WRITTEN QUESTION E-0951/96 by Viviane Reding (PPE) to the Commission (26 April 1996)

Subject: Problems with customs checks

What measures are planned in response to the following criticisms voiced by the Committee of the Union of Financial Officials in Europe (UFE) on 22 September 1995?

The UFE criticizes the fact that the quality of customs checks is often inadequate. Customs checks are carried out in the context of a situation characterized by a flood of information and goods, i.e. by mass transit. All this can no longer be dealt with using current monitoring methods.

In view of the continuing high incidence of forgeries, a paper-based procedure is unsatisfactory.

Very few customs examinations are carried out, the identification checks are inadequate, the stamp administration system is outdated. The simplified procedures and the transit procedure, i.e. precisely those procedures designed to cope with mass transit, constitute particularly weak points in the system.

Customs procedures are often used to cope with the high volume of traffic and cannot focus on risk areas.

Many offices also suffer from a shortage of equipment. Centralized and decentralized information processing is inadequate.'

Answer given by Mr Monti on behalf of the Commission (3 July 1996)

The Commission values the opinions and advice of the UFE, with which it has had good relations for many years. Having said that, it would like to put the criticisms voiced by the union in context.

The Community Customs Code ((Council Regulation (EEC) No 2913/92 of 12 October 1992, OJ L 302, 19.10.1992. )) and the associated implementing provisions ((Council Regulation (EEC) No 2454/93 of 2 July 1993, OJ L 253, 11.10.1993, as last amended by Council Regulation (EC) No 482/96 of 19 March 1996, OJ L 70, 20.3.1996. )) together constitute a compendium of customs legislation codified for ease of consultation. They are applied, in keeping with the principle of subsidiarity, by the fifteen national customs administrations, for which the Member States bear direct responsibility, and there is little the Commission can do to legislate in this area. In particular, issues relating to staffing and the organization of work are strictly within the purview of the individual Member States.

In order to ensure equal application of Community customs rules at the Community's external frontiers, however, the Commission does endeavour to promote measures in respect e.g. of customs controls, simplified procedures and computerization, with the aim of enabling the fifteen national administrations to operate efficiently. The proposal for a decision adopting a Community action programme on customs (Customs 2000) which the Commission presented to Parliament and the Council on 6 April last year contains a raft of such measures. ((Common Position: OJ C 37, 9.2.1996. ))

On the question of customs controls, it is materially impossible to carry out physical inspections and documentary checks on all consignments of goods. This would constitute an unwarranted obstruction to the flow of legitimate trade and place a disproportionate burden on the staff and budgets of customs administrations. In order to allow import and export transactions to be cleared properly, therefore, it has become necessary to rely increasingly on the introduction of new working methods throughout the customs territory of the Community. The Commission advocates risk analysis techniques using targeted parameters to determine in advance which consignments need to be checked in detail, and guidelines for customs officials have been devised jointly with the Member States. It is also working on audit techniques which will be applied to company accounts and practice either before customs procedures are approved or after clearance. Again, guidelines are being drafted. Using these new working methods it is possible to detect irregularities at an early stage and, by concentrating resources in high-risk areas, mount an effective response to fraud and fraud prevention. This in no way precludes the use of stamps, which in some cases (e.g. export) constitute proof that customs formalities have been carried out, as and when provided for under the Community Customs Code.

The Commission is currently reviewing the use of the simplified procedures with the aim of promoting greater access on a coordinated basis, provided companies meet the necessary criteria for approval. A monitoring operation carried out this year to evaluate these procedures has provided a picture of the way they are used in practice in different Member States.

Regarding equipment, the Commission's aim is to promote the computerization of customs procedures across the board and its strategy takes account of systems already in place in different Member States, which have been comprehensively surveyed in a collaborative study. Community/common transit procedures are due to be computerized in 1998, which should make for more effective fraud prevention. The Scent message system incorporates an early warning function which has already proved useful, particularly in connection with consignments of sensitive goods on busy routes.

Customs has a highly strategic and sensitive part to play in today's world. The authorities responsible for applying customs legislation have to strike a balance between imposing effective controls and facilitating legitimate commerce, protecting individuals and the economy while fostering the trade that provides Member States with their prosperity. As custodian of the Treaties, the Commission always welcomes the views of those involved in trade regarding the efficient management of the customs union.