Activities of Anna CAVAZZINI 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
Amendments (78)
Amendment 141 #
Proposal for a regulation
Recital 7
Recital 7
(7) Certain definitions set out in Regulation (EU) No 952/2013 should be adapted to take account of the broader scope of this Regulation, to align them with those set out in other Union acts, and to clarify terminology having different meanings in different sectors. New definitions should be included in customs legislation to clarify the roles and responsibilities of certain actors in the customs processes. In the case of the importer and the exporter, new definitions should make those persons liableresponsible towards customs for compliance of the goods, including for financial and non- financial risks, in order to strengthen customs supervision. In the case of the new concept of deemed importer, new definitions should ensure that in some cases, in the context of an online sale from outside the Union, an economic operator, as opposed to the consumer, is considered the importer and assumes the corresponding responsibilities. New definitions should also be introduced in relation to the broader scope of the provisions of customs supervision, risk management and customs controls.
Amendment 143 #
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. Such prohibitions and restrictions can be justified on grounds of, inter alia, 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. Divergences in the national lists of prohibition and restrictions create significant difficulties for entities importing in multiple Member States. In order to facilitate trade and the functioning of customs, the EU should work to gradually harmonise national lists of prohibitions and restrictions. Furthermore, harmonised definitions of the legal terms used in providing for prohibitions and restrictions should be adopted, in order to avoid diverging interpretations by Member States.
Amendment 146 #
Proposal for a regulation
Recital 10
Recital 10
(10) The consequence of the failure of a customs authority to take a decision upon application within the established time- limits should be clarified. The principle that in such case the application is deemed to be subject to a negative decision and that the applicant may lodge an appeal, in accordance with the general rule on customs decisions should also be established. In order to ensure that trade is not paralysed in case of large-scale failure of the centralised electronic systems, the Commission and the EU Customs agency should work with Member States on fall-back procedures.
Amendment 149 #
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 32 years.
Amendment 151 #
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 real timeaccess to relevant data intheir electronic systems keeping record of their compliance and the movement of their goods.For small and medium size economic operators willing to obtain the Trust and Check status but for whom the transmission of real time data might be a disproportionate requirement, the presence of a Digital Product Passport containing all information about a product's compliance can also be used to show transparency. 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 period.
Amendment 152 #
Proposal for a regulation
Recital 17
Recital 17
(17) The changes in the customs processes also require clarifying the role of customs representatives. Both direct and indirect representation should continue to be possible but it should be clarified that the indirect representative of an importer or an exporter assumes all the obligations of importers or exporters, not only the obligation to pay or guarantee the customs debt but also the respect of other legislation applied by the customs authorities. For that reason, customs representatives must be resident in the customs territory of the Union where they represent importers or exporters, to ensure proper accountability for financial and non-financial aspects. The use of an indirect customs representative established in the Union is therefore an available and proportionate alternative for importers and exporters who do not have a commercial presence in the Union. Moreover, customs representatives established in third countries can continue providing their services in the Union where they represent persons who are not required to be established within the customs territory of the Union. Identifying reliable customs representatives is a challenge for economic operators, especially SMEs. To address this issue, it is appropriate for the Commission and the EU Customs Authority to create and maintain a voluntary register of experienced customs representatives having the required qualifications. Such a register would complement existing ones maintained by some Member States;
Amendment 155 #
Recital 23 Proposal for a regulation
(23) The data submitted to the EU Custom Data Hub is to a large extent non- personal data submitted by economic operators of the goods they are trading with. Nevertheless, the data will also include personal data, in particular names of individuals acting for an economic operator or an authority. To ensure that personal data and sensitive commercial information are equally protected, it is appropriate that specific access rules, rules for confidentiality and conditions for the use of the EU Customs Data Hub are established by this Regulation. Without prejudice to the protection of confidential business information, those rules should not prevent the disclosure of non-personal data after access to information requests. In particular, it should be established which entities may access or process data stored or otherwise available in the EU Customs Data Hub, in addition to the persons, the Commission, the customs authorities and the EU Customs Authority, balancing the needs of these entities with , the general interest andthe need ensure that the personal and confidential data collected for customs purposes are used for additional purposes only to the minimum extent necessary.in a proportionate manner, and consistently with Regulation (EU) 2016/679 and Directive EU 2016/943
Amendment 157 #
Proposal for a regulation
Recital 24
Recital 24
(24) To ensure that the European Anti- Fraud Office (‘OLAF’) can exercise its investigations powers in relation to fraudulent activities that are affecting the interests of the Union, it is appropriate that it has access to data from the EU Customs Data Hub that is very similar to the access by the Commission. OLAF should therefore be entitled to process the data in accordance with the conditions relating to data protection in the relevant Union legislation, including Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council47 and Council Regulation (EC) No 515/9748 . To ensure that EPPO can conduct its investigations on customs-related matters, it should be entitled to request access to theaccess and process data in the EU Customs Data Hub. To preserve the functions that are performed in Member States’ national IT systems, the tax authorities of the Member States should either obtain the possibility to process data directly within the EU Customs Data Hub or to extract data from the EU Customs Data Hub and process it through different means. As such, authorities responsible for food safety in accordance with Regulation Regulation (EU) 2017/625 of the European Parliament and of the Council49 and the authorities responsible for market surveillance in accordance with Regulation (EU) 2019/1020 should be provided with the right services and tools in the EU Customs Data Hub so that they can use the relevant customs data to contribute to enforcing the relevant Union legislation and for cooperating with customs authorities to minimise the risks that non- compliant products enter the Union. It is appropriate that Europol has access upon request to data in the EU Customs Data Hub to be able to perform its tasks as specified in Regulation (EU) 2016/794 of the European Parliament and of the Council50 . All other Union and national bodies and authorities, including the European Border and Coast Guard Agency (Frontex), should have access to non- personal data contained in the EU Customs Data Hub. _________________ 47 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 48 Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82, 22.3.1997, p. 1). 49 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)(OJ L 95, 7.4.2017, p. 1). 50 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
Amendment 158 #
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should lay down the modalities for access of all these authorities in implementing rules, after assessing the existing safeguards that each authority or category of authorities has in place for ensuring the correct treatment of personal and commercially sensitive data, while taking into account that publishing non-sensitive customs data can be in the general interest.
Amendment 161 #
Proposal for a regulation
Recital 27
Recital 27
(27) It is appropriate that the EU Customs Data Hubs stores personal data for a maximum period of 10 years. This period is justified in light of the possibility for customs authorities to notify the customs debt up to 10 years after having received the necessary information about a consignment, as well as to ensure that the Commission, the EU Customs Authority, OLAF, EPPO, customs and authorities other than customs can cross-check the information in the EU Customs Data Hub against the information stored in and exchanged with other systems. Moreover, this period of time should be aligned with the storage period required by other legislation applied by the customs authorities, where such legislation is relevant for customs controls. It is also appropriate that whenever personal data is required for the purposes of judicial and administrative proceedings, investigations and during post-clearance controls, the retention period is suspended to avoid that personal data is erased and cannot be used for those purposes.
Amendment 163 #
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. 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. This requires close collaboration with competent authorities enforcing other legislation applied by customs, with a specific focus on collaboration with market surveillance authorities.
Amendment 165 #
Proposal for a regulation
Recital 32
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. 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. Serious or repeated infringement of other legislations applied by customs and detected by customs or other competent authorities should have an impact on the risk profile of importers, exporters or deemed importers.
Amendment 167 #
Proposal for a regulation
Recital 38
Recital 38
(38) Once the customs authorities have the information necessary for the relevant procedure, based on risk analysis, they should decide whether to perform further controls on the goods, to release them, to refuse or suspend their release or to let the time pass so the goods are considered released. The customs authorities should do so in cooperation with other authorities, where necessary. Accordingly, the customs authorities should refuse the release of the goods where they have evidence that the goods do not comply with applicable legal requirements. Where the customs authorities need to consult other authorities to determine whether or not the goods comply, they should suspend the release at least until the consultation takes place. In these cases, the customs authorities’ subsequent decision on the goods should depend on the other authorities’ reply. To avoid blocking both traders and authorities in the cases in which concluding on compliance requires some time, the customs authorities should have the possibility to release the goods on the condition that the trader continues informing about the location of the goods for a maximum of 15 days. Finally, in order to provide legal certainty to the traders that have provided the information on time without obliging the customs authorities to react to every consignment, the goods that have not been selected for a control after a reasonable period of time should be considered released. The Commission should be entitled to define this period of time in delegated rules, adapting it, where necessary, to the type of traffic or type of border crossing points.
Amendment 168 #
Proposal for a regulation
Recital 39
Recital 39
(39) To the extent that Trust and Check traders provide customs full access to their systems, records and operations and are considered reliable, they should be able to release their goods under the supervision of the customs authorities but without waiting for their intervention. Accordingly, Trust and Check traders should be able to release goods for any entry procedure at receipt at final destination of the goods or for any exit procedure at the place of delivery of the goods. As the Trust and Check traders are considered transparent, the arrival and/or the delivery should be properly recorded in the EU Customs Data Hub. These operators should be obliged to inform the customs authorities where a problem arises so that those authorities can take a final decision on the release. Where the internal controls systems of the Trust and Check traders are robust enough, the customs authorities should be able, in cooperation with other authorities, to authorise the traders to perform certain checks on their own. However, the customs authorities should retain the possibility to control the goods at any time. Repeated or serious infringements to other EU legislation applied by customs by a Trust and Check trader should lead to the loss of the trusted status.
Amendment 174 #
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 and a consultative body representing consumer organisations, business associations and other relevant non-state actors.
Amendment 176 #
Proposal for a regulation
Recital 58
Recital 58
(58) To fulfil their mission, customs authorities cooperate closely and regularly with market surveillance authorities, sanitary and phytosanitary control authorities, law-enforcement bodies, border management authorities, environmental protection bodies, experts on cultural goods, and many other authorities in charge of sectoral policies. Considering the evolution of the single market and the evolving role of customs, the increase in prohibitions and restrictions and e- commerce, it is necessary to structure and reinforce this cooperation at national, Union and international level. Instead of a cooperation focused on individual consignments or specific events along the supply chain, a structured cooperation framework between customs authorities and other authorities responsible for relevant policy areas should be established. Such cooperation framework should include the following aspects: the development of legislation and of policy needs in a specific area, the exchange and analysis of information, the building of overall cooperation strategy in the form of joint supervision strategies and, finally, cooperation on operational implementation, monitoring and controls. The Commission should also facilitate the application of part of the other legislation applied by the customs authorities by drawing a list of Union legislation imposing requirements on goods subject to customs controls aimed at protecting public interests such as human, animal or plants health and life, the consumers and the environment, and organise information sharing about their enforcement. When applicable, records of serious and repeated infringements to other legislations applied by customs should be made available to customs by the relevant competent authorities, and taken into account in European customs risk management processes.
Amendment 177 #
Proposal for a regulation
Recital 59
Recital 59
(59) In order to increase clarity and make the cooperation framework between customs and other partner authorities more efficient, a list of services offered by customs authorities should define clearly the possible role of customs in the application of other relevant policies at the borders of the Union. In addition, the application of the cooperation framework should be monitored by the EU Customs Authority. The EU Customs Authority should work closely and cooperate with the Commission, OLAF, other relevant Union agencies and bodies, such as the European Public Prosecutor Office,Europol and Frontex as well as specialised agencies and networks in the respective policy fields, such as the EU Product Compliance Network.
Amendment 180 #
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, Member States and the EU Customs Authority should regularly exchange best practices on audit and sanctions, in order to improve the convergence and coherence of methodologies and application of sanctions. The Commission should regularly assess whether the sanctions applied by Member States are sufficient to reach the objectives of the Union Customs Code, and take appropriate action if necessary.
Amendment 181 #
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. Non compliance with importer, exporter and deemed-importer obligations should be included in the list of customs infringements. In determining the sanction applicable, customs authorities should define if these acts or omissions are committed intentionally or by obvious negligence.
Amendment 183 #
Proposal for a regulation
Recital 64
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. Member States, the European Commission and the EU customs authority should collaborate to gradually increase the coherence of non-criminal sanctions and their application accross the EU.
Amendment 184 #
Proposal for a regulation
Recital 65
Recital 65
(65) The performance of the customs union should be evaluated at least on an annual basis to allow the Commission, with the help of the Member States, to take the appropriate policy orientations. 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. This evaluation report should be published.
Amendment 185 #
Proposal for a regulation
Recital 74
Recital 74
(74) InFrom January 20329, economic operators may start using, on a voluntary basis, the capabilities of the EU Customs Data Hub. Bby the end ofDecember 20372, the EU Customs Data Hub should be fully developed, and all economic operators shall use it. Trust and Check traders and deemed importers will be supervised by the Member State of their establishment. By derogation and subject to review, operators that are neither Trust and Check traders nor deemed importers will remain under the supervision of the customs authority of the Member State where the goods are physically located. By 31 December 20351, the Commission should evaluate the two supervision models, including as regards their effectiveness for detecting and preventing fraud. The evaluation should also consider indirect taxation aspects. Based on this evaluation, the Commission should be entitled to decide by delegated act whether the two models should continue or whether, in all cases, the customs authority responsible for the place of establishment of the trader should release the goods. The place of incurrence of customs debt should also be regulated in accordance with the determination of the responsible customs authority,
Amendment 189 #
Proposal for a regulation
Article 5 – paragraph 1 – point 2 –point d
Article 5 – paragraph 1 – point 2 –point d
(d) customs provisions contained in international agreements, insofar as they are applicable in the Union;. This includes relevant multilateral environmental agreements to which the EU and the Member States are Party, insofar as they regulate the conformity of goods.
Amendment 194 #
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 i, including persons authorised to use the special scheme laid down in Title XII, Chapter 6, Section 4 of Directive 2006/112/EC;
Amendment 199 #
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 202 #
Proposal for a regulation
Article 5 – paragraph 1 – point 57 a (new)
Article 5 – paragraph 1 – point 57 a (new)
(57 a) ‘other charges’ means any fees coming on top of custom duties, VAT, customs formalities fees and courier fees.
Amendment 204 #
Proposal for a regulation
Article 5 – paragraph 1 – point 64 a (new)
Article 5 – paragraph 1 – point 64 a (new)
(64 a) ‘end-customer’ means physical or moral person residing or established in the Union, to whom a product has been made available by a seller or a marketplace.
Amendment 214 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 4
Article 6 – paragraph 3 – subparagraph 4
Where the customs authorities fail to take a decision within the time-limits established in the first, second and third subparagraphs, the applicant may consider the request to have been denied and may appeal such a negative decision. The applicant may also inform the EU Customs Authority that the customs authorities did not take a decision within the relevant time limits. The Commission, the EU Customs Authority and Member States shall agree on a clear process to handle decisions in case of technical failure of centralised EU electronic systems infrastructure, and especially of the data hub, in order to ensure that trade is not paralysed.
Amendment 227 #
Proposal for a regulation
Article 24 – paragraph 1 – point a a (new)
Article 24 – paragraph 1 – point a a (new)
(a a) the absence of serious and repeated infringements to other legislation applied by customs;
Amendment 234 #
Proposal for a regulation
Article 25 – paragraph 3 – point a a (new)
Article 25 – paragraph 3 – point a a (new)
(a a) the absence of serious and repeated infringements to other legislation applied by customs
Amendment 244 #
Proposal for a regulation
Article 25 – paragraph 3 – point f – introductory part
Article 25 – paragraph 3 – point f – introductory part
(f) having an electronic system providing or making available to the customs authorities real-time allrelevant 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:
Amendment 246 #
Proposal for a regulation
Article 25 – paragraph 3 – point f a (new)
Article 25 – paragraph 3 – point f a (new)
(f a) by way of exception to paragraph f and notwithsanding obligations linked to the importer or deemed importer status, Small and Medium Size enterprises may make compliance data available to customs authorities via a Digital Product Passport,
Amendment 247 #
Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 2
Article 25 – paragraph 4 – subparagraph 2
The customs authorities at least every 32 years shall perform and in-depth monitoring of the Trust and Check trader’s activities and internal records. The Trust and Check trader shall inform the customs authorities of any changes in its corporate structure, ownership, solvency situation, trading models or any other significant changes in its situation and activities. The customs authorities shall re-assess the status of the Trust and Check trader if any of these changes have a significant impact on the Trust and Check status. The customs authorities may suspend this authorisation until a decision on the reassessment is taken.
Amendment 251 #
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: a. involvement in fraudulent activity in relation to its economic or business activity, b. repeated or serious infringement to other legislation applied by customs; its status shall be suspended.
Amendment 260 #
Proposal for a regulation
Article 25 – paragraph 11 a (new)
Article 25 – paragraph 11 a (new)
11 a. The Commission and Member States shall set up a capacity building and best practice sharing support system for SMEs willing to obtain the Trust and Check status;
Amendment 274 #
Proposal for a regulation
Article 27 – paragraph 6 a (new)
Article 27 – paragraph 6 a (new)
6 a. [18 months after the entry into force] the Commission shall set up a voluntary system of accreditation for direct and indirect representatives having the expertise necessary to reliably act as direct or indirect representatives;
Amendment 278 #
Proposal for a regulation
Article 29 – paragraph 1 – point c a (new)
Article 29 – paragraph 1 – point c a (new)
(c a) ensure compliance with the provisions of Regulation (EU) XXXX/XXX of the European Parliament and of the Council laying down measures for a high common level of cybersecurity at the institutions, bodies, offices and agencies of the Union;
Amendment 279 #
Proposal for a regulation
Article 29 – paragraph 1 – point h
Article 29 – paragraph 1 – point h
(h) enable the customs surveillance of goods and contribute to the enforcement of other legislations applied by customs.
Amendment 282 #
Proposal for a regulation
Article 29 – paragraph 1 – point h a (new)
Article 29 – paragraph 1 – point h a (new)
(h a) enable the exchange of customs information with non-state actors with a general interest purpose;
Amendment 284 #
Proposal for a regulation
Article 31 – paragraph 1 – point b a (new)
Article 31 – paragraph 1 – point b a (new)
(b a) for research purposes
Amendment 287 #
Proposal for a regulation
Article 31 – paragraph 4 – point h a (new)
Article 31 – paragraph 4 – point h a (new)
(h a) to support the enforcement of other union legislations concerning products entering the internal market
Amendment 288 #
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
6. The European Public Prosecutor’s Office (‘EPPO’) may, upon request, ac access and process data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively andto 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 293 #
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, EPPO 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, 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 295 #
Proposal for a regulation
Article 31 – paragraph 12 a (new)
Article 31 – paragraph 12 a (new)
12 a. Until the date set out in Artile 265(3), non-personal trade data collected via existing electronic systems shall be accessible to non-state actors, especially researchers, via freedom of information requests.
Amendment 298 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Article31a Publication of customs data Without prejudice to Directive (EU) 2016/943, Member State customs authorities, or the EU Customs Authority after the date included in Article 265.4, shall publish monthly updates containing non-personal customs data. The information published should include a record of each consignment and when applicable, the related importer, deemed- importer, exporter, consignor, seller, consignee, buyer, declarant, representative, producer/manufacturer, country of destination, region of destination, country of dispatch/export, country of origin, country of preferential origin, description of goods, commodity (Harmonised System/HS) code, volume, value, and declaration date.
Amendment 299 #
Proposal for a regulation
Article 32 – paragraph 1 – point b
Article 32 – paragraph 1 – point b
(b) data subjects who are economic operators which are occasionally involved in activities covered by the customs legislation or by other legislation applied by the customs authorities;
Amendment 300 #
Proposal for a regulation
Article 32 – paragraph 1 – point c
Article 32 – paragraph 1 – point c
(c) data subjects who are economic operators and whose personal information is contained in the supporting documents referred to in Article 40, or in any additional evidence required for the fulfilment of the obligations imposed by customs legislation and other legislation applied by the customs authorities;
Amendment 301 #
Proposal for a regulation
Article 32 – paragraph 1 – point d
Article 32 – paragraph 1 – point d
(d) data subjects who are economic operators and whose personal data is contained in the data collected for risk management purposes pursuant to Article 50(3), point (a);
Amendment 304 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Where authorities other than customs authorities or, Union bodies or authorities from third countries make use of electronic means established by, used to achieve the objectives of, or referred to in Union legislation, the cooperation may take place by means of interoperability of those electronic means with the EU Customs Data Hub.
Amendment 305 #
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
4. Where authorities other than customs authorities or authorities from third countries do not make use of electronic means established by, used to achieve the objectives of, or referred to in, Union legislation, those authorities may use the specific services and systems of the EU Customs Data Hub in accordance with Article 31.
Amendment 309 #
Proposal for a regulation
Article 50 – paragraph 3 – point a
Article 50 – paragraph 3 – point a
(a) collecting, processing, exchanging and analysing relevant data available in the EU Customs Data Hub and from other sources, including relevant data from competent authorities other than customs authorities;
Amendment 310 #
Proposal for a regulation
Article 50 – paragraph 4 a (new)
Article 50 – paragraph 4 a (new)
4 a. Infringement to other legislation applied by customs and notified by competent authorities to customs authorities shall negatively impact the risk profile of the relevant importers, exporters or deemed importers;
Amendment 311 #
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 312 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Without prejudice to paragraph 6, point (f), of this Article and to Article 43, the Commission mayshall identify specific areas in the domain of other legislation applied by the customs authorities that warrant priority treatment for customs risk management and controls.
Amendment 313 #
Proposal for a regulation
Article 51 – paragraph 3 – introductory part
Article 51 – paragraph 3 – introductory part
3. The Commission mayshall:
Amendment 314 #
Proposal for a regulation
Article 51 – paragraph 4
Article 51 – paragraph 4
4. For the purposes referred to in paragraphs 1 to 3, the Commission may collect, process and analyse data available in the EU Customs Data Hub and from other sources, including from authorities other than customs authorities, including from third countries, from the secretariats under relevant Multilateral Environmental Agreements and the customs Advisory Board.
Amendment 318 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. All risk information, signals, risk analysis results, control recommendations, control decisions and control results, shall be recorded in the operational process to which they relate and in the EU Customs Data Hub, irrespective of whether they were based on national or common risk analysis, or whether they were based on random selection. Customs authorities shall share risk information with each other, with the EU Customs Authority and with the Commission and where applicable, with the secretariats of Multilateral Environmental Agreements, provided that personal data is adequately protected.
Amendment 321 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. The Commission, in cooperation with the EU Customs Authority and the customs authorities, shall evaluate the implementation of risk management in order to continuously improve its operational and strategic effectiveness and efficiency at least once every 2 years; the evaluation shall be publicly accessible; the Commission may in addition arrange evaluation activities to be carried out where it considers necessary, and on an ongoing basis.
Amendment 324 #
Proposal for a regulation
Article 60 – paragraph 3 – point b
Article 60 – paragraph 3 – point b
(b) where they have any evidence that the goods do not comply with the relevant other legislation applied by the customs authorities, unless that legislation requires consulting other authorities beforehand;
Amendment 326 #
Proposal for a regulation
Article 60 – paragraph 3 – point b a (new)
Article 60 – paragraph 3 – point b a (new)
(b a) where other legislation applied by customs require consultation with other competent authorities;
Amendment 328 #
Proposal for a regulation
Article 60 – paragraph 5 – point b –point ii
Article 60 – paragraph 5 – point b –point ii
Amendment 332 #
Proposal for a regulation
Article 60 – paragraph 5 – point b –point iii
Article 60 – paragraph 5 – point b –point iii
(iii) the other authorities notify the customs authorities that more time is needed to assess whether the goods comply with the relevant other legislation applied by the customs authorities, on the condition that they have not requested to maintain the suspension, and the importer or the exporter provides to the customs authorities full traceability of those goods for 15 days starting from the notification of the other authorities or until the other authorities have assessed and communicated the outcome of their controls to the importer or the exporter, whichever comes first. The customs authorities shall make the traceability available to the other authorities.
Amendment 336 #
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 country of final destination of the goods, the data on the route 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 363 #
Proposal for a regulation
Article 150 – paragraph 10
Article 150 – paragraph 10
10. Where Even ifthe importer has opted to apply the simplified tariff treatment for distance sales, the importer may not benefit from the measures referred to in Article 145(2), points (d) and (e), or from non-tariff preferential measures apply.
Amendment 364 #
Proposal for a regulation
Article 159 – paragraph 2 – subparagraph 2
Article 159 – paragraph 2 – subparagraph 2
Where the information provided or made available for the purpose of the procedures referred to in paragraph 1 leads to all or part of the import duty not being collected, the person who provided that information and who knew, or who ought reasonably to have known, that such information was false shall also be a debtor. That person shall be responsible for the payment of any other charges applicable including custom formalities fees and courier fees
Amendment 367 #
Proposal for a regulation
Article 159 – paragraph 3
Article 159 – paragraph 3
3. Where Title XII, Chapter 6, Section 4 of Directive 2006/112/EC applies to the distance sales of goods to be imported from third countries or territories to an end- customer in the customs territory of the Union, the deemed importer shall incur a customs debt when the payment for the distance sale is accepted and shall be the debtor. The deemed importer shall also be responsible for the payment of any other charges applicable.
Amendment 374 #
Proposal for a regulation
Article 204 – paragraph 2
Article 204 – paragraph 2
2. The EU Customs Authority shall coordinate and supervise the application and implementation of the appropriate measures and arrangements by the customs authorities and shall report back on the results of this implementation to the Commission, the European Parliament and the Council.
Amendment 382 #
Proposal for a regulation
Article 208 – paragraph 3 – point j a (new)
Article 208 – paragraph 3 – point j a (new)
(j a) cooperate with the secretariats of relevant Multilateral Environmental Agreements to which the EU is party;
Amendment 396 #
Proposal for a regulation
Article 221 – paragraph 1 a (new)
Article 221 – paragraph 1 a (new)
Section 4 Customs Advisory Board 221a Customs Advisory Board 1.The EU Customs Authority shall estblish a Customs Advisory Board to assist the Executive Board 2.The Customs Advisory Board is tasked to: a) give input on the customs dimensions of other legislation applied by customs; b) communicate recommendations for priority areas of control 3.The Customs Advisory Board (CAB) shall be composed of representatives of civil society organisations, including consumer organisations, employers federation and other relevant stakeholders; 3. 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.
Amendment 398 #
Proposal for a regulation
Article 228 – paragraph 6
Article 228 – paragraph 6
6. In accordance with Regulation (EU) 2017/1939, EPPO mayis responsible for investigate anding, prosecute fraud and other illegal activitiing and bringing to judgment the perpetrators of and accomplices to, criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council77 . ,including offences regarding participation in a criminal organisation and inextricably linked offences, as provided for in Article 22 of that Regulation. _________________ 77 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 400 #
Proposal for a regulation
Article 240 – paragraph 1
Article 240 – paragraph 1
1. Customs authorities shall cooperate with other authorities at national level, including, but not limited to, market surveillance authorities, sanitary and phytosanitary authorities, law enforcement authorities and tax authorities, in the field other legislation applied by the customs authorities, collection of duties and taxes and other relevant fields of cooperation. Customs authorities shall alert relevant competent authorities of suspected infringement to other EU legislations and add the information in the EU customs data hub. Where appropriate, customs authorities shall also cooperate with relevant bodies, expert groups, agencies, offices or networks coordinating the activities of other authorities at Union level. Where appropriate, customs authorities shall also cooperate with other relevant parties at EU level, as referred to in paragraph 9, and the involved customs authorities shall notify the EU Customs Authority.
Amendment 405 #
Proposal for a regulation
Article 241 – paragraph 2
Article 241 – paragraph 2
2. For this purpose, the EU Customs Authority shall follow the customs policy priorities and ensure the necessary links and coordination with the anti-fraud activities byof OLAF and EPPO and national customs investigations, as well as the criminal investigations of EPPO or other competent national authorities.
Amendment 407 #
Proposal for a regulation
Article 242 – paragraph 1 – point h
Article 242 – paragraph 1 – point h
(h) alerting other authorities about risks relevant for their work, as well as reporting suspicions of fraud and criminality;
Amendment 413 #
Proposal for a regulation
Article 252 – paragraph 1 – point f a (new)
Article 252 – paragraph 1 – point f a (new)
(f a) failure to comply with importer and deemed importer obligations in accordance to article 20 and 21.
Amendment 416 #
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 European Commission, Member States and the EU Customs Authority shall regularly exchange best practices and applicable methodologies on audit and sanctions calculation, in order to improve the convergence and coherence of sanctions accross the EU. The Commission shall regularly assess whether the sanctions applied by Member States are sufficient to reach the objectives of the described in Article 2, and take appropriate action if necessary.
Amendment 421 #
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 Europan Parliamentfor information.
Amendment 426 #
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 20372.
Amendment 433 #
Proposal for a regulation
Article 265 – paragraph 7 – introductory part
Article 265 – paragraph 7 – introductory part
7. By 31 December 20351, the Commission shall publish and present a report to the European Parliament and to the Council to assess, in particular: