“Single Window is defined as a facility that allows parties involved in trade and transport to lodge standardized information and documents with a single entry point to fulfil all import, export, and transit-related regulatory requirements”
UN/CEFACT RECOMMENDATION No. 33
MINUTES # 12 C
Of Meeting of the Interagency Working and Expert Groups for Introduction of the “Single Window – Local Solution” Technology in Operations Area of Pivdenna Customs House and Ports of Odessa Region
|
Kyiv |
04 March 2014 |
Place: 11-g, Degtiarivska St.
The Meeting was called to order at 11: 00
The Meeting was adjourned at 13: 00
Those present: see Annex # 1
Composition of Members of the Interagency Working and Experts Groups: see Annex # 2
AGENDA
Time: 15 minutes
Reporter: O. I. Platonov, Deputy Head of IWG
Time: 15 minutes
Reporter: O. O. Fedorov, Head of the Working Group for Customs Issues Relating to UN EEC Transport (WP.30)
Time: 15 minutes
Reporter: O. I. Platonov, Deputy Head of IWG
Time: 10 minutes
Reporter: O. I. Platonov, Deputy Head of IWG
The Meeting was called to order by V. I. Schelkunov, Deputy Head of the Interagency Working Group, President of the Ukrainian National Committee, the International Chamber of Commerce (ICC UNC), who announced the agenda which was unanimously adopted.
V. I. Schelkunov informed the sitters of the Meeting that the “Single Window – Local Solution” project is supported by both Government of Ukraine and international organization working over the facilitation of the international trade and transport procedures.
Stressed was the necessity of transparency and dialogue between the interested parties in the course of the project implementation, in particular during the introduction of the Port Community Information System (PCIS) in the Odessa and other ports of Ukraine.
The Reporter called to position of dialogue between the state and business on the principles of mutual respect and constructiveness.
Concerning the first item of the agenda:
On the course of implementing the project of introducing the “Single Window – Local Solution” technology in the Operations Area of Pivdenna Customs House and ports of Odessa Region.
O. I. Platonov acquainted the Meeting with the process of implementation of the “Single Window – Local Solution” technology introduction in the operations area of the Pivdenna Customs House and Odessa Region ports.
And proposed to familiarize with the materials prepared for the Meeting:
- Information on Implementation of the “Single Window – Local Solution” Project (Annex # 3);
- Presentation on Clearance of Containers Removed from the Port by Railway (Annex # 4);
- Presentation of Electronic Queue Management Module Functioning (Annex # 5);
- Register of Implementing Resolutions of UN EEC International Seminars on Trade Procedures Facilitation (Annex # 6);
- Register of Implementing Decisions of the Interagency Working and Expert Groups (IWG) Meetings relating to the “Single Window – Local Solution” technology introduction in the operations area of the Pivdenna Customs House and Odessa Region ports (Annex # 7); and
- Register of Attendance of all IWG Meetings by IWG Members (Annex # 8).
O. I. Platonov informed that a revision of the groups’ composition for the purpose of increasing their work efficiency was planned.
The Reporter called attention of those present to the situation formed around the Ministry of Revenue and Duties of Ukraine; in case of its reorganization by organizing the State Tax Service and State Customs Service of Ukraine its stable work and further development of the Contact Centre and Accredited Centre of Keys Certification, Information and Inquiry Department of the Ministry of Revenue and Duties (IID ACKC), would be threatened. (Annex # 9. Information on IDD of the Ministry of Revenue and Duties of Ukraine).
O. I. Platonov determined as expedient in case of the said Ministry liquidation to grant Basic status to the Information and Inquiry Centre with its authorities as to services provision and subordinate it as a legal entity with special status to the Ministry of Finance of Ukraine, which should ensure the Contact Centre stable work in the sphere of consulting services concerning the issues of taxation, state customs business and payment of unified contribution and provide for reliable operation of IID ACKC and electronic document circulation systems that use the EDS services for free.
The Reporter requested those present to be constructive and make proposals on improvement of processes within the framework of the project implementation.
V. I. Schelkunov gave the floor to Guest of the Meeting V. V. Berestenko, Head of Union Local Committee of Odessa Region Forwarders’ trade union organisation.
V. V. Berestenko communicated that the position of the primary trade union organization in essence coincides with that of AOFU, Regional Council of AIRC of Ukraine in Mykolaiv and Odessa Regions and absolute majority of forwarding companies operating in the Odessa, Illichivsk and Yuzhnyi Ports.
V. V. Berestenko stressed that the expediency of using the electronic document circulation is in general not questioned by the forwarders’ community and is even supported, but many questions arise in the process of its realization and noted the problem issues arising in the course of PCIS introduction in the Port of Odessa.
V. V. Berestenko stated that the users of PCIS are mostly forwarders, but not all forwarding organisations agreed to be integrated in the system, in particular, the container lines, which are the key ones for the forwarders, in accordance with the Reporter’s information, did not agree to work with the system at all. In the Reporter’s opinion, the campaign of signing the agreements of PCIS usage was not carried out transparently and the Port management imposed such agreements.
Besides, V. V. Berestenko expressed disagreement with the established cost of the Data Processing Centre PCIS service in an amount of 48 UAH per container and calculation of its cost price. He also expressed concern of the Meeting Members (heads of over 150 forwarding organisations including representative of shipping lines and terminals that the good slogans calling to introduce electronic document circulation may cover corruption schemes, which was stated in the letter of the Primary Trade Union Organisation of Odessa Region forwarders (see Annex # 10)..
V. I. Voronoi called the attention of those present to the fact that the aim of PCIS organization was not only optimization of the process in the port, but also providing for cargoes safety. And now all cargoes that are removed from the Port territory by both road and railway transport may not leave the said territory without the note about the use of EDS and the latter makes uncontrolled removal of cargoes impossible.
The Reporter stated that SE “Administration of Sea Ports of Ukraine” (SE “ASPU” have in good time seen to it that the forwarders had a choice either to use PCIS right from the working place and obtain the online information about the electronic document submitted for consideration and decisions on the forms of control to be applied made by the customs or to file paper documents with the representatives of Administration of a corresponding port (that enter information in PCIS for free) and wait for the control bodies decision directly in the port. As to the payment for PCIS usage services the Reporter noted that PCIS investor is a commercial organization, so providing PCIS usage services from the working place of the forwarding organization for free is not only incomprehensible, but is even disallowed by the standing legislation of Ukraine. As to the state, it cannot invest such projects at the moment. V. I. Voronoi also state that maritime agents have already expressed their readiness to make the agreement of information cooperation with SE “ASPU” and connect to PCIS.
P. V. Pashko stressed that the Customs Service in their day was the first of the state bodies who supported the electronic document circulation and electronic accounting and introduced electronic issuance of documents; they attempted to introduce the principles of “Single Window”, but was unable to do it from both organizational and financial point of view. The Odessa Port managed to build up such system at the expense of the Port and private enterprise, and now this system is a model for establishing similar systems in other checkpoints.
V. I. Schelkunov proposed to entrust IWG with a task to consider together with a group of experts remarks of the sitters of the Meeting and prepare materials for discussion at the next IWG Meeting.
O. V. Zakharov, Member of Council, Southern Branch of AIRCU, Member of Council, the Union of Independent Carrier of South of Ukraine, requested to regard the report of V. V. Berestenko as the position of Coordination Council of 168 forwarders that operate in Odessa today. And stated concerning the alternatives in the forwarders’ work that there are the following possibilities: to connect to PCIS or to bring documents to a port clerk in order to enter them in PCIS, and such clerk is not a state official and does not carry the same responsibility as the customs officer does.
V. I. Voronoi informed that the problems arose when, in order to meet the requirements of business entities, the Management of the Customs Service and Odessa Port made the joint decision to free all entities from personal contact with the Customs Service officers during endorsement of orders. It was for this purpose that the procedure of the forwarders’ documents filing with the Port accounting group for entering them in PCIS and further providing the customs officer with the information required in order to make the resolution on control including statement of reasons was worked out. And then the companies who “held all aces” on the customs faced problems as they were precluded from personal communication. V. I. Voronoi recommended reading all the schemes according to which the Port works with the use of PCIS.
O. I. Platonov informed the floor that on the base of AOFU and with active participation of O. V. Zakharov, Deputy Director General of AOFU, Headquarters “NO to Corruption on Transport”, which intend to control the actions of the customs and other control bodies and administration in the Port by organizing groups of fast response consisting of five persons whose responsibility will be to make up protocols and acts on infringements, etc. Upon the balance of the Meeting resolution of eight items was adopted whose some requirements were termination of payment for order issuance, weighing, etc.
The Reporter doubted the legitimacy of the Meeting as he as the Honorary Member of AOFU received no notice of the above initiative and the answer to his inquiry about the even put to AOFU was that AOFU had made no decision on the organization of a meeting. He requested not to claim the position of three persons as the position of 150 forwarding organisations since such statements need documentary support.
The Reporter requested AOFU to provide the list of organisations that took part in the Meeting and Minutes of the latter for the purpose of analysis and consideration of opinions by a group of experts for PCIS introduction.
Yu. N. Prykhodko, Director General of AOFU, said that one should always be guided by facts and noted that in the first place, AOFU had not organized the forwarders’ meeting, which took place in Odessa, in the second place, O. V. Zakharov is not a staff member of AOFU, and in the third place, he supported V. I. Schelkunov’s position as to consideration by a group of experts of the problem questions raised in the forwarders’ applications and their discussion at a regular IWG Meeting.
V. I. Voronoi addressed the representative of the State Scientific Research Institute of Special Communication and Information Protection, State Service for Special Communication and Information Protection of Ukraine with the question concerning the explanation of PCIS textual usage by Port Community Members, stevedore companies (port operators), etc., if they had not yet made Agreement of Information Cooperation.
M. Yu. Komarov answered that textual operation and adjustment of information exchange procedure is quite possible in such case, if the other party signs the obligation concerning abidance to all instructions relating to provision for information protection in the system (Complex System of Information Protection /CSIP/). Besides, the party having contractual relations with CSIP owner shall be responsible for the access to work in the system of other persons in accordance with the concluded agreement.
O. I. Platonov informed that the principal investor of the project is JSC PLASKE, which was selected from among the others and made an agreement of development and introduction of PCIS, and that the system will be developing on the self-repayment principle, but today the opinions against payment for PCIS services and for obtaining them for free at the state budget expense are heard.
As to the cost of PCIS services the Reporter remarked that the system operates and will operate on the basis of self-repayment only when all types of cargoes carried by all kinds of transport are involved.
O. I. Platonov stressed that in facilitation of trade procedures it is the necessary to provide for performance of the state protection functions for the purpose of precluding trade in people, illegal movement of narcotics and weapons and citizens’ health and life hazard.
The Reporter expressed concern about wish of some forwarding organisations to cancel such forms of control as weighing and X-raying. And stressed that when facilitating the procedures it is necessary to prevent abuses.
He informed about the main theses expressed by Prime-Minister of Ukraine at the meeting with the representatives of the business community, where he requested to continue investing, paying salaries, paying taxes and creating new jobs; in exchange for that he only promised protection of private property, but no privileges or benefits.
The Reporter noted that the Interagency Working Group is occupied not only by electronic order in the port, but also aims at facilitation of international trade and transport procedures in Ukraine. And in order to pool the results of the latest stage of work of the Interagency Working and Expert Groups for introduction of the “Single Window – Local Solution” technology it is planned to hold on 27 May in Odessa the Fourth International Seminar on the trade procedures facilitation issues organized by UN EEC and Government, where all those who wish will be given an opportunity to express their proposals concerning the improvement of the legislation, technical and organizational processes within the frame work of the events on the international trade and transport procedures facilitation.
He stressed that the principle of the Interagency Working Group activity is publicity and transparency.
O. I. Platonov proposed to support the draft resolutions on the first item of the agenda and hold a regular meeting of IWG to discuss the current issues on 15 April of this year.
RESOLVED:
1.1. Note the information of O. I. Platonov, Deputy Head of the Interagency Working Group, concerning the course of the project realization and implementation of the decisions of the previous Meetings.
1.2. SE “Administration of Sea Ports of Ukraine” and the State Administration of Railway Transport of Ukraine shall hold a joint council and consider the following issues:
Interaction between the port and railway managers when shipping containers from the port by railway transport;
Optimization of ports and port stations operation technological process by means of PCIS;
Interaction between the information systems of the railway (АСК ВП УЗ-Є) and port community (PCIS); and
Conclusion of an agreement of information cooperation.
The outcomes of the council to be communicated to the Secretariat of the Interagency Working Group.
Implementation term: 30.04.2014
Responsible persons: SE “ASPU” and UKRZALIZNYTSIA
1.4. The Members of the Interagency Working Group shall look into the issue of transition from the format of transferring documents in the electronic form (i.e. scanned in PDF) to transferring the electronic records in XML certified with the electronic digital signature. The readiness to such transition shall be communicated to the Secretariat of the Interagency Working Group.
Implementation term: 12.04.2014.
Responsible persons: Members of the Interagency Working Group
1.5. The central executive body in the sphere of customs business and railway transport of Ukraine shall make Agreement of Information Cooperation with SE "ASPU".
Implementation term: 12.04.2014.
Responsible persons: Ministry of Revenue and Duties, UKRZALIZNYTSIA and SE “ASPU”.
1.6. The Secretariat of the Interagency Working Group shall generalize the proposals and transfer for approval to the central executive body in the sphere of customs business the draft list (classifier) of normative legal acts and documents, which are the basis of the priority and out-of-turn consideration of electronic orders accepted for issuance with the use of PCIS.
Implementation term: 01.04.2014.
Responsible persons: Secretariat of the Interagency Working Group; Members of the Interagency Working Group.
1.7. The central executive body in the sphere of customs business shall finalise the preparation of the Procedure of Customs Formalities during Customs Control and Customs Clearance of Transport Facilities of Carriers and Goods, which are Transported by them in March 2014.
Implementation term: 12.04.2014.
Responsible persons: Ministry of Revenue and Duties.
1.8. The Members of the Interagency Working Group shall work at actualization and adjustment of the standards established by the departmental normative and legal acts (Ministry of Health, Ministry of Ecology and Natural Resources and Ministry of Agrarian Policy) in accordance with the standards determined by Customs Code of Ukraine and other legal acts on customs business issues for the purpose of:
Concretization of acts of officials and determination of an exhaustive list of the documents that shall be filed with the state control bodies at the state border checkpoints in the case of carrying out control by the representatives of such bodies (excluding the cases of the preliminary documentary control carried out by the customs house officers);
Normative legal regulation of the permit documents issuance in the electronic form including the documents in the form of electronic records certified by EDS the legislation on the electronic document circulation being complied with.
Implementation term: 01.05.2014.
Responsible persons: Members of the Interagency Working Group.
1.9. The Members of the Interagency Working Group, in accordance with their terms of reference, shall prepare the projects of amendments to the following normative legal acts for the purpose of their actualization:
Provision on Ecological Monitoring at the State Border Checkpoints and Operations Area of Regional Customs Houses and Customs Houses approved by Order of the Ministry of Environmental Protection and Nuclear Safety of Ukraine dated 08.09.1999 # 204, registered with the Ministry of Justice of Ukraine on 15.11.1999 as # 787/4080;
Phytosanitary Rules for Importation from Abroad, Domestic Movement, Transit, Export, Procedure of Processing and Sales of Materials Subject to Quarantine approved by the Ministry of Agrarian Policy of Ukraine on 23.08.2005 as # 414 and registered with the Ministry of Justice of Ukraine on 29.09.2005 as # 1121/11401;
Standard Provision on the Regional Service of the State Veterinary and Sanitary Control and Supervision on the State Border and Transport approved by Resolution of the Cabinet of Ministers of Ukraine dated 23.07.2009 # 801; and
Rules of Sanitary Protection of the Territory of Ukraine approved by Resolution of the Cabinet of Ministers of Ukraine dated 22.08.2011 # 893; and
Instruction for Organisation of Customs Control and Customs Clearance of Vessels and Goods Carried by them approved by Order of the State Customs Service of Ukraine on 08.10.2004 as # 678.
Implementation term: 05.04.2014.
Responsible persons: Members of the Interagency Working Group.
1.10. The Secretariat of IWG shall prepare letters to Prime-Minister of Ukraine, Minister of Finance of Ukraine, Minister of Economic Development and Trade of Ukraine and Minister of Revenue and Duties of Ukraine concerning expediency of granting the status of the basic one on the Information and Inquiry Department including the services provision powers and its subordination to the Ministry of Finance of Ukraine in case of liquidation of the Ministry of Revenue and Duties as a legal entity with special status.
Implementation term: 01.04.2014.
Responsible persons: Secretariat of IWG
Concerning the second item of the Agenda:
2. On the Concept of Working out the National Strategy for facilitation of International Trade in Ukraine
O. O. Fedorov recounted the participation in the Meeting of the Working Group 30 (WP.30) for the customs issues connected with UN EEC transport, in the meeting on the “Single Window” within the framework of Customs Union of Belarus, Russia and Kazakhstan that took place on 19 February this year and in the session of the Committee for Interior Transport of UN EEC. Nearly at all meetings often referred to was the Baltic round of WTO where WTO Trade Facilitation Agreement was adopted, and to the fact that introduction of the events provided by the said Agreement will become compulsory for the subscribing countries.
The Reporter informed that also at all meetings PCIS and ways of such experience improvement and expansion were positively presented. Last year, pending the working visit to Odessa Volodymyr Goshin, Minister for International and Customs Cooperation of the European Union, visited the Odessa Port and familiarized himself with PCIS functioning within the framework of the “Single Window” implementation. In the course of the visit Minister gave a high assessment of achievements in the project implementation.
Thereafter the Reporter spoke about presentation of M. Apostolov, Regional Adviser of UN EEC, who was absent from the IWG Meeting due to objective reasons (see Annex # 11) and the Draft National Strategy of the International Trade and Transport Procedures Facilitation prepared by the Expert Group (see Annex # 12). He stressed the importance of the document for the business conditions improvement in Ukraine and proposed that all Members of the Interagency Working and Expert Groups should consider the said draft document before 14 April of the current year and file their proposals or remarks or the information on the absence of such for the purpose of further transmission for consideration to the ministries, the Ministry of Economic Development and Trade and Ministry of Infrastructure of Ukraine in first place.
RESOLVED:
2.1. Take notice of the information.
2.2. Take the draft plan and structures of the National Strategy for Facilitation of International Trade as a basis.
2.3. The Members of the Interagency Working Group shall provide their proposals concerning the draft plan, structure and contents of the National Strategy for Facilitation of International Trade.
Implementation term: 08.04.2014.
Responsible persons: Members of the Interagency Working Group.
2.4. The Secretariat of the Interagency Working Group shall summarise the proposals concerning the National Strategy for Facilitation of International Trade and present the outcomes for approval at the regular Meeting of the Interagency Working Group.
Implementation term: 18.05.2014.
Responsible persons: Secretariat of the Interagency Working Group.
Concerning the third item of the Agenda:
3. On the program of Fourth International Seminar Concerning the Issues of Facilitation of International Trade Procedures and “Single Window”: “Creation of Favourable Conditions Trade Procedures Facilitation by Realising the Principles of ‘Single Window’ in Ukraine” organized by UN EEC and Government of Ukraine on 27 May 2014 in Odessa (Ukraine).
O. I. Platonov offered the information about the Fourth International Seminar for International Trade Procedures Facilitation and “Single Window” organized by UN EEC and Government of Ukraine on 27 May 2014 in Odessa. He reported that a visit to the Odessa Port for the acquaintance with PCIS is planned for 26 and that experts of international organisations will be among the visitors.
The Reporter said that on 28 and 29 May on the invitation of UKRZALIZNYTSIA a session of the Council of the Organisation for Cooperation of Railways (OCR) whose members are 27 countries and the customs and other services involved in the movement of cargoes through the borders will take part in it.
He proposed to take the program of the Seminar provided to sitters of this Meeting consideration as a basis (see Annex # 13).
RESOLVED:
3.1. Take notice of the above information.
3.2. Support the proposal of the Secretariat of the Interagency Working Group and hold the Fourth International Seminar on the Issues of Trade Procedures Facilitation and “Single Window”: “Creation of Favourable Conditions for Trade Procedures Facilitation by Realising the Principles of ‘Single Window’ in Ukraine” organized by UN EEC and Government of Ukraine on 27.05.2014 within the framework of Transport Week in Odessa.
3.3. Entrust the Secretariat with the arrangement of the required organizational events and send the invitations, program and working materials to the Seminar participants before 20.04.2014.
3.4. Take as a basis the program of the Fourth International Seminar of UN EEC on the Issues of Trade Procedures Facilitation and “Single Window”: “Creation of Favourable Conditions for Trade Procedures Facilitation by Realising the Principles of ‘Single Window’ in Ukraine” organized by UN EEC and Government of Ukraine.
Concerning the fourth item of the Agenda:
On the date of the next Meeting of the Interagency Working and Expert Groups for introduction of the “Single Window – Local Solution” technology.
4. Entrust the Secretariat of the Interagency Working Group with organization of the next regular Meeting of the Interagency Working Group on 15.04.2014 in Kyiv.
Chairman: V. I. Schelkunov
