41 Amendments of Roberta METSOLA related to 2013/0432(COD)
Amendment 56 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 33 and Article 114 thereof,
Amendment 58 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The application of criminal sanctions should be a matter for the competence of the Member States alone.
Amendment 59 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) This Directive should be in line with Regulation (EU) No 952/2013 of the European Parliament and of the Council1. _______________________________ 1 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 60 #
Proposal for a directive
Recital 3
Recital 3
(3) That disparity of Member States' legal systems affects not only affects the optimal management of the cCustoms uUnion, but also prevents thathinders the achievement of a level playing field is achieved for economic operators in the cCustoms uUnion becauseas it has an impact on their access to customs simplifications and facilitations. Uniformity of the principles governing the way in which customs infringements should be handled by the different customs authorities is needed in order to ensure the proper functioning of the internal market.
Amendment 61 #
Proposal for a directive
Recital 5
Recital 5
(5) The legal frameworkminimum requirements for the enforcement of Union customs legislation provided for in this Directive isare consistent with the legislation in force regarding the safeguarding of the financial interests of the Union9. The customs infringements covered by the framework establishedminimum requirements laid down by this Directive include customs infringements that have an impact on those financial interests while not falling under the scope of the legislation safeguarding them by means of criminal law and customs infringements that do not have an impact on the financial interests of the Union at all. __________________ 9 Proposal for a Directive of the European Parliament and of the Council on the fight against fraud to the Union's financial interests by means of criminal law (COM(2012)363).
Amendment 62 #
Proposal for a directive
Recital 6
Recital 6
(6) A list of behaviour which should be considered as infringing Union customs legislation and give rise to sanctions should be established. Those customs infringements should be fully based on the obligations stemming from the customs legislation with direct references to the Code. This Directive does not determine whetherprovides that Member States should apply administrative or criminal law sanctions in respect of those customs infringements. sanctions in respect of those customs infringements. However, this does not affect the possibility for Member States to impose criminal sanctions where a customs infringement falls within the scope of their national laws providing for the imposition of criminal sanctions.
Amendment 63 #
Proposal for a directive
Recital 6
Recital 6
(6) A list of behaviour which should be considered as infringing Union customs legislation and give rise to sanctions should be established. Those customs infringements should be fully based on the obligations stemming from the customs legislation with direct references to the Code. This Directive does not determine whether Member States should apply administrative or criminal law sanctions in respect of those customs infringements. This Directive provides that Member States should apply administrative sanctions in respect of those customs infringements.
Amendment 74 #
Proposal for a directive
Recital 14
Recital 14
(14) A suspension of administrative proceedings concerning customs infringements should be provided for where criminal proceedings have been initiated against the same person in connection with the same facts. The continuation of the administrative proceedings after the completion of the criminal proceedings should be possible only in strict conformity with the ne bis in idem principle, meaning that the same offence must not be penalised twice.
Amendment 75 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Taking into account the objective of this Directive, namely to ensure effective enforcement of the Union customs legislation, the Commission should take a holistic approach to enforcement in order to assess whether further action is needed to ensure effectiveness of enforcement of the Union customs legislation following the submission of the Commission report on the application of this Directive as referred to in Article 18 of this Directive.
Amendment 84 #
Proposal for a directive
Article 2
Article 2
Member States shall lay down rules on sanctions in respect of the customs infringements set out in Articles 3 to 6 in strict conformity with the ne bis in idem principle.
Amendment 86 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Member States shall ensure that the acts or omissions set out in Articles 3 to 6 only constitute customs infringements where they are committed by negligence or intentionally.
Amendment 88 #
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Clerical errors or mistakes committed without negligence or intent shall not constitute a customs infringement.
Amendment 90 #
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 94 #
Proposal for a directive
Article 3 – introductory part
Article 3 – introductory part
Member States shall ensure that the following acts or omissions constitute minor customs infringements irrespective of any element of fault:
Amendment 100 #
Proposal for a directive
Article 3 – point g
Article 3 – point g
(g) failure of a person bringing goods into the customs territory of the Union to comply with the obligations relating to the conveyance of the goods in the appropriate place in accordance with Article 135(1) of the Code, or to inform customs authorities immediately when the obligations cannot be complied with in accordance with Article 137(1) and (2) of the Code and of the whereabouts of the goods;
Amendment 101 #
Proposal for a directive
Article 3 – point j
Article 3 – point j
(j) failure of the economic operatorperson keeping the goods in its approved storage facility or in other places designated or approved by the customs authorities responsible for non- Union goods which are in temporary storage to place those goods under a customs procedure or to re-export them within the time limit in accordance with Article 149 of the Code;
Amendment 102 #
Proposal for a directive
Article 3 – point o
Article 3 – point o
Amendment 103 #
Proposal for a directive
Article 3 – point p
Article 3 – point p
(p) construction of a building in a free zone without the prior approval of the customs authorities in accordance with Article 244(1) of the Code;
Amendment 104 #
Proposal for a directive
Article 3 – point q
Article 3 – point q
Amendment 107 #
Proposal for a directive
Article 4 – point b
Article 4 – point b
(b) failure of thean economic operator to provide customs authorities withsupply, in response to a request by the customs authorities, the requisite documents and information in an appropriate form and within a reasonable time, and to provide all the assistance necessary for the completion of the customs formalities or controls in accordance with Article 15(1) of the Code;
Amendment 108 #
Proposal for a directive
Article 4 – point d
Article 4 – point d
Amendment 112 #
Proposal for a directive
Article 5 – point b – introductory part
Article 5 – point b – introductory part
(b) the use of false statements or any other irregular meaninaccurate or incomplete information or inauthentic, inaccurate or invalid documents by an economic operator in order to obtain an authorisation from the customs authorities:
Amendment 113 #
Proposal for a directive
Article 5 – point c
Article 5 – point c
(c) introduction or exit of goods into or from the customs territory of the Union without presenting them to customs authorities in good time in accordance with Articles 139, 245, or Article 267(2) of the Code;
Amendment 121 #
Proposal for a directive
Article 5 – point g
Article 5 – point g
Amendment 129 #
Proposal for a directive
Article 9 – introductory part
Article 9 – introductory part
Member States shall ensure that effective, proportionate and, dissuasive and non- criminal sanctions are imposed for the customs infringements referred to in Article 3 in addition to recovering the duties evaded, within the following limits:
Amendment 133 #
Proposal for a directive
Article 9 – point a
Article 9 – point a
(a) where the customs infringement relates to specific goodsis linked to the duties evaded, a pecuniary fine ofrom 1 % up to 5 0% of the value of the goodsduties evaded;
Amendment 136 #
Proposal for a directive
Article 9 – point b
Article 9 – point b
(b) where the customs infringement is not relatlinked to specific goodsthe duties evaded, a pecuniary fine ofrom EUR 150 up to EUR 7 500.
Amendment 144 #
Proposal for a directive
Article 11 – introductory part
Article 11 – introductory part
Member States shall ensure that effective, proportionate and, dissuasive and non- criminal sanctions are imposed for the customs infringements referred to in Articles 5 and 6 in addition to recovering the duties evaded, within the following limits:
Amendment 148 #
Proposal for a directive
Article 11 – point a
Article 11 – point a
(a) where the customs infringement relates to specific goodsis linked to the duties evaded, a pecuniary fine of up to 30 100% of the value of the goodsduties evaded;
Amendment 152 #
Proposal for a directive
Article 11 – point b
Article 11 – point b
(b) where the customs infringement is not relatlinked to specific goodsthe duties evaded, a pecuniary fine of up to EUR 45 000.
Amendment 154 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Possibility of imposing criminal sanctions Member States may opt to apply criminal sanctions where a customs infringement falls within their national laws providing for the imposition of criminal sanctions.
Amendment 156 #
Proposal for a directive
Article 11 b (new)
Article 11 b (new)
Article 11b Other non-criminal sanctions for customs infringements referred to in Articles 5 and 6 In addition to the sanctions listed in Articles 9 and 11, Member States may impose the following non-pecuniary sanctions where a serious infringement is committed: (a) confiscation of goods; (b) revocation of the status of authorised economic operator in the case of a serious infringement as referred to in Article 5 or in the case of a customs infringement which is committed more than once as referred to in Articles 3 to 6; (c) suspension of an authorisation which has been granted.
Amendment 158 #
Proposal for a directive
Article 12 – title
Article 12 – title
Amendment 160 #
Proposal for a directive
Article 12 – introductory part
Article 12 – introductory part
Member States shall ensure that, when determining the type and the level of sanctions for the customs infringements referred to in Articles 3 to 6, the competent authorities shall take into account all relevant circumstances, including, where appropriate: the following aggravating circumstances, resulting in the sanction being increased within the limits laid down in Articles 9 and 11. Aggravating circumstances shall also be taken into consideration from the very beginning of the process, that is to say, during the determination of whether a customs infringement has been committed and taking into account the principle of proportionality and the appropriateness of the sanctions. The classification of the customs infringement in terms of its gravity and the amount of the sanction to be imposed shall be increased within the limits laid down in this Directive where the competent authorities find that there are aggravating circumstances, such as:
Amendment 166 #
Proposal for a directive
Article 12 – point a a (new)
Article 12 – point a a (new)
(aa) commission of the same or a similar or linked infringement;
Amendment 171 #
Proposal for a directive
Article 12 – point e
Article 12 – point e
(e) the level of cooperation ofrefusal by the person responsible for the infringement to cooperate or to cooperate fully with the competent authority;
Amendment 174 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Mitigating circumstances Member States shall ensure that, when determining the type and the level of sanctions to be imposed for customs infringements as referred to in Articles 3 to 6, the competent authorities take into account any of the following mitigating circumstances that may apply, resulting in the sanction being decreased within the limits laid down in Articles 9 and 11. Mitigating circumstances shall also be taken into consideration from the very beginning of the process, that is to say, during the determination of whether a customs infringement has been committed and taking into account the principle of proportionality and the appropriateness of the sanctions. The classification of a customs infringement and the amount of the sanction to be imposed should be decreased within the limits laid down in this Directive where the competent authorities find that there are mitigating circumstances, such as: (a) voluntary disclosure of the infringement, provided that the infringement is not yet the subject of any investigation of which the person responsible for the infringement has knowledge; (b) the person responsible for the infringement is able to show that he or she is making a significant effort to align with the Union customs legislation by demonstrating a move towards a high level of control of his or her operations, such as by setting-up of a compliance system; (c) the nature of the activities and size of the economic operator concerned and the level of impact on the Union's financial interests.
Amendment 176 #
Proposal for a directive
Article 12 b (new)
Article 12 b (new)
Article 12b Compliance Member States shall ensure that guidelines and publications on how to comply and continue to comply with Union customs legislation are made available to interested parties in an easily accessible, understandable and up-to-date form.
Amendment 177 #
Proposal for a directive
Article 12 c (new)
Article 12 c (new)
Article 12c Settlement Member States shall ensure the possibility of a settlement as a procedure allowing the competent authorities to enter into an agreement with the person responsible for the customs infringement to settle the matter of such infringement as an alternative to initiating or pursuing legal proceedings for the imposition of a sanction. Member States shall ensure that such a possibility accords with the principle of equal treatment and that the outcome of the procedure is published.
Amendment 182 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that the limitation period is interrupted by any act ofn the competent authority, notified to the person in question,part of the person responsible for the infringement relating to an investigation or legal proceedings concerning the same customs infringement. The limitation period shall startcontinue to run on the day ofn which the interrupting act comes to an end.
Amendment 191 #
Proposal for a directive
Article 18 - paragraph 1 a (new)
Article 18 - paragraph 1 a (new)
Following the submission of that report, and only if further action is deemed necessary in order to ensure an effective enforcement of Union customs legislation, the Commission shall submit a report to the European Parliament and the Council on the other elements of the enforcement of Union customs legislation, such as supervision, control and investigation.