Annexes to COM(2021)9 - Third Progress Report on the implementation of the EU Strategy and Action Plan for customs risk management - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)9 - Third Progress Report on the implementation of the EU Strategy and Action Plan for customs risk management. |
|---|---|
| document | COM(2021)9  |
| date | January 18, 2021 |
The Commission department responsible for customs matters is actively involved in the Security Union activities, and the Customs Cooperation Working Party has been addressing a number of relevant priority areas.
Safety
The Official Controls Regulation (EU) 2017/625 8 entered into force in December 2019 establishing an integrated approach to import controls of foodstuffs, feed and livestock. Furthermore, the Commission proposal for an EU Single Window Environment for Customs will allow collaborative processing, sharing and exchange of information and better risk assessment for government agencies.
Intellectual property rights (IPR)
In November 2020, the Commission adopted the IP Action Plan 9 , which aims, among others, to improve the enforcement of IPR, in particular by strengthening the capacity of law enforcement authorities, supporting Member States’ customs authorities in improving risk management and anti-fraud actions 10 , and establishing an EU Toolbox against counterfeiting. The Toolbox aims to (i) clarify roles and responsibilities of all involved players (right holders, suppliers, various sets of intermediaries 11 and public enforcement authorities, including customs authorities), and (ii) identify ways to reinforce cooperation between them, in particular on sharing of relevant data on goods and traders.
Improving cooperation with law enforcement authorities
A large majority of Member States are carrying out or have completed activities to improve cooperation with law enforcement authorities. This includes participating in projects and joint operations with Europol and national law enforcement agencies, cooperation agreements and information sharing, and cooperating to prepare for the implementation of ICS2.
Some Member States have however voiced difficulties - such as legal challenges, insufficient human and financial resources and lack of IT tools - that have kept them from implementing the desired actions or making more progress in cooperation with other authorities at Member State and EU level.
The European agenda on security
As gatekeeper for the flows of goods at the external EU borders, EU customs authorities play a crucial role in protecting the EU and its citizens, as well as protecting international supply chains from criminal activities and terrorist attacks. By implementing the EU strategy and action plan for customs risk management, the Commission contributes to the implementation of the European agenda on security. The new 2020-2025 EU Security Union Strategy 12 adopted on 27 July 2020 refers to the importance of a secure external border and the crucial role of customs in the fight against cross-border crime and terrorism. It also refers to the action plan ‘Taking the Customs Union to the next level’ adopted on 28 September 2020 13 , which has announced actions to strengthen risk management and to enhance internal security, including by assessing the feasibility of a link between relevant information systems for security risk analysis.
The Customs Cooperation Working Party (CCWP) Action Plan
The focus on IPR infringements continued under the CCWP’s 9th action plan (2018-2019) and activities in this domain are expected to continue under the next action plan.
Similarly, CCWP actions have been developed for environmental crimes. The 10th action plan for 2020-2021 includes actions focussed on the transboundary movement of hazardous and other waste, illegal trafficking in ozone-depleting substances and on trade restrictions, in order to promote environmental sustainability.
Customs authorities have also been integrated into the Serious and Organised Crime Threat Assessment (SOCTA) reporting mechanism through a dedicated CCWP action on the "‘Better integration of customs in the EU SOCTA’. The 10th CCWP Action Plan includes a specific follow-up action in this area.
At the same time the synergies between the EU Policy cycle 2018-2021 / EMPACT and the 10th CCWP Action Plan 2020-2021 are further strengthened with a view to align and, where appropriate, integrate CCWP actions under the EU Policy Cycle.
2.6.Objective 6 - Improving cooperation with trade
Cooperation between customs and trade has mainly improved thanks to the strengthening of the Authorised Economic Operator (AEO) concept. Member States have broadly expressed that the results of this EU programme - including increased access to and quality of data and the increased awareness of the AEO programme and enhanced cooperation and communication with trade - have led to better-focused control activities and to the facilitation of legitimate trade. A minority of customs administrations have encountered significant challenges that have kept them from implementing desired actions or making more progress in their cooperation with economic operators. The few challenges broadly concerned IT systems, lack of human capacity and expertise, and legislation - including GDPR.
Strengthening the EU AEO Programme
The Commission and the Member States have agreed on a comprehensive strategy and methodology to improve the robust implementation of the programme, including by strengthening the links to customs risk management. There is also a plan to increase further the understanding of the programme through awareness raising-strategies, which are to be jointly developed with traders.
These activities include in particular fact-finding visits by the Commission to all Member States to assess how the AEO programme is implemented and to identify best practices. These visits started in July 2019 but were put on hold in 2020 due to the COVID-19 situation. First findings include a number of best practices, which will be made available to all Member States.
Moreover, there are a number of weaknesses, which have also been identified by the European Court of Auditors (ECA), particularly as regards internal controls, monitoring, cooperation between AEO and risk management services, and the specific situation of express couriers/postal services. These topics will be need to be addressed through inter alia an amendment of the AEO Guidelines and - where necessary - the legal provisions.
The eAEO direct trader access
The AEO module (e-AEO) of the EU Customs Trader Portal, designed by the Commission together with the Member States, started operating on 1 October 2019 (for its first phase) and 16 December 2019 (for its second phase). It provides a single point of access to the AEO and BTI systems. It facilitates and speeds up the exchange of information, communications and notifications related to AEO applications, authorisations and their management processes as set out in in the UCC and related delegated and implementing acts. The module aims to harmonise the access to different EU customs systems for economic operators. All other EU customs systems are expected to connect to this portal in the near future.
2.7.Objective 7 - Tapping the potential offered by international customs cooperation
Cooperation and exchange of customs-related information with third countries play an important role in the area of the Customs Union and common commercial policy.
The Commission represents the EU in the World Customs Organisation (WCO), ensuring that EU principles and rules are embedded in international standards, in particular in areas of importance for customs risk management such as nomenclature and classification of goods, e‑commerce, and security and safety. The Commission also quite recently started actively participating in the revision of the Kyoto Convention and the Risk Management Compendium.
China Smart and Secure Trade Lane Pilot (SSTL)
During the recent period, the number of operators, SSTL ports and trade lanes has further increased and the pilot programme has been expanded to other transport modes under the current data exchange conditions. In particular, the number of rail lanes between the EU and China has expanded and several Member States have in addition started air lanes. Two e‑Commerce platforms have also joined the SSTL, thereby facilitating tackling high volume items.
AEO Mutual Recognition
The Commission has continued the implementation of the existing mutual recognition agreements with China, Japan, US, Norway and Switzerland. In addition, the Commission has engaged in negotiations with Canada on a mutual recognition agreement, and has undertaken preparatory steps with Singapore.
Bilateral customs security agreements
The Commission has made progress in negotiating amendments to the bilateral customs security agreements with Switzerland and Norway to align them with latest changes in EU law. The Commission has also worked intensively with Switzerland and Norway on their participation in the ICS2 system and on all related legal, operational processes for economic operators and contracting parties.
3.MONITORING SYSTEM
In its Conclusions of January 2019, the Council invited the Commission to develop, in close cooperation with the Member States, a performance and monitoring framework to monitor the strategy’s implementation more systematically and robustly in the future.
While the current strategy runs from 2014 to 2020, this monitoring framework needs to cover its successor. Though all the details of this future strategy are currently in preparation, it is likely to address and follow up on many of the issues identified in the current strategy. The Commission has developed a draft monitoring framework (see the Staff Working Document accompanying this report), but some operational aspects can only be defined when the new strategy is adopted.
CONCLUSIONS
This report and the accompanying Staff Working Document provide a picture of the state of implementation of the EU’s current customs risk management strategy and action plan as of end-2020. They show that significant progress has been made in the implementation of the Strategy and Action Plan since the publication of the previous report, both, by the Member States and the Commission. Member States have used the strategy to improve the management of customs risks and attribute many positive achievements to it. This includes increased awareness of risk management within national administrations and galvanised support for making risk management a bigger priority.
Despite this progress, there is a need to further strengthen procedures and obligations under the current framework. This includes: (i) making better use of existing data to enable more and better risk analysis; (ii) more effective procedures to deal with the increasing amount of goods arriving through e-commerce; (iii) clearer rules; (iv) a more stringent control response by Member States when risks have been identified at EU level and communicated to Member States; (v) more systematic cooperation with other authorities; and (vi) better monitoring systems for AEOs. At the same time, customs authorities need to provide proactive and innovative responses to address new challenges that jeopardise traditional customs risk management and control approaches
Risk analysis remains a crucial element of the efficiency of customs controls enabling customs authorities to target controls in a situation where the growing volume and pace of trade necessitate an even more than ever selective and targeted approach.
(1)
COM(2014) 527 final.
(2)
First Progress report on the implementation of the EU strategy and action plan for customs risk management. https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52016DC0476&from=EN (for the period 2015-2016).
(3)
Second progress report on the implementation of the EU strategy and action plan for customs risk management.: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52018DC0549&from=en (for the period 2017-2018).
(4) https://ec.europa.eu/digital-single-market/
(5) OJ L 286, 29.10.2008, p. 1.
(6) C(2018)3293 final.
(7) Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011. OJ L 169, 25.6.2019, p. 1-44.
(8) OJ L 95, 7.4.2017, p. 1.
(9) COM(2020)760.
(10) COM(2020) 581 final
(11) e.g. online platforms, social media, the advertising industry, payment services, domain name registrars/registries, and transport and logistics companies.
(12) COM(2020) 605 final.
(13) COM(2020) 581 final.