Activities of Arndt KOHN related to 2018/0232(COD)
Shadow opinions (1)
OPINION 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
Amendments (59)
Amendment 14 #
Proposal for a regulation
Citation 4 a (new)
Citation 4 a (new)
Having regard to the European Court of Auditors’ 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’;
Amendment 15 #
Proposal for a regulation
Citation 4 b (new)
Citation 4 b (new)
Having regard to the European Court of Auditors’ special report No 26/2018 of 10 October 2018 entitled ‘A series of delays in Customs IT systems: what went wrong?';
Amendment 16 #
Proposal for a regulation
Citation 4 c (new)
Citation 4 c (new)
Having regard to the Resolution of European Parliament of 4 October 2018 on 'Fighting Customs Fraud and Protection EU Own Resources' (2018/2747(RSP));
Amendment 17 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Customs 2020 programme set up under Regulation (EU) No 1294/201318 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. Moreover, harmonised and standardised custom controls at all points of entry are necessary because an imbalance in the performance of customs controls by Member States impedes the effective functioning of the customs union. 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. _________________ 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.
Amendment 19 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The Customs Union is a cornerstone of the European Union as 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 201817a, 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. _________________ 17a P8_TA(2018)0075 : The next MFF: Preparing the Parliament’s position on the MFF post-2020
Amendment 21 #
Proposal for a regulation
Recital 3
Recital 3
(3) In providing a framework for actions that has as objective to support the customs union and customs authorities with a view to the long-term objective that all customs administrations in the Union work together as if they were one, 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.
Amendment 23 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The ability of Member States to react to challenges generated by constantly evolving global business models and supply chains, in particular with the surge of e-commerce, depend not only on the human component and the availability and proper functioning of modern and reliable customs control equipment but also fully and sustainably implemented EU customs information systems. These challenges emphasise the need to enforce cooperation between national customs authorities to ensure the effective collection of customs duties and protect the single market from fraud, illicit goods and external threats.
Amendment 26 #
Proposal for a regulation
Recital 10
Recital 10
(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 academics and representatives of international organisations, economic operators or civil society.
Amendment 29 #
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should be implemented by means of work programmes. In view of the mid- to long- term nature of the objectives pursued and building on experience gained over time, work programmes should be able to cover several yemay cover several years but not more than three years in order to allow for adaptations where necessarsy. The shift from annual to multiannual work programmes willcould reduce the administrative burden for both the Commission and Member States.
Amendment 30 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Customs 2020 programme set up under Regulation (EU) No 1294/201318 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. Moreover, harmonised and standardised custom controls at all points of entry are necessary because an imbalance in the performance of customs controls by Member States impedes the effective functioning of the customs union. 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. _________________ 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.
Amendment 31 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The customs union is a cornerstone of the European Union as 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, entitled ‘The next MFF: Preparing the Parliament’s position on the MFF post- 2020’, 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 33 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. TWith a view to the long-term aim that all customs administrations in the EU work together as if they were one, 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.
Amendment 34 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Programme has the specific objective to support the preparation and uniform implementation of customs legislation and policy as well as, to support customs cooperation and administrative capacity building, including human competency and the timely development, deployment, maintenance and operation of European electronic systems as well as a smooth transition to a paperless environment and trade in line with the Multi-Annual Strategic Plan for Customs set out in Article 12 of this Regulation.
Amendment 35 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. 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 36 #
Proposal for a regulation
Recital 3
Recital 3
(3) In providing a framework for actions that has as objective to support the customs union and customs authorities with a view to the long-term objective that all customs administrations in the Union work together as if they were one, 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.
Amendment 37 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
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 38 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point b
Article 7 – paragraph 3 – subparagraph 1 – point b
(b) project-based structured collaboration, such as collaborative IT development by a group of Member States;
Amendment 39 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point e – point 3 a (new)
Article 7 – paragraph 3 – subparagraph 1 – point e – point 3 a (new)
(3 a) monitoring activities
Amendment 39 #
(3 a) The ability of Member States to react to challenges generated by constantly evolving global business models and supply chains, in particular with the surge of e-commerce, depend not only on the human component and the availability and proper functioning of modern and reliable customs control equipment but also fully and sustainably implemented EU customs information systems. These challenges emphasise the need to enforce cooperation between national customs authorities to ensure the effective collection of customs duties and protect the single market from fraud, illicit goods and external threats.
Amendment 40 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
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 41 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
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 42 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
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 and taking into account the principle of gender equality.
Amendment 43 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 (new)
Article 8 – paragraph 3 – subparagraph 1 (new)
The list of external experts shall be regularly updated and made accessible to the public.
Amendment 45 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission and the Member States shall ensure jointly the development and operation, including the design, specification, conformance testing, deployment, maintenance, evolution, modernisation, 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.
Amendment 45 #
Proposal for a regulation
Recital 10
Recital 10
(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 academics and representatives of international organisations, economic operators or civil society.
Amendment 46 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the overall coordination of the development and operation of European electronic systems with a view to their operability, cyber-resilience, inter -connectivity and continuous improvement and their synchronised implementation;
Amendment 47 #
Proposal for a regulation
Article 11 – paragraph 2 – point e a (new)
Article 11 – paragraph 2 – point e a (new)
(e a) an efficient and swift communication with and between Member States with a view to streamline the governance of the European electronic systems;
Amendment 48 #
Proposal for a regulation
Article 11 – paragraph 2 – point e b (new)
Article 11 – paragraph 2 – point e b (new)
(e b) a timely and transparent communication with stakeholders concerned with implementing IT systems at EU and Member States level, in particular about delays in the implementation and spending of Union and national components.
Amendment 49 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(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, as for instance in a collaborative IT development project by a group of Member States;
Amendment 49 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(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 50 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
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 51 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
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 or delays of the plan, and make that report public.
Amendment 51 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. TWith a view to the long-term aim that all customs administrations in the EU work together as if they were one, 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.
Amendment 52 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Programme shall be implemented by annual or multiannual work programmes referred to in Article 108 of the Financial Regulation. The multiannual work programme may cover a period of no longer than 3 years in order to allow for adaptations where necessary.
Amendment 53 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. The multiannual work programme shall build on lessons learned from previous programmes.
Amendment 54 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The performance reporting system shall ensure that data for monitoring programme implementation and results 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.
Amendment 54 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Programme has the specific objective to support the preparation and uniform implementation of customs legislation and policy as well as, to support customs cooperation and administrative capacity building, including human competency and the timely development, deployment, maintenance and operation of European electronic systems, as well as a smooth transition to a paperless environment and trade in line with the Multi-Annual Strategic Plan for Customs set out in Article 12 of this Regulation.
Amendment 55 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
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 fourthree years after the start of the programme implementation.
Amendment 56 #
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 (new)
Article 15 – paragraph 2 – subparagraph 1 (new)
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 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. 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 57 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. At the end of the implementation of the Programme, but no later than fourthree years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission.
Amendment 58 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure themaximum 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 59 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission shall regularly implement information and communication actions relating to the Programme, and its actions and results as part of the work programmes as referred to in Article 13. 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.
Amendment 62 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
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 63 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point b
Article 7 – paragraph 3 – subparagraph 1 – point b
(b) project-based structured collaboration, such as collaborative IT development by a group of Member States;
Amendment 65 #
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point e – point 3 a (new)
Article 7 – paragraph 3 – subparagraph 1 – point e – point 3 a (new)
(3 a) monitoring activities;
Amendment 66 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
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 67 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
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 70 #
1. The Commission and the Member States shall ensure jointly the development and operation, including the design, specification, conformance testing, deployment, maintenance, evolution, modernisation, 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.
Amendment 71 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the overall coordination of the development and operation of European electronic systems with a view to their operability, inter -connectivity, cyber- resilience and continuous improvement and their synchronised implementation;
Amendment 72 #
Proposal for a regulation
Article 11 – paragraph 2 – point e a (new)
Article 11 – paragraph 2 – point e a (new)
(e a) an efficient and swift communication with and between Member States with a view to streamline the governance of the European electronic systems;
Amendment 74 #
Proposal for a regulation
Article 11 – paragraph 2 – point e b (new)
Article 11 – paragraph 2 – point e b (new)
(e b) a timely and transparent communication with stakeholders concerned with implementing IT systems at EU and Member States level, in particular about delays in the implementation and spending of Union and national components.
Amendment 75 #
Proposal for a regulation
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(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, as for instance in a collaborative IT development project by a group of Member States;
Amendment 76 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
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 78 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
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 or delays of the plan, and make that report public.
Amendment 80 #
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. The multiannual work programme shall build on lessons learned from previous programmes.
Amendment 81 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The performance reporting system shall ensure that data for monitoring programme implementation and results 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.
Amendment 82 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. The interim evaluation shall present findings necessary to make a decision about a follow-up to the Programme beyond 2027 and its objectives.
Amendment 84 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure themaximum 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.