Procedure : 2018/0232(COD)
Document stages in plenary
Document selected : A8-0464/2018

Texts tabled :

A8-0464/2018

Debates :

PV 03/04/2019 - 18
CRE 03/04/2019 - 18

Votes :

PV 15/01/2019 - 8.8
CRE 15/01/2019 - 8.8
PV 16/04/2019 - 8.27

Texts adopted :

P8_TA(2019)0008
P8_TA(2019)0385

REPORT     ***I
PDF 866kWORD 144k
12.12.2018
PE 628.618v03-00 A8-0464/2018

on the proposal for a regulation of the European Parliament and of the Council establishing the ‘Customs’ programme for cooperation in the field of customs

(COM(2018)0442 – C8‑0261/2018 – 2018/0232(COD))

Committee on the Internal Market and Consumer Protection

Rapporteur: Maria Grapini

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION of the Committee on Budgets
 OPINION of the Committee on Budgetary Control
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council establishing the “Customs’ programme for cooperation in the field of customs

(COM(2018)0442 – C8‑0261/2018 – 2018/0232(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0442),

–  having regard to Article 294(2) and Articles 33, 114 and 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0261/2018),

-  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Budgets and the Committee on Budgetary Control (A8-0464/2018),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)  The Customs 2020 programme set up under Regulation (EU) No 1294/201318 and its predecessors have significantly contributed to facilitating and enhancing customs cooperation. Many of the activities in the customs area are of a cross-border nature, involving and affecting all Member States, and therefore they cannot be effectively and efficiently delivered by individual Member States. A customs programme at Union level, implemented by the Commission, offers Member States a Union framework to develop those cooperation activities, which is more cost-efficient than if each Member State were to set up individual cooperation frameworks on a bilateral or multilateral basis. It is therefore appropriate to ensure the continuity of Union financing of activities in the field of customs cooperation by establishing a new programme in the same area, the Customs programme.

(1)  The Customs 2020 programme, established by Regulation (EU) No 1294/201318 and its predecessors have contributed significantly to facilitating and strengthening customs cooperation. Many of the customs activities are of a cross-border nature, involving and affecting all Member States and therefore cannot be effectively and efficiently implemented by each Member State alone. A Union-wide customs programme implemented by the Commission provides Member States with a framework at Union level to develop such cooperative activities, which is more cost-effective than if each Member State set up an individual cooperation framework at bilateral or multilateral level. The customs programme also plays an essential role in safeguarding the financial interests of the Union and of the Member States by ensuring the effective collection of customs duties and thus representing an important source of revenue for the Union and national budgets, also by focusing on IT capacity building and increased cooperation in the field of customs. Furthermore, harmonised and standardised controls are necessary in order to track illegal cross-border flows of goods and fight fraud . It is therefore appropriate and in the interest of efficiency to ensure the continuity of the Union's financing activities in the field of customs cooperation by establishing a new programme in the same field, the ‘Customs’ programme (‘the Programme’).

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18 Regulation (EU) No 1294/2013 of the European Parliament and of the Council of 11 December 2013 establishing an action programme for customs in the European Union for the period 2014-2020 (Customs 2020) and repealing Decision No 624/2007/EC, OJ L 347, 20.12.2013, p. 209.

18 Regulation (EU) No 1294/2013 of the European Parliament and of the Council of 11 December 2013 establishing an action programme for customs in the European Union for the period 2014-2020 (Customs 2020) and repealing Decision No 624/2007/EC, OJ L 347, 20.12.2013, p. 209.

Amendment    2

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1 a)  For 50 years, the customs union, implemented by national customs authorities, has been a cornerstone of the Union, one of the largest trading blocks in the world. The customs union is a significant example of successful Union integration, and is essential for the proper functioning of the single market for the benefit of both businesses and citizens. The European Parliament, in its resolution adopted on 14th March 2018, entitled ‘The next MFF: Preparing the Parliament’s position on the MFF post-2020’, expressed particular concern regarding customs fraud. A stronger and a more ambitious Union can only be achieved if it is provided with reinforced financial means, continuous support for existing policies, and increased resources.

Amendment    3

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)  The customs union has evolved considerably over the last fifty years and customs administrations now successfully perform a wide variety of tasks at borders. Acting together, they work to facilitate trade and reduce red tape, collect revenues for national and Union budgets and protect the public against terrorist, health, environmental and other threats. In particular, with the introduction of an EU-wide Common Risk Management Framework19 and customs control of movements of large amounts of cash to combat money laundering and terrorist financing, customs assume a front line position in the fight against terrorism and organised crime. Given that broad mandate, customs is now effectively the lead authority for the control of goods at the Union’s external borders. Against that backdrop, the Customs programme should not only cover customs cooperation but extend its support to the mission of customs authorities at large, as set out in Article 3 of Regulation (EU) No 952/2013, i.e. the supervision of the Union's international trade, the implementation of the external aspects of the internal market, of the common trade policy and of the other common Union policies having a bearing on trade, as well as the security of the supply chain. The legal basis will therefore cover customs cooperation (Article 33 TFEU), internal market (Article 114 TFEU) and commercial policy (Article 207 TFEU).

(2)  The customs union has evolved considerably over the last 50 years, and customs administrations are now successfully fulfilling a wide range of border tasks. Working together, they strive to facilitate ethical and fair trade and reduce bureaucracy, collect revenue for national and Union budgets, and help to protect the population against terrorist, health and environmental threats, as well as other threats. In particular, by introducing a common framework19 for customs risk management at Union level and by controlling large amounts of cash flows to combat money laundering and terrorist financing, the customs authorities take a leading role in the fight against terrorism, organised crime and unfair competition. Given their extensive mandate, the customs authorities are now in reality the main authorities for the control of goods at the Union's external borders. In this context, the Customs programme should not only cover customs cooperation but also provide support for the wider customs mission as provided for in Article 3 of Regulation (EU) No 952/2013, namely the supervision of the Union's international trade, the implementation of the external aspects of the internal market, the common commercial policy and other Union common policies having an influence on trade and the security of the supply chain. The legal basis of this Regulation should therefore cover customs cooperation (Article 33 TFEU), the internal market (Article 114 TFEU) and commercial policy (Article 207 TFEU).

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19 https://ec.europa.eu/taxation_customs/general-information-customs/customs-risk-management/measures-customs-risk-management-framework-crmf_en

19 https://ec.europa.eu/taxation_customs/general-information-customs/customs-risk-management/measures-customs-risk-management-framework-crmf_en

Amendment    4

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3)  In providing a framework for actions that has as objective to support the customs union and customs authorities, the Programme should contribute to protecting the financial and economic interests of the Union and its Member States; protecting the Union from unfair and illegal trade while supporting legitimate business activity; ensuring the security and safety of the Union and its residents; and facilitating legitimate trade, so that businesses and citizens can benefit from the full potential of the internal market and of global trade.

(3)  The Programme should, as a general objective, assist the Member States and the Commission by providing a framework for actions that aims to support the customs union and customs authorities with the long-term objective that all customs administrations in the Union work together as closely as possible; contribute to protecting the financial and economic interests of the Union and its Member States; protect the Union from unfair and unlawful commercial practices, while encouraging legitimate business activities, guaranteeing the security and safety of the Union and its residents, thereby enhancing consumer protection; and facilitate legitimate trade so that businesses and citizens can benefit from the full potential of the internal market and world trade.

Amendment    5

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3 a)  As it has become evident that some of the systems referred to in Article 278 of the Union Customs Code can only be partially deployed by 31 December 2020, which implies that non-electronic systems will continue in use beyond that date, and in the absence of legislative amendments that extend that deadline, companies and customs authorities will be unable to perform their duties and legal obligations as regards customs operations, one of the primary specific objectives of the Programme should be to assist the Member States and the Commission to set up such electronic systems.

Amendment    6

Proposal for a regulation

Recital 3 b (new)

Text proposed by the Commission

Amendment

 

(3 b)  Customs management and control is a dynamic policy area, facing new challenges generated by constantly evolving global business models and supply chains, as well as changing consumption patterns and digitalisation, such as e-commerce, including the internet of things, data analytics, artificial intelligence and block chain technology. The Programme should support customs management in such situations and enable the use of innovative solutions. Such challenges further underline the need to enforce cooperation between customs authorities and the need for a uniform interpretation and implementation of the customs legislation. When public finances are under pressure, the volume of world trade increases and fraud and smuggling are a growing concern; the Programme should contribute to tackling those challenges.

Amendment    7

Proposal for a regulation

Recital 3 c (new)

Text proposed by the Commission

Amendment

 

(3 c)  In order to ensure maximum efficiency and to avoid overlaps, the Commission should coordinate the implementation of the Programme with related Union programmes and funds. This includes in particular the Fiscalis Programme, the EU anti-fraud Programme and Single Market Programme, as well as with the Internal Security Fund and Integrated Border Management Fund, the Reform Support Programme, the Digital Europe Programme, the Connecting Europe Facility and the Council Decision on the system of Own Resources of the European Union, as well as the implementing regulations and measures.

Amendment    8

Proposal for a regulation

Recital 3 d (new)

Text proposed by the Commission

Amendment

 

(3 d)  With regard to the potential withdrawal of the United Kingdom from the Union, the financial envelope of the Programme does not take into account the costs resulting from the signing of the withdrawal agreement and the potential future relationship between the United Kingdom and the Union. The signing of that agreement, the disengagement of the United Kingdom from all existing customs systems and cooperation, and the lapsing of its legal obligations in this area, could lead to additional costs, which cannot be precisely estimated at the time of establishment of tha Programme. The Commission should therefore consider reserving sufficient resources to prepare for those potential costs. However, those costs should not be covered by the envelope of the Programme, as the budget provided for in the Programme will only be sufficient to cover the costs which could realistically be foreseen at the time of establishment of the Programme.

Amendment    9

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5)  In order to support the process of accession and association by third countries, the Programme should be open to the participation of acceding and candidate countries as well as potential candidates and partner countries of the European Neighbourhood Policy if certain conditions are fulfilled. It may also be open to other third countries, in accordance with the conditions laid down in specific agreements between the Union and those countries covering their participation to any Union programme.

(5)  In order to support the process of accession and association of third countries, the Programme should be open to the participation of acceding and candidate countries as well as potential candidates and partner countries of the European Neighbourhood Policy, if all conditions are met. It may also be open to other third countries under the conditions provided for in specific agreements between the Union and the countries concerned on the participation of those countries in any Union programme, if that participation is of interest to the Union and if it has a positive impact on the internal market without affecting consumer protection.

Amendment    10

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6)  Regulation (EU, Euratom) [2018/XXX] of the European Parliament and of the Council21 (the Financial Regulation) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement and reimbursement of external experts.

(6)  The Programme should be covered by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council21 (hereinafter referred to as ‘the Financial Regulation’). The Financial Regulation provides for the rules for the implementation of the Union budget, including the rules on grants, prizes, procurement and reimbursement of external experts.

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21 COM(2016) 605 final

21 Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

Amendment    11

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7)  The actions which applied under the Customs 2020 programme have proven to be adequate and should therefore be maintained. In order to provide more simplicity and flexibility in the execution of the Programme and thereby better deliver on its objectives, the actions should be defined only in terms of overall categories with a list of illustrative examples of concrete activities. Through cooperation and capacity building, the Customs programme should also promote and support the uptake and leverage of innovation to further improve the capabilities to deliver on the core priorities of customs.

(7)  The actions which applied under the Customs 2020 programme and have proven to be adequate should therefore be maintained, while others that have proven to be inadequate should be terminated. In order to provide greater simplicity and flexibility in the execution of the Programme and thereby better deliver on its objectives, the actions should be defined only in terms of overall categories with a list of illustrative examples of concrete activities. Through cooperation and capacity building, the Programme should also promote and support the uptake and leverage of innovation to further improve the capabilities to deliver on the core priorities of customs.

Amendment    12

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8)  Regulation [2018/XXX] establishes, as part of the Integrated Border Management Fund, a Customs Control Equipment Instrument22 (‘CCE Instrument’). In order to preserve the coherence and horizontal coordination of all cooperation actions relating to customs and customs control equipment, it is appropriate to implement all of them under one single legal act and set of rules, being this Regulation. Therefore, the CCE Instrument should only support the purchase, maintenance and upgrade of the eligible equipment while this Programme should support all other related actions, such as cooperation actions for the assessment of equipment needs or, where appropriate, training in relation to the equipment purchased.

(8)  Regulation [2018/XXX] establishes, as part of the Integrated Border Management Fund, a Customs Control Equipment Instrument22 (‘CCE Instrument’). In order to preserve the coherence and horizontal coordination of all cooperation actions relating to customs and customs control equipment, it is appropriate to implement all of them under one single legal act and set of rules, that act and those rules being this Regulation. Therefore, the CCE Instrument should only support the purchase, maintenance and upgrade of the eligible equipment, while this Programme should support all other related actions, such as cooperation actions for the assessment of equipment needs or, where appropriate, training in relation to the equipment purchased.

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22 Proposal for a Regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for customs control equipment

22 Proposal for a Regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for customs control equipment

Amendment    13

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10)  Considering the importance of globalisation, the Programme should continue to provide the possibility of involving external experts within the meaning of Article 238 of the Financial Regulation. Those external experts should mainly be representatives of governmental authorities, including from non-associated third countries, as well as representatives of international organisations, economic operators or civil society.

(10)  Considering the importance of globalisation, the Programme should continue to provide for the possibility of involving external experts within the meaning of Article 238 of the Financial Regulation. Those external experts should mainly be representatives of governmental authorities, including from non-associated third countries, as well as academics and representatives of international organisations, economic operators or civil society.

Amendment    14

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)  In line with the Commission's commitment to ensure the coherence and simplification of funding programmes, set out in its Communication of 19 October 2010 entitled 'The EU Budget Review23', resources should be shared with other Union funding instruments if the envisaged actions under the Programme pursue objectives that are common to various funding instruments, excluding however double financing. Actions under the Programme should ensure coherence in the use of the Union's resources supporting the customs union and customs authorities.

(11)  In line with the Commission's commitment to ensure the coherence and simplification of funding programmes, set out in its Communication of 19 October 2010 entitled 'The EU Budget Review23, resources should be shared with other Union funding instruments if the envisaged actions under the Programme pursue objectives that are common to various funding instruments, taking into account that the amount allocated to the Programme is calculated without taking into account that there could be unforeseen expenses, excluding however double financing. Actions under the Programme should ensure coherence in the use of the Union's resources supporting the customs union and customs authorities.

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23 COM (2010)700 final

23 COM (2010)700 final

Amendment    15

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11 a)  The purchase of software that is needed to perform tight border controls should be eligible for funding under the Programme. Furthermore, the purchase of software that can be used in all Member States should be encouraged in order to facilitate exchange of data.

Amendment    16

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)  Information Technology (IT) capacity building actions are set to attract the greatest part of the budget under the Programme. Specific provisions should describe, respectively, the common and national components of the European electronic systems. Moreover, the scope of actions and the responsibilities of the Commission and the Member States should be clearly defined.

(12)  Information Technology (IT) capacity building actions are set to attract a greater part of the budget under the Programme. Specific provisions should describe, respectively, the common and national components of the European electronic systems. Moreover, the scope of actions and the responsibilities of the Commission and the Member States should be clearly defined. In order to ensure coherence and coordination of IT capacity-building actions, the Programme should provide that the Commission develops and updates a Multiannual Strategic Customs Plan ('MASP-C'), with the aim of creating an electronic environment which ensures consistency and interoperability of the customs systems in the Union.

Amendment    17

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(14a)   In line with the findings contained on the two special reports adopted recently by the European Court of Auditors in the field of customs, namely special report No 19/2017 of 5 December 2017 entitled ‘Import procedures: shortcomings in the legal framework and an ineffective implementation impact the financial interests of the EU’, and special report No 26/2018 of 10 October 2018 entitled ‘A series of delays in Customs IT systems: what went wrong?’, the actions undertaken within the ‘Customs’ programme for cooperation in the field of customs should aim at tackling the shortcomings signalled.

Amendment    18

Proposal for a regulation

Recital 14 b (new)

Text proposed by the Commission

Amendment

 

(14b)   On 4 October 2018 the European Parliament adopted a resolution on the fight against customs fraud and the protection of the Union’s own resources. The conclusions contained in that resolution should be taken into account during the actions implemented in the framework of the Programme.

Amendment    19

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20)  The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.

(20)  The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver the best results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.

Amendment    20

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Programme has the general objective to support the customs union and customs authorities to protect the financial and economic interests of the Union and its Member States, to ensure security and safety within the Union and to protect the Union from unfair and illegal trade, while facilitating legitimate business activity.

1.  With a view to achieving the long-term aim that all customs administrations in the Union work together as closely as possible, and in order to guarantee the security and safety of the Member States and to protect the Union against fraud, unfair and unlawful commercial practices, and at the same time, promote legitimate business activities and a high level of consumer protection, the general objective of the Programme is to support the customs union and the customs authorities in protecting the financial and economic interests of the Union and its Member States..

Amendment    21

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Programme has the specific objective to support the preparation and uniform implementation of customs legislation and policy as well as customs cooperation and administrative capacity building, including human competency and the development and operation of European electronic systems.

2.  The Programme has the following specific objectives:

 

(1) to support the preparation and uniform implementation of customs legislation and policy as well as customs cooperation;

 

(2) to assist with IT capacity building, which consists in developing, maintaining and operating the electronic systems as referred to in Article 278 of the Union Customs Code, and enabling a smooth transition to a paperless environment and trade in line with Article 12 of this Regulation.

 

(3) to finance joint actions, which consist in cooperation mechanisms enabling officials to carry out joint operational activities under their core responsibilities, share experience in the customs field and join efforts to deliver on customs policy;

 

(4) to enhance human competencies, supporting the professional skills of customs officials and empowering them to fulfill their role on a uniform basis;

 

(5) to support innovation in the area of customs policy.

Amendment    22

Proposal for a regulation

Article 3 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  The Programme shall be consistent with and exploit any synergies with other Union action programmes and funds with similar objectives in related fields.

Amendment    23

Proposal for a regulation

Article 3 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

 

2 b.  The implementation of the Programme shall respect the principles of transparency, proportionality, equal treatment and non-discrimination.

Amendment    24

Proposal for a regulation

Article 3 – paragraph 2 c (new)

Text proposed by the Commission

Amendment

 

2 c.  The Programme shall also support the continuous evaluation and monitoring of the cooperation between customs authorities with a view to identifying weaknesses and possible improvements.

Amendment    25

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1.  The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR 950 000 000 in current prices.

1.  The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR 842 844 000 in 2018 prices (EUR 950 000 000 in current prices).

Amendment    26

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2.  The amount referred to in paragraph 1 may also cover expenses for preparation, monitoring, control, audit, evaluation and other activities for managing the Programme and evaluating the achievement of its objectives. It may moreover cover expenses relating to studies, meetings of experts, information and communication actions, in so far as they are related to the objectives of the Programme, as well as expenses linked to information technology networks focusing on information processing and exchange, including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the Programme.

2.  When necessary and duly justified, the amount referred to in paragraph 1 may also cover expenses for preparation, monitoring, control, audit, evaluation and other activities for managing the Programme and evaluating its performance and the achievement of its objectives. It may moreover cover expenses relating to studies, meetings of experts, information and communication actions by the Commission addressed to Member States and economic operators, in so far as they are related to the objectives of the Programme, as well as expenses linked to information technology networks focusing on information processing and exchange, including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the Programme , in so far as such activities are required for the achievement of the objectives of the Programme.

Amendment    27

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  The Programme shall not be used to cover costs relating to the potential withdrawal of the United Kingdom from the Union. The Commission shall reserve upon its own assessment resources in order to cover the costs relating to the disengagement of the United Kingdom from all Union customs systems and cooperation, and the lapsing of its legal obligations in this area.

 

Before reserving those resources, the Commission shall make an estimate of the potential costs, and shall inform the European Parliament once data relevant for that estimate become available.

Amendment    28

Proposal for a regulation

Article 5 – paragraph 1 – point c – introductory part

Text proposed by the Commission

Amendment

(c)  other third countries, in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that the agreement:

(c)  other third countries, under the conditions laid down in a specific agreement on the participation of a third country in any Union programme, provided that the agreement:

Amendment    29

Proposal for a regulation

Article 5 – paragraph 1 – point c – indent 2

Text proposed by the Commission

Amendment

–  lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of Regulation [2018/XXX] [the new Financial Regulation];

–  establishes the conditions for participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs. These contributions shall constitute assigned revenue in accordance with Article 21(5) of the Financial Regulation;

Amendment    30

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2.  Actions complementing or supporting the actions implementing the objectives referred to in Article 3 of Regulation (EU) [2018/XXX] [CCE instrument] shall also be eligible for funding under this Programme.

2.  Actions complementing or supporting the actions implementing the objectives referred to in Article 3 of Regulation (EU) [2018/XXX] [CCE instrument] and/or complementing or supporting the actions implementing the objectives referred to in Article 2 of Regulation (EU) [2018/XXX] [Anti-Fraud Programme] shall also be eligible for funding under this Programme.

Amendment    31

Proposal for a regulation

Article 7 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b)  project-based structured collaboration;

(b)  project-based structured collaboration, such as collaborative IT development by a group of Member States;

Amendment    32

Proposal for a regulation

Article 7 – paragraph 3 – subparagraph 1 – point d

Text proposed by the Commission

Amendment

(d)  human competency and capacity building actions;

(d)  human competency and capacity building actions, including training and exchange of best practices;

Amendment    33

Proposal for a regulation

Article 7 – paragraph 3 – subparagraph 1 – point e – point 3 a (new)

Text proposed by the Commission

Amendment

 

(3 a)  monitoring activities; 

Amendment    34

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4.  Actions consisting in the development and operation of adaptations or extensions to the common components of the European electronic systems for cooperation with third countries not associated to the Programme or international organisations shall be eligible for funding when they are of interest to the Union. The Commission shall put in place the necessary administrative arrangements, which may provide for a financial contribution from the third parties concerned to these actions.

4.  Actions consisting in the development, deployment, maintenance and operation of adaptations or extensions to the common components of the European electronic systems for cooperation with third countries not associated to the Programme or international organisations shall be eligible for funding when they are of interest to the Union. The Commission shall put in place the necessary administrative arrangements, which may provide for a financial contribution from the third parties concerned to these actions.

Amendment    35

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1.  Wherever beneficial for the achievement of the actions implementing the objectives referred to in Article 3, representatives of governmental authorities, including those from third countries not associated to the programme pursuant to Article 5, representatives of international and other relevant organisations, of economic operators and organisations representing economic operators and of civil society may take part as external experts to actions organised under the Programme.

1.  Wherever beneficial for the achievement of the actions implementing the objectives referred to in Article 3, representatives of governmental authorities, including those from third countries not associated to the Programme pursuant to Article 5, academics and representatives of international and other relevant organisations, of economic operators and organisations representing economic operators and of civil society may take part as external experts to actions organised under the Programme.

Amendment    36

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3.  The external experts shall be selected by the Commission based on their skills, experience and knowledge relevant to the specific action, avoiding any potential conflict of interest.

3.  External experts shall be selected by the Commission on the basis of their competence, experience in the field of application of this Regulation and their relevant knowledge of the specific action being taken, avoiding any potential conflict of interest. The selection shall strike a balance between business representatives and other civil society experts, as well as take into account the principle of gender equality. The list of external experts shall be regularly updated and made accessible to the public.

Amendment    37

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission

Amendment

1.  Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation.

1.  Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation, and specifically with the principles of sound financial management, transparency, proportionality, non-discrimination and equal treatment.

Amendment    38

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1.  By derogation to Article 190 of the Financial Regulation, the Programme may finance up to 100 % of eligible costs of an action.

1.  By way of derogation from Article 190 of the Financial Regulation, the Programme may finance up to 100% of the eligible costs of an action according to the relevance of the action and the estimated impact.

Amendment    39

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Commission and the Member States shall ensure jointly the development and operation, including the design, specification, conformance testing, deployment, maintenance, evolution, security, quality assurance and quality control, of the European electronic systems listed in the Multi-Annual Strategic Plan for Customs referred to in Article 12.

1.  The Commission and the Member States shall jointly ensure the development and operation of the European electronic systems listed in the Multi-Annual Strategic Plan for Customs referred to in Article 12, including its design, specification, conformance testing, deployment, maintenance, evolution, modernisation, security, quality assurance and quality control.

Amendment    40

Proposal for a regulation

Article 11 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  the overall coordination of the development and operation of European electronic systems with a view to their operability, inter connectivity and continuous improvement and their synchronised implementation;

(b)  the overall coordination of the development and operation of European electronic systems with a view to their operability, cyber-resilience, inter­connectivity and continuous improvement and their synchronised implementation;

Amendment    41

Proposal for a regulation

Article 11 – paragraph 2 – point e a (new)

Text proposed by the Commission

Amendment

 

(e a)  an efficient and swift communication with and between Member States with a view to streamlining the governance of the Union’s electronic systems;

Amendment    42

Proposal for a regulation

Article 11 – paragraph 2 – point e b (new)

Text proposed by the Commission

Amendment

 

(e b)  a timely and transparent communication with the stakeholders concerned with the implementation of IT systems at Union and Member States level, in particular about delays in the implementation of and spending relating to Union and national components. 

Amendment    43

Proposal for a regulation

Article 11 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d)  the regular provision to the Commission of information regarding the measures taken to enable their respective authorities or economic operators to make full use of European electronic systems;

(d)  providing the Commission with regular information on the measures taken to enable the authorities or economic operators concerned to make full and effective use of the European electronic systems;

Amendment    44

Proposal for a regulation

Article 12 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1.  The Commission shall draw up and keep updated a Multi-Annual Strategic Plan for Customs listing all tasks relevant for the development and operation of European electronic systems and classifying each system, or part thereof, as:

1.  The Commission shall draw up and update a Multi-Annual Strategic Plan for the customs field listing all the tasks relevant for the development and operation of European electronic systems and classifying each system or part of a system as:

Amendment    45

Proposal for a regulation

Article 12 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a)  a common component: a component of the European electronic systems developed at Union level, which is available for all Member States or identified as common by the Commission for reasons of efficiency, security and rationalisation;

a)  a common component: a component of European electronic systems developed at Union level, which is available to all Member States or identified by the Commission as being common for reasons of efficiency, security of rationalisation and reliability;

Amendment    46

Proposal for a regulation

Article 12 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  a national component: a component of the European electronic systems developed at national level, which is available in the Member State that created such a component or contributed to its joint creation;

(b)  a national component: a component of the European electronic systems developed at national level, which is available in the Member State that created such a component or contributed to its joint creation, for instance as part of a collaborative IT development project by a group of Member States;

Amendment    47

Proposal for a regulation

Article 12 – paragraph 3

Text proposed by the Commission

Amendment

3.  Member States shall notify the Commission of the completion of each task allocated to them under the Multi-Annual Strategic Plan for Customs referred to in paragraph 1. They shall also regularly report to the Commission on progress with their tasks.

3.  Member States shall notify the Commission of the completion of each task allocated to them under the Multi-Annual Strategic Plan for Customs referred to in paragraph 1. They shall also regularly report to the Commission on progress with their tasks and where applicable about foreseeable delays in their implementation.

Amendment    48

Proposal for a regulation

Article 12 – paragraph 5

Text proposed by the Commission

Amendment

5.  No later than 31 October of each year, the Commission shall, on the basis of the annual reports referred to in paragraph 4, establish a consolidated report assessing the progress made by Member States and the Commission in the implementation of the plan referred to in paragraph 1 and make that report public.

5.  No later than 31 October of each year, the Commission shall, on the basis of the annual reports referred to in paragraph 4, establish a consolidated report assessing the progress made by Member States and the Commission in the implementation of the plan referred to in paragraph 1, including information on necessary adaptations of or on delays with the plan, and make that report public.

Amendment    49

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Programme shall be implemented by multiannual work programmes referred to in Article 108 of the Financial Regulation.

1.  The Programme shall be implemented by multiannual work programmes referred to in Article 110 of the Financial Regulation. The multiannual work programmes shall in particular set out the objectives to be pursued, the expected results, the method of implementation and the total amount of the financing plan. They shall also set out in detail a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. The multiannual work programmes shall be, communicated to the European Parliament where applicable.

Amendment    50

Proposal for a regulation

Article 13 – paragraph 2

Text proposed by the Commission

Amendment

2.  The multiannual work programmes shall be adopted by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 18(2).

2.  The multiannual work programmes shall be adopted by the Commission by means of implementing acts and communicated to the European Parliament and the Council. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2).

Amendment    51

Proposal for a regulation

Article 13 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  The multiannual work programmes shall build on lessons learned from previous programmes.

Amendment    52

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

1.  Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set in Annex 2.

1.  In compliance with its reporting requirements pursuant to point (h) of Article 41(3) of the Financial Regulation, the Commission shall present to the European Parliament and the Council information on the performance of the Programme. Reporting on performance shall include information on both progress and shortfalls.

Amendment    53

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

2.  To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission is empowered to adopt delegated acts in accordance with Article 17 to amend Annex 2 to review or complement the indicators where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework.

2.  Indicators for reporting on the performance of the Programme towards the achievement of the specific objectives provided for in Article 3 are set out in Annex 2. To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission is empowered to adopt delegated acts in accordance with Article 17 to amend Annex 2 to review or complement the indicators where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework in order to provide the European Parliament and the Council with updated qualitative as well as quantitative information on the performance of the Programme.

Amendment    54

Proposal for a regulation

Article 14 – paragraph 3

Text proposed by the Commission

Amendment

3.  The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds.

3.  The performance reporting system shall ensure that the data for the monitoring of the implementation and the results of the Programme are comparable and complete as well as collected in an efficient, effective and timely manner. To this end, proportionate and relevant reporting requirements shall be imposed on the recipients of Union funds. The Commission shall provide the European Parliament and the Council with reliable information on the quality of the performance data used.

Amendment    55

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2.  The interim evaluation of the Programme shall be performed once there is sufficient information available about the implementation of the Programme, but no later than four years after the start of the programme implementation.

2.  The interim evaluation of the Programme shall be carried out as soon as sufficient information on its implementation is available, but no later than three years after the start of the programme implementation.

Amendment    56

Proposal for a regulation

Article 15 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  The interim evaluation shall present findings necessary to make a decision about a follow-up to the Programme beyond 2027 and its objectives.

Amendment    57

Proposal for a regulation

Article 15 – paragraph 3

Text proposed by the Commission

Amendment

3.  At the end of the implementation of the Programme, but no later than four years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.

3.  At the end of the implementation of the Programme, but no later than three years after the end of the period referred to in Article 1, the Commission shall carry out a final evaluation of the Programme.

Amendment    58

Proposal for a regulation

Article 15 – paragraph 4

Text proposed by the Commission

Amendment

4.  The Commission shall communicate the conclusions of the evaluations, accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

4.  The Commission shall present and communicate the conclusions of the evaluations, accompanied by its observations and lessons learned, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

Amendment    59

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

Where a third country participates in the programme by a decision under an international agreement or by virtue of any other legal instrument, the third country shall grant the necessary rights and access required for the authorizing officer responsible, the European Anti-Fraud Office (OLAF), the European Court of Auditors to comprehensively exert their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, provided for in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council concerning investigations conducted by the European Anti-Fraud Office (OLAF).

Where a third country participates in the programme by a decision under an international agreement or by virtue of any other legal instrument, the third country shall grant the necessary rights and access required for the authorizing officer responsible, the European Anti-Fraud Office (OLAF), the European Court of Auditors and the European Public Prosecutor's Office (EPPO) to comprehensively exert their respective competences. In the case of OLAF and the EPPO, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, provided for in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council1a and in Council Regulation (EU) 2017/19391b.

 

__________________

 

1a Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1.)

 

1b Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1.)

Amendment    60

Proposal for a regulation

Article 19 – paragraph 1

Text proposed by the Commission

Amendment

1.  The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.

1.  The recipients of Union funding shall acknowledge the origin and ensure maximum visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.

Amendment    61

Proposal for a regulation

Article 19 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Commission shall implement information and communication actions relating to the Programme, and its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3.

2.  The Commission shall implement information and communication actions on the Programme, on the actions financed under the Programme, and on the results achieved by those financed actions. The financial resources allocated to the Programme shall also contribute to the institutional communication of the Union's political priorities in so far as they are linked to the objectives set out in Article 3.


EXPLANATORY STATEMENT

The Customs Programme establishes the framework for cooperation in the field of customs for the period 2021-2027 and is the successor of the Customs 2020 programme. The programme continues to facilitate coordination between Member States authorities as well as capacity building, including training and exchange of best practices, in order to ensure a uniform application of EU customs legislation. Unfortunately, the transfer to an e-customs structure was not completed under the Customs 2020 programme due to delays in some parts of the relevant IT architecture. Therefore, one major focus of the customs programme will be the further development, operation and maintenance of the customs IT-infrastructure.

The rapporteur believes that this programme should be coherent and exploit all synergies with other EU programmes and funds, its implementation respecting the principles of transparency, proportionality, equal treatment and non-discrimination.

Account should also be taken of the fact that the budget allocated to this programme does not address the forthcoming withdrawal of the UK from the EU, including the customs union. This will obviously lead to additional costs for the countries affected by this major change, but these expenses should not be covered by the customs programme.

Regarding customs administration and control, the Rapporteur considers that this is a dynamic field whose requirements change with the political and other evolution of society. Thus, the programme should support customs management, especially in terms of the IT field, allow innovation and the creation of innovative solutions in the field of customs policy. The rapporteur's amendments intend to complete the proposal in these areas.

The Customs Union is one of the main pillars of the Single Market. The modernisation of customs processes may foster economic activity and growth through enhancement of the competitiveness of the European Industry and through facilitation of trade, as well as ensure the protection of Europe’s consumers. Therefore, the Rapporteur considers the customs programme to be essential to achieve these goals.


OPINION of the Committee on Budgets (6.11.2018)

for the Committee on the Internal Market and Consumer Protection

on the proposal for a regulation of the European Parliament and of the Council establishing the 'Customs' programme for cooperation in the field of customs

(COM(2018)0442 – C8‑0261/2018 – 2018/0232(COD))

Rapporteur for opinion: Ivan Štefanec

AMENDMENTS

The Committee on Budgets calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4 a)  The Customs Programme will be instrumental in facilitating and improving the work of Customs authorities for the collection of customs duties, which represent an important source of revenue for the EU and national budgets. By focusing on IT capacity building and increased cooperation in the field of customs, this Programme will effectively contribute to protecting the financial interests of the Union and its Member states.

Amendment    2

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11 a)  In particular, the Customs programme is to be consistent and exploit any synergies with other EU action programmes and funds with similar objectives in related fields such as the Fiscalis programme, EU anti-fraud programme and Single Market Programme, as well as with the Internal Security Fund and Instrument for Border Management and Visa, the Reform Support Programme, the Digital Europe Programme, the Connecting Europe Facility and the Own resources Decision, implementing regulations and measures.

Amendment    3

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19)  Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.

(19)  Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. The overall implementation of the Customs programme, including contracts financed under it in whole or in part by the budget, should respect the principles of transparency, proportionality, equal treatment and non-discrimination.

Amendment    4

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1.  The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR 950 000 000 in current prices.

1.  The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR 842 844 000 in 2018 prices (EUR 950 000 000 in current prices).

Amendment    5

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3.  The external experts shall be selected by the Commission based on their skills, experience and knowledge relevant to the specific action, avoiding any potential conflict of interest.

3.  The external experts shall be selected by the Commission based on their skills, experience and knowledge relevant to the specific action, avoiding any potential conflict of interest and striking a balance between business representatives and other civil society experts. The selection process shall take account of gender balance among external experts, according to the principle of gender equality. The list of external experts shall be regularly updated and made public.

Amendment    6

Proposal for a regulation

Article 19 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Commission shall implement information and communication actions relating to the Programme, and its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3.

2.  The Commission shall implement information and communication actions relating to the Programme, and its actions and results. Financial resources allocated to the Programme shall also contribute to the communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Establishing the ‘Customs’ programme for cooperation in the field of customs

References

COM(2018)0442 – C8-0261/2018 – 2018/0232(COD)

Committee responsible

       Date announced in plenary

IMCO

14.6.2018

 

 

 

Opinion by

       Date announced in plenary

BUDG

14.6.2018

Rapporteur

       Date appointed

Ivan Štefanec

11.7.2018

Discussed in committee

24.9.2018

 

 

 

Date adopted

5.11.2018

 

 

 

Result of final vote

+:

–:

0:

26

2

2

Members present for the final vote

Jean Arthuis, Reimer Böge, Lefteris Christoforou, Gérard Deprez, André Elissen, José Manuel Fernandes, Eider Gardiazabal Rubial, Ingeborg Gräßle, Monika Hohlmeier, John Howarth, Bernd Kölmel, Zbigniew Kuźmiuk, Vladimír Maňka, Jan Olbrycht, Paul Rübig, Eleftherios Synadinos, Indrek Tarand, Isabelle Thomas, Inese Vaidere, Daniele Viotti, Tiemo Wölken, Marco Zanni

Substitutes present for the final vote

Karine Gloanec Maurin, Alain Lamassoure, Janusz Lewandowski, Ivana Maletić, Andrey Novakov, Marco Valli

Substitutes under Rule 200(2) present for the final vote

Michael Detjen, Stefan Gehrold

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

26

+

ALDE

Jean Arthuis, Gérard Deprez

ECR

Bernd Kölmel, Zbigniew Kuźmiuk

PPE

Reimer Böge, Lefteris Christoforou, José Manuel Fernandes, Stefan Gehrold, Ingeborg Gräßle, Monika Hohlmeier, Alain Lamassoure, Janusz Lewandowski, Ivana Maletić, Andrey Novakov, Jan Olbrycht, Paul Rübig, Inese Vaidere

S&D

Michael Detjen, Eider Gardiazabal Rubial, Karine Gloanec Maurin, John Howarth, Vladimír Maňka, Isabelle Thomas, Daniele Viotti, Tiemo Wölken

VERTS/ALE

Indrek Tarand

2

-

ENF

André Elissen

NI

Eleftherios Synadinos

2

0

EFDD

Marco Valli

ENF

Marco Zanni

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention


OPINION of the Committee on Budgetary Control (21.11.2018)

for the Committee on the Internal Market and Consumer Protection

on the proposal for a regulation of the European Parliament and of the Council establishing the 'Customs' programme for cooperation in the field of customs

(COM(2018)0442 – C8‑0261/2018 – 2018/0232(COD))

Rapporteur for opinion: Wolf Klinz

SHORT JUSTIFICATION

Customs help safeguarding the financial interests of the Union and of the Member States. As it is one of the important traditional own resources of the Union, it remains one of the focal point of interest of the Budgetary Control Committee.

The Customs programme will have an impact on the Union and Member States revenue. Although not quantifiable, it should facilitate and streamline the work done by Customs authorities for the collection of customs duties, as well as of VAT and excise duties at import. By increasing the quality of work through cooperation and IT and human capacity building, customs administrations will be more efficient for protecting the financial interests of the Union and of Member States.

The new Customs Programme must be consistent with and exploit any synergies with other EU action programmes and funds with similar objectives in related fields such as the Fiscalis Programme, the EU anti-fraud Programme and Single Market Programme, as well as with the Internal Security fund and Instrument for Border Management and Visa, the Reform Support Programme, the Digital Europe Programme, the Connecting Europe Facility and the Own Resources decision, implementing regulations and measures.

AMENDMENTS

The Committee on Budgetary Control calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a regulation

Citation 4 a (new)

Text proposed by the Commission

Amendment

 

Having regard to the European Court of Auditors’ special report No 19/2017 of 5 December 2017 entitled ‘Import procedures: shortcomings in the legal framework and an ineffective implementation impact the financial interests of the EU’;

Amendment    2

Proposal for a regulation

Citation 4 b (new)

Text proposed by the Commission

Amendment

 

Having regard to the European Court of Auditors’ special report No 26/2018 of 10 October 2018 entitled ‘A series of delays in Customs IT systems: what went wrong?';

Amendment    3

Proposal for a regulation

Citation 4 c (new)

Text proposed by the Commission

Amendment

 

Having regard to the Resolution of European Parliament of 4 October 2018 on 'Fighting Customs Fraud and Protection EU Own Resources' (2018/2747(RSP));

Amendment    4

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)  The Customs 2020 programme set up under Regulation (EU) No 1294/201318 and its predecessors have significantly contributed to facilitating and enhancing customs cooperation. Many of the activities in the customs area are of a cross-border nature, involving and affecting all Member States, and therefore they cannot be effectively and efficiently delivered by individual Member States. A customs programme at Union level, implemented by the Commission, offers Member States a Union framework to develop those cooperation activities, which is more cost-efficient than if each Member State were to set up individual cooperation frameworks on a bilateral or multilateral basis. It is therefore appropriate to ensure the continuity of Union financing of activities in the field of customs cooperation by establishing a new programme in the same area, the Customs programme.

(1)   The Customs 2020 programme set up under Regulation (EU) No 1294/201318 and its predecessors have significantly contributed to facilitating and enhancing customs cooperation. Many of the activities in the customs area are of a cross-border nature, involving and affecting all Member States, and therefore they cannot always be effectively and efficiently delivered by individual Member States. A customs programme at Union level, implemented by the Commission, offers Member States a Union framework to develop those cooperation activities, which is more cost-efficient than if each Member State were to set up individual cooperation frame works on a bilateral or multilateral basis. Moreover, ensuring a customs programme that contributes to harmonised and standardised custom controls at all points of entry are is necessary because an imbalance in the performance of customs controls by Member States impedes the effective functioning of the customs union. Furthermore, a reliable and efficient customs programme plays a vital role in safeguarding the financial interest of the EU. It is therefore appropriate to ensure the continuity of Union financing of activities in the field of customs cooperation by establishing a new programme in the same area, the Customs programme.

_________________

_________________

18 Regulation (EU) No 1294/2013 of the European Parliament and of the Council of 11 December 2013 establishing an action programme for customs in the European Union for the period 2014-2020 (Customs 2020) and repealing Decision No 624/2007/EC, OJ L 347, 20.12.2013, p. 209.

18 Regulation (EU) No 1294/2013 of the European Parliament and of the Council of 11 December 2013 establishing an action programme for customs in the European Union for the period 2014-2020 (Customs 2020) and repealing Decision No 624/2007/EC, OJ L 347, 20.12.2013, p. 209.

Amendment    5

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1 a)  The Customs Union is a cornerstone of the European Union as one of the largest trading blocks in the world, and is essential for the proper functioning of the single market for the benefit of both businesses and citizens. In its resolution of 14 March 20181a, the European Parliament expressed particular concern regarding customs fraud, which has created a significant loss of income for the Union's budget. The European Parliament reiterated that a stronger and a more ambitious Europe can only be achieved if it is provided with reinforced financial means and called, therefore, for providing continuous support to existing policies, for increasing resources to the Union’ flagship programmes, and for additional responsibilities to be matched with additional financial means.

 

_________________

 

1a P8_TA(2018)0075 : The next MFF: Preparing the Parliament’s position on the MFF post-2020

Amendment    6

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)  The customs union has evolved considerably over the last fifty years and customs administrations now successfully perform a wide variety of tasks at borders. Acting together, they work to facilitate trade and reduce red tape, collect revenues for national and Union budgets and protect the public against terrorist, health, environmental and other threats. In particular, with the introduction of an EU-wide Common Risk Management Framework19 and customs control of movements of large amounts of cash to combat money laundering and terrorist financing, customs assume a front line position in the fight against terrorism and organised crime,. Given that broad mandate, customs is now effectively the lead authority for the control of goods at the Union’s external borders. Against that backdrop, the Customs programme should not only cover customs cooperation but extend its support to the mission of customs authorities at large, as set out in Article 3 of Regulation (EU) No 952/2013, i.e. the supervision of the Union's international trade, the implementation of the external aspects of the internal market, of the common trade policy and of the other common Union policies having a bearing on trade, as well as the security of the supply chain. The legal basis will therefore cover customs cooperation (Article 33 TFEU), internal market (Article 114 TFEU) and commercial policy (Article 207 TFEU).

(2)  The customs union has evolved considerably over the last fifty years and customs administrations now successfully perform a wide variety of tasks at borders. Acting together, they work to facilitate trade and reduce red tape, collect revenues for national and Union budgets and help to protect the public against terrorist, health, environmental and other threats. In particular, with the introduction of an EU-wide Common Risk Management Framework19 and customs control of movements of large amounts of cash to combat money laundering and terrorist financing, customs assume a front line position in the fight against terrorism and organised crime,. Given that broad mandate, customs is now effectively the lead authority for the control of goods at the Union’s external borders. Against that backdrop, the Customs programme should not only cover customs cooperation but extend its support to the mission of customs authorities at large, as set out in Article 3 of Regulation (EU) No 952/2013, i.e. the supervision of the Union's international trade, the implementation of the external aspects of the internal market, of the common trade policy and of the other common Union policies having a bearing on trade, as well as the security of the supply chain. The legal basis will therefore cover customs cooperation (Article 33 TFEU), internal market (Article 114 TFEU) and commercial policy (Article 207 TFEU).

_________________

_________________

19 https://ec.europa.eu/taxation_customs/general-information-customs/customs-risk-management/measures-customs-risk-management-framework-crmf_en

19 https://ec.europa.eu/taxation_customs/general-information-customs/customs-risk-management/measures-customs-risk-management-framework-crmf_en

Justification

There are many other elements that help to protect the public in those areas.

Amendment    7

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3)  In providing a framework for actions that has as objective to support the customs union and customs authorities, the Programme should contribute to protecting the financial and economic interests of the Union and its Member States; protecting the Union from unfair and illegal trade while supporting legitimate business activity; ensuring the security and safety of the Union and its residents; and facilitating legitimate trade, so that businesses and citizens can benefit from the full potential of the internal market and of global trade.

(3)  In providing a framework for actions that has as objective to support the customs union and customs authorities with a view to the long-term objective that all customs administrations in the Union work together as if they were one, the Programme should contribute to protecting the financial and economic interests of the Union and its Member States; protecting the Union from unfair and illegal trade while supporting legitimate business activity; ensuring the security and safety of the Union and its residents; and facilitating legitimate trade, so that citizen and businesses and citizens can benefit from the full potential of the internal market and of global trade.

Amendment    8

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3 a)  The ability of Member States to react to challenges generated by constantly evolving global business models and supply chains, in particular with the surge of e-commerce, depend not only on the human component and the availability and proper functioning of modern and reliable customs control equipment but also fully and sustainably implemented Union customs information systems. These challenges emphasise the need to enforce cooperation between national customs authorities to ensure the effective collection of customs duties and protect the single market from fraud, illicit goods and external threats.

Amendment    9

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7)  The actions which applied under the Customs 2020 programme have proven to be adequate and should therefore be maintained. In order to provide more simplicity and flexibility in the execution of the Programme and thereby better deliver on its objectives, the actions should be defined only in terms of overall categories with a list of illustrative examples of concrete activities. Through cooperation and capacity building, the Customs programme should also promote and support the uptake and leverage of innovation to further improve the capabilities to deliver on the core priorities of customs.

(7)  The actions which applied under the Customs 2020 programme have proven to be adequate and should therefore be maintained. In order to provide greater simplicity and flexibility in the execution of the Programme and thereby better deliver on its objectives, the actions should be defined only in terms of overall categories with a list of illustrative examples of concrete activities. Through cooperation and capacity building, the Customs programme should also promote and support the uptake and leverage of innovation to further improve the capabilities to deliver on the core priorities of customs.

Amendment    10

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8)  Regulation [2018/XXX] establishes, as part of the Integrated Border Management Fund, a Customs Control Equipment Instrument22 (‘CCE Instrument’). In order to preserve the coherence and horizontal coordination of all cooperation actions relating to customs and customs control equipment, it is appropriate to implement all of them under one single legal act and set of rules, being this Regulation. Therefore, the CCE Instrument should only support the purchase, maintenance and upgrade of the eligible equipment while this Programme should support all other related actions, such as cooperation actions for the assessment of equipment needs or, where appropriate, training in relation to the equipment purchased.

(8)  Regulation [2018/XXX] establishes, as part of the Integrated Border Management Fund, a Customs Control Equipment Instrument22 (‘CCE Instrument’). In order to preserve the coherence and horizontal coordination of all cooperation actions relating to customs and customs control equipment, it is appropriate to implement all of them under one single legal act and set of rules, that act and those rules being this Regulation. Therefore, the CCE Instrument should only support the purchase, maintenance and upgrade of the eligible equipment, while this Programme should support all other related actions, such as cooperation actions for the assessment of equipment needs or, where appropriate, training in relation to the equipment purchased.

_________________

_________________

22 Proposal for a Regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for customs control equipment

22 Proposal for a Regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for customs control equipment

Amendment    11

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10)  Considering the importance of globalisation, the Programme should continue to provide the possibility of involving external experts within the meaning of Article 238 of the Financial Regulation. Those external experts should mainly be representatives of governmental authorities, including from non-associated third countries, as well as representatives of international organisations, economic operators or civil society.

(10)  Considering the importance of globalisation, the Programme should continue to provide the possibility of involving external experts within the meaning of Article 238 of the Financial Regulation. Those external experts should mainly be representatives of governmental authorities, including from non-associated third countries, as well as academics and representatives of international organisations, economic operators or civil society.

Amendment    12

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)  Information Technology (IT) capacity building actions are set to attract the greatest part of the budget under the Programme. Specific provisions should describe, respectively, the common and national components of the European electronic systems. Moreover, the scope of actions and the responsibilities of the Commission and the Member States should be clearly defined.

(12)  Information Technology (IT) capacity-building actions are set to attract the greater part of the budget under the Programme. Specific provisions should describe, respectively, the common and national components of the European electronic systems. Moreover, the scope of actions and the responsibilities of the Commission and the Member States should be clearly defined.

Amendment    13

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14)  This Regulation should be implemented by means of work programmes. In view of the mid- to long-term nature of the objectives pursued and building on experience gained over time, work programmes should be able to cover several years. The shift from annual to multiannual work programmes will reduce the administrative burden for both the Commission and Member States.

(14)  This Regulation should be implemented by means of work programmes. In view of the mid- to long-term nature of the objectives pursued and building on experience gained over time, work programmes may cover several years but not more than three years in order to allow for adaptations where necessary. The shift from annual to multiannual work programmes could reduce the administrative burden for both the Commission and Member States.

Amendment    14

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17)  In order to respond appropriately to changes in policy priorities, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the list of indicators to measure the achievement of the specific objectives of the Programme. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(17)  In order to respond appropriately to changes in policy priorities, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the list of indicators to measure the achievement of the specific objectives of the Programme. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council must receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment    15

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Programme has the general objective to support the customs union and customs authorities to protect the financial and economic interests of the Union and its Member States, to ensure security and safety within the Union and to protect the Union from unfair and illegal trade, while facilitating legitimate business activity.

1.  With a view to the long-term aim that all customs administrations in the Union work together as if they were one, the Programme has the general objective to support the customs union and customs authorities to protect the financial and economic interests of the Union and its Member States, to ensure security and safety within the Union and to protect the Union from unfair and illegal trade, while facilitating legitimate business activity.

Amendment    16

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Programme has the specific objective to support the preparation and uniform implementation of customs legislation and policy as well as customs cooperation and administrative capacity building, including human competency and the development and operation of European electronic systems.

2.  The Programme has the specific objective to support the preparation and uniform implementation of customs legislation and policy, to support customs cooperation and administrative capacity building, including human competency and the timely development, deployment, maintenance and operation of European electronic systems as well as a smooth transition to a paperless environment and trade in line with the Multi-Annual Strategic Plan for Customs set out in Article 12 of this Regulation. Worth noting is the cost-saving element for Member States arising from the Programme as it provides infrastructure and capacities that do not have to be developed and duplicated from national customs budgets.

Amendment    17

Proposal for a regulation

Article 3 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  The Programme shall also support the continuous evaluation and monitoring of the cooperation between customs authorities with a view to identifying weaknesses and possible improvements.

Amendment    18

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission

Amendment

1.  The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR 950 000 000 in current prices.

1.  The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR 842 844 000 in 2018 prices (EUR 950 000 000 in current prices).

Amendment    19

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission

Amendment

2.  The amount referred to in paragraph 1 may also cover expenses for preparation, monitoring, control, audit, evaluation and other activities for managing the Programme and evaluating the achievement of its objectives. It may moreover cover expenses relating to studies, meetings of experts, information and communication actions, in so far as they are related to the objectives of the Programme, as well as expenses linked to information technology networks focusing on information processing and exchange, including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the Programme.

2.  The amount referred to in paragraph 1 may also cover expenses for preparation, monitoring, control, audit, evaluation and other activities for managing the Programme and evaluating its performance and the achievement of its objectives. It may moreover cover expenses relating to studies, meetings of experts, information and communication actions, in so far as they are related to the objectives of the Programme, as well as expenses linked to information technology networks focusing on information processing and exchange, including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the Programme.

Amendment    20

Proposal for a regulation

Article 5 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

With regards to the upcoming withdrawal of the United Kingdom from the Union, the implications and costs for disentangling the United Kingdom as a Member State from all existing customs electronic systems financed by Customs 2020, cannot be precisely estimated at this point, but the European Parliament must be kept informed once data become available.

Amendment    21

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2.  Actions complementing or supporting the actions implementing the objectives referred to in Article 3 of Regulation (EU) [2018/XXX] [CCE instrument] shall also be eligible for funding under this Programme.

2.  Actions complementing or supporting the actions implementing the objectives referred to in Article 3 of Regulation (EU) [2018/XXX] [CCE instrument] and/or complementing or supporting the actions implementing the objectives referred to in Article 2 of Regulation (EU) [2018/XXX] [Anti-Fraud Programme] shall also be eligible for funding under this Programme.

Amendment    22

Proposal for a regulation

Article 7 – paragraph 3 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b)  project-based structured collaboration;

(b)  project-based structured collaboration, such as collaborative IT development by a group of Member States;

Amendment    23

Proposal for a regulation

Article 7 – paragraph 3 – subparagraph 1 – point e – point 3 a (new)

Text proposed by the Commission

Amendment

 

(3 a)  monitoring activities

Amendment    24

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4.  Actions consisting in the development and operation of adaptations or extensions to the common components of the European electronic systems for cooperation with third countries not associated to the Programme or international organisations shall be eligible for funding when they are of interest to the Union. The Commission shall put in place the necessary administrative arrangements, which may provide for a financial contribution from the third parties concerned to these actions.

4.  Actions consisting in the development, deployment, maintenance and operation of adaptations or extensions to the common components of the European electronic systems for cooperation with third countries not associated to the Programme or international organisations shall be eligible for funding when they are of interest to the Union. The Commission shall put in place the necessary administrative arrangements, which may provide for a financial contribution from the third parties concerned to these actions.

Amendment    25

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1.  Wherever beneficial for the achievement of the actions implementing the objectives referred to in Article 3, representatives of governmental authorities, including those from third countries not associated to the programme pursuant to Article 5, representatives of international and other relevant organisations, of economic operators and organisations representing economic operators and of civil society may take part as external experts to actions organised under the Programme.

1.  Wherever beneficial for the achievement of the actions implementing the objectives referred to in Article 3, representatives of governmental authorities, including those from third countries not associated to the programme pursuant to Article 5, academics and representatives of international and other relevant organisations, of economic operators and organisations representing economic operators and of civil society may take part as external experts to actions organised under the Programme.

Amendment    26

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3.  The external experts shall be selected by the Commission based on their skills, experience and knowledge relevant to the specific action, avoiding any potential conflict of interest.

3.  The external experts shall be selected by the Commission based on their skills, experience and knowledge relevant to the specific action, avoiding any potential conflict of interest and taking into account the principle of gender equality.

Amendment    27

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

The list of external experts shall be regularly updated and made accessible to the public.

Amendment    28

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Commission and the Member States shall ensure jointly the development and operation, including the design, specification, conformance testing, deployment, maintenance, evolution, security, quality assurance and quality control, of the European electronic systems listed in the Multi-Annual Strategic Plan for Customs referred to in Article 12.

1.  The Commission and the Member States shall jointly ensure the development and operation of the European electronic systems listed in the Multi-Annual Strategic Plan for Customs referred to in Article 12, including its design, specification, conformance testing, deployment, maintenance, evolution, modernisation security, quality assurance and quality control.

Amendment    29

Proposal for a regulation

Article 11 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

 

1 a.  The Customs Programme must be consistent with and exploit any synergies with other EU action programmes and funds with similar objectives in related fields such as the Fiscalis Programme, the EU anti-fraud Programme and Single Market Programme, as well as with the Internal Security fund and Integrated Border Management Fund (Instrument for Financial Support for Customs Control Equipment and the Instrument Border Management and Visa), the Reform Support Programme, the Digital Europe Programme, the Connecting Europe Facility and the Own Resources decision, implementing regulations and measures.

Amendment    30

Proposal for a regulation

Article 11 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b)  the overall coordination of the development and operation of European electronic systems with a view to their operability, inter connectivity and continuous improvement and their synchronised implementation;

(b)  the overall coordination of the development and operation of European electronic systems with a view to their operability, cyber-resilience, inter­connectivity and continuous improvement and their synchronised implementation;

Amendment    31

Proposal for a regulation

Article 11 – paragraph 2 – point e a (new)

Text proposed by the Commission

Amendment

 

(e a)  an efficient and swift communication with and between Member States with a view to streamline the governance of the European electronic systems;

Amendment    32

Proposal for a regulation

Article 11 – paragraph 2 – point e b (new)

Text proposed by the Commission

Amendment

 

(e b)  a timely and transparent communication with stakeholders concerned with implementing IT systems at Union and Member States levels, in particular about delays in the implementation and spending of Union and national components.

Amendment    33

Proposal for a regulation

Article 12 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b)  a national component: a component of the European electronic systems developed at national level, which is available in the Member State that created such a component or contributed to its joint creation;

(b)  a national component: a component of the European electronic systems developed at national level, which is available in the Member State that created such a component or contributed to its joint creation, as for instance in a collaborative IT development project by a group of Member States;

Amendment    34

Proposal for a regulation

Article 12 – paragraph 3

Text proposed by the Commission

Amendment

3.  Member States shall notify the Commission of the completion of each task allocated to them under the Multi-Annual Strategic Plan for Customs referred to in paragraph 1. They shall also regularly report to the Commission on progress with their tasks.

3.  Member States shall notify the Commission of the completion of each task allocated to them under the Multi-Annual Strategic Plan for Customs referred to in paragraph 1. They shall also regularly report to the Commission on progress with their tasks and where applicable about foreseeable delays in their implementation.

Amendment    35

Proposal for a regulation

Article 12 – paragraph 5

Text proposed by the Commission

Amendment

5.  No later than 31 October of each year, the Commission shall, on the basis of the annual reports referred to in paragraph 4, establish a consolidated report assessing the progress made by Member States and the Commission in the implementation of the plan referred to in paragraph 1 and make that report public.

5.  No later than 31 October of each year, the Commission shall, on the basis of the annual reports referred to in paragraph 4, establish a consolidated report assessing the progress made by Member States and the Commission in the implementation of the plan referred to in paragraph 1, including information on necessary adaptations or delays of the plan, and make that report public.

Amendment    36

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1.  The Programme shall be implemented by multiannual work programmes referred to in Article 108 of the Financial Regulation.

1.  The Programme shall be implemented by annual or multiannual work programmes referred to in Article 108 of the Financial Regulation. The multiannual work programme may cover a period of no longer than 3 years in order to allow for adaptations where necessary.

Amendment    37

Proposal for a regulation

Article 13 – paragraph 2

Text proposed by the Commission

Amendment

2.  The multiannual work programmes shall be adopted by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 18(2).

2.  The multiannual work programmes shall be adopted by the Commission by means of implementing acts and communicated to the European Parliament and the Council. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 18(2).

Amendment    38

Proposal for a regulation

Article 13 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2 a.  The multiannual work programme shall build on lessons learned from previous programmes.

Amendment    39

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the Commission

Amendment

1.  Indicators to report on progress of the Programme towards the achievement of the specific objectives set out in Article 3 are set in Annex 2.

1.  In compliance with its reporting requirements pursuant to Article [38(3)(e)(1)] of the Financial Regulation, the Commission shall present to the European Parliament and the Council information on performance of the Programme. Reporting on performance shall include information on both progress and shortfalls.

Amendment    40

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

2.  To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission is empowered to adopt delegated acts in accordance with Article 17 to amend Annex 2 to review or complement the indicators where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework.

2.  Indicators to report on performance of the Programme towards the achievement of the specific objectives set out in Article 3 are set in Annex 2. To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission is empowered to adopt delegated acts in accordance with Article 17 to amend Annex 2 to review or complement the indicators where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework in order to provide the European Parliament and the Council with updated qualitative as well as quantitative information on performance of the Programme.

Amendment    41

Proposal for a regulation

Article 14 – paragraph 3

Text proposed by the Commission

Amendment

3.  The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds.

3.  The performance reporting system shall ensure that data for monitoring programme implementation and results are comparable and complete as well as collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds. The Commission shall provide the European Parliament and the Council with reliable information on the quality of the performance data used.

Amendment    42

Proposal for a regulation

Article 15 – paragraph 1

Text proposed by the Commission

Amendment

1.  Evaluations shall be carried out in a timely manner to feed into the decision-making process.

1.  Evaluations shall assess the Programme's results, impact, effectiveness, efficiency, utility and EU added value and they shall be carried out in a timely manner to feed into the decision-making process. These evaluations should make a clear distinction between the implementation of the program in the Union and in third countries.

Amendment    43

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2.  The interim evaluation of the Programme shall be performed once there is sufficient information available about the implementation of the Programme, but no later than four years after the start of the programme implementation.

2.  The interim evaluation of the Programme shall be performed once there is sufficient information available about the implementation of the Programme, but no later than three years after the start of the programme implementation.

Amendment    44

Proposal for a regulation

Article 15 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

 

The interim evaluation shall present findings necessary to make a decision about a follow-up to the Programme beyond 2027 and its objectives.

Amendment    45

Proposal for a regulation

Article 15 – paragraph 3

Text proposed by the Commission

Amendment

3.  At the end of the implementation of the Programme, but no later than four years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.

3.  At the end of the implementation of the Programme, but no later than three years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.

Amendment    46

Proposal for a regulation

Article 15 – paragraph 4

Text proposed by the Commission

Amendment

4.  The Commission shall communicate the conclusions of the evaluations, accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

4.  The Commission shall communicate the conclusions of the evaluations, accompanied by its observations and lessons learned, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

Amendment    47

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

Where a third country participates in the programme by a decision under an international agreement or by virtue of any other legal instrument, the third country shall grant the necessary rights and access required for the authorizing officer responsible, the European Anti-Fraud Office (OLAF), the European Court of Auditors to comprehensively exert their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, provided for in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council concerning investigations conducted by the European Anti-Fraud Office (OLAF).

Where a third country participates in the programme by a decision under an international agreement or by virtue of any other legal instrument, the third country shall grant the necessary rights and access required for the authorizing officer responsible, the European Anti-Fraud Office (OLAF), the European Court of Auditors and the European Public Prosecutor's Office (EPPO) to comprehensively exert their respective competences. In the case of OLAF and the EPPO, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, provided for in Regulations (EU, Euratom) No 883/2013 of the European Parliament and of the Council concerning investigations conducted by the European Anti-Fraud Office (OLAF) and by Council Regulation (EU) No 1939/2017 implementing enhanced cooperation on establishment of the EPPO.

Amendment    48

Proposal for a regulation

Article 19 – paragraph 1

Text proposed by the Commission

Amendment

1.  The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.

1.  The recipients of Union funding shall acknowledge the origin and ensure maximum visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.

Amendment    49

Proposal for a regulation

Article 19 – paragraph 2

Text proposed by the Commission

Amendment

2.  The Commission shall implement information and communication actions relating to the Programme, and its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3.

2.  The Commission shall regularly implement information and communication actions relating to the Programme, and its actions and results as part of the work programmes as referred to in Article 13. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3.

Amendment    50

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

1.  This Regulation shall not affect the continuation or modification of the actions concerned, until their closure, under Regulation (EU) No 1294/2013, which shall continue to apply to the actions concerned until their closure.

1.  This Regulation shall not affect the continuation or modification of the actions concerned under Regulation (EU) No 1294/2013, which shall continue to apply to the actions concerned until their closure.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Establishing the ‘Customs’ programme for cooperation in the field of customs

References

COM(2018)0442 – C8-0261/2018 – 2018/0232(COD)

Committee responsible

       Date announced in plenary

IMCO

14.6.2018

 

 

 

Opinion by

       Date announced in plenary

CONT

5.7.2018

Rapporteur

       Date appointed

Wolf Klinz

7.9.2018

Discussed in committee

18.10.2018

 

 

 

Date adopted

20.11.2018

 

 

 

Result of final vote

+:

–:

0:

18

1

0

Members present for the final vote

Nedzhmi Ali, Inés Ayala Sender, Zigmantas Balčytis, Jonathan Bullock, Tamás Deutsch, Luke Ming Flanagan, Ingeborg Gräßle, Wolf Klinz, Bogusław Liberadzki, José Ignacio Salafranca Sánchez-Neyra, Bart Staes, Tomáš Zdechovský

Substitutes present for the final vote

Richard Ashworth, Caterina Chinnici, Karin Kadenbach, Andrey Novakov, Julia Pitera, Miroslav Poche

Substitutes under Rule 200(2) present for the final vote

John Howarth

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

18

+

ALDE

Nedzhmi Ali, Wolf Klinz

GUE/NGL

Luke Ming Flanagan

PPE

Richard Ashworth, Tamás Deutsch, Ingeborg Gräßle, Andrey Novakov, Julia Pitera, José Ignacio Salafranca Sánchez-Neyra, Tomáš Zdechovský

S&D

Inés Ayala Sender, Zigmantas Balčytis, Caterina Chinnici, John Howarth, Karin Kadenbach, Bogusław Liberadzki, Miroslav Poche

VERTS/ALE

Bart Staes

1

-

EFDD

Jonathan Bullock

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Establishing the ‘Customs’ programme for cooperation in the field of customs

References

COM(2018)0442 – C8-0261/2018 – 2018/0232(COD)

Date submitted to Parliament

8.6.2018

 

 

 

Committee responsible

       Date announced in plenary

IMCO

14.6.2018

 

 

 

Committees asked for opinions

       Date announced in plenary

BUDG

14.6.2018

CONT

5.7.2018

 

 

Rapporteurs

       Date appointed

Maria Grapini

19.6.2018

 

 

 

Discussed in committee

5.11.2018

21.11.2018

 

 

Date adopted

6.12.2018

 

 

 

Result of final vote

+:

–:

0:

33

2

0

Members present for the final vote

John Stuart Agnew, Pascal Arimont, Carlos Coelho, Sergio Gaetano Cofferati, Lara Comi, Anna Maria Corazza Bildt, Daniel Dalton, Nicola Danti, Dennis de Jong, Pascal Durand, Maria Grapini, Robert Jarosław Iwaszkiewicz, Philippe Juvin, Antonio López-Istúriz White, Eva Maydell, Marlene Mizzi, Jiří Pospíšil, Christel Schaldemose, Andreas Schwab, Olga Sehnalová, Jasenko Selimovic, Igor Šoltes, Ivan Štefanec, Richard Sulík, Róża Gräfin von Thun und Hohenstein, Mihai Ţurcanu, Anneleen Van Bossuyt, Marco Zullo

Substitutes present for the final vote

Lucy Anderson, Anna Hedh, Arndt Kohn, Matthijs van Miltenburg

Substitutes under Rule 200(2) present for the final vote

John Howarth, Nosheena Mobarik, Flavio Zanonato

Date tabled

13.12.2018


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

33

+

ALDE

ECR

EFDD

GUE/NGL

PPE

 

S&D

Verts/ALE

Jasenko Selimovic, Matthijs van Miltenburg

Daniel Dalton, Nosheena Mobarik, Richard Sulík, Anneleen Van Bossuyt

Marco Zullo

Dennis de Jong

Pascal Arimont, Carlos Coelho, Lara Comi, Anna Maria Corazza Bildt, Philippe Juvin, Antonio López‑Istúriz White, Eva Maydell, Jiří Pospíšil, Andreas Schwab, Ivan Štefanec, Róża Gräfin von Thun und Hohenstein, Mihai Ţurcanu

Lucy Anderson, Sergio Gaetano Cofferati, Nicola Danti, Maria Grapini, Anna Hedh, John Howarth, Arndt Kohn, Marlene Mizzi, Christel Schaldemose, Olga Sehnalová, Flavio Zanonato

Pascal Durand, Igor Šoltes

2

-

EFDD

John Stuart Agnew, Robert Jarosław Iwaszkiewicz

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

Last updated: 7 January 2019Legal notice