of alternative possibilities at the national, regional, and local levels). Specifically, the commission will not take action outside areas that fall within its exclusive competence, except in cases where EU action would be more effective than action taken nationally, regionally, or locally. The subsidiarity principle is closely bound up with the principles of proportionality and necessity, which require that any action taken by the EU should not go beyond what is necessary to achieve the Treaty of Rome’s objectives. In practice the EU’s legislation, international agreements, and overall coherence are managed by the European Commission through cooperation among European institutions and EU member states, with operational responsibilities remaining at the national level. The EU’s legislation is directly applicable in its member states, and national administrations are required to align their national legislation and implementing provisions accordingly. The EU’s 27 national customs services now work together to act as a common customs service by applying common legislation and working methods. A work program, Customs 2013, has been created to reach this important goal—as well as to reinforce security (within the EU and at its external border) and to strengthen the fight against fraud. Other objectives have been added: for example, to make European business more competitive by reducing transaction costs through automation and simplification. The use of ICT for customs at the EU: the situation today
15 Information and communications technology in support of customs unions: a case study of the European Union
Embedded in the provisions of the EU’s new customs code4 is an enhanced mission for EU customs. The use of ICT is essential to this enhanced mission, which includes the integration and interconnection of new and modernized customs procedures throughout the EU. Mandate and governance
Developments in ICT are closely linked with the evolution of policy, legislation, and procedures in the EU customs union. Initially ICT was a purely national competence—systems were designed for the operational responsibilities of individual member states. Later, to replace paper based transEuropean procedures, solutions known as customs 252
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trans-European electronic systems were developed. For the EU’s economy to continue competing globally, it was essential to be able to exchange electronic information with the trade through various interfaces based on commonly used technology. The mandate to create and operate trans-European customs systems required a legal basis for the possible—or even obligatory—use of electronic declarations.5 A major initiative for the EU customs union, Electronic Customs has its direction and content governed by regulation,6 joint decision,7 and a common code of practice.8 Under the Customs 2013 work program, ICT developments are governed by a detailed work program and priorities for investments made from the EU budget. Such investments must be approved by the EU’s member states and monitored through regular meetings of its Customs 2013 Committee. All project documentation is maintained by the European Commission and published on secure Web sites to guarantee its availability to all concerned parties. Organization
The typical approach to customs ICT developments begins with the European Commission preparing a project proposal, which is then reviewed by national delegates of the Electronic Customs Group. A common position—taking into account the views of the EU member states—is established. The European Commission then takes responsibility for the design, development, and implementation of the agreed position. At the start of each new project a project plan and user requirements are prepared by the European Commission and reviewed and agreed by the Electronic Customs Group. Business process models are then prepared. The models are incorporated into the system functional specifications. Once the specifications are adopted, the system technical specifications become the basis for soft ware development. All software must undergo detailed testing before its acceptance and deployment. Before ICT solutions can be allowed to enter into production, EU member states must subject the solutions to conformance tests. The European Commission typically operates the test tools, reference data systems, and statistical tools. It also may