Summary of discussions - Montesquieu Instituut

 

COUNCIL OFBrussels, 4 June 2010

THE EUROPEAN UNION

10481/10

ENFOCUSTOM 46

OUTCOME OF PROCEEDINGS

of:

Customs Cooperation Working Party (Experts and Plenary)

on: 11-12 May 2010

Subject: Summary of discussions

EXPERT MEETING

• 1. 

  Adoption of the agenda

The meeting adopted the agenda as set out in doc. CM 2778/10.

• 3. 

  Production and coordination mechanism of risk analysis products: presentation by SE

of the new Index

The Chair directed delegations' attention to the production and coordination mechanism of risk

analysis products (threat assessments and risk analyses) outlined in doc. 6843/10

ENFOCUSTOM 14 and the agreement reflected therein to discuss the drafting of risk analysis

products and to consider a possible update of the risk analysis Index once per Presidency by the

CCWP expert meeting.

The SE delegation presented a new Index for risk analysis products drawn up on the basis of

50 contributions by seven Member States. Customs authorities were invited to use the Index for

sharing risk analysis products and notify the Presidency in the future in case any updates to the

Index would be necessary. The Index would be distributed to delegations in an electronic format

shortly and uploaded to the JCO Library once it is operational pending the final decision about

the location of storing it.

• 4. 

  Threat assessment of IPR

The HU delegation presented the revised draft mandate for a threat assessment of intellectual

property rights (IPR), contained in doc. 7805/1/10 REV 1 ENFOCUSTOM 26. The document was

approved by the meeting subject to an amendment by the Commission.

The PL delegation would liaise with representatives of FRONTEX on the possibilities for the joint

operation. The Presidency would inform FRONTEX of the approach taken by the meeting by an

official letter.

• 6. 

  Update of the multiannual JCO Plan

The meeting took note of the overview of JCOs and other operations, contained in doc. 5105/2/10

REV 2 ENFOCUSTOM 4 RESTREINT UE.

• 7. 

  JCOs and other customs operations

7.1 Risk Area: Drugs

7.2 Risk Area: Tobacco and Tobacco Products

7.3 Risk Area: Money Laundering

7.4 Risk Area: Weapons of Mass Destruction

7.5 Risk Areas:

• - 

  Alcohol and alcoholic products
• - 

  Illicit trafficking and diversion of drug precursors
• - 

  Arms and ammunition
• - 

  Mineral oil
• - 

  IPR

The draft final report of the JCO Early Bird (9206/10 ENFOCUSTOM 32 RESTREINT UE) was

presented and agreed subject to an amendment suggested by the SI delegation.

• 8. 

  AOB

The Belgian delegation announced the dates of the first CCWP meeting during the incoming

Belgian Presidency: 6-7 July 2010 (expert and plenary session respectively).

PLENARY MEETING

• 1. 

  Adoption of the agenda

The meeting adopted the agenda as set out in doc. CM 2778/10 with the addition of an item by the

UK delegation under AOB.

• 2. 

  Information from the Presidency

The Chair outlined the items of relevance to customs administrations in the agenda of the recent

meetings of JHA Council, COSI, CATS, Ad Hoc Group on Information Exchange and CCWP.

(cf. doc. DS 1003/1/10 REV 1)

The FR delegation informed the meeting of the work led by the Commission's DG JLS to draw up

maps on information exchange in the framework of a ten-month action plan to implement the

Information Management Strategy, referring to the need to update the relevant documents with

more detailed information on the activities of customs authorities.

The Chair noted that two customs reports would be forwarded for approval to CATS on 18 May:

• - 

  Report on implementation of the third Action Plan to implement the strategy for customs

cooperation in the third pillar (July 2008 - December 2009) - doc. 9462/10

ENFOCUSTOM 35

Delegations were reminded of the forthcoming Seminar on Customs and Security in Valencia on

27-28 May 2010.

The SE delegation invited delegations to send by 26 May their contact point, including postal

address, for receiving a CD containing the Best Practice Guide on the five special forms of

cooperation under the Naples II Convention to the email address peter.krojs@tullverket.se (CD

is issued in all the official EU languages).

The SE delegation announced the 19th meeting of the heads of investigation/intelligence of

European customs authorities to be organised in cooperation with WCO on 4-5 November 2010

in Stockholm. A formal invitation would be sent out in due time.

A representative of the Commission presented customs related actions in the Commission

Communication "Delivering an area of freedom, security and justice for Europe's citizens - Action

Plan Implementing the Stockholm Programme" (COM (2010) 171 final) to be taken note of by the

JHA Council on 3-4 June 2010 through the approval of Council conclusions.

As a response to questions from the NL and DE delegations, the Commission representative pointed

out that as a result of the abolishment of the pillar system by the Lisbon Treaty the Stockholm

Programme Action Plan does not differentiate between measures that formerly belonged to different

pillars. Closer interservice consultation is therefore necessary both at national and EU level.

• 4. 

  Fourth Action Plan: January 2010 - June 2011

4.1 Situation report

The Chair presented the overview of Member States' participation in actions of the Fourth Action

Plan outlined in doc. DS 1058/3/10 REV 3. The FR delegation announced its intention to participate

in Action 4.3 and Europol in Action 4.1.

4.2. Update of ongoing actions

ACTION 4.9 To improve the exchange of information and intelligence between central

coordination units as well as the practical implementation of mutual assistance and

cooperation

The CZ delegation informed the meeting of the ongoing work related to Action 4.9 including

discussions with OLAF on uploading information on the JCO Library and access to the Library

by Member States.

A meeting of Central Coordination Units on 21-22 June in Brussels was announced. The CZ

delegation will distribute a detailed overview of the aims of the meeting, including a questionnaire,

prior to the meeting.

ACTION 4.7 To update the JCO Guide in the light to the revised solution and strategy

on customs cooperation

The SE delegation presented the draft mandate of Action 4.7 (doc. 5098/10 ENFOCUSTOM 2)

along with a proposal for a minor amendment in point 5. The mandate was approved.

• 5. 

  Trade based money laundering

The ES delegation made a presentation of the experience of the Spanish Customs and Excise

Department in countering money laundering made trough the international trade of goods.

• 6. 

  Operational cooperation among Customs administrations on investigations related to

transshipped maritime containers

The Spanish delegation presented a discussion paper on enhancing operational cooperation in the

field of investigations of illicit goods in transshipped maritime containers (doc. DS 1225/10).

A number of Member States supported the proposal to draft a CCWP operational recommendation

in this field.

It was agreed that this question would be discussed at the next CCU meeting to be held on

21-22 June under Action 4.9.

• 7. 

  AOB

· The UK delegation informed the meeting that within the framework of the MARINFO Group

the possibility of funding some working meetings on the basis of Article 42 of the amended

Regulation 515/97 on mutual assistance is being discussed.

The Commission and the Presidency requested a written communication on this topic.

· The Chair recalled the following deadlines:

• - 

  20 May: send nominations for the CCU meeting on 21-22 June in Brussels to the CZ

delegation

• - 

  26 May: inform the SE delegation of the postal address where the Best Practice Guide

on special forms of cooperation should be sent

• - 

  31 May: send comments on the doc. DS 1225/10 to the Presidency.

*****

The following working documents were made available in the meeting room: