MINUTES # 11 C
Meeting of the Interagency Working and Expert Groups for Implementation of the “Single Window – Local Solution” Technology in the Operations Area of the Pivdenna Customs House and Odessa Region Ports
10 December 2013
Place: 11-г, Degtiarivska St.
The Meeting was called to order at: 15: 00
The Meeting was adjourned at: 16: 00
Composition of Sitters: see Annex # 1
Composition of Members of the Interagency Working and Expert Groups: see Annex # 2
Reporter: V. I. Voronoi, Chief of Service for Strategic Development of SE “ASPU”
Time: 10 min
Reporter: Mario Apostolov,
Regional Adviser of UNECE, Department of Trade
Co-Reporter: O. I. Platonov, Deputy Head of the Interagency Working Group, President of UKRZOVNISHTRANS Association
The Meeting was called to order by V. I. Schelkunov, Deputy Head of the Interagency Working Group, President of the Ukrainian National Committee, International Chamber of Commerce (ICC UNC). He announced the agenda that was unanimously adopted.
V. I. Schelkunov informed the sitters of the Meeting about the task of the Prime-Minister of Ukraine concerning the convocation of the summing-up conference and the proposal of ICC Ukraine as to the organization of a national authority for international trade procedures facilitation in accordance with the recommendations of UNECE.
Stressed was the requirement to organize the national strategy for facilitating the procedures of international trade and transport of Ukraine.
Concerning the first item of the agenda:
1. Information about the results attained in the course of implementation of the “Single Window – Local Solution” Technology in the operations area of the Pivdenna Customs House and Odessa Region ports.
Reporter: V. I. Voronoi
V. I. Voronoi informed the sitters of the Meeting about the work carried out in pursuance of the resolutions of the previous Meeting of the Interagency Working and Expert Groups (see Annex # 3 – Modules Implementation Accounting Card), namely:
SE “The Administration of Sea Ports of Ukraine” (hereinafter: SE “ASPU”) had prepared and put on its site Agreement of Information Cooperation and started the contractual campaign. It had made the agreements with 49 users of the Port Community Information System (hereinafter: “PCIS”):
а) “The Users”: (is at the stage of making Agreement with two subjects: the Pivdenna Customs House and Border Service);
б) “Principals” – 49;
в) “Applicants” – 0.
The Odessa Commercial Sea Port had started the test operation of issuing orders for carrying the containers out of the checkpoint territory by railway. The electronic orders are issued simultaneously with the paper ones. As at 09.12.2013 issued were 1,560 electronic orders, which totally made 6,250 containers.
SE “ASPU” had subscribed the Technological Scheme and after adoption of the latter the test operation of clearance of the containers carried out of the territory of the ISP Checkpoint by road transport was launched in the territory of SE “ASPU” Illichivsk Branch. The electronic are issued simultaneously with the paper ones. As at 09.12.2013 issued were 702 orders, which totally made 1,445 containers.
The Odessa Port had cleared 100,027 containers with the use of PCIS.
YUZHNYI Sea Port had performed all the technical and organizational events required for launching “free pratique”, a separate module of PCIS. The said module will be used within the framework of PCIS in the Port of YUZHNYI with the use of EDS obtained by all control bodies and maritime agents; the latter, on the base of the Data Processing Centre (DPC), had been given consultations concerning technical implementation and application of the “free pratique” module. For the purpose of test operation commencement the Port of YUZHNYI expects the registration of the Checkpoint Technological Scheme (which was prepared by the Border Unit and approved by all control bodies). At the moment the said Technological Scheme was filed with the Central Authority of Justice in Odessa Region.
Such active dynamics of the PCIS introduction has become possible due to all-round support of the top management of the Pivdenna Customs House, the Ministry of Revenue and Duties of Ukraine. In the first place, it has been reflected in the prompt consideration of applications of the SE “ASPU” to the Pivdenna Customs House, the Ministry of Revenue and Duties of Ukraine, active participation in the development and promotion of subscription of the technological schemes and, which is important, in carrying out of explanation work and adopting the active position in the PCIS introduction at the sea ports of Ukraine.
The Reporter stated that in pursuance of the decision of the previous Meeting the meeting of the Expert Group concerning the legislation optimization with participation of the representatives of the Ministry of Infrastructure of Ukraine, Customs Business Department of the Ministry of Revenue and Duties of Ukraine, and SE “ASPU” had taken place in Odessa on 28 November 2013.
The experts had considered the Draft Order of the Ministry of Revenue and Duties of Ukraine “On Approval of Procedure of Carrying out Customs Formalities during the Customs Control and Customs Clearance of Waterborne Vehicles of Carriers and Goods Transported by them”.
Besides, given the different ports’ and terminal’s document circulation specificity, a motion on changing the status of the document forms approved by the Order of the Ministry of Transport and Communication of Ukraine dated 13.05.2004 # 1098 with the standard ones had been advanced.
In addition, in view of the questions received by SE “ASPU” concerning the organization of and provision for observing the electronic list of electronic orders consideration and "endorsement” by the workers of the Pivdenna Customs House, the Ministry of Revenue and Duties of Ukraine, the Reporter moved that for the purpose of adhering to the standards of the current legislation the Meeting formed an exhaustive list of officials of the Pivdenna Customs House, the Ministry of Revenue and Duties of Ukraine, who had to be given an opportunity to provide for issuance out of turn and in the first place of the orders whose issuance are regulated by the standards of the current legislation of Ukraine.
O. I. Platonov informed the sitters of the Meeting that at present the Draft Agreement of Information Cooperation has been worked out by State Enterprise “ ASPU” and is kept at the stage of subscription by the Pivdenna Customs House, the Ministry of Revenue and Duties of Ukraine. Subscription of such agreements is expected with other control bodies that are going to join the process of “free pratique” application to the foreign going vessels and issuance of cargoes.
The Reporter stated that as one of the stages of introduction of free pratique introduction with consideration of the requirements specification the Centre of Data Processing (CDP) had developed a module of permit for carrying out the cargo handling operations (both with and without the participation of the commission). The bodies of revenue and duties, Border Service, Sanitary, Veterinary and Quarantine Inspections and the Branch of SE "ASPU” are included in the control bodies that are going to become the users of the said module.
The Reporter stressed that for the purpose of the legal basis estimation and technical implementation of the module required are the consultations of the Branch of SE "ASPU” and all control bodies representatives that take part in the processing of a ship’s arrival in the port concerning the module readiness for industrial operation.
O. I. Platonov supported V. I. Voronoi’s position as to the implementation of the orders endorsement procedure and stressed the necessity of the document formalization in the form of an electronic record which would regulate the selective rules of clearing the cargoes out of turn in accordance with the standing legislation of Ukraine.
1. Support the proposal of SE “ASPU” concerning the necessity of measures taken to provide for the orders processing and endorsement list to be observed.
Recommend the Pivdenna Customs House, the Ministry of Revenue and Duties of Ukraine, to form an exhaustive list of officers entitled to make, if required, alterations in the waiting list of considering the orders accepted by PCIS exceptionally in the cases provided for by the standing legislation.
Each such decision shall be reflected in PCIS as a separate record with reference to the concrete standard act.
CDP shall technically implement the inclusion of such information in the corresponding field of the PCIS software in the "Electronic Order” module before 31.12.2013.
Concerning the second item of the agenda:
2. On the strategy of facilitating the procedures of the international trade and transport of Ukraine.
Reporter: M. Apostolov
The Reporter informed the Sitters of the Meeting that an important even had taken place not long ago: on 7 December 2013 the WTO Ministers of Trade had adopted the WTO Agreement on trade facilitation and carrying out the events provided for the Agreement would become compulsory for all the countries which would join the Agreement, and “Single Window” is one of such events.
M. Apostolov told about the experience of introducing the sectoral single window as a possible second stage of implementing the “Single Window” in Ukraine (Finland’s example) and noted the importance of the third stage – creation of the national strategy of the trade and transport procedures facilitation in Ukraine (see Annex # 4 – Presentation).
The Reporter proposed to change the status of the Interagency Working Group for implementation of the “Single Window - Local Solution” technology into the status of the National Working Group for Trade Facilitation (the National Committee for Trade Facilitation) in accordance with Recommendation # 4, UNECE, and WTO Agreement of Trade Facilitation.
M. Apostolov noted that the functions of such National Group could be the formation of the platform for the state-private dialogue concerning trade facilitation aimed at determination of the existing problems, which impede the trade efficiency; introduction of the international norms, standards and recommendations as to trade and transport procedures facilitation; application of measures and tools of trade procedures facilitation (including the same as to the creation of the “Single Window” mechanism); establishment of a centre for dissemination of information standards and the best practices in the trade procedures facilitation, promotion of WTO negotiation on trade procedures facilitation, cooperation with other international organisations, participation in international projects, preparation of and work on implementation of the trade procedures facilitation national strategy and other possible activities.
The Reporter noted that in connection with the WTO Agreement of trade facilitation adoption it was necessary to complete the preparation and adopt the national strategy for the trade and transport procedures facilitation in Ukraine for the purpose of increasing the efficiency of the procedures of export, import and transit through Ukraine, and also for the purpose of improving the trade processes with European Union, Customs Union countries and other partners of Ukraine, and achieving more integration in the international supply chains. The strategy logic must be based on the analysis of the present situation by concrete indicators (time and cost of import and export operations and application of concrete measures to facilitate the trade procedures) and provide for realistic possibilities of improving the said indicators in one, two years, etc.
M. Apostolov suggested considering the possibilities of cooperation with European Union and UNECE on the further stages of the “Single Window” mechanism, in particular, the development of the Port Community System local mechanism in the ports of Odessa Region into the national transport “single window”.
O. I. Platonov, Coreporter
O. I. Platonov noted that in view of the Commission of the Prime-Minister of Ukraine # 44582/1/1-13 dated 26.11.2013 given to the Ministers the task of the Interagency Working and Expert Groups is working out the project national strategy concerning facilitation of the international trade and transport of Ukraine before the next seminar of UNECE on the issues of trade facilitation, which will take place on 27 May 2014 in Odessa; it is planned that the seminar will consider the next stage of the trade procedures facilitation implementation, i.e. transferring from the technical facilities in one port to the national solution and determining the process participants.
The Coreporter informed that for the state the procedures of the electronic trade possess such advantages as an increase in trade control and income, well-adjusted process of customs clearance, support of WTO’s obligations and expansion of international trade volumes; the advantages for the commercial players are direct access to the required commercial documents and forms, simplified requirements to data and acceleration of the processes.
As to the establishment of a national body for trade facilitation the Coreporter stressed that that is a complicated process and that the Ukrainian National Committee of the International Chamber of Commerce offered its abilities for realisation of the functions of the temporary Secretariat before the establishment of the national body.
O. I. Platonov suggested to continue working on the basis of the Interagency Working Group, but to change its functions as besides the design projects, such as “Single Window – Local Solution” the Group will also have to work with the annexes to other conventions that regulate crossing of the borders. Given the President’s and Government’s Commission on creation of normal transit conditions and development of transport and logistic system in Ukraine for the purpose of integrating in the European system and that of the Customs Union, this is one of the priorities to be implemented today.
The Coreporter informed about the working visit of the Minister of the Customs Union Euro-Asian Economic Commission and the delegates’ familiarisation with the experimental implementation of the “Single Window” technology in the Port of Odessa.
O. I. Platonov pointed out that it is necessary to pass to the complex issues – state-private partnership, attraction and determination of investments priority and suggested that the ministries’ representative should speak about the said questions.
L. M. Muromtsev noted that the issues of the interaction between state bodies and private business may only be considered within the framework of the port. Without the port framework (e.g. determining the corresponding customs treatment at the customs beyond the port boundaries) the standard acts regulating the state bodies financing take effect.
The speaker accentuated that to date the main problem hampering “Single Window” introduction on the national level is lack of the given account financing in spite of the fact that in accordance with the final provisions of the Customs Code the state bodies shall provide for such monies in their budgets.
Concerning the third item of the agenda:
O. I. Platonov informed those present about the reporting form for the Interagency Working Group Members developed by the Secretariat in accordance with the decision of the previous Meeting and suggested to adopt it or submit the remarks (see Annex # 5).
The speaker attracted attention to replacement of some officials in the Ministries and other CBEP. Thus, is it required to make changes in the membership of the Interagency and Expert Groups for the implementation of the “Single-Window – Local Solution” technology.
The speaker proposed that O. Yu. Matveiev, Chief of Authority, the Centre for Keys Certification, the Ministry of Revenue and Duties of Ukraine, should inform the Sitters of the Meeting about the innovations relating to the electronic keys users.
O. Yu. Matveiev communicated the changes in the sphere of cryptography aimed at increasing the level of confidential information protection. The users will be issued two certificates instead of one: the certificate confirming obtaining the key for electronic signature and the one certifying obtaining the key for enciphering. The said changes will not bring complications for the digital signature users as the electronic keys issued before 01.01.2014 will be in force for two year further.
O. I. Platonov moved that the next Meeting of the Interagency Working and Expert Groups be held in the first half of March next year.
implementation of the “Single Window – Local Solution” technology shall submit the reports on the project implementation before the fifteenth day of each month.
representatives are the Members of the Interagency Working and Expert Groups for the implementation of the “Single-Window – Local Solution” technology shall check and, if required, actualise the lists of their representatives before 15 February 2014.
Chairman V. I. Schelkunov
Chairman V. I. Schelkunov