Regulation (EU) 2021/1077 of the European Parliament and of the Council of 24 June 2021 establishing, as part of the Integrated Border Management Fund, the instrument for financial support for customs control equipment

• CELEX: Regulation (EU) 2021/1077
• Articles: 20

Article 1 Subject matter

Jointly with the Regulation establishing, as part of the Integrated Border Management Fund, the Instrument for Financial Support for Border Management and Visa Policy, this Regulation establishes an Integrated Border Management Fund (the ‘Fund’) for the period from 1 January 2021 to 31 December 2027.

As part of that Fund, this Regulation establishes an Instrument to provide financial support for the purchase, maintenance and upgrading of customs control equipment (the ‘Instrument’) for the period from 1 January 2021 to 31 December 2027. The duration of the Instrument shall be aligned to the duration of the multiannual financial framework.

This Regulation lays down the objectives of the Instrument, the budget for the period 2021 2027, the forms of Union funding and the rules for providing such funding.

Article 2 Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

‘customs authorities’ means the customs authorities as defined in point (1) of Article 5 of Regulation (EU) No 952/2013;

(2)

‘customs controls’ means the customs controls as defined in point (3) of Article 5 of Regulation (EU) No 952/2013;

(3)

‘customs control equipment’ means equipment intended primarily for performing customs controls;

(4)

‘mobile customs control equipment’ means any means of transport that, beyond its mobile capacities, is itself intended to be a piece of customs control equipment or that is fully equipped with customs control equipment;

(5)

‘maintenance’ means preventive, corrective and predictive interventions, including operational and functional checks, servicing, repair and overhaul of a piece of customs control equipment necessary in order for it to retain, or to be restored to, its specified operable condition with a view to it achieving its maximum useful life, but excluding any upgrading;

(6)

‘upgrade’ means evolutive interventions necessary for bringing an existing piece of customs control equipment from an outdated to a state-of-the-art specified operable condition.

Article 3 Instrument objectives

1.   As part of the Fund and with a view to achieving the long-term aim of the harmonised application of customs controls by the Member States, the general objective of the Instrument is to support the customs union and customs authorities in their mission 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 illegal trade while facilitating legitimate business activity.

2.   The specific objective of the Instrument is to contribute to adequate and equivalent results of customs controls through the transparent purchase, maintenance and upgrading of relevant and reliable state-of-the-art customs control equipment that is secure, safe and environmental-friendly, thereby helping the customs authorities act as one to protect the interests of the Union.

Article 4 Budget

1.   The financial envelope for the implementation of the Instrument for the period 2021–2027 shall be EUR 1 006 407 000 in current prices.

2.   The amount referred to in paragraph 1 may also cover expenses for preparation, monitoring, control, audit, evaluation and other activities for managing the Instrument and evaluating the achievement of its objectives. It may also cover expenses linked to studies, meetings of experts, information and communication actions that are related to the objectives of the Instrument, as well as expenses linked to information technology networks focusing on information processing and exchange, including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the Instrument.

Article 5 Implementation and forms of Union funding

1.   The Instrument shall be implemented under direct management in accordance with the Financial Regulation.

2.   The Instrument may provide funding in any of the forms laid down in the Financial Regulation and in particular by means of grants.

3.   When the action that is supported under the Instrument involves the purchase or upgrade of customs control equipment, the Commission shall set up a coordination mechanism to ensure the interoperability of the customs control equipment purchased with the support of Union programmes and instruments, and therefore its efficient use.

Article 6 Eligible actions

1.   In order for actions to be eligible for funding under the Instrument, those actions must comply with the following requirements:

(a)

implement the objectives set out in Article 3; and

(b)

support the purchase, maintenance or upgrading of customs control equipment including innovative detection technology equipment, that has one or more of the following customs control purposes:

(1)

non-intrusive inspection;

(2)

indication of hidden objects on humans;

(3)

radiation detection and nuclide identification;

(4)

analysis of samples in laboratories;

(5)

sampling and field analysis of samples;

(6)

handheld search.

Annex I contains an indicative list of customs control equipment that may be used to achieve the customs control purposes referred to in points (1) to (6) of the first subparagraph.

2.   In duly justified cases, actions under the first subparagraph of paragraph 1 may also cover the transparent purchase, maintenance and upgrading of customs control equipment for testing new pieces of equipment or new functionalities for existing pieces of equipment in operational conditions.

3.   In accordance with point (a) of the second subparagraph of Article 193(2) of the Financial Regulation, taking into account the delayed entry into force of this Regulation and in order to avoid any delay in Union support which could be prejudicial to the Union’s interest in being properly equipped to ensure the efficient and effective operation of the customs union, costs incurred in respect of actions supported under this Regulation may, for a limited period, exceptionally be considered eligible from 1 January 2021, even if those actions were implemented and those costs incurred before the grant application was submitted.

4.   The Commission is empowered to adopt delegated acts in accordance with Article 14 to amend this Regulation by updating, where necessary, the indicative list of customs control equipment set out in Annex I.

5.   Customs control equipment financed under this Instrument should be used primarily for customs controls, but may also be used for additional purposes, including, in support of the national border management authorities and investigation, for the control of persons. Such customs control equipment shall not be systematically shared between customs and other border authorities.

6.   The Commission shall encourage the joint procurement and joint testing of customs control equipment by two or more Member States.

Article 7 Eligible entities

By way of derogation from Article 197 of the Financial Regulation, the eligible entities shall be the customs authorities on condition that they provide the information necessary for the assessment of needs referred to in Article 11(4) of this Regulation.

Article 8 Co-financing rate

1.   The Instrument may finance up to 80 % of the total eligible costs of an action.

2.   Any funding in excess of that ceiling shall be granted only in duly justified exceptional circumstances.

Article 9 Eligible costs

The costs directly related to actions referred to in Article 6 shall be eligible for funding under the Instrument.

The following costs shall not be eligible for funding under the Instrument:

(a)

costs related to the purchase of land;

(b)

costs relating to training or the upgrading of skills, other than the introductory training included in the purchase or upgrade contract;

(c)

costs relating to infrastructure, such as buildings or outdoor facilities, as well as to furniture;

(d)

costs associated with electronic systems, with the exception of software and software updates directly necessary to use the customs control equipment and with the exception of the electronic software and programming necessary to interlink existing software with the customs control equipment;

(e)

costs of networks, such as secured or unsecured communication channels, or subscriptions, with the exception of networks or subscriptions exclusively necessary to use the customs control equipment;

(f)

costs of transport means, such as vehicles, aircrafts or ships, with the exception of mobile customs control equipment;

(g)

costs of consumables, including reference or calibration material, for customs control equipment;

(h)

costs relating to personal protective equipment.

Article 10 Award, complementarity and combined funding

1.   Grants under the Instrument shall be awarded and managed in accordance with Title VIII of the Financial Regulation.

2.   In accordance with point (f) of the first paragraph of Article 195 of the Financial Regulation, grants shall be awarded without a call for proposals to the entities that are eligible under Article 7 of this Regulation.

3.   An action that has received a contribution under the Instrument may also receive a contribution from the Customs programme or from another Union programme, provided that the contributions do not cover the same costs. The rules of the relevant Union programme shall apply to the corresponding contribution to the action. The cumulative financing shall not exceed the total eligible costs of the action. The support from the different Union programmes may be calculated on a pro-rata basis in accordance with the documents setting out the conditions for support.

4.   The work of the evaluation committee referred to in Article 150 of the Financial Regulation shall be based on the general principles applicable to grants laid down in Article 188 of that Regulation and, in particular, on the principles of equal treatment and transparency laid down in points (a) and (b) of that Article, as well as on the principle of non-discrimination.

5.   The evaluation committee shall evaluate proposals on the basis of the award criteria, taking into account, where appropriate, the relevance of the proposed action in view of the objectives pursued, the quality of the proposed action, its impact, including its economic, social and environmental impact, and its budget and cost-effectiveness.

Article 11 Work programme

1.   The Instrument shall be implemented through work programmes as referred to in Article 110(2) of the Financial Regulation.

2.   The Commission shall adopt implementing acts establishing those work programmes. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).

3.   The work programmes shall aim to achieve the objectives set out in Article 3 through actions in accordance with Article 6. The work programmes shall set out the total amount of the financing plan for all actions. In addition, they shall set out:

(a)

for each action:

(i)

the objectives pursued and the expected results, in accordance with the general and specific objectives set out in Article 3;

(ii)

a description of the actions to be financed;

(iii)

where appropriate, an indication of the amount allocated to each action; and

(iv)

the method of implementation and an indicative implementation timetable;

(b)

for grants, the maximum rate of co-financing referred to in Article 8.

4.   The preparation of the work programmes referred to in paragraph 1 shall be supported by an assessment of the needs of the customs authorities. That assessment of needs shall be based on the following:

(a)

a common categorisation of border crossing points;

(b)

a comprehensive description of available customs control equipment;

(c)

a common list of customs control equipment that should be available, by reference to the category of border crossing points; and

(d)

an estimate of financial needs.

The assessment of needs shall be based on actions carried out under the Customs 2020 programme established by Regulation (EU) No 1294/2013 of the European Parliament and of the Council  ( 17 ) or under the Customs programme, and shall be updated regularly at least every three years.

Article 12 Monitoring and reporting

1.   Indicators to report on the progress of the Instrument towards the achievement of the general and specific objectives set out in Article 3 are listed in Annex II.

2.   To ensure the effective assessment of the Instrument’s progress towards the achievement of its objectives, the Commission is empowered to adopt delegated acts in accordance with Article 14 to amend Annex II with regard to the indicators where considered necessary, as well as to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework.

3.   The performance reporting system shall ensure that data for monitoring the implementation and results of the Instrument are collected efficiently, effectively and in a timely manner. To that end, proportionate reporting requirements shall be imposed on the recipients of Union funds.

4.   Where the cost of a piece of customs control equipment exceeds EUR 10 000 exclusive of taxes, the reporting requirements referred to in paragraph 3 shall include at least the annual communication to the Commission of the following information:

(a)

a detailed list of the customs control equipment financed under the Instrument;

(b)

information on the use of the customs control equipment, including any related results, and supported, where appropriate, by relevant statistics.

Article 13 Evaluation

1.   Evaluations shall be carried out in a timely manner so that they can be used in the decision-making process.

2.   An interim evaluation of the Instrument shall be carried out by the Commission once there is sufficient information available about its implementation, but no later than four years after the start of that implementation. In its interim evaluation, the Commission shall assess the performance of the Instrument, including aspects such as its effectiveness, efficiency, coherence and relevance, as well as the synergies within the Instrument and Union added value.

3.   At the end of the implementation of the Instrument, but no later than four years after the end of the period specified in Article 1, a final evaluation of the Instrument shall be carried out by the Commission.

4.   The Commission shall communicate the conclusions of the evaluations, accompanied by its observations and lessons learnt, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

Article 14 Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Articles 6(4) and 12(2) shall be conferred on the Commission until 31 December 2027. The Commission shall draw up a report in respect of the delegation of power not later than nine months before that date. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in Articles 6(4) and 12(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted pursuant to Articles 6(4) and 12(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 15 Committee procedure

1.   The Commission shall be assisted by the Customs Programme Committee established by Article 17 of Regulation (EU) 2021/444.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 16 Information, communication and publicity

1.   The recipients of Union funding shall acknowledge the origin of those funds and ensure the 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.

2.   The Commission shall implement information and communication actions relating to the Instrument, to actions taken pursuant to the Instrument and to the results obtained.

3.   Financial resources allocated to the Instrument shall also contribute to the corporate communication of the political priorities of the Union, insofar as those priorities are related to the objectives referred to in Article 3.

Article 17 Transitional provision

If necessary, appropriations may be entered in the Union budget beyond 2027 to cover the expenses provided for in Article 4(2), to enable the management of actions not completed by 31 December 2027.

Article 18 Entry into force

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union .

It shall apply from 1 January 2021.

Schedules & Appendices

ANNEX I INDICATIVE LIST OF CUSTOMS CONTROL EQUIPMENT THAT MAY BE USED TO ACHIEVE THE CUSTOMS CONTROL PURPOSES LISTED IN POINT (B) OF THE FIRST SUBPARAGRAPH OF ARTICLE 6(1)

ANNEX I

INDICATIVE LIST OF CUSTOMS CONTROL EQUIPMENT THAT MAY BE USED TO ACHIEVE THE CUSTOMS CONTROL PURPOSES LISTED IN POINT (B) OF THE FIRST SUBPARAGRAPH OF ARTICLE 6(1)

CUSTOMS CONTROL PURPOSE

CUSTOMS CONTROL EQUIPMENT

CATEGORY

APPLICATION

1.

Non-intrusive inspection

X-ray scanner – High energy

Containers, trucks, rail wagons and vehicles

X-ray scanner – Low energy

Pallets, boxes and parcels

Passenger baggage

Vehicles

X-ray backscatter

Containers

Trucks

Vehicles

Other

Automatic Number Plate/Container Recognition Systems

Vehicle weighting scales

Forklifts and similar mobile customs control equipment

2.

Indication of hidden objects on humans  ( 1 )

X-ray based backscatter portal

Mainly used in airports to detect hidden objects on humans (drugs, explosives, cash)

Body scanner

Millimetre wave-based security scanner

3.

Radiation detection and nuclide identification

Radiological and Nuclear Detectors

Personal Radiation Monitor/detector (PRM)

Handheld Radiation detector

Isotope Identification Device (RIID)

Radiation Portal Monitor (RPM)

Spectrometric Portal Monitor for isotope identification (SPM)

4.

Analysis of samples in laboratories

Equipment for the identification, quantification and verification of all possible goods

Gas and liquid chromatography (GC, LC, HPLC etc.)

Spectrometry and techniques combined with spectrometry (IR, Raman, UV-VIS, Fluorescence, GC-MS etc.)

X-ray equipment (XRF etc.)

NMR spectrometry and Stable isotope analyses

Other laboratory equipment (AAS, Distillation Analyser, DSC, Electrophoresis, Microscope, LSC, Smoking machine etc.)

5.

Sampling and field analysis of samples

Trace detection based on Ion Mobility Spectrometry (IMS)

Portable equipment to screen traces of specific threat materials

Canine trace detection

Applied to a range of risks on small and larger objects

Sampling

Tools to take samples, fume hood, glovebox

Mobile laboratories

Vehicle fully housing equipment for field analysis of samples

Handheld detectors

Analysis of organic materials, metals and alloys

Chemical colorimetric tests

Raman spectroscopy

Infrared spectroscopy

X-ray fluorescence

Gas detectors for containers

6.

Handheld search

Personal hand tools

Pocket tools

Mechanics tool kit

Telescoping mirror

Devices

Endoscope

Stationary or handed metal detector

Cameras to check the under-side of vehicles

Ultrasonic device

Density meter

Other

Underwater search

( 1 )   Subject to applicable legislative provisions and other recommendations as regards the protection of health and the respect of privacy.

ANNEX II INDICATORS FOR REPORTING ON THE PROGRESS OF THE INSTRUMENT IN ACHIEVING THE GENERAL AND SPECIFIC OBJECTIVES SET OUT IN ARTICLE 3

ANNEX II

INDICATORS FOR REPORTING ON THE PROGRESS OF THE INSTRUMENT IN ACHIEVING THE GENERAL AND SPECIFIC OBJECTIVES SET OUT IN ARTICLE 3

To report on the progress of the Instrument towards the achievement of the general and specific objectives set out in Article 3, the following indicators shall be used:

Equipment

(a)

Availability at land border crossing points of customs control equipment meeting agreed standards (by type of equipment)

(b)

Availability at sea border crossing points of customs control equipment meeting agreed standards (by type of equipment)

(c)

Availability at air border crossing points of customs control equipment meeting agreed standards (by type of equipment

(d)

Availability at postal border crossing points of customs control equipment meeting agreed standards (by type of equipment)

(e)

Availability at rail border crossing points of customs control equipment meeting agreed standards (by type of equipment)