Proposal for a European Parliament and Council Decision amending the Decision of 19 December 1996 adopting an action programme for customs in the Community (Customs 2000)
Date: 1998-11-11
Institutions: European Commission
Subjects: action programme, customs formalities, customs inspection, customs regulations, customs union

19.12.98

EN

Official  Journal  of  the  European  Communities

C  396/13

II

(Preparatory  Acts)

COMMISSION

Proposal  for  a  European  Parliament  and  Council  Decision  amending  the  Decision  of  19
December  1996  adopting  an  action  programme  for  customs  in  the  Community  (Customs  2000)

(98/C  396/07)

COM(1998)  644  final  -  98/0314(COD)

(Submitted  by  the  Commission  on  12  November  1998)

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL
OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  100a  thereof,

Having  regard  to  the  proposal  from  the  Commission,

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

(1)(cid:217)Whereas  Decision  No  210/97/EC  of  the  European
Parliament  and  of  the  Council  of  19  December
1996  adopting  an  action  programme  for  customs  in
the  Community  (Customs  2000)(cid:216)(˛)  established  a
common  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;

(2)(cid:217)Whereas  the  operation  of 

application 

information  exchange
systems  at  Community  level  has  demonstrated  the
usefulness  of  computerised  systems  in  ensuring  the
procedures
of 
correct 
throughout  the  customs  territory  of  the  Community
and  protecting  the  Community’s  own  resources
while  minimising 
burden;
whereas  these  systems  have  proved  to  be  essential
instruments  of  cooperation  between  the  customs
authorities  of  the  European  Union;

administrative 

customs 

the 

(3)(cid:217)Whereas  communication  and  information  exchange
systems  should  be  created  to  meet  the  future  needs
of  customs  systems  in  the  interests  of  continued
cooperation;

(4)(cid:217)Whereas  a  high 
through 

is  needed 

level  of  training,  of  equivalent
quality 
to
the  Community 
guarantee  the  success  of  this  programme;  whereas,
in  order  to  increase  the  consistency  of  Community
the
work  and  make  customs  operations 
Community  more  uniform  and  efficient,  vocational
training  for  Member  State  customs  officials  along
the  lines  of  that  instituted  under  the  Matthaeus
programme 
by  Council  Decision
91/341/EEC(cid:216)(ˇ),  should  be  developed  within  the
Customs  2000  programme;

set 

up 

in 

(5)(cid:217)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,  it  is  essential  to  have
a  unified  approach 
these
operations;

the  conduct  of 

to 

(6)(cid:217)Whereas  the  best  way  of  guaranteeing  this  unified
approach  is  to  integrate  all  measures  concerning
working  methods,  computerisation  and  the  training
of  customs  officials  within  a  single  legal  instrument,
and  finance  them  from  a  single  budget  heading;

(7)(cid:217)Whereas  the  applicant  countries  of  Central  and
Eastern  Europe,  Cyprus  and  Malta  should  be
allowed  to  take  part  in  the  programme;

(8)(cid:217)Whereas 

the  European  Union  has  proposed
allowing  Turkey  to  participate  on  a  case(cid:220)by(cid:220)case
basis  in  certain  Community  programmes,  under  the
same  conditions  as  the  associated  countries  of
Central  and  Eastern  Europe;

(˛)(cid:217)OJ  L  33,  4.2.1997,  p.  24.

(ˇ)(cid:217)OJ  L  187,  13.7.1991,  p.  41.

C  396/14

EN

Official  Journal  of  the  European  Communities

19.12.98

(9)(cid:217)Whereas,  to  enable  these  amendments  to  have  their
full  impact,  the  programme’s  implementation  period
should  be  extended  to  31  December  2002;

3.(cid:217)Article  14  becomes  Article  15  and  is  amended  as

follows:

-(cid:217)the  words 

"Decision  91/241/EEC  and’  are

deleted  from  paragraph  (1),

(10)(cid:217)Whereas,  to  assist  the  Commission  in  its  adminis(cid:220)
tration  of 
the
the  programme  and 
adoption  of  application  procedures,  a  Committee
in  parallel  to  the  partnership
should  be  set  up 
bodies  established  under  Decision  210/97/EC,

facilitate 

HAVE  ADOPTED  THIS  DECISION:

-(cid:217)paragraph  (5)  is  deleted.

4.(cid:217)A  new  Article  16  is  inserted:

"Article  16

Article  1

Decision  No  210/97/EC  is  amended  as  follows:

1.(cid:217)In  Article  1(2),  the  date  "31  December  2000’  is

replaced  by  "31  December  2002’.

2.(cid:217)A  new  Article  14  is  added.

"Article  14

Information  exchange  and  communication  systems,
manuals  and  guides

1.(cid:218)(cid:217)The  Commission  and  the  Member  States  shall
be  responsible  for  the  operability  of  such  existing
information  exchange  and  communication  systems,
manuals  and  guides  as  they  consider  necessary.  They
shall  establish  and  keep  operational 
such  new
information  exchange  and  communication  systems,
manuals  and  guides  as  they  consider  necessary.

of 

Community 

components 

2.(cid:218)(cid:217)The 
the
information  exchange  and  communication  systems
shall  be  the  hardware,  software  and  the  network
to  all
connections  which  have 
Member  States 
intercon(cid:220)
nection  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).

in  order  to  ensure  the 

to  be  common 

Exchanges  of  officials  and  seminars

1.(cid:218)(cid:217)The  Commission  and  the  Member  States  shall
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  responsibilities  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.

2.(cid:218)(cid:217)The  Commission  and  Member  States  shall
organise  seminars  to  be  attended  by  Member  State
and  Commission  officials  and,  where  appropriate,
representatives  of  the  business  and  academic  world.’

5.(cid:217)Articles  15  and  16  become  Articles  17  and  18

respectively.

6.(cid:217)The  following  new  Article  19  on  the  participation  of

applicant  countries  is  inserted:

"Article  19

Applicant  countries’  participation

components  of 

3.(cid:218)(cid:217)The  non(cid:220)Community 
the
information  exchange  and  communication  systems
shall  be  the  national  databases  forming  part  of  the
systems, 
the
Community  and  non(cid:220)Community  components  and
the  software  and  hardware  which  each  Member
State  considers  necessary  to  ensure  optimal  use  of
the  systems  throughout  the  administration.’

the  network  connections  between 

take  part 

the  programme 

in 
the  provisions  of 

The  applicant  countries  of  Central  and  Eastern
Europe  may 
in
accordance  with 
the  Europe
Agreements  concerning  the  terms  of  such  partici(cid:220)
pation,  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.’

19.12.98

EN

Official  Journal  of  the  European  Communities

C  396/15

7.(cid:217)The  following  new  Article  20  is  inserted:

"Article  20

The  committee

The  committee  shall  be  assisted  in  carrying  out  its
tasks  by  a  committee  made  up  of  Member  State
representatives  and  chaired  by  a  Commission
representative.

The  Commission  representative  shall  submit  to  the
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.

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  opinion.’

8.(cid:217)Article  17  becomes  Article  21  and  is  amended  as

follows:

1.(cid:218)(cid:217)(unchanged)

3.(cid:218)(cid:217)The  Commission  shall  submit  to  the  European
Parliament  and  to  the  Council:

-(cid:217)by  30  June  2000  at  the  latest,  an  interim  report

on  the  implementation  of  this  programme,

-(cid:217)by  30  June  2001  at  the  latest,  a  communication
on  the  desirability  of  continuing  this  programme,
if  necessary,  by  an  appropriate
accompanied, 
proposal,

-(cid:217)by  30  June  2003  at  the  latest,  a  final  report  on

the  implementation  of  this  programme.

These  reports  shall  also  be 
Economic  and  Social  Committee  for  information.’

forwarded 

to 

the

9.(cid:217)Article  18  becomes  Article  22  and  paragraph  1  is

amended  as  follows:

to  operations 

"1.(cid:218)(cid:217)Without  prejudice 
financed
under  other  Community  programmes,  the  financial
framework 
this
programme  for  the  period  1  January  1996  to  31
December  2002,  is  hereby  set  at  ECU  136  million.

implementation 

the 

for 

of 

The  annual  appropriations  shall  be  authorised  within
the  limit  of  the  financial  perspectives.’

10.(cid:217)The  Annex  is  deleted.

Article  2

"2.(cid:218)(cid:217)Member 
Commission:

States 

shall 

forward 

to 

the

-(cid:217)by  31  December  1999  at  the  latest,  an  interim

report  and

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.

-(cid:217)by  31  December  2002  at  the  latest,  a  final  report

Article  3

on  the  implementation  of  this  programme.

This  Decision  is  addressed  to  the  Member  States.