggest that an item of data is factually inaccurate, or was entered or is stored in the Customs Information System, contrary to this Decision, it shall inform thereof the supplying Member State as soon as possible. The latter shall check the data concerned and, if necessary, rectify or erase the item without delay. The supplying Member State shall inform the other Member States, Europol and Eurojust of any rectification or erasure effected.
   4.   If, when entering data in the Customs Information System, a Member State notes that its report conflicts with a previous report as to content or suggested action, it shall immediately inform thereof the Member State which made the previous report. The two Member States shall then attempt to resolve the matter. In the event of disagreement, the first report shall stand, but those parts of the new report which do not conflict with the first report shall be entered in the System.
   5.   Subject to this Decision, where in any Member State a court, or other competent authority within that Member State, makes a final decision as to amendment, supplementation, rectification or erasure of data in the Customs Information System, the Member States undertake mutually to enforce such a decision. In the event of conflict between such decisions of courts or other competent authorities in different Member States, including those referred to in Article 23(1), concerning rectification or erasure, the Member State which entered the data in question shall erase them from the System.
   CHAPTER V

      RETENTION OF DATA

   Article 14
   1.   Data entered into the Customs Information System shall be kept only for the time necessary to achieve the purpose for which they were entered. The need for their retention shall be reviewed at least annually by the supplying Member State.
   2.   The supplying Member State may, within the review period, decide to retain data until the next review if their retention is necessary for the purposes for which they were entered. Without prejudice to Articles 22 and 23, if there is no decision to retain data, they shall automatically be transferred to that part of the Customs Information System to which access shall be limited in accordance with paragraph 4 of this Article.
   3.   The Customs Information System shall automatically inform the supplying Member State of a scheduled transfer of data from the Customs Information System under paragraph 2, giving one month’s notice.
   4.   Data transferred under paragraph 2 of this Article shall continue to be retained for one year within the Customs Information System but, without prejudice to Articles 22 and 23, shall be accessible only to a representative of the Committee referred to in Article 27 or to the supervisory authorities referred to in Articles 24 and 25(1). During that period they may consult the data only for the purposes of checking their accuracy and lawfulness, after which the data have to be erased.
   CHAPTER VI

      CREATION OF A CUSTOMS FILES IDENTIFICATION DATABASE

   Article 15
   1.   The Customs Information System shall contain data in accordance with this Chapter, in addition to data contained in accordance with Article 3, in a special database (hereinafter referred to as the customs files identification database). Without prejudice to the provisions of this Chapter and of Chapters VII and VIII, all the provisions of this Decision shall also apply to the customs files identification database. However, the exception in Article 21(2) shall not apply.
   2.   The aim of the customs files identification database shall be to enable the national authorities responsible for carrying out customs investigations designated pursuant to Article 7, when opening a file on or investigating one or more persons or businesses, and for Europol and Eurojust, to identify competent authorities of other Member States which are investigating or have investigated those persons or businesses, in order, through information on the existence of investigation files, to achieve the aim referred to in Article 1(2).
   3.   For the purposes of the customs files identification database, each Member State shall send the other Member States, Europol, Eurojust and the Committee referred to in Article 27 a list of serious contraventions of its national laws.
   This list shall comprise only contraventions that are punishable:

               (a)

               by deprivation of liberty or a detention order for a maximum period of not less than 12 months; or

               (b)

               by a fine of at least EUR 15 000.

         4.   If the Member State retrieving data from the customs files identification database requires further information on the stored investigation file on a person or a business, it shall request the assistance of the supplying Member State on the basis of the instruments in force relating to mutual assistance.
   CHAPTER VII

      OPERATION AND USE OF THE CUSTOMS FILES IDENTIFICATION DATABASE

   Article 16
   1.   Data from investigation files will be entered into the customs files identification database only for the purposes set out in Article 15(2). The data shall only cover the following categories:

               (a)

               a person or a business which is or has been the subject of an investigation file opened by a competent authority of a Member State, and which:

                           (i)

                           in accordance with the national law of the Member State concerned, is suspected of committing or having committed, or participating or having participated in the commission of, a serious infringement of national laws;

                           (ii)

                           has been the subject of a report establishing that such an infringement has taken place; or

                           (iii)

                           has been the subject of an administrative or judicial sanction for such an infringement;

               (b)

               the field covered by the investigation file;

               (c)

               the name, nationality and contact information of the Member State’s authority handling the case, together with the file number.

         Data referred to in points (a) to (c) shall be entered in a data record separately for each person or business. Links between data records shall not be permitted.
   2.   The personal data referred to in paragraph 1(a) shall consist of only the following:

               (a)

               for persons: name, maiden name, forenames, former surnames and aliases, date and place of birth, nationality and sex;

               (b)

               for businesses: business name, name under which trade is conducted, address, VAT identifier and excise duties identification number.

         3.   Data shall be entered for a limited period in accordance with Article 19.
   Article 17
   A Member State shall not be obliged to make entries pursuant to Article 16 in any particular case if, and for such time as, this would harm public policy or other essential interests, especially as this would present an immediate and serious threat to its public security or to the public security of another Member State or a third country; or where other essential interests of equal importance are at stake; or where such entries could pose serious harm to the rights of individuals or would prejudice an ongoing investigation.
   Article 18
   1.   Entry of data in the customs files identification database and consultation thereof shall be reserved to the authorities referred to in Article 15(2).
   2.   Any consultation concerning the customs files identification database shall cover the following personal data:

               (a)

               for persons: forename, and/or name, and/or maiden name, and/or former surnames, and/or aliases, and/or date of birth;

               (b)

               for businesses: business name, and/or name under which trade is conducted, and/or address, and/or VAT identifier, and/or excise duties identification number.

         CHAPTER VIII

      PERIOD OF RETENTION OF DATA IN THE CUSTOMS FILES IDENTIFICATION DATABASE

   Article 19
   1.   Storage periods shall be determined in accordance with the laws, regulations and procedures of the Member State entering the data. However, the following time limits, starting on the date on which the data were entered in the file, shall not be exceeded:

               (a)

               data relating to current investigation files shall not be retained beyond a period of three years if it has not been established that an infringement has taken place within that time period. The data shall be erased before the expiry of the three-year period if 12 months have passed since the last investigative act;

               (b)

               data relating to investigation files which have established that an infringement has taken place but which have not yet led to a conviction or to imposition of a fine shall not be retained beyond a period of six years;

               (c)

               data relating to investigation files which have led to a conviction or a fine shall not be retained beyond a period of 10 years.

         2.   At all stages of an investigation as referred to in points (a) to (c) of paragraph 1, as soon as a person or business within the scope of Article 16 is eliminated from an investigation pursuant to the laws and administrative regulations of the supplying Member State, all data relating to that person or business shall be erased immediately.
   3.   Data shall automatically be erased from the customs files identification database as from the date on which the data retention periods laid down in paragraph 1 are exceeded.
   CHAPTER IX

      PERSONAL DATA PROTECTION

   Article 20
   Framework Decision 2008/977/JHA shall apply to the protection of the data exchange in accordance with this Decision unless otherwise provided in this Decision.
   Article 21
   1.   Data may be duplicated only for technical purposes, provided that such duplication is necessary for direct searching by the authorities referred to in Article 7.
   2.   Subject to Article 8(1), personal data entered by other Member States may not be copied from the Customs Information System into other national data files, except those copies held in systems of risk management used to direct national customs controls or copies held in an operational analysis system used to coordinate actions. Such copies may be made to the extent necessary for specific cases or investigations.
   3.   In the two exceptional cases provided for in paragraph 2, only the analysts authorised by the national authorities of each Member State shall be empowered to process personal data obtained from the Customs Information System within the framework of a risk management system used to direct customs controls by national authorities or of an operational analysis system used to coordinate actions.
   4.   Each Member State shall send other Member States and the Committee referred to in Article 27 a list of the risk-management departments whose analysts are authorised to copy and process personal data entered in the Customs Information System.
   5.   Personal data copied from the Customs Information System shall be kept only for the time necessary to achieve the purpose for which they were copied. The need for their retention shall be reviewed at least annually by the Member State which carried out the copying. The storage period shall not exceed ten years. Personal data which are not necessary for the continuation of the operational analysis shall be erased immediately or have any identifying factors removed.
   Article 22
   The rights of persons with regard to personal data in the Customs Information System, in particular their right of access, to rectification, erasure or blocking shall be exercised in accordance with the laws, regulations and procedures of the Member State implementing Framework Decision 2008/977/JHA in which such rights are invoked. Access shall be refused to the extent that such refusal is necessary and proportionate in order not to jeopardise any ongoing national investigations, or during the period of discreet surveillance or sighting and reporting. When the applicability of such an exemption is assessed, the legitimate interests of the person concerned shall be taken into account.
   Article 23
   1.   In the territory of each Member State, any person may, in accordance with the laws, regulations and procedures of the Member State in question, bring an action or, if appropriate, a complaint before the courts or the authority competent under the laws, regulations and procedures of that Member State concerning personal data relating to himself on the Customs Information System, in order to:

               (a)

               rectify or erase factually inaccurate personal data;

               (b)

               rectify or erase personal data entered or stored in the Customs Information System contrary to this Decision;

               (c)

               obtain access to personal data;

               (d)

               block personal data;

               (e)

               obtain compensation pursuant to Article 30(2).

         2.   Without prejudice to the provisions of Article 31, the Member States concerned undertake mutually to enforce the final decisions taken by a court, or other competent authority, pursuant to points (a) to (c) of paragraph 1 of this Article.
   Article 24
   Each Member State shall designate a national supervisory authority or authorities responsible for personal data protection to carry out independent supervision of such data included in the Customs Information System in accordance with Framework Decision 2008/977/JHA.
   Article 25
   1.   A Joint Supervisory Authority shall be set up, consisting of two representatives from each Member State’s respective independent national supervisory authority or authorities.
   2.   The Joint Supervisory Authority shall monitor and ensure the application of the provisions of this Decision and Framework Decision 2008/977/JHA as concerns the protection of natural persons with respect to the processing of personal data through the Customs Information System.
   3.   To that end, the Joint Supervisory Authority shall be competent to supervise operation of the Customs Information System, to examine any difficulties of application or interpretation which may arise during its operation, to study problems which may arise with regard to the exercise of independent supervision by the national supervisory authorities of the Member States, or in the exercise of rights of access by individuals to the System, and to draw up proposals for the purpose of finding joint solutions to problems.
   4.   For the purpose of fulfilling its responsibilities, the Joint Supervisory Authority shall have access to the Customs Information System.
   5.   Reports drawn up by the Joint Supervisory Authority shall be forwarded to the authorities to which the national supervisory authorities submit their reports, to the European Parliament and the Council.
   Article 26
   1.   The European Data Protection Supervisor shall supervise the activities of the Commission regarding the Customs Information System. The duties and powers referred to in Articles 46 and 47 of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7) shall apply accordingly.
   2.   The Joint Supervisory Authority and the European Data Protection Supervisor, each acting within the scope of their respective competences, shall cooperate in the framework of their responsibilities and shall ensure coordinated supervision of the Customs Information System, including for issuing relevant recommendations.
   3.   The Joint Supervisory Authority and the European Data Protection Supervisor shall meet for that purpose at least once a year. The costs and servicing of these meetings shall be for the account of the European Data Protection Supervisor.
   CHAPTER X

      INSTITUTIONAL FRAMEWORK

   Article 27
   1.   A Committee consisting of representatives from the customs administrations of the Member States shall be set up. The Committee shall take its decisions unanimously where the provisions of paragraph 2(a) are concerned and by a two-thirds majority where the provisions of paragraph 2(b) are concerned. It shall adopt its rules of procedure by unanimity.
   2.   The Committee shall be responsible:

               (a)

               for the implementation and correct application of the provisions of this Decision, without prejudice to the powers of the authorities referred to in Articles 24, 25(1) and 26(1);

               (b)

               for the proper functioning of the Customs Information System with regard to technical and operational aspects. The Committee shall take all necessary steps to ensure that the measures set out in Articles 14 and 28 are properly implemented with regard to the Customs Information System.

         For the purpose of applying this paragraph, the Committee may have direct access to, and use of, data from the Customs Information System.
   3.   The Committee shall report annually to the Council, in accordance with Title VI of the Treaty on European Union, regarding the efficiency and effectiveness of the Customs Information System, making recommendations as necessary. That report shall be sent to the European Parliament for information.
   4.   The Commission shall take part in the Committee’s proceedings.
   CHAPTER XI

      SECURITY OF THE CUSTOMS INFORMATION SYSTEM

   Article 28
   1.   All necessary administrative measures to maintain security shall be taken:

               (a)

               by the competent authorities of the Member States in respect of the terminals of the Customs Information System in their respective Member States and by Europol and Eurojust;

               (b)

               by the Committee referred to in Article 27 in respect of the Customs Information System and the terminals located on the same premises as the System and used for technical purposes and the checks required by paragraph 3 of this Article.

         2.   In particular the competent authorities, Europol, Eurojust and the Committee referred to in Article 27 shall take measures:

               (a)

               to prevent any unauthorised person from having access to installations used for the processing of data;

               (b)

               to prevent data and data media from being read, copied, modified or removed by unauthorised persons;

               (c)

               to prevent the unauthorised entry of data and any unauthorised consultation, modification or erasure of data;

               (d)

               to prevent data in the Customs Information System from being accessed by unauthorised persons by means of data transmission equipment;

               (e)

               to guarantee that, with respect to the use of the Customs Information System, authorised persons have right of access only to data for which they have competence;

               (f)

               to guarantee that it is possible to check and establish to which authorities data may be transmitted by data-transmission equipment;

               (g)

               to guarantee that it is possible to check and establish a posteriori what data have been entered in the Customs Information System, when and by whom, and to monitor searches;

               (h)

               to prevent the unauthorised reading, copying, modification or erasure of data during the transmission of data and the transport of data media.

         3.   The Committee referred to in Article 27 shall monitor queries of the Customs Information System for the purpose of checking that searches made were admissible and were made by authorised users. At least 1 % of all searches made shall be checked. A record of such searches and checks shall be maintained in the System and shall be used only for the abovementioned purpose by that Committee and the supervisory authorities referred to in Articles 24 and 25. It shall be erased after six months.
   Article 29
   The competent customs administration referred to in Article 10(1) shall be responsible for the security measures set out in Article 28, in relation to the terminals located in the territory of the Member State concerned, the review functions set out in Article 14(1) and (2) and Article 19, and otherwise for the proper implementation of this Decision so far as is necessary under the laws, regulations and procedures of that Member State.
   CHAPTER XII

      RESPONSIBILITIES AND LIABILITIES

   Article 30
   1.   Each Member State shall ensure that the data it has entered into the Customs Information System in accordance with Articles 3, 4(1) and 8 of Framework Decision 2008/977/JHA are accurate, up to date, complete, reliable and entered lawfully.
   2.   Each Member State shall be liable in accordance with its national law for any damage caused to a person through the use of the Customs Information System. This shall also apply to damage caused by a Member State entering inaccurate data or entering or storing data unlawfully.
   3.   If a recipient Member State pays compensation for damage caused by the use of inaccurate data entered into the Customs Information System by another Member State, the latter Member States shall refund to the recipient Member State the amount paid in damages, taking into account any fault that may lie with the recipient Member State.
   4.   Europol and Eurojust shall be liable in accordance with the acts which established them.
   Article 31
   1.   Costs relating to the acquisition, study, development and maintenance of central computer infrastructure (hardware), software and dedicated network connections, and to related production, support and training services, which cannot be kept separate from the operation of the Customs Information System for the purpose of applying the customs and agricultural rules of the Community, and costs relating to the use of the Customs Information System by the Member States in their territories, including communication costs, shall be borne by the general budget of the European Communities.
   2.   Costs relating to the maintenance of the national work stations/terminals incurred in the implementation of this Decision shall be borne by the Member States.
   CHAPTER XIII

      IMPLEMENTATION AND FINAL PROVISIONS

   Article 32
   The information provided for under this Decision shall be exchanged directly between the authorities of the Member States.
   Article 33
   The Member States shall ensure that their national law conforms to this Decision by 27 May 2011.
   Article 34
   1.   This Decision replaces the CIS Convention, as well as the Protocol of 12 March 1999 drawn up on the basis of Article K.3 of the Treaty on European Union, on the scope of the laundering of proceeds in the Convention on the use of information technology for customs purposes and the inclusion of the registration number of the means of transport in the Convention (8) and the Protocol of 8 May 2003 established in accordance with Article 34 of the Treaty on European Union, amending, as regards the creation of a customs files identification database, the Convention on the use of information technology for customs purposes (9) with effect from 27 May 2011.
   2.   Consequently, the CIS Convention and the Protocols referred to in paragraph 1 shall be repealed with effect from the date of application of this Decision.
   Article 35
   Unless otherwise provided in this Decision, measures implementing the CIS Convention and Protocols referred to in Article 34(1) shall be repealed with effect from 27 May 2011.
   Article 36
   1.   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   2.   It shall apply from 27 May 2011.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  Opinion of 24 November 2009 (not yet published in the Official Journal).

      (2)  OJ L 350, 30.12.2008, p. 60.

      (3)  Regulation (EC) No 766/2008 of the European Parliament and of the Council of 9 July 2008 amending Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 218, 13.8.2008, p. 48).

      (4)  OJ C 316, 27.11.1995, p. 33.

      (5)  OJ L 121, 15.5.2009, p. 37.

      (6)  OJ L 138, 4.6.2009, p. 14.

      (7)  OJ L 8, 12.1.2001, p. 1.

      (8)  OJ C 91, 31.3.1999, p. 2.

      (9)  OJ C 139, 13.6.2003, p. 2.


Avis juridique important

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31991D0116

91/116/EEC: Council Decision of 25 February 1991 setting up the European Advisory Committee on statistical information in the economic and social spheres

Official Journal L 059 , 06/03/1991 P. 0021 - 0022 Finnish special edition: Chapter 10 Volume 1 P. 0066  Swedish special edition: Chapter 10 Volume 1 P. 0066

COUNCIL DECISION  of 25 February 1991  setting up the European Advisory Committee on statistical information in the economic and social spheres  (91/116/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the draft decision submitted by the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the implementation, monitoring and assessment of Community policies depend to a great extent on the availability of reliable statistics in the economic and social spheres;  Whereas in April 1989 the Commission submitted to the Council a communication on the adoption of a Community statistical policy;  Whereas, on the basis of this communication and acting on a proposal from the Commission, after receiving the European Parliament's opinion the Council adopted on 19 June 1989 a resolution on the implementation of a plan of priority actions in the field  of statistical information for the period 1989-1992 (4);  Whereas by its Decision 89/382/Euratom (5), the Council established the Statistical Programme Committee, which comprises the representatives of the Statistical Institutes of the Member States and is chaired by a representative of the Commission (namely  the Director-General of the Statistical Office of the European Communities); whereas this committee is responsible for coordinating the work, resources, schedules and methods involved in Community and national statistical programmes;  Whereas in order to achieve the objectives set for the European Communities, in particular the establishement of the single market provided for in the Single European Act, leading representatives from the scientific, economic and social fields must be  consulted regularly with a view to determining the objectives, priorities and nature of the information required to support Community policies;  Whereas, in almost all Member States, there are consultative bodies of users and producers of statistical information concerned mainly with the problems of the countries in question;  Whereas it is therefore necessary to establish a European Advisory Committee on Economic and Social Statistical Information, made up of representatives of the producers and users of this information, whose task it will be to help the Council and the  Commission to coordinate the objectives of the Community's statistical information policy,  HAS DECIDED AS FOLLOWS:  Article 1  A European Advisory Committee on Statistical Information in the Economic and Social Spheres, hereinafter called the Committee, shall be set up. Its task shall be to assist the Council and the Commission in the coordination of the objectives  of the Community's statistical information policy, taking into account user requirements and the costs borne by the information producers.  Article 2  The Committee shall consider and make suggestions on projects to the implemented and the resources needed to achieve the objectives of the statistical information policy decided upon by the Community.  The Committee shall deliver an opinion on the Community's statistical programme and on the way in which it is designed and monitored. In particular, it shall comment on:  - the relevance of statistical programmes to the requirements of European integration, as expressed by the Community institutions, national and regional authorities and the various economic and social categories and by scientific circles;  - cooperation, at organizational and planning levels, between the various bodies which, as a whole, comprise the Community statistical infrastructure;  - the costs of the sectoral statistical programmes, including both the costs directly incurred by Community, national and regional authorities and the cost to those who have to provide the basic information;  - the resources needed to implement the sectoral statistical programmes and their conformity with the objectives.  Article 3  The Committee may be consulted by the Council and the Commission on any matter relating to statistical information policy. It shall deliver opinions or present reports to the European Parliament, the Council and the Commission whenever it  considers this necessary for the fulfilment of its task. It shall work in close cooperation with the Statistical Programme Committee and the Committee on Monetary, Financial and Balance of Payments Statistics set up by Decision 91/115/EEC (6), to which  it shall send, for information purposes, its opinions and reports, principally in so far as requests which imply new statistical works are concerned.  The Committee shall draw up an annual report on the progress of European economic and social statistical information, which shall be sent to the European Parliament, the Council, the Commission and the Economic and Social Committee.  Article 4  The Committee shall consist of:  - four members representing the Commission, one of whom shall be the Member of the Commission responsible for statistical information policy;  - the Chairman of the Committee on Monetary, Financial and Balance of Payments Statistics;  - the twelve Presidents or Directors-General of the national statistical institutes of the Member States;  - twenty-four members (two per Member State) appointed by the Council, after consulting the Commission, from among leading representatives of the various economic and social categories and scientific circles. With a view to the appointment of these  members, each Member State shall provide the Council with a list comprising four candidates. The Council shall take account of the need for the various economic and social categories and the scientific field to be adequately represented.  Article 5  The members appointed by the Council shall hold office for a four-year term, which shall be renewable. They shall hold office in a personal and honorary capacity. The list of members shall be published in the Official Journal of the European  Communities, C series.  Article 6  The Committee shall be chaired by the Member of the Commission responsible for statistical information policy.  It shall elect a vice-chairman from among its members for a two-year term of office which shall be renewable once.  Secretarial services shall be provided by the Statistical Office of the European Communities.  Article 7  The Chairman shall convene the Committee whenever necessary and at least once a year, either on his own initiative or at the request of a minimum of one-third of its members.  Article 8  The Chairman may invite the Commission Directors-General involved in the subjects under discussion to attend the meetings as observes, or any other person able to contribute to the discussions.  Article 9  The Committee shall take decisions which shall be considered valid if at least half of the members are present. A member may delegate his vote to another member and may represent no more than two members.  Article 10  The Committee shall draw up its own rules of procedure. Done at Brussels, 25 February 1991. For the Council  The President  J.-C. JUNCKER  (1) OJ No C 208, 21. 8. 1990, p. 9. (2) OJ No C 19, 28. 1. 1991. (3) OJ No C 31, 6. 2. 1991, p. 25. (4) OJ No C 161, 28. 6. 1989, p. 1. (5) OJ No L 181, 28. 6. 1989, p. 47. (6) See page 19 of this Official Journal.


title: 2005/398/EC: Council Decision of 10 May 2005 on the conclusion of a Cooperation Agreement between the European Community and the Principality of Andorra

text:
               28.5.2005

               EN

               Official Journal of the European Union

               L 135/12

         COUNCIL DECISION
   of 10 May 2005
   on the conclusion of a Cooperation Agreement between the European Community and the Principality of Andorra
   (2005/398/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 71, 137, 149, 150, 151, 152, 156, 159, 161 and 175 thereof, in conjunction with the second sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The Community is determined to strengthen existing relations with Andorra, which are at present governed by an Agreement signed in Luxembourg on 28 June 1990, establishing a customs union.

               (2)

               Following the Council authorisation of 24 February 1997, the Commission has concluded negotiations with Andorra on an agreement which covers a wide range of sectors of cooperation.

               (3)

               In accordance with a Council Decision of 25/26 October 2004, and subject to its conclusion at a later date, the Agreement was signed on behalf of the European Community on 15 November 2004.

               (4)

               Certain tasks have been attributed to the Cooperation Committee established under the Agreement. The power to undertake these tasks on behalf of the Community should be delegated to the Commission.

               (5)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Cooperation Agreement between the European Community and the Principality of Andorra is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall, on behalf of the Community, give the notification provided for in Article 14 of the Agreement (2).
   Article 3
   1.   The Community shall be represented in the Cooperation Committee set up under Article 9 of the Agreement by the Commission, assisted by the representatives of the Member States.
   2.   The position of the Community with regard to decisions to be taken by the Cooperation Committee shall be determined by the Commission, following consultation of the representatives of Member States.

      Done at Brussels, 10 May 2005.

            For the Council

            The President

         J. KRECKÉ

      (1)  Opinion of 22 February 2005 (not yet published in the Official Journal).

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
   COOPERATION AGREEMENT
   between the European Community and the Principality of Andorra
   THE EUROPEAN COMMUNITY
   of the one part,
   THE PRINCIPALITY OF ANDORRA
   of the other part,
   RESOLVED to consolidate and extend the existing close relations between the European Community and the Principality of Andorra,
   CONSIDERING that trade relations between the European Community and the Principality of Andorra are governed by the Agreement in the form of an Exchange of Letters signed in Luxembourg on 28 June 1990, which establishes a customs union,
   CONSIDERING that European integration has made considerable progress since that date,
   CONSIDERING the exceptional situation of the Principality of Andorra, which is surrounded by the territory of the European Union but is not a member of it,
   CONSIDERING the desire of the Principality of Andorra to play a greater part in the current integration of Europe and therefore to expand the scope of its relations with the European Union,
   CONSIDERING that the European Community and the Principality of Andorra should conclude an agreement to provide the broadest possible basis for their cooperation in all areas of common interest within their fields of competence,
   HAVE AGREED AS FOLLOWS:
   PRINCIPLES
   Article 1
   The European Community and the Principality of Andorra (hereinafter the Contracting Parties) undertake, within the limits of their respective powers, to cooperate on the broadest possible basis and to their mutual advantage in matters of common interest, and in particular the priority areas referred to in Articles 2 to 8.
   AREAS OF COOPERATION
   Article 2
   Environment
   The Contracting Parties shall cooperate to protect and improve the environment with a view to sustainable development. Their cooperation shall cover the following areas: climate change, protection of nature and biodiversity, environment and health, management of natural resources and waste management. To this end, they shall seek to reconcile the conservation of the Pyrenean environment with economic development.
   The Contracting Parties shall cooperate, in a spirit of shared responsibility, to resolve the environmental problems confronting the Principality of Andorra and the Pyrenean regions of the European Community. They shall take account of the fact that certain problems, such as that of waste, are connected with the movement of goods and persons between their respective territories. The Contracting Parties shall, in particular, cooperate in the transfer and disposal of waste.
   In so far as its means allow, and provided such standards are relevant in terms of the protection of the environment and sustainable economic development in the Principality, the Principality of Andorra shall endeavour to adopt environmental standards equivalent to those of the European Community. The European Community shall, on request, cooperate with the Principality of Andorra to this end.
   The Contracting Parties shall study the feasibility and practicalities of involving the Principality of Andorra in such Community environmental programmes open to non-member countries as may be of interest to it.
   The European Community shall help establish cooperation between the European Environment Agency and the Principality of Andorra.
   Article 3
   Communication, information and culture
   Within the scope afforded by Community initiatives and Andorran law, the Contracting Parties agree to undertake joint projects in the area of communication, information and culture in the spirit of Article 151 of the Treaty establishing the European Community.
   Such projects may include:

               —

               exchanges of information on topics of mutual interest in the fields of culture and information,

               —

               the organisation of cultural events,

               —

               cultural exchanges,

               —

               the conservation of the Andorran and Pyrenean architectural heritage and the restoration of monuments and sites,

               —

               the conservation and promotion of the Andorran and Pyrenean cultural heritage,

               —

               the establishment of cross-border research programmes on history, art and languages,

               —

               measures to preserve, enhance and disseminate the Catalan language,

               —

               the participation of the Principality of Andorra in European cultural projects.

         Article 4
   Education, vocational training and youth
   Guided by Articles 149 and 150 of the Treaty establishing the European Community, the Contracting Parties shall undertake to cooperate in the field of education and vocational training with a view to helping create a European education area.
   The Contracting Parties shall study the feasibility and practicalities of involving the Principality of Andorra in such European Community education, vocational training and youth programmes as may be of interest to it.
   Article 5
   Social and health issues
   The Contracting Parties shall undertake to study ways of strengthening coordination in social matters through exchanges of experts, cooperation between administrations, cooperation between businesses and training.
   The Contracting Parties shall use the same approach for the purposes of cooperating in the field of public health.
   The Contracting Parties shall avoid all discrimination based on nationality against workers who are nationals of the other party and legally resident on their respective territories with regard to working conditions, pay and redundancy.
   The Contracting Parties’ cooperation on labour issues shall cover, inter alia, the development of careers guidance services, planning and the promotion of employment at local and regional levels.
   Article 6
   Trans-European networks and transport
   The Contracting Parties shall undertake to pursue their cooperation on trans European transport, energy and telecommunications networks and on transport in general. This cooperation shall be aimed, inter alia, at promoting the study of projects of common interest which show due regard for the Pyrenean environment. In their cooperation, the Contracting Parties shall be guided by the objectives set out in Articles 154 and 155 of the Treaty establishing the European Community.
   Article 7
   Regional policy
   The Contracting Parties, each in accordance with its own legislation, hereby agree to step up their regional cooperation, in line with the European Community’s policy of cross-border, transnational and interregional cooperation.
   To that end, they shall encourage the following courses of action:

               —

               the study of a concerted approach to the development of the regions situated on the frontier between the European Community and the Principality of Andorra with a view to promoting a policy on the Pyrenees comparable to that on the Alps. Similarly, the European Community will offer the Principality of Andorra the possibility of taking part in future programmes of the Interreg type on the same terms as other non-member countries,

               —

               the organisation of visits and exchanges of officials and experts, with a view to exploring the scope for cooperation,

               —

               cooperation in matters of mountain policy, drawing on the Community policy aimed at ensuring continued and sustainable agricultural land use, economic development and the preservation of the countryside.

         Article 8
   Other areas of cooperation
   The Contracting Parties may by mutual consent extend this Agreement by concluding agreements on specific matters.
   GENERAL PROVISIONS
   Article 9
   1.   A Cooperation Committee shall be responsible for administering this Agreement and ensuring that it is properly implemented.
   2.   For the purpose of the proper implementation of this Agreement, the Contracting Parties shall exchange information and, at the request of either Party, shall hold consultations within the Cooperation Committee.
   3.   The Cooperation Committee shall draw up its rules of procedure.
   4.   The Cooperation Committee shall be composed, on the one hand, of representatives of the European Community and, on the other, of representatives of the Principality of Andorra.
   5.   The Cooperation Committee shall take decisions by common accord.
   6.   The Cooperation Committee shall be chaired by each of the Contracting Parties in turn, in accordance with the arrangements to be established in its rules of procedure.
   7.   The Cooperation Committee shall meet by common accord at the request of either of the Contracting Parties. The Cooperation Committee’s rules of procedure shall specify the practical arrangements for the organisation of meetings.
   Article 10
   The Contracting Parties agree that any dispute arising between them over the implementation or interpretation of this Agreement shall be submitted to the Cooperation Committee.
   Article 11
   This Agreement shall be concluded for an unlimited period.
   Article 12
   Either Contracting Party may denounce this Agreement by notifying the other Contracting Party in writing. In that case, the Agreement shall cease to have effect six months after the date of such notification.
   Article 13
   This Agreement shall apply, on the one hand, to the territories to which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other, to the territory of the Principality of Andorra.
   Article 14
   This Agreement shall be approved by the Contracting Parties in accordance with their own procedures.
   This Agreement shall enter into force on the first day of the second month following notification that the procedures referred to in the first subparagraph have been complied with.
   Article 15
   1.   This Agreement shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and Catalan languages, each of these texts being equally authentic.
   2.   The Maltese language version shall be authenticated by the Contracting Parties on the basis of an exchange of letters. It shall also be authentic, in the same way as for the languages referred to in paragraph 1.

      Hecho en Bruselas, el quince de noviembre de dos mil cuatro.
      V Bruselu dne patnáctého listopadu dva tisíce čtyři.
      Udfærdiget i Bruxelles, den femtende november to tusind og fire.
      Geschehen zu Brüssel am fünfzehnten November zweitausendundvier.
      Kahe tuhande neljanda aasta novembrikuu viieteistkümnendal päeval Brüsselis.
      'Εγινε στις Βρυξέλλες, στις δέκα πέντε Νοεμβρίου δύο χιλιάδες τέσσερα.
      Done at Brussels on the fifteenth day of November in the year two thousand and four.
      Fait à Bruxelles, le quinze novembre deux mille quatre.
      Fatto a Bruxelles, addì quindici novembre duemilaquattro.
      Briselē, divi tūkstoši ceturtā gada piecpadsmitajā novembrī.
      Pasirašyta du tūkstančiai ketvirtų metų lapkričio penkioliktą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-negyedik év november havának tizenötödik napján.
      Magħmul fi Brussel fil-ħmistax il-jum ta' Novembru tas-sena elfejn u erbgħa.
      Gedaan te Brussel, de vijftiende november tweeduizendvier.
      Sporządzono w Brukseli dnia piętnastego października dwa tysiące czwartego roku.
      Feito em Bruxelas, em quinze de Novembro de dois mil e quatro.
      V Bruseli pätnásteho novembra dvetisícštyri.
      V Bruslju, petnajstega novembra leta dva tisoč štiri.
      Tehty Brysselissä viidentenätoista päivänä marraskuuta vuonna kaksituhattaneljä.
      Som skedde i Bryssel den femtonde november tjugohundrafyra.
      Fet a Brussel les el dia quinze de novembre de l'any dos mil quatre.

         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Za Európske spoločenstvo
         za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar
         Per la Comunitat Europea

         Per la Principat d'Andorra