6.6.2014

Official Journal of the European Union

C 171/1

COUNCIL CONCLUSIONS ON THE GOVERNANCE REFORM OF THE EU CUSTOMS UNION

2014/C 171/01

THE COUNCIL OF THE EUROPEAN UNION,

RECALLING:

—	the commitment and contribution of EU Customs to the objectives of the European Union as set out in Article 2 of the TEU;

—	that the EU Customs Union is one of the most successful examples of European integration and European policy;

—	that while the EU Customs Union is supported by a robust legal framework, and that such falls under the exclusive competence of the Union, the responsibility for implementing customs legislation, together with cooperation to that effect, is primarily the responsibility of Member States;

—	the European Commission Communication on the State of the EU Customs Union of 21 December 2012 (1) which invites the European Parliament and the Council to start a dialogue with stakeholders to define priorities and to reform the governance of the EU Customs Union;

—

the Council Conclusions on the Progress on the Strategy for the Evolution of the EU Customs Union of 10 December 2012 (2) which drew attention, amongst others, to the necessity to improve the internal governance of the EU Customs Union, and on cooperation with other agencies and the private sector, as well as focusing on the conditions and resources to deliver the best service to operators;

—	the report of the Directors General’s High Level Working Group which addresses the challenges and suggestions of the Commission Communication on the State of the EU Customs Union;

—	the engagement of the European Commission to present a blueprint for the governance of the EU Customs Union by 2014;

—	that the overall governance objectives are to improve the effectiveness of the functioning of the EU Customs Union, and to do so in the most cost-efficient way with economical use of resources at EU as well as at Member State level;

NOTING:

—	that the evolution of the EU Customs Union in terms of volumes of activity, in implementation of information technology and in policy and legislation has been significant;

—	that the conclusions of the customs administrations’ ‘self-assessment’ carried out in 2010 called for the update and improvement of the governance of implementation of the EU Customs Union;

—	the conclusions of the Commission’s study on the Evaluation of the EU Customs Union;

—	that the need for quick responses to evolving policy needs, demands from stakeholders, and the changing global business environment, necessitates high-level services in all areas of the EU Customs Union mission and the measurement of the results;

—	the importance of close interaction with economic operators and the trade community as a means of supporting and facilitating legitimate trade and developing effective strategies with due regard to their business models;

—

The Athens Declaration, agreed by the Heads of Customs Administration of EU Member States and DG ΤΑΧUD of the Commission, on the 21 March 2014, which noted a strong support for the conclusions of the Directors General High Level Working Group on Governance Reform and, in particular, that the 28 Member States unanimously endorsed the Terms of Reference of the Customs Policy Group, as annexed;

RECOGNISING:

—

that measures taken to improve the functioning of the EU Customs Union should, in the light of the fact that the EU Customs Union is, in general, functioning well, be incremental in nature and in the first instance build on existing structures and procedures and duly take into account future challenges for customs governance;

—	the role of Customs as the lead authority responsible for the supervision of international trade, and its role in trade facilitation, protecting financial interests and society;

—

that the role of customs has evolved significantly in recent years to include an ever increasing range of tasks in areas other than revenue raising and smuggling and that is important that this contribution is properly understood and supported at the political level, including within the Council of Ministers, and by the public at large;

—	the importance of a more integrated approach to policy development in all customs related areas as a key priority for a better functioning Customs Union;

—	the financial and resource constraints for Member States in implementing new policies and developing IT systems;

INVITES THE COMMISSION AND THE MEMBER STATES

—	to ensure the equivalence of results in the implementation of customs legislation and to improve the measurement of performance by defining the relevant areas and developing appropriate key performance indicators (KPIs);

—

to develop effective and cost efficient closer cooperation and, where possible, common action between Member States and between Member States and the Commission. In this context exchanges of good practice should be supplemented by considering concrete areas where closer cooperation and common action will produce tangible benefits to Member States and to the EU as a whole, including pooling of resources in the implementation of customs procedures. Common action may be initiated by Member State that are willing to engage in deeper cooperation with appropriate Commission involvement, and should have a clear scope, be based on a sound business cases on appropriate legal instruments and competences and should enhance the competitiveness of the EU;

—	to develop a long term and coherent strategy concerning commonly managed and operated IT systems in all customs related areas, taking into consideration limited resources and financial implications;

—	to take appropriate measures to enhance interaction and coordination of Customs authorities with other agencies active in the field of trade facilitation and safety and security of the international supply chain;

—	to undertake the necessary endeavours to achieve a more integrated approach to policy development in all customs related areas, at EU and Member State level;

—	to ensure strong and systematic interaction of customs authorities with the trading community at EU and Member State, level to prepare solutions that are compatible with trade and customs related business models and international standards;

INVITES THE COMMISSION

—	In close cooperation with Member States to review and rationalize the bodies and expert groups involved in the implementation of the EU Customs Union at EU level;

—	To endorse the annexed terms of reference for the Customs Policy Group;

INVITES THE CUSTOMS POLICY GROUP

—	To implement the annexed terms of reference of the Customs Policy Group with immediate effect;

INVITES MEMBER STATES AND THE FUTURE PRESIDENCIES

—	To study and evaluate options for a more strategic use of customs related working parties and their best positioning within the Council structure, including the reporting mechanism and if necessary to provide the Council with a proposal accordingly;

—	To take appropriate initiatives to enhance the customs role at the political level, within the Council.

(1) COM(2012) 791.

(2) OJ C 80, 19.3.2013, p. 11.

ANNEX I

Customs Policy Group (CPG)

Terms of Reference

Membership

The Customs Policy Group is made up of the Directors General for Customs in each of the Members States of the European Union and the European Commission. The CPG is chaired by the European Commission.

Role

The role of the CPG is to

—	provide strategic policy advice to the European Commission on customs policy matters and how the operation of the EU Customs Union can be enhanced;

—	provide collegiate leadership for the effective and efficient operation of the EU Customs Union, including leadership on operational policy implementation matters;

—	share best practice and information on emerging risks and compliance challenges;

—

provide strategic oversight, direction and guidance to the work of the various committees and groups under Customs 2020, including the settlement of differences of opinion that might arise out of the work of other committees or groups, steering the work of these committees and groups, and advising the Commission on the need to establish or abolish committees or groups, based on an evaluation of the value of their work;

—

provide a forum for the early strategic discussion of, inter alia:

—	emerging or planned proposed new customs policy initiatives or planned legislation that will change or impact on existing customs policy or affect operational procedures;

—	operational policy implementation matters that arise from new legislation;

—	issues that will impact the Member States’ organisation, human resource management, including training and educational programs, budget or capacity;

—	the choice for, the start and evaluation of monitoring actions and their results;

—	all other issues that might be agreed by the members of the CPG as of a strategic nature and coming within the scope of the role of the CPG.

The European Commission, will, in the context of the agreed role of the CPG, seek, in good time, the advice of Member States on relevant matters.

Meetings

CPG meetings will be held at least three times per year, or more frequently as required. The European Commission will prepare the agenda for the meetings in consultation with the Member States and having regard to the role of the CPG.

Agendas and Rules of Procedure

The CPG agenda will consist of ‘A’ items and ‘B’ items. ‘A’ agenda items are for information only and will be the subject only of a paper circulated in advance of the meeting to the members of the CPG. ‘A’ agenda items will not be the subject of presentation or discussion at the meeting unless a Member State or the European Commission gives at least one week’s notice in advance of the meeting that the matter be the subject of discussion and clearly indicates the nature and scale of the issue to be discussed. ‘B’ agenda items are for discussion and decision.

A request by a Member State for the inclusion of an item as a ‘B’ agenda item, will save where the item does not come clearly with the remit of the CPG, be accommodated on the agenda of the next meeting of the CPG.

A request by at least 25 % of the members of the CPG for a report by the European Commission on a specific issue or topic relevant to the role of the CPG will, save in exceptional circumstances as agreed by the CPG, be accommodated by the European Commission and within a timeframe to be discussed with the CPG.

ANNEX II

Athens Declaration on the EU Customs Union’s Governance Reform

High-level Seminar on the EU Customs Union’s Governance Reform

THE HEADS OF CUSTOMS ADMINISTRATIONS OF EU MEMBER STATES AND DG TAXUD OF THE EUROPEAN COMMISSION, MEETING ON 20-21 MARCH 2014 IN ATHENS,

RECALLING

the commitment and contribution of EU Customs to the objectives of the European Union as set out in Article 2 of the TEU;

the European Commission Communication on the State of the EU Customs Union of the 21 December 2012 (COM(2012) 791) which invites the European Parliament and the Council to start a dialogue with stakeholders to define priorities and to reform the governance of the EU Customs Union;

the Council Conclusions on the Evolution of the EU Customs Union of 19 March 2013 which drew attention to the necessity to improve the internal governance of the EU Customs Union, and on cooperation with other agencies and the private sector, as well as focusing on the conditions and resources to deliver the best service to operators;

that the EU Customs Union is one of the most successful examples of European integration and European policy;

that while the EU Customs Union is supported by a robust legal framework, and that such falls under the exclusive competence of the Union, the responsibility for implementing customs legislation, together with cooperation to that effect, is primarily the responsibility of Member States;

the previous declarations of the heads of the national customs administrations aiming at a debate on possible new ways of collaboration among Member States and between them and the Commission to reform the governance of the EU Customs Union (e.g. in Prague, Ruka);

the report of the Directors General’s High Level Working Group which addresses the challenges and suggestions of the Commission Communication on the State of the EU Customs Union;

the engagement of the European Commission to present a blueprint for the governance of the EU Customs Union by 2014;

that the overall governance objectives are to improve the effectiveness of the functioning of the EU Customs Union; and to do so in a most cost-efficient way with an economical use of resources at EU as well as at Member State level;

the importance of close interaction with economic operators and the trader community as a means of supporting and facilitating legitimate trade and developing effective strategies with due regard for their business models.

NOTING

that the evolution of the EU Customs Union in terms of volumes of activity, in implementation of information technology and in policy and legislation has been significant;

that the conclusions of the customs administrations’ ‘self-assessment’ carried out in 2010 called for the update and improvement of the governance of implementation of the EU Customs Union;

the conclusions of the study on the Evaluation of the EU Customs Union;

that the need for agility against the backdrop of evolving policy needs, demands from stakeholders and the changing global business environment, require to continue providing high-level services in all areas of EU Customs Union mission and to measure the results;

that there was a strong support for the conclusions of the Directors General’s High Level Working Group and, in particular, the 28 Member States unanimously endorsed the Terms of Reference of the Customs Policy Group as annexed.

WITH THIS IN MIND, IN REVIEWING THE GOVERNANCE OF THE EU CUSTOMS UNION AGREE THE FOLLOWING:

On this basis, particular attention should be given to the following:

Ensuring the equivalence of results in the implementation of customs legislation

Uniform legislation and harmonised implementation are vital for the effective functioning of the EU Customs Union, and it is important to deliver equivalent results, and in this respect improve the measurement of performance by defining the relevant areas and developing appropriate key performance indicators (KPIs).

Developing closer cooperation and common action

There is undoubted potential for closer cooperation between Member States. Improving effectiveness in a cost-efficient way requires that the Member States and the Commission consider the concrete areas where cooperation and common action will produce benefits to Member States and to the EU as a whole. Exchanges of good practice should be supplemented by considering and organising common action, notably in the following areas: training of customs officials; simplified procedures and AEO; risk management and crises management; consistent advance rulings e.g. binding tariff and origin information; consistent valuation practices; interoperability of IT systems using the hybrid approach.

Common action may need to be undertaken, with appropriate Commission involvement, by Member States that are willing to engage in deeper cooperation, including pooling of resources in the implementation of customs procedures, leading to significant savings at Member State and at EU level, supported by a business case.

Establishing long-term vision and strategy for IT

There is a need to develop a long-term and coherent strategy as regards commonly managed and operated IT support in customs related areas, keeping in mind the constraints on resources and financial implications.

Reaching out to other authorities

Customs is the lead authority responsible for the supervision of international trade. A more integrated approach to policy development involving joint effort by the Commission and Member States is a key priority for a better functioning Customs Union. The interaction and coordination of customs with other agencies is crucial for effectiveness and can also bring benefits in the use of scarce resources.

Ensuring close interaction with the trading community

In a world of increasing trade interdependence and supply chains the effectiveness of customs is judged not only on the basis of the protection they provide to society and public finances but also of the speed with which they handle legitimate trade. Good governance of the EU Customs Union requires strong and systematic interaction of customs authorities with the trading community at EU and Member State level to prepare solutions that are compatible with business models and international standards.

Raising the political profile of customs

The role of customs has evolved significantly in recent years to include an ever increasing range of tasks in areas other than revenue raising and smuggling. It is important that this contribution is properly understood and supported at the political level, including within the Council of Ministers, and by the public at large. In this respect, a study should be initiated on a more efficient strategic use of the customs working parties in Council and the best positioning of those working parties in the Council structure.

Delivering these priorities calls for strengthening customs policy coordination in the EU. This will require a ‘fresh start’ with a review and rationalising of the bodies and expert groups involved in the implementation of the EU Customs Union at EU level. Implementing the annexed terms of reference, the Customs Policy Group, which advises the Commission on customs policy matters should be proactive and focus on the strategy for the way ahead and on step by step operational implementation.

Would welcome the adoption of Council conclusions on the Communication on the State of the EU Customs Union.

6.6.2014

Official Journal of the European Union

C 171/9

Euro exchange rates (1)

5 June 2014

2014/C 171/02

1 euro =

	Currency	Exchange rate
USD	US dollar	1,3567
JPY	Japanese yen	139,24
DKK	Danish krone	7,4626
GBP	Pound sterling	0,81030
SEK	Swedish krona	9,0285
CHF	Swiss franc	1,2200
ISK	Iceland króna
NOK	Norwegian krone	8,1360
BGN	Bulgarian lev	1,9558
CZK	Czech koruna	27,450
HUF	Hungarian forint	303,80
LTL	Lithuanian litas	3,4528
PLN	Polish zloty	4,1181
RON	Romanian leu	4,3920
TRY	Turkish lira	2,8606
AUD	Australian dollar	1,4608
CAD	Canadian dollar	1,4842
HKD	Hong Kong dollar	10,5181
NZD	New Zealand dollar	1,6068
SGD	Singapore dollar	1,7055
KRW	South Korean won	1 385,96
ZAR	South African rand	14,4935
CNY	Chinese yuan renminbi	8,4839
HRK	Croatian kuna	7,5758
IDR	Indonesian rupiah	16 046,28
MYR	Malaysian ringgit	4,3758
PHP	Philippine peso	59,290
RUB	Russian rouble	47,2404
THB	Thai baht	44,319
BRL	Brazilian real	3,0873
MXN	Mexican peso	17,4946
INR	Indian rupee	80,3058

(1) Source: reference exchange rate published by the ECB.

6.6.2014

Official Journal of the European Union

C 171/11

Notice of initiation of a partial interim review of the countervailing measures applicable to imports of certain polyethylene terephthalate (PET) originating in India

2014/C 171/04

The European Commission (‘the Commission’) has received a request for a partial interim review pursuant to Article 19 of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (1) (‘the basic Regulation’).

1. Request for review

The request was lodged by Dhunseri Petrochem & Tea Limited (‘the applicant’), an exporting producer from India.

The review is limited in scope to the examination of subsidisation as far as the applicant is concerned.

2. Product under review

The product under review is polyethylene terephthalate (PET) having a viscosity number of 78 ml/g or higher, according to the ISO Standard 1628-5, currently falling within CN code 3907 60 20 and originating in India (‘the product under review’).

3. Existing measures

The measures currently in force are a definitive countervailing duty imposed by Council Regulation (EU) No 461/2013 (2).

4. Grounds for the review

The applicant has provided prima facie evidence that, as far as the applicant is concerned, the circumstances with regard to subsidisation on the basis of which measures were imposed have changed significantly and that these changes are of a lasting nature.

The applicant alleges that the continued imposition of the measure on imports of the product under review at its current level is no longer necessary to offset the countervailable subsidisation. The applicant has provided sufficient evidence that its subsidy amount has decreased well below the duty rate currently applicable to it. This reduction in the overall subsidy level is due to the termination of its Export Oriented Unit Status and to the decrease in import duties applicable to the raw materials used to manufacture the product under review since the investigation that led to the current level of measures.

In light of the above, the Commission considers that, as far as subsidisation of Dhunseri Petrochem & Tea Limited is concerned, there is sufficient prima facie evidence that the circumstances with regard to subsidisation have changed significantly and are of a lasting nature and, therefore, the measures should be reviewed.

5. Procedure

Having determined, after informing the Member States, that sufficient evidence exists to justify the initiation of a partial interim review limited to the examination of subsidisation as far as the applicant is concerned, the Commission initiates a review in accordance with Article 19 of the basic Regulation. The purpose of the review is to establish the rate of subsidisation which prevails for the applicant as a result of the subsidy practices or schemes from which it is found to benefit.

Following the review, it may be necessary to amend the rate of duty imposed on imports of certain polyethylene terephthalate (PET) originating in India by ‘All other companies’ in India.

5.1. Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant and to the authorities of the exporting country concerned.

The applicant and the authorities of that country must submit the completed questionnaires within 37 days of the date of publication of this Notice in the Official Journal of the European Union, unless otherwise specified.

5.2. Other written submissions

Subject to the provisions of this Notice, all interested parties are hereby invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of publication of this Notice in the Official Journal of the European Union.

5.3. Possibility to be heard by the Commission investigation services

All interested parties may request to be heard by the Commission investigation services. Any request to be heard should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this Notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.

5.4. Instructions for making written submissions and sending completed questionnaires and correspondence

All written submissions, including the information requested in this Notice, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Limited’ (3).

Interested parties providing ‘Limited’ information are required to furnish non-confidential summaries of it pursuant to Article 29(2) of the basic Regulation, which will be labelled ‘For inspection by interested parties’. These summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. If an interested party providing confidential information does not furnish a non-confidential summary of it in the requested format and quality, such information may be disregarded.

Interested parties are invited to make all submissions and requests by e-mail including scanned powers of attorney and certification sheets, with the exception of voluminous replies which shall be submitted on a CD-ROM or DVD by hand or by registered mail. By using e-mail, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade: http://trade.ec.europa.eu/doclib/docs/2011/june/tradoc_148003.pdf The interested parties must indicate their name, address, telephone and a valid e-mail address and they should ensure that the provided e-mail address is a functioning official business e-mail which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by e-mail only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by e-mail, interested parties should consult the communication instructions with interested parties referred to above.

Commission address for correspondence:

European Commission

Directorate-General for Trade

Directorate H

Office: N105 08/020

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: TRADE-PET-R598-SUBSIDY@ec.europa.eu

6. Non-cooperation

In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 28 of the basic Regulation.

Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 28 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

Failure to give a computerised response shall not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission.

7. Hearing Officer

Interested parties may request the intervention of the Hearing Officer for the Directorate-General for Trade. The Hearing Officer acts as an interface between the interested parties and the Commission investigation services. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and requests by third parties to be heard. The Hearing Officer may organise a hearing with an individual interested party and mediate to ensure that the interested parties’ rights of defence are being fully exercised.

A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation the request must be submitted within 15 days of the date of publication of this notice in the Official Journal of the European Union. Thereafter, a request to be heard must be submitted within specific deadlines set by the Commission in its communication with the parties.

The Hearing Officer will also provide opportunities for a hearing involving parties to take place which would allow different views to be presented and rebuttal arguments offered on issues relevant for the review investigation.

For further information and contact details interested parties may consult the Hearing Officer’s web pages on DG Trade’s website: http://ec.europa.eu/commission_2010-2014/degucht/contact/hearing-officer/

8. Schedule of the investigation

The investigation shall be concluded, according to Article 22(1) of the basic Regulation, within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

9. Processing of personal data

Any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (4).

(1) OJ L 188, 18.7.2009, p. 93.

(2) Council Implementing Regulation (EU) No 461/2013 of 21 May 2013 imposing a definitive countervailing duty on imports of certain polyethylene terephthalate (PET) originating in India following an expiry review pursuant to Article 18 of Regulation (EC) No 597/2009 (OJ L 137, 23.5.2013, p. 1).

(3) A ‘Limited’ document is a document which is considered confidential pursuant to Article 29 of Regulation (EC) No 597/2009 and Article 12 of the WTO Agreement on Subsidies and Countervailing Measures. It is also a document protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43).

(4) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

		ISSN 1977-091X
Official Journal of the European Union		C 171

English edition	Information and Notices	Volume 57 6 June 2014

Notice No	Contents	page
	IV Notices
	NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	Council
2014/C 171/01	Council Conclusions on the Governance Reform of the EU Customs Union	1

	European Commission
2014/C 171/02	Euro exchange rates	9

	V Announcements
	ADMINISTRATIVE PROCEDURES
	European Commission
2014/C 171/03	Call for applications 2014 — Third Programme of the Union’s action in the field of health (2014-2020) ( 1 )	10

	PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY
	European Commission
2014/C 171/04	Notice of initiation of a partial interim review of the countervailing measures applicable to imports of certain polyethylene terephthalate (PET) originating in India	11

	PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
	European Commission
2014/C 171/05	Decision to close the formal investigation procedure after withdrawal by Member State — State aid — Portugal (Articles 107 to 109 of the Treaty on the Functioning of the European Union) — Commission notice pursuant to Article 108(2) of the TFEU — Withdrawal of notification — State aid SA.34764 (2012/C) — Regional aid for Europac Kraft Viana, SA ( 1 )	14


	(1) Text with EEA relevance