EU Common Risk Management Framework (CRMF)

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1 EU Common Risk Management Framework (CRMF) EU-Serbia Screening - Explanatory meeting Brussels, 27th March 2014 Neither the European Commission nor any person acting on behalf of the Commission is responsible for the use which might be made of the following information. The information reflects the situation at the time of the explanatory screening meeting. A great deal of additional information on the European Union is available on the Internet. It can be accessed through the Europa portal ( 1

2 Legal Definitions: risk and risk management Objectives of the Common Risk Management Framework (CRMF) Legal framework and elements of the CRMF Common Risk Criteria Priority Control Areas Exchange of risk information Electronic EU Customs Risk Management System (CRMS) CRMF Management at EU level CRMF evolution next steps 2

3 "Risk" - (Art.1 (25) CCC): Likelihood of an event occuring, in connection with the entry, exit, transit, transfer and end-use of goods moved between the customs territory of the Community and third countries which: Prevents correct application of Community and national measures Compromises the financial interests of Community and MS Poses a threat to the Community s security and safety, to the public health, to the environment and to consumers 3

4 "Risk Management " - (Art 1(26) CCC) the systematic identification of risk and implementation of all measures necessary for limiting exposure to risk includes activities such as collecting data and information, analysing and assessing risk, prescribing and taking action and regular monitoring and review of the process and its outcomes based on international, Community and national sources and strategies. 4

5 Objectives of the CRMF Context (preamble to 648/2005) Need to establish an equivalent level of protection in customs controls for goods brought into or out of the EU; need to ensure a harmonised application of customs controls by the MS... MS and the Commission should introduce a Community-wide risk management framework to support a common approach so that priorities are set effectively and resources are allocated efficiently with the aim of maintaining a proper balance between customs controls and the facilitation of legitimate trade. Shouldn't prevent MS from controlling goods by spot-checks. 5

6 In short: to ensure a common approach to customs risk management at the external borders of the EU, and in particular: to address risks that could not be addressed efficiently enough at national level to address all types of risks to provide a level playing field for the legitimate trade (e.g. AEO equivalent treatment) to contribute to the equivalent protection of the movement of goods at the EU external borders 6

7 CRMF Current Legal framework Regulations Council Regulation 648/05 & Commission Regulation 1875/06 Introducing security amendments and the CRMF to the Community Customs Code Full implementation as from 01/01/2011 7

8 CRMF current legal framework Commission Decisions C (2009) 2601 and C (2011) 5170 establishing common risk criteria and standards for security and safety risk analysis (security risk rules for entry and export/exit operations) EU classified (not published in OJ) Guidelines on implementation of the Commission Decisions EU classified 8

9 CRMF current legal elements Made up of 3 main legal instruments: Common risk criteria and standards (CRC) Exchange of risk information Priority control areas Implementation supported by the electronic EU Customs Risk Management System (CRMS) (Art. 4g of CCIP) 9

10 I. CRC I. CRC Common risk criteria and standards for the harmonised application of customs controls in specific cases (Art. 4 (g) 1 (c) CCIP) CRC for security and safety risk analysis ("security risk rules"): Commissions Decision C (2009) 2601 (pre-arrival) + C (2011) 5170 (pre-departure) Set of rules to screen traffic on the basis of electronic pre-arrival and pre-departure data submitted by the trade All modes of transport To be applied in the national IT risk management systems 10

11 I. CRC 24h/7d/365d continuous screening of the pre-arrival and predeparture electronic declarations Targeting of high-risk consignments = combination of automated and manual risk assessment Important: information sharing within the customs and other competent authorities at national and EU level (legal requirement) Standard reporting requirements quarterly basis 11

12 I. CRC general approach taken by the EU Risk analysis for security and safety purposes 365 days/year The first point of entry must carry out the security and safety risk analysis on all the cargo regardless of country of destination In essence the common risk criteria are centred upon: knowledge of parties in the supply chain; types of goods; for example goods of a special interest (e.g. chemicals, biological, radioactive, nuclear, weapons) and criteria aimed at identifying unusual, suspicious or abnormal transactions. 12

13 II. Exchange of Risk information Electronic exchange of risk information Between MS and MS Between MS and the Commission Legal requirement for the MS (Article 4g (2) of CCIP) Risks covered: security, health and safety, CITES, drug precursors, financial, trade related, counterfeit, ICS and NCTS channels (communication by the MS of risks identified in automated risk assessment) 13

14 II. Exchange of Risk information CRMS channels (computerised in 2005): RIF module PCA module CRMS information exchange: Any risk-related information that would help enhance customs controls [CCIP 4(g)1(a)] Positive results of risk-based controls [CCIP 4(g)2(a)] Negative risk-based control results suggesting a high risk elsewhere in the EU [CCIP 4(g)2(b)] 14

15 III. Priority Control areas Intensive action (legal basis Art. 4h 4j of CCIP) Increased level of risk analysis and customs controls during a timelimited period Compulsory feedback Computerised in the PCA module of the CRMS (2009) Medifake end 2008 Alchemist mid 2010 Discount 2011/12 15

16 CRMF management at EU level 16

17 Customs Code Committee (CCC-CRM) and Working Methods Group (WMG) CRC for security and safety (MS and COM CCC- CRM) Priority Control Area [MS & COM] Community profiles * Defined period * Mandatory RIF and exchange of information [MS and COM] Constant screening Via national risk analysis systems Via CRMS To National Risk Analysis Systems General Requirement Specific cases on ENS's Monitor Evaluate Review Results of controls [COM in collab with MS/ Security Risk Rules Proj Group] Feedback/results from MS via CRMS Report Evaluation Policy recommendations at EU level * Detections with reasons for targeting * High risks not confirmed First point of entry 17

18 CRMF evolution Strategic challenges - enhancing risk management Commission Communication on Customs Risk Management and Security of the Supply Chain COM(2012) th January 2013 Key issues Next steps 18

19 Thank you for your attention! Questions? DG Taxud Unit B.2 Risk Management and Security 19

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