56 Amendments of Bernd LANGE related to 2023/0156(COD)
Amendment 130 #
Proposal for a regulation
Recital 15
Recital 15
(15) Economic operators meeting certain criteria and conditions to be considered compliant and trustworthy traders by customs authorities can be granted the status of AEO and thereby benefit from facilitations in customs processes. While ensuring that the traders dealing with most of Union trade are trustworthy, the AEO scheme suffers from certain weaknesses highlighted in the evaluation of Regulation (EU) No 952/2013 and in the findings of the European Court of Auditors. To deal with those concerns, in particular about the divergent national practices and challenges regarding AEO compliance monitoring, the rules should be amended to introduce the customs authorities’ obligation to monitor compliance at least every 3 yearevery 2 years taking into account the risk and the number of customs procedures and customs formalities.
Amendment 142 #
Proposal for a regulation
Recital 56
Recital 56
(56) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the EU Customs Authority. The composition of the Management Board, including the selection of its Chairperson and Deputy- Chairperson, should respect the principles of gender balance, experience and qualification. Given the Union’s exclusive competence on the customs union, and the close link between customs and other policy fields, it is appropriate that its chairperson is elected from among those Commission representatives. In view of the effective and efficient functioning of the EU Customs Authority, the Management Board should, in particular, adopt a Single Programming Document including annual and multiannual programming, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. The Management Board should be assisted by an Executive Board. A Customs Advisory Board composed of stakeholders is established to to assist the Executive Board and the EU Customs Autority. by giving input on the customs dimensions of other legislation and by sending early warnings in case they have a substantiated concern to suspect that a certain goods imported in the EU is likely to infringe customs legislation or other legislation. The Customs Advisory Board shall include Small Medium Enterprises and take their insights into account
Amendment 144 #
Proposal for a regulation
Recital 56
Recital 56
(56) The Member States, the European Parliament and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the EU Customs Authority. The composition of the Management Board, including the selection of its Chairperson and Deputy- Chairperson, should respect the principles of gender balance, experience and qualification. Given the Union’s exclusive competence on the customs union, and the close link between customs and other policy fields, it is appropriate that its chairperson is elected from among those Commission representatives. In view of the effective and efficient functioning of the EU Customs Authority, the Management Board should, in particular, adopt a Single Programming Document including annual and multiannual programming, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. The Management Board should be assisted by an Executive Board.
Amendment 145 #
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58 a) In recognition of the evolving landscape of global trade, characterized by the increasing prominence of cross- border e-commerce and the necessity for efficient customs controls, this article advocates for the enhanced use of artificial intelligence (AI) and non- intrusive inspection (NII) technologies in customs operations.
Amendment 146 #
Proposal for a regulation
Recital 59 a (new)
Recital 59 a (new)
(59 a) Whereas the need for a streamlined, efficient, and accessible approach to manage and disseminate information related to unilateral trade measures and customs data management is increasingly vital for the proper functioning of international trade; Recognizing that companies face significant challenges in complying with various unilateral trade measures due to the complexity and fragmentation of information available; Acknowledging that a unified digital interface, known as the "DataHub," would significantly alleviate these challenges by providing a centralized, user-friendly portal for accessing all relevant information; Understanding that such a system would not only facilitate compliance with unilateral trade measures but also reduce the burden on companies in sourcing this information, thereby promoting more coherent and effective application of these measures; And further recognizing the importance of real-time data availability to customs authorities for the monitoring and management of the movement and status of goods; This amendment seeks to establish the DataHub as a comprehensive digital solution that includes a self-assessment tool for companies. This tool aims to assist in evaluating their compliance with import criteria and enhancing the overall efficiency and effectiveness of trade regulation and management. Through this initiative, the amendment aims to foster a more integrated and coherent approach to unilateral trade measures, thereby contributing to a more streamlined and effective international trade environment.
Amendment 148 #
Proposal for a regulation
Recital 62
Recital 62
(62) It is necessary to establish common provisions for extenuating or mitigating factors, as well as for aggravating circumstances, with regard to the customs infringements. The limitation period for initiatpartnership between customs and industry, particularly since the introduction of the Authorized Economic Operator (AEO), has demonstrated that, with few exceptions, companies are generally compliant. In light of this, in cases of labor errors, the initial focus should be on collaboratively improving the cbustoms infringement proceedings should be established in accordance with national law and should be between 5 and 10 years, so as to provide for a common rule based oniness process, rather than immediately resorting to punitive measures. Corrections to incorrect data in customs declarations must be facilitated to allow for easy rectification. Penalties and the withdrawal of authorizations should be considered as measures of last resort in response to infringements. Furthermore, the impact of penalties on the company must be proportionate, both in terms of the detected offense and its impact on the company. Penalties should be specifically related to duties and taxes actually foregone, excluding transitory items such as VAT. The limitation period for initiating customs infringement proceedings should be established in accordance with national law and should range between 5 and 10 years. This aligns with the time limitation for the notification of customs debt and provides a common rule. The competent jurisdiction should be the one where the infringement was committed. Cooperation between Member States is necessaryessential in cases where the customs infringement has been committoccurred in more than one Member State; i. In such casinstances, the Member State that first initiates the proceedings should cooperate with the other customs authorities concerned by the same customs infringement.
Amendment 153 #
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74 a) Recognizing the importance of cohesive and informed decision-making in customs operations, it is hereby established that the Customs Advisory Board (CAB) shall engage in cooperation with the Domestic Advisory Groups (DAGs) established under Free Trade Agreements (FTAs). The CAB shall take into account the information provided by these DAGs, acknowledging their crucial role in offering insights and perspectives relevant to trade and customs matters. To facilitate this cooperation, DAGs shall be granted access to the data hub. This access is intended to enable them to retrieve information provided by the Commission within the hub. An obligation to ensure such access and information exchange will be established in an amendment under Title III. This provision aims to streamline the process, making the exchange of relevant information between the CAB and DAGs more efficient and effective. By doing so, it enhances the collaborative efforts and shared knowledge base essential for robust and well-informed customs operations under the framework of FTAs.
Amendment 155 #
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74 a) For transparency purposes, interested parties including Domestic Advisory Groups and customs intermediaries may be given observer status within the Customs Advisory Board established and consulted by the Management Board of the EU Customs Authority.
Amendment 156 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article1a This legislation shall be designed in line with the goals of the World Trade Organizations Trade Facilitation Agreement aim to facilitate trade. In this regard 1.1 the customs code of the European Union must establish a reliable framework for the operation of economic stakeholders. 2.1 Adjustments to customs procedures and formalities should be implemented after fulfilling specific communication requirements, where feasible. 2.2 These adjustments will be made only after the customs authorities have provided timely, easily accessible, and understandable information to the economic operators. 3.1 To maintain consistency and reduce complexity, adjustments to customs procedures and formalities will be consolidated and implemented collectively, ideally at the end of the month, wherever feasible.
Amendment 159 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) supporting legitimate business activity, by maintaining a proper balance between customs controls and facilitation of legitimate trade and simplifying customs processes and procedures, through robust real –time risk analysis enabled by the EU Customs Data Hub artificial intelligence capabilities as defined in Article 29 (1) (d).
Amendment 171 #
Proposal for a regulation
Article 5 – paragraph 1 – point 64 b (new)
Article 5 – paragraph 1 – point 64 b (new)
(64 b) “shipment at risk - to be assessed before release in the internal market” means a shipment to be segregated and examined by national customs authorities upon arrival at destination;
Amendment 173 #
Proposal for a regulation
Article 5 – paragraph 1 – point 64 c (new)
Article 5 – paragraph 1 – point 64 c (new)
(64 c) “incompliant shipment” means a shipment incompliant with EU rules, to be denied for pick up at origin and/or denied for release in the internal market.
Amendment 174 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Customs authorities shall, without delay and at the latest within 3014 calendar days of receipt of the application for a decision, verify whether the conditions for the acceptance of that application are fulfilled.
Amendment 175 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
Except where otherwise provided, the competent customs authority shall take a decision as referred to in paragraph 1 at the latest within 1290 calendar days of the date of acceptance of the application and shall notify the applicant without delay.
Amendment 178 #
Proposal for a regulation
Article 23 – paragraph 10 a (new)
Article 23 – paragraph 10 a (new)
10 a. 1.1 The participation of Small and Medium-sized Enterprises (SMEs) and Micro, Small, and Medium-sized Enterprises (MSMEs) in external trade is acknowledged as being of central importance to the economy of the European Union. 2.1 It is recognized that SMEs and MSMEs may face challenges in fully complying with the criteria set forth by the Trust & Check Trader program. 2.2 In cases where SMEs and MSMEs are unable to meet the Trust & Check Trader criteria, it shall be ensured that the existing procedural facilitations for exports will continue to be applicable in a comparable form.This is to support the continuous and effective participation of SMEs and MSMEs in external trade. 2.3 The aim is to provide a balanced approach that recognizes the unique challenges faced by SMEs and MSMEs while maintaining the integrity and security of external trade processes. 3.1 Relevant authorities shall offer support and guidance to SMEs and MSMEs to help them understand and strive to meet the criteria of the Trust & Check Trader program. 3.2 Continuous efforts shall be made to simplify and make the procedures more accessible for SMEs and MSMEs, ensuring their vital role in the EU's external trade is facilitated and promoted.
Amendment 193 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) allow forensure the electronic implementation of customs legislation;
Amendment 194 #
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) ensure, as defined in Article 5, the quality, integrity, traceability and non- repudiation of data processed therein, including the amendment of such data;
Amendment 195 #
Proposal for a regulation
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
(d) enablprovide risk analysis, economic analysis and data analysis, including through the use of artificial intelligence systems in accordance with [the Artificial Intelligence Act 2021/0106 (COD)]65 and data mining techniques and tools ; _________________ 65 Regulation (EU) …./.. of the European Parliament and of the Council (OJ L…,../../…., p..). [OJ: Please insert in the text the number of the Regulation contained in document COM(2021) 206 final, 2021/0106(COD)) and insert the number, date, title and OJ reference of that Directive in the footnote.]
Amendment 196 #
Proposal for a regulation
Article 29 – paragraph 1 – point e
Article 29 – paragraph 1 – point e
(e) enablsure the interoperability of those services and systems with other electronic systems, platforms or environments for the purpose of cooperation in accordance with Title XIII;
Amendment 197 #
Proposal for a regulation
Article 29 – paragraph 1 – point f
Article 29 – paragraph 1 – point f
(f) integrcoordinate the Efuropean Union Single Window Certificates Exchange System established by Article 4 of Regulation (EU) 2022/2399ther integration of artificial intelligence into customs systems while preserving ethical standards at every stage of the process;
Amendment 199 #
Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 2 a (new)
Article 29 – paragraph 5 – subparagraph 2 a (new)
Establishment of a Comprehensive Electronic Data System for Unilateral Trade Measures The comprehensive and user-friendly digital interface, known as the "DataHub.", shall also provide access to all information related to unilateral trade measures.It aims to enhance companies' compliance with these measures without imposing additional burdens in terms of information retrieval.Additionally, it will promote greater coherence among various unilateral measures.The system will also include a self-assessment tool for companies to assess their compliance with import criteria, along with the provision of real-time data to customs authorities concerning the movement and status of goods. 2.1 The DataHub shall offer direct access to all information pertaining to unilateral trade measures, including tariffs, quotas, sanctions, and embargoes. 2.2 The system shall integrate an electronic system providing real-time data to customs authorities on the movement of goods and the compliance of relevant entities with all applicable requirements. 2.3 The interface shall prioritize user experience, ensuring accessibility, organization, and up-to-dateness of information. 3.1 The electronic system integrated shall be integrated within the EU Customs Data Hub as established in Article 29. 4.1 A Self-Assessment Tool for companies to evaluate compliance with import criteria shall be included within the DataHub or easily accessible from the DataHub. 4.2 The tool shall provide a step-by-step guide for self-evaluation against established trade criteria. 4.3 It shall enable companies to generate compliance reports for internal audits and record-keeping. 5.1 The DataHub shall be accessible to businesses, trade organizations, and the public, requiring account creation for full access. 5.2 Regular updates and maintenance will ensure the system’s accuracy and relevance. 5.3 Support services and resources will be available for user assistance and navigation of the DataHub. 5.4 The system will enable data sharing within the EU Customs Data Hub. 5.5 Domestic Advisory Groups, under Free Trade Agreements, will provide information to the DataHub relevant to the applicability or circumvention of unilateral trade measures.This information shall be verified and submitted prior to the annual meeting of the customs advisory boards. 6.1 The Directorate General Taxation and Customs union, in cooperation shall oversee the development, implementation, and maintenance of the DataHub and its integrated electronic system. 6.2 Regular reviews and audits shall ensure the system's effectiveness and compliance with legislative standards. 7.1 Necessary funding and resources shall be allocated for the development, implementation, and continuous improvement of the DataHub and the electronic system.
Amendment 200 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States mayThe EU Customs Authority shall develop the applications necessary for Member States to connect to the EU Customs Data Hub in order to provide data to and process data from the EU Customs Data Hub.
Amendment 202 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 203 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. Where the EU Customs Authority develops an application in accordance with paragraph 21, it shall coordinate with and make it available to all Member States.
Amendment 207 #
Proposal for a regulation
Article 31 – paragraph 3 – point c a (new)
Article 31 – paragraph 3 – point c a (new)
(c a) to perform robust real-time risk analysis to minimise the responsabilities and liability of legitimate operators.
Amendment 212 #
Proposal for a regulation
Article 31 – paragraph 11 – point c a (new)
Article 31 – paragraph 11 – point c a (new)
(c a) Relevant data may be made available to third countries’ customs and market surveillance authorities, allowing for cooperation between EU and third countries’ customs authorities to the extent necessary to ensure compliance of imports with EU law. It is imperative that this process incorporates stringent measures for the protection of company data, particularly sensitive information. To this end, the deployment of the best available cybersecurity software and practices will be mandatory to safeguard the integrity and confidentiality of the shared data against any form of unauthorized access or cyber threats.
Amendment 214 #
Proposal for a regulation
Article 31 – paragraph 11 a (new)
Article 31 – paragraph 11 a (new)
11 a. To ensure the accuracy and reliability of the information provided, a robust verification mechanism shall be implemented. This mechanism will involve a thorough review and validation of the information by the relevant authorities before its inclusion in the EU Customs Data Hub. This process aims to maintain the integrity of the data within the hub and to prevent the dissemination of erroneous or misleading information.
Amendment 216 #
Proposal for a regulation
Article 31 – paragraph 14 – subparagraph 1 – introductory part
Article 31 – paragraph 14 – subparagraph 1 – introductory part
The Commission shall lay down, by means of implementing acts, rules and modalities for accessing or processing data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub by the authorities referred to in paragraphs 6 to 11, as well as confidentiality and accountability rules for all persons with access to the data. In determining those rules and modalities, the Commission shall, for each authority or category of authorities:
Amendment 217 #
Proposal for a regulation
Article 31 – paragraph 14 – subparagraph 1 – point d
Article 31 – paragraph 14 – subparagraph 1 – point d
(d) consider the need forrequest the authority concerned to designate a specific contact point, person or persons or to provide additional safeguards;
Amendment 218 #
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3 a. Encouraging the Use of Artificial Intelligence and Non-Intrusive Inspection Technologies in Customs Controls 1.1 Customs authorities are encouraged to incorporate artificial intelligence (AI) and non-intrusive inspection (NII) technologies, such as X-ray scanners, into their operational procedures.This recommendation aims to improve the efficiency and effectiveness of customs inspections, especially in handling the increasing volumes of cross-border e- commerce. 1.2 The application of AI for automated image identification and risk assessment in customs controls is recommended to reduce reliance on manual analysis and to minimize human error. 2.1 The use of advanced image compression technologies for the cost- effective collection, storage, and archiving of X-ray scans is encouraged.This facilitates the creation of a substantial image library, instrumental for training purposes and the development of Automated Threat Detection (ATD) algorithms. 3.1 The integration of Internet of Things (IoT) technology is encouraged to enhance security and efficiency in customs operations.This includes employing sensors in vehicles and containers for effective cargo monitoring and journey tracking, as well as improving communication between X-ray scanners and electronic seals (e-seals) on containers. 3.2 The development of policies and legislation to address privacy and data exchange challenges associated with the use of IoT in customs operations is recommended. 4.1 The deployment of Robotic Process Automation (RPA) in customs operations is encouraged to perform high-volume, repetitive tasks more efficiently than human capability.This includes automating the verification of manifests and declaration submissions, and integrating with optical character recognition systems for rapid verification and correction processes. 5.1 Customs administrations are advised to adopt best practices and continually update their technological strategies to reflect the advancements in AI, IoT, and RPA. 5.2 Regular training and updating of customs personnel are recommended to ensure the effective use of these technologies. 5.3 Compliance with this article will be monitored through periodic reviews, assessing the effectiveness of technology implementation in customs operations.
Amendment 224 #
Proposal for a regulation
Article 86 – paragraph 5
Article 86 – paragraph 5
5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than 3 days after the notification of their arrival or no later than 6 days after the notification of their arrival in the case of an authorised consignee as referred to in Article 116(4), point (b)90 days follwing their presentation to customs, unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extended.
Amendment 231 #
Proposal for a regulation
Article 207 – paragraph 2 – point a
Article 207 – paragraph 2 – point a
(a) the EU Customs Authority shall contribute to the operational management of the customs union, and thereby coordinate and supervise operational cooperation between customs authorities and pool and provide technical expertise and provide guidance in best practices to increase efficiency and delivery of results;
Amendment 233 #
Proposal for a regulation
Article 207 – paragraph 2 – point d a (new)
Article 207 – paragraph 2 – point d a (new)
(d a) The EU Customs Authority shall contribute to the mission of customs authorities to support legitimate business activity, by maintaining a proper balance between customs controls, the facilitation of legitimate trade and the simplification of customs processes and procedures by:(i) performing robust risk analysis enabled by the EU Customs Data Hub capabilities, including artificial intelligence as defined in Article 29 (1) (f); and(ii) providing trusted traders with access to real-time risk analysis data made available through the EU Customs Data Hub and categorized with a color code, as follows:- Green for “shipment not at risk” as defined in Article 5(64a new);- Yellow for “shipment at risk to be assessed before release in the internal market”, as defined in Article 5 (64 b new);- Red for “incompliant shipment” to be denied for pick up at origin as defined in Article 5 (64 c new). The color codes provision shall be detailed by way of an implementing act.(iii) avoiding duplication of data requirements on economic operators,(iv) minimizing the administrative burden and responsibilities of legitimate operators established in the Union with regards to data reporting, including through measures providing for the direct submission of non-financial data requirements by importers and exporters at origin; and(v) submitting on a yearly basis a series of recommendations to improve customs facilitation and to ensure a fair and balanced level of liability for trusted traders.
Amendment 235 #
Proposal for a regulation
Article 208 – paragraph 3 – point g b (new)
Article 208 – paragraph 3 – point g b (new)
(g b) ensure the emission of simplified guidelines and manuals for SMEs and support their familiarisation with customs legislation and formalities and ensure that no unnecessary burdens on SMEs are added in the EU legislative process;
Amendment 237 #
Proposal for a regulation
Article 211 – paragraph 1 – point d a (new)
Article 211 – paragraph 1 – point d a (new)
(d a) a Customs Advisory Board who shall exercise the functions set out in Article 221 a(new)
Amendment 242 #
Proposal for a regulation
Article 212 – paragraph 2
Article 212 – paragraph 2
2. The Management Board shall also include onetwo members designated by the European Parliament, without the right to vote.
Amendment 245 #
Proposal for a regulation
Article 212 – paragraph 5 a (new)
Article 212 – paragraph 5 a (new)
5 a. The Customs Advisory Board referred to in Article 211- (e) ( new) shall appoint four of its members to participate with observer status in the Management Board. They shall represent, as broadly as possible, the different views represented in the Advisory Body. The initial term of office shall be 48 months and shall be extendable.
Amendment 246 #
Proposal for a regulation
Article 214 – paragraph 4
Article 214 – paragraph 4
4. The Management Board mayshall invite any person whose opinion may be of interest to attend its meetings as an observer., namely representatives designated to the Customs Advisory Board as defined in Article Article 215 – paragraph 1 – point v a (new)
Amendment 250 #
Proposal for a regulation
Article 215 – paragraph 1 – point v a (new)
Article 215 – paragraph 1 – point v a (new)
(v a) Participation of Third Counties Representtaives as observers in the Customs Advisory Board may be possible when conditions for such participation are established in EU Agreemnts and when reciprocity is met.
Amendment 251 #
Proposal for a regulation
Article 216 – paragraph 2 a (new)
Article 216 – paragraph 2 a (new)
2 a. The decision referred to in Article 215(1), points (b), (c), (d), (f), (j), (m), (o) and (s) may only be taken if the representatives of the European Parliament cast a positive vote.
Amendment 252 #
Proposal for a regulation
Article 221 – paragraph 1 a (new)
Article 221 – paragraph 1 a (new)
The Customs Advisory Board Article 221a Customs Advisory Board 1.A Customs Advisory Board is established to assist the Executive Board and the EU Customs Autority. 2.The Customs Advisory Board is tasked to: (a) give input on the customs dimensions of other legislation; (b) send early warnings in case they have a substantiated concern to suspect that that a certain goods imported in the EU products is likely to infringe customs legislation or other legislation. 3.The Customs Advisory Board (CAB) shall be composed of at least seven representatives of civil society organisations, including at least one-pan European consumer organisation, two employers and two employee's federation, a pan-European trade union and at least one SMEs employer's organization.The CAB adopts its rules of procedure 6 months after the appointment of its members.The Commission will ensure the secretariat.The CAB takes its decisions on a consensual basis.The mandate of the members shall be 4 years and shall be renewable. 4.The Customs Advisory Board shall hold at least one ordinary meeting every six months.In addition, it shall meet at the request of the EU Customs Authority or Executive Board. 5.The Customs Advisory Board shall exchange information in-between the ordinary meeting. 6. Domestic Advisory Groups (DAG) established under FTAs shall provide input relevant for early warnings on illegal trade or other risks of circumvention of existing EU legislation. The information by DAGs may be provided up to two weeks prior to the ordinary meeting of the CAB through the specific platform in the data hub.
Amendment 253 #
Proposal for a regulation
Article 247 – paragraph 1
Article 247 – paragraph 1
1. 1. Whenre the person responsible for an act or an omission which has resultinged in a customs infringement referred to in Article 252 provides the evidence that that person acted in good faith, it is taken into account in determining the sanction referred to in Article 254within the meaning of Article 252 proves that he acted in good faith good faith, this shall be taken into account when determining the penalty referred to in Article 254. referred to in Article 254. Priority shall be given to improving the company's processes in partnership in order to prevent errors before any sanction is imposed. (2) When reducing the sanction to be imposed for the customs offence, the following circumstances the following circumstances shall be taken into account: (a) the goods in question are not subject to the other legislation applied by the customs authorities applied by the customs authorities; (b) the customs offence does not have a significant impact on the determination of the amount of amount of customs duties and other charges to be paid; (c) the person responsible for the infringement co- operates effectively with with the customs authority; (d) the previous experience with the economic operator; (e) the complexity of the underlying transaction, the number of similar transactions; (f) the clarity of the provisions to be complied with; (g) the rectification of incomplete or erroneous information by subsequent data transmission.
Amendment 255 #
Proposal for a regulation
Article 254 – paragraph 1 – introductory part
Article 254 – paragraph 1 – introductory part
Non-criminal sanctions shall only be imposed if deemed necessary after considering all circumstances. Priority must be given to preventing future errors. Where sanctions to customs infringements referred to in Article 252 are applied, they shall take at least one or several of the following forms, while ensuring that sanctions are effective, proportionate and dissuasive and taking into account extenuating and mitigating circumstances referred to in Article 247 and aggravating circumstances referred to in Article 248:
Amendment 256 #
Proposal for a regulation
Article 254 – paragraph 1 – point a – point i – point 1
Article 254 – paragraph 1 – point a – point i – point 1
(1) where the customs(1) For an infringement has been committed "intentionally," — defined as an act undertaken with knowledge and deliberate intent to evade customs duties — the pecuniary charge shall comprise an amount equal to between 100% and 200% of the de facto amount of customs duties and other charges eluded;.
Amendment 257 #
Proposal for a regulation
Article 254 – paragraph 1 – point a – point i – point 2
Article 254 – paragraph 1 – point a – point i – point 2
(2) (2) in other cases, the pecuniary charge shall comprise an amount equal to between 310% and 1020% of the actual amount of customs duties and other charges eluded; (ii) where it is not possible to calculate the pecuniary charge in accordance with point (i), the pecuniary charge shall be calculated based on the customs value of the goods, as follows:
Amendment 258 #
Proposal for a regulation
Article 254 – paragraph 1 – point a – point ii – point 1
Article 254 – paragraph 1 – point a – point ii – point 1
(1) where the customs infringement has been committed intentionally, the pecuniary charge shall comprise an amount equal to between 100% and 200% of the actual amount of the customs value of the goods;
Amendment 259 #
Proposal for a regulation
Article 254 – paragraph 1 – point a – point ii – point 2
Article 254 – paragraph 1 – point a – point ii – point 2
(2) in other cases, the pecuniary charge shall comprise an amount equal to between 30% and 100% of the actual amount of the customs value of the goods;
Amendment 260 #
Proposal for a regulation
Article 254 – paragraph 1 – point a – point iii
Article 254 – paragraph 1 – point a – point iii
(iii) where the customs infringement is not related to specific goods, the pecuniary charge shall comprise an amount equal to between EUR 150 and EUR 150 20.000;
Amendment 263 #
Proposal for a regulation
Article 256 – paragraph 4
Article 256 – paragraph 4
4. The Commission shall verify the report and transmit it afterwards to the Member StatesEuropean Parliament and Council for information.
Amendment 265 #
Proposal for a regulation
Article 265 – paragraph 1
Article 265 – paragraph 1
1. Articles 205 to 237 shall apply from 1 January 20286.
Amendment 266 #
Proposal for a regulation
Article 265 – paragraph 2 – introductory part
Article 265 – paragraph 2 – introductory part
2. The following provisions shall apply from 1 March 20286:
Amendment 267 #
Proposal for a regulation
Article 265 – paragraph 3
Article 265 – paragraph 3
3. The functionalities of the EU Customs Data Hub laid down in Article 29 shall be fully operational by 31 December 20327.
Amendment 268 #
Proposal for a regulation
Article 265 – paragraph 4
Article 265 – paragraph 4
4. Economic operators may start fulfilling their reporting obligations under this Regulation by using the EU Customs Data Hub from 1 March 20328.
Amendment 269 #
Proposal for a regulation
Article 265 – paragraph 5
Article 265 – paragraph 5
5. The customs authorities shall reassess the authorisations granted pursuant to Regulation (EU) No 952/2013 from 1 January 20352 to 31 December 20375.
Amendment 270 #
Proposal for a regulation
Article 265 – paragraph 6
Article 265 – paragraph 6
6. Before 31 December 20276, the Commission shall present a report to the European Parliament and to the Council providing an assessment of centralised clearance referred to in Article 72. If appropriate, the Commission may present a legislative proposal with a view to ensuring a fair distribution of the rights and obligations of the Member States in connection with the assessment of and liability for the customs debt at import.
Amendment 271 #
Proposal for a regulation
Article 265 – paragraph 7 – introductory part
Article 265 – paragraph 7 – introductory part
7. By 31 December 20352, the Commission shall present a report to the European Parliament and to the Council to assess, in particular: