Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters

TITLE VII FINAL PROVISIONS

Article 43

Article 43a

Article 43b

By 9 October 2017, the Commission shall carry out an assessment of:

• — the necessity of extending the export data contained in the directories referred to in Articles 18a and 18d, by including data on goods other than the ones laid down in point (b) of the first subparagraph of Article 18a(4) and in point (c) of Article 18d(1), and

• — the feasibility of extending the data contained in the transport directory, by including data on import, export and transit of goods by land and air.

Article 44

Without prejudice to the provisions  in Titles V and Va, the documents provided for in this Regulation may be replaced by computerized information produced in any form for the same purpose.

Article 45

In particular, the information referred to in the first subparagraph may not be sent to persons other than those in the Member States or within the Community institutions whose functions require them to know or use it. Nor may it be used for purposes other than those provided for in this Regulation, unless the Member State, or the Commission, which supplied it or entered it in the CIS has expressly agreed, subject to the conditions laid down by that Member State or by the Commission and insofar as such communication or use is not prohibited by the provisions in force in the Member State in which the recipient authority is based.

The competent authority which supplied that information shall be notified of such use forthwith.

Where the personal data relating to the person concerned are in the CIS, they shall be removed from it.

Article 46

For the purposes of applying this Regulation, Member States shall take all necessary steps to:

• (a) ensure effective internal coordination between the administrative authorities referred to in Article 1 (1);

• (b) establish in their mutual relations all necessary direct cooperation between the authorities empowered specifically for that purpose.

Article 47

Member States may decide by common accord whether procedures are needed to ensure the smooth operation of the mutual-assistance arrangements provided for in this Regulation, in particular in order to avoid any interruption of surveillance of persons or goods where this might be prejudicial to the detection of operations in breach of customs and agricultural legislation.

Article 48

The Commission shall be informed as early as possible of any refusal to grant assistance and the reasons given for refusal.

Article 49

Without prejudice to the Commission's right to be notified under other regulations in force, Member States shall transmit to the Commission administrative or legal decisions or the main elements thereof relating to the application of penalties for breaches of customs or agricultural legislation in cases which have been the subject of communications under Articles 17 or 18.

Article 50

Without prejudice to the expenses associated with the implementation of the CIS or damages under Article 40, Member States and the Commission shall waive all claims for the reimbursement of expenses incurred under this Regulation save, where appropriate, in respect of fees paid to experts.

Article 51

This Regulation shall not affect the application in the Member States of rules on criminal procedure and mutual assistance in criminal matters, including those on secrecy of judicial inquiries.

Article 51a

The Commission, in cooperation with the Member States, shall report each year to the European Parliament and to the Council on the measures taken in implementation of this Regulation.

Article 52

Article 53

It shall apply from 13 March 1998.

For carriers who, on 8 October 2015, are bound by private contracts that prevent them from fulfilling their obligation to report set out in Article 18a(4), that obligation shall apply from 9 October 2016.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

COMMUNICATION OF DATA

(Article 30 (1))

1. Communication to other public bodies

Communication of data to public bodies should be permissible only if, in a particular case:

• (a) there exists a clear legal obligation or authorization, or with the authorization of the supervisory authority; or

• (b) these data are essential for the recipient to fulfil his own lawful task, provided that the aim of the collection or processing to be carried out by the recipient is not incompatible with the original aim and that it is not precluded by the legal obligations of the communicating body.

Communication is exceptionally permissible if, in a particular case:

• (a) communication is undoubtedly in the interest of the data subject and the data subject has consented or if circumstances are such as to allow a clear presumption of such consent; or

• (b) communication is necessary so as to prevent a serious and imminent danger.

2. Communication to private individuals

The communication of data to private individuals should be permissible only if, in a particular case, there is a clear legal obligation or authorization, or with the authorization of the supervisory authority.

Communication to private individuals is exceptionally permissible if, in a particular case:

• (a) communication is undoubtedly in the interest of the data subject and the data subject has consented or circumstances are such as to allow a clear presumption of such consent; or

• (b) communication is necessary so as to prevent a serious and imminent danger.

3. International communication

Communication of data to foreign authorities should be permissible only:

• (a) if there exists a clear legal provision under national or international law;

• (b) in the absence of such a provision, if communication is necessary for the prevention of a serious and imminent danger;

and provided that domestic regulations for the protection of the data subject are not prejudiced.

4.1.   Requests for communication

Subject to specific provisions contained in national legislation or in international agreements, requests for communication of data should provide indications as to the body or person requesting them as well as the reason for the request and its objective.

4.2.   Conditions governing communication

As far as possible, the quality of data should be verified at the latest before their communication. As far as possible, in all communications of data, judicial decisions, as well as decisions not to prosecute, should be indicated and data based on opinions or personal assessments should be checked at source beforce being communicated and their degree of accuracy or reliability indicated.

If it is discovered that the data are no longer accurate and up-to-date, they should not be communicated; if outdated or inaccurate data have been communicated, the communicating body should inform as far as possible all the recipients of the data of their non-conformity.

4.3.   Safeguards for communication

The data communicated to other bodies, private individuals and foreign authorities should not be used for purposes other than those indicated in the request for communication.

Use of the data for other purposes should, without prejudice to paragraphs 1 to 4.2, be made subject to the agreement of the communicating body.

[^E0001]: Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

[^E0002]: As provided for in Article 22(2)(a) of Council Regulation (EC) No 2073/2004 of 16 November 2004 on administrative cooperation in the field of excise duties (OJ L 359, 4.12.2004, p. 1.).

[^E0003]: Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

[^E0004]: Council Directive 92/84/EEC of 19 October 1992 on the approximation of the rates of excise duty on alcohol and alcoholic beverages (OJ L 316, 31.10.1992, p. 29).

[^E0005]: Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco (OJ L 176, 5.7.2011, p. 24).

[^E0006]: Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51).

[^E0007]: Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

[^E0008]: OJ L 309, 25.11.2005, p. 9.

[^E0009]: Council Decision 2009/917/JHA of 30 November 2009 on the use of information technology for customs purposes (OJ L 323, 10.12.2009, p. 20).

[^E0011]: Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).