Transcript here

TRADE CONTACT GROUP meeting
Brussels, 11th May 2012
Item 4: Information on the Commission proposal for the Union
Customs Code (Recast) (COM(2012)064 of 20.2.2012)
Governance of the involvement of MS and trade experts in the process of
legal implementation of the UCC
Jean-Michel Grave
Head Of Unit
TAXUD, Unit A2
11/05/2012
Trade Contact Group meeting
Purpose
Propose a proper governance scheme to involve
Member States and trade experts in a
coordinated process of preparation and adoption
of the UCC Commission acts.
Expected outcome
Common understanding with stakeholders on
the governance scheme, based on the outcome
of UCC Ad Hoc HLSG 4 May & TCG 11 May and
subsequent comments.
1
Background
• Legal requirements to involve MS in the preparation
and/or adoption of the UCC-related Commission acts
+
• Repeated commitment from the Commission to consult
+
• Major interest of such involvement and prior consultation
for a proper preparation and future implementation of the
UCC
2
Structure of this presentation
• Guiding principles of the involvement of stakeholders
• Constraints
• Legal Framework
• The Union Customs Code
•
•
State of the legislative procedure
Timeline for the adoption and application
• The UCC – related Commission acts
measures of general scope)
(1 Delegated Act and 1Implementing Act for
• Timing - preparation and adoption of UCC related Commission
acts
• 3 main periods identified in respect of legal implementation of the
UCC
• Planning of actions
3
Guiding principles
•
Member States and trade experts must be involved in the preparation of
the UCC-related Commission acts, irrespective of their nature (D/I)
•
Distinction between the involvement of Member States at the stage of
the adoption of Commission acts on the basis of a UCC in force with
appropriate empowerments and at the stage of their preparation
•
Multiplication of bodies should be avoided and the use of joint meetings
(between various MS experts or between MS and trade) should be
favoured
•
Formulas should be found to involve MS and/or trade in the preparation
of both D/I acts, while complying with binding procedural
requirements at the stage for their adoption
•
Dependency: availability of appropriate resources
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Constraints
Commission’s commitment to consult MS experts:
• Communication from the Commission
• Common Understanding on Article 290 TFEU
• Recital (3) of the proposal
BUT
•
Different procedural requirements for DA and IA:
• DA: MS experts shall be formally consulted but the Customs Code
Committee (CCC) cannot be used for that purpose
• IA: MS shall give a formal opinion through a vote in the CCC
•
Link between the DA and the IA implying a synchronised preparation and
sequential adoption
•
Need to find structures that ensures the involvement of the
stakeholders and respects the legal constraints
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Legal framework - Proposal for the UCC
The proposal COM(2012)64 final for the Union Customs
Code (MCC recast) has been adopted and submitted to the
legislature by the Commission on 20 February 2012
State of the legislative
procedure
• Council - Working Party on Customs Union
• Presentation of the proposal, follow up on alignments
• „Supporting tools” – Non paper, table of changes
• Presidency’s deadline for MS written comments on 2 tables of
changes: 13.04.2012
• Next meeting: 22.05.2012
• European Parliament – IMCO (+ INTA, JURI)
• Presentation of the proposal by COM: 26 April 2012
• Future work in EP: 30/05 - exchange of views, 18/09 – draft report, 29/11 –
adoption in IMCO
• European Economic and Social Committee
• 08/05 – presentation, 23-24/05 – adoption by EESC
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Legal framework - Proposal for the UCC
Timeline for adoption and
application
• Entry into force of the recast Regulation 20 days after publication
(Art. 246 UCC) and at the latest on 24 June 2013;
• Date of application: date of entry into force for empowering
provisions & Art. 46 UCC on charges and costs, already applied; 18
months after entry into force for other provisions (Art. 247 UCC)
= 1 January 2015 at the latest
• IT work programme to be adopted by the Commission within 6
months of the entry into force (Art.17(1) UCC) : to be based on IT Master
Plan and updated MASP;
• End-date of transitional periods and measures to be applied
pending operational IT systems: 31 December 2020 (Art. 6(2)(c) UCC).
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Legal framework – UCC related Commission acts
Involvement of Member States’ and trade experts in the preparation of
Commission acts
Delegated act
General - Delegated act - Article 290 TFEU
• Adoption by the Commission, without entering into force;
• Notification to the European Parliament and the Council (Art 243 UCC: period for
objection 2 months with possible extension of further 2 months; potential ‘early approval’);
• Publication and entering into force in case of now objection from EP and Council.
Involvement of stakeholders
• Member States:
• Consultation of experts of all MS to be applied (Common Understanding on the adoption
of delegated acts and the Commission guidelines on Article 290 TFEU);
• Registered group of experts, ad hoc meetings (the committee can not be used);
• Parliament, Council
• Information about the proceedings and documents of the meetings to be sent;
• Possible request for invitation for the meetings.
• Trade representatives
• Consultation may include trade representatives;
• Priority given to the conclusions drawn up by the COM in the meeting with MS experts.
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Legal framework – UCC related Commission acts
Involvement of Member States’ and trade experts in the preparation of
Commission acts
Implementing act
General - Implementing act – Article 291 TFEU
• Adoption by the Commission;
• To be adopted after the entry into force of the delegated act as it may be linked
to provisions of the delegated act;
•
Member States:
•
Parliament, Council
•
Trade representatives
• Formal involvement in the process of adoption of implementing acts trough the
opinion of the committee;
• Information about the proceedings;
• Draft implementing acts to be sent;
• No presence at the meetings;
• Documents available in Comitology register;
• Consultation and collection of information, expertise on particular matters to be ensure;
• No permanent presence within the committee foreseen.
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Timing - preparation and adoption of UCC related
Commission acts
3 main periods identified for the preparation and adoption of
UCC related Commission acts
• Period 1: from now until January 2013 (start of the actual
preparation of the draft COM acts)
• Period 2: January 2013 – June 2013 (entry into force of
the UCC Regulation)
• Period 3: June 2013 – October 2014 (entry into force of
the Commission acts)
Pre-condition: the UCC is adopted in one single reading and enters into force at the latest
on 24/06/2013
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Q/A on the periods
•
Q1: Why having chosen January 2013 as the starting date of the
2nd Period?
A1: Drafting of DA/IA cannot start before the legislative procedure is far
enough advanced to provide stable perspectives on both empowerments
and content of UCC. And in order for the UCC proposal to be in force at
the latest in June 2013, an agreement between the institutions should be
found at the beginning of 2013 to be formalised by an adoption in April
•
Q2: Why having chosen October 2014 as the end date of the 3rd
period (entry into force of DA/IA)?
A2: UCC+DA/IA shall apply on 1 January 2015 at the latest. DA shall be
adopted 4 months before its entry into force to preserve the right of
objection (2+ possible 2 extra months) of Council & EP. Moreover it is
appropriate waiting for the entry into force of DA to adopt IA due to likely
dependencies between both. It was not considered realistic envisaging an
adoption of DA before June 2014 (= 1 year after entry into force of UCC).
That explains the choice of October 2014 as the date of entry into force of
DA/IA.
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Period 1 – from now until the start of the actual preparation
of the Commission acts
From now – until January 2013
•
•
Work to be done
•
•
Production, review, finalisation of BPMs on the basis of COM proposal
Continuation of the preparatory work on the Annexes (only concerning customs
•
COM proposal to be discussed only in Council and the EP
decisions and data requirements, annexes on BCP and transitional measures come in a later
phase)
Involvement of the stakeholders - Existing structure can be further used
•
Member States
•
Trade representatives
•
Possible joint meetings or actions:
• Customs Code Committee (GEN and specialised sections + possible joint meetings)
• Group of experts meeting (organised on ad-hoc basis or registered)
• Trade Contact Group meetings
– Involving both MS and trade (ECG+TCG, workshops)
– Involving both MS legal and IT experts (ECG+CCC Sections)
– Combining Ms and trade legal and IT experts
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Period 2 – from start of preparation of the draft Commission
acts until the entry into force of the UCC regulation
January 2013 – June 2013
Precondition: the UCC as discussed by the legislature provides a sufficiently
stable basis
• Work to be done
•
•
•
•
Start of preparation of UCC DA/IA (as far as the empowerments for their
adoption still do not legally exist);
Preparation to be based on the ‘frozen’ MCCIP, taking into account the
empowerments and the adjustments in the UCC proposal, as resulting from the
legislative procedure;
Preparation includes looking for appropriate solutions to remaining ‘open’ issues;
Work to be completed on the Annexes of both future acts
• Involvement of the stakeholders – the structures used in
period 1 can be further used
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Period 3 – from the entry into force of the UCC regulation
until entry into force of the Commission acts
June 2013 – October 2014
Objective: the adoption of the delegated and implementing acts in time for
their application together with the UCC
•
Work to be done
•
•
•
•
•
Drafting of UCC DA/IA;
Adoption of UCC DA/IA
Entry into force of Commission acts
Application of Commission acts
Involvement of the stakeholders
•
Member States
• Consultation of MS experts on draft DA (Group of experts and/or Ad Hoc
meetings: C2013 or budget line for expert groups)
• Opinion of MS on draft IA before their adoption by the Commission
•
Trade representatives
• Consultation in TCG
• May be invited to meetings of MS experts
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Practical arrangements
•
•
•
•
•
Existing or new registered expert group, beside CCC
Possible terms of references of the consultation
Possibility for ad-hoc expert meetings
Timely planned, structured organisation of meetings
Timely distribution of documentation
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Planning
2012
Launch 1st reading by Council
Launch 1st reading by EP
Period 1
Transmission to national
parliaments Council, EP and EESC
20/02/2012
DK pres
Adoption of the UCC proposal by COM
CY
pres
takes
over
2013
2014
2015
IE
pres
takes
over
1st Reading
DK Presidency written procedures
Interinstitutional contacts
(„Trilogue”) (Oct 12 – Jan 13)
13/04/2012
Adoption of UCC by Council after a
single reading
(April 2013)
Enter into for of the UCC
Regulation – (latest 24.06.2013)
Period
2
Position of EP at the 1st reading
and COM position (Feb 2013)
24/06/2013
Adoption of UCC DA (June 2014)
Adoption, publication and entry
into force of UCC IA (Oct 2014)
Period
3
Drafting UCC DA/IA
Application of UCC
Regulation
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Follow up
• Presentation to TCG – 11/05/2012
• Comments to be sent by MS and trade experts by
31/05/2012
• Preparation by TAXUD of a ‘Common
Understanding’ on the external governance of the
legal implementation of UCC to be endorsed by
CPG and TCG
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