Convention drawn up on the basis of article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations:Aanhef

Convention drawn up on the basis of article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations

Aanhef

Geldend

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Convention of 18 December 1997

The High Contracting Parties to this Convention, Member States of the European Union,

Referring to the Act of the Council of the European Union of 18 December 1997;

Recalling the need to strengthen the commitments contained in the Convention on Mutual Assistance between Customs Administrations, signed in Rome on 7 September 1967;

Considering that customs administrations are responsible on the customs territory of the Community and, in particular at its points of entry and exit, for the prevention, investigation and suppression of offences not only against Community rules, but also against national laws, in particular the cases covered by Articles 36 and 223 of the Treaty establishing the European Community;

Considering that a serious threat to public health, morality and security is constituted by the developing trend towards illicit trafficking of all kinds;

Considering that particular forms of cooperation involving cross-border actions for the prevention, investigation and prosecution of certain infringements of both the national legislation of the Member States and Community customs regulations should be regulated, and that such cross-border actions must always be carried out in compliance with the principles of legality (conforming with the relevant law applicable in the requested Member State and with the directives of the competent authorities of that Member State), subsidiarity (such actions to be launched only if it is clear that other less significant actions are not appropriate) and proportionality (the scale and duration of the action to be determined in the light of the seriousness of the presumed infringement);

Convinced that it is necessary to reinforce cooperation between customs administrations, by laying down procedures under which customs administrations may act jointly and exchange data concerned with illicit trafficking activities;

Bearing in mind that the customs administrations in their day-to-day work have to implement both Community and national provisions, and that there is consequently an obvious need to ensure that the provisions of mutual assistance and cooperation in both sectors evolve as far as possible in parallel,

Have agreed on the following provisions:

Verdragpartijgroep

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