BETA


2016/0229(COD) Union Customs Code: goods that have temporarily left the customs territory by sea or air

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead IMCO GRAPINI Maria (icon: S&D S&D) JUVIN Philippe (icon: PPE PPE), DALTON Daniel (icon: ECR ECR), KALLAS Kaja (icon: ALDE ALDE), REDA Julia (icon: Verts/ALE Verts/ALE), IWASZKIEWICZ Robert Jarosław (icon: EFDD EFDD)
Committee Opinion INTA
Lead committee dossier:
Legal Basis:
TFEU 207

Events

2016/12/23
   Final act published in Official Journal
Details

PURPOSE: to amend the Union Customs Code as regards goods that have temporarily left the customs territory of the Union by sea or air in order to ensure effective customs supervision.

LEGISLATIVE ACT: Regulation (EU) 2016/2339 of the European Parliament and of the Council amending Regulation (EU) No 952/2013 laying down the Union Customs Code, as regards goods that have temporarily left the customs territory of the Union by sea or air.

CONTENT: this Regulation amends the Union Customs Code in order to improve customs supervision for goods that have temporarily left the EU's customs territory while moving between two Union ports or airports, without stopping outside the EU's customs territory.

The Regulation seeks to ensure the correct application of Regulation (EU) No 952/2013 . It amends Article 136 UCC in order to ensure the effective application of other UCC provisions, notably those on customs supervision by establishing a distinction between the situation of non-Union and Union goods.

Under the Regulation, the only provisions not applying when non-Union goods re-enter the Union customs territory after having temporarily left it by direct sea or air route, should be:

the rules governing the obligation to lodge the entry summary declaration (Articles 127 to 130 UCC); the rules governing the obligation to notify the arrival of a sea-going vessel or aircraft to the customs office of first entry to the Union customs territory (Article 133 UCC).

By contrast, the provisions governing the obligation to convey the goods to a certain place, to present them to customs upon unloading or transhipment, to wait for authorisation before unloading or transhipping, and the provisions on temporary storage should apply in these situations, thereby allowing appropriate customs supervision.

The situation should be similar for Union goods whose status needs to be proven pursuant to Article 153(2) UCC, to the extent that the customs authorities must be able to check the proof of their Union status.

ENTRY INTO FORCE: 24.12.2016.

2016/12/14
   CSL - Draft final act
Documents
2016/12/14
   CSL - Final act signed
2016/12/12
   EP - End of procedure in Parliament
2016/12/08
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2016/12/08
   CSL - Council Meeting
2016/12/01
   EP - Results of vote in Parliament
2016/12/01
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 621 votes to 20, with 2 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 952/2013 laying down the Union Customs Code, as regards goods that have temporarily left the customs territory of the Union by sea or air.

Parliament adopted its position at first reading following the ordinary legislative procedure by approving the Commission proposal unamended.

As a reminder, Article 136 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (UCC) excludes the application of certain provisions of that Regulation to goods that have temporarily left the customs territory of the Union while moving between two Union ports or airports without stopping outside the Union.

Those provisions are the rules governing: (i) the obligation to lodge the entry summary declaration, (ii) the obligation to notify the arrival of a sea-going vessel or an aircraft, (iii) the obligation to convey the goods to certain places and to present them to the customs authorities at the point in which they are unloaded or transhipped, and (iv) temporary storage.

The proposal aims to modify Article 136 UCC in order to ensure the effective application of other UCC provisions , notably those on customs supervision by establishing a distinction between the situation of non-Union and Union goods.

Under the proposal, the only provisions not applying when non-Union goods re-enter the Union customs territory after having temporarily left it by direct sea or air route, should be:

the rules governing the obligation to lodge the entry summary declaration (Articles 127 to 130 UCC); the rules governing the obligation to notify the arrival of a sea-going vessel or aircraft to the customs office of first entry to the Union customs territory (Article 133 UCC).

By contrast, the provisions governing the obligation to convey the goods to a certain place, to present them to customs upon unloading or transhipment, to wait for authorisation before unloading or transhipping, and the provisions on temporary storage should apply in these situations, thereby allowing appropriate customs supervision.

The situation should be similar for Union goods whose status needs to be proven pursuant to Article 153(2) UCC, to the extent that the customs authorities must be able to check the proof of their Union status.

Documents
2016/11/14
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on the Internal Market and Consumer Protection adopted the report by Maria GRAPINI (S&D, RO) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 952/2013 laying down the Union Customs Code, as regards goods that have temporarily left the customs territory of the Union by sea or air.

The committee recommended that Parliament adopt its position in first reading, taking over the Commission proposal.

To recall, Article 136 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (UCC) excludes the application of certain provisions of that Regulation to goods that have temporarily left the customs territory of the Union while moving between two Union ports or airports without stopping outside the Union.

Those provisions are the rules governing: (i) the obligation to lodge the entry summary declaration, (ii) the obligation to notify the arrival of a sea-going vessel or an aircraft, (iii) the obligation to convey the goods to certain places and to present them to the customs authorities at the point in which they are unloaded or transhipped, and (iv) temporary storage.

As a result, there is no clear legal basis for requiring the presentation of the goods that are unloaded or transhipped at the point where the goods re-enter the customs territory of the Union after having temporarily left it. In absence of a clear legal basis to require presentation of these goods to the customs authorities, it is more difficult for customs authorities to ensure the supervision of those goods.

The current proposal to amend Article 136 is aimed at closing this gap and thereby ensuring equal treatment of goods and providing again the legal basis that was already established through the old customs code.

Documents
2016/11/10
   EP - Vote in committee, 1st reading
2016/09/26
   EP - GRAPINI Maria (S&D) appointed as rapporteur in IMCO
2016/09/12
   EP - Committee referral announced in Parliament, 1st reading
2016/07/19
   EC - Legislative proposal published
Details

PURPOSE: to amend Regulation (EU) No 952/2013 laying down the Union Customs Code, as regards goods that have temporarily left the customs territory of the Union by sea or air in order to ensure effective customs supervision.

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

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: with a view to facilitating trade flows, Article 136 of Regulation (EU) No 952/2013 excludes the application of certain provisions of that Regulation to goods that have temporarily left the customs territory of the Union while moving between two Union ports or airports without stopping outside the Union.

Those provisions are the rules governing the obligation to lodge the entry summary declaration, the rules governing the obligation to notify the arrival of a sea-going vessel or an aircraft, the rules governing the obligation to convey the goods to certain places and to present them to the customs authorities at the point in which they are unloaded or transhipped, and the rules governing temporary storage.

As a result, there is no legal basis for requiring the presentation of the goods that are unloaded or transhipped at the point where the goods re-enter the customs territory of the Union after having temporarily left it. Without presentation, it may be more difficult for customs authorities to ensure the supervision of those goods, and there is a risk both, that import duty and other charges are not correctly levied, and that non-fiscal measures such as veterinary and phytosanitary controls are not properly applied.

CONTENT: the proposal aims to modify Article 136 UCC in order to ensure the effective application of other UCC provisions, notably those on customs supervision .

Under the proposal, the only provisions not applying when non-Union goods re-enter the Union customs territory after having temporarily left it by direct sea or air route, should be:

the rules governing the obligation to lodge the entry summary declaration (Articles 127 to 130 UCC) and (2) The rules governing the obligation to notify the arrival of a sea-going vessel or aircraft to the customs office of first entry to the Union customs territory (Article 133 UCC). by contrast, the provisions governing the obligation to convey the goods to a certain place, to present them to customs upon unloading or transhipment, to wait for authorisation before unloading or transhipping, and the provisions on temporary storage should apply in these situations, thereby allowing appropriate customs supervision.

The situation should be similar for Union goods whose status needs to be proven pursuant to Article 153(2) UCC, to the extent that the customs authorities must be able to check the proof of their Union status.

Lastly, the rules governing the obligation to present the goods to customs upon unloading or transhipment and the obligation to wait for authorisation before unloading or transhipping the goods should not apply to Union goods that have retained their status by virtue of the Regulation having regard to the fact that, even if the goods have temporarily left the Union customs territory, their status has not been altered and does not need to be proven.

This amendment should enter into force as soon as possible so as to contribute to effective customs supervision.

Documents

Activities

Votes

A8-0329/2016 - Maria Grapini - Vote unique #

2016/12/01 Outcome: +: 621, -: 20, 0: 2
DE IT FR PL ES GB RO NL BE PT CZ BG AT HU FI SE EL SK HR IE LT DK SI LV EE MT LU CY
Total
80
64
62
49
42
58
24
23
21
20
17
16
16
16
13
16
18
12
11
10
9
9
8
7
6
6
5
4
icon: PPE PPE
189

Estonia PPE

For (1)

1

Luxembourg PPE

2
icon: S&D S&D
164

Netherlands S&D

2
3

Croatia S&D

2

Ireland S&D

For (1)

1

Slovenia S&D

For (1)

1

Latvia S&D

1

Estonia S&D

For (1)

1

Malta S&D

3

Luxembourg S&D

For (1)

1

Cyprus S&D

2
icon: ALDE ALDE
63

United Kingdom ALDE

1

Romania ALDE

3

Austria ALDE

For (1)

1

Sweden ALDE

2

Croatia ALDE

2

Ireland ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Latvia ALDE

1

Estonia ALDE

3

Luxembourg ALDE

For (1)

1
icon: ECR ECR
64

Italy ECR

2

Romania ECR

For (1)

1

Netherlands ECR

2

Czechia ECR

2

Bulgaria ECR

2
2

Greece ECR

For (1)

1

Croatia ECR

For (1)

1

Latvia ECR

For (1)

1

Cyprus ECR

1
icon: Verts/ALE Verts/ALE
42
4

United Kingdom Verts/ALE

5

Netherlands Verts/ALE

2

Belgium Verts/ALE

2

Austria Verts/ALE

3

Hungary Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Sweden Verts/ALE

3

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
38

France GUE/NGL

2

United Kingdom GUE/NGL

1

Netherlands GUE/NGL

3

Portugal GUE/NGL

3

Czechia GUE/NGL

2

Finland GUE/NGL

For (1)

1

Sweden GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Cyprus GUE/NGL

1
icon: ENF ENF
35

Germany ENF

For (1)

1
2

United Kingdom ENF

Against (1)

1

Romania ENF

1

Netherlands ENF

3

Belgium ENF

For (1)

1
icon: EFDD EFDD
33

Germany EFDD

Abstain (1)

1

France EFDD

1

Poland EFDD

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: NI NI
14

Germany NI

1

Italy NI

1

France NI

2

Poland NI

1

United Kingdom NI

For (1)

Against (2)

3

Hungary NI

For (1)

1

History

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

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  • date: 2016-12-01T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=27816&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0457 type: Decision by Parliament, 1st reading/single reading title: T8-0457/2016 body: EP type: Results of vote in Parliament
  • date: 2016-12-08T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 3507
  • date: 2016-12-08T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2016-12-12T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2016-12-14T00:00:00 body: CSL type: Final act signed
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commission
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events
  • date: 2016-07-19T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0477/COM_COM(2016)0477_EN.pdf title: COM(2016)0477 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0477 title: EUR-Lex summary: PURPOSE: to amend Regulation (EU) No 952/2013 laying down the Union Customs Code, as regards goods that have temporarily left the customs territory of the Union by sea or air in order to ensure effective customs supervision. PROPOSED ACT: Regulation of the Council and the European Parliament. 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: with a view to facilitating trade flows, Article 136 of Regulation (EU) No 952/2013 excludes the application of certain provisions of that Regulation to goods that have temporarily left the customs territory of the Union while moving between two Union ports or airports without stopping outside the Union. Those provisions are the rules governing the obligation to lodge the entry summary declaration, the rules governing the obligation to notify the arrival of a sea-going vessel or an aircraft, the rules governing the obligation to convey the goods to certain places and to present them to the customs authorities at the point in which they are unloaded or transhipped, and the rules governing temporary storage. As a result, there is no legal basis for requiring the presentation of the goods that are unloaded or transhipped at the point where the goods re-enter the customs territory of the Union after having temporarily left it. Without presentation, it may be more difficult for customs authorities to ensure the supervision of those goods, and there is a risk both, that import duty and other charges are not correctly levied, and that non-fiscal measures such as veterinary and phytosanitary controls are not properly applied. CONTENT: the proposal aims to modify Article 136 UCC in order to ensure the effective application of other UCC provisions, notably those on customs supervision . Under the proposal, the only provisions not applying when non-Union goods re-enter the Union customs territory after having temporarily left it by direct sea or air route, should be: the rules governing the obligation to lodge the entry summary declaration (Articles 127 to 130 UCC) and (2) The rules governing the obligation to notify the arrival of a sea-going vessel or aircraft to the customs office of first entry to the Union customs territory (Article 133 UCC). by contrast, the provisions governing the obligation to convey the goods to a certain place, to present them to customs upon unloading or transhipment, to wait for authorisation before unloading or transhipping, and the provisions on temporary storage should apply in these situations, thereby allowing appropriate customs supervision. The situation should be similar for Union goods whose status needs to be proven pursuant to Article 153(2) UCC, to the extent that the customs authorities must be able to check the proof of their Union status. Lastly, the rules governing the obligation to present the goods to customs upon unloading or transhipment and the obligation to wait for authorisation before unloading or transhipping the goods should not apply to Union goods that have retained their status by virtue of the Regulation having regard to the fact that, even if the goods have temporarily left the Union customs territory, their status has not been altered and does not need to be proven. This amendment should enter into force as soon as possible so as to contribute to effective customs supervision.
  • date: 2016-09-12T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2016-11-10T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-11-14T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0329&language=EN title: A8-0329/2016 summary: The Committee on the Internal Market and Consumer Protection adopted the report by Maria GRAPINI (S&D, RO) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 952/2013 laying down the Union Customs Code, as regards goods that have temporarily left the customs territory of the Union by sea or air. The committee recommended that Parliament adopt its position in first reading, taking over the Commission proposal. To recall, Article 136 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (UCC) excludes the application of certain provisions of that Regulation to goods that have temporarily left the customs territory of the Union while moving between two Union ports or airports without stopping outside the Union. Those provisions are the rules governing: (i) the obligation to lodge the entry summary declaration, (ii) the obligation to notify the arrival of a sea-going vessel or an aircraft, (iii) the obligation to convey the goods to certain places and to present them to the customs authorities at the point in which they are unloaded or transhipped, and (iv) temporary storage. As a result, there is no clear legal basis for requiring the presentation of the goods that are unloaded or transhipped at the point where the goods re-enter the customs territory of the Union after having temporarily left it. In absence of a clear legal basis to require presentation of these goods to the customs authorities, it is more difficult for customs authorities to ensure the supervision of those goods. The current proposal to amend Article 136 is aimed at closing this gap and thereby ensuring equal treatment of goods and providing again the legal basis that was already established through the old customs code.
  • date: 2016-12-01T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27816&l=en title: Results of vote in Parliament
  • date: 2016-12-01T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0457 title: T8-0457/2016 summary: The European Parliament adopted by 621 votes to 20, with 2 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 952/2013 laying down the Union Customs Code, as regards goods that have temporarily left the customs territory of the Union by sea or air. Parliament adopted its position at first reading following the ordinary legislative procedure by approving the Commission proposal unamended. As a reminder, Article 136 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (UCC) excludes the application of certain provisions of that Regulation to goods that have temporarily left the customs territory of the Union while moving between two Union ports or airports without stopping outside the Union. Those provisions are the rules governing: (i) the obligation to lodge the entry summary declaration, (ii) the obligation to notify the arrival of a sea-going vessel or an aircraft, (iii) the obligation to convey the goods to certain places and to present them to the customs authorities at the point in which they are unloaded or transhipped, and (iv) temporary storage. The proposal aims to modify Article 136 UCC in order to ensure the effective application of other UCC provisions , notably those on customs supervision by establishing a distinction between the situation of non-Union and Union goods. Under the proposal, the only provisions not applying when non-Union goods re-enter the Union customs territory after having temporarily left it by direct sea or air route, should be: the rules governing the obligation to lodge the entry summary declaration (Articles 127 to 130 UCC); the rules governing the obligation to notify the arrival of a sea-going vessel or aircraft to the customs office of first entry to the Union customs territory (Article 133 UCC). By contrast, the provisions governing the obligation to convey the goods to a certain place, to present them to customs upon unloading or transhipment, to wait for authorisation before unloading or transhipping, and the provisions on temporary storage should apply in these situations, thereby allowing appropriate customs supervision. The situation should be similar for Union goods whose status needs to be proven pursuant to Article 153(2) UCC, to the extent that the customs authorities must be able to check the proof of their Union status.
  • date: 2016-12-08T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2016-12-12T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2016-12-14T00:00:00 type: Final act signed body: CSL
  • date: 2016-12-23T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to amend the Union Customs Code as regards goods that have temporarily left the customs territory of the Union by sea or air in order to ensure effective customs supervision. LEGISLATIVE ACT: Regulation (EU) 2016/2339 of the European Parliament and of the Council amending Regulation (EU) No 952/2013 laying down the Union Customs Code, as regards goods that have temporarily left the customs territory of the Union by sea or air. CONTENT: this Regulation amends the Union Customs Code in order to improve customs supervision for goods that have temporarily left the EU's customs territory while moving between two Union ports or airports, without stopping outside the EU's customs territory. The Regulation seeks to ensure the correct application of Regulation (EU) No 952/2013 . It amends Article 136 UCC in order to ensure the effective application of other UCC provisions, notably those on customs supervision by establishing a distinction between the situation of non-Union and Union goods. Under the Regulation, the only provisions not applying when non-Union goods re-enter the Union customs territory after having temporarily left it by direct sea or air route, should be: the rules governing the obligation to lodge the entry summary declaration (Articles 127 to 130 UCC); the rules governing the obligation to notify the arrival of a sea-going vessel or aircraft to the customs office of first entry to the Union customs territory (Article 133 UCC). By contrast, the provisions governing the obligation to convey the goods to a certain place, to present them to customs upon unloading or transhipment, to wait for authorisation before unloading or transhipping, and the provisions on temporary storage should apply in these situations, thereby allowing appropriate customs supervision. The situation should be similar for Union goods whose status needs to be proven pursuant to Article 153(2) UCC, to the extent that the customs authorities must be able to check the proof of their Union status. ENTRY INTO FORCE: 24.12.2016. docs: title: Regulation 2016/2339 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016R2339 title: OJ L 354 23.12.2016, p. 0032 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:354:TOC
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  • body: EC dg: url: http://ec.europa.eu/taxation_customs/index_en.htm title: Taxation and Customs Union commissioner: MOSCOVICI Pierre
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  • IMCO/8/07282
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  • 6.20.04 Union Customs Code, tariffs, preferential arrangements, rules of origin
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  • The European Parliament adopted by 621 votes to 20, with 2 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 952/2013 laying down the Union Customs Code, as regards goods that have temporarily left the customs territory of the Union by sea or air.

    Parliament adopted its position at first reading following the ordinary legislative procedure by approving the Commission proposal unamended.

    As a reminder, Article 136 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (UCC) excludes the application of certain provisions of that Regulation to goods that have temporarily left the customs territory of the Union while moving between two Union ports or airports without stopping outside the Union.

    Those provisions are the rules governing: (i) the obligation to lodge the entry summary declaration, (ii) the obligation to notify the arrival of a sea-going vessel or an aircraft, (iii) the obligation to convey the goods to certain places and to present them to the customs authorities at the point in which they are unloaded or transhipped, and (iv) temporary storage.

    The proposal aims to modify Article 136 UCC in order to ensure the effective application of other UCC provisions, notably those on customs supervision by establishing a distinction between the situation of non-Union and Union goods.

    Under the proposal, the only provisions not applying when non-Union goods re-enter the Union customs territory after having temporarily left it by direct sea or air route, should be: 

    • the rules governing the obligation to lodge the entry summary declaration (Articles 127 to 130 UCC);
    • the rules governing the obligation to notify the arrival of a sea-going vessel or aircraft to the customs office of first entry to the Union customs territory (Article 133 UCC). 

    By contrast, the provisions governing the obligation to convey the goods to a certain place, to present them to customs upon unloading or transhipment, to wait for authorisation before unloading or transhipping, and the provisions on temporary storage should apply in these situations, thereby allowing appropriate customs supervision.

    The situation should be similar for Union goods whose status needs to be proven pursuant to Article 153(2) UCC, to the extent that the customs authorities must be able to check the proof of their Union status.

activities/4/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0457 type: Decision by Parliament, 1st reading/single reading title: T8-0457/2016
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  • The Committee on the Internal Market and Consumer Protection adopted the report by Maria GRAPINI (S&D, RO) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 952/2013 laying down the Union Customs Code, as regards goods that have temporarily left the customs territory of the Union by sea or air.

    The committee recommended that Parliament adopt its position in first reading, taking over the Commission proposal.

    To recall, Article 136 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (UCC) excludes the application of certain provisions of that Regulation to goods that have temporarily left the customs territory of the Union while moving between two Union ports or airports without stopping outside the Union.

    Those provisions are the rules governing: (i) the obligation to lodge the entry summary declaration, (ii) the obligation to notify the arrival of a sea-going vessel or an aircraft, (iii) the obligation to convey the goods to certain places and to present them to the customs authorities at the point in which they are unloaded or transhipped, and (iv) temporary storage.

    As a result, there is no clear legal basis for requiring the presentation of the goods that are unloaded or transhipped at the point where the goods re-enter the customs territory of the Union after having temporarily left it. In absence of a clear legal basis to require presentation of these goods to the customs authorities, it is more difficult for customs authorities to ensure the supervision of those goods.

    The current proposal to amend Article 136 is aimed at closing this gap and thereby ensuring equal treatment of goods and providing again the legal basis that was already established through the old customs code.

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  • group: EPP name: JUVIN Philippe
  • group: ECR name: DALTON Daniel
  • group: ALDE name: KALLAS Kaja
  • group: GUE/NGL name: DE JONG Dennis
  • group: Verts/ALE name: REDA Julia
  • group: EFD name: IWASZKIEWICZ Robert Jarosław
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  • group: EPP name: JUVIN Philippe
  • group: ECR name: DALTON Daniel
  • group: ALDE name: KALLAS Kaja
  • group: GUE/NGL name: DE JONG Dennis
  • group: Verts/ALE name: REDA Julia
  • group: EFD name: IWASZKIEWICZ Robert Jarosław
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Rules of Procedure of the European Parliament EP 150
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2016-09-26T00:00:00
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  • group: S&D name: GRAPINI Maria
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  • group: S&D name: GRAPINI Maria
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  • PURPOSE: to amend Regulation (EU) No 952/2013 laying down the Union Customs Code, as regards goods that have temporarily left the customs territory of the Union by sea or air in order to ensure effective customs supervision.

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

    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: with a view to facilitating trade flows, Article 136 of Regulation (EU) No 952/2013 excludes the application of certain provisions of that Regulation to goods that have temporarily left the customs territory of the Union while moving between two Union ports or airports without stopping outside the Union.

    Those provisions are the rules governing the obligation to lodge the entry summary declaration, the rules governing the obligation to notify the arrival of a sea-going vessel or an aircraft, the rules governing the obligation to convey the goods to certain places and to present them to the customs authorities at the point in which they are unloaded or transhipped, and the rules governing temporary storage.

    As a result, there is no legal basis for requiring the presentation of the goods that are unloaded or transhipped at the point where the goods re-enter the customs territory of the Union after having temporarily left it. Without presentation, it may be more difficult for customs authorities to ensure the supervision of those goods, and there is a risk both, that import duty and other charges are not correctly levied, and that non-fiscal measures such as veterinary and phytosanitary controls are not properly applied.

    CONTENT: the proposal aims to modify Article 136 UCC in order to ensure the effective application of other UCC provisions, notably those on customs supervision.

    Under the proposal, the only provisions not applying when non-Union goods re-enter the Union customs territory after having temporarily left it by direct sea or air route, should be: 

    • the rules governing the obligation to lodge the entry summary declaration (Articles 127 to 130 UCC) and  (2) The rules governing the obligation to notify the arrival of a sea-going vessel or aircraft to the customs office of first entry to the Union customs territory (Article 133 UCC). 
    • by contrast, the provisions governing the obligation to convey the goods to a certain place, to present them to customs upon unloading or transhipment, to wait for authorisation before unloading or transhipping, and the provisions on temporary storage should apply in these situations, thereby allowing appropriate customs supervision.

    The situation should be similar for Union goods whose status needs to be proven pursuant to Article 153(2) UCC, to the extent that the customs authorities must be able to check the proof of their Union status.

    Lastly, the rules governing the obligation to present the goods to customs upon unloading or transhipment and the obligation to wait for authorisation before unloading or transhipping the goods should not apply to Union goods that have retained their status by virtue of the Regulation having regard to the fact that, even if the goods have temporarily left the Union customs territory, their status has not been altered and does not need to be proven.

    This amendment should enter into force as soon as possible so as to contribute to effective customs supervision.

activities
  • date: 2016-07-19T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0477/COM_COM(2016)0477_EN.pdf title: COM(2016)0477 type: Legislative proposal published celexid: CELEX:52016PC0477:EN body: EC commission: DG: url: http://ec.europa.eu/taxation_customs/index_en.htm title: Taxation and Customs Union Commissioner: MOSCOVICI Pierre type: Legislative proposal published
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  • body: EP responsible: True committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: False committee_full: International Trade committee: INTA
links
other
  • body: EC dg: url: http://ec.europa.eu/taxation_customs/index_en.htm title: Taxation and Customs Union commissioner: MOSCOVICI Pierre
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2016/0229(COD)
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Legislation
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Treaty on the Functioning of the EU TFEU 207
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Preparatory phase in Parliament
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Amending Regulation (EU) No 952/2013
instrument
Regulation
title
Union Customs Code: goods that have temporarily left the customs territory by sea or air
type
COD - Ordinary legislative procedure (ex-codecision procedure)
subject