Amended proposal for a Decision of the European Parliament and of the Council adopting an action programme for customs in the Community (Customs 2007) (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2002-10-17
Institutions: European Commission
Subjects: action programme, customs cooperation, customs formalities, customs union, enlargement of the Union, information system, single market, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17.10.2002
COM(2002) 575 final

2002/0029 (COD)

Amended proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

adopting an action programme for customs in the Community (Customs 2007)

(presented by the Commission
pursuant to Article 250 (2) of the EC Treaty)

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2.

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EXPLANATORY MEMORANDUM

PROCEDURE

The  current  Customs  2002  Programme1  expires  on  31  December  2002.  On  23
January  2002,  the  Commission  proposed  a  continuation  and  extension  of  this
programme. The new programme is to be known as Customs 2007.

The  European  Parliament  welcomed  the  proposal  and  proposed  a  number  of
amendments. These did not challenge the substance of the proposal and were mainly
aimed at improving the objectives, evaluation and comitology. The Report from the
Rapporteur, Mrs Fourtou was adopted by the Parliament on 3 September 2002.

The proposal was also welcomed by the Council who saw it as a natural development
of the existing programme and in support of the Commission’s Communication2 and
the Council’s Resolution3 on a strategy for the Customs Union. During discussion in
Council,  it  was  clear  that  there  was  substantial  agreement  with  the  position  of  the
Parliament.

The  Economic and Social Committee welcomed the proposal and  the  report by  Mr
Simpson (Rapporteur) was approved at the plenary session on 17 July 2002.

OBJECTIVES OF THE PROPOSAL

The  object  of  this  amended  proposal  is  to  incorporate  the  amendments  adopted  by
Parliament into the original proposal of the Commission, thereby achieving adoption
of the Decision in a single reading.

The changes introduced by the amendments can be summarised as follows:

– 

– 

– 

– 

– 

The objectives are now in a single article and have been further developed to
reflect this change.

The  specific  objectives  (Article  4  of  the  Commission  proposal)  are  now
priorities and some improvements have been made to them.

The role and functions of the Committee have been clarified in order to reflect
the respective responsibilities of the institutions. Flexibility has, however, been
retained or even improved.

A  clause  has  been  added  to  Article  6  to  allow  the  continuation  of  existing
systems.

Article 2 (referring to the candidate countries) has been simplified to adopt the
term “participating countries”.

Decision No 105/2000/EC of the European Parliament and of the Council of 17.12.1999 establishing a
programme of Community action for customs in the Community (Customs 2002 programme), OJ L 13
of 19.01.2000, p.1.
COM (2001) 51 final of 8.2.2001.
OJ C 171 of 15.6.2001, p. 1.

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– 

– 

– 

Article 15.3 (the expenses participating countries bear) has been re-ordered and
simplified.

Evaluation and reporting (Article 18) has been strengthened.

The repeal of Customs 2002 has been deleted (Article 19) to ensure that a final
report  of  Customs  2002  is  prepared  and  the  obligation  on  Member  States  in
relation to NCTS implementation is retained.

3.

The  amendments  proposed  by  Parliament  are  the  result  of  intensive  discussions
between the Commission, the Council and Parliament, during the course of which a
number  of  suggested  changes  have  been  rejected.  The  amendments  are  the  end
product  of  these  negotiations  and  are  accepted  by  all  parties.  Some  of  the
amendments  are  valuable  changes  from  the  Commission’s  point  of  view  (eg
separating objectives from priorities), some are essential (eg the possibility to extend
the  funding  for  Anti-Fraud  Information  Office  (AFIS)  for  2003,  as  requested  by
OLAF)  and  some  simply  reflect  measures  the  Commission intended  to  take  (eg  on
evaluation) but were considered important by Parliament and some Member States.
The  amendments  should  be  seen,  therefore,  as  a  balanced  package  where
unacceptable changes have been rejected.

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2002/0029 (COD)

Amended proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

adopting an action programme for customs in the Community (Customs 2007)

1.

PURPOSE OF THE PROPOSAL

The current Customs 2002 Programme4 expires on 31 December 2002. On 23 January 2002
the  Commission  proposed  a  continuation  and  extension  of  this  programme.  The  central
objective of the new programme (to be known as Customs 2007) is to ensure that Community
law is applied by  customs in such a way  as to maintain the proper functioning of the single
market in an enlarged Community.

2.

BACKGROUND

–  The Commission adopted its initial proposal [COM(2002) 26 final] on 23 January 2002.

–  Following  various 

informal 
41 amendments on first reading on 3 September 2002.

tripartite  contacts, 

the  European  Parliament  adopted

–  The Economic and Social Committee welcomed the proposal and the Simpson report was

approved at the plenary session on 17 July 2002.

3.

3.1

THE COMMISSION'S OPINION ON THE EUROPEAN PARLIAMENT'S AMENDMENTS

General assessment

The  amendments  adopted  by  the  European  Parliament  are  in  line  with  the  Commission's
proposal. The amendments to the objectives, the setting of priorities, the deletion of the repeal
of  Customs  2002  and  the  addition  of  the  clause  on  existing  applications  are  all  considered
valuable additions, the evaluation provisions have been improved and the changes to Articles
2 and 15 are useful clarifications. The Commission therefore accepts them all.

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Decision No 105/2000/EC of the European Parliament and of the Council of 17.12.1999 establishing a
programme of Community action for customs in the Community (Customs 2002 programme), OJ L 13
of 19.01.2000, p.1.

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3.2

Examination of the amendments

- Establishment of the programme [Article 1]

Parliament proposes to strengthen Article 1 so that it explicitly refers to the need to guarantee
the effective functioning of the internal market. This is in accordance with the objectives of
the programme and is acceptable to the Commission.

- Definition of countries participating in the programme [Article 2]

Parliament has simplified Article 2  and  has adopted the term “participating  countries”. This
term  is  then  applied  throughout  the  Decision.  This  is  a  helpful  clarification  which  the
Commission accepts.

- The programme’s objectives [Article 3]

In  the  Commission’s  proposal,  the  objectives  were  divided  between  “overall  objectives”
(Article 3) and “specific objectives” (Article 4). Parliament was concerned that the difference
between the two types of objectives was unclear and proposes that there is a single Article on
objectives.  It  has  therefore  expanded  the  programme’s  objectives  in  Article  3.  This  revised
formulation,  taken  together  with  changes  to  Article  4  (see  below)  is  considered  by  the
Commission  to  improve  and  clarify  the  objectives  of  the  programme  and  is  therefore
acceptable.  The  Commission  considers  that  the  consequential  amendment  to  Article  3.2  is
consistent with the revised objectives.

- The programme’s priorities [Article 4]

Following the change to Article 3, Parliament proposes that the specific objectives should be
seen  as  priorities  in  the  implementation  of  the  programme’s  objectives.  They  also  propose
some  changes,  notably  concerning  the  co-operation  and  co-ordination  between  laboratories.
Taken  together  with  the  proposed  amendments  to  Article  3,  the  changes  to  Article  4  are
acceptable to the Commission.

- Comitology Articles 4.2, 6.2, 11.1 and 13]

Parliament  was  concerned  that  Commission  proposal  gave  legislative  authority  to  the
Customs 2007 Committee by virtue of Articles 4.2, 6.2, 11.1 and 13. Deletion of Article 4.2 is
acceptable  to  the  Commission,  given  the  other  changes  to  Articles  3  and  4  (see  above).
Articles  6.2,  11.1  and  13  have  all  been  amended  to  remove  reference  to  the  Customs  2007
Committee, whilst retaining flexibility for development in accordance  with the objectives of
the programme. These changes are also acceptable to the Commission.

- Continuation of existing IT systems [Article 6]

Parliament  has  added  a  clause  to  Article  6  which  allows  the  continuation  of  existing
Community IT systems. This ensures the funding of the AFIS system until 31 December 2003
and is therefore acceptable to the Commission.

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- Expenditure by participating countries [Article 15.3]

Whilst there is no change to the intent of Article 15.3 of the Commission’s proposal relating
to  the  expenses  participating  countries  bear,  Parliament  proposes  a  re-ordering  and
simplification  of  the  paragraph.  This  improves  the  reading  and  comprehension  of  the
paragraph and is acceptable to the Commission.

- Evaluation and reporting [Article 18]

Parliament was concerned about the evaluation and reporting of the programme and wished to
see  indicators  established  in  the  first  year  of  the  progamme.  It  also  proposed  extending  the
period of evaluation in the first part of the programme, thereby giving a more representative
evaluation  and  requires  the  report  to  be  made  to  the  European  Parliament  and  the  Council,
rather  than  simply  reporting  to  the  Customs  2007  Committee.  These  changes  reflect  the
Commission’s intentions and improve the evaluation of the programme and are acceptable to
the Commission.

- Repeal of Customs 2002 [Article 19]

Parliament was concerned that the repeal of Customs 2002 would remove the obligations on
the Commission to prepare a final report of Customs 2002 and on Member States in relation
to  the  implementation  of  the  new  computerised  transit  system  (NCTS).  The  Commission
accepts these amendments.

4.

CONCLUSION

In accordance with Article 250(2) of the EC Treaty the Commission amends its proposal as
set out above.

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