HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 144/44
EN
Official Journal of the European Union
5.6.2012
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION OF THE US-EU JOINT CUSTOMS COOPERATION COMMITTEE
of 4 May 2012
regarding mutual recognition of the Customs-Trade Partnership Against Terrorism program in the
United States and the Authorised Economic Operators programme of the European Union
(2012/290/EU)
THE US-EU JOINT CUSTOMS COOPERATION COMMITTEE
EU, particularly with regard to the processing or use and
(hereinafter referred to as the ‘JCCC’),
transfer of personal data or information or data protection or
privacy,
Having regard to the Agreement between the European
Community and the United States of America on Customs
HAS DECIDED AS FOLLOWS:
Cooperation and Mutual Assistance in Customs Matters of
28 May 1997 (hereinafter referred to as the ‘CMAA’), and in
Section I
particular Article 22(2)(c) thereof,
Mutual recognition and responsibility for implemen
tation
Considering the Agreement between the European Community
1. The trade partnership programmes of the EU and the US are
and the United States of America on intensifying and broa
mutually recognised to be compatible and members of each
dening the CMAA to include cooperation on container
programme are treated in a manner consistent with Section
security and related matters concluded on 28 April 2004,
III.
Considering the need to further develop transatlantic
2. The customs authorities defined in Article 1(b) of the CMAA
cooperation and secure trade, particularly in accordance with
(hereinafter referred to as ‘customs authorities’) are
the World Customs Organisation 2011 Framework of
responsible for the implementation of this Decision.
Standards to Secure and Facilitate Global Trade (hereinafter
referred to as the ‘SAFE Framework’), as it may be amended
3. The trade partnership programmes concerned are:
with the concurrence of the European Union and the United
States,
(a) the European Union Authorised Economic Operator
(security and safety or customs simplifications/security
and safety)
Recognising that the United States of America (hereinafter
referred to as the ‘US’) and the European Union (hereinafter
(Council Regulation (EEC) No 2913/92
( 1 ) and
referred to as the ‘EU’) consider that customs security and
Commission Regulation (EEC) No 2454/93
( 2 ), as
safety, and the facilitation of the international trade supply
amended by Regulation (EC) No 648/2005 of the
chain, can be significantly enhanced through mutual recognition
European Parliament and of the Council ( 3 ) and Title
of their respective trade partnership programmes (hereinafter
IIA of Commission Regulation (EC) No 1875/2006 ( 4 ));
referred to as the ‘trade partnership programmes’); the
and
Customs-Trade Partnership against Terrorism (hereinafter
referred to as the ‘C-TPAT’) and Authorised Economic
(b) the US Customs-Trade Partnership Against Terrorism
Operator (hereinafter referred to as the ‘AEO’),
(tier two and tier three levels) (Security and Account
ability for Every (‘SAFE’) Ports Act of 2006).
Affirming that the C-TPAT and AEO programmes operate
within the context of the SAFE Framework,
4. This Decision, as it relates to compatibility, reflects the
current structure and territorial application of the C-TPAT
program and the AEO programme. This Decision does not
Acknowledging that mutual recognition allows the US and the
take into consideration future modifications of each
EU to facilitate trade of operators who have invested in supply
programme and expansion of their respective territorial
chain security and have been granted membership in either
application. The customs authorities understand that any
C-TPAT or AEO,
such programme modifications or expansion of territorial
application may necessitate the successful completion of
Recognising that examination of the C-TPAT and AEO
additional joint validations to the satisfaction of both
programmes revealed that their qualification standards for
customs authorities.
membership are compatible,
( 1 ) OJ L 302, 19.10.1992, p. 1.
( 2 ) OJ L 253, 11.10.1993, p. 1.
Affirming that this Decision does not constitute a precedent for
( 3 ) OJ L 117, 4.5.2005, p. 13.
any future agreements or arrangements between the US and the
( 4 ) OJ L 360, 19.12.2006, p. 64.

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Section II
(c) facilitating effective inter-agency communication between
the European Commission Directorate-General for
Compatibility
Taxation and Customs Union and US Customs and
The customs authorities cooperate to maintain compatibility of
Border Protection to enhance risk management
the standards applied to each programme with respect to the
practices with respect to supply chain security on the
following matters:
part of the members of the trade partnership
programmes.
(a) application process for granting membership to operators;
2. Exchanges of information are to be conducted in electronic
format and in accordance with the CMAA, in particular
(b) assessment of applications; and
Article 17 thereof.
(c) granting of membership and monitoring of membership
3. Data to be exchanged regarding members of the trade part
status.
nership programmes, where such exchanges are otherwise
authorised, include:
The customs authorities have completed a work programme
setting out a process of joint validations.
(a) name;
Section III
(b) address;
Treatment of members
1. Each customs authority treats operators holding a
(c) status of membership;
membership status under the other customs authority’s
programme in a manner comparable to the way it treats
members in its own trade partnership programme, to the
(d) validation or authorisation date;
extent practicable and possible and consistent with
applicable law and policy. This treatment includes, in
particular, taking favourably into account in its risk
(e) suspensions and revocations;
assessment, for the purpose of the conduct of inspections
or controls, the respective membership status of an operator
(f) the unique authorisation or identification number (in a
authorised by the other customs authority in order to
form mutually determined by the customs authorities);
facilitate EU-US trade and encourage the adoption of
and
effective security-related measures.
(g) details that may be mutually determined between the
2. Each customs authority may suspend treatment consistent
customs authorities, subject, where applicable, to any
with paragraph 1 to members of the other customs auth
necessary safeguards.
ority’s programme under this Decision. Such suspension of
treatment by one customs authority is to be promptly
communicated to the other customs authority providing
4. The exchange of data is expected to commence when the
any additional information regarding the basis for
customs authorities implement mutual recognition of
suspension as appropriate.
membership status as described in paragraph 1 of Section
III of this Decision.
3. Each customs authority promptly informs the other customs
authority in case it identifies any irregularity committed by a
Section V
member authorised by the other customs authority to allow
it to take an informed decision on the possible revocation or
Treatment of data
suspension of the membership of the operator concerned.
1. Consistent with the CMAA, in particular Article 17, the data
obtained by the receiving customs authority under this
Section IV
Decision are to be used and processed for the purposes of
implementing this Decision.
Exchange of information and communication
1. The customs authorities enhance communication in order to
2. The customs authorities strive to ensure that the information
implement this Decision effectively. They exchange
exchanged is accurate and regularly updated, and that appro
information and foster communication on their trade part
priate deletion procedures are in place. In the event a
nership programmes in particular by:
customs authority determines that information provided
under this Decision should be amended, the customs
(a) providing updates on operation and development of
authority providing this information is to promptly advise
their programmes in a timely manner;
the receiving customs authority of such amendments. Once
notified of such amendments, the receiving customs
authority is to promptly record such amendment.
(b) engaging in mutually beneficial exchanges of information
Information may not be processed and kept longer than
regarding supply chain security; and
necessary for the purpose for which it is transferred.

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3. In the event information with personal data is exchanged
delete information received under this Decision that is inac
pursuant to Section IV paragraph 3 (a) to (g), the customs
curate or incomplete or if its collection or further processing
authorities also take appropriate measures to ensure data
contravenes this Decision or the CMAA. Each customs
protection, security, confidentiality and integrity. The
authority is to notify the other if it becomes aware that
customs authorities ensure in particular that:
material information it has transmitted to the other
customs authority or received from the other customs
authority under this Decision is inaccurate or unreliable or
is subject to significant doubt. Where a customs authority
— security safeguards are in place (including electronic safe
determines that information it has received from the other
guards) which control, on a need-to-know basis, access
customs authority under this Decision is inaccurate, it is to
to such information obtained from the other customs
take all measures it deems appropriate to safeguard against
authority under this Decision and that it is used only
erroneous reliance on such information, including supple
for the purposes of this Decision,
mentation, deletion, or correction of such information.
— such information obtained from the other customs
authority under this Decision is protected from unauth
6. Compliance with provisions in this Section by each customs
orised access, dissemination, and alteration, deletion or
authority is subject to the independent oversight and review
destruction, except to the extent appropriate to
by their respective relevant authority (for the US side, the
implement the provisions of paragraph 2 above,
Department of Homeland Security’s Chief Privacy Officer; for
the EU, the European Data Protection Supervisor and the EU
Member States data protection authorities). These authorities
have effective powers of oversight, investigation, intervention
— information obtained from the other customs authority
and review, and have power to refer violations of law for
under this Decision is not transmitted to any other
prosecution or disciplinary action, where appropriate. They
country or international body without the prior
ensure that complaints relating to non-compliance are
consent of the customs authority that has provided this
received, investigated, responded to, and appropriately
information and only in accordance with the conditions
redressed.
specified by the latter,
— any such information may be used within the
Section VI
Contracting Parties to the CMAA to protect public
security interests and supply chain security relevant to
Review
this Decision, and for customs, import/export safety
The JCCC reviews the implementation of this Decision regularly.
and trade facilitation and enforcement, provided it is
The review includes, in particular:
subject to safeguards equivalent or comparable to those
set forth in this section,
(a) joint validations to identify strengths and weaknesses in
— such information obtained from the other customs
implementing this Decision;
authority under this Decision is stored at all times in
secure electronic and/or paper storage systems. Logs or
documentation are kept on all access, as well as
processing and use of such information obtained from
(b) exchanges of views on data to be shared and treatment of
the other customs authority.
operators, consistent with this Decision; and
4. With respect to any personal data which may be exchanged
pursuant to Section IV paragraph 3 (a) to (g), a programme
(c) exchanges of views on security provisions such as
member may request access to and/or amendment of such
procedures to be followed during and after a serious
data relating to him or her that are processed by a customs
security incident or when conditions merit suspension of
authority. Each customs authority is to advise its programme
mutual recognition.
members to make requests for access and/or amendment in
the first instance via their own trade partnership programme.
Where appropriate, and in accordance with its domestic
legislation, the customs authority is to correct any such
Section VII
inaccurate or incomplete data. Each customs authority also
informs programme members of the options for seeking
General acknowledgements
administrative and/or judicial redress.
1. This Decision aims to implement provisions of the CMAA
and of the Agreement between the European Community
and the United States of America on intensifying and broa
5. At the request of the supplying customs authority, the
dening the CMAA to include cooperation on container
receiving customs authority is to update, correct, block, or
security and related matters of 28 April 2004.

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2. This Decision is to be implemented consistent with the respective applicable laws, regulations, and
international agreements to which the EU or the US is a party.
3. This Decision does not create or confer any rights, privileges, or benefits upon any third party, person, or
entity, private or public.
4. Each customs authority is to be responsible for its own costs resulting from the implementation of this
Decision.
Section VIII
Commencement, suspension and discontinuation
1. The cooperation under this Decision commences upon signature by the JCCC Chairpersons.
2. Implementation of mutual recognition between the US and EU takes place consistent with Section III(1).
Either customs authority may suspend or discontinue cooperation under this Decision at any time, but
should provide at least thirty (30) days’ written notice thereof. Such notice is provided to or by US
Customs and Border Protection and the European Commission Directorate-General for Taxation and
Customs Union, respectively.
Done at Washington, DC, 4 May 2012.
For the European Union
For the United States of America
European Commission Director-General
Acting Commissioner
for Taxation and Customs Union
US Customs and Border Protection
Heinz ZOUREK
David V. AGUILAR

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