PROTOCOL drawn up on the basis
of Article K.3 of the Treaty on European Union, on the scope of
the laundering of proceeds in the Convention on the use of
information technology for customs purposes and the inclusion
of the registration number of the means of transport in the
Convention
THE HIGH CONTRACTING PARTIES to
this Protocol, Member States of the European Union,
REFERRING to the Act of the
Council of the European Union of 12 March 1999,
HAVING REGARD to the Convention
drawn up on the basis of Article K.3 of the Treaty on European
Union on the use of information technology for customs purposes
(1), hereinafter referred to as 'the Convention';
HAVE AGREED ON THE FOLLOWING
PROVISIONS:
Article 1
The second indent of Article
1(1) of the Convention shall be amended to read as follows:
'- the transfer, conversion,
concealment or disguise of property or proceeds derived from,
obtained directly or indirectly through or used in, illicit
international drug trafficking or any infringement of:
(i) all laws, regulations and
administrative provisions of a Member State the application of
which comes wholly or partly within the jurisdiction of the
customs administration of the Member State concerning
cross-border traffic in goods subject to bans, restrictions or
controls, in particular pursuant to Articles 36 and 223 of the
Treaty establishing the European Community, and non-harmonised
excise duties, or
(ii) the body of Community
provisions and associated implementing provisions governing the
import, export, transit and presence of goods traded between
Member States and third countries, and between Member States in
the case of goods that do not have Community status within the
meaning of Article 9(2) of the Treaty establishing the European
Community or goods subject to additional controls or
investigations for the purposes of establishing their Community
status, or
(iii) the body of provisions
adopted at Community level under the common agricultural policy
and the specific provisions adopted with regard to goods
resulting from the processing of agricultural products, or
(iv) the body of provisions
adopted at Community level for harmonised excise duties and for
value-added tax on importation together with the national
provisions implementing them.`
Article 2
The data categories listed in
Article 4 of the Convention shall be supplemented by the
following category:
'(ix) registration number of the
means of transport.`
Article 3
1. This Protocol shall be
subject to adoption by the Member States in accordance with
their respective constitutional requirements.
2. Member States shall notify
the depositary of the completion of their respective
constitutional requirements for adopting this Protocol.
3. This Protocol shall enter
into force 90 days after the notification, referred to in
paragraph 2, by the Member State which, being a member of the
European Union on the date of adoption by the Council of the
Act drawing up this Protocol, is the last to fulfil that
formality. However, it shall at the earliest enter into force
at the same time as the Convention.
Article 4
1. This Protocol shall be open
to accession by any State that becomes a Member State of the
European Union.
2. The instruments of accession
shall be deposited with the depositary.
3. The texts of this Protocol in
the language of the acceding State, drawn up by the Council of
the European Union, shall be authentic.
4. This Protocol shall enter
into force with respects to any State that accedes to it 90
days after the date of deposit of its instrument of accession
or on the date of entry into force of this Protocol if the
latter has not already entered into force upon expiry of the
said period of 90 days.
Article 5
Any State that becomes a Member
State of the European Union and accedes to the Convention in
accordance with Article 25 thereof shall accept the provisions
of this Protocol.
Article 6
1. Amendments to this Protocol
may be proposed by any Member State that is a High Contracting
Party. Any proposed amendment shall be sent to the depositary,
who shall communicate it to the Council.
2. Amendments shall be adopted
by the Council, which shall recommend them to the Member States
for adoption in accordance with their respective constitutional
requirements.
3. Amendments adopted in this
manner shall come into force in accordance with Article
Article 7
1. The Secretary-General of the
Council of the European Union shall act as depositary of this
Protocol.
2. The depositary shall publish
in the Official Journal of the European Communities the
notifications, instruments or communications concerning this
Protocol.
