Convention of 26 July 1995 on the use of information technology for customs purposes

The purpose of this act is to assist in preventing, investigating and prosecuting serious breaches of national laws by increasing, through the rapid dissemination of information, the effectiveness of cooperation and control procedures of the customs administrations of the Member States.

The Member State's customs authorities will set up and maintain a joint automated information system for customs purposes, hereinafter referred to as the "Customs Information System" (CIS).

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

Direct access to data included in the Customs Information System is reserved exclusively for the national authorities designated by each Member State. These national authorities will be customs administrations, but may also include other authorities competent under the laws, regulations and procedures of the Member State in question to act in order to achieve the aim of the Convention.

Member States may only use data from the Customs Information System to achieve the Convention's aim; however, they may use it for administrative or other purposes with the prior authorisation of and subject to any conditions imposed by the Member State which entered it in the system. Such use must be in accordance with the laws, regulations and procedures of the Member State which seeks to use it and must take into account Principle 5.5 of Recommendation R (87) 15 of the Committee of Ministers of the Council of Europe dated 17 September 1987.

Each Member State will designate a competent customs administration to have national responsibility for the Customs Information System.

That administration will be responsible for the correct operation of the System within the Member State and will take the measures necessary to ensure compliance with the provisions of the Convention.

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

Each Member State will designate a national supervisory authority or authorities responsible for personal data protection to carry out independent supervision of such data entered in the Customs Information System.

A Joint Supervisory Authority will be set up. It will comprise two representatives from each Member State drawn from the respective independent national supervisory authority or authorities.

The CIS convention will be adopted by Member States in accordance with their respective constitutional requirements.