[ParlTrack]

Virginie ROZIÈRE, Evelyne GEBHARDT, Kerstin WESTPHAL

Proposal for a directive
Article 3 – title

~~Strict liability~~Minor customs infringements

2016/03/17
Committee: IMCO

Virginie ROZIÈRE, Evelyne GEBHARDT, Kerstin WESTPHAL

Proposal for a directive
Article 3 – introductory part

Member States shall ensure that the following acts or omissions constitute minor customs infringements ~~irrespective of any element of fault~~:

2016/03/17
Committee: IMCO

Virginie ROZIÈRE, Evelyne GEBHARDT, Kerstin WESTPHAL

Proposal for a directive
Article 3 – point c c (new)

(cc) failure of the holder of a decision relating to the application of customs legislation to comply with the obligations resulting from that decision in accordance with Article 23(1) of the Code;

2016/03/17
Committee: IMCO

Virginie ROZIÈRE, Evelyne GEBHARDT, Kerstin WESTPHAL

Proposal for a directive
Article 4

Customs infringements committed by Member States shall ensure that the following acts or omissions constitute customs infringements where committed by negligence: (a) failure of the economic operator responsible for non-Union goods which are in temporary storage to place those goods under a customs procedure or to re- export them within the time limit in accordance with Article 149 of the Code; (b) failure of the economic operator to provide customs authorities with all the assistance necessary for the completion of the customs formalities or controls in accordance with Article 15(1) of the Code; (c) failure of the holder of a decision relating to the application of customs legislation to comply with the obligations resulting from that decision in accordance with Article 23(1) of the Code; (d) failure of the holder of a decision relating to the application of customs legislation to inform the customs authorities without delay of any factor arising after the decision was taken by those authorities which influences its continuation or content in accordance with Article 23(2) of the Code; (e) failure of the economic operator to present the goods brought into the customs territory of the Union to the customs authorities in accordance with Article 139 of the Code; (f) failure of the holder of the Union transit procedure to present the goods intact at the customs office of destination within the prescribed time limit in accordance with Article 233(1)(a) of the Code; (g) failure of the economic operator to present the goods brought into a free zone to customs in accordance with Article 245 of the Code; (h) failure of the economic operator to present the goods to be taken out of the customs territory of the Union to customs on exit in accordance with Article 267(2) of the Code; (i) unloading or trans-shipping of goods from the means of transport carrying them without authorisation granted by the customs authorities or in places not designated or approved by those authorities in accordance with Article 140 of the Code; (j) storage of goods in temporary storage facilities or customs warehouses without authorisation granted by the customs authorities in accordance with Articles 147 and 148; (k) failure of the holder of the authorisation or the holder of the procedure to fulfil the obligations arising from the storage of goods covered by the customs warehousing procedure in accordance with points (a) and (b) of Article 242(1) of the Code.Article 4 deleted negligence

2016/03/17
Committee: IMCO

Virginie ROZIÈRE, Evelyne GEBHARDT, Kerstin WESTPHAL

Proposal for a directive
Article 5 – title

CSerious customs infringements ~~committed intentionally~~

2016/03/17
Committee: IMCO

Virginie ROZIÈRE, Evelyne GEBHARDT, Kerstin WESTPHAL

Proposal for a directive
Article 5 – introductory part

Member States shall ensure that the following acts or omissions constitute serious customs infringements ~~where committed intentionally~~:

2016/03/17
Committee: IMCO

6 Amendments of Kerstin WESTPHAL related to 2013/0432(COD)

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