Activities of Marcus PRETZELL related to 2018/0040(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 952/2013 to prolong the transitional use of means other than the electronic data-processing techniques provided for in the Union Customs Code PDF (472 KB) DOC (84 KB)
Amendments (11)
Amendment 7 #
Draft legislative resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission, firstly, to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal and, secondly, to keep Parliament constantly informed about whether interim objectives have been attained within the prescribed deadlines for the new binding planning schedule and, if so, which objectives;
Amendment 8 #
Proposal for a regulation
Recital 1
Recital 1
(1) Under Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code8 (the Code), all exchanges of information between customs authorities and between economic operators and customs authorities, and the storage of such information, are to be made using electronic data-processing techniques. In order to protect these data, and in particular those of economic operators, and the exchange of such data, the utmost importance should be attached to data protection and security against hacker attacks in the selection, design and management of the electronic systems to be set up for this purpose. _________________ 8 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 9 #
Proposal for a regulation
Recital 3
Recital 3
(3) In accordance with the Code, Member States are to cooperate with the Commission to develop, maintain and employ electronic systems for the exchange and the storage of customs information and t. These systems must be mutually compatible and have appropriate and secure interfaces, so that exchanges between these systems work smoothly in terms of data technology and these systems are also highly immune to hacker and cyber-attacks. The Commission is toshould draw up a work programme relating toof specific obligations with binding deadlines for the individual subtasks and interim objectives for the development and deployment of thoese electronic systems.
Amendment 10 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Work Programme has been established by Commission Implementing Decision (EU) 2016/5789 and has probably therefore been overtaken by technological progress and is totally obsolete. It contains a list of seventeen electronic systems that must be developed for the application of the Code, either by the Member States alone (in the case of systems to be managed at national level - "national systems") or by the Member States and the Commission in close collaboration (in the case of Union- wide systems, some of which consist both of Union-wide components and national components - "trans-European systems"). For this reason, and because of the relentless pace of technical progress, the Commission is invited to draw up a programme of specific obligations with binding deadlines for the subtasks and interim objectives, ensuring that the 17 electronic systems in question are state of the art, mutually compatible, invulnerable to hacker attacks and cyber-crime, especially their interfaces, the number of which is therefore to be kept as low as possible. The Work Programme should then be replaced by this programme of specific obligations, which should be continuously updated to keep abreast of the pace of technological progress. _________________ 9 Commission Implementing Decision (EU) 2016/578 of 11 April 2016 establishing the Work Programme relating to the development and deployment of the electronic systems provided for in the Union Customs Code (OJ L 99, 15.4.2016, p. 6).
Amendment 11 #
Proposal for a regulation
Recital 5
Recital 5
(5) The programme of specific obligations which is hierarchically superior to the Work Programme sets out the planning schedule, including all binding deadlines, also for the implementation of those national and trans- European systems.
Amendment 13 #
Proposal for a regulation
Recital 6
Recital 6
(6) There are many challenges in setting up all the necessary electronic systems by 2020 both for the Commission and for the Member States. First, in some cases, h Commission and the Member States should have known that this task, the setting up all the necessary electronic systems by 2020, was a major challenge. Harmonising the data elements on the basis of internationally accepted data models as required by the Code demandsin some cases demanded not only a full reprogramming of existing electronic systems and, but also investments both in financial terms and in terms of time that are greater than foreseen at the time of adoption of the Code. Second, as the electronic systems are closely intAnother important point is to respect the correct orderl inked, introducing them in the right order is important electronic systems as they are closely interlinked. Delays in the development of one system will therefore unavoidably lead to delays in the development of others. ThirdHowever, the Code (including the end date for transitional measures on 31 December 2020) was already adopted in 2013 while the rules supplementing and implementing it, namely Commission Delegated Regulation (EU) 2015/244610, Commission Implementing Regulation (EU) 2015/244711 and Commission Delegated Regulation (EU) 2016/34112, were only adopted in 2015 and 2016. The European Parliament disapproves of the fact that discussions on those rules took much longer than expected and this in turn has caused a delay in setting out the functional and technical specifications necessary for the development of the electronic systems. All of these delays suggest that the rules on the basis of which the electronic systems were designed, developed and set up, as well as the systems themselves, are now completely obsolete and lag far behind the current state of technical progress and therefore pose an unquantifiable but high risk for data security. _________________ 10 Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1). 11 Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558). 12 Commission Delegated Regulation (EU) 2016/341 of 17 December 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards transitional rules for certain provisions of the Union Customs Code where the relevant electronic systems are not yet operational and amending Delegated Regulation (EU) 2015/2446 (OJ L 69, 15.3.2016, p. 1).
Amendment 16 #
Proposal for a regulation
Recital 7
Recital 7
(7) It has become evidentThe European Parliament also notes with disapproval the information provided by the Commission that, while most systems will be deployed by 2020, others can only be partially completed by that date, as this shows a lack of responsibility in dealing with the budget.
Amendment 18 #
Proposal for a regulation
Recital 8
Recital 8
(8) The Commission, after having consulted Member States and economic operators, therefore proposes that work should continue after 31 December 2020 on two groups of systems. A first group consists of existing electronic systems that must be upgraded to take account of certain requirements of the Code, such as the harmonisation of the requirements on data to be input into the systems. This group consists of three trans-European systems (the system dealing with Entry Summary Declarations, the system dealing with external and internal transit and the system dealing with goods taken out of the customs territory of the Union) as well as the National Export System (including the export component of the national Special Procedures System). The second group consists of three new trans-European electronic systems (the systems concerning guarantees for a potential or existing customs debt, the customs status of goods and centralised clearance). The Commission, in partnership with the Member States, has drawn up a detailed timetable with a view to deploying those systems over a period up to the end of 2025 which the Commission has drawn up in cooperation with the Member States, must be accompanied by binding deadlines for all subtasks and interim objectives, if this has not yet been done, and be disclosed to the European Parliament. In addition, the Commission is called upon to inform the European Parliament, unsolicited, at each (interim) deadline, about the progress made by the ongoing work.
Amendment 22 #
Proposal for a regulation
Recital 9
Recital 9
(9) In line with the newchange in planning necessitated by circumstances for the development of the electronic systems, the period laid down in the Code during which means for the exchange and storage of information, other than the electronic data- processing techniques referred to in Article 6(1) of the Code, may be used on a transitional basis, should also be extended to 2025 as regards those two groups of electronic systems, as a last resort, but only up to 2025 at the latest.
Amendment 24 #
Proposal for a regulation
Recital 10
Recital 10
(10) With regard to the other systems to be set up for the purposes of implementing the Code, the general end date of 31 December 2020 for the use of means for the exchange and storage of information other than the electronic data-processing techniques referred to in Article 6(1) of the Code should continues to apply unchanged.
Amendment 25 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 952/2013
Article 278 – paragraph 2
Article 278 – paragraph 2
2. Means other than the electronic data-processing techniques referred to in Article 6(1) may be used on a transitional basis, until 31 December 2025 at the very latest, where the electronic systems which are necessary for the application of the following provisions of the Code are not yet operational: