91/341/EEC: Council Decision of 20 June 1991 on the adoption of a programme of Community action on the subject of the vocational training of customs officials (Matthaeus programme)

COUNCIL DECISION  of 20 June 1991  on the adoption of a programme of Community action on the subject of the vocational training of customs officials (Matthaeus programme)  (91/341/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
In cooperation with the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the establishment of the internal market necessitates a new definition of the role of Community customs officials in ensuring the proper functioning of the Customs Union;
Whereas this role will, in future, focus on the uniform application of customs legislation at the Community's external borders, which is a prerequisite for the execution of the various Community policies governing foreign trade;
Whereas it must be ensured that the abolition of internal borders does not give rise to distortions in competition, deflection of trade or increased risk of fraud; whereas it is consequently necessary to stimulate intensive and ongoing cooperation at  all administrative levels in the customs services with a view to preparing them for working together within the framework of the internal market;
Whereas what is involved is an improvement in the effectiveness of the Customs Union as provided for in Article 9 of the Treaty;
Whereas this improvement will be achieved through optimizing the use of human resources in the Member States and therefore through suitable vocational training;
Whereas the measures taken in this sphere by each of the national administrations are not sufficient to achieve the objective pursued; whereas it is consequently essential to reinforce national efforts through joint action to increase the awareness of  customs officials of the increasingly Community dimension of their task and of the need to work together closely;
Whereas a greater awareness of the principles and procedures to be applied in Member States can only increase the degree of harmonization of customs practice within the Community and help to create the necessary climate of mutual confidence;
Whereas the implementation of a large-scale programme of training for customs officials (Matthaeus programme) constitutes one of the most appropriate ways to achieve this result;
Whereas the Commission adopted a training programme for 1990 based on the exchange of customs officials between national administrations (pilot project); whereas the aim of this programme was to collect useful material to allow the implementation of a  more ambitious training programme extending over several years and supplemented by other training measures;
Whereas the experience acquired during the pilot project showed the need for officials to be operational in their workplace; whereas this requirement will be met only if the exchange officials have sufficient knowledge of the language of the host  country; whereas, for this purpose, it is essential that the national administrations organize intensive language courses for their officials who are likely to participate in the Matthaeus programme; whereas these courses must be of an ongoing nature  and cover all the official Community languages;
Whereas courses in the less widely-spoken Community languages may be organized in the Member State concerned by the Commission with the assistance of the customs administration of that Member State;
Whereas, equally, the essential requirement of making customs officials operational in the host services can be achieved only if exchange officials are able to perform the formalities involved in the duties entrusted to them; whereas this condition  should be subject to certain restrictions in order to take account of the specific requirements of the legal system of each Member State; whereas it should, consequently, be ensured that exchange officials have the same legal status as national  officials where, in performing their duties, their civil liability is put at issue by a third party; whereas in these circumstances it appears necessary for exchange officials to be bound by the same rules of professional secrecy as national officials;
Whereas the number of officials undergoing an exchange must, as far as possible, be increased each year on the basis of the number of places available;
Whereas training measures supplementary to the exchange of customs officials between administrations are essential to the achievement of the objective sought; whereas these measures may involve training seminars and the implementation of common training  programmes to be taught in Member States' customs schools; whereas consideration must also be given to the creation of a joint training centre for customs officials of the Community;
Whereas seminars form an ideal forum for the exchange of ideas between Community customs officials; whereas, in these seminars, suggestions may emerge which could improve the legal instruments in force and harmonize work methods in each administration;
Whereas the said seminars should concern those customs officials who belong, as far as may be required, to all categories and especially trainers in customs schools, officials responsible for implementing Community law and officials responsible for  combating all types of fraud;
Whereas the establishment of common training programmes constitutes a suitable means of providing officials with identical training throughout the Community; whereas these programmes should focus on the teaching of Community law as well as on the study  of Community institutions and their foundations, since customs officials will increasingly have to integrate the Community and national aspects of their work;
Whereas the implementation of these common programmes can be accomplished only if Member States provide the necessary facilities on their territories;
Whereas, for the implementation of the Matthaeus programme, the sharing of expenses under the programme between the Commission and the Member States should be determined; whereas, consequently, expenses could be shared by assigning those relating to the  language training of their officials to the Member States and the travel and subsistence expenses of officials participating in the exchanges and of officials required to attend seminars in Member States other than their own to the Commission;
Whereas it is necessary to ensure the uniform application of this Decision and, for that purpose, to provide for a Community procedure for the enactment of implementing rules; whereas a committee should be set up to provide a forum for close and  effective cooperation between the Member States and the Commission in this field;
Whereas this programme covers certain aspects which, to date, have not been included within the customary framework of collaboration and administrative assistance; whereas these aspects of the programme may contribute, in close liaison with the  vocational training objectives, to the harmonious development of economic activities throughout the Community,