Council Resolution of 5 December 2003 on creating a simple and paperless environment for customs and trade
Date: 2003-12-05
Institutions: Council of the European Union
Subjects: customs formalities, customs inspection, data protection, electronic commerce, electronic document, exchange of information, simplification of formalities, systems interconnection

16.12.2003

EN

Official Journal of the European Union

C 305/1

I

(Information)

COUNCIL

COUNCIL RESOLUTION

of 5 December 2003

on creating a simple and paperless environment for customs and trade

(2003/C 305/01)

THE COUNCIL OF THE EUROPEAN UNION,

RECOGNISING THAT

RECALLING

1. the Lisbon European Council Conclusions of March 2000
setting a new strategic goal for the European Union: to
become, within a decade,
the most competitive and
dynamic knowledge-based economy in the world capable
of sustainable economic growth with more and better jobs
and greater social cohesion;

2. the Communication from the Commission: ‘eEurope 2005:

An information society for all’;

3. the Directive of the European Parliament and of the Council
concerning the processing of personal data and the
protection of privacy in the electronic communications
sector (1);

4. the Communication from the Commission on simplifying
and improving the regulatory environment, Brussels, 5
December 2001;

5. the Council Resolution of 25 October 1996 on the simplifi-
the Community's customs

cation and rationalisation of
regulations and procedures (2);

6. the Council Resolution of 29 June 1995 on the effective
uniform application of Community law and on the penalties
applicable for breaches of Community law in the internal
market (3);

7. the Communication from the Commission concerning a
strategy for the Customs Union and the relevant Council
Resolution of 30 May 2001 (4);

1. globalisation and liberalisation of trade, a marked increase
in the volume of the latter and the growth of e-commerce
and extensive use of information technology continue to
present customs authorities with new challenges;
is
therefore necessary that customs authorities provide more
efficient and user-friendly electronic services in order to
promote European competitiveness;

it

2. customs formalities may be reduced and customs auth-
orities' control capability may be maximised through an
information technology to simplify
enhanced use of
thereby reducing costs both for
customs procedures,
economic operators and administrations;

3. the use of common computerised procedures entails and
engenders, more than any other
instrument, uniform
application of Community regulations, equivalent obli-
gations
thus
for
ensuring the smooth functioning of the single market;

economic operators,

and treatment

4. ongoing developments at

international

level require the
utmost attention to security and a uniform level of
protection throughout the European Union; to this end, a
common framework for risk analysis and risk management
should be defined allowing, where necessary,
the
application of additional national and regional criteria; risk
management should, when fully implemented, cover the
should be integrated into the
logistical chain and it
computerised procedures,
to facilitate smooth
trade flows to the advantage of legitimate trade;

in order

for

8. the Communication from the Commission on creating a
simple and paperless environment for customs and trade;

CONSIDERS THAT

(1) Directive 2002/58/EC of

the European Parliament and of

the

Council of 12 July 2002 (OJ L 201, 31.7.2002, p. 37).

(2) OJ C 332, 7.11.1996, p. 1.
(3) OJ C 188, 22.7.1995, p. 1.
(4) OJ C 171, 15.6.2001, p. 1.

1. the process of

simplification and computerisation of
procedures implies coordination with the other adminis-
trations or agencies
involved in the customs process
(single window). This will contribute to cutting costs to
economic operators and maximising the efficiency, effec-
tiveness and timeliness of related checks;

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Official Journal of the European Union

16.12.2003

2.

is necessary to establish a regulatory framework in
it
support of reformed customs procedures in a computerised
context which will guarantee, inter alia, the security of the
system and respect for personal data;

3. adapt, where necessary, their national legislation regarding
sanctions in the field of customs to the new regulatory
framework and ensure that
these sanctions be effective,
proportionate and dissuasive;

3. economic operators should play an active role in the estab-
lishment of a simple and paperless environment for customs
and trade;

the

and

Parliament

the
thrust of
SUPPORTS the principles and the general
the
Communication from the Commission to the Council,
European
Social
Committee on creating a simple and paperless environment
for customs and trade and recognises that this Communication
implements
the Council
Resolution on a strategy for the Customs Union and takes
into account the changes that have taken place at EU and at
international level;

recommended

Economic

action

and

the

by

CALLS ON MEMBER STATES TO

1. ensure interoperability of customs systems in line with rules
and standards to be agreed upon at Community level by
introducing or completing interfaces between existing and
planned national systems in order to bring about improved
cooperation based principally on electronic data exchange
between customs authorities, on the one hand, and between
customs authorities and economic operators, on the other;

2. examine, in cooperation with the Commission, a common
solution allowing certification and acceptance of electronic
signatures irrespective of the Member State in which the
economic operator is established;

TAKES NOTE OF THE COMMISSION'S INTENTION TO present its
proposals for a modification of the Community Customs Code;

CALLS ON THE COMMISSION TO

1. draw up, in close cooperation with Member States, a multi-
annual strategic plan, aiming at creating a European elec-
tronic environment, which is consistent with the operational
and legislative projects and developments scheduled or
underway in the areas of customs and indirect taxation; it
should take into account the starting point of the individual
Member States and evaluate the costs and benefits of the
actions envisaged;

2. define, on the basis of the multiannual strategic plan and
priorities identified therein, concrete actions necessary for
each project to be implemented, and evaluate their impact
on the functioning of
integrating
information from Member States on costs and benefits,
resources and responsibilities, and addressing supporting
legal
the operational
amendments,
framework and training;

the Customs Union,

the definition of

3. monitor the implementation of the multiannual strategic

plan;

4. give, to the maximum extent possible, its financial, technical
the

the implementation of

for

and logistical
objectives outlined above.

support