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Activities of Catharina RINZEMA related to 2023/0156(COD)

Shadow reports (1)

REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013
2024/02/28
Committee: IMCO
Dossiers: 2023/0156(COD)
Documents: PDF(834 KB) DOC(383 KB)
Authors: [{'name': 'Deirdre CLUNE', 'mepid': 124988}]

Amendments (25)

Amendment 136 #
Proposal for a regulation
Recital 5
(5) Since the adoption of Regulation (EU) No 952/2013, the role of customs authorities has evolved to increasingly cover the application of Union and national legislation laying down requirements on goods subject to customs supervision, in particular the non-financial requirements on goods that are necessary for these goods to enter and circulate in the internal market. Such non-financial tasks have increased exponentially over the years in line with growing expectations of Union businesses and citizens regarding safety, security, accessibility for persons with disabilities, sustainability, human, animal and plant health and life, the environment, the protection of human rights and Union values. New tools, such as the Digital Product Passport, are to be introduced to ensure that other legislation applied by the customs authorities related to products continues to respond to these expectations. It is therefore necessary to reflect the increasing number and complexity of non- financial risks by including in the mission of customs authorities a specific reference to protecting all these public interests and, where applicable, national legislation, in close cooperation with other authorities. It is equally important to note that a significant volume of goods processed in major harbors and airports are being transshipped, coming from and destined for other continents without entering the EU market.Such goods do not need to comply with the same EU safety and product standards required for goods entering the internal market.
2023/11/17
Committee: IMCO
Amendment 164 #
Proposal for a regulation
Recital 32
(32) It is therefore appropriate to introduce Union-level risk management activities and provisions to ensure the collection at Union level of comprehensive data relevant for risk management including results and evaluation of all controls. It provides for common risk analysis and the issue of corresponding Union control recommendations to customs authorities. Those control recommendations should be implemented, or reasons provided as to why they were not applied. In line with the principle of 'comply or explain', these control recommendations should be implemented, or compelling reasons provided for not applying them.A framework should be established to give certainty on situations where it is permissible to deviate from these recommendations, for instance, when other pressing priorities or specific national circumstances prevail. The possibility to issue an instruction that goods destined for the Union may not be loaded or transported should also be provided for. The analysis of Union-level risks and threats should be based on constantly updated Union-level data and should identify the measures and controls to be performed at the border crossing points of entry and exit of the Union territory. In the context of cooperation with law enforcement and security authorities in particular, Union- level risk management should, where possible, contribute to and benefit from strategic analyses and threat assessments conducted at Union level, including those carried out by the European Union Agency for Law Enforcement Cooperation (Europol) and the European Border and Coast Guard Agency (Frontex) to contribute to the efficient and effective prevention of, and the fight against, crime.
2023/11/17
Committee: IMCO
Amendment 173 #
Proposal for a regulation
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. Additionally, it is essential to recognize that the intensity of external border traffic of goods is not equal across the EU. Therefore, the governance structure of the EU Customs Authority should reflect this reality, ensuring that the varying needs and challenges faced by different Member States are adequately represented and addressed. 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.
2023/11/17
Committee: IMCO
Amendment 179 #
Proposal for a regulation
Recital 60
(60) In an increasingly connected world, customs diplomacy and international cooperation are important aspects in the work of customs authorities around the world. International cooperation should envisage the possibility of exchange of customs data, on the basis of international agreements or autonomous legislation of the Union, through appropriate and secure means of communication, subject to the respect of confidential information and the protection of personal data, such as through the EU Customs Data Hub. It is, however, essential to recognize that while fostering international cooperation and data exchange, careful consideration must be given to the competencies of Member States. This approach should not restrict Member States' ability to individually negotiate and decide on matters pertaining to national (non-EU) tasks with third countries. Such flexibility is crucial to uphold the sovereignty of Member States in implementing both EU and national customs legislation. Therefore, while advancing international cooperation and data sharing, the framework must ensure that it does not infringe upon the competence of Member States to manage their customs affairs, particularly when it concerns bilateral or multilateral engagements with third countries on national tasks. This balance is vital to maintain the integrity of Member States' sovereignty while working towards a cohesive and effective Union- wide customs strategy.
2023/11/17
Committee: IMCO
Amendment 182 #
Proposal for a regulation
Recital 64
(64) It is also necessary to establish a common minimum core of non-criminal sanctions providing for minimum amounts of pecuniary charges, the possibility of revocation, suspension or amendment of customs authorisations, including for Authorised Economic Operators and Trust and Check traders, as well as the confiscation of the goods. The minimum amounts of pecuniary charges should depend on whether the customs infringement has been committed intentionally or not and whether or not it has an impact on the amount of customs duties and other charges and on prohibitions or restrictions. This minimum common core of non-criminal sanctions should apply without prejudice to the national legal order of Member States, which can instead provide for criminal sanctions.deleted
2023/11/17
Committee: IMCO
Amendment 186 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
(b) ensuring that goods that are destined for circulation in the internal market but presenting a risk for the safety or the security of citizens and residents do not enter the customs territory of the Union, by putting in place the appropriate measures for controls of goods and supply chains;
2023/11/17
Committee: IMCO
Amendment 220 #
Proposal for a regulation
Article 19 – paragraph 1
1. Economic operators established in the customs territory of the Union shall register with the customs authorities responsible for the place where they are established in order to obtain an Economic Operator Registration and Identification (EORI) number. Where possible, that registration shall also include the electronic identification of the operator in the national electronic identification schemes referred to in Regulation (EU) No 910/2014. Economic operators that trade regularly with third countries can opt for a place of establishment for customs purposes.
2023/11/17
Committee: IMCO
Amendment 232 #
Proposal for a regulation
Article 25 – paragraph 3 – point a
(a) the absence of any serious infringement or repeated infringements of customs legislation and taxation rules and no record of serious criminal offences; the infringements and offences to be considered are those relating to economic or business activities;deleted
2023/11/17
Committee: IMCO
Amendment 233 #
Proposal for a regulation
Article 25 – paragraph 3 – point a a (new)
(a a) a) the criteria for the granting of the status of authorised economic operator b) in addition to article 24 -paragraph 1 (c) -in particular, during the last 3 years preceding the submission of the application, the applicant shal lhave fulfilled his financial obligations regarding payments of customs duties and all other duties, taxes or charges which are collected on or in connection with the import or export of goods, including on VAT and excise duties due in relation to intra-Union operations; c) in addition to article 24 -paragraph 1 (d), including that relevant employees are instructed on how to interact with customs authorities through the EU Customs Data Hub;
2023/11/17
Committee: IMCO
Amendment 235 #
Proposal for a regulation
Article 25 – paragraph 3 – point b
(b) the demonstration by the applicant of a high level of control of his or her operations and of the flow of goods, by means of a system of managing commercial and transport records, which allows appropriate customs controls and evidence that non-compliance has been effectively remedied;the applicant shall ensure that relevant employees inform the customs authorities whenever compliance difficulties are discovered and establishes procedures for informing the customs authorities of such difficulties;deleted
2023/11/17
Committee: IMCO
Amendment 236 #
Proposal for a regulation
Article 25 – paragraph 3 – point c
(c) financial solvency, which shall be deemed to be proven where the applicant has good financial standing, which enables him or her to fulfil his or her commitments, with due regard to the characteristics of the type of business activity concerned. In particular, during the last 3 years preceding the submission of the application, the applicant shall have fulfilled his financial obligations regarding payments of customs duties and all other duties, taxes or charges which are collected on or in connection with the import or export of goods, including on VAT and excise duties due in relation to intra-Union operations;deleted
2023/11/17
Committee: IMCO
Amendment 238 #
Proposal for a regulation
Article 25 – paragraph 3 – point d
(d) practical standards of competence or professional qualifications directly related to the type and size of activity carried out, including that relevant employees are instructed on how to interact with customs authorities through the EU Customs Data Hub;deleted
2023/11/17
Committee: IMCO
Amendment 239 #
Proposal for a regulation
Article 25 – paragraph 3 – point e
(e) appropriate security, safety and compliance standards, adapted to the type and size of the activity carried out.The standards shall be considered as fulfilled where the applicant demonstrates that he or she maintains appropriate measures to ensure the security and safety of the international supply chain, including in the areas of physical integrity and access controls, logistical processes and handling of specific types of goods, personnel and identification of his or her business partners;deleted
2023/11/17
Committee: IMCO
Amendment 245 #
Proposal for a regulation
Article 25 – paragraph 3 – point f – introductory part
(f) having an electronic system providing or making available to the customs authorities real-timeall data on the movement of the goods and the compliance of the person referred to in paragraph 1 with all requirements applicable on those goods, including relating to safety and security and including where relevant sharing in the EU Customs Data Hub:
2023/11/17
Committee: IMCO
Amendment 261 #
Proposal for a regulation
Article 26
Article 26 Transitional provisions for authorised economic operators for customs simplifications 1. Until the date established in Article 265(4), the customs authorities may 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. 2. By the date established in Article 265(3), the customs authorities shall assess the valid authorised economic operators’ authorisations for customs simplifications to check whether their holders may be granted the status of Trust and Check traders. If they may not, the status of authorised economic operators for customs simplifications and the simplifications referred to in Article 23(5) shall be revoked. 3. Until the authorisation is reassessed or until the date established in Article 265(3), whichever is the earlier, the recognition of status of authorized economic operator for customs simplifications shall remain valid, unless Articles 9 and 10 on annulment, revocation or amendment of decisions apply.deleted
2023/11/17
Committee: IMCO
Amendment 317 #
Proposal for a regulation
Article 51 – paragraph 6 – point h
(h) provide a justification to the EU Customs Authority in the event that a control recommendation was not executed. The criteria that need to be met for this paragraph will be set out in a delegated act.
2023/11/17
Committee: IMCO
Amendment 334 #
Proposal for a regulation
Article 60 – paragraph 6 – introductory part
6. Without prejudice to the relevant other legislation applied by the customs authorities, the customs authorities shall be deemed to have released the goods where they have not selected them for any control within a reasonable period of timas soon as possible after:
2023/11/17
Committee: IMCO
Amendment 347 #
Proposal for a regulation
Article 86 – paragraph 5
5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than 390 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), unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extended.
2023/11/17
Committee: IMCO
Amendment 375 #
Proposal for a regulation
Article 206 – paragraph 1
The Member State hostingthe seat of the EU Customs Authority shall be […]meet the following criteria: a. Excellent quality of IT facilities in terms of both maturity and continuity; b.Availability in proximity of high quality staff, expertise and education; c. Available facilities in the surroundings for adequate consulting.
2023/11/17
Committee: IMCO
Amendment 386 #
Proposal for a regulation
Article 212 – paragraph 1
1. The Management Board shall be composed of one representative from each Member State and two representatives of the Commission, all with voting rights. The voting weight of each representative from a Member State shall be based on relative trading volumes of that Member State.
2023/11/17
Committee: IMCO
Amendment 409 #
Proposal for a regulation
Article 244 – paragraph 5
5. A Member State may be empowered in accordance with the procedures and conditions laid down in a delegated act adopted in accordance with paragraph 6 to enter into negotiations with a third country with a view to concluding a bilateral agreement on the exchange referred to in paragraph 1 or to maintain an existing agreement.Such a bilateral agreement will cease to apply upon the entry into force of an agreement providing for exchange of customs information between the Union and the third country concerned.deleted
2023/11/17
Committee: IMCO
Amendment 410 #
Proposal for a regulation
Article 244 – paragraph 6
6. The Commission is empowered to adopt a delegated act in accordance with Article 261, to supplement this Regulation by determining the conditions and procedures according to which a Member State can be empowered to enter into negotiations referred to in paragraph 5. These shall include a notification by the Member State concerned to the Commission and all other Member States of the possible content of the bilateral agreement and an assessment by the Commission of its impact on Union law and future negotiations at Union level, including whether its content is limited to implementation of Union or international law obligations. The delegated act shall also provide for the monitoring of the implementation of those agreements.
2023/11/17
Committee: IMCO
Amendment 411 #
Proposal for a regulation
Article 244 – paragraph 7
7. The Commission shall decide within 90 days from receipt of the notification, by means of an implementing act, whether to authorise the Member State to enter into the bilateral agreement. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 262(2). On imperative grounds of urgency relating to such authorisation, duly justified by the need to rapidly allow for the requested exchange of information, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 262(5).deleted
2023/11/17
Committee: IMCO
Amendment 417 #
Proposal for a regulation
Article 254 – paragraph 1 – introductory part
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 thateach Member State shall provide for sanctions that 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:
2023/11/17
Committee: IMCO
Amendment 418 #
Proposal for a regulation
Article 254 – paragraph 1 – point a
(a) a pecuniary charge by the customs authorities, including, where appropriate, a settlement applied in place of a criminal penalty and calculated on the following minimum amounts or percentages: (i) where the customs infringement has an impact on customs duties and other charges, the pecuniary charge shall be calculated based on the amount of customs duties and other charges eluded, as follows: (1) where the customs infringement has been committed intentionally, the pecuniary charge shall comprise an amount equal to between 100% and 200% of the amount of customs duties and other charges eluded; (2) in other cases, the pecuniary charge shall comprise an amount equal to between 30% and 100% of the 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: (1) where the customs infringement has been committed intentionally, the pecuniary charge shall comprise an amount equal to between 100% and 200% of the amount of the customs value of the goods; (2) in other cases, the pecuniary charge shall comprise an amount equal to between 30% and 100% of the amount of the customs value of the goods; (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 150 000;deleted
2023/11/17
Committee: IMCO