BETA

Awaiting Council 1st reading position / budgetary conciliation convocation



2013/0432(COD) Union legal framework for customs infringements and sanctions
RoleCommitteeRapporteurShadows
Opinion CONT
Opinion ECON
Lead IMCO KALLAS Kaja (ALDE) METSOLA Roberta (EPP), ROZIÈRE Virginie (S&D), DALTON Daniel (ECR), MAŠTÁLKA Jiří (GUE/NGL), REDA Julia (Verts/ALE), BEGHIN Tiziana (EFD)
Lead IMCO LE GRIP Constance (PPE), GEBHARDT Evelyne (S&D)
Opinion INTA PROUST Franck (EPP)
Opinion INTA
Opinion JURI
Opinion JURI VOSS Axel (EPP)
Lead committee dossier: IMCO/8/00290
Legal Basis RoP 059-p4, TFEU 033

Activites

  • 2017/07/05 Decision by Parliament, 1st reading/single reading
    • T8-0300/2017 summary
  • 2016/10/25 Matter referred back to the committee responsible
  • 2016/10/25 Results of vote in Parliament
    • Results of vote in Parliament
    • T8-0400/2016 summary
  • 2016/10/24 Debate in Parliament
  • 2016/07/19 Committee report tabled for plenary, 1st reading/single reading
    • A8-0239/2016 summary
  • 2016/07/14 Vote in committee, 1st reading/single reading
  • 2014/01/13 Committee referral announced in Parliament, 1st reading/single reading
  • 2013/12/13 Legislative proposal published
    • COM(2013)0884 summary
    • DG {'url': 'http://ec.europa.eu/info/departments/taxation-and-customs-union_en', 'title': 'Taxation and Customs Union'}, MOSCOVICI Pierre

Documents

AmendmentsDossier
168 2013/0432(COD)
2016/03/17 IMCO 141 amendments...
source: 578.842
2016/03/22 INTA 27 amendments...
source: 580.426

History

(these mark the time of scraping, not the official date of the change)

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  • The European Parliament adopted, without a vote, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the Union legal framework for customs infringements and sanctions.

    The report was referred back to committee on 25 October 2016 for interinstitutional negotiations.

    Parliament adopted the position reached at first reading on 25 October 2016, following the ordinary legislative procedure.

    For details of the position adopted by Parliament, see the summary dated 25 October 2016.

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  • The Committee on the Internal Market and Consumer Protection adopted the report by Kaja KALLAS (ADLE, EE) on the proposal for a directive of the European Parliament and of the Council on the Union legal framework for customs infringements and sanctions.

    The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows:

    Legal basis: Member States considered that Article 114 on the establishment and the functioning of the internal market, and also part of the legal basis of the Union Customs Code, should be added to the legal basis of this Directive.

    Subject matter and scope: the Directive shall provide for the imposition of non-criminal sanctions for those infringements by approximating the provisions laid down by law, regulation or administrative action in the Member States.

    Moreover, it shall cover the obligations of the Member States towards the trading partners of the European Union, as well as the World Trade Organization and the World Customs Organization, with a view to establishing a homogeneous and effective internal market while facilitating trade and providing certainty.

    Member States may provide for the imposition of criminal sanctions, in accordance with national laws and Union law, instead of non-criminal sanctions where the nature and gravity of the infringement in question so requires in order for the sanction imposed to be dissuasive, effective and proportionate.

    The scope of the Directive has been clarified to ensure that only infringements committed by negligence or intentionally constitute infringements, thereby removing the strict liability element which does not require a degree of fault. It also strengthens reference to the legal doctrine that no person should be penalised twice for the same offence.

    Trade facilitation: Members proposed that Member States shall work together to set up a cooperation system including all Member States. That system shall aim at: (i) coordinating key performance indicators regarding customs sanctions; (ii) disseminating best practice among customs services; (iii) passing on the experiences of economic operators and creating links between them; (iv) monitoring the way in which customs services perform their activities; (v) performing statistical work on infringements committed by companies from third countries.

    Customs infringements: Members proposed adding to the list of infringements the acts and omissions such as:

    • failure of an economic operator to supply, in response to a request by the customs authorities, the requisite documents and information in an appropriate form and within a reasonable time and to provide all the assistance necessary for the completion of the customs formalities or controls;
    • 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 taking of a decision by those authorities which influences its continuation or content;
    • 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;
    • 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;
    • storage of goods in temporary storage facilities or customs warehouses without authorisation granted by the customs authorities;
    • providing customs authorities with false information or documents;
    • the use of inaccurate or incomplete information or inauthentic, inaccurate or invalid documents by an authorised economic operator in accordance with Article 38 of the Code;
    • processing of goods in a customs warehouse without an authorisation granted by the customs authorities.

    Serious and minor infringements: Members listed the factors and the circumstances to be taken into account to determine whether an infringement is minor or if it’s serious.

    Non-criminal sanctions for customs infringements:

    Non-criminal sanctions for minor customs infringements: Member States shall ensure that effective, proportionate and dissuasive sanctions are imposed, in addition to recovering the duties evaded, for the customs infringements within the following limits:

    • where the customs infringement is linked to the duties evaded, a pecuniary fine of up to 70 % of the duties evaded;
    • where the customs infringement is not linked to the duties evaded, a pecuniary fine of up to EUR 7 500.

    Non-criminal sanctions for serious customs infringements: Member States shall ensure that effective, proportionate, dissuasive and non-criminal sanctions are imposed within the following limits:

    • where the customs infringement is linked to the duties evaded, a pecuniary fine of between 70% and 140 % of the duties evaded; 
    • where the customs infringement is linked not to the duties evaded but to the value of the goods, a pecuniary fine of between 15% and 30% of the value of the goods;
    • where the customs infringement is linked neither to the duties evaded nor to the value of the goods, a pecuniary fine of between EUR 7 500 and EUR 45 000.

    Other non-criminal sanctions for serious infringements include the following non-pecuniary sanctions where a serious infringement is committed: (a) permanent or temporary confiscation of the goods; (b) suspension of an authorisation which has been granted.

    Review: the amounts of the fines applicable to customs infringements shall be reviewed by the Commission, together with the competent authorities of the Member States, five years from the date of entry into force of this Directive.

    In addition, each year the Commission shall publish details of the sanctions imposed by the Member States for the customs infringements.

    Settlement: Member States shall ensure the possibility of a settlement as a procedure allowing the competent authorities to enter into an agreement with the person responsible for the infringement in order to settle the matter of a customs infringement as an alternative to the initiation or pursuit of judicial proceedings, in return for acceptance by that person of an immediately enforceable sanction.

    Limitation period: Member States should ensure that the limitation period is interrupted by an act relating to investigations or legal proceedings concerning the same customs infringement, or by an act on the part of the person responsible for the infringement. It should be possible for Member States to lay down cases in which that period is suspended. Any proceedings should be time-barred, irrespective of any interruption of the limitation period, after the expiry of a period of eight years, while the limitation period for the enforcement of a sanction should be three years.

    Guidelines and publications: Member States shall ensure that guidelines and publications on how to comply and continue to comply with Union customs legislation are made available to interested parties in an easily accessible, understandable and up-to-date form.

    Moreover, Member States shall send to the Commission statistics regarding infringements and showing which sanctions were imposed as a result of those infringements, in order to enable the Commission to assess the application of this Directive.

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  • PURPOSE: to establish a framework for breaches of the Union’s Customs legislation and provide for penalties applicable where they are infringements.

    PROPOSED ACT: Directive of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: despite the fact that customs legislation is fully harmonised, its enforcement and the lawful imposition of sanctions lie within the ambit of Member States' national law.

    A Project Group established by the Commission with 24 Member States, under the Customs 2013 Program analysed the 24 national regimes for customs infringements and related sanctions and reported back to the Commission.

    Several substantial differences were noted regarding Member States' customs infringements and sanctions systems.

    Within the European Union, the different enforcement of customs legislation makes the effective management of the customs union harder. For economic operators, the differences in the treatment of infringements of Union customs legislation have an impact on the level playing field, thus providing an advantage for those who breach the law in a Member State with lenient legislation for customs sanctions.

    A major overhaul of this Code was carried out in Regulation (EC) No 450/2008 (Modernised Customs Code), now recast and repealed by Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (UCC).

    This harmonised customs legislation needs to be strengthened with common rules regarding its enforcement. The need to take some steps in this direction has already been pointed out by the European Parliament in two reports, one from 2008 and another from 2011.

    IMPACT ASSESSMENT: the impact assessment concludes that the preferred option is a legislative measure that would identify customs obligations to which special protection should be given through the establishment of non-criminal sanctions for any breaches of such obligations.

    CONTENT: the proposal sets a common legal framework for the treatment of customs infringements and sanctions. It aims to bridge the gap between different legal regimes through a common platform of rules and thus contribute to an equal treatment between economic operators in the EU, as well as the effective protection of the Union's financial interests and law enforcement in the field of customs.

    Specifically, the proposal:

    • includes a common list of different infringements (strict liability, committed with negligence and committed with intent) that breach the rules of the Union Customs Code;
    • establishes a common scale of effective proportionate and dissuasive sanctions linked to the infringements and sets out relevant circumstances that should be taken into account by the competent authorities from Member States when determining the type and level of sanctions for customs infringements;
    • defines certain cases where behaviour falling within the categories defined as strict liability infringements shall not be considered as such when they are due to an error on the part of the competent customs authorities;
    • deals with the liability of persons playing a relevant role in the commission of customs infringements with intent (including legal persons), stating an equivalent treatment to that of the persons committing the infringement to those inciting, aiding or abetting these infringements;
    • includes some necessary procedural provisions in order to avoid overlap of sanctions for the same facts and persons: the time limit within the competent authorities must initiate the procedure against the person responsible of the infringement; the possibility of suspending the sanctioning proceeding in those cases where criminal proceedings are being carried out with regard to the same facts; territorial competence by defining which Member State is considered competent to deal with the case when the infringement involves more than one Member State.
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activities/0/docs/3/url
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=0884
activities
  • date: 2013-12-13T00:00:00 docs: type: Legislative proposal published title: COM(2013)0884 type: Legislative proposal body: EC commission:
committees
  • body: EP responsible: False committee_full: Budgetary Control committee: CONT
  • body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON
  • body: EP responsible: True committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: False committee_full: International Trade committee: INTA
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
links
European Commission
other
    procedure
    reference
    2013/0432(COD)
    title
    Union legal framework for customs infringements and sanctions
    legal_basis
    Treaty on the Functioning of the EU TFEU 033
    stage_reached
    Preparatory phase in Parliament
    subtype
    Legislation
    instrument
    Directive
    type
    COD - Ordinary legislative procedure (ex-codecision procedure)
    subject