RALFH. Foreword. Contact group of customs managers of northern ports EU. Bulletin d information Newsletter Informationsblatt

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1 Contact group of customs managers of northern ports EU Nieuwsbrief Bulletin d information Newsletter Informationsblatt Foreword With some pride, I would like to present the second edition of our RALFH newsletter. RALFH, remember extensive collaboration between the customs services of the ports of Rotterdam, Antwerp, Le Havre, Felixstowe and Hamburg. Seaports that handle 70% of all cargo within the European Union, and where the customs services are an essential link in the logistical chain. Felixstowe RALFH has become a familiar subject over the years, and is discussed both inside and outside of the customs service. Several articles have appeared, for example, in trade literature and in transport media. Other similar collaboration initiatives are being set up. In this Newsletter, you will find information on: - State of the RALFH initiatives. - An article by Jos Hupperetz concerning the non-revenue side of customs control. Jos works at the European Commission in Brussels and is also secretary of our RALFH project. - An overview of control results from containerscan checks. - Impressions from trade representatives. As far as the coordination of our project is concerned, you should know that Willy Boden, deputy director of the Antwerp Regional Executive handed over his work to me as planned on 1 April I would like to thank him once again for all his work in relation to RALFH. What has been happening around RALFH? Exchanges Exchanges concerning the use of x-ray scanners have already taken place. Arrangements for exchange visits after the summer holidays have been made concerning the inspection of ships and the efficient selection of containers. RALFH hopes to gain a lot of information from the reports drawn up by the colleagues involved, information that will then be used for other studies and research into standardisation of working methods Comparison of our customs activities These will be completed before the summer holidays; a lot of effort has been put in to collecting the necessary, comparative, data. In September, this comparison of our port photographs will be used to decide the most important areas for the exchange of customs officers. The first focused exchange visits by officers may then take place in November. A more in-depth comparison of working practices can be carried out during these exchange visits. Proposals for changes in working practices might then be made following this activity. Rotterdam Antwerpen Le Havre Felixstowe Hamburg

2 These are further steps towards the ultimate objective of RALFH: the creation of a level playing field to ensure an equal and appropriate treatment of businesses. Areas of interest for inspection The regular, periodical, exchange of information is beginning to produce results. As a result of control information, many new profiles have been established for the relevant seaports. For example, advice from Antwerp about clothing resulted in a correction in Rotterdam of about e 50,000. Another advice from Antwerp, relating to products in Chapter 44, lead to amendment action at Felixstowe of about (approx. 159,000). Transhipment problem Colleague Shawn Fellingham from Felixstowe raises a number of issues in relation to this subject (including the possibility of status exchange). These are being discussed with colleagues at the RALFH ports. Southern ports An initial exploratory meeting has already taken place. Greece, Italy, France, Spain, and Portugal were invited to the meeting. Arrangements have already been made within this group about making 'photos'. Airports A number of customs officials of the important airports in France, Germany, Belgium, Italy, the UK, and the Netherlands have convened a group to improve co-operation in various sectors. Questions page Perhaps as a concerned customs official you have questions or ideas relating to RALFH. The contact group would be more than happy to answer them. I look forward to your response Your RALFH coordinator, Jaap Everwijn, deputy director, Rotterdam Customs jpe.customs.rotterdam@ worldmail.nl Customs controls on non-fiscal matters The article is drafted by: Jos Hupperetz, European Commission, Taxation and Customs Union DG Introduction Nowadays Customs are facing the difficult challenge of coping with an increasing range and number of Community controls in an environment where the volume and speed of international trade is increasing. At the same time the increasingly global marketplace offers greater opportunities for fraud and organised crime. Customs implement Community policies in almost all international trade related fields. Customs are involved in the implementation of Community regulations relating to external trade, not only for duty or trade regulation purposes, but also as regards environmental, anti-dumping, consumer protection, cultural and agricultural controls. Customs' expertise in controls In many cases Customs expertise in trade controls and taxation is used by Member States for national purposes by making their Customs administrations responsible for certain matters which go beyond the pure administration of the Customs Union. Furthermore, Customs work is growing both because of increasing international trade and the growing number of specialised controls they are called upon to apply. The creation of the single market added an additional level of responsibility to this work. When intra-community borders were controlled, a mistake made by one customs administration could be corrected by another and hence have limited impact on trade or citizens in an individual Member State. Now, once goods are cleared in one Member State, impact can be felt across the Community. This makes the possibility of weaknesses in customs controls extremely sensitive, particularly where the controls relate to human health or environmental matters. This is of special significance when it comes to enlargement. Two sectors of non-fiscal activity The following sectors are taken as examples for controls on non-fiscal matters. 2

3 InConTrol nr. 3 oktober 2000 Protection of intellectual property rights Illegal activity in this area is growing very rapidly threatening both employment and the health and security of EU citizens. In 1999 Member States Customs administrations detained over 25 million articles with an estimated value of 780 million. These included items as diverse as parts of cars, medical kits, pharmaceuticals, microprocessors, software, textiles, shoes, CDs, toys and a wide range of household products. It is very difficult to assess the impact of counterfeiting on EU employment but studies suggest over EU jobs were lost as a result of illegal production in this area which is considered to represent between 5 and 7 per cent of world trade. Counterfeiting is an area subject to exploitation by organised crime particularly for money laundering. means to address priority areas. It is important that Member States concentrate their capacities for controls on the external trade of the Union. Concerning these controls it is also important to maintain a level playing field in the single market in order to ensure the comparative effectiveness of customs controls. These were some of the main reasons behind the creation of the RALFH contact group. The European Commission has recently published a communication concerning a strategy for the customs union. It is a review to the strategy to be adopted for customs' activities in the Customs Union in order to take account of major changes which are underway or which will occur in the near future, e.g. enlargement of the European Union, changing revenue collecting role of customs and increasing requirement for customs to ensure the safety of citizens. Environmental and Health controls Customs are in the front line protecting the Community and the world not only from imports and exports of dangerous or environmentally harmful products but also in protecting rare species under the CITES Convention, as well as controlling the Community's heritage when it comes to exports of cultural goods. In the recent Dioxin crisis, customs were responsible for ensuring the primary control of the return of any goods suspected of contamination. Similar actions occurred with irradiated goods after Chernobyl. The growing interest in this area, means customs will have to work with other ministries to develop procedures to deal both with future crises and to ensure more effective general controls. 1. Communication from the Commission to the Council, the European Parliament an the Economic and Social Committee concerning a strategy for the Customs Union (COM (2001) 51 definitive from ) In 1998 Finnish customs rejected 11 consignments of products due to their excessive irradiation. Customs are responsible for over 60% of all seizures of illegal traffic in endangered species under the CITES convention. Inventory of control areas The above-mentioned important subjects are just two out of a list of more then seventy European Regulations and Directives such as those relating to, product safety, precursors, cultural goods and common agriculture policy. Within the framework of Customs 2002 the Commission is working on a complete inventory of control areas to bring together information on major controls applied as a result of Community legislation. The inventory of control areas is intended to provide a basis for discussion with the Member States of areas where most difficulties are encountered and, in the light of joint Commission/Member States examination, to seek the best 3

4 Control results from containerscan checks Felixstowe Policy within the UK is to have a wide network of mobile x-ray container scanning units and is expected that there will eventually be about twenty. This is to ensure that traffic moving through all ports on the UK s extensive coastline wil be subject to interception at some time and that smugglers cannot simply avoid locations with scanners. Our unit at Felixstowe arrived in January 2001 and after initial teething troubles the scanner is now producing impressive results, nearly 40m cigarettes detected with a revenue value of over 10m euro. A number of detections have taken place in difficult cargoes, that would have taken hours for officers to search and a false bulkhead in a container was recently Rotterdam Maasvlakte This containerscan, that cost approximately 12.5 million, was officially put into service on 17 May From that date onwards right up until April 2001, 48,500 containers were put through the scan, and as a result, 3500 pictures gave cause to start a physical control of the contents of the containers. In 960 of those cases, this lead to the discovery that the contents of the container did not tally with the paperwork. The most important results are: Cigarettes, spirits, wine, soft- and harddrugs, xtc-pills, and precursors. The results from March 1999 are: discovered. Over 2,400 scans have taken place to date, but as our staff become more expert in image interpretation (it takes about 6 months to become fully proficient, and we deploy the scanner 24 hours per day, 7 days per week) we expect that number of scans to be carried out per month. At Felixstowe, we mainly attempt to route containers to the scanner directly from the ship as it unloads (by advance selection). Whilst our trade community have some concerns about the proposed charges that the port operator is seeking to introduce to produce containers at the scanner, examination ex-ship does minimise delays. The revenue that would have been lost from our detections so far, means that the equipment has already paid for itself. Ian Minter Felixstowe Scan Team Leader. Rotterdam Type of goods Number of seizures Amount Street value Excise, duties Cigarettes million 4,537,802,00 Vodka 3 18,630 litres 141,579,00 Wine 7 64,640 litres 58,991,00 98% alcohol ,000 litres 3,379,977,00 XTC-pills 1 50,000 pcs. 22,689,00 Heroin 1 50 kg. 1,361,340,00 Marihuana 1 2,400 kg. Cocaine kg. 453,780,00 Precursors 2 4,630 litres 4,084,021,00 in pills Hazardous chemicals 31 CITES 8 Cultural goods 3 Other results 850 4

5 InConTrol nr. 3 oktober 2000 Antwerpen The Antwerp customs authorities do not yet have an X-ray scanner at their disposal. Still, the procedure for putting out contracts and the ordering of a mobile scan has commenced. Delivery of this machine is expected in the spring of In the meantime, plans for a fixed scanner are being worked out. Hamburg The container testing system (CPA) Hamburg commenced its operation on 1 September 1996 and has since scanned approximately 60,000 cargo units (mainly containers). In 3,400 cases the evaluation of the images gave cause for suspicion. The initial suspicion was confirmed in 940 cases upon a second inspection. In 138 cases these inspections resulted in the hereafter 'hits' shown later on this page. The remaining irregularities (805 cases) which were established concern false declarations regarding kind, quantity, and property of goods, as well as various cases of trademark violations. Hamburg Antwerpen Control results from containerscan checks The results from September 1996 are: Type of goods: Number of seizures: Amount: Street value: Excise, duties: Cocaine 11 1,981.5 kg 211,107,304,00 Marijuana tons 34,859,880,00 Hashish tons 11,217,743,00 Cigarettes 91 2, cartons 64,867,600,00 Alcohol 5 95,863 l 1,452,068,00 Stolen cars (export) ,405,00 Weapons Other results 805 5

6 Control results from containerscan checks Le Havre In 1996 the Sycoscan from Le Havre was the first scanner used on the European continent. This aid, which is indispensable for the performance of fast and effective customs checks, was installed in the inner harbour of Le Havre, without it being allocated to a specific terminal. The containers chosen for a Sycoscan are selected on the basis of three different sources. Firstly, through targeting on a manifest, performed by CELTIC (the department that occupies itself with the combat against illegal trade through containers); then through a decision to this end from the officials responsible for the implementation of the request; and finally through the officials who check all of the road traffic and who can send the containers to the Sycoscan. The results in 2000 are: Annually, 6,500 containers are checked in this manner. The unit responsible for its performance consists of 27 officials for the opening hours (five days a week) and on Saturday morning. The most important results occurred in the field of narcotics ( ), the discovery of stolen vehicles and cigarette smuggling. Le Havre Type of offence Number Type of merchandise Weapons 7 Guns, revolvers, knives Stolen vehicles 6 Cars, motorbikes Cigarette smuggling 6 Imitations 13 Shoes, clothing, belts, fashion accessories, car parts CITES 14 Shellfish, ivory, tortoise, gorilla, coral, caviar Cultural goods 6 Movable property, paintings, immovable property Other results 130 RALFH nr. 2 july

7 InConTrol nr. 3 oktober Opinion from trade representatives of Le Havre Though the Community Customs Code has brought uniformity into the systems and procedures of the fifteen member states of the Union since 1993, businesses often report differences in methods of application, which are seen purely as distortions of competition. This idea, anchored in the imagination of trade - often fantasy, sometimes even reality raises doubt about the work of the European customs departments. This is why the initiative from the Commission for the creation of RALFH, was received very positively by our economic partners (Autonomous Port, unions of customs shipping agents, shipowners, consignees, Chamber of Commerce and Industries). They expect from us that we compare the methods of application of community texts and regulations and harmonise them, so the choice of chartering broker s is only made on economic and not on administrative grounds. Deltalinqs and Municipal Port Authorities in Rotterdam: RALFH is necessary! According to Rob Bagchus, deputy director of Deltalinqs - the organisation which looks after the interests of businesses in the port and industry in Mainport Rotterdam - customs checks have become part of the logistic process whether we like it or not. Fast and essential checks, therefore, are essential. In the Netherlands, the customs department is working on this. However, it is and remains important that customs procedures are implemented in the same way and with the same intensity in all countries of Europe. An initiative like RALFH is important for the creation of a level playing field. Pieter Struijs, director of the Municipal Port Association, adds to this that such initiatives are essential to arrive at effective checks. In the European context, checks are useful only if they take place in the same way everywhere and diversion of cargo is not rewarded. He names the port state control, which has contributed to safer shipping for a long time, as an example of co-ordinated agreements. What the trade in Antwerp expects from customs and RALFH Impressions from trade representatives In Antwerp it is expected that customs be an integral part of the transport chain. This means they have to carry out correctly the necessary documentary and physical checks while causing a minimum of hindrance or delay to the handling and transport activities in the port. The RALFH-platform can assist in meeting this objective. E.g. customs procedures must not only be equally applied to all port users in Antwerp, but must also be equally applied in all European ports. Nowadays, this is not always the case, which can lead to an unacceptable distortion of competition. Customs can use the RALFH-platform to check where different interpretations of European law still exist. RALFH can also be a platform to develop common standards for the various EDI-systems that the customs authorities are using in the ports involved. 7

8 InConTrol nr. 3 oktober Impressions from trade representatives Strong support of the Felixstowe Port Users Association The Felixstowe Port Users Association strongly supports the initiative taken by the 5 RALFH member ports. The port community in Felixstowe is keen to see the level playing field objective of RALFH come to fruition and we are more than willing to take part with assisting the exchanges of officers. We at Felixstowe have a history of close co-operation with our Customs colleagues and this has contributed to the success of the port. Indeed, our electronic port community system, came about through such a joint effort and it is now the model for many ports throughout the world. We anticipate that, when the necessary groundwork has been carried out, the contact group will begin to flesh out in more detail how their objectives will be achieved. We look forward to playing our part. Charles Wilkinson, Chairman, Felixstowe Port Users Association Removal of differences welcomed by Hamburgs trade representatives In order to realise a real common customs region, it is inevitable that all customs authorities play by the same rules. We therefore welcome the objective of RALFH, which wants to uncover and adjust the (still) existing differences between the ports concerned, and thus pave the road to competitive parity and a reduced fraud risk. It is equally welcome to accompany this plan with an information leaflet to inform the general public about the obstructions, as well as the measures for their removal. P&O Nedlloyd U. Prill For more information you can visit the Customs 2002 website: RALFH: Contactpoints: Telefoonnr.: Faxnr.: Port: Mr. Jaap Everwijn (+31-10) (+31-10) Rotterdam Mr. Willy Boden (+32-3) (+32-3) Antwerpen Mr. Hugues Galy (+33-2) (+33-2) Le Havre Mr. Chris Needs (+44-1) (+44-1) Felixstowe Herrn Günther Losse (+49-40) (+49-40) Hamburg Mr. Jozef Hupperetz (+32-2) (+32-2) Europese Commissie 8