40 Amendments of Svenja HAHN related to 2023/0156(COD)
Amendment 124 #
Proposal for a regulation
Recital 3
Recital 3
(3) It is appropriate that customs legislation takes account of the rapid development of EU legislations impacting the role of customs, as well as global trade patterns, technology, business models and the needs of stakeholders, including citizens and companies. Therefore, a great number of amendments are required to be made to Regulation (EU) No 952/2013. In the interests of clarity, that Regulation should be repealed and replaced.
Amendment 126 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to provide for effective means of achieving the objectives of the customs union, a number of rules and procedures regulating how goods are brought into or taken out of the customs territory of the Union should be revised and simplified. A modern, integrated set of interoperable electronic services should be provided in line with GDPR and the Data Protection Regulation (EUDPR) for collecting, processing and exchanging information relevant for implementing customs legislation (European Union Customs Data Hub, ‘EU Customs Data Hub’). A European Union Customs Authority (‘EU Customs Authority’) should be established as a central, operational capacity for the coordinated governance of the customs union in specific areas.
Amendment 128 #
Proposal for a regulation
Recital 8
Recital 8
(8) Beyond their traditional role of collecting customs duties, VAT and excise and applying customs legislation, customs authorities also play a critical role in enforcing other Union and, where applicable, other national legislation on customs matters. A definition of this ‘other legislation applied by the customs authorities’ should be introduced in order to build an effective framework for regulating the application and supervision of these particular requirements on goods and should be regularly updated to include the most recent pieces of legislation impacting EU customs. Such prohibitions and restrictions can be justified on grounds of, inter alia, economic coercion, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash. The notion of other legislation applied by the customs authorities should also include commercial policy measures and fishery conservation and management measures, as well as restrictive measures adopted on the basis of Article 215 TFEU.
Amendment 129 #
Proposal for a regulation
Recital 13
Recital 13
(13) The rights and obligation of the persons having responsibility over the goods entering into and exiting from the customs territory of the Union should be more clearly defined, including for transparency on prices vis-à-vis consumers . The first obligation for persons having regular customs operations should continue to be registered with the customs authorities responsible for the place where they are established. A single registration should be valid for the whole customs union but should be up to date. Economic operators should therefore have the obligation to inform the customs authorities about any change in their registration data. The persons having responsibility over the goods entering and exiting from the customs territory of the Union are liable for any risks presented by the goods for the safety and security of citizens, as well as any risks to human, animal or plant health and life, the environment or consumers. The obligations of the importer should also be defined, in particular the obligation to be established in the customs territory of the Union and the exceptions to that obligation. These should follow the existing rules for the declarant to be established in the Union. Similarly, the obligations of the exporter should be defined.
Amendment 132 #
Proposal for a regulation
Recital 16
Recital 16
(16) The changes in the customs processes and the way of operating the customs authorities requires a new partnership with economic operators, that is the Trust and Check traders scheme. The criteria and conditions to become a Trust and Check trader should build on the AEO criteria but should also ensure that the trader is considered transparent for the customs authorities. It is therefore appropriate to require Trust and Check operators to grant the customs authorities access to their electronic systems keeping record of their compliance and the movement of their goods. The transparency should be accompanied by certain benefits, notably the possibility to release the goods on behalf of customs without the necessity for their active intervention, except where a pre-release approval is required by other legislation applied by the customs authorities and to defer the payment of the customs debt. As this mode of working should progressively replace the one based on customs declarations, it is appropriate to establish the customs authorities’ obligation to reassess the existing authorisations for AEO for customs simplifications until the end of the transition periodprocess for AEO to become Trust and Check operators until the end of the transition period, and to introduce dedicated guidelines for SMEs.
Amendment 133 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure a uniform level of digitalisation and to create a level playing field for economic operators in all Member States, an EU Customs Data Hub should be established as a set of centralised, secure and cyber-resilient electronic services and systems for customs purposes. The EU Customs Data Hub should ensure the quality, integrity, traceability and non-repudiation of data processed therein, so neither sender nor recipient can later dispute the existence of the exchange of data. The EU Customs Data Hub and should comply with the relevant regulations for the processing of personal data and cybersecurity including GDPR and the Data Protection Regulation (EUDPR) . The Commission and the Member States should jointly design the EU Customs Data Hub. The Commission should also be tasked with governing, implementing and maintaining the EU Customs Data Hub, which may delegate to another Union body. To safeguard against potential trade interruptions during extensive failures of centralized electronic systems, it should be imperative for the Commission and the EU Customs agency to engage in cooperative efforts with Member States so that the European Customs Data Space integrates solutions ensuring a high level of cybersecurity to prevent as much as possible attacks that could disrupt customs and non-customs systems. This aims to protect the security of trade and avoid any damage to the Union economy. Cybersecurity standards should be designed to evolve in parallel with regulatory requirements for network and information systems security. In the development, operation and maintenance of the EU Single Window for Customs, the Commission and Member States should comply with the appropriate guidelines published by the European Union Agency for Cybersecurity (ENISA).
Amendment 136 #
Proposal for a regulation
Recital 31
Recital 31
(31) A Union-level customs risk management layer is fundamental for ensuring a harmonised application of customs controls in Member States and to allow the proper enforcement of European legislations creating new tasks for customs . There is currently a common risk management framework comprising the possibility of identifying common priority controls areas and common risk criteria and standards in the financial risk arena for carrying out customs controls, but it has significant shortcomings. In order to address the lack of harmonised application of customs controls and of harmonised risk management harming the financial and non-financial interests of the Union and of the Member States, it is appropriate to revise the rules to establish a more solid risk management approach addressing both financial and non-financial risks. This includes tackling the structural challenges on the risk management of financial risks identified by the European Court of Auditors. In particular, it is appropriate to describe which activities are comprised in customs risk management, in a cyclical approach. It is also important to identify the roles and responsibilities of the Commission, the EU Customs Authority and the customs authorities of the Member States. It is also essential to provide that the Commission may establish common priority controls areas and common risk criteria and standards, and may identify specific areas in the domain of other legislation applied by the customs authorities that deserve priority for common risk management and controls, without compromising security.
Amendment 141 #
Proposal for a regulation
Recital 55
Recital 55
(55) Criteria to be taken into account in order to contribute to the decision making process for choosing the EU Customs Authority seat should be the assurance that Authority can be set up on site upon the entry into force of this Regulation, the accessibility of the location and the existence of adequate education facilities for the children of staff members as well as appropriate access to the labour market, social security and medical care for both children and spouses of staff members. In view of the cooperative nature of most of the EU Customs Authority activities, and in particular the close connection that will exist between the IT systems that the Commission will maintain during the transitional period, while the EU Customs authority will build and operate the EU Customs Data Hub, it should be in a well- connected place that allows such close cooperation with the Commission, the authorities of the Union regions most relevant for international trade, and relevant Union and international bodies (for example the World Customs Organisation for facilitating practical cross fertilisation on specific subjects). Considering these criteria, the EU Customs Authority should be located at […].
Amendment 143 #
Proposal for a regulation
Recital 56
Recital 56
(56) The Member States and, the Commission and the European Parliament 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 and an advisory body comprising representatives from consumer organizations and business associations.
Amendment 147 #
Proposal for a regulation
Recital 61
Recital 61
(61) Despite the fact that customs legislation is harmonised through the Code, Regulation (EU) No 952/2013 only included the obligation for Member States to provide for penalties for failure to comply with the customs legislation and required such penalties to be effective, proportionate and dissuasive. Member States have, therefore, the choice of customs penalties, which vary greatly across Member States and are subject to evolution over time. A common framework establishing a minimum core of customs infringements and of non-criminal sanctions should be laid down. Such framework is necessary to address the lack of uniform application and the significant divergences between Member States in the application of sanctions against breaches of customs legislation that can lead to a distortion of competition, loopholes and ‘customs shopping’. The framework should be composed of a common list of acts or omissions that should constitute customs infringements in all Member States. In determining the sanction applicable, customs authorities should define if these acts or omissions are committed intentionally or by obvious negligence. The European Commission should constantly assess whether the sanctions applied by Member States are a sufficient incentive to reach the objectives of this Union Customs Code and adjust its actions in line with its findings.
Amendment 149 #
Proposal for a regulation
Recital 65
Recital 65
(65) (65) The performance of the customs union should be evaluated at least on an annual basisCommission should at least annually evaluate the performance of the customs union to allow the Commission, with the help of the Member States, to tmake the appropriate policy orientationchanges. The collection of information from customs authorities should be formalised and deepened, as more comprehensive reporting would improve benchmarking and could help to homogenise practices and assess the impact of customs policy decisions. It is, therefore, appropriate to introduce a legal framework for the evaluation of the performance of the customs union. To allow sufficient granularity of analysis, the performance measurement should be done not only at national level but also at border crossing point level. The EU Customs Authority should support the Commission in the evaluation process by gathering and analysing the data in the EU Customs Data Hub and identifying how customs activities and operations support the achievement of the strategic objectives and priorities of the customs union and contribute to the mission of customs authorities. In particular, the EU Customs Authority should identify key trends, strengths, weaknesses, gaps, and potential risks, and provide recommendations for improvement to the Commission. In the context of cooperation with law enforcement and security authorities in particular, the EU Customs Authority should also participate, from the operational perspective, in strategic analyses and threat assessments conducted at Union level, including those carried out by Europol and Frontex.
Amendment 151 #
Proposal for a regulation
Recital 71
Recital 71
(71) In duly justified cases, where imperative grounds of urgency so require, the Commission should adopt immediately applicable implementing acts relating to: measures to ensure uniform application of customs controls, including the exchange of risk information and analysis, common risk criteria and standards, control measures and common priority control areas; decisions on an application by a Member State for the authorisation on entering into negotiations with a third country with a view to concluding a bilateral agreement or arrangement on exchange of information; measures to determine the tariff classification of goods; measures to determine the origin of specific goods; measures establishing the appropriate method of customs valuation or criteria to be used for determining the customs value of goods in specific situations; measures temporarily prohibiting the use of comprehensive guarantees; the identification of a crisis situation and the adoption of the appropriate to address it or to mitigate its negative effects; decisions to empower a Member State to negotiate and conclude a bilateral agreement with a third country on exchange of information. Commons risks criteria should cover notably economic coercion, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash.
Amendment 158 #
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) protecting the Union from unfair, non-compliant and illegal trade, including counterfeit, through a close monitoring of economic operators and supply chains and a minimum core of customs infringements and penalties;
Amendment 161 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) supportensuring legitimate business activity, by maintaining a proper balance between customs controls and facilitation of legitimate trade and simplifying customs processes and procedures.
Amendment 163 #
Proposal for a regulation
Article 5 – paragraph 1 – point 13
Article 5 – paragraph 1 – point 13
(13) ‘deemed importer’ means any person involved in the distance sales of goods to be imported from third countries into the customs territory of the Union who iincluding persons authorised to use the special scheme laid down in Title XII, Chapter 6, Section 4 of Directive 2006/112/EC;
Amendment 164 #
Proposal for a regulation
Article 5 – paragraph 1 – point 18 – point b
Article 5 – paragraph 1 – point 18 – point b
(b) pose a threat to the security and safety of the Union and its citizens and residents, including their health ; or
Amendment 165 #
Proposal for a regulation
Article 5 – paragraph 1 – point 18 – point c
Article 5 – paragraph 1 – point 18 – point c
(c) prevent the correct applicationenforcement of Union or national measures;
Amendment 167 #
Proposal for a regulation
Article 5 – paragraph 1 – point 57
Article 5 – paragraph 1 – point 57
(57) ‘customs debt’ means the obligation on a person to pay the amount of import or export duty and any other charges which applies to specific goods under the customs legislation in force;
Amendment 168 #
Proposal for a regulation
Article 5 – paragraph 1 – point 64
Article 5 – paragraph 1 – point 64
(64) ‘crisis’ means an event or a situation taking place inside or outside the Union, that suddenly endangers the safety, the security, the health and life of the citizens, economic operators and personnel of customs authorities and requires urgent measures as regards the entry, exit or transit of goods.
Amendment 177 #
Proposal for a regulation
Article 23 – paragraph 7
Article 23 – paragraph 7
7. The customs authorities shall grant benefits resulting from the status of authorised economic operator to persons established in third countries, who fulfil conditions and comply with obligations defined by the relevant legislation of those countries or territories, insofar as those conditions and obligations are recognised by the Union as equivalent to those imposed on authorised economic operators established in the customs territory of the Union. Such a granting of benefits shall be based on the principle of reciprocity unless otherwise decided by the Union, and shall be supported by an international agreement of the Union, or partnerships, or Union legislation in the area of the common commercial policy.
Amendment 186 #
Proposal for a regulation
Article 25 – paragraph 6 – subparagraph 1
Article 25 – paragraph 6 – subparagraph 1
Where a Trust and Check trader is suspected of involvement in fraudulent activity in relation to its economic or business activity, or of releasing non- compliant goods in the customs territory, its status shall be suspended.
Amendment 187 #
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. The Trust and Check traders shall enjoy more facilitations than other economic operators in respect of customs controls according to the authorisation granted, including fewer physical and document-based controls. The status of Trust and Check trader shall be taken into account favourably for customs risk management purposes. The European customs authority ensures effective collaboration and coordination between the competent authorities of the Member States. It also ensures the consistent implementation of customs advantages linked to the status of Authorized Economic Operator and Trust & Check throughout the customs union.
Amendment 188 #
Proposal for a regulation
Article 25 – paragraph 8 a (new)
Article 25 – paragraph 8 a (new)
8 a. Clear guidelines must be available for small and medium-sized businesses so that they can meet the criteria set out in paragraph 3.
Amendment 189 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Until the date established in Article 265(4), tThe customs authorities mayshall grant persons meeting the criteria the status of authorised economic operator for customs simplifications and authorise them to benefit from certain simplifications and facilitations in accordance with the customs legislation during the phase out of the current system. Dedicated guidelines should be put in place for SMEs.
Amendment 198 #
Proposal for a regulation
Article 29 – paragraph 5 – subparagraph 1 – point b a (new)
Article 29 – paragraph 5 – subparagraph 1 – point b a (new)
(b a) Cybersecurity standards for the protection of information networks of the EU Customs Data Platform must be in accordance with the appropriate guidelines issued by the European Union Agency for Cybersecurity (ENISA).
Amendment 204 #
Proposal for a regulation
Article 31 – paragraph 1 – introductory part
Article 31 – paragraph 1 – introductory part
1. Persons may have access to the data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, that was transmitted by or on behalf of that person, or that has been addressed to or intended for that person. Such access shall take place exclusively in line with GDPR and the Data Protection Regulation (EUDPR) to:
Amendment 205 #
Proposal for a regulation
Article 31 – paragraph 3 – introductory part
Article 31 – paragraph 3 – introductory part
3. The EU Customs Authority may process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub exclusively and to the extent necessary for the following purposes:
Amendment 208 #
Proposal for a regulation
Article 31 – paragraph 4 – introductory part
Article 31 – paragraph 4 – introductory part
4. The Commission may process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub exclusively and to the extent necessary for the following purposes:
Amendment 209 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The European Anti-Fraud Office (‘OLAF’) may process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively and to the extent necessary for carrying out its activities concerning customs matters pursuant to Article 1 of Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council, and Council Regulation (EC) No 515/97, under the conditions relating to data protection laid down in the aforementioned Regulations.
Amendment 210 #
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
6. The European Public Prosecutor’s Office (‘EPPO’) may, upon request, access data, access and process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively and to the extent necessary for carrying out its tasks pursuant to Article 4 of Council Regulation (EU) 2017/193966 , insofar as the conduct investigated by EPPO concerns customs and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article. _________________ 66 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
Amendment 211 #
Proposal for a regulation
Article 31 – paragraph 10
Article 31 – paragraph 10
10. The European Union Agency for Law Enforcement Cooperation (Europol) may, upon request, access data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively and to the extent necessary to perform its tasks in accordance with Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council as long as those tasks concern customs-related matters and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article.
Amendment 215 #
Proposal for a regulation
Article 31 – paragraph 12
Article 31 – paragraph 12
12. Until the date set out in Article 265(3), the Commission, OLAF and the EU Customs Authority once it is established shall, exclusively for the purposes stated in paragraphs 4, 5 and 6, be able to process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal data, from the existing electronic systems for the exchange of information developed by the Commission pursuant to Regulation (EU) No 952/2013.
Amendment 219 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. The Commission mayshall establish common priority control areas and common risk criteria and standards for any type of risk, including but not limited to risks relating to financial interests.
Amendment 223 #
Proposal for a regulation
Article 80 – paragraph 2
Article 80 – paragraph 2
2. The advance cargo information shall include at least the importer responsible for the goods, the unique reference for the consignment, the consignor, the consignee, a description of the goods, the tariff classification, the value, the data on the route, including the final destination, and the nature and identification of the means of transport bringing the goods and the transportation cost. The advance cargo information shall be provided before the goods arrive to the customs territory of the Union.
Amendment 240 #
Proposal for a regulation
Article 212 – paragraph 1
Article 212 – paragraph 1
1. The Management Board shall be composed of one representative from each Member State and, two representatives of the Commission, and one member designated by the European Parliament, all with voting rights.
Amendment 241 #
Proposal for a regulation
Article 212 – paragraph 2
Article 212 – paragraph 2
Amendment 243 #
Proposal for a regulation
Article 212 – paragraph 5
Article 212 – paragraph 5
5. The term of office for members and their alternates shall be 4 years. That term shall be extendable one time.
Amendment 254 #
Proposal for a regulation
Article 253 – paragraph 1
Article 253 – paragraph 1
1. Without prejudice to the sanctions laid down in Article 254, Member States may provide for additional sanctions for customs infringements referred to in Article 252 and for all measures necessary to ensure that such sanctions are implemented. Such sanctions shall be effective, proportionate and dissuasive. The Commission, Member States and the EU Customs Authority sahll exchange best practices and methodologies to improve the effectiveness of the sanctions. The Commission shall assess whether the santions as applied by Member States are sufficient to achieve its objectives.
Amendment 262 #
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 States and the European Parliament for information.
Amendment 264 #
Proposal for a regulation
Article 258 – paragraph 1 – subparagraph 2 – point b a (new)
Article 258 – paragraph 1 – subparagraph 2 – point b a (new)
(b a) An assessment of the feasibility of Trust & Check status for small and medium-sized enterprises (SMEs), including, where appropriate, an analysis of the implications for appropriate certification criteria ;