The proposal of a Council Decision published in the OJEU on February 5th, follows an initiative of the French Republic, and aims to reinforce cooperation between customs administrations, by laying down procedures under which customs administrations may act jointly and exchange personal and other data concerned with illicit trafficking activities, using new technology for the management and transmission of such information.

Experience gained since the entry into force of the Convention of July 26th 1995 on the use of information technology for customs purposes, the so-called “CIS convention”, has shown that the use of the Customs Information System for the sole purposes of sighting and reporting, discreet surveillance or specific checks does not make it possible to achieve fully the system's objective, which is to assist in preventing, investigating and prosecuting serious contraventions of national laws. These were also part of the common strategic objectives of the Strategy for the Evolution of the Customs Union as put forward by the Commission in its Communication COM2008 169 Final of April 2008.

The customs administrations of the Member States should therefore set up and maintain a joint automated information system for customs purposes, the so-called “Customs Information System”.

Customs Information System – CIS

The aim of the Customs Information System, in accordance with the draft Decision, would be to assist in preventing, investigating and prosecuting serious contraventions of national laws by making information available more rapidly, thereby increasing the effectiveness of the cooperation and control procedures of the customs administrations of the Member
States.

The Customs Information System will consist of a central database facility, accessible via terminals in each Member State. It will comprise exclusively data necessary to achieve its aim, including personal data, in the following categories:

• Commodities
• Means of transport
• Businesses
• Persons
• Fraud trends
• Availability of expertise
• Items detained, seized or confiscated

Data within those categories will be included in the Customs Information System only for the purpose of sighting and reporting, discreet surveillance, specific checks, or operational analysis. For that purpose, personal data within any of those categories may be included in the Customs Information System only if, especially on the basis of prior illegal activities, there are real indications to suggest that the person concerned has committed, is in the act of committing, or will commit serious contraventions of national laws.

Access, Amendment and Retention of data in the CIS

Direct access to data included in the CIS will be reserved for the national authorities designated by each Member State. These national authorities will be customs administrations, but may also include other authorities competent, according to the laws, regulations and procedures of the Member State, to act in order to achieve the aim of this Decision.

Only the supplying Member State or Europol will have the right to amend, supplement, correct or delete data which it has entered in the Customs Information System.

Data included in the Customs Information System will be kept only for the time necessary to achieve the purpose for which it was included. The need for their retention will be reviewed at least annually by the supplying Member State, or by Europol if the latter entered the data.

The supplying Member State, or Europol if the latter entered the data, may, within the review period, decide to retain data until the next review if their retention is necessary for the purposes for which they were included.

In order to ensure the proper application of the data protection provisions in this draft Decision, the Customs Information System will be regarded in every Member State as a national data file subject to national provisions and any more stringent provisions contained in this Decision. A period for the adoption of such national measures sufficient to achieve a level of protection of personal data at lea equal to that resulting from the principles of the 1981 Strasbourg Convention should be established.