Tag Archives: China

EEC-China Trade and Economic Cooperation Agreement

EEC-China Trade and Economic Cooperation Agreement

Outline of the Community (European Union) legislation about EEC-China Trade and Economic Cooperation Agreement

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Asia

EEC-China Trade and Economic Cooperation Agreement

Document or Iniciative

Council Regulation (EEC) No 2616/85 of 16 September 1985 concerning the conclusion of a Trade and Economic Cooperation Agreement between the European Economic Community and the People’s Republic of China.

Trade and Economic Cooperation Agreement between the European Economic Community and the People’s Republic of China.

Summary

This Agreement replaces the trade agreement concluded between the European Economic Community (EEC) and the People’s Republic of China on 3 April 1978. It aims to introduce a new stage, to promote and intensify trade and to encourage the steady expansion of economic cooperation in the mutual interest of both parties.

Trade cooperation

Both parties confirm their determination to encourage trade, improve its structure in order to diversify it, and take the necessary measures to facilitate it.

They grant each other most-favoured nation treatment in all matters regarding:

  • customs duties and charges of all kinds (including the procedures for the collection of such duties or charges) applied to the import, export, re-export, or transit of products;
  • regulations, procedures and formalities concerning customs clearance, transit, warehousing and transhipment of products imported or exported;
  • taxes and other internal charges levied directly or indirectly on products or services imported or exported;
  • administrative formalities for the issue of import or export licences.

There are, however, exceptions. This treatment is not applied to:

  • advantages accorded by the EEC or China to:

– states with which they share membership of a customs union or free trade area;

– neighbouring countries for the purpose of facilitating border trade;

  • measures which the EEC or China may take in order to meet their obligations under international commodity agreements.

The Agreement also aims to achieve a balance in trade; it therefore provides for any obvious imbalance to be examined by the Joint Committee with a view to recommendations.

China must give favourable consideration to EEC imports. The EEC, for its part, will gradually move towards greater liberalisation for imports from China. It will endeavour to expand the list of products that may be freely imported and increase the amount of quotas.

Provision is made for information to be exchanged before either party takes any action. In exceptional cases where rapid action is required, the two parties must hold friendly consultations as soon as possible before acting. Both parties are to ensure that in any event their actions do not prejudice the general objectives of the Agreement.

Trade in goods and the provision of services is to be effected at market-related prices and rates. Payments for the transactions may be made in any convertible currency accepted by the two parties concerned by the transactions.

Economic cooperation

In order to promote the development of their industry and agriculture, diversify their economic links, encourage scientific and technological progress, open up new sources of supply and new markets, help to develop their economies and raise their respective standards of living, the two parties agree to develop economic cooperation in:

  • industry and mining;
  • agriculture, including agro-industry;
  • science and technology;
  • energy;
  • transport and communication;
  • the protection of the environment;
  • cooperation in third countries.

The EEC and China will also encourage industrial and technical cooperation through, for instance, joint production, joint ventures, common exploitation, the transfer of technology, contacts and activities to promote exchanges between the business communities, seminars, cooperation between financial institutions, consultancy services, technical assistance and continuous exchange of information.

The parties also undertake to encourage investment, in particular by creating a favourable climate by providing investment promotion and protection arrangements.

The EEC states that it is prepared to continue its development activities in China in the context of development aid. The Member States are, for their part, entirely free to engage in bilateral activities in the field of economic cooperation and to conclude new economic cooperation agreements with China where appropriate.

Joint Committee

The Agreement establishes a Joint Committee made up of representatives of the contracting parties. It meets once a year, in Brussels and Beijing alternately, and is chaired by each party in turn. Extraordinary meetings may be convened and working parties set up. The Joint Committee’s tasks are:

  • to monitor and examine the functioning of the Agreement;
  • to examine any questions that may arise in the implementation of the Agreement;
  • to examine issues that might hinder cooperation;
  • to examine new means and possibilities of developing trade and economic cooperation;
  • to make recommendations for achieving the objectives of the Agreement.

The Agreement was concluded for an initial period of five years and is renewed automatically every year provided neither of the contracting parties gives written notice of termination six months before its expiry. The Agreement is still in force in 2004.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Council Regulation (EEC) No 2616/85 and Trade and Economic Cooperation Agreement between the European Economic Community and the People’s Republic of China. 22.09.1985 OJ L 250 of 19.9.1985

Related Acts

In 1994 and 2002 the Agreement was supplemented by exchanges of letters establishing broader political dialogue between the EU and China.

In 2003 the Commission adopted a policy paper on “A maturing partnership – shared interests and challenges in EU-China relations” [COM(2003) 533 final] which supplements and updates the 2001 Communication on ” EU strategy towards China: Implementation of the 1998 communication and future steps for a more effective EU policy.”

In 2006, the Commission proposed and made recommendations to strengthen the EU – China partnership in its Communication entitled ‘EU – China: Closer partners, growing responsibilities’, of 24 October 2006 [COM(2006) 631 final].

Council Decision of 16 November 2004 on the conclusion of an Agreement between the European Community and the Government of the People’s Republic of China on cooperation and mutual administrative assistance in customs matters [Official Journal L 375 of 23 December 2004].

Agreement between the European Community and the Government of the People’s Republic of China on cooperation and mutual administrative assistance in customs matters [Official Journal L 375 of 23 December 2004].

This agreement entered into force on 1 April 2005.

EU-China relations: a maturing partnership

EU-China relations: a maturing partnership

Outline of the Community (European Union) legislation about EU-China relations: a maturing partnership

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Asia

EU-China relations: a maturing partnership

Document or Iniciative

Commission guidance document of September 10 entitled “A maturing partnership – shared interests and challenges in EU-China relations” (updating of Commission communications of 1998 and 2001 on EU-China relations) [COM(2003) 533 final – Not published in the Official Journal].

Summary

This document, adopted by the Council on 13 October 2003, reviews the achievements of the 2001 strategy towards China, and the 1998 document aimed at establishing a “global partnership” with the country. The Commission believes that the overall objectives are still largely valid, but recognises the need to update the action plan.

The new maturity of this relationship is based on closer coordination. The range of issues has widened, political dialogue has evolved and a number of sectoral agreements have been concluded. In the current climate, there is undeniable interest in acting as strategic partners, given the increasing importance of both actors on the world stage and their converging positions, particularly with regard to the essential role of organisations and multilateral systems.

Charting a course for EU action

The document sets out five priority areas, each accompanied by its context, its implementation since 2001 and the new actions proposed by the EU and China. The first is shared responsibilities in promoting global governance. According to the Commission, China could play a fundamental role in reconciling the interests of developing and developed countries, and in promoting peace and stability in Asia.

With an increasingly active and constructive foreign policy, China has seen how well the measures proposed by the 2001 strategy have progressed. Political dialogue has been strengthened, with priority on human rights and participation in it diversified. Issues concerning Taiwan, Hong Kong and Macao have also been addressed, as have disarmament and global environmental issues.

Co-operation on Burma/Myanmar, illegal migration and trafficking in human beings has been stepped up. On the issue of trafficking, the Commission wants to conclude a readmission agreement.

New actions proposed by the Commission in this area include reinforced political dialogue that stresses quality over quantity through the organisation of more frequent consultations, and the coordination of Member States’ policies towards China, putting China on the agenda in the EU’s dialogue with certain third countries.

There are three levels of priorities for political dialogue:

  • bilateral: human rights, finding a solution to the question of Tibet, illegal migration, greater cooperation in areas of justice and home affairs, Hong Kong, Macao and Taiwan;
  • regional: strengthening cooperation on issues of mutual concern in the region as regards to assuring peace and security, a continuation of China’s dynamic approach in the ASEM process, enhancing consultations with China on the ASEAN Regional Forum (ARF) to reinforce the ARF’s role on regional security issues;
  • global: more frequent dialogue on global governance issues, the promotion of a coordinated approach and of joint EU-China initiatives, the promotion of multilateralism, of security, non-proliferation/disarmament issues, strengthened dialogue on counter-terrorism, collaboration in the face of global environmental challenges and joint research into SARS.

The second activity is supporting China’s transition to an open society based upon the rule of law and the respect for human rights. China has made progress towards the rule of law, and civil society has developed significantly. There is, however, still a significant gap between the current human rights situation in China and internationally accepted standards. Although EU-China dialogue has borne fruit, through the organisation of seminars, exchanges of views and assistance programmes, there are still issues to be resolved, such as the death penalty, administrative detention and torture. Freedom of expression, of religion and of association and the rights of minorities are still causes for concern.

The proposed new actions involve stepping up cooperation projects to complement the dialogue. This dialogue should be carried out at junior minister level, focusing on areas that are lagging behind, placing emphasis on increased visibility and transparency, and promoting exchanges between experts. Cooperation programmes should revolve around human rights and good governance, with training programmes for legal professionals, and a sharing of know-how and ensuring that it is widely applied. A third aspect involves support for civil society, encouraging contacts and providing assistance for capacity-building and the creation of networks.

Promoting China’s economic opening at home and abroad is the third activity proposed. China’s integration into the world economy is in everyone’s interest, and the Commission is eager to assist in the process. In the wake of its accession to the WTO in 2001, China has benefited greatly from globalisation, becoming a powerhouse of economic growth for the region.

Despite progress in internal reform, some problems remain. They are mainly linked to market access, services, the enforcement of intellectual property rights and adherence to international standards. Reform and opening have been accompanied by a significant rise in unemployment and underemployment, creating a sizeable rural-urban divide.

In 2001, an EU network was created to track China’s implementation of WTO commitments, with regular consultations and joint studies. Sectoral dialogue has also been stepped up, notably with regard to industrial products, the information society, environmental policies, research and the promotion of human development. New bilateral agreements have been drawn up for maritime transport and the “authorised destination status”. Proposals for agreements on administrative assistance for satellite navigation have also been set up.

The Commission believes that new actions are required in the following areas:

  • the WTO, trade and investment; The Commission is putting forward various initiatives for the adoption of WTO commitments, the Doha Development Agenda, regional integration, intellectual property rights, support for initiatives from Community industry, and other measures linked directly to trade;
  • sectoral issues, including industrial products, the information society, sanitary and phyto-sanitary questions, energy and environmental policies, nuclear research, science and technology, the ITER fusion research project and a cooperation agreement in the framework of the Galileo satellite navigation project;
  • economic and social reform; The Commission proposes supporting reforms in all these areas, promoting exchanges of experience in areas of regional and macroeconomic policies, a cooperation project for the reform of social security, dialogue on industrial policy and efforts to involve civil society more closely.

The fourth activity is the EU-China Co-operation Programme – a mutually beneficial partnership underpinning EU objectives. China is part of many Union-financed programmes in the Asian region (the Asia Information Technology and Communication Programme, Asia-Invest, Asia-Link, etc.), which has improved its cooperation with the Union. There is, however, a delay in the implementation of the National Indicative Programme (NIP) for 2002-2004, and the Commission therefore proposes completing the mid-term NIP review and drawing up a new programme to cover 2005-2006. The Chinese authorities should be involved in its preparation, and the multiannual approach should be maintained. Coordination with, and consideration of existing horizontal assistance programmes is also needed.

The fifth and final activity aims at increased EU visibility in China. The increasing access of individual Chinese citizens to sources of information should allow the EU get its message across. The Commission proposes to concentrate on four points: sharing China’s concern for a more balanced international order, the defence of a number of shared values, support for reforms underway in China, and the fact that the EU is a major global trading power and market.

Further Commission proposals in this domain include a series of activities such as a study of the perception of the EU in China, spreading more information, raising awareness in China of EU cooperation with China, and reinforcing people-to-people exchanges. Rationalising the current institutional structure, and prioritising quality and effective coordination are other concerns for which the Commission has solutions to propose.

Related Acts

Council Decision of 16 November 2004 on the conclusion of an Agreement between the European Community and the Government of the People’s Republic of China on cooperation and mutual administrative assistance in customs matters [Official Journal L 375 of 23.12.2004].

Proposal of 23 April 2004 for a Council Decision on the signing of the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) – GALILEO between the European Community and its Member States and the People’s Republic of China [COM(2003) 578 final – Not published in the Official Journal].

2004/265/EC: Council Decision of 8 March 2004 concerning the conclusion of thebetween the European Community and the National Tourism Administration of the People’s Republic of China on visa and related issues concerning tourist groups from the People’s Republic of China (ADS) [Official Journal L 083 of 20.03.2004].

Strategy document for China 2002-2006, approved on 1 March 2002 ( )

Communication from the Commission to the Council and the European Parliament of 15 May 2001, “EU Strategy towards China: Implementation of the 1998 Communication and Future Steps for a more Effective EU Policy” [COM(2001) 265 final – Not published in the Official Journal]

2000/16/EC: Council Decision of 2 December 1999 concluding the Agreement for scientific and technological cooperation between the European Community and the Government of the People’s Republic of China [Official Journal L 006 of 11.01.2000].

Communication from the Commission of 25 March 1998 – Building a comprehensive partnership with China [COM (1998) 181 final – not published in the Official Journal].

Communication from the Commission – A long-term Policy for China-Europe Relations [COM(1995) 279 final – Not published in the Official Journal].

Council Regulation (EEC) No 2616/85 of 16 September 1985 concerning the conclusion of abetween the European Economic Community and the People’s Republic of China [Official Journal L 250 of 19.09.1985].

EU-China: closer partners, growing responsibilities

EU-China: closer partners, growing responsibilities

Outline of the Community (European Union) legislation about EU-China: closer partners, growing responsibilities

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Asia

EU-China: closer partners, growing responsibilities

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 24 October 2006 entitled “EU-China: closer partners, growing responsibilities” [COM(2006) 631 final – Not published in the Official Journal].

Summary

The European Union (EU) supports the sustainable development of China by strengthening its partnership for political, economic and social reform. Strong economic growth in China has promoted stability and poverty reduction but the country still faces significant challenges.

In this respect, the two partners have decided to re-assess their trade and cooperation agreement in order to establish a more global partnership, covering the whole of their relationship.

The Commission also presents the cooperation priorities for the partners, which take into consideration their joint interests and the development of their relationship.

Supporting political transition

The EU and China hold regular political dialogue on human rights, the protection of minorities and the strengthening of the rule of law. In this field, the partners shall:

  • orient their objectives towards achieving concrete results;
  • monitor their actions;
  • coordinate their actions with bilateral dialogues conducted between China and the EU Member States.

Promoting energy efficiency and environmental protection

China and the EU are two of the principal actors in the global energy markets. Their cooperation is carried out within a context of increased energy demands. In particular, it aims to:

  • improve transparency and the regulatory environment of the energy sector;
  • exchange techniques and information for managing resources effectively, and the development of renewable energies;
  • favour investment and the opening up of public procurement;
  • promote the application of international standards.

On the basis of a joint declaration in 2005, the EU assists China on preventing pollution, protecting biodiversity, combating deforestation, and the sustainable management of fisheries, water resources and raw materials.

This declaration also opens the way for closer cooperation on tackling climate change, specifically in order to meet the requirements of the Kyoto Protocol.

Balancing economic and social development

The EU proposes extending the political dialogue to decent work standards, health and the ageing population.

In addition, China must reform its growth model in order to promote social inclusion and to increase the purchasing power of its population. The partners shall cooperate to define and implement balanced monetary and fiscal policies.

Improving trade and economic relations

The EU is China’s largest trading partner. Its imports represent more than 19 % of China’s external trade. In addition, the growing Chinese market represents a significant export opportunity for European companies.

In order to comply with commitments to the World Trade Organization (WTO), the partners must specifically:

  • promote the opening up of the Chinese market to investments and exports;
  • define fair trade rules, specifically regarding protecting intellectual property rights and decent work standards;
  • resolve trade disputes through dialogue or trade defence measures and the WTO dispute settlement system.

Strengthening sectoral cooperation

More targeted bilateral cooperation is needed in the following fields:

  • cooperation in science and technology, including the participation of researchers in the respective research programmes and projects of each of the partners;
  • immigration, to establish a legal framework for exchanges and readmission, but also concerning the fight against organised crime and terrorism;
  • cultural exchanges, by supporting relations between the civil societies;
  • education, through student exchange programmes and interaction between universities.

Encouraging security and international cooperation

The EU and China both have an interest in conducting a structured dialogue on peace and security in certain regions of the world, particularly in East Asia, where China is a key player. The EU also supports dialogue between China and Taiwan in order to promote the stability of the region.

The cooperation also concerns transparency on military expenditure, nuclear non-proliferation and the progressive lifting of the European arms embargo.

Lastly, the partners must work together to coordinate international actions in the area of development aid, particularly for sustainable development, peace and stability in Africa.

 

Strategy for cooperation with China

Strategy for cooperation with China

Outline of the Community (European Union) legislation about Strategy for cooperation with China

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Relations with third countries > Asia

Strategy for cooperation with China (2007-2013)

Document or Iniciative

European Commission – China Strategy Paper 2007-2013 .

Summary

Relations between the European Union (EU) and China have progressed towards a strategic partnership. This cooperation, which developed on the basis of a Trade and Economic Cooperation Agreement, now covers a large number of sectors thanks to the establishment of a stronger partnership.

This cooperation programme is an important element of that relationship.

Political dialogue

The partners are continuing to develop their ties through regular political dialogue, particularly in the areas of:

  • climate change and energy;
  • legal and illegal immigration;
  • human rights;
  • trade in goods and services, and market access;
  • the European arms embargo;
  • cooperation on foreign and security policy, with particular attention to conflict prevention and combating weapons of mass destruction;
  • justice, freedom and security, focusing on combating terrorism, organised crime, trafficking of human beings, drugs, and the trafficking of small arms and light weapons.

The political dialogue also serves as a framework for the negotiation of a Partnership and Co-operation Agreement (PCA).

Cooperation priorities

In the area of trade, the partnership supports trade liberalisation and China’s commitments in accordance with the rules of the World Trade Organisation (WTO). China’s significance in international trade is such that the country must demonstrate its ability to respect fair and equitable conditions of competition. Similarly, the EU supports the restructuring of the financial services sector in view of the increase in trade in services.

Cooperation in the area of civilian aviation should help to improve aviation safety and security, considering the rapid development of the aviation market and the country’s position as a transit hub within Asia. Action to provide regulatory technical assistance is in place, as are research projects, including for the development of green air transport.

China must reduce the negative social impact of its economic reforms in order to increase its social and territorial cohesion. This should be done through policies at regional level, employment and decent work, social security and health. The partners may therefore exchange experience in particular areas such as the labour market, social exclusion and pensions.

Similarly, cooperation must be increased in the education and training sector, for the development of student and professional exchange programmes, particularly in the field of science.

Finally, the partners must combine their efforts to combat climate change, to develop legal and economic instruments for environmental protection and to ensure the sustainable management of energy and water resources.

Cooperation and dialogue between the EU, Africa and China

Cooperation and dialogue between the EU, Africa and China

Outline of the Community (European Union) legislation about Cooperation and dialogue between the EU, Africa and China

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Development > African Caribbean and Pacific states (ACP)

Cooperation and dialogue between the EU, Africa and China

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 17 October 2008 entitled The EU, Africa and China: Towards trilateral dialogue and cooperation [COM(2008) 654 final – Not published in the Official Journal].

Summary

The Commission proposes a new tripartite approach to reinforce cooperation and dialogue between the European Union (EU), Africa and China. The Commission recognises that adding to bilateral partnerships in order to promote the stable and sustainable development of Africa is of mutual interest.

The EU, Africa and China should base this cooperation on common objectives, which are defined progressively and consistent with national and regional development strategies.

This new approach should lead to joint working on questions of development and increasing the effectiveness of aid. Sharing experience and good practice should contribute to this aim, in particular with regard to financial instruments, Official Development Assistance (ODA) and Foreign Direct Investment (FDI).

Firstly, the partnership could concentrate on five priority objectives:

  • reinforcing security and support for peace-keeping operations;
  • developing affordable and sustainable infrastructures to reinforce interconnectivity and regional integration. The EU-Africa partnership for infrastructures (FR) could contribute to this objective;
  • protection of the environment and management of natural resources within a context of economic and commercial growth. The Commission proposes to cooperate with the African Union (AU) and African countries in order to promote sustainable management, technology transfers and investments;
  • the increase in agricultural production, the quality of production and food security, in particular with a view to meeting the objectives of the Comprehensive Africa Agriculture Development Programme (FR).

The tripartite partnership is an extension of bilateral political dialogues between the African Union (AU), the EU and China, as well as dialogue between the EU and China. The partnership will be based on regular strategic dialogue as well as specific consultations.

The Commission proposes to establish a network of exchange and information between the competent national and regional authorities. Organising an annual coordination meeting of development partners should contribute to the evaluation of priorities for cooperation whilst integrating the initiatives of international organisations, funding providers and civil society.

Context

During the summit held in Lisbon in 2007, the heads of state and government of the EU and African countries adopted a new joint strategic partnership. This strategy provides a global framework for strengthening relations between the EU and Africa and an action plan for the period 2008-2010. The EU is the largest provider of Official Development Assistance (ODA) and the first commercial partner for Africa. This partnership also aims to establish synergies with other partners and international funding providers.

Cooperation between China and Africa is mainly directed at commercial exchange, investment, infrastructure projects and aid in social domains and training. This partnership was reinforced by the adoption of a new strategy in 2006 during the Forum on China-Africa Cooperation (FOCAC).

Their respective methods for cooperation contribute to meeting the objectives of the partnership for development (MDGs) and the integration of Africa into the world economy.

Agreement with China

Agreement with China

Outline of the Community (European Union) legislation about Agreement with China

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Fight against fraud > Protecting the European Union’s financial interests

Agreement with China

Document or Iniciative

Council Decision 2004/889/EC of 16 November 2004 on the conclusion of an Agreement between the European Community and the Government of the People’s Republic of China on cooperation and mutual administrative assistance in customs matters.

Summary

This Agreement improves cooperation between the administrative authorities responsible for the application of customs legislation *. Action to tackle operations in breach of EU and Chinese customs legislation is more effective if it is backed up by mutual assistance in customs matters. The operations concerned are those prejudicial to the economic, fiscal and commercial interests of the Parties: it is essential to any State to ensure the accurate assessment of customs duties and other taxes.

Developing customs cooperation

The Parties to the Agreement undertake to develop customs cooperation, in particular by:

  • establishing channels of communication;
  • facilitating effective coordination between administrative authorities;
  • providing for joint action on administrative matters;
  • facilitating the legitimate movement of goods;
  • exchanging information and expertise on customs procedures;
  • providing each other with technical assistance, e.g. exchanges of personnel and experts, training and the exchange of professional data, etc.;
  • seeking a coordinated position when customs topics are discussed in international organisations.

Mutual administrative assistance

Under the Agreement, customs authorities will assist each other by providing information to ensure the proper application of customs legislation: this does not prejudice the application of existing rules governing mutual assistance in criminal matters. Nor does it apply to information obtained at the request of judicial authorities. However, assistance to recover duties, taxes or fines, the arrest or detention of any person and the seizure or detention of property is not covered by this Agreement. The Agreement with China provides both for assistance on request and spontaneous assistance.

Assistance on request: The requested authority must provide the applicant authority with all information which may enable it to ensure that customs legislation is correctly applied. Such information may relate to:

  • activities that may result in offences within the territory of the other Party, for example, the presentation of incorrect declarations or other falsified documents;
  • the authenticity of official documents produced in support of a goods declaration;
  • the legality of exports and imports of goods from the territory of one of the Contracting Parties to the territory of the other and the customs procedure applied.

The requested authority must also, within the framework of its competence and at the request of the applicant authority, take the necessary steps to ensure special surveillance. Surveillance relates to persons in respect of whom there are reasonable grounds for believing that they have committed an infringement of the customs legislation of one of the Parties. It can also cover places, stocks and goods transported, as well as means of transport that may have been used under fraudulent conditions.

6. Spontaneous assistance: In cases where a formal request is not possible in view of the urgency of a situation that could involve substantial damage to the economy, public health, public security or similar vital interest, the Parties will assist each other at their own initiative.

Formal aspects and exceptions to the obligation to provide assistance

Requests must comply with certain requirements of form and substance in relation to: the formal endorsement of the applicant authority, the action requested, the object of and the reason for the request, etc. The requested authority proceeds, within the limits of its competence and available resources, as though it were acting on its own account. It executes the requests in accordance with the legally binding instruments applicable in its own jurisdiction. The response must be in writing.

Exceptions to the obligation to provide assistance are allowed: assistance may be refused or may be subject to certain requirements if it is likely to prejudice:

  • the sovereignty of the People’s Republic of China or that of an EU Member State which has been requested to provide assistance;
  • public order, security or other essential interests.

The Agreement contains confidentiality clauses in relation to the information provided. The Agreement applies to the customs territory of the People’s Republic of China and to the territories in which the Treaty establishing the European Communities is applied, i.e. in the 25 EU Member States. It entered into force on 1 April 2005.

Key terms

Customs legislation: customs legislation includes any legal provisions of the European Community or of China which govern the import, export and transit of goods or their placing under any other customs regime or procedure, including measures of prohibition, restriction and control (Article 1(a)).

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2004/889/EC 01.04.2005 Official Journal L 375 of 23.12.2004