2018/0258(COD) | [ParlTrack]

Proposal for a regulation
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 EU businesses and citizens. In its resolution of 14 March 2018, 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 14 #

Proposal for a regulation
Recital 1 b (new)

(1 b) The reference amount specified in the present legislative proposal constitutes only an indication to the legislative authority and cannot be fixed until agreement is reached on the regulation on the Multiannual Financial Framework.

Amendment 15 #

Proposal for a regulation
Recital 20

(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 qualitative and quantitative 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.

Amendment 16 #

Proposal for a regulation
Recital 26 a (new)

(26 a) According to the European Parliament resolutions of 14 March and 30 May 2018 on the 2021-2027 Multiannual Financial Framework, the present proposal should contribute to the EU commitment to be a frontrunner in implementing the UN Sustainable Development Goals (SDGs).

Amendment 17 #

Proposal for a regulation
Recital 26 b (new)

(26 b) The elimination of discrimination is vital to fulfil the EU’s commitments towards an inclusive Europe; when implementing the present regulation gender mainstreaming and gender equality should therefore be considered.

Amendment 18 #

Proposal for a regulation
Recital 26 c (new)

(26 c) Following the Paris Agreement, climate-related horizontal spending should be significantly increased in comparison with the current MFF and reach 30 % as soon as possible and at the latest by 2027.

Amendment 19 #

Proposal for a regulation
Recital 26 d (new)

(26 d) Reflecting the urgency of tackling climate change in line with the Union's commitments to implement the Paris Agreement and to be a frontrunner in implementing the United Nations Sustainable Development Goals including gender equality, this Fund will contribute to mainstream climate actions and to the achievement of an overall target of 30% of the EU budget expenditures supporting climate objectives. Relevant actions will be identified during the Fund's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes.

Amendment 20 #

Marie-Pierre VIEU

Proposal for a regulation
Article 6 – paragraph 4

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.deleted

Amendment 21 #

Marie-Pierre VIEU

Proposal for a regulation
Article 9 – paragraph 1 – point g a (new)

(ga) costs relating to checks on persons.

Amendment 22 #

Proposal for a regulation
Article 13 – paragraph 2

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~~two years after the start of the implementation of the Instrument.

Amendment 23 #

Proposal for a regulation
Article 13 – paragraph 3

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

source: 628.509

2018/10/29 LIBE 17 amendments...

Amendment 10 #

Proposal for a regulation
Recital 6

(6) It is therefore opportune to establish a new Instrument for financial support for customs control equipment that will ensure the detection of the counterfeiting and dumping prices.

Amendment 11 #

Proposal for a regulation
Recital 7

(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 safety, and take place at the external border, ensuring equivalence in carrying out border control and customs control at the common 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~~Therefore, cooperation between customs authorities as well as other departments of agencies such as police, the border guards, and health and consumer authorities is vital. It is equally important to promote inter-agency cooperation at Union borders, in particular among EU agencies in the field of border control and police, 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 12 #

Tanja FAJON

Proposal for a regulation
Recital 7

(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~~.

Amendment 13 #

Proposal for a regulation
Recital 13

(13) Regulation (EU) [2018/XXX] of the European Parliament and of the Council23 establishes the "Customs" programme for cooperation in the field of customs to support the customs union and customs authorities. In order to preserve the coherence and horizontal coordination of cooperation actions, it is appropriate to implement all of them under one single legal act and set of rules. Therefore, only the purchase, maintenance and upgrade of the eligible customs control equipment should be supported under this Instrument while the Customs programme for cooperation in the field of customs should support related actions, such as cooperation actions for the assessment of needs or training relating to the equipment concerned and the establishing of common control procedures. _________________ 23 COM(2018) 442.

Amendment 14 #

Proposal for a regulation
Recital 15

(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]25 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 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) 2016/162426 , 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. _________________ 25 COM(2018) 473. COM(2018) 473. 26 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).

Amendment 15 #

Proposal for a regulation
Recital 19

(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 relevant information.

Amendment 16 #

Proposal for a regulation
Article 3 – paragraph 1

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, to promote inter-agency cooperation at Union borders as regards controls of goods and persons, and to protect the Union from unfair and illegal trade while facilitating legitimate business activity.

Amendment 17 #

Tanja FAJON

Proposal for a regulation
Article 3 – paragraph 1

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.

Amendment 18 #

Proposal for a regulation
Article 3 – paragraph 2

Amendment 19 #

Proposal for a regulation
Article 5 – paragraph 3

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 EU agencies, in particular the European Border and Coast Guard Agency.

Amendment 20 #

Tanja FAJON

Proposal for a regulation
Article 6 – paragraph 4

Amendment 21 #

Proposal for a regulation
Article 8 – paragraph 2

2. Any funding in excess of that ceiling shall only be granted in duly justified exceptional circumstances, which may include the purchasing and submitting of new equipment to the technical equipment pool of the European Border and Coast Guard.

Amendment 22 #

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 – point b

(b) an exhaustive inventory of available and functional customs control equipment;

Amendment 23 #

Proposal for a regulation
Article 16 – paragraph 2

2. The Commission shall implement information and communication actions relating to the Instrument, and its actions and results in order to insure the transparency. 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.

Amendment 7 #

Proposal for a regulation
Recital 1

(1) The 2 140 customs offices17 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 _________________ 17 Annex of the Annual 2016 Report of the Customs Union Performance available on: https://ec.europa.eu/info/publications/annu al-activity-report-2016-taxation-and- customs-union_en.

Amendment 8 #

Proposal for a regulation
Recital 2

(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 , that can assure the digitalisation of the controls and inspections. 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.

Amendment 9 #

Proposal for a regulation
Recital 5

(5) Supporting the creation of an adequate and equivalent level of customs controls at the Union’s external borders allows maximising the benefits of the customs union. Although the implementation of EU legislation in the field of customs control remains with the individual Member States, a dedicated Union intervention for customs control equipment correcting current imbalances would ~~moreover~~ contribute to the overall cohesion between Member States. In view of the challenges facing the world, in particular the continued need to protect the financial and economic interests of the Union and its Member States while easing the flow of legitimate trade, the availability of modern, interoperable and reliable control equipment at the external borders is indispensable. EU intervention should take forms of grants to Member States supporting the purchase, maintenance and evolution of customs control equipment, while national authorities should continue to own directly the equipment.

source: 629.587

2018/11/05 CONT 52 amendments...

Amendment 14 #

Proposal for a regulation
Recital 1

(1) The 2 140 customs offices17 that are present over the external borders of the European Union need to be properly equipped to ensure thsmooth 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~~, security and protection of the EU financial interests. 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. _________________ 17 Annex of the Annual 2016 Report of the Customs Union Performance available on: https://ec.europa.eu/info/publications/annu al-activity-report-2016-taxation-and- customs-union_en.

Amendment 15 #

Proposal for a regulation
Recital 1

(1) The 2 140 customs offices17 that are present over the external borders of the European Union (land, sea, air and postal hubs) 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.

Amendment 16 #

Proposal for a regulation
Recital 1

(1) ~~The 2 140~~ALL customs offices17 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. _________________ 17 Annex of the Annual 2016 Report of the Customs Union Performance available on: https://ec.europa.eu/info/publications/annu al-activity-report-2016-taxation-and- customs-union_en.

Amendment 17 #

Proposal for a regulation
Recital 1 a (new)

(1 a) 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 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.

Amendment 18 #

Proposal for a regulation
Recital 2

(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 harmonised and 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, overall digitalisation and potential vulnerabilities as regards cyber attacks, sabotage, manipulation of data or industrial espionage, 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.

Amendment 19 #

Proposal for a regulation
Recital 2

(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. In view of differences in availability of customs control equipment between the Member States, measures should be taken in particular to ensure that goods are subject to uniform controls upon their entry into the customs territory of the Union in order to avoid “port-shopping” by custom fraudsters.

Amendment 20 #

Proposal for a regulation
Recital 2

(2) There is currently an understandable 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.

Amendment 21 #

Proposal for a regulation
Recital 5

(5) Supporting the creation of an adequate and equivalent level of customs controls at the Union’s external borders allows maximising the benefits of the customs union with a view to the long- term aim that all customs administrations in the EU work together as if they were one. A dedicated Union intervention for customs control equipment correcting current imbalances would moreover contribute to the overall cohesion between Member States. In view of the challenges facing the world, in particular the continued need to protect the financial and economic interests of the Union and its Member States while easing the flow of legitimate trade, the availability ~~of modern~~and proper functioning of modern, state-of- the-art, secure, cyber-resilient, safe, environmental-friendly and reliable control equipment at the external borders is indispensable.

Amendment 22 #

Proposal for a regulation
Recital 5

(5) Supporting the creation of an uniform, adequate and equivalent level of customs controls at the Union’s external borders allows maximising the benefits of the customs union. A dedicated Union intervention for customs control equipment correcting current imbalances would moreover contribute to the overall cohesion between Member States. In view of the challenges facing the world, in particular the continued need to protect the financial and economic interests of the Union and its Member States while easing the flow of legitimate trade, the availability of modern and reliable control equipment at the external borders is indispensable.

Amendment 23 #

Proposal for a regulation
Recital 10

(10) The Fund should therefore be established as a comprehensive framework for Union financial support in the field of border management comprising the Instrument for financial support for customs control equipment ('the Instrument') established by this Regulation as well as the instrument for financial support for border management and visa established by Regulation (EU) No …/… of the European Parliament and of the Council20 , with the emphasis on the former. _________________ 20 COM(2018) 473.

Amendment 24 #

Proposal for a regulation
Recital 13 a (new)

(13 a) Customs control equipment financed under this Instrument shall meet the highest security, cybersecurity, safety, environmental and health standards.

Amendment 25 #

Proposal for a regulation
Recital 13 b (new)

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

Amendment 26 #

Proposal for a regulation
Recital 13 c (new)

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

Amendment 27 #

Proposal for a regulation
Recital 13 d (new)

(13 d) When replacing old customs control equipment by the means of this Instrument, Member States are responsible for environmental friendly disposal of old customs control equipment.

Amendment 28 #

Proposal for a regulation
Recital 15

(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]25 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 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) 2016/162426 , 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. _________________ 25 COM(2018) 473. COM(2018) 473. 26 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).

Amendment 29 #

Proposal for a regulation
Recital 15

(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]25 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~~other tasks carried out at borders. 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) 2016/162426 , 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. _________________ 25 COM(2018) 473. 26 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).

Amendment 30 #

Proposal for a regulation
Recital 16 a (new)

(16 a) The European Commission shall incentivise joint procurement and testing of customs control equipment between Member States.

Amendment 31 #

Proposal for a regulation
Recital 19

(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 information.

Amendment 32 #

Proposal for a regulation
Recital 20

(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. Member States should ensure transparent and clear procurement procedure. Reporting requirements should include ~~some~~detailed information on customs control equipment and procurement procedure beyond a certain cost threshold, and justification of the expenses.

Amendment 33 #

Proposal for a regulation
Recital 20

(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. Reporting requirements should include some information on customs control equipment beyond a certain cost threshold.

Amendment 34 #

Proposal for a regulation
Recital 22

(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 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 35 #

Proposal for a regulation
Article 3 – paragraph 1

1. As part of the Integrated Border Management Fund and with a view to the long-term aim that all customs administrations in the EU work together as if they were one, 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.

Amendment 36 #

Proposal for a regulation
Article 3 – paragraph 2

Amendment 37 #

Proposal for a regulation
Article 3 – paragraph 2

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 and reliable customs control equipment.

Amendment 38 #

Proposal for a regulation
Article 4 – paragraph 2

2. The amount referred to in 2. paragraph 1 may also cover legitimate and verified 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 likewise legitimate and verified 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.

Amendment 39 #

Proposal for a regulation
Article 5 – paragraph 1 a (new)

1 a. 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 40 #

Proposal for a regulation
Article 5 – paragraph 3 a (new)

3 a. 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 41 #

Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)

(b a) support the purchase, maintenance and upgrade of customs controls equipment that meet the highest security, cybersecurity, safety, environmental and health standards.

Amendment 42 #

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1 a. Data produced by customs control equipment financed under this Instrument shall be accessed and processed only by duly authorised staff of the authorities, and shall be adequately protected against unauthorised access or communication.

Amendment 43 #

Proposal for a regulation
Article 6 – paragraph 2

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 44 #

Proposal for a regulation
Article 6 – paragraph 3

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 and with new, smart and innovative solutions for customs control purposes.

Amendment 45 #

Proposal for a regulation
Article 6 – paragraph 4

Amendment 46 #

Proposal for a regulation
Article 6 – paragraph 4 a (new)

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

Amendment 47 #

Proposal for a regulation
Article 8 – paragraph 2 a (new)

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

Amendment 48 #

Proposal for a regulation
Article 9 – paragraph 1 – point c

(c) costs associated with electronic systems, with the exception of software and software updates directly necessary to use the customs control equipment;

Amendment 49 #

Proposal for a regulation
Article 10 – paragraph 3

3. By way of derogation from Article 191 of the Financial Regulation, an action that has received a contribution from the Customs programme for cooperation in the field of customs established by Regulation (EU) [2018/XXX]35 or from any other Union programme may also receive a contribution under the Instrument, provided that ~~the contributions do not cover the same costs~~duble funding is avoided. The rules of each contributing Union programme shall apply to its respective contribution to the action. The cumulative funding shall not exceed the total eligible costs of the action and the support from the different Union programmes may be calculated on a pro- rata basis in accordance with the documents setting out the conditions for support. _________________ 35 COM(2018) 442. COM(2018) 442.

Amendment 50 #

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 – introductory part

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 at a minimum:

Amendment 51 #

Proposal for a regulation
Article 12 – paragraph 3

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.

Amendment 52 #

Ingeborg GRÄSSLE

Proposal for a regulation
Article 12 – paragraph 4 – point c a (new)

(ca) the presence and condition five years after commissioning of items of equipment funded from the Union budget

Amendment 53 #

Proposal for a regulation
Article 12 – paragraph 4 – point c a (new)

(c a) information on instances of maintenance of the customs control equipment

Amendment 54 #

Proposal for a regulation
Article 12 – paragraph 4 – point c a (new)

(c a) information on the procurement procedure

Amendment 55 #

Proposal for a regulation
Article 12 – paragraph 4 – point c b (new)

(c b) justification of the expenses

Amendment 56 #

Proposal for a regulation
Article 12 – paragraph 4 a (new)

4 a. In case of failure to use the equipment purchased with the support of Union programmes and instruments by one singular or more member states, the Commission shall draft a comprehensive assessment of the situation and inform the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions and the European Public Prosecutor's Office (EPPO). The assessment shall include, but not be limited to, an estimate of the risk to the financial interests of the European Union as well as mitigating measures.

Amendment 57 #

Proposal for a regulation
Article 13 – paragraph 1

1. Evaluations shall assess the programme's results, impact, effectiveness and efficiency and they shall be carried out in a timely manner to feed into the decision- making process.

Amendment 58 #

Proposal for a regulation
Article 13 – paragraph 2

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~~three years after the start of the implementation of the Instrument.

Amendment 59 #

Proposal for a regulation
Article 13 – 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 60 #

Proposal for a regulation
Article 13 – paragraph 3

3. At the end of the implementation of the Instrument, but no later than ~~four~~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 61 #

Proposal for a regulation
Article 16 – paragraph 1

1. The recipients of Union funding shall acknowledge within reason 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, though the spend on this funding acknowledgement should be in proportion to the overall cost.

Amendment 62 #

Proposal for a regulation
Article 16 – paragraph 1

1. The recipients of Union funding shall acknowledge the origin and ensure ~~the~~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 63 #

Proposal for a regulation
Article 16 – paragraph 2

2. The Commission shall regularly implement information and communication actions relating to the Instrument, and its actions and results as part of the work programmes as referred to in Article 11. 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.

Amendment 64 #

Proposal for a regulation
Annex II – point 1 a (new)

1 a. 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 65 #

Proposal for a regulation
Annex II – point 1 b (new)

1 b. 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

source: 629.722

2018/11/14 IMCO 77 amendments...

Amendment 10 #

Arndt KOHN, Nicola DANTI

Proposal for a regulation
Recital 2

(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 harmonised and 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, overall digitalisation and potential vulnerabilities as regards cyber attacks, sabotage, manipulation of data or industrial espionage, 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. In view of differences in availability of customs control equipment between the Member States, measures should be taken in particular to ensure that goods are subject to uniform controls upon their entry into the customs territory of the Union in order to avoid “port-shopping” by custom fraudsters.

Amendment 11 #

Morten LØKKEGAARD, Dita CHARANZOVÁ, Jasenko SELIMOVIC

Proposal for a regulation
Recital 2

(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, and different administrative cultures, but in some cases it is also due to a precise intention by custom authorities to favour their entry point at the detriment of other EU poinrts.

Amendment 12 #

Proposal for a regulation
Recital 2

(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. To ensure that the overall strength is increased as well as convergence in the performance of customs control by Member States, a clear definition of and strategy related to the weakest points is required.

Amendment 13 #

Proposal for a regulation
Recital 2

(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 that can assure the digitalisation of the controls and inspections. 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.

Amendment 14 #

Morten LØKKEGAARD, Dita CHARANZOVÁ, Jasenko SELIMOVIC

Proposal for a regulation
Recital 2 a (new)

(2 a) 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.

Amendment 15 #

Proposal for a regulation
Recital 2 a (new)

(2 a) An inventory and equipment assessment at the EU land border by CELBET, the Central and South-Eastern Land Border Expert Team, took two years to complete. Whereas a similar assessment of EU’s ports, airports and postal hubs is not yet launched and its findings cannot be used as a basis for a standardisation for other types of customs control points.

Amendment 16 #

Morten LØKKEGAARD, Dita CHARANZOVÁ, Nadja HIRSCH

Proposal for a regulation
Recital 2 b (new)

(2 b) The Parliament expressed grave concerns on the imbalances of customs controls at different Union entry points in its 2016/2075 Resolution of 7 april 2017 on the evaluation of external aspects of the customs performance and management as a tool to facilitate trade and fight illicit trade;

Amendment 17 #

Proposal for a regulation
Recital 3

(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 conclusions18 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 18 #

Proposal for a regulation
Recital 3 a (new)

(3 a) There is no system in place for identifying and monitoring differences in customs controls and how customs authorities treat economic operators. Therefore beneficiaries of actions under this instrument may be subject to comparative monitoring by the Commission;

Amendment 19 #

Proposal for a regulation
Recital 5

(5) Supporting the creation of an adequate and equivalent level of customs controls at the Union’s external borders allows maximising the benefits of the customs union with a view to the long- term aim that all customs administrations in the EU work together as if they were one. A dedicated Union intervention for customs control equipment correcting current imbalances would moreover contribute to the overall cohesion between Member States. In view of the challenges facing the world, in particular the continued need to protect the financial and economic interests of the Union and its Member States while easing the flow of legitimate trade, the availability ~~of modern~~and proper functioning of modern, state-of- the-art, secure, cyber-resilient, safe, environment-friendly and reliable control equipment at the external borders is indispensable.

Amendment 20 #

Proposal for a regulation
Recital 5

(5) Supporting the creation of an harmonized, adequate and equivalent level of customs controls at the Union’s external borders allows maximising the benefits of the customs union. A dedicated Union intervention for customs control equipment correcting current imbalances would moreover contribute to the overall cohesion between Member States. In view of the challenges facing the world, in particular the continued need to protect the financial and economic interests of the Union and its Member States while easing the flow of legitimate trade, the availability of modern and reliable control equipment at the external borders is indispensable.

Amendment 21 #

Morten LØKKEGAARD, Dita CHARANZOVÁ, Jasenko SELIMOVIC

Proposal for a regulation
Recital 6

(6) It is therefore opportune to establish a new Instrument for financial support for customs control equipment that will ensure the detection of counterfeited goods and price dumping practices.

Amendment 22 #

Proposal for a regulation
Recital 6

(6) It is therefore opportune to establish a new Instrument for financial support for customs control equipment. Already existing formulas of financial support should be considered.

Amendment 23 #

Morten LØKKEGAARD, Dita CHARANZOVÁ, Jasenko SELIMOVIC, Nadja HIRSCH

Proposal for a regulation
Recital 7

(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, including on 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 24 #

Morten LØKKEGAARD, Dita CHARANZOVÁ, Jasenko SELIMOVIC

Proposal for a regulation
Recital 7

(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, while considering cybersecurity.

Amendment 25 #

Proposal for a regulation
Recital 11

(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 management21 , for the European Parliament and the Council during the annual budgetary procedure. To secure budgetary discipline, the conditions for how the grants will be prioritized should be clear, defined and based on identified needs for the tasks performed by Customs Points.

Amendment 26 #

Morten LØKKEGAARD, Dita CHARANZOVÁ, Jasenko SELIMOVIC

Proposal for a regulation
Recital 11 a (new)

(11 a) It should be noted that the financial envelope for this instrument was established prior to the finalisation of an assessment of needs.

Amendment 27 #

Proposal for a regulation
Recital 13

(13) Regulation (EU) [2018/XXX] of the European Parliament and of the Council23 establishes the "Customs" programme for cooperation in the field of customs to support the customs union and customs authorities. In order to preserve the coherence and horizontal coordination of cooperation actions, it is appropriate to implement all of them under one single legal act and set of rules. Therefore, only the purchase, maintenance and upgrade of the eligible customs control equipment should be supported under this Instrument while the Customs programme for cooperation in the field of customs should support related actions, such as cooperation actions for the assessment of needs or training relating to the equipment concerned~~. __________________ 23~~ and the establishing of common control procedures. __________________ 23 COM(2018) 442. COM(2018) 442.

Amendment 28 #

Proposal for a regulation
Recital 13 a (new)

(13 a) The purchase of software that is needed to perform tight border controls should be eligible for funding; software that can be used in all Member States should be encouraged in order to facilitate exchange of data.

Amendment 29 #

Proposal for a regulation
Recital 13 a (new)

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

Amendment 30 #

Proposal for a regulation
Recital 13 b (new)

(13 b) 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 shall be in full control of this data.

Amendment 31 #

Proposal for a regulation
Recital 13 c (new)

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

Amendment 32 #

Morten LØKKEGAARD, Dita CHARANZOVÁ, Jasenko SELIMOVIC, Nadja HIRSCH

Proposal for a regulation
Recital 13 d (new)

(13 d) When replacing old customs control equipment by the means of this Instrument, Member States are responsible for environment friendly disposal of old customs control equipment.

Amendment 33 #

Proposal for a regulation
Recital 15

(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]25 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) 2016/162426, 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 permanent custody of the designated customs point that owns the equipment, a clear definition of co- sharing and interoperability between customs and border authorities shall be prepared.

Amendment 34 #

Proposal for a regulation
Recital 15

(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]25 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 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) 2016/162426, 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. __________________ 25 COM(2018) 473. COM(2018) 473. 26 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).

Amendment 35 #

Morten LØKKEGAARD, Dita CHARANZOVÁ, Jasenko SELIMOVIC, Nadja HIRSCH

Proposal for a regulation
Recital 15

(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]25 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~~other tasks carried out at borders. 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) 2016/162426, 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. __________________ 25 COM(2018) 473. 26 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).

Amendment 36 #

Proposal for a regulation
Recital 16

(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 an EU fund for the acquisition of the same equipment, that contribution or support shall be listed in the application.

Amendment 37 #

Morten LØKKEGAARD, Dita CHARANZOVÁ

Proposal for a regulation
Recital 17

(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 EU's strategic interests are preserved, Member States are encouraged to carefully consider cybersecurity and the risks to potential exposure of sensitive data outside the EU when tendering for new customs control equipment.

Amendment 38 #

Proposal for a regulation
Recital 19

Amendment 39 #

Proposal for a regulation
Recital 19

Amendment 40 #

Proposal for a regulation
Recital 20

(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. Reporting requirements should include some information on customs control equipment beyond a certain cost threshold.

Amendment 41 #

Proposal for a regulation
Article 3 – paragraph 1

Amendment 42 #

Proposal for a regulation
Article 3 – paragraph 2

Amendment 43 #

Morten LØKKEGAARD, Dita CHARANZOVÁ, Jasenko SELIMOVIC, Nadja HIRSCH

Proposal for a regulation
Article 3 – paragraph 2

Amendment 44 #

Proposal for a regulation
Article 3 – paragraph 2

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. An additional objective is to improve equivalence in the performances of customs controls throughout Member States to avoid the diversion of goods towards weaker points in the EU.

Amendment 45 #

Proposal for a regulation
Article 4 – paragraph 1

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 46 #

Proposal for a regulation
Article 4 – paragraph 2

2. The amount referred to in paragraph 1 may also cover expenses for preparation, monitoring, control, audit, evaluation, training 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, exchange of data between involved Member States 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.

Amendment 47 #

Proposal for a regulation
Article 6 – paragraph 1 – point b – introductory part

(b) support the purchase, maintenance and upgrade of customs controls equipment and software that has one or more of the following customs control purposes:

Amendment 48 #

Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)

(b a) support the purchase, maintenance and upgrade of customs controls equipment that meet optimal security, including cybersecurity, safety, environmental and health standards.

Amendment 49 #

Proposal for a regulation
Article 6 – paragraph 1 a (new)

Amendment 50 #

Morten LØKKEGAARD, Dita CHARANZOVÁ, Jasenko SELIMOVIC, Nadja HIRSCH

Proposal for a regulation
Article 6 – paragraph 3

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 51 #

Proposal for a regulation
Article 6 – paragraph 4

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.

Amendment 52 #

Proposal for a regulation
Article 6 – paragraph 4

Amendment 53 #

Proposal for a regulation
Article 6 – paragraph 4 a (new)

4 a. The Commission may, where deemed appropriate especially on data security grounds, limit the financing under this Instrument to the purchase of equipment manufactured in the European Union;

Amendment 54 #

Proposal for a regulation
Article 8 – paragraph 1

1. The Instrument may finance up to 8100% of the total eligible costs of an action.

Amendment 55 #

Morten LØKKEGAARD, Dita CHARANZOVÁ, Jasenko SELIMOVIC

Proposal for a regulation
Article 8 – paragraph 2

~~2. Any funding in excess of that ceiling shall only be granted in duly justified exceptional circumstances.~~deleted

Amendment 56 #

Proposal for a regulation
Article 9 – paragraph 1 – point a a (new)

(a a) Costs relating to training or the upgrading of skills necessary for the use of the equipment;

Amendment 57 #

Inese VAIDERE

Proposal for a regulation
Article 9 – paragraph 1 – point c

(c) costs associated with electronic systems, with the exception of software 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 58 #

Proposal for a regulation
Article 9 – paragraph 1 – point c

(c) costs associated with electronic systems, with the exception of software and software updates directly necessary to use the customs control equipment;

Amendment 59 #

Morten LØKKEGAARD, Dita CHARANZOVÁ, Jasenko SELIMOVIC

Proposal for a regulation
Article 9 – paragraph 1 – point d

(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 60 #

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 – introductory part

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~~:

Amendment 61 #

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 – point b

(b) an exhaustive inventory of available and functional customs control equipment;

Amendment 62 #

Morten LØKKEGAARD, Dita CHARANZOVÁ

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 – point c

(c) a common definition of a minimum ~~and an optim~~technical standard of customs control equipment by reference to the category of border crossing points ~~and~~;

Amendment 63 #

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 – point c

(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

Amendment 64 #

Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1 – point c a (new)

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

Amendment 65 #

Proposal for a regulation
Article 12 – paragraph -1 (new)

-1. The Commission shall verify and compare the quality of customs controls between entry points that are beneficiaries of actions under this fund;

Amendment 66 #

Proposal for a regulation
Article 12 – paragraph 2

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 and quantitative information on performance of the Programme.

Amendment 67 #

Proposal for a regulation
Article 12 – paragraph 3

Amendment 68 #

Proposal for a regulation
Article 12 – paragraph 4 a (new)

4 a. The Commission shall report yearly to the European Parliament competent committee on the implementation and effectiveness of this fund. The report shall also include a comparison of efficacy of customs controls between the entry points beneficiaries of this fund;

Amendment 69 #

Proposal for a regulation
Article 13 – paragraph 1

1. Evaluations shall assess the Instrument programme's results, impact, effectiveness and efficiency and they shall be carried out in a timely manner to feed into the decision- making process.

Amendment 7 #

Proposal for a regulation
Recital 1

(1) The 2 140 customs offices17 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. __________________ 17 Annex of the Annual 2016 Report of the Customs Union Performance available on: https://ec.europa.eu/info/publications/annu al-activity-report-2016-taxation-and- customs-union_en.

Amendment 70 #

Proposal for a regulation
Article 13 – paragraph 2

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~~three years after the start of the implementation of the Instrument.

Amendment 71 #

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 a (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 72 #

Proposal for a regulation
Article 13 – paragraph 3

Amendment 73 #

Proposal for a regulation
Article 13 – paragraph 4

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 74 #

Proposal for a regulation
Article 16 – paragraph 1

Amendment 75 #

Proposal for a regulation
Article 16 – paragraph 2

Amendment 76 #

Proposal for a regulation
Article 16 – paragraph 2

2. The Commission shall implement information and communication actions relating to the Instrument, and its actions and results in order to ensure the transparency. 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.

Amendment 77 #

Proposal for a regulation
Annex I – column 3 – row 1

Containers, trucks, rail wagons and vehicles

Amendment 78 #

Proposal for a regulation
Annex I – column 3 – row 3

Passenger baggage: hold and carry-on baggage

Amendment 79 #

Proposal for a regulation
Annex I – column 3 – row 3 a (new)

Vehicles

Amendment 8 #

Proposal for a regulation
Recital 1

(1) The 2 140 customs offices17 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 harmonized, 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. __________________ 17 Annex of the Annual 2016 Report of the Customs Union Performance available on: https://ec.europa.eu/info/publications/annu al-activity-report-2016-taxation-and- customs-union_en.

Amendment 80 #

Proposal for a regulation
Annex I – column 2 – row 5

X-ray based backscatter portal

Amendment 81 #

Proposal for a regulation
Annex I – column 2 – row 6 a (new)

Millimetre wave-based security scanner

Amendment 82 #

Proposal for a regulation
Annex II – point 1 a (new)

Amendment 83 #

Proposal for a regulation
Annex II – point 1 b (new)

Amendment 9 #