Commission Report 2002 (Romania)

• Progress since the last Regular Report
• Overall assessment
• Conclusion

Chapter 25: Customs union

Progress since the last Regular Report

Romania has made good progress in the field of customs since the last Regular Report.

With the customs acquis, further progress has been made with alignment with the EC Customs Code and its implementing provisions in areas including the regime applicable to precursors used in the illicit production of drugs, inward processing, simplified procedures, end use and transit. Provisions were adopted in November 2001 on the application of the Romanian Integrated Customs Tariff (TARIR) which builds upon the EC Integrated Tariff (TARIC). In July 2002 the Government adopted a law ratifying Romania`s accession to the Convention on Temporary Admission.

As regards administrative and operational capacity to implement the acquis, some further progress has been made. Based on co-operation protocols the Customs Administration co-operates with bodies in charge of protecting intellectual and industrial property rights. An Inter-Ministerial Group for Integrated Border Management has been set up to ensure communication and efficient co-operation between bodies with border control responsibilities. However, co-operation between customs and the border police has been limited. The IT development strategy and plan have been applied since the beginning of 2002. In accordance with these documents, the Romanian Integrated Customs Information System is in the process of being consolidated and developed, aiming at the complete installation and operation of IT systems compatible with those of the EU in time for accession.

Regarding border security, measures have been taken to improve border infrastructure and to modernise equipment. This is especially the case with the northern and eastern borders where 15 customs offices have been equipped with automatic vehicle control devices. Customs offices have also been equipped with X-ray devices and detectors for smuggled goods, drugs and explosives. Following the adoption of the law concerning drug precursors anti-drug control units have been set up at the central and territorial level. Customs co-operation agreements exist between Romania and Bulgaria, the Federal Republic of Yugoslavia, the Republic of Moldova and Ukraine. Risk analysis structures have been set up to combat customs fraud.

The professional training of customs officers is carried out by the School for Public Finance and by the Regional Training Centres which have been established to meet the specific training needs of customs staff. Training systems work effectively with over 2 500 customs officers and officials, from both central and regional levels, receiving training during the 2001oe2002 academic year. At the beginning of 2002, the Code of Conduct and Discipline for Customs Staff was issued. The code defines improper professional and personal conduct and stipulates the penalties that can be applied.

Overall assessment

co-operation between customs services and other enforcement bodies, especially the border police, has improved over the reporting period but additional efforts need to be made.

Continuous attention is needed in order to ensure the uniform application of customs procedures in the whole of the customs territory, to develop customs ethics, and to combat fraud and corruption by increasing the use of risk analysis methods and strengthening the intelligence function within the customs administration.

As regards computerisation, since July 2001 Romania has had a clear strategy on how to reach interoperability. Romania is making a sustained effort to achieve a satisfactory level of IT operational capacity and, if work proceeds as planned, Romania will have sufficient time to meet its obligations by its planned date of accession.

Conclusion

In its 1997 Opinion, the Commission concluded that it would be necessary to align Romania`s customs administration to the duties that had to be carried out by a modern customs organisation. The Commission also noted that it seemed unlikely that Romania would be ready to fulfil the responsibilities of an EC customs administration within the next few years. Since the Opinion, Romania has made progress on aligning its legislation with the acquis, although less progress has been made with regard to developing administrative capacity and fighting corruption within the customs administration. Romania has now achieved a good level of harmonisation of its customs legislation but administrative capacity is still weak.

Negotiations on this chapter continue. Romania has not requested any transitional arrangements.

Romania should now focus further efforts on completing the approximation of the customs legislation, in particular with regard to rules of origin, the status of free zones, and dual-use goods and precursors. Additional efforts are also needed to reduce levels of corruption within the customs administration and to prepare in advance for the application of measures that will be introduced at the time of accession.

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