Customs Act 2015
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Naples II Convention and CIS Decision | ||
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41. (1) Subject to this Act, the Naples II Convention which was given the force of law in the State by section 2 of the Act of 2001, continues to have the force of law in the State and judicial notice shall be taken of it. | ||
(2) The Commissioners are designated as— | ||
(a) the national authority for the purposes of Articles 7(1) and 8(2) of the CIS Decision, and | ||
(b) the competent customs administration for the purposes of Article 10 of the CIS Decision. | ||
(3) The Data Protection Commissioner— | ||
(a) who was designated by section 6 of the Act of 2001 as the national supervisory authority for the purposes of the Naples II Convention, continues to be so designated, and | ||
(b) is designated as the national supervisory authority for the purposes of Article 24 of the CIS Decision. | ||
(4) For the purposes of this Act, the Naples II Convention and the CIS Decision, the Data Protection Acts 1988 and 2003 shall apply and have effect, with any necessary modifications, to the collection, processing, keeping, use or disclosure of personal data. | ||
(5) Without prejudice to the generality of subsection (4) , for the purposes of— | ||
(a) Article 30 of the CIS Decision, and | ||
(b) Article 25 of the Naples II Convention, | ||
section 7 of the Data Protection Act 1988 shall apply as regards the liability of the State for injury caused to a person through the use of the CIS in the State, and for injury caused to a person through the processing of data communicated in the State, respectively. | ||
(6) Subject to subsection (7), the State shall not be bound by Articles 20, 21 and 23 of the Naples II Convention or any part of those Articles. | ||
(7) The Government may, by order, provide that the State shall be bound by Articles 20, 21 or 23 of the Naples II Convention or any part of those Articles. | ||
(8) The Minister may make regulations for the purpose of enabling the Naples II Convention and the CIS Decision to have full effect. | ||
(9) Without prejudice to the generality of subsection (8), regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of those regulations. | ||
(10) (a) Without prejudice to the generality of subsection (4), any person who uses personal data from the Customs Information System (CIS) other than for the purpose of the aim specified in Article 1(2) of the CIS Decision, shall— | ||
(i) where the case is one to which paragraph (b) applies, be guilty of an offence under section 19 (6) of the Data Protection Act 1988 , or | ||
(ii) where the case is one to which paragraph (c) applies, be guilty of an offence under section 22(1) of that Act. | ||
(b) This paragraph applies to a case in which— | ||
(i) the person referred to in paragraph (a) is a data controller within the meaning of the Data Protection Act 1988 in respect of whom there is an entry in the register established and maintained under section 16 of that Act or an employee or agent (other than a data processor within the meaning of that Act) of such a data controller, and | ||
(ii) the use of the data for the purpose referred to in paragraph (a) is done knowingly. | ||
(c) This paragraph applies to a case in which— | ||
(i) the person referred to in paragraph (a) is not a data controller, or an employee or agent of a data controller, as referred to in paragraph (b)(i), and | ||
(ii) the use made of the data by the person involves the disclosure of the data to another person. | ||
(11) For the purposes of Article 26 of the Naples II Convention, paragraph (5)(a) of that Article shall continue to apply in the State. | ||
(12) (a) Where a declaration is made pursuant to Article 26(4) of the Naples II Convention specifying that paragraph (5)(b) of that Article shall apply in the State, the Minister may by order declare that the declaration (the text of which shall be set out in the order) has been made. | ||
(b) Subsection (11) shall cease to have effect on the commencement of an order made under paragraph (a). | ||
(13) Judicial notice shall be taken of any ruling or decision of, or expression of opinion by, the Court of Justice of the European Union on any question as to the meaning or effect of any provision of the Naples II Convention or the CIS Decision. | ||
(14) Where it is proposed to make an order under subsection (7) or (12), a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House. | ||
(15) In this section— | ||
“Act of 2001” means Customs and Excise (Mutual Assistance) Act 2001 ; | ||
‘CIS Decision’ means Council Decision 2009/917/JHA of 30 November 2009 6 | ||
on the use of information technology for customs purposes; ‘Customs Information System (CIS)’ means the joint automated system for customs purposes established by Article 1 of the CIS Decision; ‘Naples II Convention” means the Customs Co-operation Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and co-operation between customs administrations, done at Brussels on 18 December 1997. | ||