Official Journal
of the European Union

EN

L series


REGULATION (EU) 2025/13 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 19 December 2024

on the collection and transfer of advance passenger information for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and amending Regulation (EU) 2019/818

THE EU-SAN MARINO COOPERATION COMMITTEE,
Having regard to the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino (1), and in particular Articles 7(2), 8(3), 13(2) and 23(3) thereof,
Whereas:
(1) The Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino (‘the Agreement’) entered into force on 1 April 2002.
(2) As a result of the entry into force of the Agreement, the Interim Agreement on Trade and Customs Union between the European Economic Community and the Republic of San Marino (2) ceased to apply.
(3) The EU-San Marino Cooperation Committee (‘the Cooperation Committee’) is required by the Agreement to take a number of decisions for the proper implementation thereof.
(4) Article 7(2) of the Agreement provides that the Cooperation Committee should determine in greater detail the provisions of the Union relating to the operation of the customs union. Given the existence of a Community Customs Code, and that, for the moment, customs clearance is carried out through customs offices of the Union, it is not necessary to establish a detailed list of the applicable provisions.
(5) The Republic of San Marino is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The application of legislation of the Union in this area by the Republic of San Marino would aid the proper functioning of the customs union established by the Agreement.
(6) In order to comply with Articles 6(4) and 7(1) of the Agreement, the Republic of San Marino is to take all necessary measures to apply in its territory legislation of the Union in the fields of food safety and veterinary and phytosanitary matters, to the extent necessary to ensure the proper functioning of the Agreement. Administrative cooperation should be established in order to assist the authorities of the Republic of San Marino in this regard.
(7) Annex II to the Agreement sets out the list of the customs offices which may carry out customs clearance formalities in the name and on behalf of the Republic of San Marino. Since Italy and the Republic of San Marino have agreed to increase the number of offices with a view to promoting economic development by assisting commercial exchanges between the Republic of San Marino and third countries, this list should be updated.
(8) The decisions of the Cooperation Committee concerning customs cooperation and adopted under the Interim Agreement remain valid. It is therefore appropriate for them to remain in force.
(9) The Cooperation Committee is to decide, in accordance with Article 8(3)(b) of the Agreement, on the arrangements for making available to the Republic of San Marino the import duties collected for its account. It is necessary to align the percentage deducted for administration costs on the percentage provided for in Article 2(3) of the Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities’ own resources (3),
HAS ADOPTED THIS DECISION:


The rules of procedure of the Cooperation Committee set out in Annex I are hereby adopted.
1. A Customs Cooperation Committee, which has the task, in particular, of ensuring the correct and uniform application of the Agreement’s customs provisions and operates under the authority of the Cooperation Committee, is hereby set up.

2. The Customs Cooperation Committee shall be composed of customs experts from the Union and from the Republic of San Marino. The Customs Cooperation Committee shall meet alternately under the chairmanship of a European Commission representative and a representative of the Republic of San Marino. The rules of procedure of the Cooperation Committee shall apply, mutatis mutandis, to the Customs Cooperation Committee.

3. The Customs Cooperation Committee shall report regularly on its work to the Cooperation Committee. The flow of information shall take place through the secretariat of the Cooperation Committee. The Customs Cooperation Committee shall refer to the Cooperation Committee any instances raising a question of principle on the interpretation of the Agreement.
1. The Republic of San Marino shall apply customs legislation of the Union as it applies in the Union, and in particular the Community Customs Code (4) and its implementing provisions. The Republic of San Marino shall apply legislation of the Union relating to international trade in endangered species of wild fauna and flora.

2. In order to apply particular customs regimes, and to apply the legislation relating to international trade in endangered species of wild fauna and flora, the customs territory of the Union and the territory of the Republic of San Marino shall be considered a single customs territory.
The practical arrangements for applying legislation of the Union on food safety and veterinary and phytosanitary matters shall be agreed by the European Commission departments and the authorities of the Republic of San Marino.
In cases where a provision of the Union which the Republic of San Marino is required to apply by virtue of Article 7(1) of the Agreement, in the areas of customs, common commercial policy, market surveillance, health, safety and protection of consumers, international trade in endangered species of wild fauna and flora, agriculture, or food safety or veterinary or phytosanitary matters, provides that a decision must be taken by the European Commission to resolve certain issues, such decision shall be taken by the authorities of the Republic of San Marino following agreement by the European Commission. Where such a provision of the Union provides that a decision must be taken or a communication must be made by a Member State, such decision shall be taken or such communication shall be made by the authorities of the Republic of San Marino. Those authorities shall take into account the opinions of the Union’s scientific committees and use as a basis for its decisions the case-law of the Court of Justice and the practices followed by the European Commission.
1. The list of customs offices of the Union authorised to carry out customs clearance of goods destined for the Republic of San Marino annexed to the Agreement shall be replaced by the list set out in Annex II to this Decision.

2. Customs clearance operations relating to exports may be carried out at all Italian customs offices, with the exception of formalities:
(a) which are carried out in customs procedures with economic impact;
(b) which concern the export of arms, works of art, precursors and dual-use products;
which must be carried out at the offices and sub-offices listed in Annex II.
The procedures for making available to the San Marino Exchequer import duties collected by the Union on behalf of the Republic of San Marino are laid down in Annex III.
1. Decision No 3/92 of the EEC-San Marino Cooperation Committee of 22 December 1992 on the arrangements for the provision of mutual assistance pursuant to Article 13 of the Agreement between the Community and San Marino (5) shall remain in force and shall constitute implementation of Article 23(8) of the Agreement.

2. Decision No 4/92 of the EEC-San Marino Cooperation Committee of 22 December 1992 concerning certain methods of administrative cooperation for implementation of the Interim Agreement and the procedure for forwarding goods to the Republic of San Marino (6), as amended by Decision No 1/2002 of the EC-San Marino Cooperation Committee (7), shall remain in force. It shall constitute implementations of Article 8(3)(a) and (c) and Article 23(8) of the Agreement and shall apply mutatis mutandis to the use of electronic-data-processing techniques in the transit procedure of the Union.
This Decision shall enter into force on the day of its adoption.



(1)   OJ L 84, 28.3.2002, p. 43.

(2)   OJ L 359, 9.12.1992, p. 14.

(3)   OJ L 253, 7.10.2000, p. 42.

(4)  Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, which has been amended several times. Regulation (EEC) No 2913/92 has been replaced by Regulation (EC) No 450/2008 of the European Parliament and of the Council laying down the Community Customs Code (Modernised Customs Code), in the manner provided for in Article 188 of Regulation (EC) No 450/2008.

(5)   OJ L 42, 19.2.1993, p. 29.

(6)   OJ L 42, 19.2.1993, p. 34.

(7)   OJ L 99, 16.4.2002, p. 23.

(1)   OJ L 84, 28.3.2002, p. 43.

(2)   OJ L 359, 9.12.1992, p. 14.

(3)   OJ L 253, 7.10.2000, p. 42.

(4)  Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, which has been amended several times. Regulation (EEC) No 2913/92 has been replaced by Regulation (EC) No 450/2008 of the European Parliament and of the Council laying down the Community Customs Code (Modernised Customs Code), in the manner provided for in Article 188 of Regulation (EC) No 450/2008.

(5)   OJ L 42, 19.2.1993, p. 29.

(6)   OJ L 42, 19.2.1993, p. 34.

(7)   OJ L 99, 16.4.2002, p. 23.


ELI: http://data.europa.eu/eli/dec/2010/1(4)/oj