Select Committee on European Scrutiny Fifteenth Report


8 Customs

(27108)

15381/05 +

ADDs 1-2

COM(05) 609

Draft Decision on a paperless environment for customs and trade — Implementing the Community Lisbon programme

Legal baseArticles 95 and 135 EC; co-decision; QMV
DepartmentRevenue and Customs
Basis of considerationMinister's letter of 8 March 2007
Previous Committee ReportHC 34-xvii (2005-06), para 5 (1 February 2006), HC 34-xxxi (2005-06), para 7 (14 June 2006) and HC 41-x (2006-07), para 6 (21 February 2007)
To be discussed in CouncilECOFIN Council 27 March 2007
Committee's assessmentPolitically important
Committee's decisionCleared

Background

8.1 The Community Customs Code, which establishes the general rules and procedures applicable to goods brought into or out of the customs territory of the Community, was set out in Regulation (EEC) No 2913/92. Since 1992 the Code has had some limited amendments but it has not kept abreast of recent changes in the global trading environment.

8.2 We have under scrutiny a draft Regulation which is a complete revision of the Community Customs Code, designed to modernise and simplify it and to make it compatible with operational changes in international trade, the greater use of electronic communications and the evolving role of customs authorities.[35] The draft Decision in this document, which has been under consideration in conjunction with the draft Regulation, is intended to promote implementation of interoperable and accessible automated customs systems that are coordinated across the Community, committing the Commission and Member States to re-engineer customs activity for the electronic age within specific timescales, in order to achieve the objective of a simple and paperless environment for customs and trade. The intention is to establish electronic interfaces for traders with Member States' systems. Responsibility for implementation is to be shared between the Commission and Member States.

8.3 When we considered these documents in February 2006 we said these were important proposals which could lead to significant improvements for traders in regard to customs. However we commented that before considering the documents further we should like additional information. In relation to the draft Decision this related to the likely costs of implementation. In June 2006 we reported further information about the likely costs of implementation. In February 2007 we reported further information about both documents, including that work on the technical and functional specifications of the IT systems was ongoing and that, understandably, until this work was finalised the Government could not refine further the estimates already given to us.

8.4 Furthermore, in relation to the draft Decision, we were told that there was the possibility of more rapid progress on this than on the draft Regulation, but that discussion in the Council's Customs Union Group (CUG) of the draft Decision had led to substantial amendment of important elements relating to implementation timescales. The German Presidency would be carrying discussions forward with a view to CUG agreement on text to be transmitted to the European Parliament.[36]

The Minister's letter

8.5 The Paymaster General (Dawn Primarolo) tells us now that, although CUG discussions of the draft Regulation continue, the group has reached a common position on a revised text of the draft Decision for adoption by the Council. She says this revised text is an excellent result for both UK businesses and the Government and was only achieved after extensive lobbying. The Minister says the redraft:

  • removes many of the previous fixed deadlines;
  • requires Member States and the Commission only to "endeavour" to establish many of the projects within a specified time frame, and only then after a positive evaluation;
  • removes entirely any deadline for establishing "single window" services;
  • has revised timelines which better reflect the practicalities of designing and building complex IT projects and has the necessary lead-in times for roll-out and testing; and
  • provides for projects to be abandoned at the evaluation stage before any substantial investment has been made.

8.6 Recalling that the European Parliament has already agreed the original proposal without amendment, the Minister comments that there is a risk that it will be disappointed by the removal of the deadlines, feeling that this is disadvantageous to businesses. But she says:

  • UK businesses shared the Government's view that the original deadlines were ambitious in the extreme;
  • the Government will be lobbying European Parliament committee members to persuade them that it is in the best interest of businesses and customs administrations alike to take the more flexible approach set out in the latest text; and
  • it will resist any attempt to reintroduce more stringent deadlines.

Conclusion

8.7 We are grateful to the Minister for this information on where matters stand on this proposal, particularly in regard to the improved timetable in the text to be sent to the European Parliament. We have no further questions to ask on this matter and clear the document.

8.8 However we remind the Minister that the draft Regulation remains under scrutiny and that we await her response, in due course, on the outstanding issues relating to it.


35   (27107) 15380/05 ADDs 1 & 2: see headnote. Note that the documents 15381/05 ADDs 1 & 2 are the same as 15380/05 ADDs 1 & 2. Back

36   See headnote. Back


 
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