1. Romania accepts the acquis communautaire in force as of 31 December 1999, does not request transition periods or derogations and declares that it will be able to entirely implement it upon accession. Romania is prepared for examining the further developments of the acquis and for systematically informing the Conference for Accession or the Association Council on the legislation and implementing measures adopted for the enforcement of the new acquis, and, whenever necessary, on the difficulties that might be faced in transposing the acquis. With regard to this chapter, Romania makes reference to the information provided during the screening and agrees to submit such information constantly to the EU Member States.

Romania has unilaterally assumed the date of 1 January 2007 as working assumption for the achievement of its preparations for accession to the European Union.

As a future EU Member State, Romania is aware of the role that customs services have in the control carried out at the external borders of the EU. Therefore, a series of actions has already been taken in order to achieve a full harmonisation of the customs regulations – before the official accession of Romania to the EU. Continuous actions are performed aimed at the development of the administrative capacity of the Romanian Customs Authority to protect the economic, social and cultural interests of Romania and of the EU Member States.

2. Romania has achieved the process of setting up the institutions and the administrative bodies needed for the implementation of the acquis; until the date of accession to the European Union only the strengthening, re-organisation and the improvement of the existing administrative structures are necessary for obtaining an efficient implementation of the acquis in the customs field.

3. The screening process underlined the high level of harmonisation of the legislation in the customs field.

4. The provisions of the Customs Code (Law No. 141/1997) and of the Rules of Application of the Customs Code (Government’s Decision No. 626/1997) are to a great extent harmonised with the community customs legislation, its implementation being accomplished in a coherent way. There are no differences of enforcement compared to the Community legislation in the use of the tariff nomenclature, binding tariff information, rules of origin, customs valuation, customs procedures and regimes on import and export, transit, customs warehouses, single administrative documents, customs duties.

Romania uses the combined nomenclature as a basis for the import customs tariff. The yearly modifications of the combined nomenclature are introduced based on decisions of the Government of Romania.

In September 1999, Romania started the drawing up of the National Integrated Customs Tariff, having the same principles and the same form as the Common Integrated Tariff (TARIC). It is estimated that this instrument will be used in printed form by the end of 2000 and will become operational as an IT tool in the following years.

5. Romania’s efforts concerning the accession to the Common Transit Convention and to the Convention referring to the simplification of the formalities in the trade of goods started in 1994 by submitting to the European Commission the request of interconnecting the transit systems of Romania and the European Community. Starting from 10 February 2000, the provisions applicable to the activity of common transit are implemented within the entire customs system, respectively within all road customs offices. By the end of the year 2000 Romania will generalise the implementation of the Common Transit provisions for the goods transported by train. The Romanian Integrated Computerised System is compatible with the New Community Computerised Transit System of following up the transit (NCTS – New Computerised Transit System).

Romania is also contracting party to the TIR Convention and ATA Convention.

6. In order to increase the harmonisation of the main normative acts of the customs administration (Customs Code and the Rules of application of the Customs Code) the simplified procedure on the premises of the economic operator for the import, export, inward processing operations (both with the suspension of customs duties collection, and with their restitution) has been adopted and is now being applied.

The simplified procedures of clearance by submitting the incomplete customs declaration, as well as the clearance on the premises of the economic operator for the goods placed under other customs regimes are in progress.

Until the date of accession, Romania will follow the enforcement of the simplified procedure for about 60% of the total of the customs procedures, ensuring a strict implementation of the legislation and collecting the taxes and the customs duties due to the state budget.

7. In the field of rules of origin, Romanian legislation is fully harmonised with the EU legislation. Romania is integrated in the Pan-European Cumulative system.

The Romanian legislation for the non-preferential rules of origin includes provisions similar to those existing in the Community Customs Code and partially overtakes the provisions existing in the Community Regulation. Simultaneous to the adoption of the new non-preferential rules of origin within the Technical Committee on rules of origin of the World Trade Organisation (WTO), the Romanian authorities will adopt the necessary modifications for a complete taking over and enforcement of these rules.

In the same time, Romania is applying the same system of customs valuation of goods as the one existing within the E.U., based on the Agreement concerning the application of article VII of the General Agreement for Tariffs and Trade (GATT).

8. Currently, Romania has no adequate procedure allowing the interference of the customs authorities in the cases counterfeit and pirated goods operations. Therefore, the Romanian Customs Authority initiated the draft law concerning measures for ensuring the respect of the intellectual property rights within customs clearance operations, harmonised with the Community regulations in the field and with the provisions of Section IV of the Agreement concerning rights of intellectual property related to trade (TRIPs).

9. As far as free zones are concerned, Romanian customs legislation took over the Community provisions to a great extent. Also, provisions referring to free zones are included in the Law No. 84/1992 regarding the free zones regime.

Romania requires a technical arrangement, which refers to the inclusion – at the time of its accession – of the free zones existing by then on its territory in Annex No.108 of EEC Regulation 2454/1993 concerning the application of the Community Customs Code, acknowledging implicitly the application of the customs regulation in the field.

10. Referring to the control regime of exports of dual-use goods, the Romanian legislative framework is harmonised with the Community regulation in the field. Romania is a member of the Wassenaar Arrangement, the Nuclear Suppliers Group and the Australia Group. Romania is also applying the guidelines and the Control list of Missile Technology Control Regime. The national lists are periodically updated, as a consequence of the decisions adopted within the international regimes of export control and based on the decisions of the EU Council.

11. Regarding the tariff quotas, in 1998 Romania eliminated all the quantity restrictions at export or other measures having an equivalent effect as the quantitative ones. At import these were eliminated in 1992. At present, the activity carried out by the Ministry of Industry and Trade, for the management of some tariff contingencies at import, is referring exclusively to the use of concession agreed by different international agreements (multilateral or bilateral).

According to the national legislation in force, the Government of Romania, upon proposal from the Ministry of Finance and the Ministry of Industry and Trade, may approve, without limits or within certain quotas, temporary reductions or exemptions of custom duties, which are applied to all economic operators, without discrimination grounded on the country of origin of goods. The differences still existing between the Romanian system of managing the tariff quotas and the EU system will disappear at the time of accession.

The regime of the exemptions from the payment of the customs duties is in line with the obligations undertaken by Romania through international agreements and conventions. The principles underlying the regime of exemptions for custom duties are generally in compliance with the EU practice, the full harmonisation being accomplished at the time of Romania’s accession to the European Union. 

12. Romania underlines that an effective progress in the facilitation of the relations with the trade community was achieved through the creation, within a short period of time, of a customs integrated informational system allowing the operational processing of about 90% of the customs declarations. Such an achievement is a basic instrument for the Romanian Customs Administration in order to gather and process the information regarding the statistics of foreign trade (by integrating the EUROSTAT concepts), the transit surveillance, the collection and the registration of the customs rights, the business environment etc. – representing necessary information for the strengthening of the institutional capacity of implementation of the Community acquis.

Romania is aware that the development of the customs integrated informational system, the undertaking and enforcement of the new Community informational system of transit enforcement, the absorption within the system of the Community integrated tariff, the communications improvement, as well as the assuring of the data protection from this system will require, during the period until the moment of accession, engaging important financial resources of its own, as well as the financial assistance offered by the EU.

13. Romania has already taken several actions meant to prepare, logistically and technically, its customs services for an effective implementation of its tasks as a member state of the EU. Under these circumstances a main priority would be the improvement in the security of its Northern and Eastern borders which will be endowed with modern detection and control equipment (fixed and mobile X-rays systems for the carrying out of the non-destructive physical control, administration systems of the black lists etc.). In order to fulfil these objectives, Romania will provide important domestic financial resources, as well as resources stemming from EU funds. These funds will be completed through a loan from the World Bank, in accordance with the project that will be carried out until 2003. At the same time, over 45 objectives of investments will be finalised (headquarters of customs offices, the modernisation of those already existing, endowments etc.) in accordance with the European standards.

14. Simultaneously with the taking over and the implementation of the community acquis, Romania aims to fulfil its obligations as a contracting party to several international multilateral conventions (annex 1), recommendations of the World Customs Organisation (annex 2), as well as the obligations flowing from the bilateral agreements on co-operation and mutual assistance in customs matters (annex 3).

15. The strengthening of the institutional capacity to undertake the Community acquis, as a main concern for the Romanian Customs Administration during the period until the accession, will be achieved through diversifying the training actions of its own personnel. Romania will take the necessary measures for the preparation of the Romanian Customs Administration in order to assume all prerogatives arising from specific Community customs activity (administration of tariff quotas, collection of indirect taxes, administration of the free zones etc.).

Adopted by the Government of Romania in its meeting of 18 July 2000.

//Source: Conference On Accession To The European Union - Romania -

Brussels, 24 November 2000, Conf-Ro 36/00