Customs Act 2015

41.

Naples II Convention and CIS Decision

41. (1) Subject to this Act, the Naples II Convention which was given the force of law in the State by section 2 of the Act of 2001, continues to have the force of law in the State and judicial notice shall be taken of it.

(2) The Commissioners are designated as—

(a) the national authority for the purposes of Articles 7(1) and 8(2) of the CIS Decision, and

(b) the competent customs administration for the purposes of Article 10 of the CIS Decision.

(3) The Data Protection Commissioner—

(a) who was designated by section 6 of the Act of 2001 as the national supervisory authority for the purposes of the Naples II Convention, continues to be so designated, and

(b) is designated as the national supervisory authority for the purposes of Article 24 of the CIS Decision.

(4) F4 [ ]

(5) F4 [ ]

(6) Subject to subsection (7), the State shall not be bound by Articles 20, 21 and 23 of the Naples II Convention or any part of those Articles.

(7) The Government may, by order, provide that the State shall be bound by Articles 20, 21 or 23 of the Naples II Convention or any part of those Articles.

(8) The Minister may make regulations for the purpose of enabling the Naples II Convention and the CIS Decision to have full effect.

(9) Without prejudice to the generality of subsection (8), regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of those regulations.

(10) F4 [ ]

(11) For the purposes of Article 26 of the Naples II Convention, paragraph (5)(a) of that Article shall continue to apply in the State.

(12) (a) Where a declaration is made pursuant to Article 26(4) of the Naples II Convention specifying that paragraph (5)(b) of that Article shall apply in the State, the Minister may by order declare that the declaration (the text of which shall be set out in the order) has been made.

(b) Subsection (11) shall cease to have effect on the commencement of an order made under paragraph (a).

(13) Judicial notice shall be taken of any ruling or decision of, or expression of opinion by, the Court of Justice of the European Union on any question as to the meaning or effect of any provision of the Naples II Convention or the CIS Decision.

(14) Where it is proposed to make an order under subsection (7) or (12), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House.

(15) In this section—

“Act of 2001” means Customs and Excise (Mutual Assistance) Act 2001;

‘CIS Decision’ means Council Decision 2009/917/JHA of 30 November 2009 6

on the use of information technology for customs purposes; ‘Customs Information System (CIS)’ means the joint automated system for customs purposes established by Article 1 of the CIS Decision; ‘Naples II Convention” means the Customs Co-operation Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and co-operation between customs administrations, done at Brussels on 18 December 1997.