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Agreement between the European Union and New Zealand on Cooperation and Mutual Administrative Assistance in Customs Matters
Treaty Code:
B2015-16
Treaty Type:
Bilateral/Plurilateral
Common Name:
EU CCC
Responsible Department:
Customs
Administering Department:
Treaty Status:
In Force
Treaty Summary:
Customs Cooperation Agreements (CCAs) provide an avenue for customs administrations to work proactively and closely together to establish strategic and tactical ways of implementing processes for the prevention, identification, investigation and suppression of customs offences. Customs administrations use CCAs to exchange information on customs legislation and customs rules as early as possible.
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The CCA with the EU follows a standard New Zealand model: namely, articles covering cooperation in customs procedures, supply chain security and risk management, mutual administrative assistance, information exchange, exchange of personnel and institutional arrangements. In relation to information exchange, the EU CCA will have to be applied within the limits of applicable New Zealand law. The EU CCA is broadly consistent with how we handle international information sharing.
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Under the proposed EU CCA, a Contracting Party may disclose information to a third party obtained pursuant to the EU CCA, if it is required by its domestic law to do so.
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The EU CCA clarifies that where there is overlapping coverage in the EU CCA with arrangements New Zealand Customs has with individual Member States, such as France, and the provisions are incompatible, the terms of the EU CCA prevail. The CCA with the EU does not cover criminal matters as this area is not within the EU mandate. However, the EU CCA does not prevent New Zealand Customs from seeking such other agreements with individual Member States.
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The EU CCA proposes the establishment of the Joint Customs Cooperative Committee (JCCC) which shall see to the proper functioning and implementation of the CCA. The JCCC also provides access to a shortened process for recognising Secure Traders without a separate negotiation of a mutual recognition scheme. It would be a fast track to developing and implementing pilot schemes as a precursor to the negotiation of an agreement and provides the opportunity to discuss trade facilitation and trade security measures with the EU.
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One further feature that is new to New Zealand practice is the obligation to deliver any documents or notices to an addressee within its jurisdiction, on request from another designated authority. This obligation is limited to assisting mail delivery, rather than enforcing another jurisdiction’s sanctions and does not extend to assistance to recover duties, taxes or fines.
Officials completed negotiations of the EU CCA in September 2015.
On 15 February 2016 the Minister of Foreign Affairs determined that the EU CCA is not a major bilateral treaty of particular significance and therefore should not be subject to the Parliamentary treaty examination process.
The Agreement was signed on 3 July 2017.
NZ Adherence Status:
In Force
Adherence Type:
Exchange of Letters
Signature Date:
03/07/2017
Adherence Date:
09/01/2018
Expired:
No
Date Concluded:
03/07/2017
Place Concluded:
Brussels
Entry Into Force Date:
01/05/2018
NZ Entry Into Force Date:
01/05/2018
Termination Date:
Withdrawal Date:
Withdrawal Notification Date:
NZ Objections:
No
NZ Reservations:
No
NZ Declarations:
No
NZ Territorial Applications:
None
NZTS Number:
NZTS 2018/02
UNTS Number:
Associated Treaties:
Other References:
Treaty Text Link:
Parties:
Adherence Type:
Exchange of Letters
Adherence Date:
16/04/2018
Signature Date:
03/07/2017
Entry Into Force:
01/05/2018
Contact Information:
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