Статья 10«Протокол между Федеральной таможенной службой (Российская Федерация) и Агентством таможни и государственной монополии (Итальянская Республика) об организации обмена информацией о товарах, перемещаемых между Российской Федерацией и Итальянской Республикой» [рус., англ.]

Вступление в силу

Настоящий Протокол вступает в силу с даты его подписания. Любая из Сторон вправе прекратить действие настоящего Протокола путем направления другой Стороне письменного уведомления о таком своем намерении. В этом случае действие настоящего Протокола прекращается через 30 дней с даты получения указанного уведомления.

Совершено Триесте 26 ноября 2013 года в двух экземплярах, каждый на русском, итальянском и английском языках, причем все тексты имеют одинаковую силу. В случае разногласий для целей толкования будет использоваться текст на английском языке.

Состав информации, передаваемый Итальянской Стороной на первом этапе реализации обмена информацией (номера граф соответствуют Единому административному документу, SAD)

BETWEEN THE FEDERAL CUSTOMS SERVICE (RUSSIAN FEDERATION) AND THE CUSTOMS AND MONOPOLIES AGENCY (ITALIAN REPUBLIC) ON THE EXCHANGE OF INFORMATION ON GOODS EXCHANGED BETWEEN THE RUSSIAN FEDERATION AND THE ITALIAN REPUBLIC

(Trieste, 26.XI.2013)

The Federal Customs Service (Russian Federation) and the Customs and Monopolies Agency (Italian Republic) (hereinafter referred to as «the Parties»),

Considering the Agreement between the Government of the Russian Federation and the Government of the Italian Republic on cooperation and mutual administrative assistance in customs matters, signed in Rome on February 10, 1998 (hereinafter referred to as «the Agreement»),

Having regard to the Memorandum of Understanding between the Federal Customs Service (Russian Federation) and the Italian Customs and Monopolies Agency signed in Rome on 28^{th} March 2013,

Acknowledging the importance assigned to the international cooperation in the development of modern forms and methods of customs controls,

Recognizing the need to introduce trade facilitations and to speed up the customs procedures for the goods set under customs procedures,

Recognizing the necessity to strengthen the customs cooperation through electronic exchange of information, with a view to improve the efficiency and effectiveness of the customs controls on goods exchanged between the Parties,

Agree as follows:

The Parties shall implement the exchange of information with a view to reach the following objectives:

• to speed up the customs procedures connected to the goods set under customs procedures at the border and inland customs offices of the States of the Parties;
• document reduction which need for Customs formalities and Customs procedures;
• minimizing the use of forms and methods of Customs control of goods on the basis of analysis of information on goods with risk analysis system.

1. The exchange of information shall be organized in two phases:

a) phase 1: concerns the exchange of information on goods imported into the Russian Federation, originated and exported from the Italian Republic.

b) phase 2: concerns:

• the exchange of information on goods originated and exported from the Russian Federation and imported into the Republic of Italy;
• the exchange of information on goods imported into the Russian Federation, originated and exported from the Italian Republic.

2. Each exchange of information phase lasts 6 months. This period can be prolonged by mutual agreement between the Parties notified by means of exchange of letters.

3. The Russian and Italian Companies, which are distinguished by the low level of infringements in customs regulations, including, for Italy, the companies enjoying the status of Authorized Economic Operator, shall participate in the exchange of information on a voluntary basis.

The exchange of information, contained in customs declarations, shall be realized directly between the Parties.

The list of goods, companies and Customs bodies participating in the exchange of information shall be approved by mutual agreement between the Parties, notified by means of exchange of letters.

The realization of the exchange of information shall not result in any case of unfair competition.

1. According to this Protocol, the Parties shall exchange each other the information needed for the verification on truthfulness of the data included in customs declarations by using the relevant identification number which for the Russian Party is the number of the customs declaration for the goods and for the Italian Party is the MRN (Movement reference number);

2. The list of data to be exchanged is listed in the Annex to this Protocol;

3. Interested Party shall request to other Party confirmation of the authenticity of data included in the customs declaration of goods in value specified in the Annex to this Protocol according to Article 15 of the Agreement;

4. The full set of information to be exchanged, the related exchange procedures, the technologies to be used to ensure data security and the start of each phase shall be mutually agreed by the Parties with a separate technical act to be signed by the two Customs Administrations.

5. Receiving Party shall provide reply to the requesting Party according to the information stated in the Annex of the Protocol.

6. The information received by the Parties under this Protocol shall be used in accordance with the provision of Article 15 of the Agreement and without any prejudice for the implementation of the other provisions of the Agreement.

Information, communications and documents made available to the requesting Administration under this Protocol shall enjoy the same protection as is afforded by the national legislation to documents and information of the same kind.

Each Party shall appoint a specific Office as contact point to deal with the exchange of information and for any technical problems related to the implementation of the exchange of information.

Within 2 months after signing of this Protocol the Parties shall define and sign the technical act foreseen by Article 3 of this Protocol.

The following topics shall be included in the technical act:

• Technologies and terms to be used for the exchange of information;
• Structure and format of data to be exchanged;
• Methodologies of cooperation, in the frame of the working principles of the exchange of information;
• Requirements for ensuring data security;

Each of the Parties can appoint own officials at the premises of the other Party as liaison officer in order to support the own Party in the effective implementation of the exchange of information. Each Party shall bear the relevant costs for its own officials.

For the implementation of this Protocol, the Parties shall held consultations and provide each other mutual assistance free of charge.

Any amendment to this Protocol shall be made through mutual agreement between the Parties by signing a new Protocol.

Any disputes between the Parties concerning the application and interpretation of the procedures of this Protocol shall be solved through consultations and negotiations.

This Protocol shall enter into force on the date of its signature. Each of the Parties can withdraw from the Protocol by sending written notification to the other Party about such intention. In this case the Protocol terminates after 30 days from the date of receiving such a notification.

Done in Trieste on November, 26, 2013 in duplicate in the Russian, Italian and English languages, both, copies being equally authentic. In the case of disagreements in the interpretation of the Protocol the English language version shall prevail.

The list of data that the Italian Party will provide in the First Phase in the framework of the exchange of information (the numbers of the boxes indicated below are the same of the Single Administrative Document, SAD)