Activities of Arndt KOHN related to 2018/0258(COD)
Plenary speeches (1)
Establishing the 'Customs' programme for cooperation in the field of customs - Establishing the instrument for financial support for customs control equipment (debate) DE
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing, as part of the Integrated Border Management Fund, the instrument for financial support for customs control equipment PDF (930 KB) DOC (150 KB)
Amendments (64)
Amendment 9 #
Proposal for a regulation
Recital 1 a (new)
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. __________________ 17a P8_TA(2018)0075 : The next MFF: Preparing the Parliament’s position on the MFF post-2020
Amendment 10 #
Proposal for a regulation
Recital 2
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 15 #
Proposal for a regulation
Recital 1
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 17 #
Proposal for a regulation
Recital 1 a (new)
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
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
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 19 #
Proposal for a regulation
Recital 5
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 modernand 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 21 #
Proposal for a regulation
Recital 5
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 modernand 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 24 #
Proposal for a regulation
Recital 13 a (new)
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)
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)
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)
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 29 #
Proposal for a regulation
Recital 15
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 securityother 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 29 #
Proposal for a regulation
Recital 13 a (new)
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 16 a (new)
Recital 16 a (new)
(16 a) The European Commission shall incentivise joint procurement and testing of customs control equipment between Member States.
Amendment 30 #
Proposal for a regulation
Recital 13 b (new)
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)
Recital 13 c (new)
(13 c) Customs control equipment financed under this Instrument should contribute to providing optimal customs risk management.
Amendment 32 #
Proposal for a regulation
Recital 13 d (new)
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 20
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 35 #
Proposal for a regulation
Article 3 – paragraph 1
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 35 #
Proposal for a regulation
Recital 15
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 securityother 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
Article 3 – paragraph 2
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, secure, cyber- resilient, safe, environmental-friendly and reliable customs control equipment.
Amendment 40 #
Proposal for a regulation
Recital 20
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 6 – paragraph 1 – point b a (new)
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 41 #
Proposal for a regulation
Article 3 – paragraph 1
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 42 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
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 3 – paragraph 2
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, secure, cyber- resilient, safe, environmental-friendly and reliable customs control equipment.
Amendment 44 #
Proposal for a regulation
Article 6 – paragraph 3
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
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 if necessary to comply with the Instrument's general and specific objectives outlined in Article 3.
Amendment 45 #
Proposal for a regulation
Article 4 – paragraph 1
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 6 – paragraph 4 a (new)
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)
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
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 48 #
Proposal for a regulation
Article 6 – paragraph 1 – point b a (new)
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)
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 50 #
Proposal for a regulation
Article 6 – paragraph 3
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 12 – paragraph 3
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 #
Proposal for a regulation
Article 6 – paragraph 4
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 if necessary to comply with the Instrument's general and specific objectives outlined in Article 3.
Amendment 57 #
Proposal for a regulation
Article 13 – paragraph 1
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
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 fourthree years after the start of the implementation of the Instrument.
Amendment 58 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
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 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 (new)
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 59 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
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 13 – paragraph 3
Article 13 – paragraph 3
3. At the end of the implementation of the Instrument, but no later than fourthree 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 62 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure themaximum 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
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)
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)
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
Amendment 66 #
Proposal for a regulation
Article 12 – paragraph 2
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
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 69 #
Proposal for a regulation
Article 13 – paragraph 1
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 70 #
Proposal for a regulation
Article 13 – paragraph 2
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 fourthree years after the start of the implementation of the Instrument.
Amendment 71 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 a (new)
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
Article 13 – paragraph 3
3. At the end of the implementation of the Instrument, but no later than fourthree 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 73 #
Proposal for a regulation
Article 13 – paragraph 4
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
Article 16 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure themaximum 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 75 #
Proposal for a regulation
Article 16 – paragraph 2
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 77 #
Proposal for a regulation
Annex I – column 3 – row 1
Annex I – column 3 – row 1
Containers, trucks, rail wagons and vehicles
Amendment 78 #
Proposal for a regulation
Annex I – column 3 – row 3
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)
Annex I – column 3 – row 3 a (new)
Vehicles
Amendment 80 #
Proposal for a regulation
Annex I – column 2 – row 5
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)
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)
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 83 #
Proposal for a regulation
Annex II – point 1 b (new)
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