Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting an action programme for customs in the Community (Customs 2007)
Date: 2003-02-06
Institutions: Council of the European Union, European Parliament
Subjects: EU programme, action programme, customs, customs union

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I

(Acts whose publication is obligatory)

DECISION No 253/2003/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

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

of 11 February 2003

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

(4)

(1)

(2)

(3)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

The experience gained from previous programmes in the
customs field,
in particular Customs 2002, set out in
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) (4),
there would be a strong
Community interest to continue, and even to enlarge,
this programme. The new programme should be built
on the achievements of the previous programmes. The
need for more focused and measurable objectives has
been established as a result of the previous programmes.

indicates

that

The new programme should take into account
the
Commission communication and the Council resolution
of 30 May 2001 on a strategy for the customs union (5).

(6)

in the Community customs

Customs administrations have a vital role to protect the
Community's interests, particularly its financial interests,
to provide an equivalent
level of protection to the
Community's citizens and economic operators, at any
point
territory where
customs clearance formalities are carried out, and to
contribute towards the ability of European Union busi-
ness to compete in the global marketplace.
In this
context,
the customs policy should be continuously
adapted to developments by the Customs Policy Group
to ensure that national customs administrations operate
as efficiently and effectively as would one single adminis-
tration.

(1) OJ C 126 E, 28.5.2002, p. 268.
(2) OJ C 241, 7.10.2002, p. 8.
(3) Opinion of the European Parliament of 3 September 2002 (not yet
Journal) and Council Decision of 16

published in the Official
December 2002.

(4) OJ L 33, 4.2.1997, p. 24. Decision as amended by Decision 105/

2000/EC (OJ L 13, 19.1.2000, p. 1).

(5) OJ C 171, 15.6.2001, p. 1.

It is necessary for this Decision to establish the objec-
tives for the implementation of the programme, as well
as the priorities by which it will be guided over the next
five years and supports and complements actions under-
taken by Member States in the customs field. The imple-
mentation of this programme will be coordinated and
organised in partnership between the Commission and
the Member States within the common policy developed
by the Customs Policy Group.

(5)

The Community commitment to the process of acces-
sion by candidate countries requires the provision of
practical means whereby the customs administrations of
these countries are able to undertake the full range of
tasks required under Community legislation from the
date of their accession, including the management of the
future external border.
the
programme should be open to the candidate countries.

In order to achieve this,

A range of instruments can be used in order to achieve
the objectives of this programme, including communica-
tion and information exchange systems, management
groups, project groups, benchmarking, exchanges of offi-
cials, seminars, workshops, monitoring, external actions
and training activities. In the case of vocational training,
Article 150 of the Treaty makes it clear that Community
action should fully respect
the
Member States for the content and organisation of voca-
tional training.

the responsibility of

(7)

legislation for

There is a need for customs action to give priority to
improving anti-fraud controls, minimising the cost of
economic
compliance with customs
operators and preparing for enlargement. The Commu-
nity must therefore be able, within the framework of its
own powers, to support the action of Member States'
customs administrations, and full advantage should be
taken of every possibility for administrative cooperation
that Community rules provide.

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(8)

(9)

(10)

(11)

trade,

the development of
Increasing globalisation of
new markets, and changes in the methods and speed of
the movement of goods, require customs administrations
to strengthen relations between themselves and with the
Community's business,
legal and scientific circles, and
operators engaged in foreign trade.

Indicators should be defined at an early stage in the
programme in order to ensure an efficient system for the
to
overall evaluation of
measure the effective and efficient management of the
programme,
indicators should be established for each
action.

the programme.

In order

It is essential that customs administrations continue to
make use of the potential for development of informa-
tion and communications technology to deliver more
efficient and accessible electronic services
that will
for economic operators and promote
reduce costs
European competitiveness and a more efficient single
market.

This Decision lays down, for the entire duration of the
programme, a financial
framework constituting the
prime reference, within the meaning of point 33 of the
Interinstitutional Agreement of 6 May 1999 between the
European Parliament, the Council and the Commission
the
on budgetary discipline
budgetary procedure (1),
for the budgetary authority,
during the annual budgetary procedure.

and improvement of

(12)

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 Commission (2),

HAVE ADOPTED THIS DECISION:

CHAPTER I

SCOPE AND OBJECTIVES

Article 1

Establishment of the programme

A multiannual Community action programme (Customs 2007)
hereinafter referred to as ‘the programme’, is hereby established
for the period 1 January 2003 to 31 December 2007 to
support and complement the action undertaken by Member
States to guarantee the effective functioning of the internal
market in the customs field.

(1) OJ C 172, 18.6.1999, p. 1.
(2) OJ L 184, 17.7.1999, p. 23.

Article 2

Participation in the programme

Participating countries are the Member States and those
1.
countries referred to in paragraph 2 which in fact participate in
the programme.

2.
The programme shall be open to the participation of any
country which has been recognised as a candidate country for
accession to the European Union,
in accordance with the
appropriate terms and conditions for such participation.

Article 3

Objectives

1.
In the framework of the management of the customs
union, the objectives of the programme shall be to ensure that
Member States' customs administrations:

(a) carry out coordinated action to ensure that customs activity
matches the needs of the Community's internal market
through implementing the strategy set out in the aforemen-
tioned Commission communication and Council resolution
on a strategy for the customs union;

(b) interact and perform their duties as efficiently as though
they were one administration and achieve equivalent results
at every point of the Community customs territory;

(c) meet the demands placed on them by globalisation and
increasing volumes of
towards
trade
strengthening the competitive environment of the European
Union;

and contribute

(d) provide the necessary protection of the financial interests of
the European Union and provide a secure and safe environ-
ment for its citizens;

(e) take the necessary steps to prepare for enlargement and to

support the integration of new Member States.

2.
The common approach regarding the customs policy
shall continuously be adapted to new developments in partner-
ship 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
representatives. The Commission shall keep the
Customs Policy Group regularly informed of measures relating
to the implementation of the programme.

their

Article 4

Programme priorities

For the implementation of the programme, the following prio-
rities shall be established:

(a) to reduce the cost of compliance with customs legislation
on economic operators through measures such as improved
standardisation, and to develop increasingly open and
transparent cooperation with trade;

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(b) to identify, develop and apply best working practices, espe-
cially in the areas of post-clearance audit control, risk
analysis and simplified procedures;

(f) the European customs inventory of chemical substances

(ECICS);

(g) the European binding tariff

information system (EBTI/

(c) to establish a system of the measurement of Member States'

RTCE);

performance in customs administrations;

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

(e) to improve

the

standardisation and simplification of

customs procedures, systems and controls;

(f) to improve the coordination of and cooperation between
laboratories carrying out analysis for customs purposes in
order to ensure, in particular, a uniform and unambiguous
tariff classification throughout the European Union;

(g) to support the creation of an electronic customs environ-
ment with paperless customs procedures and continuous
access from economic operators to customs via the devel-
opment of communication systems coupled with the neces-
sary legislative and administrative changes;

(h) to ensure the functioning of existing communication and
information systems and, where appropriate, to develop
and establish new systems;

(i) to undertake actions which will provide support to the
in their

the candidate countries

customs
preparation for accession;

services of

(j) to assist third countries in the modernisation of customs

services and procedures;

(k) to develop common training measures and the organisa-
tional framework for customs training that would respond
to the needs arising from programme actions.

CHAPTER II

PROGRAMME ACTIONS

Article 5

Communication and information exchange systems

The Commission and the participating countries shall
the following communication and information
together with manuals and guides, are
in so far as their operation is necessary under

1.
ensure that
exchange systems,
operational,
Community legislation:

(a) the common communications network/common systems
interface (CCN/CSI) to the extent necessary to support the
functioning of the systems set out in this paragraph;

(b) the data dissemination system (DDS);

(c) the new computerised transit system (NCTS/NSTI);

(d) the information system on the integrated tariff of

the

Community (TARIC);

(e) the information system for transfer of origin stamps and

the transmission of transit stamps (TCO/TCT);

(h) the tariff quota surveillance management system (TQS);

(i) the inward-processing relief system (IPR);

(j) the Unit values system;

(k) the Suspensions information system;

(l) other existing IT Community systems in the customs area

to ensure their continuity.

2.
The Commission, in partnership with the Member States,
may establish additional communication and information-
exchange systems as they consider necessary.

3.
The Community components of the communication and
information exchange systems shall be the hardware, software
and network connections, which must be common to all parti-
cipating countries so as to ensure the interconnection and
interoperability of the systems, whether they be installed at the
premises of the Commission or of a designated subcontractor
or at premises of participating countries or of a designated
subcontractor. The Commission shall conclude the necessary
contracts to ensure the operational nature of these compo-
nents.

4.
The non-Community components of the communication
and information exchange systems shall comprise the national
databases forming part of these systems, the network connec-
tions between the Community and non-Community compo-
nents and such software and hardware as each participating
country shall deem appropriate for the full operation of those
systems throughout its administration. The participating coun-
tries will ensure that the non-Community components are kept
operational and will assure the interoperability of these compo-
nents with the Community components.

The Commission shall coordinate,

5.
in cooperation 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 1.

Article 6

Benchmarking

Benchmarking activities may be organised involving one or
more participating countries or other third countries, particu-
larly the Community's main trading partners,
in order to
improve the performance of their customs administration in
specific areas.

this Decision,

the purposes of

‘benchmarking’ means
For
comparisons of working methods or
the use of agreed,
common indicators to measure performance which are used to
identify differences in performance, and the processes involved
in order to share experiences and learn from good practice in
order to improve efficiency and effectiveness.

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Article 7

Exchanges of officials

1.
The Commission and the participating countries shall
organise exchanges of officials from customs administrations in
support of the programme's objectives. Each exchange shall
focus on a specific aspect of customs work and shall be thor-
oughly prepared and subsequently evaluated by the officials
and authorities concerned. Exchanges may be operational or
targeted on specific priority activities.

2. Where appropriate, participating countries shall take the
necessary steps to enable exchange officials to be operational in
the host service. To this end, exchange officials shall be
authorised to carry out the formalities relating to the duties
entrusted to them. If circumstances so require, and, in parti-
cular, in order to take account of the specific requirements of
the legal system of each participating country, the competent
authorities in the participating countries may limit the said
authorisation.

3.
For the duration of the exchange, officials shall, in the
exercise of their 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 the participating countries may also
4.
organise exchanges with other third countries in support of the
objectives of this programme.

Participating countries shall provide periodic evaluations
5.
of the exchanges, including the impact on their administration,
as required by the Commission.

Article 8

Seminars, workshops and project groups

The Commission and the participating countries shall organise
seminars, workshops and conferences to be attended by partici-
pating country and Commission officials and, where appro-
priate, other experts in the field. Seminars, workshops and
conferences may also be attended by officials from other
administrations where this is appropriate to the objectives of
the activity.

The Commission,
in partnership with Member States, may
establish project groups to carry out specific tasks to be
completed within a specified time scale.

Article 9

Training activities

1.
In order to encourage structured cooperation between
national training bodies and officials responsible for customs
training in administrations, participating countries shall,
in
cooperation with the Commission:

(a) set

training

training
programmes and, where necessary, devise new programmes
to provide a common core of training for officials relating

standards,

develop

existing

to the full range of Community customs rules and proce-
dures so as to enable them to acquire the necessary
common professional skills and knowledge;

(b) where appropriate, open customs training courses provided
by each participating country for its own officials to offi-
cials from all participating countries;

(c) develop the necessary common tools for customs training
and customs training management, including the develop-
ment of an organisational framework.

2.
Participating countries shall also ensure that their officials
receive the initial and continuing training necessary to acquire
the common professional skills and knowledge in accordance
with the common training programmes and the linguistic
training necessary for those officials to attain a sufficient stan-
dard of linguistic competence.

Article 10

Monitoring actions

The Commission, in partnership with the Member States
consultation with the
the monitoring of

1.
and, where
economic operators,
specific sectors of Community customs rules and procedures.

in close
shall arrange for

appropriate,

2.
Such monitoring shall be carried out by joint teams made
up of customs officials from the Member States and the
Commission. These teams shall, on the basis of a theme-by-
theme or
regional approach, visit different points in the
Community customs territory where customs administrations
carry out their duties. At the end of these visits, they shall draw
up a report identifying and analysing the best working methods
as well as any difficulties in implementing the rules observed
and, where appropriate, including suggestions for the adapta-
tion of both Community rules and working methods in order
to improve the efficiency of customs actions as a whole. These
experts' reports shall be communicated to the Member States
and the Commission.

Article 11

External actions in the form of technical assistance and
training

1.
The Commission shall ensure the coordination of the
training and technical assistance and cooperation actions
carried out by the Community and the Member States with
third countries' administrations, to ensure the consistency of
Community actions, both external and internal.

2.
The Commission shall also ensure the implementation of
training and technical assistance and cooperation actions for
the benefit of:

(a) the candidate countries to enable them to comply with
Community customs legislation. Particular attention shall
be paid to the interconnectivity of customs information
and technology systems;

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(b) third countries to support them in the modernisation of
their customs administrations in order to improve both the
conditions for the development of legitimate trade and the
cooperation with customs administrations in the European
Union.

Article 12

Other actions

The Commission may, in partnership with the Member States,
develop and use any other actions necessary to meet the objec-
tives of the programme.

Article 13

Fixing objectives and indicators

All actions to be taken under this programme shall have
defined objectives, measurable indicators to ensure suitable
evaluation and a clear indication of the anticipated costs and
shall be constructed so that the results achieve the expected
impact of the action.

CHAPTER III

FINANCIAL PROVISIONS

Article 14

Financial framework

1.
The financial framework for the implementation of this
programme for the period 1 January 2003 to 31 December
2007 is hereby set at EUR 133 million.

The annual appropriations shall be authorised by the
2.
budgetary authority within the limits of the financial perspec-
tive.

Article 15

Expenditure

The Commission shall, in accordance with Council Regulation
(EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial
Regulation applicable to the general budget of the European
Communities (1), determine the rules relating to the payment of
expense and shall communicate them to participating coun-
tries.

3.

Participating countries shall bear expenditure as follows:

(a) all costs other than those mentioned in 2(a) relating to the
the non-Community
establishment and functioning of
components of
communication and information-
exchange systems provided for in Article 5 and the cost of
the day-to-day operation of the Community components of
those systems installed at their premises or those of a desig-
nated subcontractor;

the

(b) the difference between the

expenditure paid by the
Community in accordance with 2(b), 2(c) and 2(d), and the
actual cost of the activity;

(c) the costs relating to the initial and continuing training,
including the linguistic training, of their officials as speci-
fied in Article 9(2).

Article 16

Financial Control

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 Court of Audi-
tors. Any grants made pursuant to this Decision shall be subject
to agreement in writing in advance by the beneficiaries. That
agreement shall contain the acceptance by the beneficiaries of
an audit by the Court of Auditors into the use made of the
financing granted.

CHAPTER IV

OTHER PROVISIONS

Article 17

Implementation

1.
The expenditure necessary for the implementation of the
programme shall be divided between the Community and the
participating countries in accordance with paragraphs 2 and 3.

2.

The Community shall bear expenditure as follows:

this
The measures necessary for
programme shall be adopted in accordance with the manage-
ment procedure referred to in Article 18(2).

the implementation of

(a) the cost of

the development, purchase,

the Community components of
and

installation and
the
maintenance of
communication
systems
information
provided for in Article 5 and the cost of the day-to-day
operation of the Community components installed at the
the Commission or those of a designated
premises of
subcontractor;

exchange

countries

(b) the travel and subsistence expenses incurred by partici-
pating
activities,
exchanges of officials, seminars, workshops and project
groups, training and monitoring actions referred to in Arti-
cles 6 to 10;

to benchmarking

relating

(c) the organisational costs of seminars and workshops;

(d) the costs relating to the actions referred to in Articles 11

Article 18

Committee

The Commission shall be assisted by the Customs 2007

1.
Committee (hereinafter referred to as ‘the Committee’).

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at three months.

3.

The Committee shall adopt its Rules of Procedure.

and 12.

(1) OJ L 248, 16.9.2002, p. 1.

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Article 19

Evaluation and reports

1.
This programme shall be subject to continuous evalua-
tion, carried out by the Commission in collaboration with the
participating countries. The evaluation shall be pursued by
means of the reports referred to in paragraph 2 and by means
of specific activities and shall be based on a format, criteria and
indicators established during the first year of the programme.

2.

Participating countries shall forward to the Commission:

(a) by 30 June 2005 at the latest, an interim report on the

effectiveness and efficiency of the programme, and

(b) by 31 December 2007 at the latest, a final report on the

effectiveness and efficiency of the programme.

The Commission shall submit to the European Parliament

3.
and to the Council:

(a) by 31 December 2005 at the latest, an interim report eval-
uating the efficiency and effectiveness of the programme;

(b) by 30 June 2008 at the latest, a final report establishing the

impact achieved by the programme.

These reports
Economic and Social Committee for information.

shall also be forwarded to the European

The final report referred to in paragraph 3 shall analyse
4.
all the progress achieved in the case of each measure in the
programme and shall include an analysis of the strengths and
weaknesses of any kind of customs computerisation systems
involved in the functioning of the internal market. The report
shall set out any useful proposals for ensuring that identical
treatment is reserved for economic operators throughout the
Community customs territory and that the gathering of infor-
mation serves the proper protection of the Community's finan-
cial interests.

Article 20

Entry into force

This Decision shall enter into force on the 20th day following
that of its publication in the Official Journal of the European
Union.

It shall apply from 1 January 2003.

Article 21

Addressees

This Decision is addressed to Member States.

This Decision shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 February 2003.

For the European Parliament

The President

P. COX

For the Council

The President

P. EFTHYMIOU