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27.1.2012 Official
Journal
of
the
European
Union
L
24/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 23 January 2012
on the position to be taken by the European Union in the EEA Joint Committee concerning the
setting-up of a Joint Working Group to monitor the implementation of Chapter IIa of Protocol 10
to the EEA Agreement on simplification of inspections and formalities in respect of carriage of
goods and defining its rules of procedure
(2012/41/EU)
THE COUNCIL OF THE EUROPEAN UNION,
of Chapter IIa of that Protocol and to verify whether the
provisions of Chapter IIa of and Annexes I and II to that
Having regard to the Treaty on the Functioning of the European
Protocol are complied with,
Union, and in particular Article 114 and Articles 207(2) and
218(9) thereof,
HAS ADOPTED THIS DECISION:
Having regard to Council Regulation (EC) No 2894/94 of
28 November 1994 concerning arrangements for implementing
Article 1
the Agreement on the European Economic Area ( 1 ), and in
The position to be taken by the Union in the EEA Joint
particular Article 1(3) thereof,
Committee on the setting-up of a Joint Working Group to
monitor the implementation of Chapter IIa of Protocol 10 to
Having regard to the proposal from the European Commission,
the EEA Agreement on simplification of inspections and
formalities in respect of carriage of goods and defining its
Whereas:
rules of procedure shall be based on the draft Decision of the
EEA Joint Committee attached to this Decision.
(1) Protocol
10
to
the
Agreement
was
amended
by
Decision
of the EEA Joint Committee No 76/2009 of 30 June
2009 ( 2 ), with a view to inserting a new Chapter IIa on
Article 2
customs security measures.
This Decision shall enter into force on the day of its adoption.
(2) Article
9b
of
Protocol
10
provides
that,
in
bilateral
trade
between the Contracting Parties, the application of
customs security measures shall be waived, provided
Done at Brussels, 23 January 2012.
that there is an equivalent level of customs security on
their respective territories.
For the Council
(3) Article
9f
of
Protocol
10
also
provides
that
the
EEA
Joint
Committee shall define the rules allowing the Contracting
The President
Parties to ensure the monitoring of the implementation
M. GJERSKOV
( 1 ) OJ L 305, 30.11.1994, p. 6.
( 2 ) OJ L 232, 3.9.2009, p. 40.

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L 24/2
EN
Official Journal of the European Union
27.1.2012
DRAFT
DECISION No …/2011 OF THE EEA JOINT COMMITTEE
of …
setting up a Joint Working Group to monitor the implementation of Chapter IIa of Protocol 10 to
the EEA Agreement on simplification of inspections and formalities in respect of carriage of goods
and defining its rules of procedure
THE EEA JOINT COMMITTEE,
customs security provisions in Chapter IIa of Protocol 10 to the
EEA Agreement and to verify whether the provisions of Chapter
Having regard to the Agreement on the European Economic
IIa of and Annexes I and II to that Protocol are complied with.
Area, as amended by the Protocol adjusting the Agreement
on the European Economic Area (hereinafter ‘the EEA Agree
2. The
Working
Group
shall
operate
in
accordance
with
the
ment’), and in particular Article 92 and Article 94(3) thereof,
rules of procedure specified in the Annex to this Decision.
and Article 9f(1) of Protocol 10 to the EEA Agreement,
Whereas:
3. The
Working
Group
shall
report
to
Joint
Subcommittee
I

on the free movement of goods, as referred to in
Article 15(1)(a) of the Rules of Procedure of the EEA Joint
(1) Protocol
10
to
the
EEA
Agreement
was
amended
by
Decision of the EEA Joint Committee No 76/2009 of
Committee ( 2 ).
30 June 2009 ( 1 ), with a view to inserting a new
Chapter IIa on customs security measures.
Article 2
This Decision shall enter into force on …, provided that all the
(2) Article
9b
of
Protocol
10
provides
that,
in
bilateral
trade notifications under Article 103(1) of the Agreement have been
between the Contracting Parties, the application of
made to the EEA Joint Committee (*).
customs security measures shall be waived, provided
that there is an equivalent level of customs security on
their respective territories.
Article 3
This Decision shall be published in the EEA Section of, and in
(3) Article
9f
of
Protocol
10
also
provides
that
the
EEA
Joint the EEA Supplement to, the Official Journal of the European
Committee shall define the rules allowing the Contracting
Union.
Parties to ensure the monitoring of the implementation
of Chapter IIa of that Protocol and to verify whether the
provisions of Chapter IIa of and Annexes I and II to that
Protocol are complied with,
Done at Brussels, … .
HAS ADOPTED THIS DECISION:
Article 1
For the EEA Joint Committee
1. A
Joint
Working
Group
on
Customs
Security
Measures
(hereinafter ‘the Working Group’), is hereby established in
The Secretaries
order to ensure the monitoring of the implementation of the
The President
to the EEA Joint Committee
( 2 ) Decision of the EEA Joint Committee No 1/94 of 8 February 1994
adopting the Rules of Procedure of the EEA Joint Committee (OJ
L 85, 30.3.1994, p. 60).
(*) [No constitutional requirements indicated.] [Constitutional
( 1 ) OJ L 232, 3.9.2009, p. 40.
requirements indicated.]

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EN
27.1.2012 Official
Journal
of
the
European
Union
L
24/3
ANNEX
to Decision No …/2011 of the EEA Joint Committee
RULES OF PROCEDURE OF THE JOINT WORKING GROUP ON CUSTOMS SECURITY MEASURES
Article 1
Composition
The Working Group shall be composed of representatives of the European Union, representatives of the EFTA States and
representatives of the Member States of the European Union.
Article 2
Tasks
1. The Working Group shall evaluate the equivalency of customs security measures defined in the legislation of the
Contracting Parties. In particular, it shall monitor the implementation of the legislation concerning pre-arrival and pre-
departure information, security-related customs controls and risk management and the legislation concerning authorised
economic operators. It shall also exchange information on amendments to the legislation concerned.
2. The
Working
Group
shall
discuss
the
necessary
technical
amendments
to
Chapter
IIa
of
Protocol
10.
3. Upon a request of one of the Contracting Parties, the Working Group shall organise a meeting of a group of experts
to discuss a specific issue. The Working Group shall also review administrative procedures of the Contracting Parties. In
order to carry out such a review, the Working Group may agree to organise on-the-spot visits.
4. Upon a request of one of the Contracting Parties, the Working Group shall examine any issue which it considers
relevant for the implementation of the customs security measures defined in Chapter IIa of Protocol 10.
Article 3
Chairmanship
The meetings of the Working Group shall be chaired alternately every 6 months by a representative of the European
Union and by a representative of one of the EFTA States to which Chapter IIa of Protocol 10 applies.
Article 4
Meetings
1. The Working Group shall meet on a regular basis and at least once a year.
2. The meetings shall take place in Brussels or in any other place decided by the Chair of the Working Group.
3. The Chair shall convene the meetings of the Working Group. Invitations to the meeting shall be sent to the
participants referred to in Article 1 at least 10 working days before the meeting. In urgent matters, invitations may be
sent out at a shorter notice.
4. The
working
language
of
the
Working
Group
shall
be
English.
5. The
meetings
shall
not
be
public
unless
otherwise
agreed.
Article 5
Agenda
1. The Chair shall draw up the provisional agenda for each meeting. The provisional agenda shall be sent to the
participants referred to in Article 1 at least 10 working days before the meeting.
2. The Contracting Parties may request the inclusion of an agenda item either in writing to the Chair or prior to the
adoption of the agenda on the day of the meeting.

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L 24/4
EN
Official Journal of the European Union
27.1.2012
Article 6
Minutes
1. Minutes from each meeting of the Working Group shall be drawn up under the responsibility of the Chair. The
minutes shall indicate, with respect to each agenda item, the recommendations and/or the conclusions of the Working
Group.
2. The draft minutes shall be exchanged between the Contracting Parties and agreed within 20 working days after the
meeting.
Article 7
Expenses
The representatives of the Contracting Parties and the experts from the customs administrations of the Member States of
the European Union shall cover all expenses they incur as a result of their participation in the meetings of the Working
Group.

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