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EU Governments Adopt Strategy for Evolution of the Customs Union and Action Plan for IP Rights Enforcement

The EU Customs Union must continue to evolve to safeguard Europe's international trade, financial and fiscal interests, the Council of Ministers said in conclusions approved Monday. Customs activities are changing as the volume of work increases, information technology (IT) is rolled out, and laws and policies shift, it said. Customs agencies are also playing a stronger role in contributing to safety and security.

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The customs union has made progress in fighting counterfeiting, piracy and fraud but customs administrations are facing more challenges brought on by modernization and IT, the council said. The strategic objectives set out in 2008 are still valid, but governments must ensure that developments and changes to customs services and requirements to the greatest extent feasible “positively contribute” to protecting the EU, facilitating legitimate trade, keeping European business competitive, and boosting economic benefits, it said.

The conclusions urged countries to streamline and improve the internal governance and performance of the customs union and find ways to measure its results. They called for uniform application of customs rules and harmonized approaches to customs controls that allow flexible national solutions. Council ministers also urged better cooperation with other agencies at the national and EU level, and a more comprehensive approach to the international supply chain. The document called for tougher actions against smuggling, and better dialog with industry to better respond to its expectations and constraints.

Officials also urged the EU to make the best possible use of available resources at EU level and to find new ways to boost the performance and agility of the customs union. The council asked the European Commission to take measures to implement the strategy and report back by 2014.

Ministers also endorsed an EU customs action plan to fight intellectual property rights (IPR) violations for 2013-2017, and asked the EC to prepare a roadmap by spring. The plan for 2009-2012 focused on improving existing laws on customs enforcement of IPR, strengthening cooperation among customs agencies and with industry, and developing better international coordination. Customs bodies have “given a firm response” to key IPR challenges during those years, detaining around 115 million articles and accepting more than 20,000 applications from rights holders for action in 2011, the council said. But Europe's straitened financial situation means the action plan for the next few years will have to clearly define what needs to be done and be linked to indicators that measure results, it said.

The revised plan calls for: (1) Effective implementation and monitoring of new EU rules on customs IPR enforcement. (2) Tackling trade of infringing goods throughout the global supply chain. (3) Dealing with major trends in the trade of IPR-infringing products. (4) Beefing up cooperation with law enforcement authorities and others.

Conclusions on the progress on the strategy for the evolution of the Customs Union (http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/intm/134129.pdf)

Resolution on the EU customer action plan to combat intellectual property rights infringement (2013 to 2017): (http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/intm/134125.pdf)