58 Amendments of Wim van de CAMP related to 2012/0027(COD)
Amendment 51 #
Proposal for a regulation
Article 15 - paragraph 2
Article 15 - paragraph 2
2. The Commission may authorise the Member States, on their request, to test for a limited period of time simplifications in the application of the customs legislation using electronic data-processing techniques. Such pilots shall be available to all Member States and shall be evaluated periodically.
Amendment 69 #
Proposal for a regulation
Article 24 - paragraph 2 - subparagraph 2
Article 24 - paragraph 2 - subparagraph 2
Amendment 70 #
Proposal for a regulation
Article 24 - paragraph 4 - subparagraph 2
Article 24 - paragraph 4 - subparagraph 2
Amendment 71 #
Proposal for a regulation
Article 24 - paragraph 5 - subparagraph 1a (new)
Article 24 - paragraph 5 - subparagraph 1a (new)
The holder of the decision shall comply with the obligations resulting from the decision.
Amendment 72 #
Proposal for a regulation
Article 24 - paragraph 5 - subparagraph 1b (new)
Article 24 - paragraph 5 - subparagraph 1b (new)
The holder of the decision shall inform the decision-taking customs authority without delay of any factor arising after the decision was taken, which may influence its continuation or content.
Amendment 73 #
Proposal for a regulation
Article 24 - paragraph 8
Article 24 - paragraph 8
8. In certain cases tThe customs authorities shall carry out the following: (a) monitor compliance with amonitor compliance with the obligations resulting from the decision; (b) and re-assess a decision; (c)or suspend a decision which is not to be annulled, revoked or amendedin the cases specified by customs legislation.
Amendment 74 #
Proposal for a regulation
Article 24 - paragraph 9
Article 24 - paragraph 9
Amendment 95 #
Proposal for a regulation
Article 62 - paragraph 4
Article 62 - paragraph 4
4. Special rules shall apply to determine the customs value of goods based on the transaction valueThe customs value is determined under the transaction value method if the goods have been subject of a sale for export to the customs territory of the Union at the time of acceptance of the customs declaration for release for free circulation.
Amendment 99 #
Proposal for a regulation
Article 62 - paragraph 4 a (new)
Article 62 - paragraph 4 a (new)
4a. In the case of successive sales before valuation, only the last sale, which led to the introduction of the goods into the customs territory of the Union, or a sale taking place in the customs territory of the Union before entry for free circulation of the goods shall constitute such indication. Where a price is declared which relates to a sale taking place before the last sale on the basis of which the goods were introduced into the customs territory of the Union, it must be demonstrated to the satisfaction of the customs authorities that this sale of goods took place for export to the customs territory in question.
Amendment 102 #
Proposal for a regulation
Article 62 - Paragraph 4 b (new)
Article 62 - Paragraph 4 b (new)
4b. The customs value may also be determined under the transaction value method on the basis of a sale which takes place while the goods are placed under any of the special procedures indicated under points (a), (b) or (c) of Article 180.
Amendment 105 #
The Commission shall be empowered to adopt delegated acts in accordance with Article 243, specifying: (a) the rules with a view to establishing more detailed rules on the procedure for the calculation of the amount of import or export duty applicable to goods for which a customs debt is incurred in the context of a special procedure, supplementing the ones laid down in Articles 73 and 74; (b) the cases referred to in the second subparagraph of Article 74(3); (c) the time-limit referred to in Article 75(2)pecifying: (a) the rules for the calculation of the amount of import duty for goods placed under the inward-processing procedure; (b) the rules for the calculation of the amount of import duty for goods placed under the inward-processing procedure in situations that the end-use procedure is requested.
Amendment 106 #
Article 76a Conferral of Implementing powers The Commission shall adopt by means of implementing acts measures on the time- limit referred to in Article 75(2), to ensure the uniform application of the customs legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 244(4).
Amendment 107 #
Proposal for a regulation
Article 83 - paragraph 1 - point b
Article 83 - paragraph 1 - point b
(b) they fulfil the criteria laid down in Article 22(a); , for as far as relevant to the authorisation; Or. en Justification
Amendment 108 #
Proposal for a regulation
Article 83 - paragraph 1 - point c
Article 83 - paragraph 1 - point c
(c) they are regular users of the customs procedures involved or they fulfil the criteria laid down in Article 22(d). , for as far as relevant to the authorisation. Or. en Justification
Amendment 110 #
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, an 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). , for as far as relevant to the authorisation. Or. en Justification
Amendment 114 #
Proposal for a regulation
Article 103 - paragraph 2
Article 103 - paragraph 2
2. In certain cases where the competentWhere the customs authorities consider that repayment or remission should be granted, that authority shall transmit the case to the Commission in the following cases : (a) in case the customs authorities consider that a special situation is either exclusively the result of the Commission failing in its obligations or the special situation results from both a failure of the customs authorities and of the Commission; (b) in case the customs authorityies considers that repayment or remission should be granted, that authority shall transmit the case to the Commission for decision. the Commission has committed an error within the meaning of paragraph 1(c); and (c) in case the circumstances of the case are related to the findings of a Union investigation carried out under 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 matters1, or under any other Union legislation or any agreement concluded by the Union with countries or groups of countries in which provision is made for carrying out such Union investigations; (d) when the amount for which the person concerned may be liable in respect of one or more import or export operations but in consequence of an error or special circumstances is EUR 500 000 or more. ________ 1 OJ L 82, 22.3.1997, p. 1.
Amendment 115 #
Proposal for a regulation
Article 103 - paragraph 2 a (new)
Article 103 - paragraph 2 a (new)
2a. The cases referred to in paragraph 1 shall not be transmitted in either of the following situations: (a) when the Commission has already adopted a decision under the procedure provided for in this Section on a case involving comparable issues of fact and of law; (b) when the Commission is already considering a case involving comparable issues of fact and of law;
Amendment 116 #
Proposal for a regulation
Article 103 - paragraph 6 - subparagraph 1
Article 103 - paragraph 6 - subparagraph 1
6. Where the competentustoms authorityies hasve granted repayment or remission in error, the original customs debt shall be reinstated insofar as it is not time-barred underestablished in accordance with Article 91.
Amendment 119 #
Proposal for a regulation
Article 114 - paragraph 3
Article 114 - paragraph 3
3. The entry summary declaration shall be lodged by the person responsible at the competent customs office within a specific time-limit, bewho brings the goods into the customs territory of the Union or who assumes responsibility fore the goods are brought into the customs territory of the Unioncarriage of the goods into that territory.
Amendment 120 #
Proposal for a regulation
Article 114 - paragraph 3 a (new)
Article 114 - paragraph 3 a (new)
3a. Notwithstanding the obligations of the person referred to in paragraph 3, the entry summary declaration may be lodged instead by one of the following persons: (a) the importer or consignee or other person in whose name or on whose behalf the person referred to in paragraph 3 acts; (b) any person who is able to present the goods in question or to have them presented to the competent customs authority.
Amendment 121 #
Proposal for a regulation
Article 114 - paragraph 3 b (new)
Article 114 - paragraph 3 b (new)
3b. The summary declaration shall be lodged at the customs office of first entry. Customs authorities may allow the summary declaration to be lodged at another customs office, provided that this office immediately communicates or makes available electronically the necessary particulars to the customs office of entry.
Amendment 122 #
Proposal for a regulation
Article 116 - paragraph 1 - subparagraph 1a (new)
Article 116 - paragraph 1 - subparagraph 1a (new)
However, no such amendment shall be possible after any of the following events: (a) the customs authorities have informed the person who lodged the entry summary declaration that they intend to examine the goods; (b) the customs authorities have established that the particulars in question are incorrect; or (c) the customs authorities have allowed the removal of the goods from the place where they were presented.
Amendment 124 #
Proposal for a regulation
Article 118 - point b
Article 118 - point b
(b) the time-limit within which risk analysis is to be carried out and the necessary measures to be taken, in accordance with Article 115for lodging an entry summary declaration;
Amendment 125 #
Proposal for a regulation
Article 118 - point b a (new)
Article 118 - point b a (new)
(ba) the time-limit for lodging an entry summary declaration;
Amendment 126 #
Proposal for a regulation
Article 118 - point d
Article 118 - point d
Amendment 127 #
Proposal for a regulation
Article 118 a (new)
Article 118 a (new)
Article 118a Conferral of implementing powers In order to ensure uniform conditions for the implementation of the customs legislation, the Commission shall adopt by means of implementing acts measures on: (a) the time-limit within which risk analysis is to be carried out and the necessary measures to be taken, in accordance with Article 115; (b) the time-limit referred to in Article 116(2), within which an entry summary declaration is deemed not to have been lodged. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 244(4).
Amendment 151 #
Proposal for a regulation
Article 139 a (new)
Article 139 a (new)
Article 139a Single authorisation for simplified procedures The customs authorities may allow the customs declaration to be lodged at a customs office different from the one where the goods are presented or will be presented or made available for control, provided that the goods are to be placed under a customs procedure by the holder of a single authorisation for simplified procedures.
Amendment 152 #
Proposal for a regulation
Article 139 b (new)
Article 139 b (new)
Amendment 153 #
Proposal for a regulation
Article 143
Article 143
Amendment 163 #
3. Upon application, within a specific time- limitthree years from the date of acceptance, the amendment of the customs declaration may be authorised after release of the goods.
Amendment 167 #
Proposal for a regulation
Article 179
Article 179
The Commission shall be empowered to adopt delegated acts in accordance with Article 243, specifying the rules on the evidence referred to in Article 178(2): (a) the conditions to prove Union status to products of sea-fishing and goods obtained from products of sea-fishing; (b) the situations that customs authorities may waive the requirement to submit proof of Union status; (c) the conditions for transhipment.
Amendment 172 #
Proposal for a regulation
Article 186
Article 186
The Commission shall be empowered to adopt delegated acts in accordance with Article 243 specifying the rules for the discharge referred to in Article 185. with a view to establish more detailed rules on the procedure regarding the discharge of the procedure, specifying: (a) the conditions for discharge of the special procedure; (b) the time-limit for discharge; and (c) the form of the bill of discharge.
Amendment 173 #
Proposal for a regulation
Article 193 - paragraph 2
Article 193 - paragraph 2
2. In certain cases Union goodsWhere Union goods are exported to a common transit country or where they are exported and transit the territory of one or more common transit countries and the provisions of the Convention on a common transit procedure apply, they shall be placed under the external Union transit procedure. in any of the following cases: (a) they have undergone customs export formalities with a view to refunds being granted on export to third countries under the common agricultural policy; (b) they have come from intervention stocks, are subject to measures of control as to use and/or destination, and have undergone customs formalities on export to third countries under the common agricultural policy; (c) they are eligible for the repayment or remission of import duties on condition that they are exported from the customs territory of the Union or where Article 81(3) of the Code is applied.
Amendment 177 #
Proposal for a regulation
Article 198 - point b
Article 198 - point b
(b) the rules for the granting of the authorisation for authorised consignor, authorised consignee, the use of special seals and the rules for simplified transit procedures for movements by air and sea referred to in Article 196(4);.
Amendment 180 #
Proposal for a regulation
Article 199 - paragraph 4
Article 199 - paragraph 4
Amendment 185 #
Proposal for a regulation
Article 217 - introductory part
Article 217 - introductory part
The Commission shall be empowered to adopt delegated acts in accordance with Article 243, with a view to establish more detailed rules on the procedure regarding specific use under the temporary admission specifying:
Amendment 186 #
Proposal for a regulation
Article 217 - point a
Article 217 - point a
(a) the specific use referred to in Article 214(1); in the following situations: (i) means of transport, pallets and containers, (ii) personal effects and goods for sports imported by travellers, (iii) welfare material for seafarers, (iv) disaster relief material, (v) medical, surgical and laboratory equipment, (vi) animals, (v) goods for use in frontier zones, (vi) sound, image or data carrying media, publicity material, (vii) professional equipment; (viii) pedagogic material and scientific equipment; (ix) packings; (x) moulds, dies, blocks, drawings, measuring, checking and testing instruments and other similar articles; (xi) special tools and instruments; (xii) goods to carry out tests or subject to tests; (xiii) samples; (xiv) replacement means of production; (xv) goods for events or for sale; (xvi) spare parts, accessories and equipment; (xvii) other goods;
Amendment 187 #
Proposal for a regulation
Article 217 a (new)
Article 217 a (new)
Article 217a Committee procedure The Commission shall adopt by means of implementing acts measures on the time- limits referred to in Article 215(2), to ensure the uniform application of the customs legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 244(4).
Amendment 189 #
Proposal for a regulation
Article 219
Article 219
Amendment 190 #
Proposal for a regulation
Article 224 - paragraph -1 a (new)
Article 224 - paragraph -1 a (new)
-1a. Where uniform conditions for implementing legally binding Union acts are needed, implementing powers shall be conferred on the Commission until 31 December 2014. The conferral of implementing powers referred to in the first subparagraph shall be automatically extended for an indeterminate period.
Amendment 191 #
Proposal for a regulation
Article 228 - paragraph 2 - point c
Article 228 - paragraph 2 - point c
(c) in other cases where duly justified by the type of traffic, kind of goods or required by international agreements.
Amendment 193 #
Proposal for a regulation
Article 228 - paragraph 4
Article 228 - paragraph 4
Amendment 197 #
Proposal for a regulation
Article 236 - paragraph 3 a (new)
Article 236 - paragraph 3 a (new)
3a. The exit summary declaration shall be lodged by one of the following persons: (a) the person who brings the goods, or who assumes responsibility for the carriage of the goods, out of the customs territory of the Union; (b) the exporter or consignor or other person in whose name or on whose behalf the persons referred to in point (a) act; (c) any person who is able to present the goods in question or to have them presented to the competent customs authority.
Amendment 198 #
Proposal for a regulation
Article 236 - paragraph 3 b (new)
Article 236 - paragraph 3 b (new)
3b. The customs authorities may waive the obligation to lodge an exit summary declaration for the cases referred to in point (c) of Article 228(2).
Amendment 199 #
Proposal for a regulation
Article 236 - paragraph 3 c (new)
Article 236 - paragraph 3 c (new)
3c. An exit summary declaration shall be lodged at the customs office of exit. Customs authorities may allow the exit summary declaration to be lodged at another customs office, provided that this office immediately communicates or makes available electronically the necessary particulars to the customs office of exit.
Amendment 200 #
Proposal for a regulation
Article 237 - paragraph 1 - subparagraph 1a (new)
Article 237 - paragraph 1 - subparagraph 1a (new)
However, no amendment shall be possible after any of the following events: (a) the customs authorities have informed the person who lodged the summary declaration that they intend to examine the goods; (b) the customs authorities have established that the particulars in question are incorrect; (c) the customs authorities have already allowed the removal of the goods.
Amendment 201 #
2. The exit summary declaration shall be deemed not to have been lodged when the goods declared have not been brought out of the customs territory of the Union withinafter a specific time-limit after the declaration has been lodgedriod of 150 days from the date of lodging the declaration.
Amendment 202 #
Proposal for a regulation
Article 238
Article 238
The Commission shall be empowered to adopt delegated acts in accordance with Article 243, specifying : (a)upplementing the rules on the procedure for lodging an exit summary declaration; (b) the cases where an amendment to the exit summary declaration, as referred to in Article 237(1), is authorised; (c) the time-limit referred to in Article 237(2), within which an exit summary declaration, is deemed not to have been lodged referred to in Article 236.
Amendment 203 #
Proposal for a regulation
Article 238 a (new)
Article 238 a (new)
Article 238a Conferral of implementing powers In order to ensure uniform conditions for the implementation of the customs legislation, the Commission shall adopt by means of implementing acts measures on: (a) the responsibilities of the customs office of exit with regard to the exit summary declaration; (b) the possibility that customs authorities may, where appropriate in agreement with each other, allow the exit summary declaration to be lodged at another customs office, . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 244(4)
Amendment 204 #
Proposal for a regulation
Article 239 - paragraph 1
Article 239 - paragraph 1
1. Where non-Union goods are brought out of the customs territory of the Union directly from a temporary storage facility or a free zone and no re-export notification or exit summary declaration is required, a re-export advice shall be lodged by the person responsible at the competent customs office.
Amendment 205 #
Proposal for a regulation
Article 239 - paragraph 3 a (new)
Article 239 - paragraph 3 a (new)
3a. The re-export advice shall be lodged by one of the following persons: (a) the person who brings the goods, or who assumes responsibility for the carriage of the goods, out of the customs territory of the Union; (b) the exporter or consignor or other person in whose name or on whose behalf the persons referred to in point (a) act; (c) any person who is able to present the goods in question or to have them presented to the competent customs authority.
Amendment 206 #
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 Regulationuntil 31 December 2014.
Amendment 208 #
Proposal for a regulation
Article 243 - paragraph 2 a (new)
Article 243 - paragraph 2 a (new)
2a. The delegation of powers referred to in paragraph 2 shall be automatically extended for a period of five years. The Commission shall draw up a report in respect of each of the delegated powers and submit it to the European Parliament and to the Council not later than nine months before the end of the five-year period. This report shall evaluate in particular the effects at Union and national level of the delegated acts on economic policies, business, administrative burden, staffing, budgetary, resourcing and capacity to deliver and shall indicate ways in which customs procedures and the application of customs legislation may be innovated and improved. The report shall, where appropriate, be accompanied by proposals for amending the Code and its delegated acts. The delegation of powers shall be either tacitly extended for periods of an identical duration, revoked in accordance with paragraph 3 or extended for a period and under the conditions defined by the European Parliament and the Council.
Amendment 210 #
Proposal for a regulation
Article 243 a (new)
Article 243 a (new)
Article 243a The Commission may authorise one or more Member States, on their request, to test simplifications in the application of the customs legislation. Such pilots shall be open to all Member States and shall be evaluated periodically.
Amendment 211 #
Proposal for a regulation
Article 243 b (new)
Article 243 b (new)
Article 243b The Commission shall adopt decisions referred to in Article 243a by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 244(2).
Amendment 212 #
Proposal for a regulation
Article 244 - paragraph 6
Article 244 - paragraph 6
6. Where the opinion of the committee is to be obtained by written procedure and reference is made to this paragraph, that procedure shall be terminated without result only when, within the time-limit for delivery of the opinion, the chair of the committee so decidesThe written procedure shall be terminated without result where the chair so decides or a committee member so requests. In such a case, the chair shall convene a committee meeting within a reasonable time.
Amendment 213 #
Proposal for a regulation
Article 244 a (new)
Article 244 a (new)
Amendment 215 #
Proposal for a regulation
Article 247 - paragraph 2
Article 247 - paragraph 2
2. Articles other than those referred to in paragraph 1 shall apply on the first day of the first month after 18 months following the date referred to in that paragraph1 January 2017.