17 Amendments of Carlo FIDANZA related to 2023/0156(COD)
Amendment 134 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to provide for effective means of achieving the objectives of the customs union, a number of rules and procedures regulating how goods are brought into or taken out of the customs territory of the Union should be revised and simplifiharmonised. A modern, integrated set of interoperable electronic services should be provided for collecting, processing and exchanging information relevant for implementing customs legislation (European Union Customs Data Hub, ‘EU Customs Data Hub’). A European Union Customs Authority (‘EU Customs Authority’) should be established as a central, operational capacity for the coordinated governance of the customs union in specific areas.
Amendment 190 #
Proposal for a regulation
Article 5 – paragraph 1 – point 12
Article 5 – paragraph 1 – point 12
(12) (12) ‘importer’ means any personthe following: a) a private individual carrying goods to be taken into the customs territory of the Union where these goods are contained in the private individual's personal baggage; b) a person established in the customs territory of the Union, who has the power to determine and has determined that the goods from a third country are to be brought into the customs territory of the Union or,; c) where (b) does not apply, any person established in the customs territory of the Union who is a party to the contract under which goods are to be brought into the customs territory OR agrees to take on this role; d) except otherwise provided, any person who is considered a deemed importer;.
Amendment 195 #
Proposal for a regulation
Article 5 – paragraph 1 – point 14
Article 5 – paragraph 1 – point 14
(14) ‘exporter’ means any person who has the power to determine and has determined that the goods are to be taken out of the customs territory of the Union; private individual carrying goods to be taken out of the customs territory of the Union where these goods are contained in the private individual's personal baggage, or (i) aperson established in the customs territory of the Union, who has the power to determine and has determined that the goods are to be taken out of that customs territory; (ii) where (i) does not apply, any person established inthe customs territory of the Union who is a party to the contract under which goods are to be taken out of that customs territory OR agrees to take on this role.
Amendment 196 #
Proposal for a regulation
Article 5 – paragraph 1 – point 15 a (new)
Article 5 – paragraph 1 – point 15 a (new)
(15 a) (15bis) ‘customs agent’ means a natural person or legal person who acts as a direct or indirect representative.
Amendment 197 #
Proposal for a regulation
Article 5 – paragraph 1 – point 18 –point b
Article 5 – paragraph 1 – point 18 –point b
(b) pose a threat to the security and safety of the Union and itsEU citizens and residents; or
Amendment 228 #
Article 25 – paragraph 1 Proposal for a regulation
1. An importer or exporter or a customs representative, including a customs agent, who is resident or registered in the customs territory of the Union, meets the criteria set out in paragraph 3 and has conducted regular customs operations in the course of that person’s business for at least 3 years, may apply for the status of Trust and Check trader to the customs authority of the Member State where that person is established.
Amendment 256 #
Proposal for a regulation
Article 25 – paragraph 7 – point e a (new)
Article 25 – paragraph 7 – point e a (new)
(e a) (f) to perform centralised clearance in accordance with Article 72.
Amendment 257 #
Proposal for a regulation
Article 25 – paragraph 7 – point e b (new)
Article 25 – paragraph 7 – point e b (new)
(e b) (g) to make entry in the declarant’s records in accordance with Article 73.
Amendment 266 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 3
Article 27 – paragraph 1 – subparagraph 3
An indirect customs representative acting in its own name but on behalf of an importer or an exporter shall be considered the importer or the exporter for the purposes of Articles 20 and 22, respectively, without the obligations referred to in paragraphs 1 of those articles.
Amendment 267 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 3
Article 27 – paragraph 1 – subparagraph 3
An indirect customs representative acting in its own name but on behalf of an importer or an exporter shall be considered must be held jointly and liable withthe importer or the exporter for the purposes of Articles 20 and 22, respectivelycustoms procedures.
Amendment 268 #
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 2
Article 27 – paragraph 2 – subparagraph 2
Except where otherwise provided, that requirement shall be waived where the customs representative acts on behalf of persons who are not required to be established within the customs territory of the Union. Persons established in the custom territory of the Union that decide to take on the role of importers or exporters can act intheir own name and on their own behalf, or appoint a direct or indirect customs representative.
Amendment 270 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A customs representative having the status of Trust and Check trader shall only be recognised as such when acting as indirect representative. When acting as a direct representative, the customs representative may be recognised as Trust and Check traddirect or indirect representative, regardless of whether ifthe person in whose name and on whose behalf that representative is acting has been granted such Trust and Check traderstatus.
Amendment 271 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A cCustoms representatives having the status of Trust and Check trader shall only be recognised as such when , regardless whetheracting as indirect representative. When acting as a direct representative, the customs representative may be recognised as Trust and Check trader if the person in whose nameand on whose behalf that representative is acting has been granted such statuor indirect representative, shall be able to offer customs servicesalso in other Member States of the Union, and their customers will benefit from their simplifications granted bythe customs authorities.
Amendment 272 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The Commission shall determine, in accordance with Union law, the conditions under which a customs representative may provide services in the customs territory of the Union and individual Member States shall determine, in accordance with EU law, the conditions and requirements under which customs representatives may provide services in the Member State of establishment.
Amendment 273 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The Commission shallMember States may determine, in accordance with Union law, the conditions under which a customs representative may provide services in the customs territory of the Unions, without the status of Trust and Check trader, may provide services in the Member State where they are established.
Amendment 345 #
Article 86 – paragraph 5
5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than 390 days after the notification of their arrival or no later than 6 days after the notification of their arrival in the case of an authorised consignee as referred to in Article 116(4), point (b),unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extended.
Amendment 351 #
Proposal for a regulation
Article 119 – paragraph 1
Article 119 – paragraph 1
1. TOnce the functionalities of the EU Customs Data Hub laid down in Article 29 are fully operational, the operator of a customs warehouse or a free zone shall be required to provide or make available to the customs authorities the minimum data necessary for the application of the provisions governing the storage of the goods located therein, in particular the data referred to in Article 118(2), point (a), the customs status of the goods placed under the storage procedure and the subsequent movements of those goods.