41 Amendments of Malcolm HARBOUR related to 2012/0027(COD)
Amendment 39 #
Proposal for a regulation
Recital 19
Recital 19
(19) Compliant and trustworthy economic operators who help to secure the customs clearance chain and the European Union's financial interests should, as ‘"authorised economic operators’", be able to take maximum advantage of widespread use of simplification and, taking account of security and safety aspects, benefit fromshould enjoy practical benefits including reduced levels of customs control. They may thus enjoy the status of authorised economic operator for customs simplifications or the status of authorised economic operator for security and safety. They may be granted one or other status, or both together.
Amendment 40 #
Proposal for a regulation
Article 5 - point 11
Article 5 - point 11
11. ‘declaration for temporary storage’ means the act whereby a person indicates, in the prescribed form and manner, that goods are placed oror are intended to be placed under that procedurin temporary storage;
Amendment 41 #
Proposal for a regulation
Article 5 - point 14 a (new)
Article 5 - point 14 a (new)
14a. ‘temporary storage’ means a situation in which non-Union goods are temporarily stored under customs supervision between their presentation to customs and their placement under a customs procedure;
Amendment 42 #
Proposal for a regulation
Article 5 - point 31 - point b
Article 5 - point 31 - point b
Amendment 43 #
Proposal for a regulation
Article 5 - point 31 - point c
Article 5 - point 31 - point c
Amendment 45 #
Proposal for a regulation
Article 6 - paragraph 3
Article 6 - paragraph 3
3. The Commission may adopt in duly justified cases decisions allowing one or several Member States to use, by way of derogation from paragraph 1, means of exchange and storage of data other than electronic data-processing techniques. That derogation shall not affect the developing, maintenance and employment of the electronic systems for the exchange of data referred to in paragraph 1.
Amendment 53 #
Proposal for a regulation
Article 18 - paragraph 2 - subparagraph 2
Article 18 - paragraph 2 - subparagraph 2
That obligation may be waived in certain casases where: (a) the customs representative is acting on behalf of persons which are not required to be established within the customs territory of the Union, except where otherwise provided for; or (b) there are agreements concluded with third countries under which persons established in such counties may act as customs representatives.
Amendment 54 #
3a. Paragraph 2 does not prevent Member States from applying the conditions that they have defined in accordance with the first sentence of paragraph 3 to a customs representative not established within the customs territory of the Union.
Amendment 57 #
Proposal for a regulation
Article 21 - paragraph 6 a (new)
Article 21 - paragraph 6 a (new)
6a. Holders of the status of authorised economic operator as referred to in paragraph 2 shall enjoy more favourable treatment based on the type of certificate obtained, in accordance with paragraph 2(a) and (b).
Amendment 58 #
Proposal for a regulation
Article 21 - paragraph 6 b (new)
Article 21 - paragraph 6 b (new)
6b. Applications from authorised economic operators shall be dealt with first.
Amendment 109 #
Proposal for a regulation
Article 83 - paragraph 2
Article 83 - paragraph 2
2. Where a comprehensive guarantee is to be provided for customs debts and other charges which may be incurred, aAn economic operator may be authorised to use a comprehensive guarantee with a reduced amount or to have a guarantee waiver provided that he fulfils the criteria laid down in Article 22(b) and (c)
Amendment 111 #
Proposal for a regulation
Article 91 - paragraph 2
Article 91 - paragraph 2
2. Where the customs debt is incurred as the result of an act which, at the time it was committed, was liable to give rise to criminal court proceedings, the three year period laid down in paragraph 1 shall be extended to a period of tenfive years.
Amendment 123 #
Proposal for a regulation
Article 117 - paragraph 1 a (new)
Article 117 - paragraph 1 a (new)
The competent customs office may waive the lodging of an entry summary declaration in respect of goods for which, prior to the expiry of the time-limit for lodging that declaration, a declaration for temporary storage is lodged. That declaration for temporary storage shall contain at least the particulars necessary for the entry summary declaration. Until such time as the goods declared are presented to customs in accordance with Article 124, the declaration for temporary storage shall have the status of an entry summary declaration.
Amendment 128 #
Proposal for a regulation
Article 124 - paragraph 3
Article 124 - paragraph 3
3. The person presenting the goods shall make a reference to the entry summary declaration or customs declaration or declaration for temporary storage which has been lodged in respect of the goods, except where the lodging of suchan entry summary declaration is not required.
Amendment 129 #
Proposal for a regulation
Article 124 - paragraph 4
Article 124 - paragraph 4
4. Where non-Union goods presented to customs are not covered by an entry summary declaration, and except where the lodging of such declaration is not required, the holder of the goods shall lodge such a declaration or a customs declaration replacing it immediatelyone of the persons referred to in Article 114 shall immediately lodge an entry summary declaration or a customs declaration or a declaration for temporary storage replacing the entry summary declaration.
Amendment 130 #
Proposal for a regulation
Article 125 a (new)
Article 125 a (new)
Article 125a Temporary storage of goods Except where non-Union goods are placed under a customs procedure, they shall be in temporary storage from the moment of their presentation to customs in the following cases: (a) where goods brought into the customs territory of the Union are presented to customs immediately upon their arrival in accordance with Article 124; (b) where goods are presented to the customs office of destination in the customs territory of the Union in accordance with the rules governing the transit procedure; (c) where goods are brought from a free zone into another part of the customs territory of the Union.
Amendment 131 #
Proposal for a regulation
Article 125 b (new)
Article 125 b (new)
Amendment 132 #
Proposal for a regulation
Article 125 c (new)
Article 125 c (new)
Article 125c Amendment and invalidation of a declaration for temporary storage 1. The declarant may, upon application, be authorised to amend one or more particulars of the declaration for temporary storage after it has been lodged. No amendment shall be possible after any of the following : (a) the customs authorities have informed the person who lodged the declaration that they intend to examine the goods ; (b) the customs authorities have established that particulars of the declaration are incorrect; ; (c) the goods have been presented to customs. 2. Where the goods for which a declaration for temporary storage has been lodged are not presented to customs, the customs authorities shall invalidate that declaration: (a) upon application by the declarant; and (b) within a specific time-limit after the declaration has been lodged.
Amendment 133 #
Proposal for a regulation
Article 125 d (new)
Article 125 d (new)
Article 125d Conditions and responsibilities for the temporary storage of goods 1. Goods in temporary storage shall be stored only in temporary storage facilities in accordance with Article 125e or, where justified, in other places designated or approved by the customs authorities. 2. Without prejudice to Article 120(2), goods in temporary storage shall be subject only to such forms of handling as are designed to ensure their preservation in an unaltered state without modifying their appearance or technical characteristics. 3. The person presenting the goods in accordance with Article 124(1) and (2) shall be responsible for the following: (a) ensuring that goods in temporary storage are not removed from customs supervision; (b) fulfilling the obligations arising from the storage of goods in temporary storage. The holder of the authorisation referred to in Article 125e shall be responsible in accordance with paragraph 1 for goods stored in its temporary storage facilities. 4. Where, for any reason, goods cannot be maintained in temporary storage, the customs authorities shall without delay take all measures necessary to regularise the situation of the goods in accordance with Articles 167, 168 and 169.
Amendment 134 #
Proposal for a regulation
Article 125 e (new)
Article 125 e (new)
Amendment 135 #
Proposal for a regulation
Title 4 - Chapter 2 - Section 3 - title
Title 4 - Chapter 2 - Section 3 - title
Formalities after presentation Temporary storage of goods
Amendment 136 #
Proposal for a regulation
Article 126 - title
Article 126 - title
Obligation to place non-Union goodsgoods in temporary storage under a customs procedure
Amendment 137 #
Proposal for a regulation
Article 126 - paragraph 1
Article 126 - paragraph 1
1. Without prejudice to Articles 167,168 and 169 non-Union goods presented to customs shall be placed under a customs procedureNon-Union goods in temporary storage shall be placed under a customs procedure or re-exported within a specific time-limit.
Amendment 138 #
Proposal for a regulation
Article 126 - paragraph 2
Article 126 - paragraph 2
2. Except aswhere otherwise provided, the declarant shall be free to choose the customs procedure under which he wishes to place the goods, under the conditions for that procedure, irrespective of their nature or quantity, or their country of origin, consignment or destination.
Amendment 139 #
Proposal for a regulation
Article 129 - point ca (new)
Article 129 - point ca (new)
ca. the specific time-limit for re- exportation as referred to Article 126(1).
Amendment 140 #
Proposal for a regulation
Article 134 - paragraph 1
Article 134 - paragraph 1
1. All goods intended to be placed under a customs procedure, except for the free zone and the temporary storage procedures, shall be covered by a customs declaration appropriate for the particular procedure.
Amendment 142 #
Proposal for a regulation
Article 138 - paragraph 1
Article 138 - paragraph 1
1. The customs authorities may authorise a personn authorized economic operator authorised under points (a) and (b) of Article 21(2) to lodge, at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office. In such cases, the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged. Or. en Justification
Amendment 161 #
Proposal for a regulation
Article 148 - paragraph 1
Article 148 - paragraph 1
1. Customs declarations which comply with the conditions laid down in this Chapter shall be accepted by the customs authorities immediately, provided that the goods to which they refer have been presented to customs. or, to the satisfaction of the customs authorities, are made available for customs controls. Where the declaration takes the form of an entry in the declarant’s records and access to those data by the customs authorities, the declaration shall be deemed to have been accepted at the moment at which the goods are entered in the records. The customs authorities may, without prejudice to the legal obligations of the declarant or to the application of security and safety controls, waive the obligation for the goods to be presented or to be made available for customs control.
Amendment 168 #
Proposal for a regulation
Article 180 - point b
Article 180 - point b
(b) storage, which shall comprise temporary storage, customs warehousing and free zones;
Amendment 169 #
Proposal for a regulation
Article 181 - paragraph 1 - point b
Article 181 - paragraph 1 - point b
(b) the operation of storage facilities for the temporary storage or customs warehousing of goods, except where the storage facility operator is the customs authority itself.
Amendment 176 #
Proposal for a regulation
Article 196 - paragraph 4
Article 196 - paragraph 4
4. Upon application, the customs authorities may authorise a person to use simplifications regarding the placement of goods under the Union transit procedure and regarding the end of that procedure, including the use of a manifest transmitted by data exchange systems as a transit declaration by any airline or shipping line that operates a significant number of flights or voyages between Member States.
Amendment 178 #
Proposal for a regulation
Article 198 - point b
Article 198 - point b
(b) the rules for the granting of the authorisation referred to in Article 196(4) which must include the ability to use an entry in the declarant’s records only;
Amendment 179 #
Proposal for a regulation
Article 199 - paragraph 3
Article 199 - paragraph 3
3. The customs authorities may, where an economic need exists and customs supervision will not be adversely affected, authorise the storage of Union goods in a storage facility for temporary storage or customs warehousing. Those goods shall not be regarded as being under the temporary storage or customs warehousing procedure.
Amendment 181 #
Proposal for a regulation
Article 200 - paragraph 1 - point a
Article 200 - paragraph 1 - point a
(a) ensuring that goods under the temporary storage or customs warehousing procedures are not removed from customs supervision;
Amendment 182 #
Proposal for a regulation
Article 200 - paragraph 1 - point b
Article 200 - paragraph 1 - point b
(b) fulfilling the obligations arising from the storage of goods covered by the temporary storage or customs warehousing procedures;
Amendment 183 #
Proposal for a regulation
Article 200 - paragraph 1 - point c
Article 200 - paragraph 1 - point c
(c) complying with the particular conditions specified in the authorisation for the operation of a customs warehouse or temporary storage facilities.
Amendment 184 #
Proposal for a regulation
Article 200 - paragraph 3
Article 200 - paragraph 3
3. The holder of the procedure shall be responsible for fulfilling the obligations arising from the placing of the goods under the temporary storage or customs warehousing procedures.
Amendment 188 #
Proposal for a regulation
Article 218 - paragraph 5
Article 218 - paragraph 5
5. Waste and scrap resulting from destruction of goods placed under the end- use procedure shall be deemed to be placed under thein temporary storage procedure.
Amendment 196 #
Proposal for a regulation
Article 235 - paragraph 3 - point c
Article 235 - paragraph 3 - point c
(c) goods under thein temporary storage procedure which are directly re-exported from a temporary storage facility.
Amendment 207 #
Proposal for a regulation
Article 243 - paragraph 2
Article 243 - paragraph 2
2. The delegation of power referred to in Articles 2, 7, 10, 16, 20, 23, 25, 31, 33, 43, 55, 57, 64, 76, 87, 94, 102, 109, 113, 118, 129, 133, 136, 139, 142, 145, 151, 155, 157, 166, 171, 173, 177, 179, 182, 184, 186, 190, 192, 195, 198, 202, 217, 219, 230, 232, 234, 238, 241 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation period of 5 years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 209 #
Proposal for a regulation
Article 243 - paragraph 4
Article 243 - paragraph 4
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. Because some or all provisions of a draft delegated act could fundamentally change the way in which the basic rules set out in this Regulation were applied prior to its entry into force, the Commission shall ensure that proper pre- adoption consultation with the Council, the European Parliament and the business community takes place in good time and that their views are taken into account before a delegated act is adopted so as to avoid potentially negative effects on the Union's competitiveness.