Amended proposal for a European Parliament and Council Decision amending the Decision No 210/97/EC of the 19 December 1996 adopting an action programme for customs in the Community (Customs 2000)
C 247 E/28 EN Official Journal of the European Communities 31. 8. 1999 Amended proposal for a European Parliament and Council Decision amending Decision No 210/97/EC of 19 December 1996 adopting an action programme for customs in the Community (Customs 2000) (1) (1999/C 247 E/06) COM(1999) 253 final - 97/0314(COD) (Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 2 June 1999) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of Committee, the Economic and Social (Amendment 2) 1a. Whereas on 6 March 1995 the European Parliament, the Council and the Commission adopted a Joint Declaration on the incorporation of financial provisions into legis- lative acts (2); (1) Whereas Decision No 210/97/EC of the European the Council of 19 December 1996 Parliament and of in the adopting an action programme for customs common Community (Customs 2000) framework of objectives as the basis of Community action on customs matters to improve the efficiency and standardisation of customs operations within the internal market; established a budget of Customs 2000; whereas the report on the implementation of the Customs 2000 programme (COM(98) 471) states that there have been considerable delays in the computerisation of the transit system; (4) Whereas a high level of training, of equivalent quality through the Community is needed to guarantee the success of to this programme; whereas, increase the consistency of Community work and make customs operations in the Community more uniform and efficient, vocational training for Member State customs officials along the lines of the Matthaeus programme set up by Council Decision 91/341/EEC (3), should be developed within the Customs 2000 programme; instituted under in order that (5) Whereas, to coordinate Community action to assist national authorities in standardising and increasing the efficiency of their customs operations in the context of the internal market, to have a unified it approach to the conduct of these operations; is essential (6) Whereas to integrate the best way of guaranteeing this unified approach is concerning working methods, computerisation and the training of customs officials within a single legal instrument, and finance them from a single budget heading; all measures (2) Whereas the operation of information exchange systems at Community level has demonstrated the usefulness of computerised systems in ensuring the correct application of customs procedures throughout the customs territory of the Community and protecting the Community’s own resources while minimising the administrative burden; whereas these systems have proved to be essential instruments of cooperation between the customs auth- orities of the European Union; (3) Whereas communication and information exchange systems should be created to meet the future needs of customs systems in the interests of continued cooperation; (Amendment 3) 3a. Whereas around 18 million transit operations are carried out in the European Union per year; whereas the devel- opment of the transit system represents 23 % of the total (Amendment 4) 6a. Whereas such an integrated approach will guarantee not only the necessary budgetary transparency for the European Parliament, the Council and the Commission but also the transparency of European customs policy as a whole; (Amendment 6) 6b. Whereas the correct functioning of the sector and the fight against fraud are the priorities in the implemen- tation of the programme; (7) Whereas the applicant countries of central and eastern Europe, Cyprus and Malta should be allowed to take part in the programme; (8) Whereas the European Union has proposed allowing Turkey to participate on a case-by-case basis in certain Community programmes, under the same conditions as the associated countries of central and eastern Europe; (1) OJ C 396, 19. 12. 1998. (2) OJ C 102, 4. 4. 1996, p. 4. (3) OJ L 187, 13. 7. 1991, p. 41. 31. 8. 1999 EN Official Journal of the European Communities C 247 E/29 (Amendment 7) (Amendment 14) 8a. Whereas receipts from third countries are resources preal- located to the programme in question and are entered as such on the corresponding expenditure item; (9) Whereas, to enable these amendments to have their full impact, the programme’s implementation period should be extended to 31 December 2002; (10) Whereas, to assist the Commission in its administration of the programme and facilitate the adoption of application procedures, a committee should be set up in parallel to the partnership bodies established under Decision No 210/97/EC; 1d. In Article 8 the following new paragraph 2b is added: 2b. Elements to support the fight against fraud shall be integrated in all actions taken in the framework of this programme, successful hamper unless completion of the actions themselvesí. they the (Amendment 15) 1e. In Article 11 Article 3í is replaced by Article 20í. (Amendment 9) (Amendment 16) 10a. Whereas all decisions taken under procedure must be for Parliament and customs administrations transparent the committee the European 1f. In Article 12 the following new paragraph 4a is added: (Amendment 10) 10b. Whereas budgetary transparency is essential, HAVE ADOPTED THIS DECISION: prejudice to modifications the 4a. Without Financial Regulation and of the Decision on the system of own resources the Commission shall seek to establish, in partnership with the Member States, performance criteria to support the Member States’ performance in administering the collection of EC customs dutiesí the monitoring of of Decision No 210/97/EC is hereby amended as follows: 2. New Article 14: Article 1 1. In Article 1(2), the date 31 December 2000í is replaced by 31 December 2002í. Information exchange and communication systems, manuals and guides (Amendments 11 and 18) 1a. Article 3 is amended as follows: The Commission shall be responsible for the implemen- tation of the programme which shall be coordinated and organised in partnership with the Member States. í (Amendment 12) 1b. In Article 8(2) second indent the words áby 1998í are deleted. (Amendment 13) 1c. In Article 8 the following new paragraph 2a is added: The computerisation of the transit system, referred 2a. to in paragraph 2(2), must be finalised and fully oper- ational by 30 June 2003. The Commission shall inform the European Parliament immediately of any delays in the development the NCTS (new computerised transit system)í. and introduction of 1. The Commission and the Member States shall be responsible for the systems, manuals and guides as they consider necessary. They shall establish and keep oper- ational such new information exchange and communi- cation systems, manuals and guides as they consider necessary. and communication systems The Community components of the information 2. exchange the hardware, software and the network connections which have to be common to all Member States in order to ensure the interconnection and interoperability of the systems, whether they are installed in the premises of the Commission (or designated subcontractor) or of the Member States (or designated subcontractor). shall be forming part of 3. The non-Community components of the information exchange and communication systems shall be the national databases the network connections between the Community and non-Community components and the software and hardware which each Member State considers necessary to ensure optimal use of the systems throughout the administrationí. the systems, C 247 E/30 EN Official Journal of the European Communities 31. 8. 1999 3. Article 14 becomes Article 15 and is amended as follows: 7. The following new Article 20 is inserted: - the words Decision 91/341/EEC andí are deleted from The Committee paragraph 1, - paragraph 5 is deleted. 4. The following new Article 16 is inserted: Exchanges of officials and seminars 1. shall The Commission and the Member States organise exchanges of officials. Each exchange shall focus on a specific aspect of customs work and shall be thoroughly prepared and subsequently evaluated by the officials and authorities concerned. Member States shall take the measures necessary to ensure that their officials participate effectively in the work of the host authorities; to that end, the officials concerned shall be authorised to carry out tasks relating to the respons- abilities conferred on them by the host authorities in accordance with their legal systems. For the duration of the exchange, the official shall, in the exercise of his duties, bear the same civil liability as national officials of the host authorities. Officials taking part in an exchange shall be subject to the same rules on professional confidentiality as the national officials of the host country. The Commission and Member States shall organise 2. seminars to be attended by Member State and Commission officials and, where appropriate, representatives of the business and academic world. í The Commission shall be assisted in carrying out its tasks by a committee made up of Member State representatives and chaired by a Commission representative. to the The Commission representative committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chair may lay down according to the urgency of the matter, deciding by vote where appropriate. submit shall The opinion shall be entered in the minutes; each Member State shall also have the right to require that its opinion is included in the minutes. The Commission shall take full account of the Committee opinion. It shall inform the Committee of how it has taken account of its opinioní. (Amendment 19) 8. Article 17 becomes Article 21 and is amended as follows: 1. (unchanged) 2. Member States shall forward to the Commission: - by 31 December 1999 at the latest, an interim report, and - by 31 December 2002 at the latest, a final report on the implementation of this programme. 5. Articles 15 and 16 become Articles 17 and 18 respectively. 3. The Commission shall Parliament and to the Council: submit to the European (Amendment 17) 6. The following new Article 19 on the participation of applicant countries is inserted: Applicant countries’ participation The applicant countries of Central and Eastern Europe may in the programme in accordance with the take part the Europe Agreements concerning the provisions of terms of such participation, in so far as Community customs law permits. The programme shall also be open to Cyprus, to Turkey by virtue of the customs union, in so far as Community customs law permits, and to Malta. - by 30 June 2000 at the latest, an interim report on the implementation of this programme, - by 30 June 2001 at the latest, a communication on the desirability of continuing this programme, accom- panied, if necessary, by an appropriate proposal, - by 30 June 2003 at the latest, a final report on the implementation of this programme. These reports shall also be forwarded to the Economic and Social Committee for information. The annual breakdown of appropriations dedicated to the cofinancing of this programme published in Annex IV, part B, Section III to the EU budgetí. 3a. The communication and final report referred to under paragraph 3 shall analyse all the progress achieved in the case of each measure in the programme. They shall 31. 8. 1999 EN Official Journal of the European Communities C 247 E/31 be accompanied by a report analysing the strengths and weaknesses of any kind of customs computerisation systems involved in the implementation of the internal market. January 1996 to 31 December 2002, EUR 142,3 million (1). is hereby set at The annual appropriations shall be authorised within the limit of the financial perspectivesí. treatment These reports shall set out any proposals for ensuring for operators all over Community identical information to customs territory and the gathering of help ensure that the Community’s financial interests are properly protected. í 9. Article 18 becomes Article 22 and paragraph 1 is amended as follows: 10. The Annex is deleted. Article 2 Council Decision 91/341/EEC of 20 June 1991 on the adoption of a programme of Community action on the subject of the vocational training of customs officials (Matthaeus programme) shall be repealed with effect from the date of publication of this Decision. Without prejudice to operations financed under other Community programmes, the financial framework for the the period 1 implementation of this programme for Article 3 This Decision is addressed to the Member States. (1) Corrigendum COM(98) 644 final/2