9228/07 PhL/KS/lo 1 DG CI COUNCIL OF THE

9228/07 PhL/KS/lo 1 DG CI COUNCIL OF THE

COUNCIL OF
THE EUROPEAN UNION
Brussels, 8 May 2007
9228/07
FIN 215
UD 47
"I/A" ITEM NOTE
from :
General Secretariat
to :
Permanent Representatives Committee / Council
No. prev. doc.: 7073/07 FIN 101 UD 24
Subject :
Court of Auditors' Special Report No 11/2006 on the Community transit system
- Council Conclusions
1.
On 1 March 2007, the General Secretariat of the Council received from the Court of Auditors
the Special Report No 11/2006 on the Community transit system1 (pursuant to Article 248(4),
second subparagraph, EC).
2.
The Working Party on Customs Union (Customs Legislation and Policy) examined the Report
in accordance with the provisions laid down in the Council conclusions on the procedure for
examining Special Reports drawn up by the Court of Auditors 2. At the close of its
proceedings, the Working Party agreed on the draft conclusions set out in the Annex, with
the DK delegation entering a parliamentary scrutiny reservation and the EL and SE
delegations entering scrutiny reservations3.
1
2
3
7073/07 FIN 101 UD 24
7515/00 FIN 127 + COR 1
It is understood that these reservations will be lifted before the draft conclusions are put on
the agenda of the Council for adoption.
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3.
The Permanent Representatives Committee is therefore invited to approve the attached draft
conclusions and transmit them to Council for adoption as an "A" Item at a forthcoming
meeting.
___________________
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ANNEX
Draft
COUNCIL CONCLUSIONS
concerning the Court of Auditors' special report No 11/2006
on the Community transit system
THE COUNCIL:
1.
HAVING EXAMINED the Court of Auditors' Special Report No 11/2006 on the Community
transit system, in particular the recommendations of the Court to the Commission and the
Commission’s replies;
2.
RECALLS the importance of an efficient Community transit system for the competitiveness
of the European trade and hence for the economic development of the Community and its
trading partners;
3.
EMPHASISES that the Community transit system needs to balance the objectives of trade
facilitation and security, while remaining user-friendly for both economic operators and
customs administrations;
4.
POINTS OUT that a detailed operational agreement for the management of the New
Computerised Transit System (NCTS), for critical situations affecting availability and
business continuity, has been adopted in July 2006 and, in this context, NOTES the Court’s
recommendation to the Commission to enhance its monitoring activities;
5.
TAKES NOTE of the recommendations by the Court to the Commission and to the Member
States regarding the improved application of the legal transit provisions following the
implementation of the 2001 reform of the transit system, notably to reinforce monitoring and
inspections in Member States;
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6.
POINTS to the risk management framework contained in Regulation (EC) No 648/2005 and
its implementing provisions and STRESSES that resources should primarily be deployed in
those areas where the security and financial risks are particularly high;
7.
TAKES THE VIEW that the legal provisions for the collection of import duties are in place,
and that, bearing in mind the introduction of NCTS, the time-limits for collecting duties
should in any case suffice, for the necessary enquiries to be made; NOTES in this respect the
proposal to be discussed in the Customs Code Committee;
8.
CONSIDERS that, on the basis of the assessment of its functioning by the Court, NCTS
should be used as a model for other electronic custom systems, thus giving administrations
and economic operators the advantage of building on existing knowledge and experience and
having a better return on investments.
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