Sixth ASEM Procedures Working Group (PWG) meeting
Brussels,
11 and 12 March 2002
Introduction
The Sixth meeting of the ASEM Procedures
Working Group was held on 11 and 12 March 2002 in Brussels and
was chaired by the European Commission. The meeting aimed to
address Customs issues tackled by ASEM partners toward trade
facilitation including issues pointed out at other ASEM meetings
such as the 3rd ASEM Economic Ministers meeting, the
AEBF VI meeting and SOMTI meetings including discussion on TFAP.
The meeting was attended by representatives from Austria, Brunei
Darussalam, China, Denmark, Finland, France, Germany, Indonesia,
Ireland, Italy, Japan, Korea, Malaysia, the Netherlands, the
Philippines, Portugal, Singapore, Sweden, Thailand, the United
Kingdom, Vietnam and the European Commission. The list of
participants is attached as Annex I.
Adoption of the Agenda
The attached agenda was adopted (Annex II).
Report on other ASEM meetings relating to
customs since the 5th PWG
(1)
Thailand reported on the 2nd
ASEM seminar on simplification and harmonization of the customs
procedures held in Bangkok in April 2001. The objective of
the seminar was to provide an opportunity to economic operators
to present their ideas on trade facilitation in the field of
customs and for both the customs and and business communities in
ASEM regions to discuss the customs' role and possible ways of
developing both parties cooperation towards trade facilitation.
Eight groups of considerations for the 5th ASEM PWG
were formulated covering 13 areas. The eight groups are the
following : ASEM Trade Facilitation Action Plan (TFAP) on
customs, trade facilitation agenda in WTO, Revised WCO Kyoto
Convention, good governance, cooperative relationship between
ASEM customs administrations and the business communities,
simplification and harmonization of elements on customs clearance
procedures, computerization and provision of one-stop service.
The report is attached at Annex III.
(2)
Korea reported on the 5th ASEM
Procedures Working group meeting held in Bangkok in April
2001. The meeting aimed to address the issues identified by the
previous ASEM Customs Directors-General and Commissioners'
meetings and issues of customs procedures in the ASEM TFAP. Korea
summarised the key decisions taken at the 5th PWG. The
summary is attached at Annex IV.
(3)
The European Commission reported on the WTO workshop on
technical assistance in trade facilitation held in Geneva in
May 2001. The workshop's objective was to provide a forum for an
exchange of views among all relevant parties (donor and recipient
countries, international and regional organisations) on the role
of technical assistance and capacity building in trade
facilitation. Main conclusions were importance of technical
assistance in trade facilitation ("not an
afterthought"), necessity of coordination between donors,
necessity of political will and "ownership factor",
necessity to ensure the sustainability of technical assistance,
usefulness of "national trade facilitation body" and
need of appropriate infrastructures. A summary of the report is
attached at Annex V. The full report can be found on the WTO
website (G/C/W/297 of 13 September 2001).
(4)
The European Commission reported on the ASEM seminar on
trade facilitation issues in the WTO held in Kuala Lumpur in
June 2001. The seminar's objectives were to improve understanding
on the WTO's current work programme on trade facilitation and
future prospects; to discuss the approach for enhanced
implementation of the ASEM TFAP based on the agreed deliverables
for 2000 - 2002; to exchange experience and benefits in
simplification of trade facilitation procedures among ASEM
partners; and to explore capacity building measures in trade
facilitation for developing countries. The seminar succeeded in
reducing some fears or misunderstandings about over-ambitious
rule making. The report is attached at Annex VI.
(5)
Sweden
reported on the 4th
ASEM Directors General and Commissioners of customs meeting
held in Stockholm in July 2001. The meeting's objectives were to
respond to the ASEM Leader's agreement to deal with illicit drug
trafficking and various forms of customs offences; to undertake
facilitation and liberalisation measures relating to
simplification and harmonisation of customs procedures; and to
consider the development of closer co-operation in these areas
among the customs administrations in Asia and Europe. A summary
of the report is attached at Annex VII.
(6)
The European Commission reported on the 7th
ASEM Senior Officials Meeting on Trade and Investment (SOMTI VII)
held in Brussels in July 2001. Senior officials emphasised the
importance of achieving substantive progress in the eight
priority areas of the TFAP in order to reduce non-tariff barriers
(NTBs) and transaction costs and promote trade opportunities
between the two regions. They renewed their commitment to
implement the edeliverablesf as set out in TFAP Goals
2000-2002 and as mandated by the ASEM Summit. ASEM partners
reported to SOMTI on the measures they have taken to address the
Generic Trade Barriers in the priority areas. The reports can be
found at the following address : http://europa.eu.int/comm/external_relations/asem/other_activities/index_activities.htm.
The SOMTI VII conclusions are attached at Annex VIII.
(7)
Vietnam reported on the 3rd
ASEM Economic Ministers' Meeting held in Hanoi in September
2001. Ministers reviewed progress in the implementation of TFAP.
They welcomed the achievements made in the different priority
areas towards the realisation of TFAP goals 2000 - 2002.
Ministers in particular noted the various seminars, such as the
seminar on customs procedures, as activities which contributed to
a better understanding between Asia and Europe. Ministers
supported initiative to start working on paperless customs
procedures within ASEM framework and to be reported to the next
Ministerial Meeting. The full report is attached at Annex IX.
(8)
Singapore reported on the 6th
Asia Europe Business Forum (AEBF VI) held in Singapore in
October 2001. The AEBF supports the ASEM governments' initiatives
on simplifying and harmonizing customs procedures to facilitate
trade, and commends the governments on the efforts taken thus
far. The Trade Work Group is in support of the initiatives, in
particular parperless customs procedures, taken by the ASEM
governments to address major generic trade barriers and urges all
ASEM governments to adopt those initiatives soonest. The AEBF
also recommends ASEM governments to minimize physical checks on
goods at respective entry points. The Chairman's Statement
together with the list of AEBF recommendations are attached at
Annex X.
(9)
Malaysia
reported on the 6th
ASEM Enforcement Working Group (EWG) meeting held in Kuala
Lumpur in February 2002. Among the main conclusions, it can be
noted that the meeting agreed to endorse the cooperation projects
proposed by RILO WE (Regional Intelligence Liaison Office -
Western Europe) that is to support the Global Cigarette Analysis
Project of the WCO, the CRASH Project (Co-operation of RILOs in
the framework of ASEM to identify smuggling of Heroin) and
Cigarette 2002 (Joint Project of RILO AP (RILO for the Asia
Pacific region) and RILO WE). To facilitate the joint-project,
the meeting took note of the importance of providing the
information required by giving input through the WCO/CEN (Customs
Enforcement Network), a country paper, and reply to the
questionnaire which will be circulated. Concerning the cargo
scanning machine the meeting agrees for the x-ray images to be
collected from user administrations and to be included in the CEN
database. In the context of risk management methods the meeting
agreed with the need to benchmark not only amongst customs
administrations but also with the private sector and to adopt
technologies in use by the private sector (with the required
modifications) for more effective enforcement tasks. Regarding
the future work of the working group, the meeting agreed to
organize a seminar to be held a day or two before the 7th
ASEM EWG meeting so that the points raised in the seminar could
be discussed. Finally, the meeting agreed to the proposal of an
action plan by Malaysia. The members were urged to determine
their priorities as to the deliverables proposed and to also
include suggestions of other deliverables considered to be
necessary. The members agreed to send their responses to Malaysia
by end of April 2002. A summary of the meeting is attached at
Annex XI.
Update
of the work undertaken within the APEC and ASEAN regions in the
customs field
(10)
China reported on the 2nd
meeting of the APEC Sub-Committee on Customs Procedures held
in Shanghai in August 2001. The report is attached at Annex XII.
(11)
Brunei
reported on the 9th
meeting of the ASEAN Directors-General of Customs held in
Makati City (Philippines) in July 2001 and on the ASEAN 8th
meeting of the Experts Committee on Customs Matters held in
Jakarta in January 2002. A summary of the two reports are
attached respectively at Annex XIII and XIV.
Trade
Facilitation Action Plan and application of WTO Agreements
(12)
Sweden made a presentation on the Virtual Customs House to
explain the proposal they made at the 3rd ASEM
Economic Ministers Meeting to start working on paperless customs
procedures within the ASEM framework. As Ministers expect a
report to be given at the 4th Economic Ministers
Meeting which will be held in Denmark in September 2002,
participants have agreed to include this issue in the next TFAP
for the period 2002-2004 (see also item 15 below). The
presentation emphasises the availability of a 24-hours, 7 days a
week service for all relevant services for all target-groups as
well as other interested parties with an interface suitable for
all needs. A copy of the presentation is attached at Annex XV.
(13)
Denmark made a demonstration of a new fully computerised
customs clearance system operational in Denmark for import of
goods into the European Union. It was shown that with the new
Danish electronic customs system the preparation of the customs
clearance takes place already when the goods are ordered. Dynamic
and fixed parameters ensure risk analysis management. The results
show that 93 % of all declarations are received on-line or
via EDI and thanks to the electronic declaration procedures will
be faster for enterprises (73 % of shipments are released at the
border) while an efficient control is ensured. Additional
information will be sent by e-mail to all participants.
(14)
Japan, the Asian facilitator of Customs Procedures,
presented a report on the progress made by the ASEM partners on
the TFAP deliverables for the period 2000 - 2002, based on
responses to a questionnaire and encouraged those partners which
have not achieve deliverables to do so before ASEM IV. A copy of
the report together with a matrix are attached respectively at
Annex XVI and XVII.
(15)
The European Commission suggested that a proposal
for new TFAP deliverables should be presented to SOMTI VIII which
will be held in Jakarta in the very beginning of July 2002. The
EC asked ASEM partners to provide their input in order to prepare
this exercise. The meeting agreed that the objectives of the
current deliverables which have not been reached will be taken
again for TFAP deliverables 2002 - 2004. Japan indicated that it
is ready to make a contribution on the preparation of new
deliverables. The EC proposed to include "best
practices for paperless customs procedures" as a new
deliverable.
(16)
The European Commission made a presentation on the uniform
application of the Customs Valuation Agreement. By this
presentation the EC wished to share its experience in the
implementation of this Agreement over many years and highlight
the various advantages and benefits for customs authorities. A
copy of the presentation is attached at Annex XVIII.
(17)
The European Commission gave a presentation on different
customs aspects of the "Doha Development Agenda"
adopted during the 4th WTO Ministerial Conference in
November 2001. This New Round of negotiations will last only
three years (until 31 December 2004) and follow the "single
undertaking" principle.
Firm commitments
have been made by WTO members to provide developing countries
with technical assistance to ensure capacity building. With the
constant lowering of customs duties, trade facilitation is
considered as an increasingly important aspect. Although
negotiations on trade facilitation will start after the 5th
WTO Ministerial Conference scheduled for mid-2003, WTO already
planned several working meetings in 2002. Work will focus on
different GATT articles (V transit, VIII formalities, X
transparency) to develop rules while at the same time providing
technical assistance to developing countries. WTO members also
agreed to launch comprehensive market access negotiations in
order to reduce or eliminate tariff peaks, high tariffs, tariff
escalation as well as non-tariff barriers.
The EC tries to
promote trade facilitation as well through bilateral negotiations
such as the current negotiations with Chile and Mercosur
countries. Work done through bilateral agreements or in the
multilateral context will have to be carried out in parallel to
ensure coherence at regional level. Several elements in the
customs field are considered essential aspects of trade
facilitation, notably the use of a single administrative document
or data message for customs declarations, computerisation, modern
customs techniques such as risk analysis, simplified procedures
and timely consultation with trade on legislative proposals and
procedures. The EC also supports efforts at international level
to hamonise data requirements on electronic customs declaration
and the definition of electronic messages.
(18)
Japan provided a status report on the ASEM Customs
Database and the ASEM PWG Homepage (http://www.customs.go.jp/asem/asem.htm
). As proposed at the last PWG meeting, both websites have
been redesigned, AEBF have been informed of the establishment of
the database. The attached survey (Annex XIX) shows that the
numbers of visitors to the two websites are relatively small
compared with the number of visitors to the APEC Tariff Database.
Although the ASEM partners agreed at the 5th PWG
meeting to link their customs websites to the ASEM database, only
a few linkages have been newly established. ASEM partners also
agreed to provide the information necessary for updating and
improving the database, some links however no longer exist or are
incorrect. See the report on ASEM PWG Homepage and ASEM Customs
database and the ASEM Customs Procedures Database Matrix,
attached at Annex XX and XXI.
The European Commission explained that although the matrix shows that no specific address has been given for each Community customs procedures, the whole Community legislation (the Community Customs Code together with its implementing provisions) can be found on the website of the Directorate General for Taxation and Customs Union : (http://europa.eu.int/comm/taxation_customs/index_en.htm
).
Korea said that
it appreciates the efforts made by Japan and that important
progress has been achieved. It recognized that numbers of
visitors are small and indicated that it will link its website to
the Homepage and the Database. Korea asked Japan whether it is
possible to change the address of both websites with the
following domain name:
www.asem.pwg
and include information on tariff rates and legal text in the
Database by providing link to each partnersf website.
UK mentioned the
bad score appearing on the matrix explaining that it is in the
process of improving its website and that it should be done by
the middle of the year.
(19)
The European Commission gave a presentation on electronic
customs. The European Commission together with EU Member States
are currently working at establishing a common strategy on
electronic customs at European level. Currently most Member
States are developing their own computerised system but a common
strategy has to be developed in order to ensure interoperability
of all these systems. In order to progress towards electronic
customs an important aspect will be to simplify and reduce the
number of current customs procedures. A summary of the
presentation is attached at Annex XXII. Finland announced that
there will be a 2nd ASEM Seminar on e-commerce which
will be held in Helsinki on 23 and 24 September 2002.
(20)
In the absence of a representative from AEBF, the European
Commission made reference to the AEBF VI recommendation to
encourage ASEM governments to minimize physical checks on goods
at respective entry points. However, there were no specific
comments on this issue.
(21)
The European Commission reported on the Informal meeting
on Capacity Building and Technical Cooperation amongst ASEM
partners in the field of customs which was held in the morning of
the 11th March 2002 with the ASEM donor partners
(Japan, Korea, EU Member States and the European Commission). The
list of participants is attached at Annex XXIII. The EC presented
a reflection document on guidelines on ASEM/TFAP technical
cooperation in the field of customs and related-procedures. The
reflection document is attached at Annex XXIV. ASEM donor
partners discussed the document and shared the following views :
·
The ASEM process and dialogue ? and the Customs Procedures
Working Group in particular ? has an important role to play in
support of technical cooperation and capacity building in the
customs field.
·
The ASEM PWG is an important forum where donors and recipients
can identify and discuss the needs of the recipients and the
possibilities offered by the donor countries. It would be helpful
for recipients to develop their own individual road maps showing
their plans and steps to reach their objectives in the customs
field. This will also help donors to better target their
assistances.
·
A distinction should be made between technical cooperation and
capacity building. The importance of a strategic approach to
capacity building through specific technical cooperation projects
has been underlined. Adequate institutions and organisations are
necessary foundations which are required for effective capacity
building in a long term perspective.
·
The importance of having a specific time table for technical
assistance and capacity building which should define clear
objectives within a specific period; this timetable should be
part of a long term strategic approach.
·
The importance of capacity building and technical cooperation in
the framework of the WTO negotiations on trade facilitation as
well as the importance of effective implementation of the Trade
Facilitation Action Plan between ASEM partners.
·
To compile and circulate information about the requests and needs
of the potential beneficiary ASEM partners as well as technical
cooperation and capacity building actions organised or planned.
The PWG should ensure that the practical way this information can
be made available to all partners do not lead to duplication with
similar type of activity in another fora (WCO, WTO, APEC, c).
Moreover, ASEM PWG should also follow those initiatives in these
fora for coordination .
·
To seek to the extent possible to establish common position in
the WCO as well as the WTO on aspects of capacity building and
technical cooperation that have been examined in the framework of
ASEM PWG.
·
To examine the enclosed reflection document within the PWG to be
shared by partners as a useful practical reference to all
partners in providing trade related technical assistance in the
customs field.
Subsequently, donor
partners presented the guidelines to the other partners. After
discussion all ASEM partners considered the reflection document
to be shared among themselves as a useful practical reference to
all partners in providing trade related technical assistance in
the customs field. All ASEM partners also agreed to report back
at the 7th PWG meeting on activities carried out for
technical cooperation in the field of customs.
Customs
developments in the Community and with ASEM Asian partners
(22)
The European Commission provided an overview on the
process of enlargement of the EU focusing on the implications for
customs and on the external border controls. Some general
information extracted from the EU website was distributed at the meeting and
more information can be found on this website (http://europa.eu.int/comm/enlargement).
A summary of the presentation is attached at Annex XXV.
(23)
The European Commission reported on the recent progress in
customs cooperation and mutual administrative assistance between
the EU and ASEM Asian partners. The European Commission provided
an overview and explained the content of the agreements on
cooperation and mutual assistance in customs matters already
concluded between the EC and third countries and in particular
the agreement with Korea. A copy of the agreement concluded with
Korea was distributed at the meeting. It was reminded to the
meeting that during the 3rd ASEM Finance Ministers'
Meeting which was held in Kobe (Japan) in January 2001,
Ministers, while reaffirming that trade facilitation and
enforcement must be well coordinated, encouraged Customs
authorities to continue strengthening their cooperation. They
also noted that this cooperation would be enhanced by supporting
instruments such as customs cooperation agreements. An outline of
all the agreements on cooperation and mutual assistance in
customs matters concluded between the European Community and
third countries is attached at Annex XXVI.
Others
(24)
Indonesia
announced that it is happy to accept to hold the
7th ASEM Procedures Working Group together with the 3rd
ASEM Seminar on Simplification and Harmonization of Customs
Procedures. The timing and venue of the meetings will be decided
at a later stage and communicated to all ASEM partners.
(25)
Amendments to the list of contact points should be sent to the EC
no later than the end of April 2002. An updated version will then
be sent to all ASEM partners.
(26)
It was agreed that the report of this meeting would be sent to
all participants by e-mail.
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