Decision No 624/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing an action programme for customs in the Community (Customs 2013)
Date: 2007-05-23
Institutions: Council of the European Union, European Parliament
Subjects: EU programme, accession to the European Union, customs cooperation, customs formalities, customs inspection, exchange of information

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DECISION No 624/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

establishing an action programme for customs in the Community (Customs 2013)

of 23 May 2007

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

States within the common policy developed by the
Customs Policy Group.

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

(1) A major objective for the Community over the coming
years is the creation of growth and jobs, as reflected in the
re-launch of the Lisbon Strategy. The previous programmes
in the customs field, in particular 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) (3) (hereinafter
referred to as Customs 2007), have significantly contrib-
uted to the achievement of that objective and to the overall
objectives of customs policy. It is therefore appropriate to
continue activities commenced under those programmes. A
new programme (hereinafter referred to as the Programme)
should be established for a period of six years to align its
duration with that of the multiannual financial framework
contained in the Interinstitutional Agreement of 17 May
2006 between the European Parliament, the Council and
the Commission on budgetary discipline and sound
financial management (4).

the Community, particularly its

(2) Customs administrations play a vital role in protecting the
interests of
financial
interests. They also provide an equivalent level of protection
to the citizens and economic operators of the Community
at any point in the Community customs territory where
In this
customs clearance formalities are carried out.
context, the strategic policy defined by the Customs Policy
Group has aimed at ensuring that national customs
administrations operate as efficiently and effectively and
react to any requirement arising from a changing customs
is
environment as would one single administration.
therefore important that the Programme is consistent and
supportive of
the
Customs Policy Group, comprising the Commission and
the heads of customs administrations of the Member States
or their representatives, is supported under the Programme.
The implementation of the Programme should be coordi-
nated and organised by the Commission and the Member

the overall customs policy and that

It

(1) OJ C 324, 30.12.2006, p. 78.
(2) Opinion of the European Parliament of 12 December 2006 (not yet
published in the Official Journal) and Council Decision of 16 April
2007.

(3) OJ L 36, 12.2.2003, p. 1. Decision as amended by Decision No 787/

2004/EC (OJ L 138, 30.4.2004, p. 12).

(4) OJ C 139, 14.6.2006, p. 1.

(3)

(4)

(5)

(6)

(7)

(8)

There is a need for action in the customs field to give
priority to improving controls and anti-fraud activities, to
minimising the cost of compliance with customs legislation
for economic operators, to ensuring the efficient manage-
ment of the control of goods at the external borders and to
protecting citizens of the European Union as regards the
safety and security of the international supply chain. The
Community should therefore be able, within the framework
the action of customs
of
administrations of Member States and full advantage should
be taken of every possibility for administrative cooperation
and mutual administrative assistance provided for by
Community rules.

its own powers,

to support

In order to support the accession process of candidate
countries, the customs administrations of those countries
should be given the necessary backing to be able to
undertake the full range of tasks required under Commu-
nity legislation from the date of their accession, including
the management of future external borders. Therefore, the
Programme should be open to candidate and potential
candidate countries.

to support

In order
in countries
customs
participating in the European Neighbourhood Policy, it is
appropriate to provide for the possibility, under certain
conditions, of their participation in selected activities of the
Programme.

reforms

The increasing globalisation of trade, the development of
new markets, and changes in the methods and speed of the
movement of goods, require customs administrations to
strengthen relations between themselves, as well as with
business,
legal and scientific circles, or other operators
engaged in foreign trade. The Programme should provide
the opportunity for persons representing those circles or
entities to participate in activities of the Programme, where
appropriate.

The trans-European computerised secure communication
and information exchange systems financed under Customs
2007 are essential for the operation of customs within the
Community and for the exchange of information between
customs administrations and should therefore continue to
be supported under the Programme.

The experience gained by the Community from previous
customs programmes has shown that bringing officials
from different national administrations together in profes-
sional activities using tools such as benchmarking, project

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to the achievement of

training
seminars, workshops, working visits,
groups,
activities and monitoring actions contributes to a large
extent
those
programmes. Those activities should therefore be contin-
ued, while it should be made possible to develop new tools
when required to respond even more effectively to needs
which may arise.

the objectives of

(9) Customs officials need a sufficient standard of linguistic
competence to cooperate and participate in the Programme.
It should be the responsibility of the participating countries
to provide the necessary language training for their officials.

(10) The mid-term evaluation of Customs 2007 confirmed the
need to organise the information sharing and knowledge
exchange between administrations and between adminis-
trations and the Commission in a more structured way, as
well as the consolidation of knowledge gained during
the Programme
programme events. Therefore, under
particular attention should be paid to information sharing
and knowledge management.

(11) Although the primary responsibility for achieving the
objectives of the Programme lies with the participating
countries, Community action is needed for the coordina-
tion of the activities pursued under the Programme as well
as for the provision of the infrastructure and the necessary
stimulus.

(12) Since the objectives of this Decision cannot be sufficiently
achieved by the Member States and can therefore, by reason
of the scale and the effect of the action, be better achieved
at Community level, the Community may adopt measures,
in accordance with the principle of subsidiarity as set out in
Article 5 of the Treaty. In accordance with the principle of
proportionality, as set out in that Article, this Decision does
not go beyond what is necessary in order to achieve those
objectives.

(13) This Decision establishes a financial envelope for the entire
duration of the Programme, which is to constitute the
prime reference amount for the budgetary authority, within
the meaning of Point 37 of the Interinstitutional Agree-
ment of 17 May 2006.

(14) 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
implementing powers
the exercise of
conferred on the Commission (1),

for

HAVE ADOPTED THIS DECISION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Establishment of the Programme

1. A multiannual action programme for customs in the
(hereinafter referred to as the
Community (Customs 2013)

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/

512/EC (OJ L 200, 22.7.2006, p. 11).

Programme) is hereby established for the period from 1 January
2008 to 31 December 2013 to support and complement action
undertaken by Member States
effective
functioning of the internal market in the customs field.

in ensuring the

2. The Programme shall consist of the following activities:

(a)

communication and information-exchange systems;

(b)

benchmarking;

(c)

seminars and workshops;

(d)

project groups and steering groups;

(e) working visits;

(f)

training activities;

(g) monitoring actions;

(h)

any other activities required for the realisation of
objectives of the programme.

the

Article 2

Definitions

For the purpose of this Decision the following definitions shall
apply:

1.

‘administration’ means the public authorities and other
bodies in the participating countries which are responsible
for administering customs and customs related activities;

2.

‘official’ means a member of an administration.

Article 3

Participation in the Programme

Participating countries are the Member States and the

1.
countries referred to in paragraph 2.

2. The Programme shall be open to the participation of any of
the following:

(a)

(b)

countries benefiting from a pre-accession
candidate
strategy,
in accordance with the general principles and
general terms and conditions for the participation of those
countries in Community programmes established in the
relevant Framework Agreement and Association Council
Decisions;

potential candidate countries,
in accordance with provi-
sions to be determined with those countries following the
establishment of Framework Agreements concerning their
participation in Community programmes.

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3. The Programme may also be open to the participation of
certain partner countries of the European Neighbourhood Policy
if these countries have reached a sufficient level of approximation
of the relevant legislation and administrative methods to those of
the Community, and in accordance with provisions to be
determined with those countries following the establishment of
Framework Agreements
concerning their participation in
Community programmes.

Participating countries shall be represented by officials from

4.
the relevant administration.

Article 4

Overall objectives

1. The Programme shall be designed to ensure that
following overall objectives are met:

the

(a)

(b)

ensuring that customs activities match the needs of the
internal market, including supply chain security and trade
facilitation, as well as support the strategy for growth and
jobs;

the interaction and performance of the duties of Member
States’ customs administrations as efficiently as though they
were one administration, ensuring controls with equivalent
results at every point of the Community customs territory
and the support of legitimate business activity;

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

to maintain a system for measuring the performance of
Member States’ customs administrations to improve their
efficiency and effectiveness;

to support actions to prevent irregularities, in particular
through the rapid provision of information on risks to
front line customs posts;

to ensure a uniform and unambiguous tariff classification in
the Community, in particular by improving coordination
and cooperation between laboratories;

to support
the creation of a pan-European electronic
customs environment through the development of inter-
operable communication and information exchange sys-
tems coupled with the necessary legislative and adminis-
trative changes;

to maintain existing communication and information
systems and, where appropriate, to develop new systems;

to undertake actions which will provide support to the
customs administrations of countries preparing for acces-
sion;

to contribute to the development of high quality customs
administrations in third countries;

to improve cooperation between customs administrations
in particular
of the Member States and third countries,
those of the partner countries of the European Neighbour-
hood Policy;

(c)

the necessary protection of the financial interests of the
Community;

(k)

to develop and reinforce common training.

(d)

strengthening security and safety;

(e)

preparing the countries referred to in Article 3(2)
for
accession, including by means of the sharing of experience
and knowledge with the customs administrations of those
countries.

2. The common approach regarding customs policy shall
continuously be adapted to new developments in partnership
between the Commission and the Member States in the Customs
Policy Group, comprising the Commission and the heads of
customs administrations of
their
representatives. The Commission shall keep the Customs Policy
Group regularly informed of measures relating to the imple-
mentation of the Programme.

the Member States or

Article 5

Specific objectives

The specific objectives of the Programme shall be the following:

(a)

(b)

to reduce the administrative burden and the cost of
compliance for economic operators by improving the
standardisation and simplification of customs systems and
controls, and to maintain open and transparent cooper-
ation with commercial actors;

to identify, develop and apply best working practices, in
particular in the areas of pre- and post-clearance audit
control, risk analysis, customs controls and simplified
procedures;

Article 6

Work programme

The Commission shall establish a work programme annually in
accordance with the procedure referred to in Article 20(2).

CHAPTER II

PROGRAMME ACTIVITIES

Article 7

Communication and information exchange systems

1. The Commission and the participating countries shall ensure
that
the communication and information exchange systems
referred to in paragraph 2 are operational.

2. The communication and information exchange systems shall
be the following:

(a)

the common communications network/common systems
interface (CCN/CSI);

(b)

the computerised transit system (CTS);

(c)

the combined nomenclature (CN),
integrated tariff of

in particular the data dissemination
the tariff systems,
the
system (DDS),
information system on the
the
Community (TARIC), the European binding tariff informa-
tion system (EBTI), the tariff quota and surveillance system
(TQS), the suspensions information system (Suspensions),

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the specimen management system (SMS), the information
system for processing procedures (ISPP),
the European
customs inventory of chemical substances (ECICS) and the
registered exporters system (REX);

(d)

the systems for increasing security set out in Regulation
(EC) No 648/2005 of the European Parliament and of the
Council of 13 April 2005 amending Council Regulation
(EEC) No 2913/92 establishing the Community Customs
Code (1),
including the Community risk management
system, the export control system (ECS), the import control
system (ICS) and the system for authorised economic
operators (AEO);

(e)

any new customs-related communication and information
exchange systems,
including electronic customs systems,
established under Community legislation and provided for
in the work programme referred to in Article 6.

3. The Community components of the communication and
information exchange systems shall be the hardware, software
and network connections which are common to all participating
countries. The Commission shall, on behalf of the Community,
conclude the necessary contracts to ensure the operational nature
of these components.

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
those
country deems appropriate for the full operation of
systems throughout its administration. The participating coun-
tries shall ensure that the non-Community components are kept
operational and shall ensure the interoperability of
these
components with the Community components.

5. The Commission shall coordinate, in cooperation with the
participating countries, those aspects of the establishment and
functioning of the Community and non-Community compo-
nents of the systems and infrastructure referred to in paragraph 2
which are necessary to ensure their operability, interconnectivity
and continuous
improvement. The Commission and the
participating countries shall do everything within their power
to comply with the schedules and deadlines established for that
purpose.

6. The Commission may make CCN/CSI available to other
administrations
for customs or non-customs purposes. A
financial contribution may be required to cover related costs.

Article 8

Benchmarking

Benchmarking activities in the form of comparisons of working
methods, procedures or processes, involving agreed indicators to
identify best practices, may be organised between two or more
participating countries.

(1) OJ L 117, 4.5.2005, p. 13.

Article 9

Seminars and workshops

The Commission and the participating countries shall together
organise seminars and workshops and ensure the dissemination
of the outcomes of such seminars and workshops.

Article 10

Project groups and steering groups

in cooperation with the participating
The Commission,
countries, may establish project groups with responsibility for
carrying out specific tasks to be completed within a specified
time-scale, and steering groups which shall perform activities of a
coordinating nature.

Article 11

Working visits

1.
Participating countries shall organise working visits for
officials. The working visits may not exceed one month. Each
working visit shall be targeted at a particular professional activity
and shall be sufficiently prepared and subsequently evaluated by
the officials and administrations concerned. Working visits may
be operational or targeted at specific priority activities.

2. The participating countries shall enable visiting officials to
play an effective role in the activities of the host administration.
To this end, visiting officials shall be authorised to carry out the
tasks relating to the duties entrusted to them. If circumstances so
require and, in particular, in order to take account of the specific
requirements of the legal system of each participating country,
the competent authorities of the participating countries may
restrict that authorisation.

3. During the working visit, the civil liability of the visiting
official for the performance of his/her duties shall be treated in
the same way as that of officials of the host administration.
Visiting officials shall be bound by the same rules of professional
confidentiality as officials of the host administration.

Article 12

Training activities

in cooperation with the
1. The participating countries,
Commission, shall facilitate cooperation between the national
training institutions, in particular through:

(a)

training standards,

the development of
the setting of
existing training programmes and, where appropriate, the
development of existing training modules and new modules
using e-learning to provide a common core of training for
officials relating to the full range of customs rules and
procedures so as to enable them to acquire the necessary
professional skills and knowledge;

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(b) where appropriate, the promotion of and access to training
courses
for officials of all
participating countries where such courses are provided
by a participating country for its own officials;

in the field of customs

(c) where appropriate, the provision of the necessary infra-
structure and tools for common e-learning in the field of
customs and in customs training management.

2. Where appropriate, participating countries shall
the
paragraph 1(a) in their national training programmes.

jointly developed e-learning modules

integrate
referred to in

Participating countries shall ensure that their officials receive the
initial and continuing training necessary to acquire common
professional skills and knowledge in accordance with the training
programmes. Participating countries shall promote the linguistic
training necessary for officials to ascertain a sufficient level of
linguistic competence for participation in the Programme.

Article 13

Monitoring actions

1. The Commission, in cooperation with the Member States,
shall decide which specific sectors of Community customs
legislation may be subject to monitoring.

2.
Such monitoring shall be carried out by joint teams made up
of customs officials from Member States and Commission
officials. Those 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. The teams shall analyse customs practices at national
level,
identify any difficulties in implementing the rules and,
where appropriate, make suggestions for the adaptation of
Community rules and working methods in order to improve the
efficiency of customs actions as a whole. The teams’ reports shall
be communicated to the Member States and the Commission.

Article 14

Participation in activities under the Programme

Representatives of international organisations, administrations of
third countries and economic operators and their organisations
may take part in activities organised under the Programme
wherever this is useful for the achievement of the objectives
referred to in Articles 4 and 5.

Article 15

Information sharing

The Commission,
in cooperation with the participating
countries, shall develop the sharing of information resulting
from the activities of the Programme.

CHAPTER III

FINANCIAL PROVISIONS

Article 16

Financial framework

1. The financial envelope for
the
Programme for the period from 1 January 2008 to 31 December
2013 shall be EUR 323 800 000.

the implementation of

in accordance with Point 37 of

2. Annual appropriations shall be authorised by the budgetary
authority within the limits of the multiannual financial frame-
work,
the Interinstitutional
Agreement of 17 May 2006 between the European Parliament,
the Council and the Commission on budgetary discipline and
sound financial management.

Article 17

Expenditure

1. The expenditure necessary for the implementation of the
Programme shall be borne by the Community and the
participating countries in accordance with paragraphs 2 to 5.

2. The Community shall bear the following expenditure:

(a)

(b)

the cost of
installation,
the acquisition, development,
maintenance and day-to-day operation of the Community
components of
the communication and information
exchange systems referred to in Article 7(3);

the travel and living expenses incurred by officials from the
participating countries relating to benchmarking activities,
working visits, seminars and workshops, project groups
and steering groups and training and monitoring actions;

(c)

the organisational costs of seminars and workshops;

(d)

(e)

(f)

the travel and living expenses
incurred through the
participation of external experts and participants referred
to in Article 14;

the cost of the acquisition, development, installation and
maintenance of training systems and modules in so far as
they are common to all participating countries;

the costs of any other activity referred to in Article 1(2)(h),
up to a ceiling of no more than 5 % of the overall cost of
the Programme.

3. The participating countries
expenditure:

shall bear

the

following

(a)

installation,
the acquisition, development,
the cost of
maintenance and day-to-day operation of the non-Com-
munity components of the communication and informa-
tion exchange systems referred to in Article 7(4);

(b)

the costs relating to the initial and continuing training of
their officials, and in particular their linguistic training.

4. The participating countries
cooperate with the
are used in
Commission to ensure
accordance with the principle of sound financial management.

appropriations

shall

that

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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) (hereinafter referred to as the Financial Regula-
tion), determine the rules relating to the payment of expenses
and shall communicate them to the participating countries.

5. The financial allocation for the Programme may also cover
expenses relating to preparatory, monitoring, control, audit and
evaluation activities which are required directly for the manage-
ment of the Programme and the achievement of its objectives,
and in particular studies, meetings, information and publication
actions, expenses linked to IT networks focusing on information
exchange, together with all other technical and administrative
assistance expenses that the Commission may incur for the
management of the Programme.

Article 18

Applicability of the Financial Regulation

The Financial Regulation shall be applicable to all subsidies
granted in accordance with this Decision within the meaning of
Title VI of the Financial Regulation. In particular, subsidies shall
be subject to a prior written agreement with the beneficiary as
set out in Article 108 of the Financial Regulation and on the
basis of the implementing rules adopted in accordance with it,
whereby the beneficiary declares its acceptance to have its
utilisation of the appropriations granted audited by the Court of
Auditors.

Article 19

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
Auditors. Such audits may take place unannounced.

CHAPTER IV

OTHER PROVISIONS

Article 20

Committee

Article 21

Follow-up

The Programme shall be subject to continuous joint monitoring
by the participating countries and the Commission.

Article 22

Mid-term and final evaluations

1. Mid-term and final evaluations of the Programme shall be
carried out under the responsibility of the Commission using the
reports referred to in paragraph 2 and any other relevant
information. The Programme shall be evaluated in terms of the
objectives set out in Articles 4 and 5.

The mid-term evaluation shall review the results obtained at the
half-way point of the duration of the Programme in terms of
effectiveness and efficiency, as well as the continued relevance of
the initial objectives of the Programme. It shall also assess the use
of funding and the progress of follow-up and implementation.

The final evaluation shall concentrate on the effectiveness and
efficiency of the activities of the Programme.

2. The participating countries shall submit
evaluation reports to the Commission:

the following

(a)

(b)

before 1 April 2011, a mid-term evaluation report on the
Programme's relevance, effectiveness and efficiency;

before 1 April 2014, a final evaluation report focusing on,
inter alia, the Programme's effectiveness and efficiency.

3. On the basis of the reports referred to in paragraph 2 and
any other relevant information, the Commission shall submit to
the European Parliament and the Council
the following
evaluation reports:

(a)

before 1 August 2011, a mid-term evaluation report, and a
communication on the desirability of continuing the
Programme;

(b)

before 1 August 2014, a final evaluation report.

Those reports shall be sent to the European Economic and Social
Committee and the Committee of
their
information.

the Regions

for

1. The Commission shall be assisted by the ‘Customs 2013
Committee’ (hereinafter referred 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.

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

Article 23

Repeal

Decision No 253/2003/EC shall be repealed with effect from
1 January 2008.

However, financial obligations related to actions pursued under
that Decision shall continue to be governed by that Decision
until their completion.

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Article 24

Entry into force

Article 25

Addressees

This Decision is addressed to the Member States.

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

Done at Brussels, 23 May 2007.

It shall apply from 1 January 2008.

For the European Parliament

For the Council

The President

H.-G. PÖTTERING

The President

G. GLOSER