Michael Collins (Cork South West, Independent) | Oireachtas source

The standard form aims to simplify and streamline the process of requesting mutual assistance from the customs authorities of European Union member states. The form will be used for requesting assistance in various areas, including customs control investigations and the recovery of claims. The use of the standard form is mandatory and it is expected to improve the efficiency and effectiveness of the mutual assistance process. However, it is worth noting that the establishment of a standard form for requests for mutual assistance referred to in Article 635 of the UCC could potentially face implementation challenges, particularly if some EU member states do not fully comply with the use of the standard form. In addition, the standard form may not be suitable for all types of mutual assistance requests, which could lead to some requests being delayed or rejected if they do not fit the standard form's format. However, the standard form is expected to have a positive impact on the mutual assistance process overall by improving its efficiency and effectiveness.

This motion and the proposal would establish a standard form that competent authorities would use when requesting mutual assistance. It will facilitate mutual assistance between competent authorities in the member states, on the one side, and the United Kingdom, on the other side, by indicating all necessary information a request should contain. The form in the annex to this proposal for a Council decision has been drafted jointly by experts from the Union and the United Kingdom, taking into account relevant experience with existing forms, such as the form for a European investigation order, and the views of practitioners from member states, Union bodies, agencies and offices, and the United Kingdom.

The establishment of the standard form in a new annex to the trade and co-operation agreement does not supplement or amend the institutional framework of that agreement. Once adopted, requests for mutual assistance shall be made using the standard form. It follows that the adoption of a Union position in respect of such a decision falls within the scope of Article 218(9) of the Treaty on the Functioning of the European Union, TFEU. The adoption of a standard form for requests for mutual assistance referred to in Article 635(1) of the trade and co-operation agreement pursues objectives and has components in the area of judicial co-operation. It would facilitate co-operation between judicial or equivalent authorities in a member state, on the one hand, and in the United Kingdom, on the other hand, in respect of proceedings in criminal matters.

I thank the Leas-Cheann Comhairle and appreciate her understanding.

See this speech in context