Amendments adopted by the European Parliament on 15 January 2019 on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for customs control equipment (COM(2018)0474 — C8-0273/2018 — 2018/0258(COD))
Date: 2019-01-15
Institutions: Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: customs inspection, external border of the EU, fund (EU)




C_2020411EN.01023001.xml










27.11.2020   


EN


Official Journal of the European Union


C 411/230






P8_TA(2019)0001
Establishing, as part of the Integrated Border Management Fund, the instrument for financial support for customs control equipment ***I
Amendments adopted by the European Parliament on 15 January 2019 on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for customs control equipment (COM(2018)0474 — C8-0273/2018 — 2018/0258(COD)) (1)

(Ordinary legislative procedure: first reading)
(2020/C 411/30)

Amendment 1


Proposal for a regulation


Recital 1








Text proposed by the Commission




Amendment











(1)


The 2 140  customs offices (2) that are present over the external borders of the European Union need to be properly equipped to ensure the operation of the customs union. The need for adequate and equivalent customs controls is ever more pressing not only by reason of the traditional function of customs to collect revenue but also increasingly by the necessity to significantly reinforce the control of goods entering and exiting Union’s external borders in order to ensure both safety and security. However, at the same time, those controls on the movement of goods across the external borders should not impair but rather facilitate legitimate trade with third countries.












(1)


The 2 140  customs offices (2) that are present over the external borders of the European Union need to be properly equipped to ensure the 
efficient and effective
 operation of the customs union. The need for adequate and equivalent customs controls is ever more pressing not only by reason of the traditional function of customs to collect revenue but also increasingly by the necessity to significantly reinforce the control of goods entering and exiting Union’s external borders in order to ensure both safety and security. However, at the same time, those controls on the movement of goods across the external borders should not impair but rather facilitate legitimate trade with third countries
, in compliance with the safety and security conditions
.









Amendment 2


Proposal for a regulation


Recital 1 a (new)








Text proposed by the Commission




Amendment





 










(1a)






The customs union is a cornerstone of the European Union, which is one of the largest trading blocks in the world, and is essential for the proper functioning of the single market for the benefit of both businesses and citizens. In its resolution of 14 March 2018

 (2a)

, the European Parliament expressed particular concern regarding customs fraud, which has created a significant loss of income for the Union's budget. The European Parliament reiterated that a stronger and a more ambitious Europe can only be achieved if it is provided with reinforced financial means and called, therefore, for providing continuous support to existing policies, for increasing resources to the Union’ flagship programmes, and for additional responsibilities to be matched with additional financial means.











Amendment 3


Proposal for a regulation


Recital 2








Text proposed by the Commission




Amendment











(2)


There is currently an imbalance in the performance of customs control by Member States. This imbalance is due both to geographic differences between Member States and in their respective capacities and resources. The ability of Member States to react to challenges generated by the constantly evolving global business models and supply chains depend not only on the human component but also on the availability of modern and reliable customs control equipment. The provision of equivalent customs control equipment is therefore an important element in addressing the existing imbalance. It will improve equivalence in the performance of customs controls throughout Member States and thereby avoid the diversion of the flows of goods towards the weakest points.












(2)


There is currently an imbalance in the performance of customs control by Member States. This imbalance is due both to geographic differences between Member States and in their respective capacities and resources
, as well as to a lack of standardised customs controls
. The ability of Member States to react to challenges generated by the constantly evolving global business models and supply chains depend not only on the human component but also on the availability 
and proper functioning
 of modern and reliable customs control equipment
. Other challenges, such as the surge of e-commerce, the digitalisation of the controls and inspections records, resilience to cyber-attacks, sabotage, industrial espionage and misuse of data, will also increase demand for better functioning of customs procedures
. The provision of equivalent customs control equipment is therefore an important element in addressing the existing imbalance. It will improve equivalence in the performance of customs controls throughout Member States and thereby avoid the diversion of the flows of goods towards the weakest points. 
All the goods entering the customs territory of the Union should be subject to thorough controls in order to avoid ‘port-shopping’ by custom fraudsters. To ensure that the overall strength is increased as well as convergence in the performance of customs control by Member States, a clear strategy related to the weakest points is required.











Amendment 4


Proposal for a regulation


Recital 3








Text proposed by the Commission




Amendment











(3)


Member States have repeatedly expressed the need for financial support and requested an in-depth analysis of the equipment needed. In its conclusions (3) on customs funding on 23 March 2017, the Council invited the Commission to ‘evaluate the possibility of funding technical equipment needs from future Commission financial programmes and improve coordination and (…) cooperation between Customs Authorities and other law enforcement authorities for funding purposes’.












(3)




A number of
 Member States have repeatedly expressed the need for financial support and requested an in-depth analysis of the equipment needed. In its conclusions (3) on customs funding on 23 March 2017, the Council invited the Commission to ‘evaluate the possibility of funding technical equipment needs from future Commission financial programmes and improve coordination and (…) cooperation between Customs Authorities and other law enforcement authorities for funding purposes’.









Amendment 5


Proposal for a regulation


Recital 6








Text proposed by the Commission




Amendment











(6)


It is therefore opportune to establish a new Instrument for financial support for customs control equipment.












(6)


It is therefore opportune to establish a new Instrument for financial support for customs control equipment 
that should ensure the detection of practices, such as for example counterfeiting of goods and other illegal commercial practices
. 
Already existing formulas of financial support should be considered.











Amendment 6


Proposal for a regulation


Recital 7








Text proposed by the Commission




Amendment











(7)


As customs authorities of the Member States have been taking up an increasing number of responsibilities, which often extend to the field of security and take place at the external border, ensuring equivalence in carrying out border control and customs control at the external borders needs to be addressed by providing adequate Union financial support to the Member States. It is equally important to promote inter-agency cooperation at Union borders as regards controls of goods and controls of persons among the national authorities in each Member State that are responsible for border control or for other tasks carried out at the border.












(7)


As customs authorities of the Member States have been taking up an increasing number of responsibilities, which often extend to the field of security and take place at the external border, ensuring equivalence in carrying out border control and customs control at the external borders needs to be addressed by providing adequate Union financial support to the Member States. It is equally important to promote inter-agency cooperation
, while considering cybersecurity,
 at Union borders as regards controls of goods and controls of persons among the national authorities in each Member State that are responsible for border control or for other tasks carried out at the border.









Amendment 7


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(11)


This Regulation lays down a financial envelope for the Instrument, which is to constitute the prime reference amount, within the meaning of point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (6), for the European Parliament and the Council during the annual budgetary procedure.












(11)


This Regulation lays down a financial envelope for the Instrument, which is to constitute the prime reference amount, within the meaning of point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (6), for the European Parliament and the Council during the annual budgetary procedure. 
To secure budgetary discipline, the conditions as to how the grants will be prioritised should be clear, defined and based on needs that have been identified for the tasks performed by customs points.











Amendment 8


Proposal for a regulation


Recital 13 a (new)








Text proposed by the Commission




Amendment





 










(13a)






Customs control equipment financed under this Instrument should meet optimal security, including cybersecurity, safety, environmental and health standards.











Amendment 9


Proposal for a regulation


Recital 13 b (new)








Text proposed by the Commission




Amendment





 










(13b)






Data produced by customs control equipment financed under this Instrument should be accessed and processed only by duly authorised staff of the authorities, and should be adequately protected against unauthorised access or communication. Member States should be in full control of that data.











Amendment 10


Proposal for a regulation


Recital 13 c (new)








Text proposed by the Commission




Amendment





 










(13c)






Customs control equipment financed under this Instrument should contribute to providing optimal customs risk management.











Amendment 11


Proposal for a regulation


Recital 13 d (new)








Text proposed by the Commission




Amendment





 










(13d)






When replacing old customs control equipment by the means of this Instrument, Member States should be responsible for environment friendly disposal of old customs control equipment.











Amendment 12


Proposal for a regulation


Recital 15








Text proposed by the Commission




Amendment











(15)


Most customs control equipment may be equally or incidentally fit for controls of compliance with other legislation, such as provisions on border management, visa or police cooperation. The Integrated Border Management Fund has therefore been conceived as two complementary instruments with distinct but coherent scopes for the purchase of equipment. On the one hand, the instrument for border management and visa established by Regulation [2018/XXX] (10) will exclude equipment that can be used for both border management and customs control. On the other hand, the instrument for financial support for customs control equipment established by this Regulation will not only support financially equipment with customs controls as the main purpose but will also allow its use as well for additional purposes such as border controls and security. This distribution of roles will foster inter-agency cooperation as a component of the European integrated border management approach, as referred to in Article 4(e) of Regulation (EU) 2016/1624 (11), thereby enabling customs and border authorities to work together and maximising the impact of the Union budget through co-sharing and inter-operability of control equipment.












(15)


Most customs control equipment may be equally or incidentally fit for controls of compliance with other legislation, such as provisions on border management, visa or police cooperation. The Integrated Border Management Fund has therefore been conceived as two complementary instruments with distinct but coherent scopes for the purchase of equipment. On the one hand, the instrument for border management and visa established by Regulation [2018/XXX] (10) will exclude equipment that can be used for both border management and customs control. On the other hand, the instrument for financial support for customs control equipment established by this Regulation will not only support financially equipment with customs controls as the main purpose but will also allow its use as well for additional 
related
 purposes such as border controls
, safety,
 and security. This distribution of roles will foster inter-agency cooperation as a component of the European integrated border management approach, as referred to in Article 4(e) of Regulation (EU) 2016/1624 (11), thereby enabling customs and border authorities to work together and maximising the impact of the Union budget through co-sharing and inter-operability of control equipment. 
To ensure that any instrument or equipment financed by the fund is in the permanent custody of the designated customs point that owns the equipment, the act of co-sharing and interoperability between customs and border authorities should be defined as being non-systematic and non-regular.











Amendment 13


Proposal for a regulation


Recital 16








Text proposed by the Commission




Amendment











(16)


By way of derogation from the Financial Regulation, funding of an action by several Union programmes or instruments should be possible in order to allow and support, where appropriate, cooperation and interoperability across domains. However, in such cases, the contributions may not cover the same costs in accordance with the principle of prohibition of double funding established by the Financial Regulation.












(16)


By way of derogation from the Financial Regulation, funding of an action by several Union programmes or instruments should be possible in order to allow and support, where appropriate, cooperation and interoperability across domains. However, in such cases, the contributions may not cover the same costs in accordance with the principle of prohibition of double funding established by the Financial Regulation. 
If a Member State has already been awarded or has received contributions from another Union programme or support from a Union fund for the acquisition of the same equipment, that contribution or support should be listed in the application.











Amendment 14


Proposal for a regulation


Recital 16 a (new)








Text proposed by the Commission




Amendment





 










(16a)






The Commission should incentivise joint procurement and testing of customs control equipment between Member States.











Amendment 15


Proposal for a regulation


Recital 17








Text proposed by the Commission




Amendment











(17)


In view of the rapid evolution of customs priorities, threats and technologies, work programmes should not span over long periods of time. At the same time, the need to establish annual work programmes increases the administrative burden for both the Commission and Member States without it being necessary for the implementation of the Instrument. Against that backdrop, work programmes should in principle cover more than one budgetary year.












(17)


In view of the rapid evolution of customs priorities, threats and technologies, work programmes should not span over long periods of time. At the same time, the need to establish annual work programmes increases the administrative burden for both the Commission and Member States without it being necessary for the implementation of the Instrument. Against that backdrop, work programmes should in principle cover more than one budgetary year. 
Moreover, to ensure that the integrity of the Union's strategic interests are preserved, Member States are encouraged to consider carefully cybersecurity and the risks to potential exposure of sensitive data outside the Union when tendering for new customs control equipment.











Amendment 16


Proposal for a regulation


Recital 18








Text proposed by the Commission




Amendment













(18)






In order to ensure uniform conditions for the implementation of the work programme under this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) 182/2011 of the European Parliament and of the Council

 (12)

.










deleted







Amendment 17


Proposal for a regulation


Recital 19








Text proposed by the Commission




Amendment











(19)


Although central implementation is indispensable in order to achieve the specific objective of ensuring equivalent customs controls, given the technical nature of this Instrument, preparatory work is required at technical level. Therefore, implementation should be supported by assessments of needs that are dependent on national expertise and experience through the involvement of customs administrations of the Member States. Those assessments of needs should be based on a clear methodology including a minimum number of steps ensuring the collection of the required information.












(19)


Although central implementation is indispensable in order to achieve the specific objective of ensuring equivalent customs controls, given the technical nature of this Instrument, preparatory work is required at technical level. Therefore, implementation should be supported by 
individual
 assessments of needs that are dependent on national expertise and experience through the involvement of customs administrations of the Member States. Those assessments of needs should be based on a clear methodology including a minimum number of steps ensuring the collection of the required 
relevant
 information.









Amendment 18


Proposal for a regulation


Recital 20








Text proposed by the Commission




Amendment











(20)


To ensure regular monitoring and reporting, a proper framework for monitoring the results achieved by the Instrument and actions under it should be put in place. Such monitoring and reporting should be based on indicators measuring the effects of the actions under the Instrument. Reporting requirements should include 
some
 information on customs control equipment beyond a certain cost threshold.












(20)


To ensure regular monitoring and reporting, a proper framework for monitoring the results achieved by the Instrument and actions under it should be put in place. Such monitoring and reporting should be based on 
quantitative and qualitative
 indicators measuring the effects of the actions under the Instrument. 
Member States should ensure a transparent and clear procurement procedure.
 Reporting requirements should include 
detailed
 information on customs control equipment 
and procurement procedure
 beyond a certain cost threshold
, and a justification of the expenses
.









Amendment 19


Proposal for a regulation


Recital 22








Text proposed by the Commission




Amendment











(22)


In order to respond appropriately to evolving policy priorities, threats and technologies, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the customs control purposes for actions eligible under the Instrument and the list of indicators to measure the achievement of the specific objectives. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.












(22)


In order to respond appropriately to evolving policy priorities, threats and technologies, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of 
amending this Regulation in order to lay down work programmes,
 amending the customs control purposes for actions eligible under the Instrument and the list of indicators to measure the achievement of the specific objectives. It is of particular importance that the Commission carries out appropriate 
and fully transparent
 consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.









Amendment 20


Proposal for a regulation


Recital 24








Text proposed by the Commission




Amendment











(24)


Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.












(24)


Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding. 
Funding under this Instrument should respect the principles of transparency, proportionality, equal treatment and non-discrimination.











Amendment 21


Proposal for a regulation


Recital 25








Text proposed by the Commission




Amendment











(25)


The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objective of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation.












(25)


The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objective of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. 
Improving the implementation and quality of spending should constitute guiding principles for the achievement of the objectives of the Instrument while ensuring optimal use of financial resources.











Amendment 22


Proposal for a regulation


Article 3 — paragraph 1








Text proposed by the Commission




Amendment






1.   As part of the Integrated Border Management Fund, the Instrument has the general objective to support the customs union and customs authorities to protect the financial and economic interests of the Union and its Member States, to ensure security and safety within the Union and to protect the Union from 
unfair and
 illegal trade while facilitating legitimate business activity.




1.   As part of the Integrated Border Management Fund 
and with a view to the long-term aim that all customs controls in the Union are standardised
, the Instrument has the general objective to support the customs union and customs authorities to protect the financial and economic interests of the Union and its Member States 
to promote inter-agency cooperation at Union borders as regards controls of goods and persons
, to ensure security and safety within the Union and to protect the Union from illegal trade while facilitating legitimate business activity.






Amendment 23


Proposal for a regulation


Article 3 — paragraph 2








Text proposed by the Commission




Amendment






2.   The Instrument has the specific objective of contributing to adequate and equivalent customs controls through the purchase, maintenance and upgrade of relevant, state-of-the-art and reliable customs control equipment.




2.   The Instrument has the specific objective of contributing to adequate and equivalent customs controls through the 
fully transparent
 purchase, maintenance and upgrade of relevant, state-of-the-art
, secure, cyber-resilient, safe, environmental-friendly
 and reliable customs control equipment. 
An additional objective is to improve the quality of customs controls throughout Member States to avoid the diversion of goods towards weaker points in the Union.








Amendment 24


Proposal for a regulation


Article 3 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
The Instrument shall contribute to the implementation of the European Integrated Border Management by supporting interagency cooperation, co-sharing and interoperability of new equipment acquired through the Instrument.








Amendment 25


Proposal for a regulation


Article 4 — paragraph 1








Text proposed by the Commission




Amendment






1.   The financial envelope for the implementation of the Instrument for the period 2021 — 2027 shall be EUR 1 300 000 000  in current prices.




1.   The financial envelope for the implementation of the Instrument for the period 2021 — 2027 shall be EUR 
1 149 175 000  in 2018 prices (EUR
1 300 000 000  in current prices).






Amendment 26


Proposal for a regulation


Article 4 — paragraph 2








Text proposed by the Commission




Amendment






2.   The amount referred to in paragraph 1 may also cover expenses for preparation, monitoring, control, audit, evaluation and other activities for managing the Instrument and evaluating the achievement of its objectives. It may moreover cover expenses relating to the studies, meetings of experts, information and communication actions, in so far as they are related to the objectives of the Instrument, as well as expenses linked to information technology networks focusing on information processing and exchange, including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the Instrument.




2.   The amount referred to in paragraph 1 may also cover 
legitimate and verified
 expenses for preparation, monitoring, control, audit, evaluation and other activities for managing the Instrument and evaluating 
its performance and
 the achievement of its objectives. It may moreover cover 
likewise legitimate and verified
 expenses relating to the studies, meetings of experts, information and communication actions, 
exchange of data between involved Member States
 in so far as they are related to the 
specific
 objectives of the Instrument 
in support of the general objective
, as well as expenses linked to information technology networks focusing on information processing and exchange, including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the Instrument.






Amendment 27


Proposal for a regulation


Article 5 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 





1a.
   
When the action supported involves the purchase or upgrade of equipment, the Commission shall set up adequate safeguards and contingency measures to ensure that all the equipment purchased with the support of Union programmes and instruments is put to use by the relevant customs authorities in all relevant cases.








Amendment 28


Proposal for a regulation


Article 5 — paragraph 3








Text proposed by the Commission




Amendment






3.   When the action supported involves the purchase or upgrade of equipment, the Commission shall set up a coordination mechanism ensuring efficiency and interoperability between all the equipment purchased with the support of Union programmes and instruments.




3.   When the action supported involves the purchase or upgrade of equipment, the Commission shall set up a coordination mechanism ensuring efficiency and interoperability between all the equipment purchased with the support of Union programmes and instruments
, which shall allow for the consultation and participation of relevant Union agencies, in particular the European Border and Coast Guard Agency
. 
The coordination mechanism shall include the participation and consultation of the European Border and Coast Guard Agency to maximise the Union added value in the field of border management.








Amendment 29


Proposal for a regulation


Article 5 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 





3a.
   
When the action supported involves the purchase or upgrade of equipment, the Commission shall set up adequate safeguards and contingency measures to ensure that all the equipment purchased with the support of Union programmes and instruments meets agreed standards on regular maintenance.








Amendment 30


Proposal for a regulation


Article 6 — paragraph 2








Text proposed by the Commission




Amendment






2.   By way of derogation from paragraph 1, in duly justified cases, the actions may also cover the purchase, maintenance and upgrade of customs controls equipment for testing new pieces or new functionalities in operational conditions.




2.   By way of derogation from paragraph 1, in duly justified cases, the actions may also cover the 
fully transparent
 purchase, maintenance and upgrade of customs controls equipment for testing new pieces or new functionalities in operational conditions.






Amendment 31


Proposal for a regulation


Article 6 — paragraph 3








Text proposed by the Commission




Amendment






3.   The Commission is empowered to adopt delegated acts in accordance with Article 14 to amend the customs control purposes set out in point (b) of paragraph 1 as well as Annex 1 where such review is considered necessary.




3.   The Commission is empowered to adopt delegated acts in accordance with Article 14 to amend the customs control purposes set out in point (b) of paragraph 1 as well as Annex 1 where such review is considered necessary 
and in order to stay up to date with technological developments, changing patterns in smuggling of goods and with new, smart and innovative solutions for customs control purposes
.






Amendment 32


Proposal for a regulation


Article 6 — paragraph 4








Text proposed by the Commission




Amendment






4.   Customs control equipment financed under this Instrument may be used for purposes additional to customs controls, including for control of persons in support of the national border management authorities and investigation.




4.   Customs control equipment financed under this Instrument 
should primarily be used for customs controls, but
 may be used for purposes additional to customs controls, including for control of persons in support of the national border management authorities and investigation 
to comply with the Instrument's general and specific objectives set out in Article 3
.






Amendment 33


Proposal for a regulation


Article 6 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 





4a.
   
The Commission shall incentivise joint procurement and testing of customs control equipment between Member States.








Amendment 34


Proposal for a regulation


Article 8 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
Funding in excess of that ceiling may be granted in cases of joint procurement and testing of customs control equipment between Member States.








Amendment 35


Proposal for a regulation


Article 8 — paragraph 2 b (new)








Text proposed by the Commission




Amendment





 





2b.
   
The exceptional circumstances referred to in paragraph 2 may include purchasing of new customs control equipment and submitting it to the technical equipment pool of the European Border and Coast Guard. Admissibility of the customs control equipment to the technical equipment pool shall be ascertained in accordance with Article 5(3).








Amendment 36


Proposal for a regulation


Article 9 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment





The 
following
 costs 
shall not be
 eligible 
for funding under the Instrument
:




All
 the costs 
related to actions referred to in Article 6 shall be
 eligible for funding under Instrument
, with the exception of
:





Amendment 37


Proposal for a regulation


Article 9 — paragraph 1 — point a a (new)








Text proposed by the Commission




Amendment





 










(aa)






costs relating to training or the upgrading of skills necessary for the use of the equipment;











Amendment 38


Proposal for a regulation


Article 9 — paragraph 1 — point c








Text proposed by the Commission




Amendment











(c)


costs associated with electronic systems, with the exception of software directly necessary to use the customs control equipment;












(c)


costs associated with electronic systems, with the exception of software 
and software updates
 directly necessary to use the customs control equipment 
and with the exception of the electronic software and programming necessary to inter-link existing software with the customs control equipment
;









Amendment 39


Proposal for a regulation


Article 9 — paragraph 1 — point d








Text proposed by the Commission




Amendment











(d)


costs of networks, such as secured or unsecured communication channels, or subscriptions;












(d)


costs of networks, such as secured or unsecured communication channels, or subscriptions
, with the exception of networks or subscriptions directly necessary to use the customs control equipment
;









Amendment 40


Proposal for a regulation


Article 11 — paragraph 2








Text proposed by the Commission




Amendment






2.   
The work programmes shall be adopted by
 the Commission 
by means of an implementing act. That implementing act shall be adopted
 in accordance with 
the examination procedure referred to in
 Article 
15
.




2.   The Commission 
is empowered to adopt delegated acts
 in accordance with Article 
14, amending Annex 2a in order to lay down work programmes
.






Amendment 41


Proposal for a regulation


Article 11 — paragraph 3 — subparagraph 1 — introductory part








Text proposed by the Commission




Amendment





The preparation of the work programmes referred to in paragraph 1 shall be supported by an assessment of needs, which shall consist of the following 
at a minimum
:


The preparation of the work programmes referred to in paragraph 1 shall be supported by an 
individual
 assessment of needs, which shall consist of the following:





Amendment 42


Proposal for a regulation


Article 11 — paragraph 3 — subparagraph 1 — point b








Text proposed by the Commission




Amendment











(b)


an exhaustive inventory of available customs control equipment;












(b)


an exhaustive inventory of available 
and functional
 customs control equipment;









Amendment 43


Proposal for a regulation


Article 11 — paragraph 3 — subparagraph 1 — point c








Text proposed by the Commission




Amendment











(c)


a common definition of a minimum 
and an optimal
 standard of customs control equipment by reference to the category of border crossing points 
and














(c)


a common definition of a minimum 
technical
 standard of customs control equipment by reference to the category of border crossing points;









Amendment 44


Proposal for a regulation


Article 11 — paragraph 3 — subparagraph 1 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






an assessment of an optimal level of customs control equipment by reference to the category of border crossing points; and











Amendment 45


Proposal for a regulation


Article 11 — paragraph 3 — subparagraph 1 — point d








Text proposed by the Commission




Amendment











(d)


a detailed estimate of financial needs.












(d)


a detailed estimate of financial needs 
depending on the size of customs operations and the relative workload
.









Amendment 46


Proposal for a regulation


Article 12 — paragraph 1








Text proposed by the Commission




Amendment






1.   
Indicators to report on
 progress 
of the Instrument towards the achievement of the general and specific objectives set out in Article 3 are set out in Annex 2
.




1.   
In compliance with its reporting requirement pursuant to point (e)(i) of Article 38(3) of the Financial Regulation, the Commission shall present to the European Parliament and the Council information on the performance of the Programme. The Commission’s reporting on performance shall include information on both
 progress 
and shortfalls
.






Amendment 47


Proposal for a regulation


Article 12 — paragraph 2








Text proposed by the Commission




Amendment






2.   To ensure effective assessment of progress of the Instrument towards the achievement of its objectives, the Commission is empowered to adopt delegated acts in accordance with Article 14 to amend Annex 2 to review or complement the indicators where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework.




2.   
Indicators to report on the progress of the Instrument towards the achievement of the general and specific objectives in Article 3 are set out in Annex 2.
 To ensure effective assessment of progress of the Instrument towards the achievement of its objectives, the Commission is empowered to adopt delegated acts in accordance with Article 14 to amend Annex 2 to review or complement the indicators where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework 
in order to provide the European Parliament and the Council with updated qualitative as well as quantitative information on performance of the Programme
.






Amendment 48


Proposal for a regulation


Article 12 — paragraph 3








Text proposed by the Commission




Amendment






3.   The performance reporting system shall ensure that data for monitoring the implementation and results of the Instrument are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds.




3.   The performance reporting system shall ensure that data for monitoring the implementation and results of the Instrument are 
comparable and complete as well as
 collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds. 
The Commission shall provide the European Parliament and the Council with reliable information on the quality of the performance data used.








Amendment 49


Proposal for a regulation


Article 12 — paragraph 4 — point c a (new)








Text proposed by the Commission




Amendment





 










(ca)






the presence and condition five years after commissioning of items of equipment funded from the Union budget;











Amendment 50


Proposal for a regulation


Article 12 — paragraph 4 — point c b (new)








Text proposed by the Commission




Amendment





 










(cb)






information on instances of maintenance of the customs control equipment;











Amendment 51


Proposal for a regulation


Article 12 — paragraph 4 — point c c (new)








Text proposed by the Commission




Amendment





 










(cc)






information on the procurement procedure;











Amendment 52


Proposal for a regulation


Article 12 — paragraph 4 — point c d (new)








Text proposed by the Commission




Amendment





 










(cd)






justification of the expenses.











Amendment 53


Proposal for a regulation


Article 13 — paragraph 1








Text proposed by the Commission




Amendment






1.   Evaluations shall be carried out in a timely manner to 
feed into
 the decision-making process.




1.   Evaluations 
of actions funded under the Instrument and referred to in Article 6 shall assess the Instrument's results, impact and effectiveness, and
 shall be carried out in a timely manner to 
ensure their efficient use in
 the decision-making process.






Amendment 54


Proposal for a regulation


Article 13 — paragraph 2








Text proposed by the Commission




Amendment






2.   The interim evaluation of the Instrument shall be performed once there is sufficient information available about the implementation of the Instrument, but no later than 
four
 years after the start of the implementation of the Instrument.




2.   The interim evaluation of the Instrument shall be performed once there is sufficient information available about the implementation of the Instrument, but no later than 
three
 years after the start of the implementation of the Instrument.






Amendment 55


Proposal for a regulation


Article 13 — paragraph 2 — subparagraph 1 a (new)








Text proposed by the Commission




Amendment





 




The interim evaluation shall present findings necessary to make a decision about a follow-up to the Programme beyond 2027 and its objectives.







Amendment 56


Proposal for a regulation


Article 13 — paragraph 3








Text proposed by the Commission




Amendment






3.   At the end of the implementation of the Instrument, but no later than 
four
 years after the end of the period specified in Article 1, a final evaluation of the Instrument shall be carried out by the Commission.




3.   At the end of the implementation of the Instrument, but no later than 
three
 years after the end of the period specified in Article 1, a final evaluation of the Instrument shall be carried out by the Commission.






Amendment 57


Proposal for a regulation


Article 13 — paragraph 4








Text proposed by the Commission




Amendment






4.   The Commission shall communicate the conclusions of the evaluations, accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.




4.   The Commission shall communicate the conclusions of the evaluations, accompanied by its observations 
and lessons learned
, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.






Amendment 58


Proposal for a regulation


Article 13 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 





4a.
   
The Commission shall include annual partial evaluations in its report ‘Protection of the European Union's financial interests — Fight against fraud’.








Amendment 59


Proposal for a regulation


Article 14 — paragraph 2








Text proposed by the Commission




Amendment






2.   The power to adopt delegated acts referred to in Articles 6(3) and 12(2) shall be conferred on the Commission until 31 December 2028.




2.   The power to adopt delegated acts referred to in Articles 6(3)
, 11(2)
 and 12(2) shall be conferred on the Commission until 31 December 2028.






Amendment 60


Proposal for a regulation


Article 14 — paragraph 3








Text proposed by the Commission




Amendment






3.   The delegation of power referred to in Articles 6(3) and 12(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.




3.   The delegation of power referred to in Articles 6(3)
, 11(2)
 and 12(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.






Amendment 61


Proposal for a regulation


Article 14 — paragraph 6








Text proposed by the Commission




Amendment






6.   A delegated act adopted pursuant to Articles 6(3) and 12(2) shall enter into force if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.




6.   A delegated act adopted pursuant to Articles 6(3)
, 11(2)
 and 12(2) shall enter into force if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.






Amendment 62


Proposal for a regulation


Article 15








Text proposed by the Commission




Amendment







Article 15






deleted








Committee procedure




 







1.
   
The Commission shall be assisted by the ‘Customs Programme Committee’ referred to in Article 18 of Regulation (EU) [2018/XXX]

 (23)

.





 







2.
   
Where reference is made to this paragraph, Article 5 of Regulation (EU) 182/2011 shall apply.





 





 





Amendment 63


Proposal for a regulation


Article 16 — paragraph 1








Text proposed by the Commission




Amendment






1.   The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.




1.   The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public
, thereby showing the Union added value and aiding the data gathering efforts of the Commission in order to enhance budgetary transparency
.






Amendment 64


Proposal for a regulation


Article 16 — paragraph 2








Text proposed by the Commission




Amendment






2.   The Commission shall 
implement
 information 
and communication actions
 relating to the Instrument, 
and
 its actions and results
. Financial resources allocated to the Instrument shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to
 in Article 
3
.




2.   
In order to ensure transparency,
 the Commission shall 
regularly provide
 information 
to the public
 relating to the Instrument, its actions and results
, referring to, inter alia, the work programmes referred to
 in Article 
11
.






Amendment 65


Proposal for a regulation


Annex 1 — column 3 — row 1








Text proposed by the Commission




Amendment





Containers, trucks, rail wagons


Containers, trucks, rail wagons 
and vehicles







Amendment 66


Proposal for a regulation


Annex 1 — column 3 — row 3 a (new)








Text proposed by the Commission




Amendment





 




Vehicles







Amendment 67


Proposal for a regulation


Annex 1 — column 2 — row 5








Text proposed by the Commission




Amendment





X-ray backscatter portal


X-ray 
based
 backscatter portal





Amendment 68


Proposal for a regulation


Annex 2 — column 2 — row 6 a (new)








Text proposed by the Commission




Amendment





 




Millimetre wave-based security scanner







Amendment 69


Proposal for a regulation


Annex 2 — point 1 a (new)








Text proposed by the Commission




Amendment





 










1a.





Security and Safety









(a)






Degree of compliance with security standards of customs control equipment at all Border Crossing Points, including cybersecurity














(b)






Degree of compliance with safety standards of customs control equipment at all Border Crossing Points















Amendment 70


Proposal for a regulation


Annex 2 — point 1 b (new)








Text proposed by the Commission




Amendment





 










1b.





Health and Environment









(a)






Degree of compliance with health standards of customs control equipment at all Border Crossing Points














(b)






Degree of compliance with environmental standards of customs control equipment at all Border Crossing Points















Amendment 71


Proposal for a regulation


Annex 2 a (new)








Text proposed by the Commission




Amendment





 








Amendment 72


Proposal for a regulation


Annex 2 b (new)








Text proposed by the Commission




Amendment





 









(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0460/2018).

(2)  Annex of the Annual 2016 Report of the Customs Union Performance available on: https://ec.europa.eu/info/publications/annual-activity-report-2016-taxation-and-customs-union_en.

(2)  Annex of the Annual 2016 Report of the Customs Union Performance available on: https://ec.europa.eu/info/publications/annual-activity-report-2016-taxation-and-customs-union_en.

(2a)  
P8_TA(2018)0075: The next MFF: Preparing the Parliament’s position on the MFF post-2020



(3)  https://www.consilium.europa.eu/media/22301/st09581en17-vf.pdf and http://data.consilium.europa.eu/doc/document/ST-7586-2017-INIT/en/pdf.

(3)  https://www.consilium.europa.eu/media/22301/st09581en17-vf.pdf and http://data.consilium.europa.eu/doc/document/ST-7586-2017-INIT/en/pdf.

(6)  Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (OJ C 373, 20.12.2013, p. 1).

(6)  Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (OJ C 373, 20.12.2013, p. 1).

(10)  COM(2018)0473.

(11)  Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).

(10)  COM(2018)0473.

(11)  Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).

(12)  
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).



(23)  
COM(2018)0442.