Policy - Cross-border Research Association

EU logistics security – an interesting decade

May 21, 2016/0 Comments/in Authorized Economic Operator, Blog, CBRA, CEN, CLECAT, CPT, EC, ESC, EU, Freight forwarder, Government, Inland waterway, IRU, Other-cluster, Policy, Rail, Risk management, Risk-cluster, Road, Standardization, Supply chain security, Terrorism/destruction, Theft, Transport carrier, WP19 /by Vladlen Tsikolenko

I had a great pleasure to work intensively on the European surface transport security standardization efforts, some years ago – this CBRA Blog aims to summarize the main work done, and the key objectives achieved.

Couple of years after the US 9/11, 2001 terrorist attacks, the European Commission Directorate General of Transport and Energy, EC DG TREN, started to prepare a proposal for a regulation of the European Parliament and of the Council on enhancing cargo surface transport security. In the meanwhile, 9/11 was already triggering an avalanche of new customs, aviation and maritime supply chain security regulations, programs and standards, in the US, Europe and across the globe. But when it came specifically to surface transport security for road and rail cargo (and inland waterways, to that matter) in Europe, nothing was cooking before the DG TREN initiative “Secure Operator”, first announced in 2004. By 2006, the main goal of the EC proposal for a regulation on enhancing supply chain security (SCS) in the EU was shaped as to achieve greater protection of the European freight transport system against possible terrorist attacks. The specific objectives of the draft regulation were defined as: (i) to increase the level of security along the supply chain without impeding the free flow of trade; (ii) to establish a common framework for a systematic European approach without jeopardizing the common transport market and existing security measures; and (iii) to avoid unnecessary administrative procedures and burdens at European and national levels. In addition, the draft regulation related to the need to prevent a patchwork of various supply chain security standards and solutions across EU.

However, it quickly became clear that there was no common sense of urgency in supply chain security regulations across EU Member States, particularly in the context of threat of terrorism to surface (cargo) transport. One was lacking a commitment towards an integrated approach, which would urge everybody to look at the holistic supply chain picture. The countries and especially stakeholder (or, lobby) organizations clearly focused on their specific interests on a part of the supply chain, thus appearing uncomfortable when trying to identify the “big picture”. Ultimately, the draft regulation was blocked in the European legislative process and finally officially withdrawn by the Commission, in 2010.

In the meanwhile, already in 2005, an expert group in supply chain security was formed under the umbrella of European Committee for Standardization (CEN) – and that’s when Cross-border Research Association started to play a role in the “EU land transport security regulations and standards play”, first as the rapporteur for the expert group, and later as the research party for the technical committee in supply chain security. The expert group was formed technically under the CEN working group “Protection and Security of the Citizen” (CEN/BT/WG161), and the (pre)standardization work was partly based on the Logistics Action Plan of the EC that indicated the need for standardization in the transport security domain for the whole logistic chain.

Following the conclusions and recommendations by the expert group, the CEN Technical Committee in Supply Chain Security (CEN/TC 379) was established in 2008, producing ultimately three tangible outputs: Supply Chain Security Feasibility Study (in 2010); CEN Technical Report “Supply Chain Security — Good Practice Guide for Small and Medium Sized Operators” (in 2012, CEN/TR 16412:2012); and, a European Standard: Logistics – Specifications for reporting crime incidents (in 2013, EN 16352:2013-06). The first of the outcomes is available for free (ask by email: cbra@cross-border.org ), and the latter two you can purchase e.g. from your national standardization institute web shop. All in all, great project experience behind us, couple of good publications, and many new contacts and even few friends for lifetime – thus, no regrets, and if asked, would become rapporteur and lead researcher on these important topics, again and again!

And finally, when it comes to the future of SCS regulation and standardization work in Europe – in particular in the land transport security sector (e.g. the LANDSEC expert group, Commission Decision 2012/286/EU): do not be shy in exploiting the tangible outcomes of a decade of our joint work, in particular the Euronorm EN 16352:2013-06, “Logistics: specifications for reporting crime incidents” – no reason to reinvent the wheel!

CBRA Blog by Dr. Juha Hintsa on 21.5.2016

Summarizing the main milestones of the surface transport security 2004-2014 regulatory and standardization process tracks:

A) Regulatory process -track was largely driven by the European Commission Directorate General for Transport and Energy (EC DG TREN), comprising of the following five sequential steps:
A1. Preparation of the Secure Operator legislation at EC DG TREN (2004-2006)
A2. Publication of the legislative proposal (EC, 2006a)
A3. Publication of an impact assessment study (EC, 2006b)
A4. Announcements and debates at European Parliament and Council (2006-2009)
A5. Withdrawal of the proposal by the Commission, (18.9.2010)

B) Standardization process -track – for which the European Committee for Standardization (CEN) was responsible – consisting of the following seven, chronologically ordered steps:
B1. Establishment of an Expert group in supply chain security, under CEN/BT/WG161, “Protection and Security of the Citizen” (2005)
B2. Publication of the final report of the Expert group, approved by CEN/BT/WG161 (14.11.2006)
B3. Establishment of the CEN Technical Committee in Supply Chain Security, CEN/TC 379 (2008)
B4. Publication of Supply Chain Security Feasibility Study (15.1.2010)
B5. Publication of the CEN Technical Report, CEN/TR 16412:2012 “Supply Chain Security — Good Practice Guide for Small and Medium Sized Operators” (2012)
B6. Publication of a European Standard: Logistics – Specifications for reporting crime incidents, EN 16352:2013-06 (2013)
B7. Closure of the CEN Technical Committee in Supply Chain Security, CEN/TC 379 (2014).

Main references / bibliography:

CEN (2013), “Logistics: specifications for reporting crime incidents”, EN 16352:2013-06
CEN (2012), “Supply chain security (SCS): Good practice guide for small and medium sized operators”, CEN/TR 16412:2012
CEN (2006), “Expert group: Supply chain security”, approved by CEN/BT/WG161, 14.1.2006
EC (2012), “Commission Staff Working Document on Transport Security”, SWD(2012), 143 final.
EC (2006a), COM(2006)79 final, 2006/0025(COD), COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS on enhancing supply chain security Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on enhancing supply chain security, (SEC(2006)251)
EC (2006b), SEC(2006)251 COMMISSION STAFF WORKING DOCUMENT. Annex to the COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS on enhancing supply chain security and Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on enhancing supply chain security – IMPACT ASSESSMENT – {COM(2006)79 final}
Hintsa, J., Ahokas, J., Männistö, T. and Sahlstedt, J. (2010), “CEN supply chain security (SCS) feasibility study”, CEN/TC 379 Supply Chain Security, Final report, 15.12010

Annexes to the COMMISSION IMPLEMENTING DECISION concerning the adoption of annual work programmes for 2015 for the Customs 2020 and Fiscalis 2020 programmes and the financing for the implementation of those Programmes, 13.2.2015 (CORE1002)

March 12, 2016/0 Comments/in All transport modes, CBRA, CORE-Observatory, Customs, DG TAXUD, EC, EU, EU, Government, No-cluster, Policy, Regulation /by Vladlen Tsikolenko

Summary: This document contains two annexes. Annex 1 covers the Customs 2020 Work Programme for 2015. It describes the activities and the budget breakdown for the year 2015 for pursuing the objectives laid down in Regulation 1294/2013 that establishes an action programme for customs in the European Union between 2014 and 2020. Annex 2 covers Fiscalis 2020 Work Programme for 2015. It covers the action plans and the budget breakdown for 2015 in relation to Regulation 1286/2013 establishing an action programme to improve the operation of taxation systems in the European Union for the period 2014-2020. The activities and financial coverage are based on three main items-action grants, procurement and other actions. The document is available for download at: http://ec.europa.eu/taxation_customs/resources/documents/taxation/tax_cooperation/fiscalis_programme/legal_texts_docs/awp_2015_en.pdf (accessed on 12.3.2016)

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Full review: The overall objective of the Customs 2020 programme is to facilitate the functioning and modernisation of the customs union in order to strengthen the internal market by means of cooperation between participating countries, their customs authorities and their officials. It is designed to support the shaping and implementation of the UCC (Union Customs Code).

The overarching objective of Fiscalis 2020 programme is to support the fight against tax fraud, tax evasion and aggressive tax planning and the implementation of Union law in the field of taxation. The Fiscalis 2020 programme is a tool, which supports and implements the overall tax policy at the European Union level.

In the Customs 2020 programme, action grants cover grants for joint actions, grant for expert team on new Import Control System (ICS) and grant for expert team on Automated Export System / New Computerised Transit System (AES/NCTS). The Joint Actions grants will fund activities related to the implementation of Union law and policy in the field of customs; improving the European Information Systems for customs, the adoption of best working practices, enhancing the expertise of customs officials, and improving cooperation between relevant organizations both on the EU and international levels. The grant for the expert teams on ICS and AES/NCTS will help achieve the objectives of the year. These objectives include the implementation of the UCC and the required Customs Information Systems in particular, and imposing a tight schedule in terms of IT systems implementation until 2020.

Under Fiscalis 2020 programme, the action grants only cover joint actions that will fund activities related to improving the European Information Systems for taxation, the administrative cooperation, the competence of tax officials, the implementation of Union law in the field of taxation, and for streamlining administrative procedures.

Procurement activities for both the programmes cover IT Capacity Building Actions and Joint and Competency Building Actions. The contracts for public procurement related to IT Capacity building concern the development, maintenance, operation, and quality control of Union components of the existing and new European Information Systems. Procurement activities related to Customs 2020 aim at interconnecting customs authorities, whereas as those associated with Fiscalis 2020 aim at interconnecting taxation administrations. The Joint and Competency Building procurement contracts concern the development, maintenance, support and dissemination of common customs (for Customs 2020) or taxation training (Fiscalis 2020); online collaboration services; staff performance building services; scientific studies, and communication support.

Other expenditures include the funding of external experts who may be invited to contribute to selected activities for achieving the overarching objectives of the two programmes.

CORE1002

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Vision and Strategy 2020, U.S. Customs and Border Protection Strategic Plan – Delivering safety, security, and prosperity through collaboration, innovation, and integration 2015 (CORE2010)

February 5, 2016/0 Comments/in All transport modes, CBP, Coordinated border management, CORE-Observatory, Counter-terrorism, Counterfeiting, Customs, Customs risks, Data sharing, Document forgery, Fraud, Government, Optimization, Organized crime groups, Policy, Resilience, Risk management, Screening, Supply chain security, Tax evasion, Terrorism/destruction, Trade facilitation, Trafficking, USA, WP14, WP17, WP18, WP2, WP3, WP4, WP6, WP9 /by Vladlen Tsikolenko

Summary

This document sets a vision of the US Customs and Border Protection (CBP), the primary border control agency present at the US borders, for year 2020. The vision builds on four general goals and associated objectives that aim to improve safety, security and prosperity of the American people. Collaboration, risk management as well as exchange and exploitation of information and intelligence are in the heart of the vision document and integral elements of its goals and objectives. The vision document is available at: http://www.cbp.gov/sites/default/files/documents/CBP-Vision-Strategy-2020.pdf

Review by Toni Männistö (CBRA)

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Full review

The vision’s first goal is to counter transnational terrorism and crime at and beyond the US borders. Keys to effective counter-terrorism and anti-crime efforts are understanding of threat landscape as well as interagency and international coordination on border management. The second goal is about promoting a comprehensive, whole-of-government approach to border security and management, in order to exploit complementary capabilities of various border control agencies to the fullest extent. Specific objectives underpinning this goal are “situational awareness of the air, land and maritime borders”, “detection, interdiction and disruption of illegal border activities” and “strengthening comprehensive trade enforcement. Here the key is to collect information and intelligence about trade flows and carry out risk assessment to identify and target high-risk cargo movements and facilitate low-risk traffic. Other objectives are strengthening processes to conduct out-bound enforcement and interdiction of travelers and cargo as well as advance a comprehensive, predictive targeting strategy to identify threats as early as possible.

The third goal is about enhancing the US economic competitiveness by facilitating lawful trade and travel. The goal consists of objectives that seek to reduce cost of trade and travel by streamlining customs processes. Other objectives are to harmonize procedures throughout US government agencies and to develop risk-segmentation for better facilitation of low-risk trade and travel. Agility and adaptability of the CBP organization is the fourth goal. Sub-goals, or objectives, include optimization of CBP’s organizational structure, strengthening organizational structure and advance CBP’s effectiveness through technologies and business innovations. The vision document concludes with a presentation of principles and process of risk management in the customs context.

This vision document contains lots of relevant information for many CORE work packages, especially for those that deal with US-bound supply chains (WP9, WP14 and WP17. Certainly, also work packages dealing with risk assessment and educational material benefit from this material. Altogether, revealing strategic priorities of the CBP, the document reflects the trends of customs-centric supply chain security worldwide, and this information is very valuable for CORE and its work packages.

Reference

US CBP, 2015. Vision and Strategy 2020, U.S. Customs and Border Protection Strategic Plan – Delivering safety, security, and prosperity through collaboration, innovation, and integration

CORE2010

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Review on The Critical Infrastructure Gap: U.S. Port Facilities and Cyber Vulnerabilities, Policy Paper, July 2013, Center for 21st Century Security and Intelligence (CORE1095)

January 15, 2016/0 Comments/in CBRA, Consulting, CORE-Observatory, Counter-terrorism, Cybercrime, Cybersecurity, Government, Lobbying, Maritime, Policy, Resilience, Risk management, Sea port, Socio-economic impacts, Terrorism/destruction, USA, WP10, WP11, WP13, WP14, WP15, WP17, WP2, WP6, WP9 /by Vladlen Tsikolenko

Summary: In a 50-page policy paper by the Brookings Institute and authored by Commander Joseph Kramek of the U.S.Coast Guard and a Federal Executive Fellow at the institute, the current state of affairs related to vulnerabilities at our national seaports is discussed and options to shore up cyber security are presented. In the executive summary, Commander Kramek writes that today’s U.S. port facilities rely as much upon networked computer and control systems as they do upon stevedores to ensure the flow of maritime commerce that the economy, homeland, and national security depend upon. Yet, unlike other sectors of critical infrastructure, little attention has been paid to the networked systems that undergird port operations. Report is available at: http://www.brookings.edu/~/media/research/files/papers/2013/07/02%20cyber%20port%20security%20kramek/03%20cyber%20port%20security%20kramek.pdf

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Full review: No cybersecurity standards have been promulgated for U.S. ports, nor has the U.S. Coast Guard, the lead federal agency for maritime security, been granted cybersecurity authorities to regulate ports or other areas of maritime critical infrastructure. In the midst of this lacuna of authority is a sobering fact: according to the most recent National Intelligence Estimate (NIE) the next terrorist attack on U.S. Critical Infrastructure and Key Resources (CIKR) is just as likely to be a cyber attack as a kinetic attack.

The potential consequences of even a minimal disruption of the flow of goods in U.S. ports would be high. The zero-inventory, just-in-time delivery system that sustains the flow of U.S. commerce would grind to a halt in a matter of days; shelves at grocery stores and gas tanks at service stations would run empty. In certain ports, a cyber disruption affecting energy supplies would likely send not just a ripple but a shockwave through the U.S. and even global economy.

Given the absence of standards and authorities, this paper explores the current state of cybersecurity awareness and culture in selected U.S. port facilities. The use of the post-9/11 Port Security Grant Program (PSGP), administered by the Federal Emergency Management Agency, is also examined to see whether these monies are being used to fund cybersecurity projects.

Full citation: The Critical Infrastructure Gap: U.S. Port Facilities and Cyber Vulnerabilities, Policy Paper, July 2013, Center for 21st Century Security and Intelligence.

CORE1095

Keywords: Maritime Security, Cyber-security, Port Security Grant Program (PSGP), Port facility, Coast Guard, Maritime Transportation Security Act (MTSA).

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CORE Information Observatory

January 4, 2016/0 Comments/in Academic, All transport modes, Analytic, Blog, CBRA, EU, FP7, Global, Other-cluster, Policy, Regulation, Scientific, Supply chain security, Trade facilitation, WP18, WP19 /by Juha Hintsa

Please visit FP7-CORE Information Observatory . If you find it useful for your work, please consider registering to become a regular CORE Observatory user and to receive the CBRA Monthly Newsletter!

On behalf of the whole CBRA-team – Sangeeta, Susana, Susan, Phan Hien, Toni, Vladlen, Duayner, Perttu, Matti, Ari-Pekka, Ninoslav, Peter, Andrew, Harri x 2, and David x 2 (https://www.cross-border.org/team/ ) – I would like to wish you the best of success for the year 2016, in your professional as well as private life. In the context of global supply chains, we are ready to work with you towards faster and more predictable global logistics, naturally combined with low crime rates and with high compliance rates. One great tool to support such “common industry-government-academia global supply chain mission” is our new media platform – the recently launched FP7-CORE Information Observatory, which you can find at: https://www.cross-border.org/core-observatory/core-observatory-full-list/

CORE Observatory gives you 10-20 regular reviews and updates per month on supply chain security and trade facilitation policies, regulations, standards, good practices, roadmaps, research papers etc. – for the benefit of FP7-CORE partners, and beyond. Our primary focus is currently on European Union and its main trading partners – global expansion is possible later, depending on user needs and priorities. Each CORE Observatory entry has a title and a summary, visible to every user. At the end of the summary we provide a URL for the source document, whenever an electronic version is available in public domain. Starting 1 January 2016, the title and summary are also translated to Spanish. New languages (e.g. French, Arabic or Russian) may be offered later in 2016 depending on user preferences. The full review text is available only for the registered users, who will also receive the CBRA Monthly Newsletter, tailored to their personal information needs and interests. The CORE Observatory entries are listed in chronological order, the latest entry appearing on the top of the list. Any user – registered or not – can search CORE Observatory entries either via pre-defined keywords and tags (most common ones listed on the right side of the web page), or via free text search.

Again, Happy New Year 2016 everyone – and looking forward to having many new visitors at the FP7-CORE Information Observatory!

Yours, Juha

Punta Cana Resolution, Resolution of the Policy Commission of the World Customs Organization on the Role of Customs in the Security Context, WCO 2015 (CORE2004)

December 22, 2015/0 Comments/in All transport modes, Coordinated border management, CORE-Observatory, Counter-terrorism, Customs, Customs risks, Dangerous goods, Data sharing, Global, International governmental organization, Investigations, Policy, Risk management, Risk-cluster, Supply chain security, Terrorism/destruction, WCO /by Vladlen Tsikolenko

The new Punta Cana Resolution sets guidelines for customs’ security roles in the combat against the new wave of terrorism, as manifested by recent attacks in Tunisia, Turkey, Lebanon, France and Mali. The resolution highlights that the customs authorities are typically the first line of defense against transnational crime, terrorism and extremism: the customs control cross-border movements of people, cargo, money and modes of transport and thus protect communities against terrorists that may exploit international supply chains to move materials, funds or operatives across borders. Building on the previous WCO instruments and agreements, especially on the WCO Security Programme, the Punta Cana resolution is the customs community’s action plan and renewed pledge of solidarity that provides a diplomatic backdrop for further counterterrorism activities. More information at: http://www.wcoomd.org/en/media/newsroom/2015/december/wco-issues-the-punta-cana-resolution.aspx

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Full review

The new Punta Cana Resolution sets guidelines for customs’ security roles in the combat against the new wave of terrorism, as manifested by recent attacks in Tunisia, Turkey, Lebanon, France and Mali. The resolution highlights that the customs authorities are typically the first line of defense against transnational crime, terrorism and extremism: the customs control cross-border movements of people, cargo, money and modes of transport and thus protect communities against terrorists that may exploit international supply chains to move materials, funds or operatives across borders. Building on the previous WCO instruments and agreements, especially on the WCO Security Programme, the Punta Cana resolution is the customs community’s action plan and renewed pledge of solidarity that provides a diplomatic backdrop for further counterterrorism activities.

The Punta Cana resolution encourages customs administrations worldwide to intensify collaboration within the customs community and with other border control agencies, both domestically and internationally. In case of missing or obsolete counter-terrorism strategy, the resolution urges customs to add new security roles in their mandates and activities. The Punta Cana document also recommends customs to pay close regard to the WCO’s previous agreements and instruments, such as the WCO Compliance and Enforcement Package, SAFE Framework of Standards and the WCO Security Programme. At more practical level, the resolution promotes the use of the full range of modern detection and investigation techniques, especially advance risk profiling on the basis of Advance Passenger Information (API) and Passenger Name Record (PNR). The resolution also calls governments from around the world to provide necessary financial and human support so that their national customs administrations can contribute towards the goals of the WCO Security Programme.

The Punta Cana Resolution informs CORE consortium about the changing risk landscape where the threat of transnational terrorism is high again. The Resolution also reminds the CORE’s risk cluster of the three cornerstones of effective border security management: collaboration, technology and human resources. The Punta Cana document also gives an overlook on the customs’ security priorities over the following years. For example, the global customs community will likely invest a great deal of time and money to develop new risk profiling systems that tap into new data sources such as the Advance Passenger Information (API) and Passenger Name Record (PNR). The same trend towards better risk profiling is likely to define also the future cargo security efforts at the borders.

Reference: WCO, 2015. Punta Cana Resolution, Resolution of the Policy Commission of the World Customs Organization on the Role of Customs in the Security Context.

CORE2004

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EU logistics security – an interesting decade

Annexes to the COMMISSION IMPLEMENTING DECISION concerning the adoption of annual work programmes for 2015 for the Customs 2020 and Fiscalis 2020 programmes and the financing for the implementation of those Programmes, 13.2.2015 (CORE1002)

Review on The Critical Infrastructure Gap: U.S. Port Facilities and Cyber Vulnerabilities, Policy Paper, July 2013, Center for 21st Century Security and Intelligence (CORE1095)

CORE Information Observatory

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