Common Position (EC) No 11/2007 of 23 July 2007 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Decision of the European Parliament and of the Council on a paperless environment for customs and trade
Date: 2007-07-23
Institutions: Council of the European Union
Subjects: customs document, customs inspection, customs regulations, electronic document, exchange of information, information system, systems interconnection

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Official Journal of the European Union

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III

(Preparatory Acts)

COUNCIL

COMMON POSITION (EC) No 11/2007

adopted by the Council on 23 July 2007

with a view to adopting Decision No …/2007/EC of the European Parliament and of the Council
of … on a paperless environment for customs and trade

(2007/C 242 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Articles 95 and 135 thereof,

establishing the European

Having regard to the proposal from the Commission,

customs clearance more efficient, reduce administrative
burdens, help to combat
fraud, organised crime and
terrorism, serve fiscal interests, protect intellectual prop-
increase the safety of goods
erty and cultural heritage,
and the security of
trade and enhance
international
health and environmental protection. For that purpose,
the provision of information and communication tech-
nologies (ICT) for customs purposes is of crucial interest.

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

(3)

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

laid down in

Whereas:

(1)

to Decision 2004/387/EC of

The Community and the Member States have committed
themselves, under the Lisbon Agenda, to increasing the
competitiveness of companies doing business in Europe.
Pursuant
the European
Parliament and of the Council of 21 April 2004 on inter-
operable delivery of pan-European e-Government services
citizens
to public
administrations, businesses
(IDABC) (3),
the Commission and the Member States
should provide efficient, effective and interoperable infor-
mation and communication systems for the exchange of
information between public administrations and Com-
munity citizens.

and

(2)

The pan-European e-Government action, as provided for
by Decision 2004/387/EC, requires measures to increase
the efficiency of the organisation of customs controls and
to make
ensure the seamless flow of data in order

(1) OJ C 318, 23.12.2006, p. 47.
(2) Opinion of the European Parliament of 12 December 2006 (not yet
published in the Official Journal), Council Common Position of 23 July
2007 and Position of the European Parliament of … (not yet published
in the Official Journal).

(3) OJ L 144, 30.4.2004, p. 65. Corrected version in OJ L 181, 18.5.2004,

p. 25.

The Council Resolution of 5 December 2003 on creating
for customs and
a simple and paperless environment
trade (4), which followed on from the Commission
Communication on a simple and paperless environment
for customs and trade, calls upon the Commission to
draw up, in close cooperation with the Member States, a
multi-annual strategic plan for creating a coherent and
interoperable electronic customs environment
the
Community. Council Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs
Code (5) requires the use of data processing techniques
for
the
electronic exchange of data between customs authorities,
with a view to basing customs controls on automated
risk-analysis systems.

declarations

summary

lodging

and

for

for

(4)

(5)

Accordingly, it is necessary to lay down the objectives to
be met in creating a paperless environment for customs
and trade, as well as the structure, means and time limits
for doing so.

The Commission should implement this Decision in close
cooperation with the Member States. It is therefore neces-
sary to specify the respective responsibilities and tasks of
the parties concerned and to make provision as to how
costs are to be shared between the Commission and the
Member States.

(4) OJ C 305, 16.12.2003, p. 1.
(5) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation

(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

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(6)

(7)

(8)

(9)

The Commission and the Member States should share
responsibility for the Community and national compo-
nents of the communication and information exchange
in accordance with the principles set out in
systems,
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) (1) and taking account of Decision
No 2235/2002/EC of the European Parliament and of
the Council of 3 December 2002 adopting a Community
programme to improve the operation of taxation systems
in
programme
the
2003-2007) (2).

internal market

(Fiscalis

To ensure compliance with this Decision and consistency
between the different systems to be developed, it is neces-
sary to establish a monitoring mechanism.

Regular reports by Member States and the Commission
should provide information on the progress of imple-
mentation of this Decision.

In order to achieve a paperless environment, there is a
need for close cooperation between the Commission,
customs authorities and economic operators. To facilitate
that cooperation,
the Customs Policy Group should
ensure the coordination of the activities necessary for the
implementation of
this Decision. Consultation with
economic operators should take place at both national
and Community level at all stages of the preparation of
those activities.

(10) Acceding countries and candidate countries should be
permitted to participate in those activities, with a view to
preparing for accession.

(11)

Since the objective of this Decision, namely the creation
of a paperless environment for customs and trade, cannot
be sufficiently achieved by the Member States and can
therefore, by reason of its scale and effects, 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 that objective.

(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
implementing powers
the exercise of
procedures for
conferred on the Commission (3).

(1) 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).

(2) OJ L 341, 17.12.2002, p. 1. Decision as last amended by Council Regu-

lation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1).

(3) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(13)

In particular, the Commission should be empowered to
extend the time limits set out in Article 4(2), (3) and (5)
of
this Decision. Since those measures are of general
scope and are designed to amend non-essential elements
of this Decision, they must be adopted in accordance
with the regulatory procedure with scrutiny provided for
in Article 5a of Decision 1999/468/EC,

HAVE ADOPTED THIS DECISION:

Article 1

Electronic customs systems

interoperable and accessible

The Commission and the Member States shall set up secure,
integrated,
customs
systems for the exchange of data contained in customs declara-
tions, documents accompanying customs declarations and certi-
ficates and the exchange of other relevant information.

electronic

The Commission and the Member States shall provide the struc-
ture and means for the operation of those electronic customs
systems.

Article 2

Objectives

The electronic customs systems referred to in Article 1

1.
shall be designed to meet the following objectives:

(a) to facilitate import and export procedures;

(b) to reduce compliance and administrative costs and to

improve clearance times;

(c) to coordinate a common approach to the control of goods;

(d) to help ensure the proper collection of all customs duties

and other charges;

(e) to ensure the rapid provision and receipt of relevant infor-

mation with regard to the international supply chain;

(f) to enable the seamless flow of data between the administra-
tions of exporting and importing countries, as well as
between customs
and economic operators,
authorities
allowing data entered in the system to be re-used.

The integration and evolution of electronic customs systems
shall be proportionate to the objectives set out in the first sub-
paragraph.

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The objectives set out in the first subparagraph of para-

2.
graph 1 shall be achieved by at least the following means:

Article 4

(a) the harmonised exchange of information on the basis of
internationally accepted data models and message formats;

Systems, services and time limits

(b) the re-engineering of customs and customs-related processes
with a view to optimising their efficiency and effectiveness,
to their simplification and to reducing the costs of customs
compliance;

1. Member States shall, in cooperation with the Commission,
make operational
the following electronic customs systems
according to the requirements and time limits set out in the
legislation in force:

(c) the offering to economic operators of a wide range of elec-
tronic customs services enabling those operators to interact
in the same way with the customs authorities of any
Member State.

3.
For the purposes of paragraph 1, the Community shall
promote the interoperability of electronic customs systems with
the customs systems of third countries or of international orga-
nisations and the accessibility of electronic customs systems to
economic operators in third countries, with a view to creating a
paperless environment at international level where provided for
under international agreements and subject to proper financial
arrangements.

Article 3

Data exchange

The electronic customs systems of the Community and
the exchange of data
the Member States and

1.
the Member States shall provide for
between the customs authorities of
between those authorities and the following:

(a) economic operators;

(b) the Commission;

interoperating with the
(a) systems for
system for
flow of
data from one customs system to another throughout the
Community;

import and export
transit and enabling the seamless

identification and registration for economic
(b) a system of
operators
interoperating with the authorised economic
operators system and enabling those economic operators to
register only once for all their interactions with customs
authorities throughout the Community, taking into account
existing Community or national systems;

(c) a system for the authorisation procedure,

including the
information and consultation process, the management of
certificates for authorised economic operators and the regis-
those certificates in a data base accessible by
tration of
customs authorities.

2. Member States shall, in cooperation with the Commission
and by … (*), establish and make operational the common
customs portals providing economic operators with the infor-
mation needed for customs transactions in all Member States.

3.
The Commission shall, in cooperation with the Member
States and by … (**), establish and make operational an inte-
grated tariff environment enabling connection to other import
and export related systems in the Commission and the Member
States.

(c) other administrations or official agencies involved in the
international movement of goods (hereinafter ‘other admin-
istrations or agencies’).

The Commission shall,

4.
in partnership with the Member
States in the Customs Policy Group and by … (***), evaluate the
common functional specifications for:

the European Parliament and of

fully
Any disclosure or communication of data shall
2.
comply with prevailing data protection provisions, in particular
Directive 95/46/EC of
the
Council of 24 October 1995 on the protection of individuals
with regard to the processing of personal data and on the free
movement of such data (1) and Regulation (EC) No 45/2001 of
the European Parliament and of the Council of 18 December
2000 on the protection of individuals with regard to the proces-
sing of personal data by the Community institutions and bodies
and on the free movement of such data (2).

(a) a framework of single access points, enabling economic
operators to use one single interface to lodge electronic
customs declarations, even if
the customs procedure is
carried out in another Member State;

(b) electronic interfaces for economic operators enabling them
to conduct all customs-related business, even if several
Member States are involved, with the customs authorities of
the Member State where they are established; and

(1) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC)

No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(2) OJ L 8, 12.1.2001, p. 1.

(*) Three years after the date of entry into force of this Decision.
(**) Five years from the date of entry into force of this Decision.
(***) Three years from the date of entry into force of this Decision.

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(c) single window services providing for the seamless flow of
data between economic operators and customs authorities,
between customs authorities and the Commission, and
between customs authorities and other administrations or
agencies, and enabling economic operators to submit all
information required for import or export clearance to
customs,
including information required by non customs-
related legislation.

5. Within three years of a positive evaluation of the common
functional specifications referred to in paragraph 4(a) and (b),
the Member States shall, in cooperation with the Commission,
endeavour to establish and make operational the framework of
single access points and the electronic interfaces.

The Member States and the Commission shall endeavour
6.
single
to establish and make operational a framework of
window services. The evaluation of the progress achieved in this
area shall be included in the reports referred to in Article 12.

The Community and the Member States shall provide for
7.
due maintenance of and the required improvements to the
systems and services referred to in this Article.

Article 5

Components and responsibilities

Electronic customs systems shall consist of Community

1.
components and national components.

2.
The Community components of
systems shall comprise in particular the following:

electronic

customs

(a) related feasibility studies and common functional and tech-

nical system specifications;

(b) common products and services,

including the necessary
common reference systems for customs and customs-related
information;

(c) services of

the Common Communications Network and
the Member

for

Common Systems Interface (CCN/CSI)
States;

(d) the coordination activities performed by the Member States
and the Commission when implementing and operating
electronic customs systems within the Community common
domain;

(e) the coordination activities performed by the Commission
when implementing and operating electronic
customs
systems within the Community external domain, excluding
services designed to meet national requirements.

The national components of electronic customs systems

3.
shall comprise in particular the following:

(a) the national functional and technical system specifications;

(c) network connections between customs authorities and
economic operators, and between customs authorities and
other administrations or agencies, within the same Member
State;

(d) any software or equipment which a Member State considers

necessary to ensure full use of the system.

Article 6

Tasks of the Commission

The Commission shall, in particular, ensure the following:

(a) the coordination of

deployment, operation and support of
components, as regards electronic customs systems;

the setting-up, conformance testing,
the Community

(b) the coordination of the systems and services provided for in
relating to

relevant projects

this Decision with other
e-Government at Community level;

(c) the completion of the tasks allocated to it under the multi-

annual strategic plan provided for in Article 8(2);

(d) the coordination of the development of Community and
national components with a view to a synchronised imple-
mentation of projects;

(e) the coordination at Community level of electronic customs
services and single window services with a view to their
promotion and implementation at national level;

(f) the coordination of training needs.

Article 7

Tasks of the Member States

The Member States

1.
following:

shall,

in particular,

ensure

the

(a) the coordination of

the setting-up, conformance testing,
deployment, operation, and support of the national compo-
nents, as regards electronic customs systems;

(b) the coordination of the systems and services provided for in
relating to

relevant projects

this Decision with other
e-Government at national level;

(c) the completion of the tasks allocated to them under the
multi-annual strategic plan provided for in Article 8(2);

(d) the regular provision to the Commission of

information
regarding the measures taken to enable their respective
authorities or economic operators to make full use of elec-
tronic customs systems;

(e) the promotion and implementation at national level of elec-

tronic customs services and single window services;

(f) the necessary training for customs officials and other

(b) the national systems, including databases;

competent officials.

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2. Member States shall estimate and communicate annually
to the Commission the human, budgetary and technical
resources needed to comply with Article 4 and with the
multi-annual strategic plan provided for in Article 8(2).

Article 10

Financial provisions

3.
If there is a risk that an action envisaged by a Member
State in relation to the setting-up or operation of electronic
customs systems might compromise the overall interoperability
or functioning of those systems, that Member State shall inform
the Commission thereof prior to taking such action.

1. Without prejudice to the costs to be borne by third coun-
tries or international organisations within the framework of
Article 2(3), costs relating to the implementation of this Deci-
sion shall be shared between the Community and the Member
States in accordance with the provisions of paragraphs 2 and 3
of this Article.

Article 8

Strategy and coordination

The Commission shall,

1.
States in the Customs Policy Group, ensure the following:

in partnership with the Member

(a) the determination of
development phases;

strategies,

required resources and

(b) the coordination of all activities

related to electronic
customs, in order to ensure that resources, including those
already used at national and Community level, are used in
the best and most efficient manner;

(c) the coordination of

legal, operational,

training and IT
development aspects, as well as the provision of information
to customs authorities and economic operators as to those
aspects;

(d) the coordination of
parties concerned;

the implementation activities of all

(e) the compliance by the parties concerned with the time

limits set out in Article 4.

The Commission shall,

2.
in partnership with the Member
States in the Customs Policy Group, draw up and keep updated
a multi-annual strategic plan allocating tasks to the Commission
and to the Member States.

Article 9

Resources

2.
The Community shall bear the costs relating to the design,
acquisition, installation, operation and maintenance of the Com-
munity components referred to in Article 5(2), in accordance
with the Customs 2007 Programme laid down in Decision
No 253/2003/EC and any successor programme thereto.

3. Member States shall bear the costs relating to the setting
up and operation of the national components referred to in
Article 5(3), including interfaces with other administrations or
agencies and economic operators.

4. Member States shall enhance their cooperation with a
view to minimising costs by developing cost sharing models
and common solutions.

Article 11

Monitoring

1.
The Commission shall take all the necessary steps to verify
that measures financed from the Community budget are being
carried out in compliance with this Decision and that the results
obtained are consistent with the objectives set out
in the
first subparagraph of Article 2(1).

The Commission shall,

2.
in partnership with the Member
States in the Customs Policy Group, regularly monitor the
progress made by each Member State and by the Commission
towards compliance with Article 4, with a view to determining
in the first subparagraph of
whether the objectives set out
Article 2(1) have been achieved and how the effectiveness of the
activities involved in the implementation of electronic customs
systems may be improved.

1.
For the purposes of establishing, operating and improving
electronic customs systems in accordance with Article 4, the
Community shall make available the human, budgetary and
technical resources required for the Community components.

Article 12

Reports

For the purposes of establishing, operating and improving
2.
electronic customs systems in accordance with Article 4, the
Member States shall make available the human, budgetary and
technical resources required for the national components.

1. Member States shall regularly report to the Commission
on their progress with each task allocated to them under the
multi-annual strategic plan referred to in Article 8(2). They shall
notify the Commission of the completion of any of those tasks.

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No later than 31 March of each year, the Member States
2.
shall submit
to the Commission an annual progress report
covering the period 1 January to 31 December of the preceding
year. Those annual reports shall be based on a format estab-
lished by the Commission in partnership with the Member
States in the Customs Policy Group.

3.
No later than 30 June of each year, the Commission shall,
on the basis of the annual reports referred to in paragraph 2,
establish a consolidated report evaluating the progress made by
Member States and the Commission in particular
towards
compliance with Article 4, and the possible need for an exten-
sion of the time limits set out in Article 4(2), (3) and (5), and
submit that report to the parties concerned and to the Customs
Policy Group for further consideration.

4.
Additionally, the consolidated report referred to in para-
graph 3 shall contain the results of any monitoring visits that
may be carried out. It shall also contain the results of any other
controls and may set out the methods and criteria for use in
any later evaluation,
in particular evaluation of the extent to
which electronic customs systems are interoperable and how
they are functioning.

Article 13

Consultation with economic operators

The Commission and the Member States shall regularly consult
economic operators at all stages of the preparation, develop-
ment and deployment of the systems and services provided for
in Article 4.

The Commission and the Member States shall each set up a
consultation mechanism bringing together a representative
selection of economic operators on a regular basis.

Article 15

Implementing measures

Extensions of the time limits set out in Article 4(2), (3) and (5)
shall be adopted in accordance with the regulatory procedure
with scrutiny referred to in Article 16(2).

Article 16

Committee

The Commission shall be assisted by the Customs Code

1.
Committee.

2. Where reference is made to this paragraph, Article 5a(1)
to (4), and Article 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

Article 17

Entry into force

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

Article 18

Addressees

This Decision is addressed to the Member States.

Article 14

Acceding or candidate countries

Done at,

The Commission shall inform the countries which have been
recognised as acceding or candidate countries of the prepara-
tion, development and deployment of the systems and services
provided for in Article 4, and shall allow them to participate
therein.

For the European Parliament

The President

…

For the Council

The President

…

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STATEMENT OF THE COUNCIL'S REASONS

I.

INTRODUCTION

The Commission submitted the above-mentioned proposal to the Council on 5 December 2005 (1).

The European Parliament delivered its Opinion at first reading on 12 December 2006, with no amend-
ments to the proposal.

The European Economic and Social Committee delivered its Opinion on 13 September 2006 (2).

Under the codecision procedure (Article 251 TEC), on 23 July 2007 the Council, having regard to
Parliament's first reading, adopted its common position on the draft Decision.

II. OBJECTIVE

The purpose of the proposed Decision is to create an instrument for the implementation of interoper-
able and accessible automated customs systems, both under the current and the future modernized
Customs Code, and for coordinated processes and services. This instrument is intended to create the
necessary commitments to implementing different customs electronic systems and the conditions for
future commitments to the ‘Single Window’ and ‘One-Stop Shop’ concepts. Its main objective is to deter-
mine what action needs to be taken and what deadlines met by all stakeholders in order to achieve the
objective of a simple and paperless environment for customs and trade by the time the Modernized
Customs Code enters into force.

III. ANALYSIS OF THE COMMON POSITION

1. General

The Council, in its common position, shares the proposal's objective, which is to establish a paperless
environment for customs and trade. Given however the technical difficulties inherent to such an
linked with a substantial allocation of resources to be committed by national
ambitious project,
administrations, the Council favours a step-by-step approach, allowing the implementation of the
electronic systems in cascading phases.

2. EP Amendments

The European Parliament did not adopt any amendments to the proposal.

3. New elements introduced by the Council

The main points of the common position which differ from the Commission's proposal are as
follows:

Recitals 12 and 13

These new Recitals, in conjunction with Articles 15 and 16 empowering the Commission to adopt
implementing measures, refer to the extension of the time limits provided for under paragraphs 2, 3
and 5 of Article 4. These measures, being of general scope and designed to amend non-essential
elements of the Decision, are to be adopted under the regulatory procedure with scrutiny, in accord-
ance with Council Decision 1999/468/EC of 28 June 1999, as amended by Decision 2006/512/EC.

Article 1 — Electronic customs systems

The drafting has been amended to clarify that the electronic exchange concerns ‘data contained in
customs declarations, documents accompanying the customs declarations, certificates and other rele-
vant information’.

(1) OJ C 49, 28.2.2006, p. 37.
(2) OJ C …

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Article 2 — Objectives

— Paragraph 1 point (c): the words ‘and the interception of dangerous and illicit goods’ have been

deleted, as this objective was already included in the terms ‘control of goods’;

— Paragraph 1 point (d): the word ‘help’ has been added to indicate that electronic systems as such
will not ensure the collection of duties, but will assist customs authorities in fulfilling this
mission. The terms ‘customs duties and other charges’ have been introduced, in line with the text
of the proposal for a Modernized Customs Code;

— Paragraph 1 point (e): the word ‘receive’ has been added to reflect the fact that the information

should circulate back and forth along the international supply chain;

— Paragraph 1 point (f): the new drafting reorganises the data flow, between the authorities of
exporting and importing countries, as well as between the customs authorities and the economic
operators;

— Paragraph 2 point (b):

the drafting has been amended to take account of customs-related

processes, in line with the objectives laid down in paragraph 1;

— Paragraph 2 point (c): the principle of subsidiarity, already mentioned in Recital 11, concerns the

whole Decision and should thus not be repeated here;

— Paragraph 3: The Council considers that the interoperability of the electronic customs systems,
not only with the customs systems of third countries, but also with those of international organi-
zations should be fostered, providing that such an objective be subject to proper financial
arrangements.

Article 3 — Data exchange

— Paragraph 1 has been re-arranged and shortened, and the terms ‘customs authorities’ have
been introduced, in line with the text of the proposal for a Modernized Customs Code. Under
point (c), data exchange has been restricted to official agencies;

— In order to take account of current Community legislation on data protection, the Council has

inserted a new paragraph 2 concerning the disclosure or communication of data.

Article 4 — Systems and services, and time-table

Article 4 has been amended to allow for cascading time-limits, an approach which the Council
considers more appropriate for the implementation of the systems and services foreseen in the
proposal.

— Paragraph 1: the common position commits Member States to make operational (and not only
establish) the electronic systems under points (a) to (c) in accordance with the requirements and
time-tables set in the legislation in force;

— Paragraph 1 point (a): the systems for import and export should interoperate with the system for
transit (already implemented). Electronic interfaces have been moved under paragraph 4 point (b);

— Paragraph 1 point (b): the system of registration for economic operators, which should also allow
their identification and interoperate with the authorised economic operators system, should take
account of existing Community or national systems, in order to avoid overlaps or undue costs;

— Paragraph 1 point (c): the insertion of this new point follows from the proposal for a Modernized
Customs Code and the role attributed therein to the authorized economic operator. Common
customs portals have been moved to paragraph 2;

— Paragraph 2: provision moved from paragraph 1 point (c): while the drafting has been re-ar-

ranged, the substance of this provision on the common customs portals is unchanged;

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— Paragraph 3: provision moved from paragraph 2 point (b): while the drafting has been re-ar-

ranged, the substance of this provision on an integrated tariff environment is unchanged;

— Paragraph 4: the Council considers that, in order to ensure that the objectives set out in the
proposal can be safely met, the Commission should, within three years after the entry into force
of this Decision and in partnership with Member States, evaluate the common functional specifi-
cations for a framework for single access points, electronic interfaces for economic operators
(previously in paragraph 1 point (a)) and single window services;

— Paragraph 5: following the positive evaluation referred to in paragraph 4, within three years,
Member States commit to endeavour to establish and make operational the framework for single
access points and the electronic interfaces for economic operators;

— Paragraph 6: Member States and the Commission commit to endeavour to establish and make
operational the framework of single window services, with progress in this area being evaluated
and reported in accordance with Article 12;

— Paragraph 7: the new drafting allows for maintenance of, in addition to improvements to, the

systems described in the above paragraphs.

Article 5 — Components and Responsibilities

The amendment to Article 5 clarifies responsibilities for Community and national components, the
list of which having been made non-exhaustive, adds feasibility studies to the Community compo-
nents and specifies the common system specifications.

Article 6 — Tasks of the Commission

— Point (a): the deployment of electronic customs systems has been added to the tasks, the list of

which having been made non-exhaustive;

— Point (c): the Council inserted this provision, in order to link the tasks to be completed by the

Commission to the multi-annual strategic plan (provided for in Article 8(2));

— Point (e): the Council considers that the co-ordination by the Commission at Community level of
electronic customs services and single window services should also foster the promotion and the
implementation of these services at national level;

— Point (f): the Council considers that the co-ordination of training needs is the responsibility of the

Commission.

Article 7 — Tasks of the Member States

— Paragraph 1 point (a): the deployment of electronic customs systems has been added to the tasks,

the list of which having been made non-exhaustive (in line with Article 6, point (a);

— Paragraph 1 point (f): training has been added to the list of tasks under the responsibility of

Member States (this provision mirrors Article 6, letter (f));

— Paragraph 2: the Council considers that Member States should communicate annually to the
Commission the resources needed to comply with Article 4 and with the multi-annual strategic
plan;

— Paragraph 3: the Council considers that Member States should inform the Commission, and not
seek its approval, prior to an action on the electronic customs systems which might compromise
their interoperability or functioning.

Article 8 — Strategy and Co-ordination

The Council has amended the title of Article 8 to reflect the importance of a proper co-ordination
and strategy in the implementation of systems and services foreseen in the proposal. In paragraph 1
point (c), the co-ordination of the information of the customs authorities and economic operators
has been added. Paragraph 1 point (e) has been aligned with the new drafting of Article 4.

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Article 10 — Financial provisions

— Paragraph 1 creates a link with Article 2(3), and the costs to be borne by third countries and

international organizations in accordance with this provision;

— Paragraph 4: the first part of this provision has been transferred to Article 7(2).

Article 12 — Reports

— Paragraph 2 has been amended, with the delivery date of the annual report being postponed to
March, giving sufficient time to Member States to prepare their reporting, and with these reports
being based on a standard format;

— In paragraph 3, the Council postpones accordingly, from March to June, the delivery date of the
consolidated annual report established by the Commission. This consolidated report should also
evaluate the progress achieved by Member States and the Commission, in particular with regard
to the implementation of systems and services set out in Article 4, and the possible need for an
extension of the time-limits laid down in this Article. The consolidated report, which should also
be submitted to the Customs Policy Group, should contain the results of any monitoring visits by
the Commission.

Article 15 — Implementing measures

In this new provision, the Council provides for the adoption by the Commission in accordance with
the regulatory procedure with scrutiny of implementing measures laying down an extension of the
time-limits provided for under paragraphs 2, 3 and 5 of Article 4.

Article 16 — Committee

This new provision provides for the committee whose task is to assist the Commission in the adop-
tion of the implementing measures referred to in Article 15.

IV. CONCLUSION

The Common Position, which has been unanimously adopted by the Council and which is supported by
the Commission, has been designed to achieve, within a realistic timeframe and taking into account the
technical and political challenges linked to it, the aim of the proposed Decision, which is to establish a
paperless environment for customs and trade and to create an instrument for the implementation of
interoperable and accessible automated customs systems and for coordinated processes and services.