BETA


2012/0073(NLE) EU/Canada Agreement: customs cooperation with respect to matters related to supply chain security

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead INTA ŠŤASTNÝ Peter (icon: PPE PPE) JADOT Yannick (icon: Verts/ALE Verts/ALE), STURDY Robert (icon: ECR ECR)
Committee Opinion IMCO
Lead committee dossier:
Legal Basis:
TFEU 207-p4, TFEU 218-p6a

Events

2014/12/23
   Final act published in Official Journal
Details

PURPOSE: to conclude an Agreement between the EU and Canada on customs cooperation with respect to matters related to supply chain security.

NON-LEGISLATIVE ACT: Council Decision 2014/941/EU on the conclusion of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security

BACKGROUND: in accordance with Council Decision 2012/643/EU, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security was signed on 4 March 2013, subject to its conclusion.

The Agreement should be approved on behalf of the Union.

CONTENT: under this Decision, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security is approved on behalf of the Union.

The Agreement constitutes an expansion of the CMAA , which sets down that the Contracting Parties may expand the CMAA with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters.

Objectives of the Agreement : the Agreement establishes a legal basis for EU-Canada customs cooperation on matters of:

· supply chain security and risk management , including reinforcing the customs related aspects for securing the logistics chain of international trade while at the same time: facilitating legitimate trade;

· establishing minimum standards , to the extent practicable, for risk management techniques and related requirements and programmes;

· working towards and, where appropriate, establishing mutual recognition of risk management techniques, risk standards, security controls, container security and trade partnership programmes including equivalent trade facilitation measures;

· exchanging information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements set out in Article 16 of the CMAA and in the relevant legislation of the Contracting Parties;

· establishing contact points for exchanging information;

· introducing, where appropriate, an interface for data exchange, including for prearrival or pre-departure data;

· developing a strategy that allows the customs authorities to partner cooperatively in the area of cargo inspection;

· collaborating, to the extent practicable, in any multilateral fora where issues related to supply chain security may be appropriately raised and discussed.

Institutional provisions : the Joint Customs Cooperation Committee (JCCC), established under the CMAA, shall see to the proper functioning of this Agreement and be empowered to adopt decisions to implement this Agreement in accordance with the respective domestic legislation of the Contracting Parties, on aspects, such as mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes.

The position to be adopted by the Union within the EU-Canada Joint Customs Cooperation Committee (JCCC), when called upon to adopt acts having legal effects, should be decided in accordance with the procedure set out in Article 218(9) of the Treaty on the Functioning of the European Union. Where necessary, other positions to be taken by the Union within the JCCC should be established by the Council in accordance with Article 16 of the Treaty on European Union.

ENTRY INTO FORCE: the Decision enters into force on 27. 06.2013. 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.

2013/07/09
   EP/CSL - Act adopted by Council after consultation of Parliament
2013/07/09
   EP - End of procedure in Parliament
2013/07/09
   CSL - Council Meeting
2013/05/22
   EP - Results of vote in Parliament
2013/05/22
   EP - Decision by Parliament
Details

The European Parliament adopted by 661 votes to 6, with 21 abstentions, a legislative resolution on the draft Council decision on the conclusion of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply-chain security.

Parliament gave its consent to the conclusion of the Agreement.

Documents
2013/04/30
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on International Trade unanimously adopted the recommendation by Peter ŠŤASTNÝ (EPP, SK) on the draft Council decision on the conclusion of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply-chain security.

The committee recommends the European Parliament to give its consent to the conclusion of the Agreement which seeks to reinforce the customs related aspects for securing the logistics chain of international trade - including container security - while at the same time facilitating legitimate trade.

Documents
2013/04/25
   EP - Vote in committee
2013/04/16
   EP - Committee referral announced in Parliament
2012/09/24
   EP - Committee draft report
Documents
2012/07/24
   PT_PARLIAMENT - Contribution
Documents
2012/06/26
   CSL - Legislative proposal
Details

PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council may adopt the act only if the European Parliament has given its consent.

LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

BACKGROUND: the Union and Canada should expand their customs cooperation to cover matters of supply chain security and related risk management with a view to increasing end-to-end supply chain security and at the same time facilitating legitimate trade.

In accordance with a Council Decision, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security was signed, subject to its conclusion.

The Agreement should be approved on behalf of the EU.

LEGAL BASIS: Article 207(4) first subparagraph of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Article 218(6)(a) thereof.

CONTENT: with this Council proposal, it is proposed to approve on behalf of the European Union, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

The position to be adopted by the Union within the EU-Canada Joint Customs Cooperation Committee (JCCC), when called upon to adopt acts having legal effects, should be decided in accordance with the procedure set out in Article 218(9) of the Treaty on the Functioning of the European Union. Where necessary, other positions to be taken by the Union within the JCCC should be established by the Council in accordance with Article 16 of the Treaty on European Union.

For further information concerning the main provision of the draft Agreement, as well as its financial implications for the European Union’s budget, please refer to the summary of the Commission’s initial legislative proposal, dated 28/03/2012 .

Documents
2012/06/26
   CSL - Document attached to the procedure
Documents
2012/06/25
   EC - Legislative proposal published
Details

PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council may adopt the act only if the European Parliament has given its consent.

LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

BACKGROUND: the Union and Canada should expand their customs cooperation to cover matters of supply chain security and related risk management with a view to increasing end-to-end supply chain security and at the same time facilitating legitimate trade.

In accordance with a Council Decision, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security was signed, subject to its conclusion.

The Agreement should be approved on behalf of the EU.

LEGAL BASIS: Article 207(4) first subparagraph of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Article 218(6)(a) thereof.

CONTENT: with this Council proposal, it is proposed to approve on behalf of the European Union, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

The position to be adopted by the Union within the EU-Canada Joint Customs Cooperation Committee (JCCC), when called upon to adopt acts having legal effects, should be decided in accordance with the procedure set out in Article 218(9) of the Treaty on the Functioning of the European Union. Where necessary, other positions to be taken by the Union within the JCCC should be established by the Council in accordance with Article 16 of the Treaty on European Union.

For further information concerning the main provision of the draft Agreement, as well as its financial implications for the European Union’s budget, please refer to the summary of the Commission’s initial legislative proposal, dated 28/03/2012 .

Documents
2012/05/31
   CSL - Debate in Council
Details

The Council discussed negotiations with Canada on a comprehensive economic and trade agreement. It addressed key outstanding issues, notably on rules of origin and intellectual property rights, with particular reference to pharmaceutical products.

The Council was briefed by the Commission on progress achieved, especially in the areas of market access for goods, public procurement, services, dispute settlement and, to a lesser extent, sanitary and phytosanitary issues and investment protection.

It took note of the Commission's assessment of the prospects for concluding the agreement in the near future, and called for full transparency in the final stages of the negotiations.

Documents
2012/05/31
   CSL - Council Meeting
2012/05/29
   EP - ŠŤASTNÝ Peter (PPE) appointed as rapporteur in INTA
2012/04/12
   EDPS - Document attached to the procedure
Details

Executive summary of the Opinion of the European Data Protection Supervisor on the proposal for a Council decision on the conclusion of the Agreement between the European Union and Canada with respect to matters related to supply chain security.

The EDPS recalls that relations between the EU and Canada in the area of customs are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) of 1998, which allows the contracting parties to expand the agreement to increase customs cooperation.

On 28 March 2012, the Commission adopted a proposal for a Council decision on the conclusion of the Agreement between the European Union and Canada with respect to matters related to supply chain security. The proposal was sent to the EDPS on the same day.

The proposal aims at expanding the CMAA through a new, complementary agreement and at establishing a legal basis for EU-Canada customs cooperation on matters of supply chain security and related risk management.

The draft agreement also aims at providing a legal basis for the exchange of information. While the exchange of personal data is not the main aim of the proposal, significant exchanges of personal data will take place, especially related to operators.

The EDPS’ Opinion analyses (i) how the exchange of such personal data is regulated in the draft agreement; (ii) relevant provisions of the CMAA agreement insofar as they have an effect on the processing of personal data under the draft agreement .

Aim of the EDPS Opinion: according to the proposal, the draft agreement also aims at providing a legal basis for the exchange of information. While the exchange of personal data is not the main aim of the proposal, significant exchanges of personal data will take place, especially related to operators. The present Opinion will analyse how the exchange of such personal data is regulated in the draft agreement . The Opinion will also analyse the relevant provisions of the CMAA agreement insofar as they have an effect on the processing of personal data under the draft agreement . Taking into account that the draft agreement provides the legal basis for further cooperation, the Opinion also provides recommendations for future decisions or agreements requiring the exchange of personal data that may be adopted on the basis of the draft agreement .

Conclusion of the EDPS:

Although the EDPS welcomes the reference to the applicability of the confidentiality and privacy requirements of the contracting parties and the reference to Article 16 of the CMAA, he makes certain recommendations regarding additions to the text of the draft agreement where possible or in future decisions or agreements adopted on the basis of the draft agreement:

clarifying that matters not falling within the common commercial policy should be excluded from the scope of the agreement; narrowing and better defining the scope of the exchanges of personal data ; specifying the categories of data to be exchanged ; as regards the processing of sensitive data , providing for adequate safeguards and subjecting the processing to prior check by EU national data protection authorities and the EDPS; guaranteeing to all data subjects the rights of access, rectification and effective judicial and administrative redress ; informing data subjects on the characteristics of the processing; requiring adequate security measures; mentioning that compliance with the contracting parties personal data protection law shall be supervised by EU national data protection authorities, the EDPS and Canada's privacy commissioners; consulting the EDPS on further JCCC decisions regarding the processing of personal data.

2012/03/28
   EC - Preparatory document
Details

PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

PROPOSED ACT: Council Decision.

LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the customs relations between the EU and Canada are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) that entered into force on 1 January 1998.

In December 2005, the Canada Border Services Agency (CBSA) signalled its interest to move forward with closer cooperation between the EU and Canada on supply chain security. Following a series of exchanges of views, an agreement was found between the Commission and the CBSA on the possible scope of the new agreement expanding the EU-Canada customs cooperation.

On 26 November 2009, the Council adopted a decision authorising the Commission to open negotiations with Canada. The negotiations were launched in May 2011.

The negotiations have resulted in the draft Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security which builds on and expands the CMAA.

The aim of this proposal is to conclude this Agreement on behalf of the European Union.

CONTENT: by this draft Decision, the Commission proposes that the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security be approved on behalf of the Union.

Characteristics of the Agreement : the draft Agreement will establish a legal basis for EU-Canada customs cooperation on matters of supply chain security and risk management , including reinforcing the customs related aspects for securing the logistics chain of international trade while at the same time:

facilitating legitimate trade; establishing minimum standards, to the extent practicable, for risk management techniques and related requirements and programmes; working towards and, where appropriate, establishing mutual recognition of risk management techniques , risk standards, security controls, container security and trade partnership programmes including equivalent trade facilitation measures; exchanging information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements set out in Article 16 of the CMAA and in the relevant legislation of the Contracting Parties; establishing contact points for this purpose; introducing, where appropriate, an interface for data exchange, including for prearrival or pre-departure data; developing a strategy that allows the customs authorities to partner cooperatively in the area of cargo inspection; collaborating, to the extent practicable, in any multilateral fora where issues related to supply chain security may be appropriately raised and discussed.

The draft Agreement constitutes an expansion of the CMAA in line with Article 23 of the CMAA, which sets down that the Contracting Parties may expand the CMAA with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters. The CMAA will remain the overall umbrella for customs cooperation between the Contracting Parties and the institutional set-up of the CMAA is proposed to be extended also to cover the draft Agreement. In practice, the EU-Canada Joint Customs Cooperation Committee (JCCC), established under

Article 20 of the CMAA, will administer both agreements and will be empowered to adopt the necessary implementing decisions in accordance with the respective domestic legislation of the Contracting Parties, e.g. on mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes.

BUDGETARY IMPLICATIONS: this proposal has no budgetary implications for the Union budget.

2012/03/28
   EP - Preparatory document
Details

PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

PROPOSED ACT: Council Decision.

LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the customs relations between the EU and Canada are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) that entered into force on 1 January 1998.

In December 2005, the Canada Border Services Agency (CBSA) signalled its interest to move forward with closer cooperation between the EU and Canada on supply chain security. Following a series of exchanges of views, an agreement was found between the Commission and the CBSA on the possible scope of the new agreement expanding the EU-Canada customs cooperation.

On 26 November 2009, the Council adopted a decision authorising the Commission to open negotiations with Canada. The negotiations were launched in May 2011.

The negotiations have resulted in the draft Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security which builds on and expands the CMAA.

The aim of this proposal is to conclude this Agreement on behalf of the European Union.

CONTENT: by this draft Decision, the Commission proposes that the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security be approved on behalf of the Union.

Characteristics of the Agreement : the draft Agreement will establish a legal basis for EU-Canada customs cooperation on matters of supply chain security and risk management , including reinforcing the customs related aspects for securing the logistics chain of international trade while at the same time:

facilitating legitimate trade; establishing minimum standards, to the extent practicable, for risk management techniques and related requirements and programmes; working towards and, where appropriate, establishing mutual recognition of risk management techniques , risk standards, security controls, container security and trade partnership programmes including equivalent trade facilitation measures; exchanging information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements set out in Article 16 of the CMAA and in the relevant legislation of the Contracting Parties; establishing contact points for this purpose; introducing, where appropriate, an interface for data exchange, including for prearrival or pre-departure data; developing a strategy that allows the customs authorities to partner cooperatively in the area of cargo inspection; collaborating, to the extent practicable, in any multilateral fora where issues related to supply chain security may be appropriately raised and discussed.

The draft Agreement constitutes an expansion of the CMAA in line with Article 23 of the CMAA, which sets down that the Contracting Parties may expand the CMAA with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters. The CMAA will remain the overall umbrella for customs cooperation between the Contracting Parties and the institutional set-up of the CMAA is proposed to be extended also to cover the draft Agreement. In practice, the EU-Canada Joint Customs Cooperation Committee (JCCC), established under

Article 20 of the CMAA, will administer both agreements and will be empowered to adopt the necessary implementing decisions in accordance with the respective domestic legislation of the Contracting Parties, e.g. on mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes.

BUDGETARY IMPLICATIONS: this proposal has no budgetary implications for the Union budget.

Documents

History

(these mark the time of scraping, not the official date of the change)

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  • body: CSL type: Council Meeting council: Foreign Affairs meeting_id: 3170 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3170*&MEET_DATE=31/05/2012 date: 2012-05-31T00:00:00
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  • date: 2012-04-12T00:00:00 docs: url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:2012:335:TOC title: OJ C 335 01.11.2012, p. 0006 title: N7-0120/2012 summary: Executive summary of the Opinion of the European Data Protection Supervisor on the proposal for a Council decision on the conclusion of the Agreement between the European Union and Canada with respect to matters related to supply chain security. The EDPS recalls that relations between the EU and Canada in the area of customs are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) of 1998, which allows the contracting parties to expand the agreement to increase customs cooperation. On 28 March 2012, the Commission adopted a proposal for a Council decision on the conclusion of the Agreement between the European Union and Canada with respect to matters related to supply chain security. The proposal was sent to the EDPS on the same day. The proposal aims at expanding the CMAA through a new, complementary agreement and at establishing a legal basis for EU-Canada customs cooperation on matters of supply chain security and related risk management. The draft agreement also aims at providing a legal basis for the exchange of information. While the exchange of personal data is not the main aim of the proposal, significant exchanges of personal data will take place, especially related to operators. The EDPS’ Opinion analyses (i) how the exchange of such personal data is regulated in the draft agreement; (ii) relevant provisions of the CMAA agreement insofar as they have an effect on the processing of personal data under the draft agreement . Aim of the EDPS Opinion: according to the proposal, the draft agreement also aims at providing a legal basis for the exchange of information. While the exchange of personal data is not the main aim of the proposal, significant exchanges of personal data will take place, especially related to operators. The present Opinion will analyse how the exchange of such personal data is regulated in the draft agreement . The Opinion will also analyse the relevant provisions of the CMAA agreement insofar as they have an effect on the processing of personal data under the draft agreement . Taking into account that the draft agreement provides the legal basis for further cooperation, the Opinion also provides recommendations for future decisions or agreements requiring the exchange of personal data that may be adopted on the basis of the draft agreement . Conclusion of the EDPS: Although the EDPS welcomes the reference to the applicability of the confidentiality and privacy requirements of the contracting parties and the reference to Article 16 of the CMAA, he makes certain recommendations regarding additions to the text of the draft agreement where possible or in future decisions or agreements adopted on the basis of the draft agreement: clarifying that matters not falling within the common commercial policy should be excluded from the scope of the agreement; narrowing and better defining the scope of the exchanges of personal data ; specifying the categories of data to be exchanged ; as regards the processing of sensitive data , providing for adequate safeguards and subjecting the processing to prior check by EU national data protection authorities and the EDPS; guaranteeing to all data subjects the rights of access, rectification and effective judicial and administrative redress ; informing data subjects on the characteristics of the processing; requiring adequate security measures; mentioning that compliance with the contracting parties personal data protection law shall be supervised by EU national data protection authorities, the EDPS and Canada's privacy commissioners; consulting the EDPS on further JCCC decisions regarding the processing of personal data. type: Document attached to the procedure body: EDPS
  • date: 2012-06-26T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=11587%2F12&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 11587/2012 type: Document attached to the procedure body: CSL
  • date: 2012-09-24T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE496.442 title: PE496.442 type: Committee draft report body: EP
  • date: 2012-07-25T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2012)0144 title: COM(2012)0144 type: Contribution body: PT_PARLIAMENT
events
  • date: 2012-03-28T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0144/COM_COM(2012)0144_EN.pdf title: COM(2012)0144 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=144 title: EUR-Lex summary: PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security. PROPOSED ACT: Council Decision. LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the customs relations between the EU and Canada are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) that entered into force on 1 January 1998. In December 2005, the Canada Border Services Agency (CBSA) signalled its interest to move forward with closer cooperation between the EU and Canada on supply chain security. Following a series of exchanges of views, an agreement was found between the Commission and the CBSA on the possible scope of the new agreement expanding the EU-Canada customs cooperation. On 26 November 2009, the Council adopted a decision authorising the Commission to open negotiations with Canada. The negotiations were launched in May 2011. The negotiations have resulted in the draft Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security which builds on and expands the CMAA. The aim of this proposal is to conclude this Agreement on behalf of the European Union. CONTENT: by this draft Decision, the Commission proposes that the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security be approved on behalf of the Union. Characteristics of the Agreement : the draft Agreement will establish a legal basis for EU-Canada customs cooperation on matters of supply chain security and risk management , including reinforcing the customs related aspects for securing the logistics chain of international trade while at the same time: facilitating legitimate trade; establishing minimum standards, to the extent practicable, for risk management techniques and related requirements and programmes; working towards and, where appropriate, establishing mutual recognition of risk management techniques , risk standards, security controls, container security and trade partnership programmes including equivalent trade facilitation measures; exchanging information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements set out in Article 16 of the CMAA and in the relevant legislation of the Contracting Parties; establishing contact points for this purpose; introducing, where appropriate, an interface for data exchange, including for prearrival or pre-departure data; developing a strategy that allows the customs authorities to partner cooperatively in the area of cargo inspection; collaborating, to the extent practicable, in any multilateral fora where issues related to supply chain security may be appropriately raised and discussed. The draft Agreement constitutes an expansion of the CMAA in line with Article 23 of the CMAA, which sets down that the Contracting Parties may expand the CMAA with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters. The CMAA will remain the overall umbrella for customs cooperation between the Contracting Parties and the institutional set-up of the CMAA is proposed to be extended also to cover the draft Agreement. In practice, the EU-Canada Joint Customs Cooperation Committee (JCCC), established under Article 20 of the CMAA, will administer both agreements and will be empowered to adopt the necessary implementing decisions in accordance with the respective domestic legislation of the Contracting Parties, e.g. on mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes. BUDGETARY IMPLICATIONS: this proposal has no budgetary implications for the Union budget.
  • date: 2012-05-31T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3170*&MEET_DATE=31/05/2012 title: 3170 summary: The Council discussed negotiations with Canada on a comprehensive economic and trade agreement. It addressed key outstanding issues, notably on rules of origin and intellectual property rights, with particular reference to pharmaceutical products. The Council was briefed by the Commission on progress achieved, especially in the areas of market access for goods, public procurement, services, dispute settlement and, to a lesser extent, sanitary and phytosanitary issues and investment protection. It took note of the Commission's assessment of the prospects for concluding the agreement in the near future, and called for full transparency in the final stages of the negotiations.
  • date: 2012-06-26T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=11362%2F12&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 11362/2012 summary: PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: the Council may adopt the act only if the European Parliament has given its consent. LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU). BACKGROUND: the Union and Canada should expand their customs cooperation to cover matters of supply chain security and related risk management with a view to increasing end-to-end supply chain security and at the same time facilitating legitimate trade. In accordance with a Council Decision, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security was signed, subject to its conclusion. The Agreement should be approved on behalf of the EU. LEGAL BASIS: Article 207(4) first subparagraph of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Article 218(6)(a) thereof. CONTENT: with this Council proposal, it is proposed to approve on behalf of the European Union, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security. The position to be adopted by the Union within the EU-Canada Joint Customs Cooperation Committee (JCCC), when called upon to adopt acts having legal effects, should be decided in accordance with the procedure set out in Article 218(9) of the Treaty on the Functioning of the European Union. Where necessary, other positions to be taken by the Union within the JCCC should be established by the Council in accordance with Article 16 of the Treaty on European Union. For further information concerning the main provision of the draft Agreement, as well as its financial implications for the European Union’s budget, please refer to the summary of the Commission’s initial legislative proposal, dated 28/03/2012 .
  • date: 2013-04-16T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2013-04-25T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2013-04-30T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2013-152&language=EN title: A7-0152/2013 summary: The Committee on International Trade unanimously adopted the recommendation by Peter ŠŤASTNÝ (EPP, SK) on the draft Council decision on the conclusion of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply-chain security. The committee recommends the European Parliament to give its consent to the conclusion of the Agreement which seeks to reinforce the customs related aspects for securing the logistics chain of international trade - including container security - while at the same time facilitating legitimate trade.
  • date: 2013-05-22T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=22898&l=en title: Results of vote in Parliament
  • date: 2013-05-22T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-211 title: T7-0211/2013 summary: The European Parliament adopted by 661 votes to 6, with 21 abstentions, a legislative resolution on the draft Council decision on the conclusion of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply-chain security. Parliament gave its consent to the conclusion of the Agreement.
  • date: 2013-07-09T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2013-07-09T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2014-12-23T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to conclude an Agreement between the EU and Canada on customs cooperation with respect to matters related to supply chain security. NON-LEGISLATIVE ACT: Council Decision 2014/941/EU on the conclusion of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security BACKGROUND: in accordance with Council Decision 2012/643/EU, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security was signed on 4 March 2013, subject to its conclusion. The Agreement should be approved on behalf of the Union. CONTENT: under this Decision, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security is approved on behalf of the Union. The Agreement constitutes an expansion of the CMAA , which sets down that the Contracting Parties may expand the CMAA with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters. Objectives of the Agreement : the Agreement establishes a legal basis for EU-Canada customs cooperation on matters of: · supply chain security and risk management , including reinforcing the customs related aspects for securing the logistics chain of international trade while at the same time: facilitating legitimate trade; · establishing minimum standards , to the extent practicable, for risk management techniques and related requirements and programmes; · working towards and, where appropriate, establishing mutual recognition of risk management techniques, risk standards, security controls, container security and trade partnership programmes including equivalent trade facilitation measures; · exchanging information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements set out in Article 16 of the CMAA and in the relevant legislation of the Contracting Parties; · establishing contact points for exchanging information; · introducing, where appropriate, an interface for data exchange, including for prearrival or pre-departure data; · developing a strategy that allows the customs authorities to partner cooperatively in the area of cargo inspection; · collaborating, to the extent practicable, in any multilateral fora where issues related to supply chain security may be appropriately raised and discussed. Institutional provisions : the Joint Customs Cooperation Committee (JCCC), established under the CMAA, shall see to the proper functioning of this Agreement and be empowered to adopt decisions to implement this Agreement in accordance with the respective domestic legislation of the Contracting Parties, on aspects, such as mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes. The position to be adopted by the Union within the EU-Canada Joint Customs Cooperation Committee (JCCC), when called upon to adopt acts having legal effects, should be decided in accordance with the procedure set out in Article 218(9) of the Treaty on the Functioning of the European Union. Where necessary, other positions to be taken by the Union within the JCCC should be established by the Council in accordance with Article 16 of the Treaty on European Union. ENTRY INTO FORCE: the Decision enters into force on 27. 06.2013. 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. docs: title: Decision 2014/941 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32014D0941 title: OJ L 367 23.12.2014, p. 0008 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:367:TOC
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/taxation_customs/index_en.htm title: Taxation and Customs Union commissioner: ŠEMETA Algirdas
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  • PURPOSE: to conclude an Agreement between the EU and Canada on customs cooperation with respect to matters related to supply chain security.

    NON-LEGISLATIVE ACT: Council Decision 2014/941/EU on the conclusion of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security

    BACKGROUND: in accordance with Council Decision 2012/643/EU, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security was signed on 4 March 2013, subject to its conclusion.

    The Agreement should be approved on behalf of the Union.

    CONTENT: under this Decision, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security is approved on behalf of the Union.

    The Agreement constitutes an expansion of the CMAA, which sets down that the Contracting Parties may expand the CMAA with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters.

    Objectives of the Agreement: the Agreement establishes a legal basis for EU-Canada customs cooperation on matters of:

    ·        supply chain security and risk management, including reinforcing the customs related aspects for securing the  logistics chain of international trade while at the same time: facilitating legitimate trade;

    ·        establishing minimum standards, to the extent practicable, for risk management techniques and related requirements and programmes;

    ·        working towards and, where appropriate, establishing mutual recognition of risk management techniques, risk standards, security controls, container security and trade partnership programmes including equivalent trade facilitation measures;

    ·        exchanging information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements set out in Article 16 of the CMAA and in the relevant legislation of the Contracting Parties;

    ·        establishing contact points for exchanging information;

    ·        introducing, where appropriate, an interface for data exchange, including for prearrival or pre-departure data;

    ·        developing a strategy that allows the customs authorities to partner cooperatively in the area of cargo inspection;

    ·        collaborating, to the extent practicable, in any multilateral fora where issues related to supply chain security may be appropriately raised and discussed.

    Institutional provisions: the Joint Customs Cooperation Committee (JCCC), established under the CMAA, shall see to the proper functioning of this Agreement and be empowered to adopt decisions to implement this Agreement in accordance with the respective domestic legislation of the Contracting Parties, on aspects, such as mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes.

    The position to be adopted by the Union within the EU-Canada Joint Customs Cooperation Committee (JCCC), when called upon to adopt acts having legal effects, should be decided in accordance with the procedure set out in Article 218(9) of the Treaty on the Functioning of the European Union. Where necessary, other positions to be taken by the Union within the JCCC should be established by the Council in accordance with Article 16 of the Treaty on European Union.

    ENTRY INTO FORCE: the Decision enters into force on 27. 06.2013. 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.

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activities/3/committees/1/shadows
  • group: Verts/ALE name: JADOT Yannick
  • group: ECR name: STURDY Robert
  • group: GUE/NGL name: SCHOLZ Helmut
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2012-05-29T00:00:00
activities/4/committees/1/rapporteur
  • group: PPE name: ŠŤASTNÝ Peter
activities/4/committees/1/shadows
  • group: Verts/ALE name: JADOT Yannick
  • group: ECR name: STURDY Robert
  • group: GUE/NGL name: SCHOLZ Helmut
activities/5/committees/1/date
2012-05-29T00:00:00
activities/5/committees/1/rapporteur
  • group: PPE name: ŠŤASTNÝ Peter
activities/5/committees/1/shadows
  • group: Verts/ALE name: JADOT Yannick
  • group: ECR name: STURDY Robert
  • group: GUE/NGL name: SCHOLZ Helmut
committees/1/date
2012-05-29T00:00:00
committees/1/rapporteur
  • group: PPE name: ŠŤASTNÝ Peter
committees/1/shadows
  • group: Verts/ALE name: JADOT Yannick
  • group: ECR name: STURDY Robert
  • group: GUE/NGL name: SCHOLZ Helmut
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2012-05-29T00:00:00
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  • group: EPP name: ŠŤASTNÝ Peter
activities/3/committees/1/shadows
  • group: Verts/ALE name: JADOT Yannick
  • group: ECR name: STURDY Robert
  • group: GUE/NGL name: SCHOLZ Helmut
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2012-05-29T00:00:00
activities/4/committees/1/rapporteur
  • group: EPP name: ŠŤASTNÝ Peter
activities/4/committees/1/shadows
  • group: Verts/ALE name: JADOT Yannick
  • group: ECR name: STURDY Robert
  • group: GUE/NGL name: SCHOLZ Helmut
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2012-05-29T00:00:00
activities/5/committees/1/rapporteur
  • group: EPP name: ŠŤASTNÝ Peter
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  • group: ECR name: STURDY Robert
  • group: GUE/NGL name: SCHOLZ Helmut
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  • group: Verts/ALE name: JADOT Yannick
  • group: ECR name: STURDY Robert
  • group: GUE/NGL name: SCHOLZ Helmut
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Rules of Procedure of the European Parliament EP 150
activities/2/docs/0/url
Old
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activities/1/docs
  • url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3170*&MEET_DATE=31/05/2012 type: Debate in Council title: 3170
activities/1/text
  • The Council discussed negotiations with Canada on a comprehensive economic and trade agreement. It addressed key outstanding issues, notably on rules of origin and intellectual property rights, with particular reference to pharmaceutical products.

    The Council was briefed by the Commission on progress achieved, especially in the areas of market access for goods, public procurement, services, dispute settlement and, to a lesser extent, sanitary and phytosanitary issues and investment protection.

    It took note of the Commission's assessment of the prospects for concluding the agreement in the near future, and called for full transparency in the final stages of the negotiations.

activities/1/docs
  • url: http://register.consilium.europa.eu/content/out?lang=EN&ff_FT_TEXT=3170&dd_DATE_REUNION=31/05/2012&single_date=31/05/2012 type: Debate in Council title: 3170
activities/1/text
  • The Council discussed negotiations with Canada on a comprehensive economic and trade agreement. It addressed key outstanding issues, notably on rules of origin and intellectual property rights, with particular reference to pharmaceutical products.

    The Council was briefed by the Commission on progress achieved, especially in the areas of market access for goods, public procurement, services, dispute settlement and, to a lesser extent, sanitary and phytosanitary issues and investment protection.

    It took note of the Commission's assessment of the prospects for concluding the agreement in the near future, and called for full transparency in the final stages of the negotiations.

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docs
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2012-06-26T00:00:00
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CELEX:52012PC0144:EN
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Rules of Procedure of the European Parliament EP 138
procedure/legal_basis
  • Treaty on the Functioning of the EU TFEU 207-p4
  • Treaty on the Functioning of the EU TFEU 218-p6a
procedure/legal_basis
  • Rules of Procedure of the European Parliament EP 138
  • Treaty on the Functioning of the EU TFEU 207-p4
  • Treaty on the Functioning of the EU TFEU 218-p6a
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6.20.04 Community Customs Code, tariffs, preferential arrangements, rules of origin
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6.20.04 Union Customs Code, tariffs, preferential arrangements, rules of origin
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Rules of Procedure of the European Parliament EP 138
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Decision
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Results of vote in Parliament
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  • url: http://www.europarl.europa.eu/ http://register.consilium.europa.eu/servlet/driver?page=Result&typ=Simple&cmsid=638&ff_COTE_DOCUMENT=&ff_TITRE=&ff_SOUS_COTE_MATIERE=&fc=REGAISEN&srm=25&md=400&ssf=DATE_DOCUMENT+DESC&single_comparator=%3D&from_date=&to_date=&lang=EN&ff_FT_TEXT=3170&dd_DATE_REUNION=31/05/2012&single_date=31/05/2012 type: Debate in Council title: 3170
activities/2/text
  • The Council discussed negotiations with Canada on a comprehensive economic and trade agreement. It addressed key outstanding issues, notably on rules of origin and intellectual property rights, with particular reference to pharmaceutical products.

    The Council was briefed by the Commission on progress achieved, especially in the areas of market access for goods, public procurement, services, dispute settlement and, to a lesser extent, sanitary and phytosanitary issues and investment protection.

    It took note of the Commission's assessment of the prospects for concluding the agreement in the near future, and called for full transparency in the final stages of the negotiations.

activities/2/docs
  • url: http://www.europarl.europa.eu/ http://register.consilium.europa.eu/servlet/driver?page=Result&typ=Simple&cmsid=638&ff_COTE_DOCUMENT=&ff_TITRE=&ff_SOUS_COTE_MATIERE=&fc=REGAISEN&srm=25&md=400&ssf=DATE_DOCUMENT+DESC&single_comparator=%3D&from_date=&to_date=&lang=EN&ff_FT_TEXT=3170&dd_DATE_REUNION=31/05/2012&meeting_date_single_date=31/05/2012 type: Debate in Council title: 3170
activities/2/text
  • The Council discussed negotiations with Canada on a comprehensive economic and trade agreement. It addressed key outstanding issues, notably on rules of origin and intellectual property rights, with particular reference to pharmaceutical products.

    The Council was briefed by the Commission on progress achieved, especially in the areas of market access for goods, public procurement, services, dispute settlement and, to a lesser extent, sanitary and phytosanitary issues and investment protection.

    It took note of the Commission's assessment of the prospects for concluding the agreement in the near future, and called for full transparency in the final stages of the negotiations.

activities/2/docs/0/url
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Old

PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

PROPOSED ACT: Council Decision.

LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the customs relations between the EU and Canada are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) that entered into force on 1 January 1998.

In December 2005, the Canada Border Services Agency (CBSA) signalled its interest to move forward with closer cooperation between the EU and Canada on supply chain security. Following a series of exchanges of views, an agreement was found between the Commission and the CBSA on the possible scope of the new agreement expanding the EU-Canada customs cooperation.

On 26 November 2009, the Council adopted a decision authorising the Commission to open negotiations with Canada. The negotiations were launched in May 2011.

The negotiations have resulted in the draft Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security which builds on and expands the CMAA.

The aim of this proposal is to conclude this Agreement on behalf of the European Union.

CONTENT: by this draft Decision, the Commission proposes that the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security be approved on behalf of the Union.

Characteristics of the Agreement: the draft Agreement will establish a legal basis for EU-Canada customs cooperation on matters of supply chain security and risk management, including reinforcing the customs related aspects for securing the  logistics chain of international trade while at the same time:

  • facilitating legitimate trade;
  • establishing minimum standards, to the extent practicable, for risk management techniques and related requirements and programmes;
  • working towards and, where appropriate, establishing mutual recognition of risk management techniques, risk standards, security controls, container security and trade partnership programmes including equivalent trade facilitation measures;
  • exchanging information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements set out in Article 16 of the CMAA and in the relevant legislation of the Contracting Parties;
  • establishing contact points for this purpose;
  • introducing, where appropriate, an interface for data exchange, including for prearrival or pre-departure data;
  • developing a strategy that allows the customs authorities to partner cooperatively in the area of cargo inspection;
  • collaborating, to the extent practicable, in any multilateral fora where issues related to supply chain security may be appropriately raised and discussed.

The draft Agreement constitutes an expansion of the CMAA in line with Article 23 of the CMAA, which sets down that the Contracting Parties may expand the CMAA with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters. The CMAA will remain the overall umbrella for customs cooperation between the Contracting Parties and the institutional set-up of the CMAA is proposed to be extended also to cover the draft Agreement. In practice, the EU-Canada Joint Customs Cooperation Committee (JCCC), established under

Article 20 of the CMAA, will administer both agreements and will be empowered to adopt the necessary implementing decisions in accordance with the respective domestic legislation of the Contracting Parties, e.g. on mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes.

BUDGETARY IMPLICATIONS: this proposal has no budgetary implications for the Union budget.

New

PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

PROPOSED ACT: Council Decision.

LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the customs relations between the EU and Canada are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) that entered into force on 1 January 1998.

In December 2005, the Canada Border Services Agency (CBSA) signalled its interest to move forward with closer cooperation between the EU and Canada on supply chain security. Following a series of exchanges of views, an agreement was found between the Commission and the CBSA on the possible scope of the new agreement expanding the EU-Canada customs cooperation.

On 26 November 2009, the Council adopted a decision authorising the Commission to open negotiations with Canada. The negotiations were launched in May 2011.

The negotiations have resulted in the draft Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security which builds on and expands the CMAA.

The aim of this proposal is to conclude this Agreement on behalf of the European Union.

CONTENT: by this draft Decision, the Commission proposes that the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security be approved on behalf of the Union.

Characteristics of the Agreement: the draft Agreement will establish a legal basis for EU-Canada customs cooperation on matters of supply chain security and risk management, including reinforcing the customs related aspects for securing the  logistics chain of international trade while at the same time:

  • facilitating legitimate trade;
  • establishing minimum standards, to the extent practicable, for risk management techniques and related requirements and programmes;
  • working towards and, where appropriate, establishing mutual recognition of risk management techniques, risk standards, security controls, container security and trade partnership programmes including equivalent trade facilitation measures;
  • exchanging information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements set out in Article 16 of the CMAA and in the relevant legislation of the Contracting Parties;
  • establishing contact points for this purpose;
  • introducing, where appropriate, an interface for data exchange, including for prearrival or pre-departure data;
  • developing a strategy that allows the customs authorities to partner cooperatively in the area of cargo inspection;
  • collaborating, to the extent practicable, in any multilateral fora where issues related to supply chain security may be appropriately raised and discussed.

The draft Agreement constitutes an expansion of the CMAA in line with Article 23 of the CMAA, which sets down that the Contracting Parties may expand the CMAA with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters. The CMAA will remain the overall umbrella for customs cooperation between the Contracting Parties and the institutional set-up of the CMAA is proposed to be extended also to cover the draft Agreement. In practice, the EU-Canada Joint Customs Cooperation Committee (JCCC), established under

Article 20 of the CMAA, will administer both agreements and will be empowered to adopt the necessary implementing decisions in accordance with the respective domestic legislation of the Contracting Parties, e.g. on mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes.

BUDGETARY IMPLICATIONS: this proposal has no budgetary implications for the Union budget.

activities/2/docs
  • url: http://register.consilium.europa.eu/servlet/driver?page=Result&typ=Advanced&cmsid=639&ff_COTE_DOCUMENT=&ff_COTE_DOSSIER_INST=&ff_TITRE=&ff_SOUS_COTE_MATIERE=&dd_DATE_DOCUMENT=&document_date_single_comparator=&document_date_single_date=&document_date_from_date=&document_date_to_date=&meeting_date_single_comparator=%3D&meeting_date_from_date=&meeting_date_to_date=&fc=REGAISEN&srm=25&md=100&ssf=DATE_DOCUMENT+DESC&lang=EN&ff_FT_TEXT=3170&dd_DATE_REUNION=31/05/2012&meeting_date_single_date=31/05/2012 type: Debate in Council title: 3170
activities/2/text
  • The Council discussed negotiations with Canada on a comprehensive economic and trade agreement. It addressed key outstanding issues, notably on rules of origin and intellectual property rights, with particular reference to pharmaceutical products.

    The Council was briefed by the Commission on progress achieved, especially in the areas of market access for goods, public procurement, services, dispute settlement and, to a lesser extent, sanitary and phytosanitary issues and investment protection.

    It took note of the Commission's assessment of the prospects for concluding the agreement in the near future, and called for full transparency in the final stages of the negotiations.

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Rules of Procedure of the European Parliament EP 138
activities/9/docs/0/text
  • The European Parliament adopted by 661 votes to 6, with 21 abstentions, a legislative resolution on the draft Council decision on the conclusion of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply-chain security.

    Parliament gave its consent to the conclusion of the Agreement.

activities/9/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2013-211 type: Decision by Parliament, 1st reading/single reading title: T7-0211/2013
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The Committee on International Trade unanimously adopted the recommendation by Peter ŠŤASTNÝ (PPE, SK) on the draft Council decision on the conclusion of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply-chain security.

The committee recommends the European Parliament to give its consent to the conclusion of the Agreement which seeks to reinforce the customs related aspects for securing the logistics chain of international trade - including container security - while at the same time facilitating legitimate trade.

New

The Committee on International Trade unanimously adopted the recommendation by Peter ŠŤASTNÝ (EPP, SK) on the draft Council decision on the conclusion of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply-chain security.

The committee recommends the European Parliament to give its consent to the conclusion of the Agreement which seeks to reinforce the customs related aspects for securing the logistics chain of international trade - including container security - while at the same time facilitating legitimate trade.

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  • The Committee on International Trade unanimously adopted the recommendation by Peter ŠŤASTNÝ (PPE, SK) on the draft Council decision on the conclusion of the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply-chain security.

    The committee recommends the European Parliament to give its consent to the conclusion of the Agreement which seeks to reinforce the customs related aspects for securing the logistics chain of international trade - including container security - while at the same time facilitating legitimate trade.

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  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP shadows: group: Verts/ALE name: JADOT Yannick group: ECR name: STURDY Robert group: GUE/NGL name: SCHOLZ Helmut responsible: True committee: INTA date: 2012-05-29T00:00:00 committee_full: International Trade rapporteur: group: EPP name: ŠŤASTNÝ Peter
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  • PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: the Council may adopt the act only if the European Parliament has given its consent.

    LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

    BACKGROUND: the Union and Canada should expand their customs cooperation to cover matters of supply chain security and related risk management with a view to increasing end-to-end supply chain security and at the same time facilitating legitimate trade.

    In accordance with a Council Decision, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security was signed, subject to its conclusion.

    The Agreement should be approved on behalf of the EU.

    LEGAL BASIS: Article 207(4) first subparagraph of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Article 218(6)(a) thereof.

    CONTENT: with this Council proposal, it is proposed to approve on behalf of the European Union, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

    The position to be adopted by the Union within the EU-Canada Joint Customs Cooperation Committee (JCCC), when called upon to adopt acts having legal effects, should be decided in accordance with the procedure set out in Article 218(9) of the Treaty on the Functioning of the European Union. Where necessary, other positions to be taken by the Union within the JCCC should be established by the Council in accordance with Article 16 of the Treaty on European Union.

    For further information concerning the main provision of the draft Agreement, as well as its financial implications for the European Union’s budget, please refer to the summary of the Commission’s initial legislative proposal, dated 28/03/2012.

activities/4/docs/0/text
  • PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: the Council may adopt the act only if the European Parliament has given its consent.

    LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

    BACKGROUND: the Union and Canada should expand their customs cooperation to cover matters of supply chain security and related risk management with a view to increasing end-to-end supply chain security and at the same time facilitating legitimate trade.

    In accordance with a Council Decision, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security was signed, subject to its conclusion.

    The Agreement should be approved on behalf of the EU.

    LEGAL BASIS: Article 207(4) first subparagraph of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Article 218(6)(a) thereof.

    CONTENT: with this Council proposal, it is proposed to approve on behalf of the European Union, the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

    The position to be adopted by the Union within the EU-Canada Joint Customs Cooperation Committee (JCCC), when called upon to adopt acts having legal effects, should be decided in accordance with the procedure set out in Article 218(9) of the Treaty on the Functioning of the European Union. Where necessary, other positions to be taken by the Union within the JCCC should be established by the Council in accordance with Article 16 of the Treaty on European Union.

    For further information concerning the main provision of the draft Agreement, as well as its financial implications for the European Union’s budget, please refer to the summary of the Commission’s initial legislative proposal, dated 28/03/2012.

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2013-05-21T00:00:00
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2013-05-22T00:00:00
activities/0/docs/0/text/0
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PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

PROPOSED ACT: Council Decision.

LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the customs relations between the EU and Canada are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) that entered into force on 1 January 1998.

In December 2005, the Canada Border Services Agency (CBSA) signalled its interest to move forward with closer cooperation between the EU and Canada on supply chain security. Following a series of exchanges of views, an agreement was found between the Commission and the CBSA on the possible scope of the new agreement expanding the EU-Canada customs cooperation.

On 26 November 2009, the Council adopted a decision authorising the Commission to open negotiations with Canada. The negotiations were launched in May 2011.

The negotiations have resulted in the draft Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security which builds on and expands the CMAA.

The aim of this proposal is to conclude this Agreement on behalf of the European Union.

CONTENT: by this draft Decision, the Commission proposes that the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security be approved on behalf of the Union.

Characteristics of the Agreement: the draft Agreement will establish a legal basis for EU-Canada customs cooperation on matters of supply chain security and risk management, including reinforcing the customs related aspects for securing the  logistics chain of international trade while at the same time:

  • facilitating legitimate trade;
  • establishing minimum standards, to the extent practicable, for risk management techniques and related requirements and programmes;
  • working towards and, where appropriate, establishing mutual recognition of risk management techniques, risk standards, security controls, container security and trade partnership programmes including equivalent trade facilitation measures;
  • exchanging information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements set out in Article 16 of the CMAA and in the relevant legislation of the Contracting Parties;
  • establishing contact points for this purpose;
  • introducing, where appropriate, an interface for data exchange, including for prearrival or pre-departure data;
  • developing a strategy that allows the customs authorities to partner cooperatively in the area of cargo inspection;
  • collaborating, to the extent practicable, in any multilateral fora where issues related to supply chain security may be appropriately raised and discussed.

The draft Agreement constitutes an expansion of the CMAA in line with Article 23 of the CMAA, which sets down that the Contracting Parties may expand the CMAA with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters. The CMAA will remain the overall umbrella for customs cooperation between the Contracting Parties and the institutional set-up of the CMAA is proposed to be extended also to cover the draft Agreement. In practice, the EU-Canada Joint Customs Cooperation Committee (JCCC), established under

Article 20 of the CMAA, will administer both agreements and will be empowered to adopt the necessary implementing decisions in accordance with the respective domestic legislation of the Contracting Parties, e.g. on mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes.

BUDGETARY IMPLICATIONS: this proposal has no budgetary implications for the Union budget.

New

PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

PROPOSED ACT: Council Decision.

LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the customs relations between the EU and Canada are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) that entered into force on 1 January 1998.

In December 2005, the Canada Border Services Agency (CBSA) signalled its interest to move forward with closer cooperation between the EU and Canada on supply chain security. Following a series of exchanges of views, an agreement was found between the Commission and the CBSA on the possible scope of the new agreement expanding the EU-Canada customs cooperation.

On 26 November 2009, the Council adopted a decision authorising the Commission to open negotiations with Canada. The negotiations were launched in May 2011.

The negotiations have resulted in the draft Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security which builds on and expands the CMAA.

The aim of this proposal is to conclude this Agreement on behalf of the European Union.

CONTENT: by this draft Decision, the Commission proposes that the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security be approved on behalf of the Union.

Characteristics of the Agreement: the draft Agreement will establish a legal basis for EU-Canada customs cooperation on matters of supply chain security and risk management, including reinforcing the customs related aspects for securing the  logistics chain of international trade while at the same time:

  • facilitating legitimate trade;
  • establishing minimum standards, to the extent practicable, for risk management techniques and related requirements and programmes;
  • working towards and, where appropriate, establishing mutual recognition of risk management techniques, risk standards, security controls, container security and trade partnership programmes including equivalent trade facilitation measures;
  • exchanging information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements set out in Article 16 of the CMAA and in the relevant legislation of the Contracting Parties;
  • establishing contact points for this purpose;
  • introducing, where appropriate, an interface for data exchange, including for prearrival or pre-departure data;
  • developing a strategy that allows the customs authorities to partner cooperatively in the area of cargo inspection;
  • collaborating, to the extent practicable, in any multilateral fora where issues related to supply chain security may be appropriately raised and discussed.

The draft Agreement constitutes an expansion of the CMAA in line with Article 23 of the CMAA, which sets down that the Contracting Parties may expand the CMAA with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters. The CMAA will remain the overall umbrella for customs cooperation between the Contracting Parties and the institutional set-up of the CMAA is proposed to be extended also to cover the draft Agreement. In practice, the EU-Canada Joint Customs Cooperation Committee (JCCC), established under

Article 20 of the CMAA, will administer both agreements and will be empowered to adopt the necessary implementing decisions in accordance with the respective domestic legislation of the Contracting Parties, e.g. on mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes.

BUDGETARY IMPLICATIONS: this proposal has no budgetary implications for the Union budget.

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2013-04-25T00:00:00
activities/5/date
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2013-04-16T00:00:00
New
2013-05-21T00:00:00
activities/0/docs/0/text/0
Old

PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

PROPOSED ACT: Council Decision.

LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the customs relations between the EU and Canada are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) that entered into force on 1 January 1998.

In December 2005, the Canada Border Services Agency (CBSA) signalled its interest to move forward with closer cooperation between the EU and Canada on supply chain security. Following a series of exchanges of views, an agreement was found between the Commission and the CBSA on the possible scope of the new agreement expanding the EU-Canada customs cooperation.

On 26 November 2009, the Council adopted a decision authorising the Commission to open negotiations with Canada. The negotiations were launched in May 2011.

The negotiations have resulted in the draft Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security which builds on and expands the CMAA.

The aim of this proposal is to conclude this Agreement on behalf of the European Union.

CONTENT: by this draft Decision, the Commission proposes that the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security be approved on behalf of the Union.

Characteristics of the Agreement: the draft Agreement will establish a legal basis for EU-Canada customs cooperation on matters of supply chain security and risk management, including reinforcing the customs related aspects for securing the  logistics chain of international trade while at the same time:

  • facilitating legitimate trade;
  • establishing minimum standards, to the extent practicable, for risk management techniques and related requirements and programmes;
  • working towards and, where appropriate, establishing mutual recognition of risk management techniques, risk standards, security controls, container security and trade partnership programmes including equivalent trade facilitation measures;
  • exchanging information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements set out in Article 16 of the CMAA and in the relevant legislation of the Contracting Parties;
  • establishing contact points for this purpose;
  • introducing, where appropriate, an interface for data exchange, including for prearrival or pre-departure data;
  • developing a strategy that allows the customs authorities to partner cooperatively in the area of cargo inspection;
  • collaborating, to the extent practicable, in any multilateral fora where issues related to supply chain security may be appropriately raised and discussed.

The draft Agreement constitutes an expansion of the CMAA in line with Article 23 of the CMAA, which sets down that the Contracting Parties may expand the CMAA with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters. The CMAA will remain the overall umbrella for customs cooperation between the Contracting Parties and the institutional set-up of the CMAA is proposed to be extended also to cover the draft Agreement. In practice, the EU-Canada Joint Customs Cooperation Committee (JCCC), established under

Article 20 of the CMAA, will administer both agreements and will be empowered to adopt the necessary implementing decisions in accordance with the respective domestic legislation of the Contracting Parties, e.g. on mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes.

BUDGETARY IMPLICATIONS: this proposal has no budgetary implications for the Union budget.

New

PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

PROPOSED ACT: Council Decision.

LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the customs relations between the EU and Canada are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) that entered into force on 1 January 1998.

In December 2005, the Canada Border Services Agency (CBSA) signalled its interest to move forward with closer cooperation between the EU and Canada on supply chain security. Following a series of exchanges of views, an agreement was found between the Commission and the CBSA on the possible scope of the new agreement expanding the EU-Canada customs cooperation.

On 26 November 2009, the Council adopted a decision authorising the Commission to open negotiations with Canada. The negotiations were launched in May 2011.

The negotiations have resulted in the draft Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security which builds on and expands the CMAA.

The aim of this proposal is to conclude this Agreement on behalf of the European Union.

CONTENT: by this draft Decision, the Commission proposes that the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security be approved on behalf of the Union.

Characteristics of the Agreement: the draft Agreement will establish a legal basis for EU-Canada customs cooperation on matters of supply chain security and risk management, including reinforcing the customs related aspects for securing the  logistics chain of international trade while at the same time:

  • facilitating legitimate trade;
  • establishing minimum standards, to the extent practicable, for risk management techniques and related requirements and programmes;
  • working towards and, where appropriate, establishing mutual recognition of risk management techniques, risk standards, security controls, container security and trade partnership programmes including equivalent trade facilitation measures;
  • exchanging information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements set out in Article 16 of the CMAA and in the relevant legislation of the Contracting Parties;
  • establishing contact points for this purpose;
  • introducing, where appropriate, an interface for data exchange, including for prearrival or pre-departure data;
  • developing a strategy that allows the customs authorities to partner cooperatively in the area of cargo inspection;
  • collaborating, to the extent practicable, in any multilateral fora where issues related to supply chain security may be appropriately raised and discussed.

The draft Agreement constitutes an expansion of the CMAA in line with Article 23 of the CMAA, which sets down that the Contracting Parties may expand the CMAA with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters. The CMAA will remain the overall umbrella for customs cooperation between the Contracting Parties and the institutional set-up of the CMAA is proposed to be extended also to cover the draft Agreement. In practice, the EU-Canada Joint Customs Cooperation Committee (JCCC), established under

Article 20 of the CMAA, will administer both agreements and will be empowered to adopt the necessary implementing decisions in accordance with the respective domestic legislation of the Contracting Parties, e.g. on mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes.

BUDGETARY IMPLICATIONS: this proposal has no budgetary implications for the Union budget.

activities/1/docs/1/text/0
Old

Executive summary of the Opinion of the European Data Protection Supervisor on the proposal for a Council decision on the conclusion of the Agreement between the European Union and Canada with respect to matters related to supply chain security.

The EDPS recalls that relations between the EU and Canada in the area of customs are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) of 1998, which allows the contracting parties to expand the agreement to increase customs cooperation.

On 28 March 2012, the Commission adopted a proposal for a Council decision on the conclusion of the Agreement between the European Union and Canada with respect to matters related to supply chain security. The proposal was sent to the EDPS on the same day.

The proposal aims at expanding the CMAA through a new, complementary agreement and at establishing a legal basis for EU-Canada customs cooperation on matters of supply chain security and related risk management.

The draft agreement also aims at providing a legal basis for the exchange of information. While the exchange of personal data is not the main aim of the proposal, significant exchanges of personal data will take place, especially related to operators.

The EDPS’ Opinion analyses (i) how the exchange of such personal data is regulated in the draft agreement; (ii) relevant provisions of the CMAA agreement insofar as they have an effect on the processing of personal data under the draft agreement.

Aim of the EDPS Opinion: according to the proposal, the draft agreement also aims at providing a legal basis for the exchange of information. While the exchange of personal data is not the main aim of the proposal, significant exchanges of personal data will take place, especially related to operators. The present Opinion will analyse how the exchange of such personal data is regulated in the draft agreement. The Opinion will also analyse the relevant provisions of the CMAA agreement insofar as they have an effect on the processing of personal data under the draft agreement. Taking into account that the draft agreement provides the legal basis for further cooperation, the Opinion also provides recommendations for future decisions or agreements requiring the exchange of personal data that may be adopted on the basis of the draft agreement.

Conclusion of the EDPS:

Although the EDPS welcomes the reference to the applicability of the confidentiality and privacy requirements of the contracting parties and the reference to Article 16 of the CMAA, he makes certain recommendations regarding additions to the text of the draft agreement where possible or in future decisions or agreements adopted on the basis of the draft agreement:

  • clarifying that matters not falling within the common commercial policy should be excluded from the scope of the agreement;
  • narrowing and better defining the scope of the exchanges of personal data;
  • specifying the categories of data to be exchanged;
  • as regards the processing of sensitive data, providing for adequate safeguards and subjecting the processing to prior check by EU national data protection authorities and the EDPS;
  • guaranteeing to all data subjects the rights of access, rectification and effective judicial and administrative redress;
  • informing data subjects on the characteristics of the processing;
  • requiring adequate security measures;
  • mentioning that compliance with the contracting parties personal data protection law shall be supervised by EU national data protection authorities, the EDPS and Canada's privacy commissioners;
  • consulting the EDPS on further JCCC decisions regarding the processing of personal data.
New

Executive summary of the Opinion of the European Data Protection Supervisor on the proposal for a Council decision on the conclusion of the Agreement between the European Union and Canada with respect to matters related to supply chain security.

The EDPS recalls that relations between the EU and Canada in the area of customs are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) of 1998, which allows the contracting parties to expand the agreement to increase customs cooperation.

On 28 March 2012, the Commission adopted a proposal for a Council decision on the conclusion of the Agreement between the European Union and Canada with respect to matters related to supply chain security. The proposal was sent to the EDPS on the same day.

The proposal aims at expanding the CMAA through a new, complementary agreement and at establishing a legal basis for EU-Canada customs cooperation on matters of supply chain security and related risk management.

The draft agreement also aims at providing a legal basis for the exchange of information. While the exchange of personal data is not the main aim of the proposal, significant exchanges of personal data will take place, especially related to operators.

The EDPS’ Opinion analyses (i) how the exchange of such personal data is regulated in the draft agreement; (ii) relevant provisions of the CMAA agreement insofar as they have an effect on the processing of personal data under the draft agreement.

Aim of the EDPS Opinion: according to the proposal, the draft agreement also aims at providing a legal basis for the exchange of information. While the exchange of personal data is not the main aim of the proposal, significant exchanges of personal data will take place, especially related to operators. The present Opinion will analyse how the exchange of such personal data is regulated in the draft agreement. The Opinion will also analyse the relevant provisions of the CMAA agreement insofar as they have an effect on the processing of personal data under the draft agreement. Taking into account that the draft agreement provides the legal basis for further cooperation, the Opinion also provides recommendations for future decisions or agreements requiring the exchange of personal data that may be adopted on the basis of the draft agreement.

Conclusion of the EDPS:

Although the EDPS welcomes the reference to the applicability of the confidentiality and privacy requirements of the contracting parties and the reference to Article 16 of the CMAA, he makes certain recommendations regarding additions to the text of the draft agreement where possible or in future decisions or agreements adopted on the basis of the draft agreement:

  • clarifying that matters not falling within the common commercial policy should be excluded from the scope of the agreement;
  • narrowing and better defining the scope of the exchanges of personal data;
  • specifying the categories of data to be exchanged;
  • as regards the processing of sensitive data, providing for adequate safeguards and subjecting the processing to prior check by EU national data protection authorities and the EDPS;
  • guaranteeing to all data subjects the rights of access, rectification and effective judicial and administrative redress;
  • informing data subjects on the characteristics of the processing;
  • requiring adequate security measures;
  • mentioning that compliance with the contracting parties personal data protection law shall be supervised by EU national data protection authorities, the EDPS and Canada's privacy commissioners;
  • consulting the EDPS on further JCCC decisions regarding the processing of personal data.
activities/2/text/0
Old

The Council discussed negotiations with Canada on a comprehensive economic and trade agreement. It addressed key outstanding issues, notably on rules of origin and intellectual property rights, with particular reference to pharmaceutical products.

The Council was briefed by the Commission on progress achieved, especially in the areas of market access for goods, public procurement, services, dispute settlement and, to a lesser extent, sanitary and phytosanitary issues and investment protection.

It took note of the Commission's assessment of the prospects for concluding the agreement in the near future, and called for full transparency in the final stages of the negotiations.

New

The Council discussed negotiations with Canada on a comprehensive economic and trade agreement. It addressed key outstanding issues, notably on rules of origin and intellectual property rights, with particular reference to pharmaceutical products.

The Council was briefed by the Commission on progress achieved, especially in the areas of market access for goods, public procurement, services, dispute settlement and, to a lesser extent, sanitary and phytosanitary issues and investment protection.

It took note of the Commission's assessment of the prospects for concluding the agreement in the near future, and called for full transparency in the final stages of the negotiations.

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  • DG: url: http://ec.europa.eu/taxation_customs/index_en.htm title: Taxation and Customs Union Commissioner: ŠEMETA Algirdas
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  • Executive summary of the Opinion of the European Data Protection Supervisor on the proposal for a Council decision on the conclusion of the Agreement between the European Union and Canada with respect to matters related to supply chain security.

    The EDPS recalls that relations between the EU and Canada in the area of customs are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) of 1998, which allows the contracting parties to expand the agreement to increase customs cooperation.

    On 28 March 2012, the Commission adopted a proposal for a Council decision on the conclusion of the Agreement between the European Union and Canada with respect to matters related to supply chain security. The proposal was sent to the EDPS on the same day.

    The proposal aims at expanding the CMAA through a new, complementary agreement and at establishing a legal basis for EU-Canada customs cooperation on matters of supply chain security and related risk management.

    The draft agreement also aims at providing a legal basis for the exchange of information. While the exchange of personal data is not the main aim of the proposal, significant exchanges of personal data will take place, especially related to operators.

    The EDPS’ Opinion analyses (i) how the exchange of such personal data is regulated in the draft agreement; (ii) relevant provisions of the CMAA agreement insofar as they have an effect on the processing of personal data under the draft agreement.

    Aim of the EDPS Opinion: according to the proposal, the draft agreement also aims at providing a legal basis for the exchange of information. While the exchange of personal data is not the main aim of the proposal, significant exchanges of personal data will take place, especially related to operators. The present Opinion will analyse how the exchange of such personal data is regulated in the draft agreement. The Opinion will also analyse the relevant provisions of the CMAA agreement insofar as they have an effect on the processing of personal data under the draft agreement. Taking into account that the draft agreement provides the legal basis for further cooperation, the Opinion also provides recommendations for future decisions or agreements requiring the exchange of personal data that may be adopted on the basis of the draft agreement.

    Conclusion of the EDPS:

    Although the EDPS welcomes the reference to the applicability of the confidentiality and privacy requirements of the contracting parties and the reference to Article 16 of the CMAA, he makes certain recommendations regarding additions to the text of the draft agreement where possible or in future decisions or agreements adopted on the basis of the draft agreement:

    • clarifying that matters not falling within the common commercial policy should be excluded from the scope of the agreement;
    • narrowing and better defining the scope of the exchanges of personal data;
    • specifying the categories of data to be exchanged;
    • as regards the processing of sensitive data, providing for adequate safeguards and subjecting the processing to prior check by EU national data protection authorities and the EDPS;
    • guaranteeing to all data subjects the rights of access, rectification and effective judicial and administrative redress;
    • informing data subjects on the characteristics of the processing;
    • requiring adequate security measures;
    • mentioning that compliance with the contracting parties personal data protection law shall be supervised by EU national data protection authorities, the EDPS and Canada's privacy commissioners;
    • consulting the EDPS on further JCCC decisions regarding the processing of personal data.
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http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=144
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  • group: Verts/ALE name: JADOT Yannick
  • group: ECR name: STURDY Robert
  • group: GUE/NGL name: SCHOLZ Helmut
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MOREIRA Vital
New
ŠŤASTNÝ Peter
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procedure/legal_basis
  • Treaty on the Functioning of the EU TFEU 207-p4
  • Treaty on the Functioning of the EU TFEU 218-p6a
activities/1/text
  • The Council discussed negotiations with Canada on a comprehensive economic and trade agreement. It addressed key outstanding issues, notably on rules of origin and intellectual property rights, with particular reference to pharmaceutical products.

    The Council was briefed by the Commission on progress achieved, especially in the areas of market access for goods, public procurement, services, dispute settlement and, to a lesser extent, sanitary and phytosanitary issues and investment protection.

    It took note of the Commission's assessment of the prospects for concluding the agreement in the near future, and called for full transparency in the final stages of the negotiations.

activities/1
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2012-05-31T00:00:00
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2012-05-29T00:00:00
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  • group: S&D name: MOREIRA Vital
activities/0/docs/0/text
  • PURPOSE: to conclude the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security.

    PROPOSED ACT: Council Decision.

    LEGAL BASIS: Article 207(4) first subparagraph, in conjunction with Article 218(6)(a) of the Treaty on the Functioning of the European Union (TFEU).

    CONTENT: the customs relations between the EU and Canada are based on the Agreement on customs cooperation and mutual assistance in customs matters (CMAA) that entered into force on 1 January 1998.

    In December 2005, the Canada Border Services Agency (CBSA) signalled its interest to move forward with closer cooperation between the EU and Canada on supply chain security. Following a series of exchanges of views, an agreement was found between the Commission and the CBSA on the possible scope of the new agreement expanding the EU-Canada customs cooperation.

    On 26 November 2009, the Council adopted a decision authorising the Commission to open negotiations with Canada. The negotiations were launched in May 2011.

    The negotiations have resulted in the draft Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security which builds on and expands the CMAA.

    The aim of this proposal is to conclude this Agreement on behalf of the European Union.

    CONTENT: by this draft Decision, the Commission proposes that the Agreement between the European Union and Canada on customs cooperation with respect to matters related to supply chain security be approved on behalf of the Union.

    Characteristics of the Agreement: the draft Agreement will establish a legal basis for EU-Canada customs cooperation on matters of supply chain security and risk management, including reinforcing the customs related aspects for securing the  logistics chain of international trade while at the same time:

    • facilitating legitimate trade;
    • establishing minimum standards, to the extent practicable, for risk management techniques and related requirements and programmes;
    • working towards and, where appropriate, establishing mutual recognition of risk management techniques, risk standards, security controls, container security and trade partnership programmes including equivalent trade facilitation measures;
    • exchanging information for supply chain security and risk management subject to the confidentiality of information and personal data protection requirements set out in Article 16 of the CMAA and in the relevant legislation of the Contracting Parties;
    • establishing contact points for this purpose;
    • introducing, where appropriate, an interface for data exchange, including for prearrival or pre-departure data;
    • developing a strategy that allows the customs authorities to partner cooperatively in the area of cargo inspection;
    • collaborating, to the extent practicable, in any multilateral fora where issues related to supply chain security may be appropriately raised and discussed.

    The draft Agreement constitutes an expansion of the CMAA in line with Article 23 of the CMAA, which sets down that the Contracting Parties may expand the CMAA with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters. The CMAA will remain the overall umbrella for customs cooperation between the Contracting Parties and the institutional set-up of the CMAA is proposed to be extended also to cover the draft Agreement. In practice, the EU-Canada Joint Customs Cooperation Committee (JCCC), established under

    Article 20 of the CMAA, will administer both agreements and will be empowered to adopt the necessary implementing decisions in accordance with the respective domestic legislation of the Contracting Parties, e.g. on mutual recognition of risk management techniques, risk standards, security controls and trade partnership programmes.

    BUDGETARY IMPLICATIONS: this proposal has no budgetary implications for the Union budget.

procedure/legal_basis
  • Treaty on the Functioning of the EU TFEU 207-p4
  • Treaty on the Functioning of the EU TFEU 218-p6a
activities/0/docs/0/url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=144
activities
  • date: 2012-03-28T00:00:00 docs: celexid: CELEX:52012PC0144:EN type: Legislative proposal published title: COM(2012)0144 type: Legislative proposal body: EC commission: DG: url: http://ec.europa.eu/taxation_customs/index_en.htm title: Taxation and Customs Union Commissioner: ŠEMETA Algirdas
committees
  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: True committee_full: International Trade committee: INTA
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National parliaments
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  • body: EC dg: url: http://ec.europa.eu/taxation_customs/index_en.htm title: Taxation and Customs Union commissioner: ŠEMETA Algirdas
procedure
legal_basis
reference
2012/0073(NLE)
title
EU/Canada Agreement: customs cooperation with respect to matters related to supply chain security
geographical_area
Canada
stage_reached
Preparatory phase in Parliament
subtype
Consent by Parliament
type
NLE - Non-legislative enactments
subject