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Regulation (EU) 2021/1077 CHAPTER I — GENERAL PROVISIONS

Article 1–Article 5 · 5 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Subject matter

Article 1

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.

Definitions

Article 2

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‘upgrade’ means evolutive interventions necessary for bringing an existing piece of customs control equipment from an outdated to a state-of-the-art specified operable condition.

Instrument objectives

Article 3

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.

Budget

Article 4

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.

Implementation and forms of Union funding

Article 5

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.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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