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THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and Articles 207(2) and 218(9) thereof,
Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area(1), and in particular Article 1(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) Protocol 10 to the Agreement was amended by Decision of the EEA Joint Committee No 76/2009 of 30 June 2009(2), with a view to inserting a new Chapter IIa on customs security measures.
(2) Article 9b of Protocol 10 provides that, in bilateral trade between the Contracting Parties, the application of customs security measures shall be waived, provided that there is an equivalent level of customs security on their respective territories.
(3) Article 9f of Protocol 10 also provides that the EEA Joint Committee shall define the rules allowing the Contracting Parties to ensure the monitoring of the implementation of Chapter IIa of that Protocol and to verify whether the provisions of Chapter IIa of and Annexes I and II to that Protocol are complied with,
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