Article 33 [Customs Cooperation

Abstract

Promotion of trade with third countries is one of the objectives of the Commission on common commercial policy (Articles 206-207 TFEU) and the customs union in more general. For an effective system, the EU must consider the needs and economic preparedness of the MS. The function of the Council in these matters is to decide upon the duties, and, together with the EP, to oversee the level and effectiveness of customs cooperation between the MS and between the latter and the Commission. A distinction must be made between the trade amongst MS and the trade between the MS and third parties. The customs union and Article 33 TFEU are applicable to internal Union customs cooperation, while the common commercial policy is applicable to customs cooperation with third parties. The common commercial policy has been referred to as the most advanced external policy of the EU, embracing not only common customs tariff, but also a common policy in other trade related issues. The policy is designed to ensure a fully functional import and export regime of the Union as well as operational conduct of trade relations with third countries, in which it is an area where the Union has exclusive competence.