12 Customs
| (24790)
11837/03
COM(03) 452
| Commission Communication on a simple and paperless environment for customs and trade.
Commission Communication on the role of customs in the integrated management of external borders.
Draft Regulation to amend Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code.
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| Legal base | (For the draft Regulation) Articles 26, 95, 133 and 135 EC; co-decision; QMV
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| Department | HM Customs and Excise
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| Basis of consideration | Minister's letter of 20 November 2003
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| Previous Committee Report | HC 63-xxxi (2002-03), paragraph 3 (10 September 2003)
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| To be discussed in Council | Not known
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| Committee's assessment | Legally and politically important
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| Committee's decision | Cleared
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Background
12.1 In September 2003 we considered, but did not clear, a three-part
document. In the first part the Commission suggests simplification
and rationalisation of customs regulations and procedures, proposing
an electronic, paperless environment for customs and trade. In
the second part the Commission proposes rationalisation of the
management of customs controls through a common strategy for goods.
The third part of the document is a draft Regulation to amend
the Community Customs Code Regulation. We welcomed the intention
both to simplify customs procedures and to rationalise the customs
role in the management of the Community's external borders. But
we were concerned to know the Information Commissioner's view
of the draft Regulation allowing access by non-customs agencies
to the electronically-based information of customs administrations.
The Minister's letter
12.2 The Paymaster General (Dawn Primarolo) sends us the response
of the Information Commissioner and says:
"The Information Commissioner is broadly content with
the proposals relating to data protection, subject to a few observations,
which I summarise below together with the Government's comments.
"Comments of the Information Commissioner
— Paragraphs 2 and 3
"The Information Commissioner mentions paragraph
4 of the Recital [of the draft Regulation], stating that he is
unsure how far the communication of data under Article 15 [of
the draft Regulation] will cover 'personal data' and that if it
does then the personal data communicated should be the minimum
required to achieve the intended purpose. However, he is content
that data provisions already in force will cover this point. The
Government shares that view and confirms that any data communicated
would be the minimum necessary. The Government accepts his point
that the phrase 'in order to protect the security of citizens
and businesses, or to prevent or detect irregularities' could
be interpreted widely and so will propose his suggested amendment
to substitute 'crime' for 'irregularities'.
"Comments of the Information Commissioner
— Paragraph 4
"As the Information Commissioner notes,
the existing Article 15 [of the Community Customs Code Regulation]
already contains the requirement to obtain the permission from
those who provide such information before disclosure. The Government
already operates according to this principle.
"Comments of the Information Commissioner
— Paragraph 5
"The Information Commissioner's final observation
relates to the statement in the amending Regulation's Explanatory
Memorandum that the provisions on data protection in force will
continue to apply and wonders whether Article 15 reflects that.
In the Government's view, the final sentence of Article 15, paragraph
1 is intended to mean that Member States will need to take account
of any legislation already in force in respect of data protection
or in connection with legal proceedings when communicating information.
The Government is entirely content with this requirement."
12.3 The Minister also updates us on the two earlier
parts of the document. On the Commission Communication on a simple
and paperless environment for customs and trade she tells us that
the Italian Presidency has proposed a Council Resolution which
calls on Member States to:
- bring about improved co-operation
based principally on electronic data exchange between the customs
authorities and also between customs authorities and traders;
- work with the Commission to introduce certification
and acceptance of electronic signatures irrespective of the Member
State in which the trader is established;
- adapt national legislation, where necessary,
so that sanctions in the customs area support the new legislative
framework, ensuring that they are effective, proportionate and
dissuasive.
The resolution calls on the Commission to:
- draw up a multi-annual strategic
plan aimed at creating an electronic environment for the EU in
the field of customs and indirect taxation;
- draw up annual action plans, which evaluate the
feasibility of the projects involved in the multi-annual strategic
plan and monitor the implementation of these projects;
- provide, as far as possible, its financial, technical
and logistical support for implementation of these objectives.
12.4 As for the Commission Communication on the role
of customs in the integrated management of external borders, the
Minister says that the Italian Presidency has proposed Council
Conclusions (adopted on 4 November 2003) which are addressed both
to Member States and the Commission and call for:
- strengthening cooperation and
information exchange between agencies and operators, and increasing
cooperation with third countries, in particular those in neighbouring
areas;
- maximizing the effectiveness of the external
border controls of goods by concentrating on consignments that
pose a risk for safety and security, with other controls carried
out wherever customs clearance can best be effected;
- an equivalent level of protection at the external
border of the European Union through the development of common
risk criteria, leaving room for the application of appropriate
national or regional criteria;
- work towards integrated management of external
borders, ensuring a close cooperation between the services responsible
for the control of persons and those responsible for the control
of goods;
- an assessment of what control tools are considered
to be appropriate and exploration of ways in which they could
be financed;
- the necessary complementary legal, regulatory
and operational measures, where appropriate on the basis of Commission
proposals, to accomplish these objectives.
Conclusion
12.5 We are grateful to the Minister for her response
to our query about data protection and for the additional information
she has provided. We have no further questions to ask on this
document and now clear it.
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