1. TAIEX INTERNAL MARKET WEEK IN BUDAPEST 22 - 26 November 2004 Co-operation of Customs Administrations Presentation by: Sandro Le Noci – Italian Customs Agency

2. Content 1. Overall legal framework 2. Customs Cooperation within Member States – FirstPillar - Council Reg. (EC) No 515/97 - CIS 3. Customs Cooperation within Member States - Third Pillar - Naples II Convention - CIS Convention 4. Customs Cooperation with Third Countries - EC Agreements - Bilateral Agreements

3. Sogei: European CommunitiesCommon Foreign and Security Policy ECEuratom Police and Judicial Cooperation in Criminal Matters First Pillar Second Pillar Third Pillar European Union Overall Legal Framework

4. First PillarSecond PillarThird Pillar European Union EC  Customs union and single market  Monetary union  Policies on trade, competition, agriculture, fisheries and transports  Etc. EURATOM Foreign and security policy  Democracy  Human rights  Preserving peace  international security Judicial and police Co-operation in combating:  Organised crime  Offences against persons  Drugs and arms  Corruption High level of safety Overall Legal Framework

5. Competence of the Community – I Pillar Intergovernmental competence – III Pillar Binding acts of derived Community legislation:  Regulation  Directives  Decisions Non directly applicable acts of the Council:  Common positions  Framework decisions  Decisions  Conventions political obligation  Atypical acts: (Resolutions and Conclusions) Overall Legal Framework

6. Title X - Article 135 of Treaty on European Community Co-operation between Customs Administrations of the member States and between these and the Commission Council Reg. (EC) No 1468/81 on 19 May 1981 Replaced by: Council Reg. (EC) No 515/97 on 13 March 1997 Customs Information System Customs Co-operation Between Member States - FIRST PILLAR -

7. Council Reg. (EC) No 515/97 lays down the ways in which the administrative authorities responsible for implementation of the legislation on customs and agricultural matters in the Member States shall cooperate with each other and with the Commission in order to ensure compliance with that legislation within the framework of a Community system. Customs Co-operation Between Member States - FIRST PILLAR -

8. ASSISTANCE ON REQUEST (Title I) SPONTANEOUS ASSISTANCE (Title II) RELATIONS WITH THE COMMISSION (Title III) RELATIONS WITH THIRD COUNTRIES (Title IV) CUSTOMS INFORMATION SYSTEM (Title V) Customs Co-operation Between Member States - FIRST PILLAR - Council Reg. (EC) No 515/97

9. OBJECTIVES: Customs Co-operation Between Member States - FIRST PILLAR - Customs Information System (CIS) – first pillar The aim of CIS is to assist in  PREVENTING  INVESTIGATING  PROSECUTING operations which are in breach of customs and agricultural legislation, by increasing through more rapid dissemination of information, the effectiveness of the co-operation

10. Customs Co-operation Between Member States - FIRST PILLAR - Customs Information System (CIS) – first pillar DATA CATEGORIES: A)Commodities B)Means of transport C)Businesses D)Persons E)Fraud trends F)Availability of expertise

11. Customs Co-operation Between Member States - FIRST PILLAR - Customs Information System (CIS) – first pillar Community Customs Legislation Cultural Goods Precursors Counterfeit Goods Dual use Goods Security of products

12. Art. 29 High level of safety within an area of freedom, security and justice through: common actions among member States in the fields of police and judicial co-operation in criminal matters Customs Co-operation Between Member States - THIRD PILLAR - Title VI - Treaty on European Union

13. Areas of co-operation:  Prevention detection and investigation of criminal matters  Information (collection, storage, processing, analysis and exchange)  Joint initiatives (training, liaison officers, use of equipment etc.)  Evaluation of investigative techniques  Co-operation with EUROPOL Art. 30 Customs Co-operation Between Member States - THIRD PILLAR - Title VI - Treaty on European Union

14. Art. 34 Common positions:  Common approaches to specific matters Decisions:  For any purpose (other than approximation of laws) in line with objectives of Title VI Framework decisions:  For approximation of laws and regulations (binding as to the results to be achieved) Conventions:  Need to be adopted by each member state Customs Co-operation Between Member States - THIRD PILLAR - Title VI - Treaty on European Union

15. Without prejudice to the competence of the Community, the Member States of the EU shall provide each other with mutual assistance and shall cooperate with one another through their customs administrations,with a view to:  preventing and detecting infirngements of national customs provisions, and  prosecuting and punishing infringements of Community and national customs provisions. Customs Co-operation Between Member States - THIRD PILLAR - Naples II Convention

16. Customs Co-operation Between Member States - THIRD PILLAR - Naples II Convention Mutual Assistance Special Forms of Cooperation Assistance on request Spontaneous Assistance Request for information Request for surveillance Request for enquiries Request for notification Request for surveillance Provision of information Joint special investigation teams Controlled deliveries Cross-border surveillance Hot pursuit

17. Customs Co-operation Between Member States - THIRD PILLAR - The aim of CIS is to assist in  PREVENTING  INVESTIGATING  PROSECUTING Serious contraventions of national laws by increasing, through the rapid dissemination of information, the effectiveness of the cooperation and control procedures of the customs administrations of the Member States. OBJECTIVES: CIS Convention

18. Customs Co-operation Between Member States - THIRD PILLAR - CIS Convention National Customs Legislation Non Harmonised Excise Drugs Firearms

19. Customs Co-operation with Third Countries EC Agreements EC Agreements on mutual assistance EC- Protocols on Customs Cooperation

20. Customs Co-operation with Third Countries EC Agreements – opportunities and benefits - Many cooperation partners - Standard forms - Common approach - Possibility to use information in penal procedures (when authorised) - Correct application of customs law nearly worldwide

21. Customs Co-operation with Third Countries Bilateral Agreements With another (or more) Member State With Third Country With a Group of Third Countries (Regional Agreement)

22. Customs Co-operation with Third Countries Bilateral Agreements – opportunities and benefits - Exact knowledge of the contracting partner - Full use of information - Larger scope (e.g. penal matters) - Provisions can be adapted to national laws - Special forms of cooperation or subject can be included

23. Thank you for your kind attention Sandro Le Noci Agenzia delle Dogane phone: +39 06 5024 6097 fax: +39 06 5013 523 E-mail: sandro.lenoci@agenziadogane.it