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10.2.2011 Official
Journal
of
the
European
Union
L
36/3
PROTOCOL
extending to customs security measures the Agreement in the form of an Exchange of Letters
between the European Economic Community and the Principality of Andorra
THE EUROPEAN UNION,
of the one part, and
THE PRINCIPALITY OF ANDORRA,
of the other part,
hereinafter referred to respectively as ‘the Union’ and ‘the Principality of Andorra’ and jointly as ‘the Contracting Parties’,
HAVING REGARD TO the Agreement in the form of an Exchange of Letters between the European Economic
Community and the Principality of Andorra, signed in Luxembourg on 28 June 1990 (hereinafter ‘the Agreement’);
WHEREAS there is a need to maintain the existing level of facilitation of controls and formalities on the passage of goods
at frontiers between the Union and the Principality of Andorra and so ensure the smooth flow of trade between the two
Parties;
WHEREAS the Contracting Parties undertake to guarantee in their respective territories an equivalent level of security
through measures based on legislation in force in the Union;
WHEREAS it is desirable that Andorra be consulted on the development of Union rules concerning customs security
measures, that it take part in the relevant work of the Customs Code Committee and that it be notified of the
implementation of such rules;
WHEREAS the Contracting Parties are determined to improve security in the trade in goods entering or exiting their
territories without hampering trade flows;
WHEREAS, in the interests of the Contracting Parties, equivalent customs security measures should be introduced in
respect of the transport of goods to or from third countries;
WHEREAS, unlike the Agreement itself, the territorial scope of those customs security measures must be defined with
reference to the respective customs territories of the Contracting Parties;
WHEREAS those customs security measures must also apply to agricultural products (Chapters 1 to 24 of the
Harmonised System), which are excluded from the customs union established between the Contracting Parties;
WHEREAS those customs security measures concern the declaration of security data relating to goods prior to their entry
and exit, the management of security risks and related customs controls and the allocation of authorised economic
operator status for mutually recognised security purposes;
WHEREAS the Principality of Andorra has an adequate level of personal data protection ( 1 );
WHEREAS in the case of customs security measures there should be provision for appropriate rebalancing measures,
including suspension of the relevant provisions where the equivalence of customs security measures is no longer assured,
( 1 ) Commission Decision 2010/625/EU of 19 October 2010 pursuant to Directive 95/46/EC of the European Parliament and of the
Council on the adequate protection of personal data in Andorra (OJ L 277, 21.10.2010, p. 27).

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L 36/4
EN
Official Journal of the European Union
10.2.2011
AGREE AS FOLLOWS:
with this arrangement, particularly if the proposed agreement
includes provisions that derogate from the customs security
measures set out in this Title.
Article 1
In order to extend the scope of the Agreement to customs
security measures, the following Title shall be inserted into
Article 12d
the Agreement:
Place for lodging the declaration prior to entry and exit
of goods
‘TITLE IIA
1. The
declaration
prior
to
entry
of
goods
shall
be
lodged
ARRANGEMENT CONCERNING CUSTOMS SECURITY
with the competent authority of the Contracting Party into
MEASURES
whose customs territory the goods are brought from third
countries. That authority shall carry out a risk analysis based
CHAPTER I
on data contained in the declaration and any customs
security controls deemed necessary, including cases where
Customs security measures and monitoring their
goods are destined for the other Contracting Party.
implementation
Article 12a
2. The
declaration
prior
to
exit
of
goods
shall
be
lodged
Territories covered
with the competent authority of the Contracting Party in
This Title shall apply, on the one hand, to the Community
whose customs territory the formalities for exportation or,
customs territory and, on the other, to the customs territory
where appropriate, exit to third countries are carried out.
of the Principality of Andorra.
That competent authority shall carry out a risk analysis
based on the data in that declaration together with the
customs security controls deemed necessary.
Article 12b
Adoption of the Community acquis
3. When
goods
destined
for
a
third
country
leave
the
1. The
Principality
of
Andorra
shall
adopt
the
customs
customs territory of a Contracting Party through the
security measures applied by the Union. “Customs security
customs territory of the other Contracting Party, the
measures” shall mean the provisions concerning the
declaration prior to the exit of the goods shall be lodged
declaration of goods prior to their entry to and exit from
only with the competent authorities of the second
the customs territory, authorised economic operators, and
Contracting Party.
customs security checks and security-related risk
management, which are applicable in line with the relevant
customs legislation in force at any time in the Union. The
Article 12e
Joint Committee referred to in Article 17 shall draw up a
detailed list of the provisions concerned.
Customs security controls and security-related risk
management
2. Notwithstanding
their
exclusion
from
the
customs
1. For
the
purpose
of
customs
security
controls,
each
union between the Union and the Principality of Andorra
Contracting Party shall establish a risk management
pursuant to Article 2, the customs security measures shall
framework, risk criteria and priority areas for security-
also apply to the agricultural products covered by Chapters
related customs controls.
1 to 24 of the Harmonised System.
Article 12c
2. The
Contracting
Parties
shall
recognise
the
equivalence
of their security-related risk management systems.
General principles
1. The Contracting Parties undertake to apply to the
carriage of goods to and from third countries the customs
3. The
Contracting
Parties
shall
cooperate
with
a
view
to:
security measures set out in Article 12b(1) and thus to ensure
an equivalent level of security at their external borders.
— exchanging information with the aim of improving and
strengthening their risk analysis and the effectiveness of
2. The
Contracting
Parties
shall
refrain
from
applying
the
security-related customs controls, and,
customs security measures set out in Article 12b(1) to the
carriage of goods between their customs territories.
— establishing in good time a common framework for risk
3. The
Contracting
Parties
shall
consult
each
other
prior
to
management, common risk criteria and common priority
the conclusion of any agreement with a third country relating
areas for controls, and setting up an electronic system to
to customs security measures in order to ensure consistency
implement such common management of risk.

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EN
10.2.2011 Official
Journal
of
the
European
Union
L
36/5
4. The
Joint
Committee
shall
adopt
any
other
measure
Article 12h
necessary for the application of this Article.
Protection of professional secrecy and personal data
Article 12f
The information exchanged by the Contracting Parties as part
of the measures provided for in this Title shall enjoy the
Monitoring the implementation of customs security
protection extended to professional secrecy and personal
measures
data as defined in the relevant laws applicable in the
territory of the recipient Contracting Party.
1. The Joint Committee shall determine how the
Contracting Parties are to monitor the implementation of
this Title and to verify compliance with the customs
security measures.
In particular, that information may not be transferred to
persons other than the competent bodies in the Contracting
Party concerned, nor may it be used by those bodies for
2. That monitoring may take the form of:
purposes other than those provided for in this Agreement.
— regular assessments of the implementation of this Title,
and in particular of the equivalence of customs security
CHAPTER II
measures,
Management of the arrangement
— a review to improve the way in which it is applied or to
Article 12i
amend its provisions so that it better fulfils its objectives,
Development of law
— the organisation of thematic meetings between experts of
1. As
soon
as
the
Union
draws
up
new
legislation
relating
both Parties and audits of administrative procedures,
to customs security measures, it shall seek an informal
including on-the-spot visits.
opinion of Andorran experts.
3. The
Joint
Committee
shall
ensure
that
measures
taken
under this Article uphold the rights of the economic
2. The
Union
shall
enable
Andorran
experts
to
participate
operators concerned.
as observers for items concerning them in meetings of the
Customs Code Committee, which assists the European
Commission in the exercise of its implementing powers in
Article 12g
matters covered by Title IIA. The provisions set out in
Articles 66 to 68 of Decision No 1/2003 of the EC-
Exchange of information concerning authorised
Andorra Joint Committee (*) shall apply mutatis mutandis.
economic operators
The European Commission and the competent Andorran
authorities shall regularly inform each other of the identities
3. When
the
European
Commission
sends
its
proposal
to
of their authorised economic operators for the purposes of
the European Parliament and/or to the Council of the
security, and include the following information:
European Union, or its draft implementing measures to the
Member States, it shall send a copy to the Principality of
Andorra.
(a) the Trader Identification Number (TIN) in a format
compatible with Economic Operator Registration and
Identification (EORI) legislation;
At the request of one of the Contracting Parties, a
preliminary exchange of views may take place in the Joint
(b) the names and addresses of authorised economic
Committee.
operators;
(c) the number of the document granting the status of
4. In the phase prior to the adoption of the new Union
authorised economic operator;
legislation, and at the request of one of their number, the
Contracting Parties shall consult each other again on the Joint
(d) current status (current, suspended, withdrawn);
Committee in a continuous process of information and
consultation.
(e) periods of altered status;
5. The
Contracting
Parties
shall
cooperate
during
the
(f) the date on which the certificate becomes effective;
information and consultation phase with a view to facili
tating, at the end of the process, the simultaneous application
by the Contracting Parties of the new legislation referred to in
(g) the authority which issued the certificate.
paragraph 1.

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L 36/6
EN
Official Journal of the European Union
10.2.2011
Article 12j
CHAPTER III
Agreements with third countries
Miscellaneous provisions concerning the arrangement
relating to customs security measures
The Contracting Parties agree that agreements concluded by
either of them with a third country in an area covered by
Article 12l
Title IIA shall not create obligations for the other Party,
unless the Joint Committee decides otherwise.
Revision
If a Contracting Party wishes to have the arrangement
revised, it shall submit a proposal to that effect to the
other Party. The revision shall enter into force after the
Article 12k
respective internal procedures of the Parties have been
completed.
Rebalancing measures
1. A
Contracting
Party
may,
after
consultations
within
the
___________
Joint Committee, take appropriate rebalancing measures,
(*) OJ L 253, 7.10.2003, p. 3.’.
including suspension of the provisions of Title IIA, if it
finds that the other Party is not adhering to its conditions
or if the equivalence of the Contracting Parties’ customs
security measures is no longer assured.
Article 2
This Protocol shall form an integral part of the Agreement.
Article 3
Where any delay could jeopardise the effectiveness of
customs security measures, provisional protective measures
1. This
Protocol
shall
be
approved
by
the
Contracting
Parties
may be taken, without prior consultation, provided that
in accordance with their own procedures. It shall enter into
consultations are held immediately after their adoption.
force on 1 January 2011, provided that the Contracting
Parties have notified one another before that date that the
requisite procedures have been completed.
2. If
this
Protocol
does
not
enter
into
force
on
1
January
2. If the equivalence of the Contracting Parties’ customs
2011, it shall enter into force on the day following the date on
security measures is no longer assured because the new legis
which the Contracting Parties notify one another that the
lation provided for in Article 12i has not been adopted by
requisite procedures have been completed.
the Principality of Andorra, the Union may suspend the
application of Title IIA, unless the Joint Committee, having
considered how to continue its application, decides otherwise.
3. Pending
completion
of
the
procedures
referred
to
in
paragraphs 1 and 2, the Contracting Parties shall apply this
Protocol provisionally from 1 January 2011 or a later date
agreed by them.
3. The
scope
and
duration
of
such
measures
shall
be
limited to what is necessary in order to remedy the
Article 4
situation and to secure a fair balance of rights and obligations
Languages
under this Title. A Contracting Party may ask the Joint
Committee to hold consultations about the proportionality
This Protocol shall be drawn up in duplicate in the Bulgarian,
of those measures. If the Joint Committee is unable to settle
Czech, Danish, Dutch, English, Estonian, Finnish, French,
the dispute, it may, where appropriate, decide to submit it to
German, Greek, Hungarian, Italian, Latvian, Lithuanian,
arbitration in accordance with Article 18(2). No question of
Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian,
interpretation of the relevant provisions of Union law may be
Spanish, Swedish and Catalan languages, all texts being
resolved within this framework.
equally authentic.

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EN
10.2.2011 Official
Journal
of
the
European
Union
L
36/7
За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europiske Union
Für die Europische Union
Euroopa Liidu nimel
Για την Ευρωπακ νωση
For the European Union
Pour l'Union européenne
Eiropas Savienības vārdā –
Europos Sajungos vardu
Az Európai Unió részérl
Gall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela Unio Europeia
Pentru Uniunea European
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
Fr Europeiska unionen
Per l'Unione europea
За Княжество Андора
Por el Principado de Andorra
Za Andorrské kníectví
For Fyrstendmmet Andorra
Für das Fürstentum Andorra
Andorra Vürstiriigi nimel
Για το Πριγκιπτο τη Ανδρα
For the Principality of Andorra
Pour la Principauté d'Andorre
Per il Principato di Andorra
Andoras Firstistes vārdā –
Andoros Kunigaiktysts vardu
Az Andorrai Hercegség részérl
Gall-Prinipat ta' Andorra
Voor het Vorstendom Andorra
W imieniu Ksistwa Andory
Pelo Principado de Andorra
Pentru Principatul Andorra
Za Andorrské knieatstvo
Za Kneevino Andoro
Andorran ruhtinaskunnan puolesta
Fr Furstendmet Andorra
Pel Principat d'Andorra

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