02.01 Customs 1. Basic Information 1.1. Désirée number: PL Title:

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1 02.01 Customs 1. Basic Information 1.1. Désirée number: PL Title: Customs 1.3. Sector: Administration Twinning code: PL2000/IB/FI Location: Poland 2. Objectives 2.1. Wider Objectives Wider Objectives (Strategic goals) for the Polish Customs Administration (PCA) have been defined in the Business Strategy of the PCA until An adaptation of the Customs Administration to the EU requirements as they are set up for the Member States (MS). Removing bureaucratic barriers in international trade. Efficient and effective collection of customs and tax duties. Realisation of the State's customs policy and supervision over trade in goods which are a subject to prohibitions and restrictions Immediate Objectives To meet the EU standards and accession requirements in relation to the Customs control system, specifically as regards sufficient protection of the Polish eastern and northern border: Computerising transit operations carried out under Common Transit Procedure. Supporting Polish borders in relation to enforcement of intellectual and industrial property rights and protection against illegal inflow of pirate and faked goods. Transforming Polish customs control system for trade of restricted goods towards European Union standards and best practice: establishing a sound, up to date legal basis for the functioning of the customs control system, in accordance with Community legislation, through practical implementation and standard application of the Customs Code and the executive rules, and improving the effectiveness of the fight against customs and border crime through the introduction of modern operational techniques and the further development of the PCA technical infrastructure Accession Partnership and NPAA priority The strategic goals described above are in line with the priority objectives identified in the AP 99 (items 3.1, 3.2) and in the NPPM (Chapter 3.8.1). 3. Description 3.1. Background and justification The PCA will play a key role in Poland s integration in the EU as a significant part of the Polish border is to become external border of the EU. As the new eastern border of the EU, with five borders to control, as a major transit route and with a rapidly expanding economy the PCA needs most of all to improve its efficiency as a customs service. The preparation for EU membership is currently regarded as the first priority of the Polish Government which determines the Customs Administration main areas of activity. The accession process involves meeting minimum EU standards in 13 areas (EC Customs Blueprints). After adoption of the new Customs Code, further activities towards full alignment of the legislation concerning customs issues and improvement of the infrastructure have been undertaken. The PCA has adopted the strategy for the Customs service development till the year 2002 and an IT strategy. By the end of 2002 Polish customs service will be fully prepared for accession, to remove the EU internal borders and to effectively protect the external one. Between the most important tasks the PCA recognises preparation of the customs service to maintain effective customs control on behalf of the EU, sufficient collection of revenue, fight against fraud and other customs offences, facilitating legal trade, transit and international exchange. The project is divided into subprojects to provide a clear description of the work required in relation to each immediate objective and to simplify the management of the overall project. 1. Development of the New Computerised Transit System NCTS Customs / 1

2 The sub-project is aimed at the development and implementation of the New Computerised Transit System. NCTS shall process information notices transmitted between Customs offices committed to the transit operation and between the Customs office and traders, using EDP (Electronic Data Processing) techniques. Most of cargo transferred between the countries of the convention is going to be proceeded in the future according to the CTP procedure. The works connected with realisation of the NCTS project have been already proceeding since The participation in the project is obligatory for 22 customs administrations of the participating countries of the CTP, including Poland, which is obliged to implement the system by the end of June Preparation of the Customs Service for Intellectual, Commercial and Industrial Property Right Protection Activities The PCA needs to develop new approach to the IIPR protection, what might be achieved with support of relevant IT system, based on the EU member states best practice and experience. In order to underpin an intellectual property rights protection factor into overall risk analysis system it is planned to prepare and introduce within the sub-project a pilot IT expert database, a local 4-PC-LAN implementation at the CBC Property Rights Protection Unit with intranet accessibility. Such database could be an existing software package used in MS (e.g. MUSYC database) and should contain: name of the person who encroach on intellectual rights of right holder; data on goods, its amount and value; sending country; means of transport; which trademarks were counterfeit; which copyrights were pirated; cases of encroach on Intellectual rights in other countries; and other information. The final system is planned to be developed out of the framework of this project as a sub-module of the risk analysis module of the CELESTA System. In addition, separate training is foreseen, aimed at acquiring the best practice of the relevant units of the EU Customs administrations. The training will also help to prepare, introduce and service the above mentioned IT database, based on the experience of the EU countries. This Sub-project relates to a similar project presented by the Ministry of Culture on initiative of the Customs Administration. The Customs Project is focused on the IT aspect of the subject, whereas the project presented by the Ministry of Culture relates exclusively to issues of IIPR and is aimed at improving practical methods of customs control with regard to distinguishing counterfeited and pirated goods. 3. Strengthening of the Customs Control System This sub-project increases the potential operational capability of the customs control system through: developing and introducing comprehensive control techniques, based on the best EU MS working patterns and experience, inter alia on a risk analysis method, focused on the high risk profiles, work re-organisation efforts (based on the best EU MS experience) aimed at increasing efficiency and effectiveness of the customs control system, specifically at the eastern and north eastern border, equipping customs service with sufficient devices for detection, identification and tests of strategic, restricted and dual-use goods and commodities. This investment package is oriented into two directions. First, to provide Polish eastern border with professional x-ray mobile tools for scanning of trucks and containers to reduce waiting time and queues, speed up customs control process, reduce number of physical inspections and their costs. Machines are planned to be placed on the future EU external border at customs locations in Bezledy, Budzisko, Ogrodniki, Bobrowniki, Kuznica Bialostocka, Hrebenne and Medyka. Secondly, bringing customs laboratories to the EU level of professionalism, equipping them with high-tech complex detectors, analysers and other devices, and simultaneously introducing related new research techniques and methods used for customs control over specific goods (strategic, restricted and dual-use). arranging and providing professional training for customs officers to increase their knowledge and ability to apply complex control techniques and sophisticated equipment, arranging and running information campaigns for the business sector and society in general Linked activities Phare programmes: Phare Programme Polcustoms PL9305 (under way), Cross-Border (detection equipment for the Polish western border); Customs Co-operation/Transit Facilitation; Multi-country Drug; Other programmes: Matthaeus Programme (training for customs officers); Know How Fund British customs experts assistance; Bilateral Programmes funded by the governments of Denmark and Holland; National Computerised Customs System (OSIAC) funding planned from the national budget; Customs / 2

3 3.3. Results 1. Successful implementation of the NCTS project is expected to result in efficient and effective administration of the Common/ Community Transit Procedure, in a lower number of inconsistencies and abuses connected with transit, in drop in overload of the border check points, and finally in legal trade facilitation. 2. The creation of an IT database in the area of intellectual and industrial property rights allowing the introduction of the methodology of risk analysis. Properly equipped and trained staff in view of enforcement of IIPR. Improved efficience of the custome services in IIPR protection. 3. Improved border protection, specifically focused on the eastern border as the future EU external border. Alignment of organisational and procedural arrangements on export/import control with relevant EU standards. Increased effectiveness in recognition and preventive activities against illegal flow of restricted goods. Increased capability and effectiveness of the PCA s control operations, especially in relation to flow of the restricted (dual use, weapons) goods. Reduced time for customs clearance and the time awaiting customs clearance Activities Twinning is expected to cover all sub-project activities requiring conceptual work (analyses, design), advisory services and transfer of knowledge and experience (training, seminars, study visits). The twinning role is a comprehensive and detailed programme of work agreed between the PCA and selected MS customs administrations and other institutions leading to the effective institutional, administrative and operational functioning of the PCA The PCA envisages specialist input from twinning partners in the primary functional areas of work of the customs service: 18 man-months PAA assistance to the Central Board of Customs in management of the whole project; in particular: Assist and advise PCA and the Pre-Accession Unit with the definition, planning, organisation, co-ordination, control and monitoring of all activities relating to the implementation of the Phare 2000 project and its sub-projects; Monitoring the progress and the measures of success and other key indicators of project implementation; Co-ordination and monitoring of quality assurance in relation to the programme and to each sub-project; Management of short term experts, including logistics and work supervision; Management support to the PCA organisational units responsible for the project realisation; Liaison and reporting activities in relation to EU Commission requirements two 15 man-month missions of experts providing TA and overall co-ordination to sub-projects 1 and 3 accordingly; in particular: Professional technical assistance at all levels of the sub-project realisation; Co-ordination and monitoring of quality assurance in relation to the programme and to each sub-project; Management of short term experts, including logistics and work supervision; Management support to the PCA organisational unit responsible for the sub-project realisation ca. 100 man-days of medium-term TA to the sub-project no. 2 (tasks as for item above) short-term missions of high professional level specialists; Professional technical assistance at the specific levels of the sub-project realisation two packages of training and study visits for sub-projects 1 and 3 accordingly. Two or three twinning partners from MS customs administrations will be attracted to match particular work areas. The partners will have the knowledge and capability in the work area to fulfil the partnership role successfully. Factors such as border proximity, language, modern methods, success ratios, system compatibility and cultural compatibility are all being taken into account. The twinning partners are expected to offer all components mentioned above, especially eighteen-months PAA commitment. Polish Customs Administration expects that the person proposed for this post presents the following profile: Positive commitment to the pre-accession programme; Extensive programme and project management experience; Analytical, problem-solving and creativity skills; Wide scope of professional experience in a MS customs administration; Deep knowledge of the MS customs administration; Practical knowledge of the PCA and its specific needs; Information systems development experience; Team worker and motivator; Good communicator; Rapidly adapting to new working environments and ability to work under pressure; Experience of managing staff and budgets; Working knowledge of Polish and fluency in English; Experience of working in central/eastern Europe and in Phare programmes; Wish to stay in Poland for 18 months. Investment support for the Polish Customs Administration will be an integral part of all three components of the project, and will be realised within the frameworks of 4 separate contracts. 1. purchase and installation of hardware and system software (0,25 M ) for a complex IT system processing operations of the common transit procedure Customs / 3

4 2. purchase and install a 4-PC local area network with intranet accessibility for a pilot IT expert database at the CBC Property Rights Protection Unit. System and office software. 3. detection, identification and tests equipment for strategic, restricted and dual-use goods and commodities. High-tech complex detectors, analysers and other devices used for customs control over specific goods (strategic, restricted and dual-use). Infrared Spectrophotometer with Fourier Transformation (resolution in range 4-2 cm-1 covering MIR range) with associated equipment and all drug spectrum libraries. Mobile x- ray tools for scanning of trucks and containers to reduce waiting time and queues, speed up customs control process, reduce number of physical inspections and their costs. Non-twinning Technical Assistance Within sub-project 1 an investment package and an IB component will create a complex IT system processing operations of the CTP. Relevant contract will cover non-twinning technical assistance input: whole system development process throughout analysis, system design, construction of an application software, implementation and production stages (0,6M ) and investment input: purchase and installation of hardware and system software (0,25M ) 4. Institutional Framework The Polish Customs Administration will assist in the implementation of the proposed project. The overall project will be co-ordinated by the Project Leader appointed by the President of the Central Board of Customs. The Project Leader will be supported by the Phare Programme Management Unit of the Central Board of Customs. The following organisational units of the Central Board of Customs will be responsible for realisation of the sub-sequent sub-projects at the professional level: Information Technology Department, Intellectual and Industrial Property Rights Protection Unit, and the Prevention and Customs Supervision Department. The Polish Customs Administration will be owner of the software and hardware. 5. Detailed Budget (in million EUR) Project contracts Investment Support Institution Building Phare Total (=I+BI) National Cofinancing TOTAL MEUR 1. Development of the New Computerised Transit System (one contract for equipment and one contract 0,250 0,600 0,850 0,850 for TA non-twinning) 2. Investment package for Intellectual and Industrial Property Rights Database (one contract) 0,050 0,050 0, Delivery and installation of the laboratory equipment 2,000 2, Delivery and installation of Infrared Spectrophotometer with Fourier 0,235 0,235 0,235 Transformation (one contract) 3.3 Delivery and Installation of the X-ray Mobile Scanners (one contract) 3,465 3,465 3, Twinning Covenant (one contract) 1,400 1,400 1,400 TOTAL MEUR 4,000 2,000 6,000 2,000 8,000 The Polish authorities have assured that the Government cofinancing is available either through the reserve budget foreseen specifically by the Ministry of Finance for this purpose each year, or directly through the budget of the relevant Ministry. 6. Implementation Arrangements 6.1. Implementing Agency PAO: P. Samecki, Undersecretary of State at the Office of the Committee for European Integration Al. Ujazdowskie 9, Warsaw. Tel.: , , FAX: , CFCU: Foundation Cooperation Fund, 6/12 Nowy Swiat St., Warsaw. The CFCU is responsible for handling tendering, contracting and payments of contracts on behalf of the Ministries of Finance which itself shall be responsible for preparing projects and managing their technical implementation. Purchase of technical equipment will be subject to standard tendering procedures of the Phare Decentralised Implementation System (DIS) Customs / 4

5 6.2. Twinning Beneficiary institution: Central Board of Customs, Glówny Urzad Cel, ul. Swietokrzyska 12, Warszawa, Poland. Contact person: Rafal Glos, Head of Foreign Assistance Unit, Tel: +48(22) , Fax: +48(22) , The Institution Building part of the project (with an exemption for NCTS Development) will be the subject of the twinning arrangements. The twinning arrangement will include: 18 man-months of PAA extensive assistance to the Central Board of Customs in management of the whole project; two 15 man-month missions of the professional experts providing technical assistance and overall co-ordination to sub-projects 1 and 3 accordingly; ca. 100 man-days of the medium-term technical assistance to the sub-project no. 2; short-term missions of high professional level specialists and two packages of study visits for sub-projects 1 and 3 accordingly. This assistance package is expected to cover all sub-project activities requiring conceptual work (analyses, design), advisory and consultancy (project management, quality assurance, technical assistance) and transfer of knowledge and experience (training, seminars, study visits) Non-standard aspects: n.a Contracts 5 investment contracts (6,6M ) and one twinning covenant (1,4M ). 7. Implementation Schedule Start of tendering: September 2000 Start of project activity: January 2001 Project completion: December Equal Opportunities Sex discrimination is forbidden by law in Poland. The only criteria for choosing the project participants are professionalism and experience. 9. Conditionality and Sequencing After adoption of the new State administrative structure, following the provisions of the NPAA, the new structure of the PCA is expected to be introduced within the period of 2000/2001. The activities focused on the standard application and interpretation of new legislation should require the legislation to be fully in place and adequate for the purpose. The activities may reveal the need for additional organisational, procedural and operational changes in the PCA, which would be necessary for full adoption of the Acquis and EU best practice Customs / 5

6 Annex 1: LOGFRAME PLANNING MATRIX FOR THE PROJECT Version Date: 20/10/1999 Project Number Planning Period: 01/10/2000 Customs 31/12/2001 Wider Objectives Indicators of achievement Sources of Information Assumptions and Risks Adaptation of the Customs Administration to the EU requirements as they are set up for the MS. 2. Removing bureaucratic barriers in international trade. 3. Efficient and effective collection of customs and tax duties. 4. Realisation of the State's customs policy and supervision over trade in goods which are a subject to prohibitions and restrictions. Introduction of Acquis Communautaire Adjustment of customs law to EU regulations. Application by the Customs Administration of regulations. Organisational arrangements of the Customs Administration for functioning on the future external border of the EU and training Assurance of technical and organisational compatibility with the EU. Communication and technological adjustment. Preparation of the Customs Administration to performance the tasks resulting from the CAP. Ensuring the conditions which encourage highly skilled persons to work within the Customs Administration and improvement of the personnel management system. Elaboration and implementation of programme for developing and supporting honest and professional behaviour of the personnel. Increase in work efficiency and effectiveness of the Customs Administration. Co-operation between the Customs Administration and the economic and trade sectors. Proper calculation of collectibles and introducing the tools for elimination of the payment delays. Fighting against customs offences. Foundation of the customs laboratory network. Effective protection of the state s territory against import and export of goods which are subject to prohibitions and restrictions because of protection of life of people and animals, natural environment, society, the state s security and cultural heritage. Enforcement of the trade policy measures. In relation to the introduction of the customs Acquis Communautaire : Blue Print Gap Analysis PCA strategy and action plan PCA periodic progress reports EU periodic progress reports Twinning progress reports In relation to the new Customs law: Blue print Gap Analysis PCA plan and progress report Polish Government progress report EU progress report Twinning progress report Blue Print Gap Analysis, Trade publications reports, National media reports, Government reports, PCA progress reports, EU progress reports, Twinning progress reports PCA strategy and action plan prepared and agreed, based on Gap Analysis All Legislation aligned All Legislation implemented Parliamentary delay in passing secondary legislation Delay in implementation of PCA strategy and action plan Consultation and communication strategy prepared and agreed based on Gap Analysis Co-operation of trade interests PCA strategy and action plan prepared and agreed, based on the Gap Analysis Delay in implementation of PCA strategy and action plan Computerisation strategy prepared and agreed, based on Gap Analysis Suitable core system available Delay in implementation of the core system Enforcement strategy prepared and agreed based on Gap Analysis Enforcement strategy prepared and agreed based on Gap Analysis Co-operation of all agencies Immediate Objectives Indicators of achievement Sources of Information Assumptions and Risks Customs / 6

7 Meet EU standards and accession requirements in relation to the Customs control system, specifically as regards sufficient protection of the Polish eastern and northern border: Establishing a sound legal basis for the functioning of the customs control system in accordance with Community legislation, through practical implementation and standard application of the Customs Code Transforming Polish customs control system for trade of restricted goods towards EU standards. Supporting Polish borders in relation to enforcement of IPR and protection against illegal inflow of pirate and faked goods. Improving the effectiveness of the fight against customs and border crime through the introduction of modern operational techniques and the further development of the PCA technical infrastructure. Computerising transit operations carried out under Common Transit Procedure. Fully implemented and executed new Customs Code and Implementing Regulations. Increased effective collection of customs dues and taxes. Reduced cost of administration of the customs service Rapid access by clients to customs information through information media tools. Increased speed and intensity of the flow of information within the scope of the customs administration. Rapid and multi-faceted exchanges of information with EU customs systems. Official legal publications in the EU and in Poland Reports and statistics from business Departments of GUC and from Regional Customs Offices. Studies and reports by foreign experts. Reports and analyses by the EU Commission DG I and DG XXI. Appeal statistics from GUC to the Supreme Appeal Court and periodic customs administration accounting reports It is assumed that all the legislation connected with the new customs code is finalised and harmonised with analogous legislation of the EU. Successful implementation of new customs legislation may cause the introduction of more necessary organisational and operational changes than assumed. Suitably qualified personnel capable of project management and the implementation of complex tasks. Results of Project Indicators of Achievement Sources of Information Assumptions and Risks Customs / 7

8 1. efficient and effective administration of the Common/ Community Transit Procedure 2. The creation of an IT database in the area of intellectual and industrial property rights allowing the introduction of the methodology of risk analysis. Properly equipped and trained staff in view of enforcement of IIPR. Improved efficience of the custome services in IIPR protection. 3. Improved border protection, specifically focused on the eastern border as the future EU external border. Alignment of organisational and procedural arrangements on export/import control with relevant EU standards. Increased effectiveness in recognition and preventive activities against illegal flow of restricted goods. Increased capability and effectiveness of the PCA s control operations, especially in relation to flow of the restricted (dual use, weapons) goods. Reduced time for customs clearance and the time awaiting customs clearance. Inputs Twinning, equipment, co-operation with EU, Polish govenment agenciess and business Project Number: Standard Project Fiche Summary Annex 2 Version 2.1 Date of Drafting 26/02/2000 Annex 2: Cumulative implementation, contracting and disbursement schedule Planned Period 10/ /2001 Project Title Customs Budget Allocation PLANNED Cost Estimate III IV V VI VII Q Q Q Q Q M Implementation D DCI I I I Customs / 8

9 Contracting 6 6 Disbursement 1,5 3 4,5 6 6 D = design / C = tendering and contracting / I = implementation Customs / 9