REPORT on the proposal for a decision of the European Parliament and of the Council establishing an action programme for customs in the Community (Customs 2013)

28.11.2006 - (COM(2006)0201 – C6‑0158/2006 – 2006/0075(COD)) - ***I

Committee on the Internal Market and Consumer Protection
Rapporteur: Janelly Fourtou

Procedure : 2006/0075(COD)
Document stages in plenary
Document selected :  
A6-0428/2006
Texts tabled :
A6-0428/2006
Texts adopted :

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a decision of the European Parliament and of the Council on an action programme for customs in the Community (Customs 2013)

(COM(2006)0201 – C6‑0158/2006 – 2006/0075(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0201)[1],

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0158/2006),

–   having regard to Rule 51 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 (A6‑0428/2006),

1.  Approves the Commission proposal as amended;

2.  Considers that the financial envelope indicated in the legislative proposal must be compatible with the ceiling of heading 1a of the new multi-annual financial framework (MFF) and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 37 of the IIA of 17 May 2006;

3.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

4.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the CommissionAmendments by Parliament

Amendment 1

Recital 1

(1) A major objective for the Community over the next years is the creation of growth and jobs, as reflected in the re-launch of the Lisbon Strategy. The previous programmes in the customs field, in particular Decision No 253/2003/EC of the European Parliament and the Council of 12 February 2003 adopting an action programme for customs in the Community1, (hereinafter “Customs 2007”) have significantly contributed to the achievement of that objective and to the overall objectives of the Customs policy. It is therefore appropriate to continue activities commenced under those programmes. This programme should be established for a period of six years to align its duration with that of the Multi-Annual Financial Framework contained in the Inter-institutional agreement of (date to be inserted) between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management2.

(1) A major objective for the Community over the next years is the creation of growth and jobs, as reflected in the re-launch of the Lisbon Strategy. The previous programmes in the customs field, in particular Decision No 253/2003/EC of the European Parliament and the Council of 12 February 2003 adopting an action programme for customs in the Community1, (hereinafter “Customs 2007”) have significantly contributed to the achievement of that objective and to the overall objectives of the Customs policy. It is therefore appropriate to continue activities commenced under those programmes. This programme should be established for a period of six years to align its duration with that of the Multi-Annual Financial Framework contained in the Inter-institutional agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management2.

________

1 OJ L 36, 12.2.2003, p. 1.

________

1 OJ L 36, 12.2.2003, p. 1. Decision amended by Decision No 787/2004/EC of the European Parliament and of the Council of 21 April 2004.

2 To be inserted in the course of the negotiations.

2 OJ C 139, 14.6.2006, p. 1.

Amendment 2

Recital 2, third sentence

Customs administrations play a vital role in protecting the interests of the Community, particularly its financial interests. They also provide an equivalent level of protection to the citizens and economic operators of the Community at any point in the Community customs territory where customs clearance formalities are carried out. In this context, the strategic policy defined by the Customs Policy Group has aimed at ensuring that national customs administrations operate as efficiently and effectively and react to any requirement arising from a changing customs environment as would one single administration.

Customs administrations play a vital role in protecting the interests of the Community, particularly its financial interests. They also provide an equivalent level of protection to the citizens and economic operators of the Community at any point in the Community customs territory where customs clearance formalities are carried out. In this context, the strategic policy defined by the Customs Policy Group has aimed at ensuring that national customs administrations operate as efficiently and effectively and react to any requirement arising from a changing customs environment as would one single administration.

It is therefore important that this programme is consistent and supportive of the overall Customs policy and that the establishment of the Customs Policy Group, comprising the heads of Customs administrations and their deputies, is supported under this programme. The implementation of the programme should be coordinated and organised by the Commission and the Member States within the common policy developed by the Customs Policy Group.

It is therefore important that this programme is consistent and supportive of the overall Customs policy and that the Customs Policy Group, comprising the Commission and the heads of Customs administrations of the Member States or their representatives, is supported under this programme. The implementation of the programme should be coordinated and organised by the Commission and the Member States within the common policy developed by the Customs Policy Group.

Amendment 3

Recital 9

(9) Customs officials need a sufficient standard of linguistic competence to cooperate and participate in the Customs programme. It is the responsibility of the Member States to provide the necessary language training for their officials.

(9) Customs officials need a sufficient standard of linguistic competence to cooperate and participate in the Customs programme. It is the responsibility of the participating countries to provide the necessary language training for their officials.

Amendment 4

Recital 12

(12) This Decision establishes a financial framework for the entire duration of the programme, which is to be the principal point of reference for the budgetary authority, within the meaning of point 33 of the Inter-institutional agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure.

(12) This Decision establishes a financial framework for the entire duration of the programme, which is to be the principal point of reference for the budgetary authority, within the meaning of point 37 of the Inter-institutional agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management.

Amendment 5

Recital 13

(13) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission1.

(13) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission1.

________

1 OJ L 184, 17.7.1999, p. 23.

________

1 OJ L 184, 17.7.1999, p. 23. Decision last amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

Amendment 6

Article 1, paragraph 1

1. A multiannual Community action programme (Customs 2013) hereinafter referred to as “the programme”, is hereby established for the period 1 January 2008 to 31 December 2013 to support and complement the action undertaken by Member States in the customs field.

1. A multiannual Community action programme (Customs 2013) hereinafter referred to as “the programme”, is hereby established for the period 1 January 2008 to 31 December 2013 to support and complement the action undertaken by Member States to ensure the effective operation of the internal market in the customs field.

Amendment 7

Article 3, paragraph 4

4. Participating countries shall be represented by members of the relevant administration.

4. Participating countries shall be represented by officials of the relevant administration.

Amendment 8

Article 4, paragraph 1 (a)

(a) ensure that the customs activities match the needs of the internal market, including supply chain security;

(a) ensure that the customs activities match the needs of the internal market, including supply chain security and the simplification of trade, and support the strategy for growth in employment;

Amendment 9

Article 4, paragraph 1 (b)

(b) interaction and performance of the duties of the Customs administrations as efficiently as though they were one administration, ensuring equivalence of controls at every point of the Community customs territory and the support of legitimate business activity;

(b) interaction and performance of the duties of the Community Customs administrations as efficiently as though they were one administration, ensuring controls with equivalent results at every point of the Community customs territory and the support of legitimate business activity;

Amendment 10

Article 4, paragraph 1 (d)

(d) strengthening the security and safety of citizens;

(d) strengthening the security and safety;

Amendment 11

Article 4, paragraph 1, point (e)

(e) to prepare for enlargement, including the sharing of experience and knowledge with the customs administrations of the countries concerned.

(e) to prepare the countries mentioned in Article 3(2) for enlargement, including the sharing of experience and knowledge with the customs administrations of the countries concerned.

Amendment 12

Article 4, paragraph 2

2. The common approach regarding the customs policy shall continuously be adapted to new developments in partnership between the Commission and the Member States in the Customs Policy Group, composed of the heads of customs administrations from the Commission and the Member States or their representatives. The Commission shall keep the Customs Policy Group regularly informed of measures relating to the implementation of the programme.

2. The common approach regarding the customs policy shall continuously be adapted to new developments in partnership between the Commission and the Member States in the Customs Policy Group, composed of the Commission and the heads of customs administrations of the Member States or their representatives. The Commission shall keep the Customs Policy Group regularly informed of measures relating to the implementation of the programme.

Amendment 13

Article 5, paragraph 1 (a)

(a) to reduce the administrative burden and the cost of compliance for economic operators by improving the standardisation and simplification of customs systems and controls, in particular for data input and risk management;

(a) to reduce the administrative burden and the cost of compliance for economic operators by improving the standardisation and simplification of customs systems and controls, and maintain open and transparent cooperation with the commercial players;

Amendment 14

Article 5, paragraph 1 (c)

(c) to maintain a system of the measurement of the performance of Member States in customs administrations in order to improve performance;

(c) to maintain a system of the measurement of the performance of Member States in customs administrations in order to improve their efficiency and effectiveness;

Amendment 15

Article 5, paragraph 1 (d)

(d) to support actions to prevent irregularities by providing control information rapidly to front line customs posts;

(d) to support actions to prevent irregularities, in particular by providing information on risks rapidly to front line customs posts;

Amendment 16

Article 5, paragraph 1 (d) (a)

 

(da) to ensure a standard and unambiguous classification of tariffs in the European Union, in particular by improving coordination and cooperation between laboratories;

Amendment 17

Article 5, paragraph 1 (h)

(h) to contribute to the establishment of high quality customs administrations in third countries;

(h) to contribute to the development of high quality customs administrations in third countries;

Amendment 18

Article 7, paragraph 2 (b)

(b) the New Computerised Transit System (NCTS/NSTI);

(b) the Computerised Transit System (NCTS);

Amendment 19

Article 7, paragraph 2 (c)

(c) the Tariff systems;

(c) the Tariff systems in particular the Data Dissemination System (DDS), the Combined Nomenclature (CN), the information system of the Integrated Tariff of the European Community (TARIC), the European binding tariff information system (EBTI), the management system tariff and quota surveillance (TQS), the suspension information system, the Specimen Management System (SMS), the Information System for Processing Procedures (ISPP), the European Customs Inventory of Chemical Substances (ECICS) and the Registered Exporters System (REX);

Amendment 20

Article 7, paragraph 2 (d)

(d) the electronic customs systems;

deleted

Amendment 21

Article 7, paragraph 2(e)

(e) the systems for the security amendments;

 

(e) the systems for increasing security set out in Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Regulation (EEC) No 2913/92 of the Council establishing the Community Customs Code1, in particular the Community risk management system, Export Control System (ECS), the Import Control System (ICS) and the system for authorised economic operators;

 

________

1 OJ L 117, 4.5.2005, p. 13.

Amendment 22

Article 7, paragraph 2(f)

(f) any new customs related communication and information exchange systems established under Community legislation and provided for in the Work Programme referred to in Article 6.

(f) any new customs (including electronic customs systems) related communication and information exchange systems established under Community legislation and provided for in the Work Programme referred to in Article 6.

Amendment 23

Article 7, paragraph 5

5. The Commission shall co-ordinate, in co-operation with the participating countries, those aspects of the establishment and functioning of the Community and non-Community components of the systems and infrastructure referred to in paragraph 2 which are necessary to ensure their operability, interconnectivity and continuous improvement. The schedules and deadlines established for that purpose shall be complied with by the participating countries.

5. The Commission shall co-ordinate, in co-operation with the participating countries, those aspects of the establishment and functioning of the Community and non-Community components of the systems and infrastructure referred to in paragraph 2 which are necessary to ensure their operability, interconnectivity and continuous improvement. The Commission and the participating countries shall do everything within their power to comply with the schedules and deadlines established for that purpose.

Amendment 24

Article 7, paragraph 6

6. The Commission may make the communication and information exchange systems available to other public service for customs or non-customs purposes provided that a financial contribution is paid to the programme.

6. The Commission may make the CCN/CSI available to other administrations for customs or non-customs purposes. A financial contribution may be required to cover the relevant costs.

Amendment 25

Article 11, paragraph 2

2. The participating countries shall enable visiting officials to play an effective role in the activities of the host administration. To this end, visiting officials shall be authorised to carry out the tasks relating to the duties entrusted to them by the host administration in accordance with its legal system.

2. The participating countries shall enable visiting officials to play an effective role in the activities of the host administration. To this end, visiting officials shall be authorised to carry out the tasks relating to the duties entrusted to them by the host administration in accordance with its legal system. If circumstances so require and, in particular, in order to take into account the specific requirements of the judicial system of each participating country, the competent authorities of the participating countries may restrict that authorisation.

Amendment 26

Article 11, paragraph 3

3. During the working visit, the civil liability of the visiting official in the performance of his duties shall be treated in the same way as that of officials of the host administration. Visiting officials shall be bound by the same rules of professional secrecy as national officials.

3. During the working visit, the civil liability of the visiting official in the performance of his duties shall be treated in the same way as that of officials of the host administration. Visiting officials shall be bound by the same rules of professional confidentiality as national officials.

Amendment 27

Article 12, paragraph 1, first sentence

1. The Commission, in cooperation with the participating countries, shall facilitate structured co-operation between national training bodies and officials responsible for training in customs administrations, and in particular by the following means:

1. The participating countries, in cooperation with the Commission, shall facilitate cooperation between the national training establishments, in particular:

Amendment 28

Article 12, paragraph 1(a)

a) the setting of training standards, the development of existing training programmes and, where necessary, new programmes to provide a common core of training for officials relating to the full range of customs rules and procedures so as to enable them to acquire the necessary professional skills and knowledge;

 

a) the setting of training standards, the development of existing training programmes and, where appropriate, the development of existing training modules and new modules using online learning to provide a common core of training for officials relating to the full range of customs rules and procedures so as to enable them to acquire the necessary professional skills and knowledge;

 

Amendment 29

Article 12, paragraph 1(b)

b) where appropriate, the coordination of the opening to officials from all participating countries of training courses in the Customs field where such courses are provided by a participating country for its own officials;

b) where appropriate, the promotion of and access to training courses in the Customs field for officials of all participating countries where such courses are provided by a participating country for its own officials;

Amendment 30

Article 12, paragraph 1(c)

c) where appropriate, the development of the necessary infrastructure and tools for common customs training and customs training management;

c) where appropriate, the supply of the necessary infrastructure and tools for common online learning in the customs field and customs training management;

Amendment 31

Article 12, paragraph 1(d)

d) the consideration of the opportunities to develop training activities with other public services.

Deleted

Amendment 32

Article 12, paragraph 2, subparagraph 1

2. Participating countries shall ensure that common training programmes and the common customs training infrastructure referred to in paragraph 1(c) are fully integrated within their national training programmes.

 

2. Where appropriate, participating countries shall integrate the jointly developed online learning modules during the set up referred to in paragraph 1(a) in their national training programmes.

Amendment 33

Article 12, paragraph 2, second sentence

Participating countries shall also ensure that their officials receive the initial and continuous training necessary to acquire the common professional skills and knowledge in accordance with the training programmes and the linguistic training necessary for them to ascertain a sufficient standard of linguistic competence for participation in the programme.

Participating countries shall also ensure that their officials receive the initial and continuous training necessary to acquire the common professional skills and knowledge in accordance with the training programmes. The participating countries shall also promote the linguistic training necessary for officials to ascertain a sufficient standard of linguistic competence for participation in the programme.

Amendment 34

Article 13, paragraph 1

1. The Commission, in cooperation with the participating countries shall decide which specific sectors of Community customs legislation may be subject to monitoring.

1. The Commission, in cooperation with the Member States shall decide which specific sectors of Community customs legislation may be subject to monitoring.

Amendment 35

Article 14

Representatives of international organisations, administrations of third countries, economic operators and their organisations may take part in activities organised under the programme whenever this is essential to carry out the objectives mentioned in Article 4 and 5.

Representatives of international organisations, administrations of third countries, economic operators and their organisations may take part in activities organised under the programme whenever this is useful to carry out the objectives mentioned in Article 4 and 5.

Amendment 36

Article 15

The Commission in cooperation with the Participating countries, shall develop the systematic and structured sharing of information resulting from programme activities.

The Commission in cooperation with the Participating countries, shall develop the sharing of information resulting from programme activities.

Amendment 37

Article 16, paragraph 2

2. The annual appropriations shall be authorised by the budgetary authority within the limits of the multi-annual scheme of the financial perspectives.

2. The annual appropriations shall be authorised by the budgetary authority within the limits of the multi-annual scheme of the financial frameworks, in accordance with point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management.

Justification

For reasons of legal clarity, it is important to indicate the relevant provisions.

Amendment 38

Article 17, paragraph 2(b)

b) the travel and living expenses incurred by officials from the participating countries relating to benchmarking activities, working visits, seminars, workshops and project groups, training and monitoring actions;

b) the travel and living expenses incurred by officials from the participating countries relating to benchmarking activities, working visits, seminars and workshops, project groups and steering groups and raining and monitoring actions;

Amendment 39

Article 17, paragraph 2, point (c)

(c) the organisational costs of seminars and workshops, as well as travel and living expenses incurred for the participation of external experts and participants referred to in Article 14;

(c) the organisational costs of seminars and workshops;

Amendment 40

Article 17, paragraph 2(c a) (new)

 

ca) travelling and living expenses incurred through the participation of the external experts and participants referred to in Article 14;

Amendment 41

Article 17, paragraph 2, point (e)

(e) the costs of any other activity referred to in point h of Article 1(2).

(e) the costs of any other activity referred to in point h of Article 1(2) up to a ceiling of no more than 5% of the overall cost of the programme.

Justification

The possibility of support for ‘any other activities required for the realisation of the objectives of the programme’ is expressed in very broad terms. In order to achieve the necessary flexibility without causing damaging effects to other tasks within the Customs 2013 programme, a ceiling of 5% as agreed in the Council working party should also be incorporated in the text of the decision.

Amendment 42

Article 17, paragraph 2 a (new)

 

2a. The participating countries shall bear the following expenditure:

a) the cost of the development, acquisition, installation, maintenance and the cost of the day-to-day operation of the non-Community components of the communication and information exchange systems set out in Article 7(4);

b) the cost relating to the initial and continuous training, in particular linguistic training of their officials.

Amendment 43

Article 17, paragraph 4

4. The Commission shall, in accordance with the procedure referred to in Article 19(2), adopt any necessary measures for the budget management of the programme.

Deleted

Amendment 44

Article 17, paragraph 6

6. Participating countries shall bear the following expenditure:

 

(a) the development, purchase, installation, maintenance and the cost of the day-to-day operation of the non-Community components of the communication and information exchange systems referred to in Article 7(4);

 

(b) the costs relating to the initial and continuing training, including the linguistic training, of their officials.

Deleted

Amendment 45

Article 17 a (new)

 

Applicability of the Financial Regulation

The provisions of the Financial Regulation shall be applicable to all subsidies granted in accordance with the present decision within the meaning of Title 6 of the Financial Regulation. In particular, they shall be subject to a prior written agreement with the beneficiary as set out in Article 108 of the Financial Regulation and on the basis of the implementing rules adopted in accordance with it, whereby the beneficiaries declare their acceptance to have their utilisation of the appropriations granted audited by the European Court of Auditors.

Justification

If the Commission concludes partnership framework regulations, it should comply with all the relevant provisions of the Financial Regulation, without exception. Since these are not exclusively provisions on financial control, the applicability of the Financial Regulation should be set out in a separate paragraph.

Amendment 46

Article 18

18. Financing decisions and any agreements or contracts resulting from this Decision shall be subject to financial control, and if necessary, on the spot audits by the Commission, including the European Anti-Fraud Office (OLAF) and by the European Court of Auditors. Any grants made pursuant to this Decision will be subject to agreement in writing in advance by the beneficiaries. Such agreement shall contain the acceptance by the beneficiaries to an audit by the European Court of Auditors into the use made of the financing granted.

Financing decisions and any agreements or contracts resulting from this Decision shall be subject to financial control, and if necessary, on the spot audits by the Commission, including the European Anti-Fraud Office (OLAF) and by the European Court of Auditors. Such audits may take place unannounced..

Justification

Audits are considerably more effective if they take place unannounced. This obligation of the Member States should therefore be included in the text of the decision. The obligations of the partners to the agreement under the Financial Regulation do not relate exclusively to financial control, and are therefore set out in a separate article: Article 17 a (new) ‘Applicability of the Financial Regulation’.

Amendment 47

Article 21, paragraph 3, point (a)

(a) by 30 September 2011 at the latest, a mid-term evaluation report, and a communication on the desirability of continuing the programme;

(a) by 31 July 2011 at the latest, a mid-term evaluation report, and a communication on the desirability of continuing the programme;

Justification

The dates for submission of reports by the Commission to Parliament, the ESC and the CoR do not take enough account of deadlines in the EP’s budgetary procedure. The Commission’s deadlines for submission should therefore be changed from 30 September to 31 July.

Amendment 48

Article 21, paragraph 3, point (b)

(b) by 30 September 2014 at the latest, a final evaluation report.

(b) by 31 July 2014 at the latest, a final evaluation report.

Justification

The dates for submission of reports by the Commission to Parliament, the ESC and the CoR do not take enough account of deadlines in the EP’s budgetary procedure. The Commission’s deadlines for submission should therefore be changed from 30 September to 31 July.

  • [1]  Not yet published in OJ.

EXPLANATORY STATEMENT

The intra-Community trade in goods whose volume has almost doubled since the dismantling of internal barriers now allows for some €1 500 billion annually. Customs administrations play a key role in the Community by preserving and developing the internal market, carrying out controls at external borders and protecting the Community's financial and other interests. The customs programmes are a key part of these tasks, since without them European trade would be seriously disrupted, its competitiveness weakened and the security of its citizens threatened. Faced with new challenges and ongoing changes, it is essential to move up a gear and take initiatives to pursue the development, particularly in the IT sector.

The mid-term assessment of the Customs 2007 programme (which will end on 31 December 2007), has shown that this programme is well adapted to the requirements of the administrations, that is essential to the sound operation of the European Union's customs union and that it plays a key role in assisting participating countries to learn from each other.

The evaluation recommended reinforcing activities in the areas of training and the dissemination of information. This is why the Customs 2013 programme has been created as an extension of the Customs 2007 programme, reinforced with additional financial resources, both to support new political initiatives and to foresee a marginal increase in the budget of all other sub-headers.

The objectives of this programme are:

- to support customs administrations of the participating countries to facilitate legitimate trade;

- to simplify and speed up procedures;

- to protect the security and safety of citizens and the financial interests of the Community.

These objectives will be attained through the development of a pan-European electronic customs environment and the implementation of a modernised Customs Code, the further expansion of international customs cooperation, support for the further development and implementation of the authorised economic operator concept, the maintaining and current operational trans-European IT systems and the further development of cooperation, exchanges of information and best practices with the Customs administrations of third countries, in particular candidate countries, (potential candidate countries) and the partner countries of the European Neighbourhood Policy.

The budget proposed for the Customs 2013 programme shows a marked increase compared with six years ago, since it has risen from €157 435 m to €323.8 m. This increase is due mainly to the development of new IT systems to support new commercial and legislative initiatives:

- €77 m are needed for the running and development of the transit system and tariff system;

- €104.5 m over six years to run the electronic customs project currently being developed;

- €38.7 m need to be allocated to initiative management systems on security aspects of custom policy;

- €46 m has been entered in the budget to fund common actions;

- finally, the programme earmarks €11.4 m over six years to contribute to the development of joint training tools to support the customs policy objectives referred to above.

In conclusion, the Customs 2013 programme will improve cooperation between customs administrations and their officials and establish computerised trans-European networks which make it possible to meet the customs control obligations in the internal market and to maintain the taxation of goods and services in conformity with national and Community fiscal legislation within the market. This programme has a key role to play in ensuring that the single market works smoothly and in managing the EU's external borders, thus contributes to attaining the Commission and Lisbon strategy objectives for 2005 to 2009. The renewal of this programme is indispensable for the competitiveness of European trade, the collection and protection of the Community's revenue and the security of EU citizens.

It is essential to ensure the continuity of the programme. This is why a vote must be taken as soon as possible. With a view to a single reading, your rapporteur has therefore tabled amendments fully in line with the Council's approach.

20.11.2006

OPINION OF THE COMMITTEE ON BUDGETS

for the Committee on the Internal Market and Consumer Protection

on the proposal for a decision of the European Parliament and of the Council establishing an action programme for customs in the Community (Customs 2013)

(COM(2006)0201 – C6‑0158/2006 – 2006/0075(COD))

Draftsman: Wojciech Roszkowski

SHORT JUSTIFICATION

Customs 2013 programme is the successor of the currently running Customs 2007 programme which is to expire at the end of 2007. Its duration has been planned for the period from 1 January 2008 to 31 December 2013, so it is to terminate at the same time as the Multi-annual Financial Framework agreed upon this year.

Overall objectives of the programme are: ensuring compliance of the customs activities with the needs of the internal market, functioning of the different customs administrations as if they were one administration, protection of the Community's financial interests and increasing citizens´ safety and security. These objectives along with the more specific ones are to be achieved in practice via, inter alia, operational communication and exchange information systems, benchmarking in order to identify best practices, training, common projects and monitoring of actions.

The reference amount proposed for the 6 years of the duration of the programme is EUR 323.8 million. This means an increase compared to the previous edition of the programme. According to the Commission increased funding is necessary in order to implement the new strategic initiatives (eCustoms) and, to a lesser extent, for the modernisation of trans-European IT systems and other objectives.

According to the Financial Statement attached to the Commission's proposal, 2.1% of the reference amount (EUR 6.8 million) would be spent on administrative expenditure. The breakdown of the expenditure in the six years of the duration of the programme is presented in the table below, with separate categories for administrative and operational expenditure.

EUR million

 

Expenditure type

 

2008

2009

2010

2011

2012

2013

2014-2015

Total
2008-13

Operational expenditure

Commitment Appropriations (CA)

(1)

41.868

48.368

50.318

54.768

59.568

62.118

-

317.008

Payment Appropriations (PA)

(2)

15.417

35.276

47.368

51.253

55.133

59.328

53.233

317.008

Administrative expenditure within reference amount

Technical & administrative assistance (NDA)

(3)

1.132

1.132

1.132

1.132

1.132

1.132

-

6.792

TOTAL REFERENCE AMOUNT

 

 

 

 

 

 

 

Commitment Appropriations

(1+3)

43.000

49.500

51.450

55.900

60.700

63.250

-

323.800

Payment Appropriations

(2+3)

16.549

36.408

48.500

52.385

56.265

60.460

53.233

323.800

The CUSTOMS programme has been a successful tool for supporting European customs services in both cooperation and training. The programme provided for organisation of seminars, international working groups, internships, benchmarking and training.

C2007 also ensures the functioning of information sharing systems among its partners.

In the conclusions of the mid-term evaluation of the Customs 2007 programme the Commission concludes: "...there is general satisfaction with the effectiveness and efficiency of the Programme. This seems to be confirmed by the quantitative data gathered during this evaluation."

The Draftsman believes that with consideration of the following amendments, the Commission's proposal for renewal of the programme shall develop into an even more effective support tool for European customs services for the years 2008-13.

AMENDMENTS

The Committee on Budgets calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to incorporate the following amendments in its report:

Draft legislative resolution

Amendment 1

Paragraph 1 a (new)

1a. Considers that the financial envelope indicated in the legislative proposal must be compatible with the ceiling of heading 1a of the new multi-annual financial framework (MFF) and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 37 of the IIA of 17 May 2006;

Proposal for a decision

Text proposed by the Commission[1]Amendments by Parliament

Amendment 2

Recital 1

(1) A major objective for the Community over the next years is the creation of growth and jobs, as reflected in the re-launch of the Lisbon Strategy. The previous programmes in the customs field, in particular Decision No 253/2003/EC of the European Parliament and the Council of 12 February 2003 adopting an action programme for customs in the Community, (hereinafter “Customs 2007”) have significantly contributed to the achievement of that objective and to the overall objectives of the Customs policy. It is therefore appropriate to continue activities commenced under those programmes. This programme should be established for a period of six years to align its duration with that of the Multi-Annual Financial Framework contained in the Inter-institutional agreement of (date to be inserted) between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management.2

(1) A major objective for the Community over the next years is the creation of growth and jobs, as reflected in the re-launch of the Lisbon Strategy. The previous programmes in the customs field, in particular Decision No 253/2003/EC of the European Parliament and the Council of 12 February 2003 adopting an action programme for customs in the Community, (hereinafter “Customs 2007”) have significantly contributed to the achievement of that objective and to the overall objectives of the Customs policy. It is therefore appropriate to continue activities commenced under those programmes. This programme should be established for a period of six years to align its duration with that of the Multi-Annual Financial Framework contained in the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management2.

2To be inserted in the course of negotiations.

2 OJ C 139, 14.6.2006, p. 1.

Justification

Reference to the current Interinstitutional Agreement should be inserted.

Amendment 3

Recital 12

(12) This Decision establishes a financial framework for the entire duration of the programme, which is to be the principal point of reference for the budgetary authority, within the meaning of point 33 of the Inter-institutional agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure10.

 

(12) This Decision establishes a financial framework for the entire duration of the programme, which is to be the principal point of reference for the budgetary authority, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management.

10 OJ C 172, 18.6.1999, p. 1, agreement as last amended by Decision 2003/429/EC (OJ L 147, 14.6.2003,p. 25).

 

Justification

The Interinstitutional Agreement of 6 May 1999 is no longer in force.

Amendment 4

Article 4, paragraph 1, point (a)

(a) ensure that the customs activities match the needs of the internal market, including supply chain security;

(a) ensure that the customs activities match the needs of the internal market, including supply chain security and trade facilitation, and support the strategy for growth and jobs;

Justification

Overall objectives of the programme should be completed in line with the Lisbon strategy.

Amendment 5

Article 4, paragraph 1, point (b)

(b) interaction and performance of the duties of the Customs administrations as efficiently as though they were one administration, ensuring equivalence of controls at every point of the Community customs territory and the support of legitimate business activity;

(b) ensure that Customs administrations in the Community interact and perform their duties as efficiently as though they were one administration, ensuring controls leading to the equivalence of results at every point of the Community customs territory and the support for legitimate business activity;

Justification

One should insist on the equivalence of results rather than controls.

Amendment 6

Article 4, paragraph 1, point (d)

(d) strengthening the security and safety of citizens;

(d) strengthening security and safety;

Justification

Wider wording allowing for greater flexibility seems to be more appropriate.

Amendment 7

Article 4, paragraph 1, point (e)

(e) to prepare for enlargement, including the sharing of experience and knowledge with the customs administrations of the countries concerned.

(e) prepare the countries referred to in Article 3(2) for enlargement, including the sharing of experience and knowledge with the customs administrations of the countries concerned.

Justification

Provision will be more precise with a reference to Article 3.

Amendment 8

Article 14

Representatives of international organisations, administrations of third countries, economic operators and their organisations may take part in activities organised under the programme whenever this is essential to carry out the objectives mentioned in Article 4 and 5.

Representatives of international organisations, administrations of third countries, economic operators and their organisations may take part in activities organised under the programme whenever this is useful to carry out the objectives mentioned in Article 4 and 5.

Justification

Conditions for the participation of the representatives of external bodies should be less restrictive.

Amendment 9

Article 16, paragraph 2

2. The annual appropriations shall be authorised by the budgetary authority within the limits of the multi-annual scheme of the financial perspectives.

2. The annual appropriations shall be authorised by the budgetary authority within the limits of the multi-annual scheme of the financial frameworks, in accordance with point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management.

Justification

For reasons of legal clarity, it is important to indicate the relevant provisions.

Amendment 10

Article 17, paragraph 2, point (e)

(e) the costs of any other activity referred to in point h of Article 1(2).

(e) the costs of any other activity referred to in point h of Article 1(2) up to a ceiling of no more than 5% of the overall cost of the programme.

Or. de

Justification

The possibility of support for ‘any other activities required for the realisation of the objectives of the programme’ is expressed in very broad terms. In order to achieve the necessary flexibility without causing damaging effects to other tasks within the Customs 2013 programme, a ceiling of 5% as agreed in the Council working party should also be incorporated in the text of the decision.

Amendment 11

Article 17 a (new)

 

Article 17a

 

Applicability of the Financial Regulation

The provisions of the Financial Regulation shall be applicable to any grants made pursuant to this Decision within the meaning of Title VI of the Financial Regulation1. In particular, they shall be subject to a prior written agreement with the beneficiaries as set out in Article 108 of the Financial Regulation and on the basis of the implementing rules adopted in accordance with it2. Such agreements shall contain the acceptance by the beneficiaries of an audit by the European Court of Auditors into the use made of the financing granted.

___________

1 Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities, OJ L 248, 16.9.2002, p. 1.

2 Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, OJ L 357, 31.12.2002, p. 1. Last amended by Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

Or. de

Justification

If the Commission concludes partnership framework regulations, it should comply with all the relevant provisions of the Financial Regulation, without exception. Since these are not exclusively provisions on financial control, the applicability of the Financial Regulation should be set out in a separate paragraph.

Amendment 12

Article 18

Financing decisions and any agreements or contracts resulting from this Decision shall be subject to financial control, and if necessary, on the spot audits by the Commission, including the European Anti-Fraud Office (OLAF) and by the European Court of Auditors. Any grants made pursuant to this Decision will be subject to agreement in writing in advance by the beneficiaries. Such agreement shall contain the acceptance by the beneficiaries to an audit by the European Court of Auditors into the use made of the financing granted.

Financing decisions and any agreements or contracts resulting from this Decision shall be subject to financial control, and if necessary, on the spot audits by the Commission, including the European Anti-Fraud Office (OLAF) and by the European Court of Auditors. Such audits may take place unannounced.

Or. de

Justification

Audits are considerably more effective if they take place unannounced. This obligation of the Member States should therefore be included in the text of the decision. The obligations of the partners to the agreement under the Financial Regulation do not relate exclusively to financial control, and are therefore set out in a separate article: Article 17 a (new) ‘Applicability of the Financial Regulation’.

Amendment 13

Article 19, paragraph 2

2. Where reference is made to this paragraph, the procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance of Articles 7 and 8 thereof. The period provided for in Article 4(3) of Decision 1999/468/EC shall be three months.

2. Where reference is made to this paragraph, the procedure laid down in Article 3 of Decision 1999/468/EC shall apply, in compliance of Articles 7 and 8 thereof.

Or. de

Justification

Even in the case of a programme that serves mainly to support the Member States, but nevertheless implements EU policy and is funded from the EU budget, the Council should not be placed at an advantage over the Parliament. An advisory committee is therefore more appropriate than a management committee.

Amendment 14

Article 21, paragraph 3, point (a)

(a) by 30 September 2011 at the latest, a mid-term evaluation report, and a communication on the desirability of continuing the programme;

(a) by 31 July 2011 at the latest, a mid-term evaluation report, and a communication on the desirability of continuing the programme;

Or. de

Justification

The dates for submission of reports by the Commission to Parliament, the ESC and the CoR do not take enough account of deadlines in the EP’s budgetary procedure. The Commission’s deadlines for submission should therefore be changed from 30 September to 31 July.

Amendment 15

Article 21, paragraph 3, point (b)

(b) by 30 September 2014 at the latest, a final evaluation report.

(b) by 31 July 2014 at the latest, a final evaluation report.

Or. de

Justification

The dates for submission of reports by the Commission to Parliament, the ESC and the CoR do not take enough account of deadlines in the EP’s budgetary procedure. The Commission’s deadlines for submission should therefore be changed from 30 September to 31 July.

PROCEDURE

Title

Proposal for a decision of the European Parliament and of the Council establishing an action programme for customs in the Community (Customs 2013)

References

COM(2006)0201 – C6-0158/2006 – 2006/0075(COD)

Committee responsible

IMCO

Opinion by
  Date announced in plenary

BUDG
15.6.2006

Enhanced cooperation – date announced in plenary

 

Drafts(wo)man
  Date appointed

Wojciech Roszkowski
15.6.2006

Previous drafts(wo)man

 

Discussed in committee

20.11.2006

 

 

 

 

Date adopted

20.11.2006

Result of final vote

+:

–:

0:

25

 

 

Members present for the final vote

Reimer Böge, Simon Busuttil, Gérard Deprez, Brigitte Douay, Bárbara Dührkop Dührkop, James Elles, Ingeborg Gräßle, Louis Grech, Nathalie Griesbeck, Catherine Guy-Quint, Anne E. Jensen, Alain Lamassoure, Janusz Lewandowski, Vladimír Maňka, Jan Mulder, Gérard Onesta, Giovanni Pittella, Wojciech Roszkowski, Antonis Samaras, Esko Seppänen, László Surján, Kyösti Virrankoski, Ralf Walter

Substitute(s) present for the final vote

Hans-Peter Martin, Margarita Starkevičiūtė

Substitute(s) under Rule 178(2) present for the final vote

 

Comments (available in one language only)

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  • [1]  Not yet published in OJ.

PROCEDURE

Title

Proposal for a decision of the European Parliament and of the Council establishing an action programme for customs in the Community (Customs 2013)

References

COM(2006)0201 – C6‑0158/2006 – 2006/0075(COD)

Date of Parliament's first reading

17.5.2006

Committee responsible
  Date announced in plenary

IMCO
15.6.2006

Committee(s) asked for opinion(s)
  Date announced in plenary

BUDG
15.6.2006

CONT

15.6.2006

INTA

15.6.2006

ITRE

15.6.2006

LIBE

15.6.2006

Not delivering opinion(s)

Date of decision

CONT INTA

20.6.2006 30.5.2006

ITRE LIBE

12.9.2006 20.6.2006

Rapporteur(s)
  Date appointed

Janelly Fourtou
12.6.2006

 

Previous rapporteur(s)

 

 

Simplified procedure  – date of decision

0.0.0000

Discussed in committee

10.10.2006

13.09.2006

21.11.2006

22.11.2006

 

Date adopted

22.11.2006

Result of final vote

+:

–:

0:

34

0

0

Members present for final vote

Charlotte Cederschiöld, Mia De Vits, Janelly Fourtou, Małgorzata Handzlik, Malcolm Harbour, Christopher Heaton-Harris, Anna Hedh, Edit Herczog, Anneli Jäätteenmäki, Pierre Jonckheer, Alexander Lambsdorff, Kurt Lechner, Arlene McCarthy, Manuel Medina Ortega, Zita Pleštinská, Guido Podestà, Luisa Fernanda Rudi Ubeda, Heide Rühle, Leopold Józef Rutowicz, Christel Schaldemose, Andreas Schwab, Eva-Britt Svensson, József Szájer, Marianne Thyssen, Jacques Toubon, Bernadette Vergnaud

Substitute(s) present for the final vote

André Brie, Jean-Claude Fruteau, Benoît Hamon, Konstantinos Hatzidakis, Othmar Karas, Maria Matsouka, Olle Schmidt, Anja Weisgerber

Substitute(s) under Rule 178(2) present for the final vote

Marie-Line Reynaud

Date tabled

28.11.2006

Comments (available in one language only)

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