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 the ‘Customs’ programme for cooperation in the field of customs (COM(2018)0442 — C8-0261/2018 — 2018/0232(COD))
Date: 2019-01-15
Institutions: Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: EU financing, EU programme, customs, customs cooperation, customs union, information system, third country




C_2020411EN.01026501.xml










27.11.2020   


EN


Official Journal of the European Union


C 411/265






P8_TA(2019)0008
Establishing the ‘Customs’ programme for cooperation in the field of customs ***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 the ‘Customs’ programme for cooperation in the field of customs (COM(2018)0442 — C8-0261/2018 — 2018/0232(COD)) (1)

(Ordinary legislative procedure: first reading)
(2020/C 411/35)

Amendment 1


Proposal for a regulation


Recital 1








Text proposed by the Commission




Amendment











(1)


The Customs 2020 programme 
set up under
 Regulation (EU) No 1294/2013 (18) and its predecessors have significantly 
contributed
 to facilitating and 
enhancing
 customs cooperation. Many of the activities 
in the customs area
 are of a cross-border nature, involving and affecting all Member States, and therefore 
they
 cannot be effectively and efficiently 
delivered by individual
 Member 
States. A
 customs programme 
at Union level,
 implemented by the Commission
, offers
 Member States a 
Union
 framework to develop 
those cooperation
 activities, which is more 
cost-efficient
 than if each Member State 
were to
 set up individual cooperation 
frameworks on a
 bilateral or multilateral 
basis
. It is therefore appropriate to ensure the continuity of 
Union
 financing 
of
 activities in the field of customs cooperation by establishing a new programme in the same 
area
, the Customs programme.












(1)


The Customs 2020 programme
, established by
 Regulation (EU) No 1294/2013 (18) and its predecessors have 
contributed
 significantly to facilitating and 
strengthening
 customs cooperation. Many of the 
customs
 activities are of a cross-border nature, involving and affecting all Member States and therefore cannot be effectively and efficiently 
implemented by each
 Member 
State alone. A Union-wide
 customs programme implemented by the Commission 
provides
 Member States 
with
 a framework 
at Union level
 to develop 
such cooperative
 activities, which is more 
cost-effective
 than if each Member State set up 
an
 individual cooperation 
framework at
 bilateral or multilateral 
level. The customs programme also plays an essential role in safeguarding the financial interests of the Union and of the Member States by ensuring the effective collection of customs duties and thus representing an important source of revenue for the Union and national budgets, also by focusing on IT capacity building and increased cooperation in the field of customs. Furthermore, harmonised and standardised controls are necessary in order to track illegal cross-border flows of goods and fight fraud
. It is therefore appropriate 
and in the interest of efficiency
 to ensure the continuity of 
the Union's
 financing activities in the field of customs cooperation by establishing a new programme in the same 
field
, the ‘Customs’ programme (‘the Programme’).









Amendment 2


Proposal for a regulation


Recital 1 a (new)








Text proposed by the Commission




Amendment





 










(1a)






For 50 years, the customs union, implemented by national customs authorities, has been a cornerstone of the Union, one of the largest trading blocks in the world. The customs union is a significant example of successful Union integration, and is essential for the proper functioning of the single market for the benefit of both businesses and citizens. The European Parliament, in its resolution adopted on 14 March 2018, entitled ‘The next MFF: Preparing the Parliament’s position on the MFF post-2020’, expressed particular concern regarding customs fraud. A stronger and a more ambitious Union can only be achieved if it is provided with reinforced financial means, continuous support for existing policies, and increased resources.











Amendment 3


Proposal for a regulation


Recital 2








Text proposed by the Commission




Amendment











(2)


The customs union has evolved considerably over the last 
fifty
 years and customs administrations now successfully 
perform
 a wide 
variety of
 tasks 
at borders
. 
Acting
 together, they work to facilitate trade and reduce 
red tape
, collect 
revenues
 for national and Union budgets and protect the 
public
 against terrorist, health, environmental 
and
 other threats. In particular, 
with the introduction of an EU-wide
 Common 
Risk Management Framework

 (19)

and
 customs 
control of movements of
 large amounts of cash to combat money laundering and terrorist financing, customs 
assume a front line position
 in the fight against terrorism 
and
 organised crime. Given 
that broad
 mandate, customs 
is now effectively the lead authority
 for the control of goods at the Union’s external borders. 
Against that backdrop
, the Customs programme should not only cover customs cooperation but 
extend its
 support 
to the mission of
 customs 
authorities at large, as set out
 in Article 3 of Regulation (EU) No 952/2013, 
i.e. the supervision
 of the Union's international trade, the implementation of the external aspects of the internal market, 
of
 the common trade policy and 
of the
 other common 
Union
 policies having 
a
 bearing on trade
, as well as
 the security of the supply chain. The legal basis 
will
 therefore cover customs cooperation (Article 33 TFEU), internal market (Article 114 TFEU) and commercial policy (Article 207 TFEU).












(2)


The customs union has evolved considerably over the last 
50
 years, and customs administrations 
are
 now successfully 
fulfilling
 a wide 
range of border
 tasks. 
Working
 together, they 
strive
 to facilitate 
ethical and fair
 trade and reduce 
bureaucracy
, collect 
revenue
 for national and Union budgets, and 
help to
 protect the 
population
 against terrorist, health a
nd
 environmental 
threats, as well as
 other threats. In particular, 
by introducing a
 common 
framework

 (19)

for
 customs 
risk management at Union level and by controlling
 large amounts of cash 
flows
 to combat money laundering and terrorist financing, 
the
 customs 
authorities take a leading role
 in the fight against terrorism, organised crime 
and unfair competition.
 Given 
their extensive
 mandate, 
the
 customs 
authorities are now in reality the main authorities
 for the control of goods at the Union's external borders. 
In this context
, the Customs programme should not only cover customs cooperation but 
also provide
 support 
for the wider
 customs 
mission as provided for
 in Article 3 of Regulation (EU) No 952/2013, 
namely the supervision
 of the Union's international trade, the implementation of the external aspects of the internal market, the common 
commercial
 policy and other 
Union
 common policies having 
an influence on
 trade 
and
 the security of the supply chain. The legal basis 
of this Regulation should
 therefore cover customs cooperation (Article 33 TFEU), 
the
 internal market (Article 114 TFEU) and commercial policy (Article 207 TFEU).









Amendment 4


Proposal for a regulation


Recital 3








Text proposed by the Commission




Amendment











(3)




In
 providing a framework for actions that 
has as objective
 to support the customs union and customs authorities
, the Programme should
 contribute to protecting the financial and economic interests of the Union and its Member States; 
protecting
 the Union from unfair and 
illegal trade
 while 
supporting
 legitimate business 
activity; ensuring
 the security and safety of the Union and its residents; and 
facilitating
 legitimate trade, so that businesses and citizens can benefit from the full potential of the internal market and 
of global
 trade.












(3)




The Programme should, as a general objective, assist the Member States and the Commission by
 providing a framework for actions that 
aims
 to support the customs union and customs authorities 
with the long-term objective that all customs administrations in the Union work together as closely as possible;
 contribute to protecting the financial and economic interests of the Union and its Member States; 
protect
 the Union from unfair and 
unlawful commercial practices,
 while 
encouraging
 legitimate business 
activities, guaranteeing
 the security and safety of the Union and its residents
, thereby enhancing consumer protection
; and 
facilitate
 legitimate trade so that businesses and citizens can benefit from the full potential of the internal market and 
world
 trade.









Amendment 5


Proposal for a regulation


Recital 3 a (new)








Text proposed by the Commission




Amendment





 










(3a)






As it has become evident that some of the systems referred to in Article 278 of the Union Customs Code can only be partially deployed by 31 December 2020, which implies that non-electronic systems will continue in use beyond that date, and in the absence of legislative amendments that extend that deadline, companies and customs authorities will be unable to perform their duties and legal obligations as regards customs operations, one of the primary specific objectives of the Programme should be to assist the Member States and the Commission to set up such electronic systems.











Amendment 6


Proposal for a regulation


Recital 3 b (new)








Text proposed by the Commission




Amendment





 










(3b)






Customs management and control is a dynamic policy area, facing new challenges generated by constantly evolving global business models and supply chains, as well as changing consumption patterns and digitalisation, such as e-commerce, including the internet of things, data analytics, artificial intelligence and block chain technology. The Programme should support customs management in such situations and enable the use of innovative solutions. Such challenges further underline the need to enforce cooperation between customs authorities and the need for a uniform interpretation and implementation of the customs legislation. When public finances are under pressure, the volume of world trade increases and fraud and smuggling are a growing concern; the Programme should contribute to tackling those challenges.











Amendment 7


Proposal for a regulation


Recital 3 c (new)








Text proposed by the Commission




Amendment





 










(3c)






In order to ensure maximum efficiency and to avoid overlaps, the Commission should coordinate the implementation of the Programme with related Union programmes and funds. This includes in particular the Fiscalis Programme, the EU anti-fraud Programme and Single Market Programme, as well as with the Internal Security Fund and Integrated Border Management Fund, the Reform Support Programme, the Digital Europe Programme, the Connecting Europe Facility and the Council Decision on the system of Own Resources of the European Union, as well as the implementing regulations and measures.











Amendment 8


Proposal for a regulation


Recital 3 d (new)








Text proposed by the Commission




Amendment





 










(3d)






With regard to the potential withdrawal of the United Kingdom from the Union, the financial envelope of the Programme does not take into account the costs resulting from the signing of the withdrawal agreement and the potential future relationship between the United Kingdom and the Union. The signing of that agreement, the disengagement of the United Kingdom from all existing customs systems and cooperation, and the lapsing of its legal obligations in this area, could lead to additional costs, which cannot be precisely estimated at the time of establishment of the Programme. The Commission should therefore consider reserving sufficient resources to prepare for those potential costs. However, those costs should not be covered by the envelope of the Programme, as the budget provided for in the Programme will only be sufficient to cover the costs which could realistically be foreseen at the time of establishment of the Programme.











Amendment 9


Proposal for a regulation


Recital 5








Text proposed by the Commission




Amendment











(5)


In order to support the process of accession and association 
by
 third countries, the Programme should be open to the participation of acceding and candidate countries as well as potential candidates and partner countries of the European Neighbourhood Policy if 
certain
 conditions are 
fulfilled
. It may also be open to other third countries
, in accordance with
 the conditions 
laid down
 in specific agreements between the Union and 
those
 countries 
covering
 their participation 
to
 any Union programme.












(5)


In order to support the process of accession and association 
of
 third countries, the Programme should be open to the participation of acceding and candidate countries as well as potential candidates and partner countries of the European Neighbourhood Policy, if 
all
 conditions are 
met
. It may also be open to other third countries 
under
 the conditions 
provided for
 in specific agreements between the Union and 
the
 countries 
concerned on
 the participation of those countries 
in
 any Union programme
, if that participation is of interest to the Union and if it has a positive impact on the internal market without affecting consumer protection
.









Amendment 10


Proposal for a regulation


Recital 6








Text proposed by the Commission




Amendment











(6)


Regulation (EU, Euratom) 
[2018/XXX]
 of the European Parliament and of the Council (21) (the ‘Financial Regulation’) 
applies to this Programme. It lays down
 rules 
on
 the implementation of the Union budget, including the rules on grants, prizes, procurement and reimbursement of external experts.












(6)




The Programme should be covered by
 Regulation (EU, Euratom) 
2018/1046
 of the European Parliament and of the Council (21)

(hereinafter referred to as
‘the Financial Regulation’)
. The Financial Regulation provides for the
 rules 
for
 the implementation of the Union budget, including the rules on grants, prizes, procurement and reimbursement of external experts.









Amendment 11


Proposal for a regulation


Recital 7








Text proposed by the Commission




Amendment











(7)


The actions which applied under the Customs 2020 programme have proven to be adequate 
and
 should therefore be maintained. In order to provide more simplicity and flexibility in the execution of the Programme and thereby better deliver on its objectives, the actions should be defined only in terms of overall categories with a list of illustrative examples of concrete activities. Through cooperation and capacity building, the 
Customs programme
 should also promote and support the uptake and leverage of innovation to further improve the capabilities to deliver on the core priorities of customs.












(7)


The actions which applied under the Customs 2020 programme 
and
 have proven to be adequate should therefore be maintained
, while others that have proven to be inadequate should be terminated
. In order to provide 
greater
 simplicity and flexibility in the execution of the Programme and thereby better deliver on its objectives, the actions should be defined only in terms of overall categories with a list of illustrative examples of concrete activities. Through cooperation and capacity building, the 
Programme
 should also promote and support the uptake and leverage of innovation to further improve the capabilities to deliver on the core priorities of customs.









Amendment 12


Proposal for a regulation


Recital 8








Text proposed by the Commission




Amendment











(8)


Regulation [2018/XXX] establishes, as part of the Integrated Border Management Fund, a Customs Control Equipment Instrument (22) (‘CCE Instrument’). In order to preserve the coherence and horizontal coordination of all cooperation actions relating to customs and customs control equipment, it is appropriate to implement all of them under one single legal act and set of rules, being this Regulation. Therefore, the CCE Instrument should only support the purchase, maintenance and upgrade of the eligible equipment while this Programme should support all other related actions, such as cooperation actions for the assessment of equipment needs or, where appropriate, training in relation to the equipment purchased.












(8)


Regulation [2018/XXX] establishes, as part of the Integrated Border Management Fund, a Customs Control Equipment Instrument (22) (‘CCE Instrument’). In order to preserve the coherence and horizontal coordination of all cooperation actions relating to customs and customs control equipment, it is appropriate to implement all of them under one single legal act and set of rules, 
that act and those rules
 being this Regulation. Therefore, the CCE Instrument should only support the purchase, maintenance and upgrade of the eligible equipment, while this Programme should support all other related actions, such as cooperation actions for the assessment of equipment needs or, where appropriate, training in relation to the equipment purchased.









Amendment 13


Proposal for a regulation


Recital 10








Text proposed by the Commission




Amendment











(10)


Considering the importance of globalisation, the Programme should continue to provide the possibility of involving external experts within the meaning of Article 238 of the Financial Regulation. Those external experts should mainly be representatives of governmental authorities, including from non-associated third countries, as well as representatives of international organisations, economic operators or civil society.












(10)


Considering the importance of globalisation, the Programme should continue to provide 
for
 the possibility of involving external experts within the meaning of Article 238 of the Financial Regulation. Those external experts should mainly be representatives of governmental authorities, including from non-associated third countries, as well as 
academics and
 representatives of international organisations, economic operators or civil society.









Amendment 14


Proposal for a regulation


Recital 11








Text proposed by the Commission




Amendment











(11)


In line with the Commission's commitment to ensure the coherence and simplification of funding programmes, set out in its Communication of 19 October 2010 entitled ‘The EU Budget Review’ (23), resources should be shared with other Union funding instruments if the envisaged actions under the Programme pursue objectives that are common to various funding instruments, excluding however double financing. Actions under the Programme should ensure coherence in the use of the Union's resources supporting the customs union and customs authorities.












(11)


In line with the Commission's commitment to ensure the coherence and simplification of funding programmes, set out in its Communication of 19 October 2010 entitled 'The EU Budget Review (23), resources should be shared with other Union funding instruments if the envisaged actions under the Programme pursue objectives that are common to various funding instruments
, taking into account that the amount allocated to the Programme is calculated without taking into account that there could be unforeseen expenses
, excluding however double financing. Actions under the Programme should ensure coherence in the use of the Union's resources supporting the customs union and customs authorities.









Amendment 15


Proposal for a regulation


Recital 11 a (new)








Text proposed by the Commission




Amendment





 










(11 a)






The purchase of software that is needed to perform tight border controls should be eligible for funding under the Programme. Furthermore, the purchase of software that can be used in all Member States should be encouraged in order to facilitate exchange of data.











Amendment 16


Proposal for a regulation


Recital 12








Text proposed by the Commission




Amendment











(12)


Information Technology (IT) capacity building actions are set to attract 
the
 greatest part of the budget under the Programme. Specific provisions should describe, respectively, the common and national components of the European electronic systems. Moreover, the scope of actions and the responsibilities of the Commission and the Member States should be clearly defined.












(12)


Information Technology (IT) capacity building actions are set to attract 
a greater
 part of the budget under the Programme. Specific provisions should describe, respectively, the common and national components of the European electronic systems. Moreover, the scope of actions and the responsibilities of the Commission and the Member States should be clearly defined. 
In order to ensure coherence and coordination of IT capacity-building actions, the Programme should provide that the Commission develops and updates a Multiannual Strategic Customs Plan (‘MASP-C’), with the aim of creating an electronic environment which ensures consistency and interoperability of the customs systems in the Union.











Amendment 17


Proposal for a regulation


Recital 14 a (new)








Text proposed by the Commission




Amendment





 










(14a)






In line with the findings contained on the two special reports adopted recently by the European Court of Auditors in the field of customs, namely special report No 19/2017 of 5 December 2017 entitled ‘Import procedures: shortcomings in the legal framework and an ineffective implementation impact the financial interests of the EU’, and special report No 26/2018 of 10 October 2018 entitled ‘A series of delays in Customs IT systems: what went wrong?’, the actions undertaken within the ‘Customs’ programme for cooperation in the field of customs should aim at tackling the shortcomings signalled.











Amendment 18


Proposal for a regulation


Recital 14 b (new)








Text proposed by the Commission




Amendment





 










(14b)






On 4 October 2018 the European Parliament adopted a resolution on the fight against customs fraud and the protection of the Union’s own resources. The conclusions contained in that resolution should be taken into account during the actions implemented in the framework of the Programme.











Amendment 19


Proposal for a regulation


Recital 20








Text proposed by the Commission




Amendment











(20)


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 objectives 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.












(20)


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 objectives of the actions and to deliver 
the best
 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.









Amendment 20


Proposal for a regulation


Article 3 — paragraph 1








Text proposed by the Commission




Amendment






1.   The Programme 
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.   
With a view to achieving the long-term aim that all customs administrations in the Union work together as closely as possible, and in order to guarantee the security and safety of the Member States and to protect the Union against fraud, unfair and unlawful commercial practices, and at the same time, promote legitimate business activities and a high level of consumer protection,
 the general objective of the Programme 
is
 to support the customs union and 
the
 customs authorities 
in protecting
 the financial and economic interests of the Union and its Member States..






Amendment 21


Proposal for a regulation


Article 3 — paragraph 2








Text proposed by the Commission




Amendment






2.   The Programme has the specific 
objective
 to support the preparation and uniform implementation of customs legislation and policy as well as customs cooperation 
and administrative
 capacity building, 
including human competency and the development and operation of European
 electronic systems.




2.   The Programme has the 
following
 specific 
objectives:







 










(1)




to support the preparation and uniform implementation of customs legislation and policy as well as customs cooperation;








 










(2)






to assist with IT
 capacity building, 
which consists in developing, maintaining and operating the
 electronic systems 
as referred to in Article 278 of the Union Customs Code, and enabling a smooth transition to a paperless environment and trade in line with Article 12 of this Regulation
;








 










(3)






to finance joint actions, which consist in cooperation mechanisms enabling officials to carry out joint operational activities under their core responsibilities, share experience in the customs field and join efforts to deliver on customs policy;










 










(4)






to enhance human competencies, supporting the professional skills of customs officials and empowering them to fulfil their role on a uniform basis;










 










(5)






to support innovation in the area of customs policy.











Amendment 22


Proposal for a regulation


Article 3 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
The Programme shall be consistent with and exploit any synergies with other Union action programmes and funds with similar objectives in related fields.








Amendment 23


Proposal for a regulation


Article 3 — paragraph 2 b (new)








Text proposed by the Commission




Amendment





 





2b.
   
The implementation of the Programme shall respect the principles of transparency, proportionality, equal treatment and non-discrimination.








Amendment 24


Proposal for a regulation


Article 3 — paragraph 2 c (new)








Text proposed by the Commission




Amendment





 





2c.
   
The Programme shall also support the continuous evaluation and monitoring of the cooperation between customs authorities with a view to identifying weaknesses and possible improvements.








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 Programme for the period 2021 — 2027 shall be EUR 950 000 000  in current prices.




1.   The financial envelope for the implementation of the Programme for the period 2021 — 2027 shall be EUR 
842 844 000  in 2018 prices (EUR
950 000 000  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 Programme and evaluating the achievement of its objectives. It may moreover cover expenses relating to studies, meetings of experts, information and communication actions, in so far as they are related to the objectives of the Programme, 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 Programme.




2.   
When necessary and duly justified, the
 amount referred to in paragraph 1 may also cover expenses for preparation, monitoring, control, audit, evaluation and other activities for managing the Programme and evaluating 
its performance and
 the achievement of its objectives. It may moreover cover expenses relating to studies, meetings of experts, information and communication actions 
by the Commission addressed to Member States and economic operators
, in so far as they are related to the objectives of the Programme, 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 Programme 
, in so far as such activities are required for the achievement of the objectives of the Programme
.






Amendment 27


Proposal for a regulation


Article 4 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
The Programme shall not be used to cover costs relating to the potential withdrawal of the United Kingdom from the Union. The Commission shall reserve upon its own assessment resources in order to cover the costs relating to the disengagement of the United Kingdom from all Union customs systems and cooperation, and the lapsing of its legal obligations in this area.







 




Before reserving those resources, the Commission shall make an estimate of the potential costs, and shall inform the European Parliament once data relevant for that estimate become available.







Amendment 28


Proposal for a regulation


Article 5 — paragraph 1 — point c — introductory part








Text proposed by the Commission




Amendment











(c)


other third countries, 
in accordance with
 the conditions laid down in a specific agreement 
covering
 the participation of 
the
 third country 
to
 any Union programme, provided that the agreement:












(c)


other third countries, 
under
 the conditions laid down in a specific agreement 
on
 the participation of 
a
 third country 
in
 any Union programme, provided that the agreement:









Amendment 29


Proposal for a regulation


Article 5 — paragraph 1 — point c — indent 2








Text proposed by the Commission




Amendment











—




lays down
 the conditions 
of
 participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs. These contributions shall constitute assigned 
revenues
 in accordance with Article [21(5)] of 
Regulation [2018/XXX] [
the 
new
 Financial Regulation];












—




establishes
 the conditions 
for
 participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs. These contributions shall constitute assigned 
revenue
 in accordance with Article 21(5) of the Financial Regulation;









Amendment 30


Proposal for a regulation


Article 7 — paragraph 2








Text proposed by the Commission




Amendment






2.   Actions complementing or supporting the actions implementing the objectives referred to in Article 3 of Regulation (EU) [2018/XXX] [CCE instrument] shall also be eligible for funding under this Programme.




2.   Actions complementing or supporting the actions implementing the objectives referred to in Article 3 of Regulation (EU) [2018/XXX] [CCE instrument] 
and/or complementing or supporting the actions implementing the objectives referred to in Article 2 of Regulation (EU) [2018/XXX] [Anti-Fraud Programme]
 shall also be eligible for funding under this Programme.






Amendment 31


Proposal for a regulation


Article 7 — paragraph 3 — subparagraph 1 — point b








Text proposed by the Commission




Amendment











(b)


project-based structured collaboration;












(b)


project-based structured collaboration
, such as collaborative IT development by a group of Member States
;









Amendment 32


Proposal for a regulation


Article 7 — paragraph 3 — subparagraph 1 — point d








Text proposed by the Commission




Amendment











(d)


human competency and capacity building actions;












(d)


human competency and capacity building actions
, including training and exchange of best practices
;









Amendment 33


Proposal for a regulation


Article 7 — paragraph 3 — subparagraph 1 — point e — point 3 a (new)








Text proposed by the Commission




Amendment





 










(3a)





monitoring activities;










Amendment 34


Proposal for a regulation


Article 7 — paragraph 4








Text proposed by the Commission




Amendment






4.   Actions consisting in the development and operation of adaptations or extensions to the common components of the European electronic systems for cooperation with third countries not associated to the Programme or international organisations shall be eligible for funding when they are of interest to the Union. The Commission shall put in place the necessary administrative arrangements, which may provide for a financial contribution from the third parties concerned to these actions.




4.   Actions consisting in the development
, deployment, maintenance
 and operation of adaptations or extensions to the common components of the European electronic systems for cooperation with third countries not associated to the Programme or international organisations shall be eligible for funding when they are of interest to the Union. The Commission shall put in place the necessary administrative arrangements, which may provide for a financial contribution from the third parties concerned to these actions.






Amendment 35


Proposal for a regulation


Article 8 — paragraph 1








Text proposed by the Commission




Amendment






1.   Wherever beneficial for the achievement of the actions implementing the objectives referred to in Article 3, representatives of governmental authorities, including those from third countries not associated to the 
programme
 pursuant to Article 5, representatives of international and other relevant organisations, of economic operators and organisations representing economic operators and of civil society may take part as external experts to actions organised under the Programme.




1.   Wherever beneficial for the achievement of the actions implementing the objectives referred to in Article 3, representatives of governmental authorities, including those from third countries not associated to the 
Programme
 pursuant to Article 5, 
academics and
 representatives of international and other relevant organisations, of economic operators and organisations representing economic operators and of civil society may take part as external experts to actions organised under the Programme.






Amendment 36


Proposal for a regulation


Article 8 — paragraph 3








Text proposed by the Commission




Amendment






3.   
The
 external experts shall be selected by the Commission 
based
 on their 
skills
, experience 
and
 knowledge 
relevant to
 the specific action, avoiding any potential conflict of interest.




3.   External experts shall be selected by the Commission on 
the basis of
 their 
competence
, experience 
in the field of application of this Regulation and their relevant
 knowledge 
of
 the specific action 
being taken
, avoiding any potential conflict of interest. 
The selection shall strike a balance between business representatives and other civil society experts, as well as take into account the principle of gender equality. The list of external experts shall be regularly updated and made accessible to the public.








Amendment 37


Proposal for a regulation


Article 9 — paragraph 1








Text proposed by the Commission




Amendment






1.   Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation.




1.   Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation
, and specifically with the principles of sound financial management, transparency, proportionality, non-discrimination and equal treatment
.






Amendment 38


Proposal for a regulation


Article 10 — paragraph 1








Text proposed by the Commission




Amendment






1.   By derogation 
to
 Article 190 of the Financial Regulation, the Programme may finance up to 100 % of eligible costs of an action.




1.   By 
way of
 derogation 
from
 Article 190 of the Financial Regulation, the Programme may finance up to 100 % of 
the
 eligible costs of an action 
according to the relevance of the action and the estimated impact
.






Amendment 39


Proposal for a regulation


Article 11 — paragraph 1








Text proposed by the Commission




Amendment






1.   The Commission and the Member States shall 
ensure
 jointly the development and operation, including 
the
 design, specification, conformance testing, deployment, maintenance, evolution, security, quality assurance and quality control
, of the European electronic systems listed in the Multi-Annual Strategic Plan for Customs referred to in Article 12
.




1.   The Commission and the Member States shall jointly 
ensure
 the development and operation 
of the European electronic systems listed in the Multi-Annual Strategic Plan for Customs referred to in Article 12
, including 
its
 design, specification, conformance testing, deployment, maintenance, evolution, 
modernisation,
 security, quality assurance and quality control.






Amendment 40


Proposal for a regulation


Article 11 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


the overall coordination of the development and operation of European electronic systems with a view to their operability, inter connectivity and continuous improvement and their synchronised implementation;












(b)


the overall coordination of the development and operation of European electronic systems with a view to their operability, 
cyber-resilience,
 interconnectivity and continuous improvement and their synchronised implementation;









Amendment 41


Proposal for a regulation


Article 11 — paragraph 2 — point e a (new)








Text proposed by the Commission




Amendment





 










(ea)






an efficient and swift communication with and between Member States with a view to streamlining the governance of the Union’s electronic systems;











Amendment 42


Proposal for a regulation


Article 11 — paragraph 2 — point e b (new)








Text proposed by the Commission




Amendment





 










(eb)






a timely and transparent communication with the stakeholders concerned with the implementation of IT systems at Union and Member States level, in particular about delays in the implementation of and spending relating to Union and national components.











Amendment 43


Proposal for a regulation


Article 11 — paragraph 3 — point d








Text proposed by the Commission




Amendment











(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 European electronic systems;












(d)




providing
 the Commission 
with regular
 information 
on
 the measures taken to enable 
the
 authorities or economic operators 
concerned
 to make full 
and effective
 use of 
the
 European electronic systems;









Amendment 44


Proposal for a regulation


Article 12 — paragraph 1 — introductory part








Text proposed by the Commission




Amendment






1.   The Commission shall draw up and 
keep updated a Multi-Annual
 Strategic Plan for Customs listing all tasks relevant for the development and operation of European electronic systems and classifying each system, or part 
thereof, as:






1.   The Commission shall draw up and 
update a Multi-Annual
 Strategic Plan for 
the
 customs 
field
 listing all 
the
 tasks relevant for the development and operation of European electronic systems and classifying each system or part 
of a system as:








Amendment 45


Proposal for a regulation


Article 12 — paragraph 1 — point a








Text proposed by the Commission




Amendment











(a)


a common component: a component of the European electronic systems developed at Union level, which is available for all Member States or identified 
as common
 by the Commission for reasons of efficiency, security 
and
 rationalisation;












a)


a common component: a component of European electronic systems developed at Union level, which is available to all Member States or identified by the Commission 
as being common
 for reasons of efficiency, security 
of
 rationalisation 
and reliability
;









Amendment 46


Proposal for a regulation


Article 12 — paragraph 1 — point b








Text proposed by the Commission




Amendment











(b)


a national component: a component of the European electronic systems developed at national level, which is available in the Member State that created such a component or contributed to its joint creation;












(b)


a national component: a component of the European electronic systems developed at national level, which is available in the Member State that created such a component or contributed to its joint creation
, for instance as part of a collaborative IT development project by a group of Member States
;









Amendment 47


Proposal for a regulation


Article 12 — paragraph 3








Text proposed by the Commission




Amendment






3.   Member States shall notify the Commission of the completion of each task allocated to them under the Multi-Annual Strategic Plan for Customs referred to in paragraph 1. They shall also regularly report to the Commission on progress with their tasks.




3.   Member States shall notify the Commission of the completion of each task allocated to them under the Multi-Annual Strategic Plan for Customs referred to in paragraph 1. They shall also regularly report to the Commission on progress with their tasks 
and where applicable about foreseeable delays in their implementation
.






Amendment 48


Proposal for a regulation


Article 12 — paragraph 5








Text proposed by the Commission




Amendment






5.   No later than 31 October of each year, the Commission shall, on the basis of the annual reports referred to in paragraph 4, establish a consolidated report assessing the progress made by Member States and the Commission in the implementation of the plan referred to in paragraph 1 and make that report public.




5.   No later than 31 October of each year, the Commission shall, on the basis of the annual reports referred to in paragraph 4, establish a consolidated report assessing the progress made by Member States and the Commission in the implementation of the plan referred to in paragraph 1
, including information on necessary adaptations of or delays with the plan,
 and make that report public.






Amendment 49


Proposal for a regulation


Article 13 — paragraph 1








Text proposed by the Commission




Amendment






1.   The Programme shall be implemented by multiannual work programmes referred to in Article 108 of the Financial Regulation.




1.   The Programme shall be implemented by multiannual work programmes referred to in Article 110 of the Financial Regulation. 
The multiannual work programmes shall in particular set out the objectives to be pursued, the expected results, the method of implementation and the total amount of the financing plan. They shall also set out in detail a description of the actions to be financed, an indication of the amount allocated to each action and an indicative implementation timetable. The multiannual work programmes shall be, communicated to the European Parliament where applicable.








Amendment 50


Proposal for a regulation


Article 13 — paragraph 2








Text proposed by the Commission




Amendment






2.   The multiannual work programmes shall be adopted by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 18(2).




2.   The multiannual work programmes shall be adopted by the Commission by means of implementing acts 
and communicated to the European Parliament and the Council
. Those implementing acts shall be adopted in accordance with the 
examination
 procedure referred to in Article 18(2).






Amendment 51


Proposal for a regulation


Article 13 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
The multiannual work programmes shall build on lessons learned from previous programmes.








Amendment 52


Proposal for a regulation


Article 14 — paragraph 1








Text proposed by the Commission




Amendment






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




1.   
In compliance with its reporting requirements pursuant to point (h) of Article 41(3) of the Financial Regulation, the Commission shall present to the European Parliament and the Council information on the performance
 of the Programme
. Reporting on performance shall include information on both progress and shortfalls
.






Amendment 53


Proposal for a regulation


Article 14 — paragraph 2








Text proposed by the Commission




Amendment






2.   To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission is empowered to adopt delegated acts in accordance with Article 17 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 for reporting on the performance of the Programme towards the achievement of the specific objectives provided for in Article 3 are set out in Annex 2.
 To ensure effective assessment of progress of the Programme towards the achievement of its objectives, the Commission is empowered to adopt delegated acts in accordance with Article 17 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 the performance of the Programme
.






Amendment 54


Proposal for a regulation


Article 14 — paragraph 3








Text proposed by the Commission




Amendment






3.   The performance reporting system shall ensure that data for monitoring 
programme
 implementation and results 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 
the
 data for 
the
 monitoring 
of the
 implementation and 
the
 results 
of the Programme
 are 
comparable and complete as well as
 collected 
in an efficient, effective and
 timely manner. To 
this
 end, proportionate 
and relevant
 reporting requirements 
shall
 be imposed on 
the
 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 55


Proposal for a regulation


Article 15 — paragraph 2








Text proposed by the Commission




Amendment






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




2.   The interim evaluation of the Programme shall be 
carried out as soon as
 sufficient information 
on its
 implementation 
is available
, but no later than 
three
 years after the start of the programme implementation.






Amendment 56


Proposal for a regulation


Article 15 — paragraph 2 a (new)








Text proposed by the Commission




Amendment





 





2a.
   
The interim evaluation shall present findings necessary to make a decision about a follow-up to the Programme beyond 2027 and its objectives.








Amendment 57


Proposal for a regulation


Article 15 — paragraph 3








Text proposed by the Commission




Amendment






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




3.   At the end of the implementation of the Programme, but no later than 
three
 years after the end of the period 
referred to
 in Article 1, 
the Commission shall carry out
 a final evaluation of the Programme.






Amendment 58


Proposal for a regulation


Article 15 — 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 
present and
 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 59


Proposal for a regulation


Article 16 — paragraph 1








Text proposed by the Commission




Amendment





Where a third country participates in the programme by a decision under an international agreement or by virtue of any other legal instrument, the third country shall grant the necessary rights and access required for the authorizing officer responsible, the European Anti-Fraud Office (OLAF), the European Court of Auditors to comprehensively exert their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, provided for in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council concerning investigations conducted by the European Anti-Fraud Office (OLAF).


Where a third country participates in the programme by a decision under an international agreement or by virtue of any other legal instrument, the third country shall grant the necessary rights and access required for the authorizing officer responsible, the European Anti-Fraud Office (OLAF), the European Court of Auditors 
and the European Public Prosecutor's Office (EPPO)
 to comprehensively exert their respective competences. In the case of OLAF 
and the EPPO
, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, provided for in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (1a)

and in Council Regulation (EU) 2017/1939

 (1b).





Amendment 60


Proposal for a regulation


Article 19 — 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 
maximum
 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.






Amendment 61


Proposal for a regulation


Article 19 — paragraph 2








Text proposed by the Commission




Amendment






2.   The Commission shall implement information and communication actions 
relating to the Programme, and its
 actions and results. Financial resources allocated to the Programme 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.   The Commission shall implement information and communication actions 
on the Programme, on the
 actions 
financed under the Programme
, and 
on the
 results 
achieved by those financed actions
. 
The
 financial resources allocated to the Programme shall also contribute to the 
institutional
 communication of the 
Union's
 political priorities 
in so
 far as they are 
linked
 to the objectives 
set out
 in Article 3.







(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0464/2018).

(18)  Regulation (EU) No 1294/2013 of the European Parliament and of the Council of 11 December 2013 establishing an action programme for customs in the European Union for the period 2014-2020 (Customs 2020) and repealing Decision No 624/2007/EC, OJ L 347, 20.12.2013, p. 209.

(18)  Regulation (EU) No 1294/2013 of the European Parliament and of the Council of 11 December 2013 establishing an action programme for customs in the European Union for the period 2014-2020 (Customs 2020) and repealing Decision No 624/2007/EC, OJ L 347, 20.12.2013, p. 209.

(19)  https://ec.europa.eu/taxation_customs/general-information-customs/customs-risk-management/measures-customs-risk-management-framework-crmf_en

(19)  https://ec.europa.eu/taxation_customs/general-information-customs/customs-risk-management/measures-customs-risk-management-framework-crmf_en

(21)  
COM(2016)0605



(21)  
Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).



(22)  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

(22)  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

(23)  COM(2010)0700

(23)  COM(2010)0700

(1a)  
Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1.)



(1b)  
Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1.)