Progress: Awaiting Council's 1st reading position
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | IMCO | GOTINK Dirk ( PPE) | GRAPINI Maria ( S&D), JORON Virginie ( PfE), NESCI Denis ( ECR), BALJEU Jeannette ( RE) |
Former Responsible Committee | IMCO | CLUNE Deirdre ( EPP) | |
Former Committee Opinion | INTA | BRICMONT Saskia ( Verts/ALE) | Emmanuel MAUREL ( GUE/NGL), Margarida MARQUES ( S&D), Michiel HOOGEVEEN ( ECR), Martine KEMP ( PPE) |
Former Committee Opinion | BUDG | FERNANDES José Manuel ( EPP) | |
Former Committee Opinion | CONT | SARVAMAA Petri ( EPP) | Pirkko RUOHONEN-LERNER ( ECR) |
Lead committee dossier:
Legal Basis:
RoP 57_o, TFEU 033, TFEU 114, TFEU 207
Legal Basis:
RoP 57_o, TFEU 033, TFEU 114, TFEU 207Subjects
Events
The European Parliament adopted by 486 votes to 19, with 97 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority and repealing Regulation (EU) No 952/2013.
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
Subject matter and scope
The amended text stipulates that this proposed Regulation establishes a European Union Single Window Environment for Customs that provides an integrated set of interoperable electronic services, at Union level, to support interaction and enhance information exchange between the EU Customs Data Hub and the Union non-customs systems. It lays down rules for digital administrative cooperation and information sharing through interoperable data sets, within the EU Single Window Environment for Customs.
Mission of the customs authorities
The amended text stated that the customs authorities should introduce measures aimed, inter alia , at:
- ensuring that goods presenting a risk for the security of citizens and residents do not enter the customs territory of the Union, by putting in place the appropriate measures for controls of goods and supply chains;
- protecting the Union from unfair, non-compliant and illegal trade, including counterfeit and goods that are not in compliance with other legislation applied by the customs authorities through a close monitoring of economic operators, sectors and supply chains and a minimum core of customs infringements and penalties;
- supporting all legitimate business activity , by maintaining a proper balance between customs controls and facilitation of legitimate trade and simplifying customs processes and procedures through robust real-time risk analysis made possible, including by the artificial intelligence systems;
- promoting cost-efficiency by avoiding duplication, and promoting effectiveness in customs processes and an efficient use of related resources at Union and national level.
Grating operator status of a trust and check trader
A person, who is resident or registered in the customs territory of the Union who has conducted regular customs operations in the course of that person’s business for at least 2 years , may apply for the status of Trust and Check trader to the customs authority of the Member State where that person is established.
The EU Customs Authority should grant, after assessing the audit of the competent national authority, the status of Trust and Check trader to a person who meets all the following criteria: (a) the absence of any serious infringement or repeated infringements of customs legislation and taxation rules and no record of serious criminal offences; (b) financial solvency; (c) appropriate security, safety and compliance standards; (d) having an electronic system, including systems managed by a third-party provider, that exceptionally makes available to the customs authorities real-time access to appropriate and relevant data on the movement of the goods and the compliance of the person with all requirements applicable on those goods, including relating to safety and security.
Where a Trust and Check trader is involved in fraudulent activity in relation to its economic or business activity or serious infringement of relevant other legislation applied by customs authorities, its status should be suspended by the customs authorities.
The EU Customs Authority
The EU Customs Authority should:
- operate and maintain the information technology systems used for the implementation of the customs union, such as the EU Customs Data Hub;
- cooperate with other Union institutions, bodies, offices and agencies in areas where their activities relate to the management of goods crossing the external border;
- introduce a mandatory special scheme for the collection of customs duty on distance sales of goods imported from third territories or third countries;
- support the Commission and the Member States to enable them to supervise more efficiently the implementation of the restrictive measures that the Council may adopt on the flow of goods, to ensure that those measures are not circumvented.
Customs Advisory Board
The amended text suggested that the EU Customs Authority establish a Customs Advisory Board to assist the Executive Board.
Start of the EU Customs Authority's activities
The EU Customs Authority is established as of 2026 and should become fully operational as of 1 January 2028.
Platform on the reporting of goods
The EU Customs Authority platform on the reporting of goods should give authorities, businesses, consumers and citizens the opportunity to report goods that enter the internal market and are not in compliance with conformity standards and/or with relevant Union legislation. The platform should be set as an online platform, be easily accessible, intelligible and available in all official languages of the Union.
Cooperation with other authorities
Customs authorities should immediately alert competent Union and national authorities of any suspected infringement of Union legislation and send a notification to the EU Customs Data Hub
Minimum non-criminal sanctions
Members suggested that Member States should decide on the use of the proceeds resulting from the enforcement of non-criminal sanctions except for when established as an own resource.
EU Customs Data Hub
The functionalities of the EU Customs Data Hub should be fully operational by 31 December 2032. Before this date, the Commission may establish a pilot phase for the use of the EU Customs Data Hub. The pilot phase should be voluntary and have the purpose of testing its functionalities.
The Committee on the Internal Market and Consumer Protection adopted the report by Deirdre CLUNE (EPP, IE) on the proposal for a regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority and repealing Regulation (EU) No 952/2013.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Subject matter and scope
The amended text stipulates that this proposed Regulation establishes a European Union Single Window Environment for Customs that provides an integrated set of interoperable electronic services, at Union level, to support interaction and enhance information exchange between the EU Customs Data Hub and the Union non-customs systems. It lays down rules for digital administrative cooperation and information sharing through interoperable data sets, within the EU Single Window Environment for Customs.
Mission of the customs authorities
The report stated that the customs authorities should introduce measures aimed, inter alia , at:
- ensuring that goods presenting a risk for the security of citizens and residents do not enter the customs territory of the Union, by putting in place the appropriate measures for controls of goods and supply chains;
- protecting the Union from unfair, non-compliant and illegal trade, including counterfeit and goods that are not in compliance with other legislation applied by the customs authorities through a close monitoring of economic operators, sectors and supply chains and a minimum core of customs infringements and penalties;
- supporting all legitimate business activity, by maintaining a proper balance between customs controls and facilitation of legitimate trade and simplifying customs processes and procedures through robust real-time risk analysis made possible, including by the artificial intelligence systems.
The EU Customs Authority
The EU Customs Authority should:
- operate and maintain the information technology systems used for the implementation of the customs union, such as the EU Customs Data Hub;
- cooperate with other Union institutions, bodies, offices and agencies in areas where their activities relate to the management of goods crossing the external border;
- introduce a mandatory special scheme for the collection of customs duty on distance sales of goods imported from third territories or third countries;
- support the Commission and the Member States to enable them to supervise more efficiently the implementation of the restrictive measures that the Council may adopt on the flow of goods, to ensure that those measures are not circumvented.
Customs Advisory Board
The amended text suggested that the EU Customs Authority establish a Customs Advisory Board to assist the Executive Board.
Start of the EU Customs Authority's activities
The EU Customs Authority is established as of 2026 and should become fully operational as of 1 January 2028.
Platform on the reporting of goods
The report includes a new article calling for the setting up of an EU Customs Authority platform on the reporting of goods to give authorities, businesses, consumers and citizens the opportunity to report goods that enter the internal market and are not in compliance with conformity standards and/or with relevant Union legislation.
Cooperation with other authorities
Customs authorities should immediately alert competent Union and national authorities of any suspected infringement of Union legislation and send a notification to the EU Customs Data Hub
Minimum non-criminal sanctions
Members suggested that Member States should decide on the use of the proceeds resulting from the enforcement of non-criminal sanctions except for when established as an own resource.
EU Customs Data Hub
The report stated that the functionalities of the EU Customs Data Hub should be fully operational by 31 December 2032. Before this date, the Commission may establish a pilot phase for the use of the EU Customs Data Hub. The pilot phase should be voluntary and have the purpose of testing its functionalities.
PURPOSE: to establish an EU Customs Code and Customs Authority.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND: a well-functioning customs union is fundamental to the EU's economy and prosperity, as well as its international competitiveness. The EU economy is in the twin green and digital transition and has therefore adopted ambitious legislation, setting environmental, security, social and digital standards that shape the way businesses operate within and beyond the single market. This ambitious agenda risks being undermined if Union productions are replaced by imports from third countries that do not respect these standards. Without central supply chain monitoring and control by customs, the Union does not have full visibility on which goods enter and leave its territory.
Customs authorities are increasingly burdened with an ever-growing range of tasks stemming from the above mentioned very ambitious legislation that has been adopted in the last years. As a result, customs authorities are today squeezed between increasing tasks and complexity on the one hand, and a sharp increase of low value shipments in e-commerce on the other.
This reform strengthens the capacity of customs to supervise and control which goods enter and leave the customs union. It fulfils the promise of the President of the Commission to ‘take EU customs to the next level’ and is based in particular on the recommendations made by the Wise Person’s Group on the future of customs in 2022.
CONTENT: the proposal aims to replace Regulation (EU) No 952/2013 with a view to revising and simplifying a number of rules and procedures governing goods enter and leave the Customs Union. It aims to establish the EU Customs Code as well as the EU Customs Authority and the rules, common standards and a governance framework for the establishment of the EU Customs Data Hub.
Customs will take a new strategic approach, driven by data analysis of supply chain information, to have targeted and coordinated customs action. The cooperation framework of customs authorities, market surveillance authorities, law enforcement authorities and bodies, tax authorities and other partners is strengthened. In a new partnership with trade operators, the administrative burden is reduced and customs processes are streamlined.
New Union Customs Code
The proposal introduces the new Union Customs Code, that builds on many elements of the previous Code. The mission of customs authorities is strengthened, to reflect the wide range of services customs, starting with the collection of duties, to the protection of citizens, the environment and other public interests, the fight against unfair, non-compliant and illegal trade, as well as the support of legitimate trade flows. The proposal contains relevant definitions for the revised customs processes, most importantly the importer and exporter, the deemed importer in case of distance sales and the prohibitions and restrictions.
The reform aims for transparency and accountability of the responsible actors and in return offers simplifications of customs processes.
EU Customs Authority
A new EU Customs Authority will oversee an EU Customs Data Hub which will act as the engine of the new system. Over time, the Data Hub will replace the existing customs IT infrastructure in EU Member States. Based on a new EU-level risk analysis the EU Customs Authority will issue EU control recommendations to customs authorities. The EU Customs Authority will also actively coordinate customs action across the EU and implement political priorities for the functioning of the Customs Union.
EU Customs Hub
Businesses wishing to bring goods into the EU will be able to log all the information on their products and supply chains into a single online environment: the new EU Customs Data Hub. This cutting-edge technology will compile the data provided by business and – via machine learning, artificial intelligence and human intervention – provide authorities with a 360-degree overview of supply chains and the movement of goods.
The EU Customs Data Hub will be developed gradually, starting with the new approach for e-commerce. Traders can start using the EU Customs Data Hub as of January 2032, and would be obliged to do so by 2037, when it will be fully operational. The EU Customs Authority will be gradually established and shall assume its tasks from 2028.
Business and trade benefits
Under the new proposal, businesses will only need to interact with the customs hub when submitting their customs information and will only have to submit data once for multiple consignments. In some cases where business processes and supply chains are completely transparent, the most trusted traders (‘Trust and Check' traders) will be able to release their goods into circulation into the EU without any active customs intervention at all.
Bringing goods into the customs Union
The proposal presents the new simplified process for bringing goods into the Customs Union, a significant reduction in complexity and administrative burden. Customs collects information for risk analysis, including advance cargo and pre-departure information and intervene where necessary. The focus of customs administrations shifts from the individual consignment towards the supply chain supervision to identify risks. Customs maintains the capacity to intervene on every individual consignment, based on the information in the EU Customs Data Hub.
Budgetary implications
The EU Customs Authority and the development of the EU Customs Data Hub will not require a budgetary increase within the 2021-2027 period, as the costs of approximately EUR 60 million during the first 2 years will be financed under the Customs Programme 2021-2027.
Post 2027 the total costs of the Reform for the EU budget are estimated in the region of EUR 1.855 billion. This covers the cost of the tasks entrusted upon the EU Customs Authority with this proposal as well as the EU Customs Data Hub, without pre-empting the agreement on the post 2027 MFF and programmes.
Documents
- Commission response to text adopted in plenary: SP(2024)350
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0151/2024
- Committee report tabled for plenary, 1st reading: A9-0065/2024
- Committee opinion: PE756.044
- Committee opinion: PE755.970
- Committee opinion: PE753.728
- Amendments tabled in committee: PE756.213
- Committee draft report: PE755.046
- Contribution: COM(2023)0258
- Contribution: COM(2023)0258
- Economic and Social Committee: opinion, report: CES1888/2023
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2023)0198
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2023)0140
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2023)0141
- Legislative proposal published: COM(2023)0258
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2023)0198
- Document attached to the procedure: EUR-Lex SWD(2023)0140
- Document attached to the procedure: EUR-Lex SWD(2023)0141
- Economic and Social Committee: opinion, report: CES1888/2023
- Committee draft report: PE755.046
- Amendments tabled in committee: PE756.213
- Committee opinion: PE753.728
- Committee opinion: PE755.970
- Committee opinion: PE756.044
- Commission response to text adopted in plenary: SP(2024)350
- Contribution: COM(2023)0258
- Contribution: COM(2023)0258
Activities
Votes
A9-0065/2024 – Deirdre Clune – Before Article 147 – Am 299 #
A9-0065/2024 – Deirdre Clune – Commission proposal #
Amendments | Dossier |
723 |
2023/0156(COD)
2023/11/17
IMCO
302 amendments...
Amendment 133 #
Proposal for a regulation Citation 3 a (new) having regard to the European Parliament resolution of 25 November 2009 on origin marking,
Amendment 134 #
Proposal for a regulation 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
Amendment 135 #
Proposal for a regulation 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
Amendment 136 #
Proposal for a regulation Recital 5 (5) Since the adoption of Regulation (EU) No 952/2013, the role of customs authorities has evolved to increasingly cover the application of Union and national legislation laying down requirements on goods subject to customs supervision, in particular the non-financial requirements on goods that are necessary for these goods to enter and circulate in the internal market. Such non-financial tasks have increased exponentially over the years in line with growing expectations of Union businesses and citizens regarding safety, security, accessibility for persons with disabilities, sustainability, human, animal and plant health and life, the environment, the protection of human rights and Union values. New tools, such as the Digital Product Passport, are to be introduced to ensure that other legislation applied by the customs authorities related to products continues to respond to these expectations. It is therefore necessary to reflect the increasing number and complexity of non- financial risks by including in the mission of customs authorities a specific reference to protecting all these public interests and, where applicable, national legislation, in close cooperation with other authorities. It is equally important to note that a significant volume of goods processed in major harbors and airports are being transshipped, coming from and destined for other continents without entering the EU market.Such goods do not need to comply with the same EU safety and product standards required for goods entering the internal market.
Amendment 137 #
Proposal for a regulation Recital 6 a (new) (6 a) Pursuant to Article 24 of Council Regulation (EU) 2017/1939, the competent customs authorities shall without undue delay report to the EPPO any criminal conduct in respect of which it could exercise its competence in accordance with Article 22 and Article 25(2) and (3) of that Regulation.The competent customs authorities shall refrain from taking measures which could jeopardize the confidentiality of criminal investigations into the same facts of the competent national judicial or law enforcement authority or the EPPO, when requested to do so by these authorities.
Amendment 138 #
Proposal for a regulation Recital 7 (7) Certain definitions set out in Regulation (EU) No 952/2013 should be adapted to take account of the broader scope of this Regulation, to align them with those set out in other Union acts, and to clarify terminology having different meanings in different sectors. New definitions should be included in customs legislation to clarify the roles and responsibilities of certain actors in the customs processes. In the case of the importer and the exporter, new definitions should make those persons liable for compliance of the goods, including for financial and non-financial risks, in order to strengthen customs supervision. In the case of the new concept of deemed importer, new definitions should ensure that in some cases, in the context of an online sale from outside the Union, an economic operator, as opposed to the consumer, is considered the importer and assumes the corresponding responsibilities ensuring that the relevant economic operator has complied with the applicable legislation applied by the customs authorities when the goods enter or exit the customs territory of the Union and providing, keeping and making available appropriate records of such compliance. New definitions should also be introduced in relation to the broader scope of the provisions of customs supervision, risk management and customs controls.
Amendment 139 #
Proposal for a regulation Recital 7 (7) Certain definitions set out in Regulation (EU) No 952/2013 should be adapted to take account of the broader scope of this Regulation, to align them with those set out in other Union acts, and to clarify
Amendment 140 #
Proposal for a regulation Recital 7 (7) Certain definitions set out in Regulation (EU) No 952/2013 should be adapted to take account of the broader scope of this Regulation, to align them with those set out in other Union acts, and to clarify terminology having different meanings in different sectors. New definitions should be included in customs legislation to clarify the roles and responsibilities of certain actors in the customs processes. In the case of the importer and the exporter, new definitions should make those persons liable for compliance of the goods, including for financial and non-financial risks, in order to strengthen customs supervision. In the case of the new concept of deemed importer, new definitions should ensure that in some cases, in the context of an online sale from outside the Union, an economic operator, as opposed to the consumer, is considered the importer and assumes the corresponding financial responsibilities and specific obligations under product compliance laws. New definitions should also be introduced in relation to the broader scope of the provisions of customs supervision, risk management and customs controls.
Amendment 141 #
Proposal for a regulation Recital 7 (7) Certain definitions set out in Regulation (EU) No 952/2013 should be adapted to take account of the broader scope of this Regulation, to align them with those set out in other Union acts, and to clarify terminology
Amendment 142 #
Proposal for a regulation Recital 7 (7) Certain definitions set out in Regulation (EU) No 952/2013 should be adapted to take account of the broader scope of this Regulation, to align them with those set out in other Union acts, and to clarify terminology having different meanings in different sectors. New definitions should be included in customs legislation to clarify the roles and responsibilities of certain actors in the customs processes. In the case of the importer and the exporter, new definitions should make those persons liable for
Amendment 143 #
Proposal for a regulation Recital 8 (8) Beyond their traditional role of collecting customs duties, VAT and excise and applying customs legislation, customs authorities also play a critical role in enforcing other Union and, where applicable, other national legislation on customs matters. A definition of this ‘other legislation applied by the customs authorities’ should be introduced in order to build an effective framework for regulating the application and supervision of these particular requirements on goods. Such prohibitions and restrictions can be justified on grounds of, inter alia, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash. The notion of other legislation applied by the customs authorities should also include commercial policy measures and fishery conservation and management measures, as well as restrictive measures adopted on the basis of Article 215 TFEU. Divergences in the national lists of prohibition and restrictions create significant difficulties for entities importing in multiple Member States. In order to facilitate trade and the functioning of customs, the EU should work to gradually harmonise national lists of prohibitions and restrictions. Furthermore, harmonised definitions of the legal terms used in providing for prohibitions and restrictions should be adopted, in order to avoid diverging interpretations by Member States.
Amendment 144 #
Proposal for a regulation Recital 8 (8) Beyond their traditional role of collecting customs duties, VAT and excise and applying customs legislation, customs authorities also play a critical role in enforcing other Union and, where applicable, other national legislation on customs matters. A definition of this ‘other legislation applied by the customs authorities’ should be introduced in order to build an effective framework for regulating the application and supervision of these particular requirements on goods in accordance with Regulation 2019/1020 on market surveillance and compliance of products, and within the specific customs controls and procedures established under this Regulation (establishing the Union Customs Code). Such prohibitions and restrictions can be justified on grounds of, inter alia, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash. The notion of other legislation applied by the customs authorities should also include commercial policy measures and fishery conservation and management measures, as well as restrictive measures adopted on the basis of Article 215 TFEU.
Amendment 145 #
Proposal for a regulation Recital 8 (8) Beyond their traditional role of collecting customs duties, VAT and excise and applying customs legislation, customs authorities also play a critical role, together with Market Surveillance Authorities, in enforcing other Union and, where applicable, other national legislation on customs matters. A definition of this ‘other legislation applied by the customs authorities’ should be introduced in order to build an effective framework for regulating the application and supervision of these particular requirements on goods in accordance with Regulation 2019/1020 on market surveillance and compliance of products. Such prohibitions and restrictions can be justified on grounds of, inter alia, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash. The notion of other legislation applied by the customs authorities should also include commercial policy measures and fishery conservation and management measures, as well as restrictive measures adopted on the basis of Article 215 TFEU.
Amendment 146 #
Proposal for a regulation Recital 10 (10) The consequence of the failure of a customs authority to take a decision upon application within the established time- limits should be clarified. The principle that in such case the application is deemed to be subject to a negative decision and that the applicant may lodge an appeal, in accordance with the general rule on customs decisions should also be established. In order to ensure that trade is not paralysed in case of large-scale failure of the centralised electronic systems, the Commission and the EU Customs agency should work with Member States on fall-back procedures.
Amendment 147 #
Proposal for a regulation Recital 14 (14) The obligations of the deemed importers, which are different from the obligations applicable to [the rest of] importers, should also be clarified. In particular, it should be clarified that the deemed importeris created for the purpose of effective and efficient collection of customs duties.The deemed importer is usually not in possession of the goods and the transfer of ownership of the goods occurs between the importer and the customer. Consequently, the deemed importer will often depend on the accuracy of the information provided by the importers before or at the latest upon check-out to be able to ensure correct duties treatment (payment and reporting obligations) of the transaction. It should also be provided that the deemed importer should provide to the customs authorities not only the data necessary for the release for free circulation of the sold goods but also the information that the deemed importer must collect for VAT purposes. This information is detailed in Council Implementing Regulation (EU) No 282/201143
Amendment 148 #
Proposal for a regulation Recital 14 (14) The obligations of the deemed importers, which are different from the obligations applicable to [the rest of] importers, should also be clarified. In particular, it should be provided that the deemed importer should provide to the customs authorities not only the data necessary for the release for free circulation of the sold goods but also the information that the deemed importer must collect for VAT purposes. This information is detailed in Council Implementing Regulation (EU) No 282/201143 .
Amendment 149 #
Proposal for a regulation Recital 15 (15) Economic operators meeting certain criteria and conditions to be considered compliant and trustworthy traders by customs authorities can be granted the status of AEO and thereby benefit from facilitations in customs processes. While ensuring that the traders dealing with most of Union trade are trustworthy, the AEO scheme suffers from certain weaknesses highlighted in the evaluation of Regulation (EU) No 952/2013 and in the findings of the European Court of Auditors. To deal with those concerns, in particular about the divergent national practices and challenges regarding AEO compliance monitoring, the rules should be amended to introduce the customs authorities’ obligation to monitor compliance at least every
Amendment 150 #
Proposal for a regulation Recital 16 (16)
Amendment 151 #
Proposal for a regulation Recital 16 (16) The changes in the customs processes and the way of operating the customs authorities requires a new partnership with economic operators, that is the Trust and Check traders scheme. The criteria and conditions to become a Trust and Check trader should build on the AEO criteria but should also ensure that the trader is considered transparent for the customs authorities. It is therefore appropriate to require Trust and Check operators to grant the customs authorities real timeaccess to relevant data intheir electronic systems keeping record of their compliance and the movement of their goods.For small and medium size economic operators willing to obtain the Trust and Check status but for whom the transmission of real time data might be a disproportionate requirement, the presence of a Digital Product Passport containing all information about a product's compliance can also be used to show transparency. The transparency should be accompanied by certain benefits, notably the possibility to release the goods on behalf of customs without the necessity for their active intervention, except where a pre-release approval is required by other legislation applied by the customs authorities and to defer the payment of the customs debt.
Amendment 152 #
Proposal for a regulation Recital 17 (17) The changes in the customs processes also require clarifying the role of customs representatives. Both direct and indirect representation should continue to be possible but it should be clarified that the indirect representative of an importer or an exporter assumes all the obligations of importers or exporters, not only the obligation to pay or guarantee the customs debt but also the respect of other legislation applied by the customs authorities. For that reason, customs representatives must be resident in the customs territory of the Union where they represent importers or exporters, to ensure proper accountability for financial and non-financial aspects. The use of an indirect customs representative established in the Union is therefore an available and proportionate alternative for importers and exporters who do not have a commercial presence in the Union. Moreover, customs representatives established in third countries can continue providing their services in the Union where they represent persons who are not required to be established within the customs territory of the Union. Identifying reliable customs representatives is a challenge for economic operators, especially SMEs. To address this issue, it is appropriate for the Commission and the EU Customs Authority to create and maintain a voluntary register of experienced customs representatives having the required qualifications. Such a register would complement existing ones maintained by some Member States;
Amendment 153 #
Proposal for a regulation Recital 20 (20) The EU Customs Data Hub should enable the exchange of data with other systems, platforms, or environments for the purpose of increasing the quality of data used by customs in fulfilling their tasks, as well as for sharing relevant customs data with other authorities, for the purpose of increasing the effectiveness of controls in the internal market.
Amendment 154 #
Proposal for a regulation Recital 20 a (new) (20 a) In order to improve the transparency of EU supply chains, the EU Customs Data Hub should enable parties, such as civil society organisations, trade unions, academics and journalists, subject to appropriate justification and upon a request made on the grounds of public interest, to access non-personal customs data collected from parties trading in products or goods imported into the EU
Amendment 155 #
Recital 23 Proposal for a regulation (23) The data submitted to the EU Custom Data Hub is to a large extent non- personal data submitted by economic operators of the goods they are trading with. Nevertheless, the data will also include personal data, in particular names of individuals acting for an economic operator or an authority. To ensure that personal data and sensitive commercial information are
Amendment 156 #
Proposal for a regulation Recital 24 (24) To ensure that the European Anti- Fraud Office (‘OLAF’) can exercise its investigations powers in relation to fraudulent activities that are affecting the interests of the Union, it is appropriate that it has access to data from the EU Customs Data Hub that is very similar to the access by the Commission. OLAF should therefore be entitled to process the data in accordance with the conditions relating to data protection in the relevant Union legislation, including Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council47 and Council Regulation (EC) No 515/9748 . To ensure that EPPO can conduct its investigations on customs-related matters, it should be entitled to
Amendment 157 #
Proposal for a regulation Recital 24 (24) To ensure that the European Anti- Fraud Office (‘OLAF’) can exercise its investigations powers in relation to fraudulent activities that are affecting the interests of the Union, it is appropriate that it has access to data from the EU Customs Data Hub that is very
Amendment 158 #
Proposal for a regulation Recital 26 (26) The Commission should lay down the modalities for access of all these authorities in implementing rules, after assessing the existing safeguards that each authority or category of authorities has in place for ensuring the correct treatment of personal and commercially sensitive data, while taking into account that publishing non-sensitive customs data can be in the general interest.
Amendment 159 #
Proposal for a regulation Recital 26 (26) The Commission should lay down the modalities
Amendment 160 #
Proposal for a regulation Recital 27 (27) It is appropriate that the EU Customs Data Hubs stores personal data for a maximum period of 10 years. This period is justified in light of the possibility for customs authorities to notify the customs debt up to 10 years after having received the necessary information about a consignment, as well as to ensure that the Commission, the EU Customs Authority, OLAF, EPPO, customs and authorities other than customs can cross-check the information in the EU Customs Data Hub against the information stored in and exchanged with other systems. Moreover, this period of time should be aligned with the storage period required by other legislation applied by the customs authorities, where such legislation is relevant for customs controls. It is also appropriate that whenever personal data is required for the purposes of judicial and administrative proceedings, investigations and during post-clearance controls, the retention period is suspended to avoid that personal data is erased and cannot be used for those purposes.
Amendment 161 #
Proposal for a regulation Recital 27 (27) It is appropriate that the EU Customs Data Hubs stores personal data for a maximum period of 10 years. This period is justified in light of the possibility for customs authorities to notify the customs debt up to 10 years after having received the necessary information about a consignment, as well as to ensure that the Commission, the EU Customs Authority, OLAF, EPPO, customs and authorities other than customs can cross-check the information in the EU Customs Data Hub against the information stored in and exchanged with other systems. Moreover, this period of time should be aligned with the storage period required by other legislation applied by the customs authorities, where such legislation is relevant for customs controls. It is also appropriate that whenever personal data is required for the purposes of judicial and administrative proceedings, investigations and during post-clearance controls, the retention period is suspended to avoid that personal data is erased and cannot be used for those purposes.
Amendment 162 #
Proposal for a regulation Recital 30 (30) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on [...]
Amendment 163 #
Proposal for a regulation Recital 31 (31) A Union-level customs risk management layer is fundamental for ensuring a harmonised application of customs controls in Member States. There is currently a common risk management framework comprising the possibility of identifying common priority controls areas and common risk criteria and standards in the financial risk arena for carrying out customs controls, but it has significant shortcomings. In order to address the lack of harmonised application of customs controls and of harmonised risk management harming the financial and non-financial interests of the Union and of the Member States, it is appropriate to revise the rules to establish a more solid risk management approach addressing both financial and non-financial risks. This includes tackling the structural challenges on the risk management of financial risks identified by the European Court of Auditors. In
Amendment 164 #
Proposal for a regulation Recital 32 (32) It is therefore appropriate to introduce Union-level risk management activities and provisions to ensure the collection at Union level of comprehensive data relevant for risk management including results and evaluation of all controls. It provides for common risk analysis and the issue of corresponding Union control recommendations to customs authorities. Those control recommendations should be implemented, or reasons provided as to why they were not applied. In line with the principle of 'comply or explain', these control recommendations should be implemented, or compelling reasons provided for not applying them.A framework should be established to give certainty on situations where it is permissible to deviate from these recommendations, for instance, when other pressing priorities or specific national circumstances prevail. The possibility to issue an instruction that goods destined for the Union may not be loaded or transported should also be provided for. The analysis of Union-level risks and threats should be based on constantly updated Union-level data and should identify the measures and controls to be performed at the border crossing points of
Amendment 165 #
Proposal for a regulation Recital 32 (32) It is therefore appropriate to introduce Union-level risk management activities and provisions to ensure the collection at Union level of comprehensive data relevant for risk management including results and evaluation of all controls. It provides for common risk analysis and the issue of corresponding Union control recommendations to customs authorities. Those control recommendations should be implemented, or reasons provided as to why they were not applied. The possibility to issue an instruction that goods destined for the Union may not be loaded or transported should also be provided for. The analysis of Union-level risks and threats should be based on constantly updated Union-level data and should identify the measures and controls to be performed at the border crossing points of entry and exit of the Union territory. In the context of cooperation with law enforcement and security authorities in particular, Union- level risk management should, where possible, contribute to and benefit from strategic analyses and threat assessments conducted at Union level, including those carried out by the European Union Agency for Law Enforcement Cooperation (Europol) and the European Border and Coast Guard Agency (Frontex) to contribute to the efficient and effective prevention of, and the fight against, crime. Serious or repeated infringement of other legislations applied by customs and detected by customs or other competent authorities should have an impact on the risk profile of importers, exporters or deemed importers.
Amendment 166 #
Proposal for a regulation Recital 36 (36) The non-Union goods that are brought to the customs territory of the Union should be considered to be in temporary storage from the moment the carrier notifies their arrival until their placement under a customs procedure unless they are already placed in transit. To ensure appropriate customs supervision, this situation should be limited in time.
Amendment 167 #
Proposal for a regulation Recital 38 (38) Once the customs authorities have the information necessary for the relevant procedure, based on risk analysis, they should decide whether to perform further controls on the goods, to release them, to refuse or suspend their release or to let the time pass so the goods are considered released. The customs authorities should do so in cooperation with other authorities, where necessary. Accordingly, the customs authorities should refuse the release of the goods where they have evidence that the goods do not comply with applicable legal requirements. Where the customs authorities need to consult other authorities to determine whether or not the goods comply, they should suspend the release at least until the consultation takes place. In these cases, the customs authorities’ subsequent decision on the goods should depend on the other authorities’ reply. To avoid blocking both traders and authorities in the cases in which concluding on compliance requires some time, the customs authorities should have the possibility to release the goods on the condition that the trader continues informing about the location of the goods
Amendment 168 #
Proposal for a regulation Recital 39 (39) To the extent that Trust and Check traders provide customs full access to their systems, records and operations and are considered reliable, they should be able to release their goods under the supervision of the customs authorities but without waiting for their intervention. Accordingly, Trust and Check traders should be able to release goods for any entry procedure at receipt at final destination of the goods or for any exit procedure at the place of delivery of the goods. As the Trust and Check traders are considered transparent, the arrival and/or the delivery should be properly recorded in the EU Customs Data Hub. These operators should be obliged to inform the customs authorities where a problem arises so that those authorities can take a final decision on the release. Where the internal controls systems of the Trust and Check traders are robust enough, the customs authorities should be able, in cooperation with other authorities, to authorise the traders to perform certain checks on their own. However, the customs authorities should retain the possibility to control the goods at any time. Repeated or serious infringements to other EU legislation applied by customs by a Trust and Check trader should lead to the loss of the trusted status.
Amendment 169 #
Proposal for a regulation Recital 48 Amendment 170 #
Proposal for a regulation Recital 48 (48)
Amendment 171 #
Proposal for a regulation Recital 55 a (new) (55 a) Member States and the EU have the responsibility to ensure that Customs are properly resourced, trained, and equipped to have the capacity to fulfil their mission, including proper investigative powers;
Amendment 172 #
Proposal for a regulation Recital 55 b (new) (55 b) Customs are in need of serious investments, especially in view of a sufficient number of properly trained staff in order to guarantee the functioning of EU customs systems which are facing an exponential increase in demands on customs; whereas without the necessary investments into staff, digital solutions cannot achieve the benefits in view of efficiency and harmonisation; therefore, investments into digital systems should guarantee sufficient funding for staff and their training in order to require the necessary skills for state-of-the-art equipment, technology for big data analytics, detection and controls and thus, to guarantee that customs controls are conducted uniformly across the EU;
Amendment 173 #
Proposal for a regulation Recital 56 (56) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the EU Customs Authority. The composition of the Management Board, including the selection of its Chairperson and Deputy- Chairperson, should respect the principles of gender balance, experience and qualification. Additionally, it is essential to recognize that the intensity of external border traffic of goods is not equal across the EU. Therefore, the governance structure of the EU Customs Authority should reflect this reality, ensuring that the varying needs and challenges faced by different Member States are adequately represented and addressed. Given the Union’s exclusive competence on the customs union, and the close link between customs and other policy fields, it is appropriate that its chairperson is elected from among those Commission representatives. In view of the effective and efficient functioning of the EU Customs Authority, the Management Board should, in particular, adopt a Single Programming Document including annual and multiannual programming, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. The Management Board should be assisted by an Executive Board.
Amendment 174 #
Proposal for a regulation Recital 56 (56) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the EU Customs Authority. The composition of the Management Board, including the selection of its Chairperson and Deputy- Chairperson, should respect the principles of gender balance, experience and qualification. Given the Union’s exclusive competence on the customs union, and the close link between customs and other policy fields, it is appropriate that its chairperson is elected from among those Commission representatives. In view of the effective and efficient functioning of the EU Customs Authority, the Management Board should, in particular, adopt a Single Programming Document including annual and multiannual programming, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. The Management Board should be assisted by an Executive Board and a consultative body representing consumer organisations, business associations and other relevant non-state actors.
Amendment 175 #
Proposal for a regulation Recital 56 (56) The Member States
Amendment 176 #
Proposal for a regulation Recital 58 (58) To fulfil their mission, customs authorities cooperate closely and regularly with market surveillance authorities, sanitary and phytosanitary control authorities, law-enforcement bodies, border management authorities, environmental protection bodies, experts on cultural goods, and many other authorities in charge of sectoral policies. Considering the evolution of the single market and the evolving role of customs, the increase in prohibitions and restrictions and e- commerce, it is necessary to structure and reinforce this cooperation at national, Union and international level. Instead of a cooperation focused on individual consignments or specific events along the supply chain, a structured cooperation framework between customs authorities and other authorities responsible for relevant policy areas should be established. Such cooperation framework should include the following aspects: the development of legislation and of policy needs in a specific area, the exchange and analysis of information, the building of overall cooperation strategy in the form of joint supervision strategies and, finally, cooperation on operational implementation, monitoring and controls. The Commission should also facilitate the application of part of the other legislation applied by the customs authorities by drawing a list of Union legislation imposing requirements on goods subject to customs controls aimed at protecting public interests such as human, animal or plants health and life, the consumers and the environment, and organise information sharing about their enforcement. When applicable, records of serious and repeated infringements to other legislations applied by customs should be made available to customs by the relevant competent authorities, and taken into account in European customs risk management processes.
Amendment 177 #
Proposal for a regulation Recital 59 (59) In order to increase clarity and make the cooperation framework between customs and other partner authorities more efficient, a list of services offered by customs authorities should define clearly the possible role of customs in the application of other relevant policies at the borders of the Union. In addition, the application of the cooperation framework should be monitored by the EU Customs Authority. The EU Customs Authority should work closely and cooperate with the Commission, OLAF, other relevant Union agencies and bodies, such as the European Public Prosecutor Office,Europol and Frontex as well as specialised agencies and networks in the respective policy fields, such as the EU Product Compliance Network.
Amendment 178 #
Proposal for a regulation Recital 59 (59) In order to increase clarity and make the cooperation framework between customs and other partner authorities more efficient, a list of services offered by customs authorities should define clearly the possible role of customs in the application of other relevant policies at the borders of the Union. In addition, the application of the cooperation framework should be monitored by the EU Customs Authority. The EU Customs Authority should work closely and cooperate with the Commission, EPPO,OLAF, other relevant Union agencies and bodies, such as Europol and Frontex as well as specialised agencies and networks in the respective policy fields, such as the EU Product Compliance Network.
Amendment 179 #
Proposal for a regulation Recital 60 (60) In an increasingly connected world, customs diplomacy and international cooperation are important aspects in the work of customs authorities around the world. International cooperation should envisage the possibility of exchange of customs data, on the basis of international agreements or autonomous legislation of the Union, through appropriate and secure means of communication, subject to the respect of confidential information and the protection of personal data, such as through the EU Customs Data Hub. It is, however, essential to recognize that while fostering international cooperation and data exchange, careful consideration must be given to the competencies of Member States. This approach should not restrict Member States' ability to individually negotiate and decide on matters pertaining to national (non-EU) tasks with third countries. Such flexibility is crucial to uphold the sovereignty of Member States in implementing both EU and national customs legislation. Therefore, while advancing international cooperation and data sharing, the framework must ensure that it does not infringe upon the competence of Member States to manage their customs affairs, particularly when it concerns bilateral or multilateral engagements with third countries on national tasks. This balance is vital to maintain the integrity of Member States' sovereignty while working towards a cohesive and effective Union- wide customs strategy.
Amendment 180 #
Proposal for a regulation Recital 61 (61) Despite the fact that customs legislation is harmonised through the Code, Regulation (EU) No 952/2013 only included the obligation for Member States to provide for penalties for failure to comply with the customs legislation and required such penalties to be effective, proportionate and dissuasive. Member States have, therefore, the choice of customs penalties, which vary greatly across Member States and are subject to evolution over time. A common framework establishing a minimum core of customs infringements and of non-criminal sanctions should be laid down. Such framework is necessary to address the lack of uniform application and the significant divergences between Member States in the application of sanctions against breaches of customs legislation that can lead to a distortion of competition, loopholes and ‘customs shopping’. The framework should be composed of a common list of acts or omissions that should constitute customs infringements in all Member States. In determining the sanction applicable, customs authorities should define if these acts or omissions are committed intentionally or by obvious negligence. The European Commission, Member States and the EU Customs Authority should regularly exchange best practices on audit and sanctions, in order to improve the convergence and coherence of methodologies and application of sanctions. The Commission should regularly assess whether the sanctions applied by Member States are sufficient to reach the objectives of the Union Customs Code, and take appropriate action if necessary.
Amendment 181 #
Proposal for a regulation Recital 61 (61) Despite the fact that customs legislation is harmonised through the Code, Regulation (EU) No 952/2013 only included the obligation for Member States to provide for penalties for failure to comply with the customs legislation and required such penalties to be effective, proportionate and dissuasive. Member States have, therefore, the choice of customs penalties, which vary greatly across Member States and are subject to evolution over time. A common framework establishing a minimum core of customs infringements and of non-criminal sanctions should be laid down. Such framework is necessary to address the lack of uniform application and the significant divergences between Member States in the application of sanctions against breaches of customs legislation that can lead to a distortion of competition, loopholes and ‘customs shopping’. The framework should be composed of a common list of acts or omissions that should constitute customs infringements in
Amendment 182 #
Proposal for a regulation Recital 64 Amendment 183 #
Proposal for a regulation Recital 64 (64) It is also necessary to establish a common minimum core of non-criminal sanctions providing for minimum amounts of pecuniary charges, the possibility of revocation, suspension or amendment of customs authorisations, including for Authorised Economic Operators and Trust and Check traders, as well as the confiscation of the goods. The minimum amounts of pecuniary charges should depend on whether the customs infringement has been committed intentionally or not and whether or not it has an impact on the amount of customs duties and other charges and on prohibitions or restrictions. This minimum common core of non-criminal sanctions should apply without prejudice to the national legal order of Member States, which can instead provide for criminal sanctions. Member States, the European Commission and the EU customs authority should collaborate to gradually increase the coherence of non-criminal sanctions and their application accross the EU.
Amendment 184 #
Proposal for a regulation Recital 65 (65) The performance of the customs union should be evaluated at least on an annual basis to allow the Commission, with the help of the Member States, to take the appropriate policy orientations. The collection of information from customs authorities should be formalised and deepened, as more comprehensive reporting would improve benchmarking and could help to homogenise practices and assess the impact of customs policy decisions. It is, therefore, appropriate to introduce a legal framework for the evaluation of the performance of the customs union. To allow sufficient granularity of analysis, the performance measurement should be done not only at national level but also at border crossing point level. The EU Customs Authority should support the Commission in the evaluation process by gathering and analysing the data in the EU Customs Data Hub and identifying how customs activities and operations support the achievement of the strategic objectives and priorities of the customs union and contribute to the mission of customs authorities. In particular, the EU Customs Authority should identify key trends, strengths, weaknesses, gaps, and potential risks, and provide recommendations for improvement to the Commission. In the context of cooperation with law enforcement and security authorities in particular, the EU Customs Authority should also participate, from the operational perspective, in strategic analyses and threat assessments conducted at Union level, including those carried out by Europol and Frontex. This evaluation report should be published.
Amendment 185 #
Proposal for a regulation Recital 74 (74)
Amendment 186 #
Proposal for a regulation Article 2 – paragraph 2 – point b (b) ensuring that goods that are destined for circulation in the internal market but present
Amendment 187 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e) supporting legitimate business activity, by maintaining a proper balance between customs controls and facilitation of legitimate trade and simplifying customs processes and procedures through robust real –time risk analysis enabled by the EU Customs Data Hub artificial intelligence capabilities as defined in Article 29 (1) (d).
Amendment 188 #
Proposal for a regulation Article 2 – paragraph 2 a (new) ensuring the flow of crisis-relevant goods as defined in Artcle 3 paragrpah 1 pont 6 of the Regulation establishing a Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98 in times of crisis.
Amendment 189 #
Proposal for a regulation Article 5 – paragraph 1 – point 2 –point d (d) customs provisions contained in international agreements, insofar as they are applicable in the Union
Amendment 190 #
Proposal for a regulation Article 5 – paragraph 1 – point 12 (12) (12) ‘importer’ means
Amendment 191 #
Proposal for a regulation Article 5 – paragraph 1 – point 12 (12) ‘importer’ means any person who has the power to determine and has determined that goods from a third country are to be brought into the customs territory of the Union
Amendment 192 #
Proposal for a regulation Article 5 – paragraph 1 – point 13 (13) ‘deemed importer’ means any person involved in the distance sales of goods to be imported from third countries into the customs territory of the Union who is authorised to use the special scheme laid down in Title XII, Chapter 6, Section 4 of Directive 2006/112/EC and whose responsibilities are limited to collecting, reporting data, and managing financial obligations such as customs duties, without bearing liabilities for the physical goods;
Amendment 193 #
Proposal for a regulation Article 5 – paragraph 1 – point 13 (13) ‘deemed importer’ means any person involved in the distance sales of goods to be imported from third countries into the customs territory of the Union, including the person who is authorised to use the special scheme laid down in Title XII, Chapter 6, Section 4 of Directive 2006/112/EC;
Amendment 194 #
Proposal for a regulation Article 5 – paragraph 1 – point 13 (13) ‘deemed importer’ means any person involved in the distance sales of goods to be imported from third countries into the customs territory of the Union
Amendment 195 #
Proposal for a regulation Article 5 – paragraph 1 – point 14 (14) ‘exporter’ means a
Amendment 196 #
Proposal for a regulation 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 (b) pose a threat to the security and safety of
Amendment 198 #
Proposal for a regulation Article 5 – paragraph 1 – point 18 –point b (b) pose a threat to the security and
Amendment 199 #
Proposal for a regulation Article 5 – paragraph 1 – point 57 (57) ‘customs debt’ means the obligation on a person to pay the amount of import or export duty and any other charges which applies to specific goods under the customs legislation in force;
Amendment 200 #
Proposal for a regulation Article 5 – paragraph 1 – point 57 (57) ‘customs debt’ means the obligation on a person to pay the amount of import or export duty and any other charges which applies to specific goods under the customs legislation in force;
Amendment 201 #
Proposal for a regulation Article 5 – paragraph 1 – point 57 (57) ‘customs debt’ means the obligation on a person to pay the amount of import or export duty and any other charges which appl
Amendment 202 #
Proposal for a regulation Article 5 – paragraph 1 – point 57 a (new) (57 a) ‘other charges’ means any fees coming on top of custom duties, VAT, customs formalities fees and courier fees.
Amendment 203 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 (64) ‘crisis’
Amendment 204 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 a (new) (64 a) ‘end-customer’ means physical or moral person residing or established in the Union, to whom a product has been made available by a seller or a marketplace.
Amendment 205 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 a (new) (64 a) ''not at risk shipment'' means a shipment with no customs risk as assessed by the Data Hub, and being attributed the green color code.
Amendment 206 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 a (new) (64 a) ‘other charges’ means any fees coming on top of custom duties, VAT, customs formalities fees and courier fees.
Amendment 207 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 b (new) (64 b) “shipment at risk -to be assessed before release in the internal market” means a shipment to be segregated and examined by national customs authorities upon arrival at destination;
Amendment 208 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 c (new) (64 c) “incompliant shipment” means a shipment incompliant with EU rules, to be denied for pick up at origin and/or denied for release in the internal market.
Amendment 209 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 d (new) (64 d) "Quality of data” means targeted primary data collection from data holders who have control over information which can be used to validate declarations and combat fraud.This data will support the performance of robust risk analysis enabled by the EU Customs Data Hub capabilities as defined in Article 29 (1) (d).
Amendment 210 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 e (new) (64 e) ''other charges'' means any fees coming in addition to custom duties, VAT, customs formalities fees and courier fees;
Amendment 211 #
Proposal for a regulation Article 5 – paragraph 1 – point64 f (new) (64 f) ''end-customer'' means physical or legal person residing or established in the Union, to whom a product has been made available by a seller or a marketplace;
Amendment 212 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Customs authorities shall, without delay and at the latest within
Amendment 213 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 1 Except where otherwise provided, the competent customs authority shall take a decision as referred to in paragraph 1 at the latest within
Amendment 214 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 4 Where the customs authorities fail to take a decision within the time-limits established in the first, second and third subparagraphs, the applicant may consider the request to have been denied and may appeal such a negative decision. The applicant may also inform the EU Customs Authority that the customs authorities did not take a decision within the relevant time limits. The Commission, the EU Customs Authority and Member States shall agree on a clear process to handle decisions in case of technical failure of centralised EU electronic systems infrastructure, and especially of the data hub, in order to ensure that trade is not paralysed.
Amendment 215 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 4 Where the customs authorities fail to take a decision within the time-limits established in the first, second and third subparagraphs, the applicant may consider the request to have been denied and may appeal such a negative decision.
Amendment 216 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 4 Where the customs authorities fail to take a decision within the time-limits established in the first, second and third subparagraphs, the
Amendment 217 #
Proposal for a regulation Article 6 – paragraph 9 – subparagraph 2 a (new) The EU Customs Authority should ensure the uniform application of customs legislation at the European level.
Amendment 218 #
Proposal for a regulation Article 18 – paragraph 2 – point a Amendment 219 #
Proposal for a regulation Article 18 – paragraph 2 – point d Amendment 220 #
Proposal for a regulation Article 19 – paragraph 1 1. Economic operators established in the customs territory of the Union shall register with the customs authorities responsible for the place where they are established in order to obtain an Economic Operator Registration and Identification (EORI) number. Where possible, that registration shall also include the electronic identification of the operator in the national electronic identification schemes referred to in Regulation (EU) No 910/2014. Economic operators that trade regularly with third countries can opt for a place of establishment for customs purposes.
Amendment 221 #
Proposal for a regulation Article 19 – paragraph 5 5. In specific well-justified cases, the customs authorities shall invalidate the registration.
Amendment 222 #
Proposal for a regulation Article 20 – paragraph 1 – point c (c) ensuring that the
Amendment 223 #
Proposal for a regulation Article 20 – paragraph 1 – point c (c) ensuring th
Amendment 224 #
Proposal for a regulation Article 21 – paragraph 1 1. By way of derogation from Article 20(1),
Amendment 225 #
Proposal for a regulation Article 21 – paragraph 1 1. By way of derogation from Article 20(1), point (a), deemed importers shall provide or make available the information on distance sales of goods to be imported in the customs territory of
Amendment 226 #
Proposal for a regulation Article 21 – paragraph 1 1. By way of derogation from Article 20(1), points (a) and (c), deemed importers shall provide or make available the information on distance sales of goods to be imported in the customs territory of the Union at the latest on the day following the date when the payment was accepted and in any event prior to the release of the goods.
Amendment 227 #
Proposal for a regulation Article 24 – paragraph 1 – point a a (new) (a a) the absence of serious and repeated infringements to other legislation applied by customs;
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 229 #
Proposal for a regulation Article 25 – paragraph 1 1. An importer
Amendment 230 #
Proposal for a regulation Article 25 – paragraph 1 1. An
Amendment 231 #
Proposal for a regulation Article 25 – paragraph 2 2. The customs authorities shall grant the status following consultation with other authorities, if necessary, and after having had
Amendment 232 #
Proposal for a regulation Article 25 – paragraph 3 – point a Amendment 233 #
Proposal for a regulation Article 25 – paragraph 3 – point a a (new) (a a) a) the criteria for the granting of the status of authorised economic operator b) in addition to article 24 -paragraph 1 (c) -in particular, during the last 3 years preceding the submission of the application, the applicant shal lhave fulfilled his financial obligations regarding payments of customs duties and all other duties, taxes or charges which are collected on or in connection with the import or export of goods, including on VAT and excise duties due in relation to intra-Union operations; c) in addition to article 24 -paragraph 1 (d), including that relevant employees are instructed on how to interact with customs authorities through the EU Customs Data Hub;
Amendment 234 #
Proposal for a regulation Article 25 – paragraph 3 – point a a (new) (a a) the absence of serious and repeated infringements to other legislation applied by customs
Amendment 235 #
Proposal for a regulation Article 25 – paragraph 3 – point b Amendment 236 #
Proposal for a regulation Article 25 – paragraph 3 – point c Amendment 237 #
Proposal for a regulation Article 25 – paragraph 3 – point c (c) financial solvency, which shall be deemed to be proven where the applicant has
Amendment 238 #
Proposal for a regulation Article 25 – paragraph 3 – point d Amendment 239 #
Proposal for a regulation Article 25 – paragraph 3 – point e Amendment 240 #
Proposal for a regulation Article 25 – paragraph 3 – point e (e) appropriate security, safety, including prodcut safety and compliance standards, adapted to the type and size of the activity carried out.The applicant will be required to participate in a mandatory training provided by the competent authorities related to the type of activity. The standards shall be considered as fulfilled where the applicant demonstrates that he or she maintains appropriate measures to ensure the security and safety of the international supply chain, including in the areas of physical integrity and access controls, logistical processes and handling of specific types of goods, personnel and identification of his or her business partners;
Amendment 241 #
Proposal for a regulation Article 25 – paragraph 3 – point e (e) appropriate security, safety and compliance standards, including product safety adapted to the type and size of the activity carried out.The applicant will be required to participate in a mandatory training provided by the competent authorities related to the type of activity. The standards shall be considered as fulfilled where the applicant demonstrates that he or she maintains appropriate measures to ensure the security and safety of the international supply chain, including in the areas of physical integrity and access controls, logistical processes and handling of specific types of goods, personnel and identification of his or her business partners;
Amendment 242 #
Proposal for a regulation Article 25 – paragraph 3 – point f – introductory part (f) having an electronic system
Amendment 243 #
Proposal for a regulation Article 25 – paragraph 3 – point f – introductory part (f) having an electronic system providing or making available to the customs authorities
Amendment 244 #
Proposal for a regulation Article 25 – paragraph 3 – point f – introductory part (f) having an electronic system providing or making available to the customs authorities real-time
Amendment 245 #
Proposal for a regulation Article 25 – paragraph 3 – point f – introductory part (f) having an electronic system providing or making available to the customs authorities
Amendment 246 #
Proposal for a regulation Article 25 – paragraph 3 – point f a (new) (f a) by way of exception to paragraph f and notwithsanding obligations linked to the importer or deemed importer status, Small and Medium Size enterprises may make compliance data available to customs authorities via a Digital Product Passport,
Amendment 247 #
Proposal for a regulation Article 25 – paragraph 4 – subparagraph 2 The customs authorities at least every
Amendment 248 #
Proposal for a regulation Article 25 – paragraph 4 – subparagraph 2 The customs authorities at least every
Amendment 249 #
Proposal for a regulation Article 25 – paragraph 5 – subparagraph 1 Where a Trust and Check trader changes its Member State of establishment, the customs authorities of the receiving Member State may reassess the Trust and Check authorisation, after consultation with the Member State that initially granted the status and having received the previous records on the operators.
Amendment 250 #
Proposal for a regulation Article 25 – paragraph 5 – subparagraph 2 The Trust and Check trader shall inform the customs authorities of the receiving Member State of any changes in its corporate structure,
Amendment 251 #
Proposal for a regulation Article 25 – paragraph 6 – subparagraph 1 Where a Trust and Check trader is suspected of: a. involvement in fraudulent activity in relation to its economic or business activity, b. repeated or serious infringement to other legislation applied by customs; its status shall be suspended.
Amendment 252 #
Proposal for a regulation Article 25 – paragraph 6 – subparagraph 1 Where a Trust and Check trader is
Amendment 253 #
Proposal for a regulation Article 25 – paragraph 6 – subparagraph 1 Where a Trust and Check trader is suspected of involvement in fraudulent activity in relation to its economic or business activity, or suspected of releasing non-compliant goods in the customs territory its status shall be suspended
Amendment 254 #
Proposal for a regulation Article 25 – paragraph 7 – introductory part 7. Customs authorities
Amendment 255 #
Proposal for a regulation Article 25 – paragraph 7 – introductory part 7. Customs authorities
Amendment 256 #
Proposal for a regulation 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) (e b) (g) to make entry in the declarant’s records in accordance with Article 73.
Amendment 258 #
Proposal for a regulation Article 25 – paragraph 9 9. By way of derogation from Article 110, where the importer or the exporter of the goods entering or exiting the customs territory has the status of Trust and Check trader, the goods shall be considered under a duty suspensive regime and remain under customs supervision until their final destination within the customs territory of the Unionwithout the obligation to place them in transit. The Trust and Check trader shall be liable for the payment of customs duties, other taxes and other charges in the Member State of establishment and where the authorisation was granted.
Amendment 259 #
Proposal for a regulation Article 25 – paragraph 11 – subparagraph 1 – point b Amendment 260 #
Proposal for a regulation Article 25 – paragraph 11 a (new) 11 a. The Commission and Member States shall set up a capacity building and best practice sharing support system for SMEs willing to obtain the Trust and Check status;
Amendment 261 #
Proposal for a regulation Article 26 Amendment 262 #
Proposal for a regulation Article 26 – paragraph 1 Amendment 263 #
Proposal for a regulation Article 26 – paragraph 2 2. By the date established in Article 265(3), the customs authorities shall assess the valid authorised economic operators’ authorisations for customs simplifications to check whether their holders may be granted the status of Trust and Check traders.
Amendment 264 #
Proposal for a regulation Article 26 – paragraph 3 Amendment 265 #
Proposal for a regulation 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, with the exception of the obligatiosn in Article 20(1) and Article 22 (1)c.
Amendment 266 #
Proposal for a regulation 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 An indirect customs representative acting in its own name but on behalf of an importer or an exporter
Amendment 268 #
Proposal for a regulation 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 269 #
Proposal for a regulation 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 trader if the person in whose name and on whose behalf that representative is acting has been granted such status or is a small and micro enterprise pursuant to Reccomendation 2003/361/EC or is an authorised economic operator pursuant to the present Regulation.
Amendment 270 #
Proposal for a regulation Article 27 – paragraph 3 3. A customs representative having the status of Trust and Check trader shall
Amendment 271 #
Proposal for a regulation Article 27 – paragraph 3 3.
Amendment 272 #
Proposal for a regulation 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 4.
Amendment 274 #
Proposal for a regulation Article 27 – paragraph 6 a (new) 6 a. [18 months after the entry into force] the Commission shall set up a voluntary system of accreditation for direct and indirect representatives having the expertise necessary to reliably act as direct or indirect representatives;
Amendment 275 #
Proposal for a regulation Article 27 – paragraph 6 a (new) 6 a. For the purposes of paragraph 3 of this Article, the Commission shall adopt and publish guidelines setting out common principles and practices for the implementation of obligations pursuant to Articles 20 and 22 respectively.
Amendment 276 #
Proposal for a regulation Article 29 – paragraph 1 – point b (b) ensure the quality of data as defined in Article 5 (66), integrity, traceability and non-repudiation of data processed therein, including the amendment of such data;
Amendment 277 #
Proposal for a regulation Article 29 – paragraph 1 – point b (b) ensure the quality, security, integrity, traceability and non-repudiation of data processed therein, including the amendment of such data;
Amendment 278 #
Proposal for a regulation Article 29 – paragraph 1 – point c a (new) (c a) ensure compliance with the provisions of Regulation (EU) XXXX/XXX of the European Parliament and of the Council laying down measures for a high common level of cybersecurity at the institutions, bodies, offices and agencies of the Union;
Amendment 279 #
Proposal for a regulation Article 29 – paragraph 1 – point h (h) enable the customs surveillance of goods and contribute to the enforcement of other legislations applied by customs.
Amendment 280 #
Proposal for a regulation Article 29 – paragraph 1 – point h –point i (new) i) enable parties having a public interest stake to access, subject to appropriate justification and upon a request made on the grounds of public interest, non-personal customs data collected from parties trading in products or goods imported into the EU
Amendment 281 #
Proposal for a regulation Article 29 – paragraph 1 – subparagraph 1 (new) Enable interoperability with the EU Maritime Single Window Environment for the provision and fulfilment of the customs formalities indicated in the Reporting Obligations Annex of Regulation 2019/1239.
Amendment 282 #
Proposal for a regulation Article 29 – paragraph 1 – point h a (new) (h a) enable the exchange of customs information with non-state actors with a general interest purpose;
Amendment 283 #
Article 29 – paragraph 3 3. The Commission shall develop, implement and maintain the EU Customs Data Hub, including making publicly available the technical specifications to process data within it,
Amendment 284 #
Proposal for a regulation Article 31 – paragraph 1 – point b a (new) (b a) for research purposes
Amendment 285 #
Proposal for a regulation Article 31 – paragraph 2 – subparagraph 2 To ensure the effectiveness of customs controls, all customs authorities from the EU territory may receive and process the data resulting from a customs control where non-compliant goods have been detected.
Amendment 286 #
Proposal for a regulation Article 31 – paragraph 3 – point c a (new) (c a) to perform robust real-time risk analysis to minimise the responsibilities and liability of legitimate operators;
Amendment 287 #
Proposal for a regulation Article 31 – paragraph 4 – point h a (new) (h a) to support the enforcement of other union legislations concerning products entering the internal market
Amendment 288 #
Proposal for a regulation Article 31 – paragraph 6 6. The European Public Prosecutor’s Office (‘EPPO’) may
Amendment 289 #
Proposal for a regulation Article 31 – paragraph 6 6. The European Public Prosecutor’s Office (‘EPPO’)
Amendment 290 #
Proposal for a regulation Article 31 – paragraph 7 7. The tax authorities of the Member States may process data, upon approval of a justified request, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively and to the extent necessary to determine the liability of any person for duty, fees and taxes that may be due in the Union in connection with the relevant goods and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article.
Amendment 291 #
Proposal for a regulation Article 31 – paragraph 8 8. The competent authorities as defined in Article 3, point (3), of Regulation (EU) 2017/625 of the European Parliament and of the Council67 may access data, upon approval of a justified request, including personal and commercially sensitive data, store or otherwise available in the EU Customs Data Hub exclusively and to the extent necessary for enforcing Union legislation governing the placing on the market or the safety of food, feed and plants and for cooperating with customs authorities to minimise the risks that non- compliant products enter the Union and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article.
Amendment 292 #
Proposal for a regulation Article 31 – paragraph 9 9. The market surveillance authorities designated by Member States in accordance with Article 10 of Regulation (EU) 2019/1020 may process data, upon approval of a justified request, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively and to the extent necessary for enforcing Union legislation governing the placing on the market or the safety of products and for cooperating with customs authorities to minimise the risks that non-compliant goods enter the Union, and under the conditions determined in
Amendment 293 #
Proposal for a regulation Article 31 – paragraph 12 12. Until
Amendment 294 #
Proposal for a regulation Article 31 – paragraph 12 12. Until the date set out in Article 265(3), the Commission, OLAF, EPPO and the EU Customs Authority once it is established shall, exclusively for the purposes stated in paragraphs 4, 5 and 6, be able to process data, including personal data, from the existing electronic systems for the exchange of information developed by the Commission pursuant to Regulation (EU) No 952/2013.
Amendment 295 #
Proposal for a regulation Article 31 – paragraph 12 a (new) 12 a. Until the date set out in Artile 265(3), non-personal trade data collected via existing electronic systems shall be accessible to non-state actors, especially researchers, via freedom of information requests.
Amendment 296 #
Proposal for a regulation Article 31 – paragraph 14 – subparagraph 1 – point f (f) determine the conditions and modalities for requests for access to data in a particular case, including personal or commercially sensitive data and which of the joint controllers will grant the access to the EU Customs Data Hub.
Amendment 297 #
Proposal for a regulation Article 31 – paragraph 14 – subparagraph 2 a (new) When processing personal data by the authorities mentioned in this article, the General Data Protection Regulation shall be respected.
Amendment 298 #
Proposal for a regulation Article 31 a (new) Article31a Publication of customs data Without prejudice to Directive (EU) 2016/943, Member State customs authorities, or the EU Customs Authority after the date included in Article 265.4, shall publish monthly updates containing non-personal customs data. The information published should include a record of each consignment and when applicable, the related importer, deemed- importer, exporter, consignor, seller, consignee, buyer, declarant, representative, producer/manufacturer, country of destination, region of destination, country of dispatch/export, country of origin, country of preferential origin, description of goods, commodity (Harmonised System/HS) code, volume, value, and declaration date.
Amendment 299 #
Proposal for a regulation Article 32 – paragraph 1 – point b (b) data subjects who are economic operators which are occasionally involved in activities covered by the customs legislation or by other legislation applied by the customs authorities;
Amendment 300 #
Proposal for a regulation Article 32 – paragraph 1 – point c (c) data subjects who are economic operators and whose personal information is contained in the supporting documents referred to in Article 40, or in any additional evidence required for the fulfilment of the obligations imposed by customs legislation and other legislation applied by the customs authorities;
Amendment 301 #
Proposal for a regulation Article 32 – paragraph 1 – point d (d) data subjects who are economic operators and whose personal data is contained in the data collected for risk management purposes pursuant to Article 50(3), point (a);
Amendment 302 #
Proposal for a regulation Article 33 – paragraph 3 Amendment 303 #
Proposal for a regulation Article 37 – paragraph 1 1. The Commission, the EU Customs Authority and the customs authorities shall use the EU Customs Data Hub when exchanging with the authorities and Union bodies referred to in Article 31(6) to (9) and (11) in accordance with this Regulation. The Commission, the EU Customs Authority and the customs authorities shall use SIENA when exchanging information with Europol.
Amendment 304 #
Proposal for a regulation Article 37 – paragraph 3 3. Where authorities other than customs authorities
Amendment 305 #
Proposal for a regulation Article 37 – paragraph 4 4. Where authorities other than customs authorities or authorities from third countries do not make use of electronic means established by, used to achieve the objectives of, or referred to in, Union legislation, those authorities may use the specific services and systems of the EU Customs Data Hub in accordance with Article 31.
Amendment 306 #
Proposal for a regulation Article 41 – paragraph 2 2. Goods brought into the customs territory of the Union shall remain under such supervision
Amendment 307 #
Proposal for a regulation Article 42 – paragraph 4 – introductory part 4. The customs office responsible for the place of establishment of the Trust and Check trader
Amendment 308 #
Proposal for a regulation Article 44 – paragraph 2 2. The customs authorities may
Amendment 309 #
Proposal for a regulation Article 50 – paragraph 3 – point a (a) collecting, processing, exchanging and analysing relevant data available in the EU Customs Data Hub and from other sources, including relevant data from competent authorities other than customs authorities;
Amendment 310 #
Proposal for a regulation Article 50 – paragraph 4 a (new) 4 a. Infringement to other legislation applied by customs and notified by competent authorities to customs authorities shall negatively impact the risk profile of the relevant importers, exporters or deemed importers;
Amendment 311 #
Proposal for a regulation Article 51 – paragraph 1 1. The Commission
Amendment 312 #
Proposal for a regulation Article 51 – paragraph 2 2. Without prejudice to paragraph 6, point (f), of this Article and to Article 43, the Commission
Amendment 313 #
Proposal for a regulation Article 51 – paragraph 3 – introductory part 3. The Commission
Amendment 314 #
Proposal for a regulation Article 51 – paragraph 4 4. For the purposes referred to in paragraphs 1 to 3, the Commission may collect, process and analyse data available in the EU Customs Data Hub and from other sources, including from
Amendment 315 #
Proposal for a regulation Article 51 – paragraph 5 – point e (e) develop and implement common risk analysis to generate risk signals, risk analysis results and where appropriate, issue control recommendations and other appropriate mitigation measures to the customs authorities, including for the application of the common priority control areas and the common risk criteria and standards established by the Commission and for dealing with crisis situations. The EU Customs Agency may invite Europol to contribute to the risks analysis to establish common priority control areas and common risk criteria and standards, within the limits of Europol’s mandate;
Amendment 316 #
Proposal for a regulation Article 51 – paragraph 5 – point f (f) inform OLAF where it identifies or suspects cases of fraud and provide it with all the necessary information related to these cases. Europol shall also be informed within the limits of Europol’s mandate.
Amendment 317 #
Proposal for a regulation Article 51 – paragraph 6 – point h (h) provide a justification to the EU Customs Authority in the event that a control recommendation was not executed. The criteria that need to be met for this paragraph will be set out in a delegated act.
Amendment 318 #
Proposal for a regulation Article 53 – paragraph 1 1. All risk information, signals, risk analysis results, control recommendations, control decisions and control results, shall be recorded in the operational process to which they relate and in the EU Customs Data Hub, irrespective of whether they were based on national or common risk analysis, or whether they were based on random selection. Customs authorities shall share risk information with each other, with the EU Customs Authority and with the Commission and where applicable, with the secretariats of Multilateral Environmental Agreements, provided that personal data is adequately protected.
Amendment 319 #
Proposal for a regulation Article 53 – paragraph 1 1. All risk information, signals, risk analysis results, control recommendations, control decisions and control results, shall be recorded in the operational process to which they relate and in the EU Customs Data Hub, irrespective of whether they were based on national or common risk analysis, or whether they were based on random selection. Customs authorities shall share risk information with each other, with the EU Customs Authority and with the Commission and with Europol, within the limits of Europol’s mandate.
Amendment 320 #
Proposal for a regulation Article 54 – paragraph 1 1. The Commission, in cooperation with the EU Customs Authority and the customs authorities, shall evaluate the implementation of risk management in order to continuously improve its operational and strategic effectiveness and efficiency at least once every
Amendment 321 #
Proposal for a regulation Article 54 – paragraph 1 1. The Commission, in cooperation with the EU Customs Authority and the customs authorities, shall evaluate the implementation of risk management in order to continuously improve its operational and strategic effectiveness and efficiency at least once every
Amendment 322 #
Proposal for a regulation Article 59 – paragraph 2 2. Deemed importers shall provide or make available the information on distance sales of goods to be imported in the customs territory of
Amendment 323 #
Proposal for a regulation Article 60 – paragraph 2 – point a (a) an importer, a responsible person or exporter is responsible for the goods;
Amendment 324 #
Proposal for a regulation Article 60 – paragraph 3 – point b (b) where they have any evidence that the goods do not comply with the relevant other legislation applied by the customs authorities
Amendment 325 #
Proposal for a regulation Article 60 – paragraph 3 – point b (b) where they have any evidence that the goods do not comply with the relevant other legislation applied by the customs authorities
Amendment 326 #
Proposal for a regulation Article 60 – paragraph 3 – point b a (new) (b a) where other legislation applied by customs require consultation with other competent authorities;
Amendment 327 #
Proposal for a regulation Article 60 – paragraph 3 – point b a (new) (b a) Where other legislation requires to consult authorities, this should be provided for;
Amendment 328 #
Proposal for a regulation Article 60 – paragraph 5 – point b –point ii Amendment 329 #
Proposal for a regulation Article 60 – paragraph 5 – point b –point ii Amendment 330 #
Proposal for a regulation Article 60 – paragraph 5 – point b –point ii Amendment 331 #
Proposal for a regulation Article 60 – paragraph 5 – point b –point iii (iii) the other authorities notify the customs authorities that more time is needed to assess whether the goods comply with the relevant other legislation applied by the customs authorities, on the condition that they have not requested to maintain the suspension, and the importeror the responsible person or the exporter provides to the customs authorities full traceability of those goods for 15 days starting from the notification of the other authorities or until the other authorities have assessed and communicated the outcome of their controls to the importer or the responsible person or the exporter, whichever comes first. The customs authorities shall make the traceability available to the other authorities.
Amendment 332 #
Proposal for a regulation Article 60 – paragraph 5 – point b –point iii (iii) the other authorities notify the customs authorities that more time is needed to assess whether the goods comply with the relevant other legislation applied by the customs authorities, on the condition that they have not requested to maintain the suspension, and the importer or the exporter provides to the customs authorities full traceability of those goods
Amendment 333 #
Proposal for a regulation Article 60 – paragraph 5 – point b –point iii (iii) the other authorities notify the customs authorities that more time is needed to assess whether the goods comply with the relevant other legislation applied by the customs authorities, on the condition that they have not requested to maintain the suspension, and the importer or the exporter provides to the customs authorities full traceability of those goods
Amendment 334 #
Proposal for a regulation Article 60 – paragraph 6 – introductory part 6. Without prejudice to the relevant other legislation applied by the customs authorities, the customs authorities shall be deemed to have released the goods where they have not selected them for any control
Amendment 335 #
Proposal for a regulation Article 75 a (new) Article 75a Organisation of the EU Customs Authority In the interests of transparency, interested parties should be given observer status within the Advisory Board established and consulted by the Management Board of the EU Customs Authority.
Amendment 336 #
Proposal for a regulation Article 80 – paragraph 2 2. The advance cargo information shall include at least the importer responsible for the goods, the unique reference for the consignment, the consignor, the consignee, a description of the goods, the tariff classification, the value, the country of final destination of the goods, the data on the route and the nature and identification of the means of transport bringing the goods and the transportation cost. The advance cargo information shall be provided before the goods arrive to the customs territory of the Union.
Amendment 337 #
Proposal for a regulation Article 80 – paragraph 9 9. Until the date in Article 265(3), the entry summary declaration submitted in accordance with the rules and data rrquirements set down in Regulation 952/2013, its Implementing and Delegated Acts shall be considered the advance cargo information.
Amendment 338 #
Proposal for a regulation Article 83 – paragraph 1 – subparagraph 1 (new) Until the date in Article 265(3), the Arrival Notification shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
Amendment 339 #
Proposal for a regulation Article 83 – paragraph 4 4.
Amendment 340 #
Proposal for a regulation Article 83 – paragraph 6 6.
Amendment 341 #
Proposal for a regulation Article 85 – paragraph 2 2. The customs authorities shall require the carrier
Amendment 342 #
Proposal for a regulation Article 85 – paragraph 5 – subparagraph 1 (new) Until the date in Article 265(3), the Presentation Notification shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
Amendment 343 #
Proposal for a regulation Article 86 – paragraph 1 – subparagraph 1 (new) Until the date in Article 265(3), the Temporary Storage Declaration shall be submitted in accordance with the rules and data requirements set down in Regulation 952/2013, its Implementing and Delegated acts.
Amendment 344 #
Proposal for a regulation Article 86 – paragraph 5 5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than 30 days after the notification of their arrival
Amendment 345 #
Article 86 – paragraph 5 5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than
Amendment 346 #
Proposal for a regulation Article 86 – paragraph 5 5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than
Amendment 347 #
Proposal for a regulation Article 86 – paragraph 5 5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than
Amendment 348 #
Proposal for a regulation Article 86 – paragraph 5 5. Non-Union goods in temporary storage shall be placed under a customs procedure for a period of 90 days no later than 3 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 349 #
Proposal for a regulation Article 99 – paragraph 3 Amendment 350 #
Proposal for a regulation Article 99 – paragraph 5 Amendment 351 #
Proposal for a regulation Article 119 – paragraph 1 1.
Amendment 353 #
Proposal for a regulation Article 147 – paragraph 1 Amendment 354 #
Proposal for a regulation Article 147 – paragraph 1 a (new) Manufacturers and importers shall ensure that products imported into or marketed in the Union bear an indication of the country of origin of the product or, where the size or nature of the product does not allow it, that indication is to be provided on the packaging or in a document accompanying the product.
Amendment 355 #
Proposal for a regulation Article 147 – paragraph 1 b (new) For the purpose of determination of the country of origin within the meaning of paragraph 1 of this Article, non- preferential origin rules set out in Articles 147a to 149 of this Regulation, including delegated acts to be adopted pursuant to Article 148 of this Regulation, shall apply.
Amendment 356 #
Proposal for a regulation Article 147 – paragraph 1 c (new) Where the country of origin determined is a Member State of the Union, manufacturers and importers shall make reference to the Member State.
Amendment 357 #
Proposal for a regulation Article 147 – paragraph 1 d (new) Country of origin indications may, at the choice of the manufacturer, be mentioned only in English using the formula ‘Made in [country]’.
Amendment 358 #
Proposal for a regulation Article 147 a (new) Article 147a Non-preferential origin The rules for the determination of the non-preferential origin of goods in Articles 148 and 149 shall be used for applying the following: (a)the Common Customs Tariff with the exception of the measures referred to in Article 145(2)(d) and (e); (b)measures, other than tariff measures, established by Union provisions governing specific fields relating to trade in goods; and (c)other Union measures relating to the origin of goods.
Amendment 359 #
Proposal for a regulation Article 149 – paragraph 1 1.
Amendment 360 #
Proposal for a regulation Article 149 – paragraph 2 Amendment 361 #
Proposal for a regulation Article 149 – paragraph 3 Amendment 362 #
Proposal for a regulation Article 150 – paragraph 10 10.
Amendment 363 #
Proposal for a regulation Article 150 – paragraph 10 10.
Amendment 364 #
Proposal for a regulation Article 159 – paragraph 2 – subparagraph 2 Where the information provided or made available for the purpose of the procedures referred to in paragraph 1 leads to all or part of the import duty not being collected, the person who provided that information and who knew, or who ought reasonably to have known, that such information was false shall also be a debtor. That person shall be responsible for the payment of any other charges applicable including custom formalities fees and courier fees
Amendment 365 #
Proposal for a regulation Article 159 – paragraph 2 – subparagraph 2 Where the information provided or made available for the purpose of the procedures referred to in paragraph 1 leads to all or part of the import duty not being collected, the person who provided that information and who knew, or who ought reasonably to have known, that such information was false shall also be a debtor.That person shall be responsible for the payment of any other charges applicable.
Amendment 366 #
Proposal for a regulation Article 159 – paragraph 3 3. Where Title XII, Chapter 6, Section 4 of Directive 2006/112/EC applies to the distance sales of goods to be imported from third countries or territories to an end- customer in the customs territory of the Union, the deemed importer shall incur a customs debt when the payment for the distance sale is accepted and shall be the debtor.The deemed importer shall also be responsible for the payment of any other charges applicable.
Amendment 367 #
Proposal for a regulation Article 159 – paragraph 3 3. Where Title XII, Chapter 6, Section 4 of Directive 2006/112/EC applies to the distance sales of goods to be imported from third countries or territories to an end- customer in the customs territory of the Union, the deemed importer shall incur a customs debt when the payment for the distance sale is accepted and shall be the debtor. The deemed importer shall also be responsible for the payment of any other charges applicable.
Amendment 368 #
Proposal for a regulation Article 181 – paragraph 3 – subparagraph 2 However, where the notification of the customs debt would prejudice a criminal investigation, the customs authorities may defer that notification until such time as it no longer prejudices the criminal investigation, even if that investigation takes place in a different Member State. If requested to do so by an authority that is competent for criminal investigations and prosecutions, including the EPPO, the customs authorities shall defer the notification.
Amendment 369 #
Proposal for a regulation Article 184 – paragraph 9 9. The entry in the accounts may be deferred in the case referred to in Article 181(3), second subparagraph, until such time as the notification of the customs debt no longer prejudices a criminal investigation, even if that investigation takes place in a different Member State.
Amendment 370 #
Proposal for a regulation Article 200 – paragraph 1 a (new) Sanctions and liabilities imposed on economic entities shall be proportionate to their role in the transaction process, ensuring fairness and clarity in their application.
Amendment 371 #
Proposal for a regulation Article 203 – paragraph 2 – introductory part 2. Protocols and procedures
Amendment 372 #
Proposal for a regulation Article 203 – paragraph 2 a (new) 2 a. the implementation of custom´s digital fast lanes at borders to minimize delays and backups in freight flows, allowing digital copies and signatures.
Amendment 373 #
Proposal for a regulation Article 203 – paragraph 2 b (new) 2 b. the avoidance of trade restrictions concerning crisis-relevant goods as defined in Artcle 3 paragrpah 1 pont 6 of the Regulation establishing a Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98
Amendment 374 #
Proposal for a regulation Article 204 – paragraph 2 2. The EU Customs Authority shall coordinate and supervise the application and implementation of the appropriate measures and arrangements by the customs authorities and shall report back on the results of this implementation to the Commission, the European Parliament and the Council.
Amendment 375 #
Proposal for a regulation Article 206 – paragraph 1 The Member State hostingthe seat of the EU Customs Authority shall
Amendment 376 #
Proposal for a regulation Article 207 – paragraph 2 – point d a (new) (d a) The EU Customs Authority shall contribute to the mission of customs authorities to support legitimate business activity, by maintaining a proper balance between customs controls, the facilitation of legitimate trade and the simplification of customs processes and procedures by: (i) performingrobust risk analysis enabled by the EU Customs Data Hub capabilities, including artificial intelligence as defined in Article 29 (1) (f);and (ii) providing trusted traders with access to real-time risk analysis data made available through the EU Customs Data Hub and categorized with a color code, as follows: - Green for “shipment not at risk” as defined in Article 5(64a new); - Yellow for “shipment at risk to be assessed before release in the internal market”, as defined in Article 5 (64 b new); - Red for “incompliant shipment” to be denied for pick up at origin as defined in Article 5 (64 c new). The color codes provision shall be detailed by way of an implementing act. (iii) submitting on a yearly basis a series of recommendations to improve customs facilitation and to ensure a fair and balanced level of liability for trusted traders.
Amendment 377 #
Proposal for a regulation Article 207 – paragraph 2 – point d b (new) (d b) The EU Customs Authority shall introduce a mandatory special scheme for customs duty collection on distance sales of goods imported from third territories or third countries. This mandatory special scheme should be aligned with the special scheme defined in Title XII, Section 4 of Directive 2006/112 (EC).
Amendment 378 #
Proposal for a regulation Article 208 – paragraph 2 a (new) 2 a. The EU Customs Authority shall support the Commisison and the Member States to supervise more efficiently the implementation of the restrictive measures on the flow of goods that can be adopted by the Council in accordance with Article 215 TFEU, to ensure that those measures are not circumvented.
Amendment 379 #
Proposal for a regulation Article 208 – paragraph 3 – point c (c) prepare the minimum common training content for customs officers in the Union and monitor its use by customs authorities
Amendment 380 #
Proposal for a regulation Article 208 – paragraph 3 – point c (c) prepare
Amendment 381 #
Proposal for a regulation Article 208 – paragraph 3 – point f (f) facilitate and coordinate research and innovation activities in the customs field, and regularly inform the EU Innovation Hub for Internal Security about its activities;
Amendment 382 #
Proposal for a regulation Article 208 – paragraph 3 – point j a (new) (j a) cooperate with the secretariats of relevant Multilateral Environmental Agreements to which the EU is party;
Amendment 383 #
Proposal for a regulation Article 208 – paragraph 3 a (new) 3 a. m. consult with relevant stakeholders and operators.
Amendment 384 #
Proposal for a regulation Article 210 Amendment 385 #
Proposal for a regulation Article 211 – paragraph 1 – point d a (new) (d a) an advisory body who shall exercise the functions set out in Article 212 (a -new)
Amendment 386 #
Proposal for a regulation Article 212 – paragraph 1 1. The Management Board shall be composed of one representative from each Member State and two representatives of the Commission, all with voting rights. The voting weight of each representative from a Member State shall be based on relative trading volumes of that Member State.
Amendment 387 #
Proposal for a regulation Article 212 – paragraph 1 1. The Management Board shall be composed of one representative from each Member State and two representatives of the Commissionand one representative of the European Parliament, all with voting rights.
Amendment 388 #
Proposal for a regulation Article 212 – paragraph 2 Amendment 389 #
Proposal for a regulation Article 212 a (new) Article212a Functions of the advisory board The Management Board shall appoint four of the members of the advisory board to participate with observer status in the Management Board. They shall represent, as broadly as possible, the different views represented in the advisory body. The initial term of office shall be 48 months and shall be extendable.
Amendment 390 #
Proposal for a regulation Article 214 – paragraph 4 4. The Management Board
Amendment 391 #
Proposal for a regulation Article 215 – paragraph 1 – point v a(new) (v a) The Management Board shall establish an advisory body representing the full range of interested parties affected by the work of the EU Customs Authority, which it shall consult prior to making decisions.The Management Board shall not, in any case, be bound by the opinion of the advisory body.
Amendment 392 #
Proposal for a regulation Article 215 – paragraph 1 a (new) 1 a. The Management Board shall establish and adopt rules of procedure for an advisory body representing the full range of stakeholders affected by the work of the EU Customs Authority, which it shall regularly consult prior to making decisions.
Amendment 393 #
Proposal for a regulation Article 216 – paragraph 2 Amendment 394 #
Proposal for a regulation Article 217 – paragraph 2 – point b (b) ensure, together with the Management Board, adequate follow-up to the findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of OLAF and of EPPO, as well as implement adequate procedures of reporting suspicions of criminal conduct to the latter;
Amendment 395 #
Proposal for a regulation Article 219 – paragraph 5 – point f (f) prepare an action plan following up on the conclusions of internal or external audit reports and evaluations, as well as on investigations by OLAF and by the EPPO, and report on progress twice a year to the Commission and regularly to the Executive Board and the Management Board, as well as ensuring reporting of suspicions of criminal conduct to EPPO, where applicable;
Amendment 396 #
Proposal for a regulation Article 221 – paragraph 1 a (new) Section 4 Customs Advisory Board 221a Customs Advisory Board 1.The EU Customs Authority shall estblish a Customs Advisory Board to assist the Executive Board 2.The Customs Advisory Board is tasked to: a) give input on the customs dimensions of other legislation applied by customs; b) communicate recommendations for priority areas of control 3.The Customs Advisory Board (CAB) shall be composed of representatives of civil society organisations, including consumer organisations, employers federation and other relevant stakeholders; 3. The Customs Advisory Board shall hold at least one ordinary meeting every six months. In addition, it shall meet at the request of the EU Customs Authority or Executive Board.
Amendment 397 #
Proposal for a regulation Article 228 – paragraph 6 6. In accordance with Regulation (EU) 2017/1939, EPPO
Amendment 398 #
Proposal for a regulation Article 228 – paragraph 6 6. In accordance with Regulation (EU) 2017/1939, EPPO
Amendment 399 #
Proposal for a regulation Article 240 – paragraph 1 1. Customs authorities shall cooperate with other authorities at national level, including, but not limited to, market surveillance authorities, sanitary and phytosanitary authorities, law enforcement authorities and tax authorities, in the field other legislation applied by the customs authorities, collection of duties and taxes and other relevant fields of cooperation. Customs authorities shall immediately alert all relevant authorities when they suspect infringement of other relevant EU legislations and send a notification in the EU Customs Data Hub. Where appropriate, customs authorities shall also cooperate with relevant bodies, expert groups, agencies, offices or networks coordinating the activities of other authorities at Union level. Where appropriate, customs authorities shall also cooperate with other relevant parties at EU level, as referred to in paragraph 9, and the involved customs authorities shall notify the EU Customs Authority.
Amendment 400 #
Proposal for a regulation Article 240 – paragraph 1 1. Customs authorities shall cooperate with other authorities at national level, including, but not limited to, market surveillance authorities, sanitary and phytosanitary authorities, law enforcement authorities and tax authorities, in the field other legislation applied by the customs authorities, collection of duties and taxes and other relevant fields of cooperation. Customs authorities shall alert relevant competent authorities of suspected infringement to other EU legislations and add the information in the EU customs data hub. Where appropriate, customs authorities shall also cooperate with relevant bodies, expert groups, agencies, offices or networks coordinating the activities of other authorities at Union level. Where appropriate, customs authorities shall also cooperate with other relevant parties at EU level, as referred to in paragraph 9, and the involved customs authorities shall notify the EU Customs Authority.
Amendment 401 #
Proposal for a regulation Article 240 – paragraph 2 – point d a (new) (d a) the exchange of skills and best practices through joint trainings on how to detect non-compliant products, including keeping up to date on any other Union legislation that sets compliance requirements such as those related to product safety and sustainability.
Amendment 402 #
Proposal for a regulation Article 240 – paragraph 8 8. The EU Customs Authority shall closely cooperate with OLAF and EPPO where fraud or suspicion of fraud occurs in any of its cooperation activities.
Amendment 403 #
Proposal for a regulation Article 241 – paragraph 1 1. The EU Customs Authority shall plan, organise and coordinate joint controls that are carried out by customs authorities, where relevant in cooperation with other authorities, bodies and agencies including Europol in accordance with Article 240(9).
Amendment 404 #
Proposal for a regulation Article 241 – paragraph 2 2. For this purpose, the EU Customs Authority shall follow the customs policy priorities and ensure the necessary links and coordination with the anti-fraud activities
Amendment 405 #
Proposal for a regulation Article 241 – paragraph 2 2. For this purpose, the EU Customs Authority shall follow the customs policy priorities and ensure the necessary links and coordination with the anti-fraud activities
Amendment 406 #
Proposal for a regulation Article 241 – paragraph 2 2. For this purpose, the EU Customs Authority shall follow the customs policy priorities and ensure the necessary links and coordination with anti-fraud activities by OLAF and EPPO and EUROPOL and national customs investigations.
Amendment 407 #
Proposal for a regulation Article 242 – paragraph 1 – point h (h) alerting other authorities about risks relevant for their work, as well as reporting suspicions of fraud and criminality;
Amendment 408 #
Proposal for a regulation Article 243 – paragraph 1 The EU Customs Authority
Amendment 409 #
Proposal for a regulation Article 244 – paragraph 5 Amendment 410 #
Proposal for a regulation Article 244 – paragraph 6 Amendment 411 #
Proposal for a regulation Article 244 – paragraph 7 Amendment 412 #
Article 252 – paragraph 1 – point c a (new) (ca) affixing of an indication of origin where such indication does not comply with the rules for determining non- preferential origin;
Amendment 413 #
Proposal for a regulation Article 252 – paragraph 1 – point f a (new) (f a) failure to comply with importer and deemed importer obligations in accordance to article 20 and 21.
Amendment 414 #
Proposal for a regulation Article 252 – paragraph 1 – point g a (new) (g a) failure to comply with importer and deemed importer obligations in accordance to article 20 and 21.
Amendment 415 #
Proposal for a regulation Article 252 – paragraph 1 – point g a (new) (g a) failure to comply with importer and deemed importer obligations in accordance to article 20 and 21.
Amendment 416 #
Proposal for a regulation Article 253 – paragraph 1 1. Without prejudice to the sanctions laid down in Article 254, Member States may provide for additional sanctions for customs infringements referred to in Article 252 and for all measures necessary to ensure that such sanctions are implemented. Such sanctions shall be effective, proportionate and dissuasive. The European Commission, Member States and the EU Customs Authority shall regularly exchange best practices and applicable methodologies on audit and sanctions calculation, in order to improve the convergence and coherence of sanctions accross the EU. The Commission shall regularly assess whether the sanctions applied by Member States are sufficient to reach the objectives of the described in Article 2, and take appropriate action if necessary.
Amendment 417 #
Proposal for a regulation Article 254 – paragraph 1 – introductory part Where sanctions to customs infringements referred to in Article 252 are applied,
Amendment 418 #
Proposal for a regulation Article 254 – paragraph 1 – point a Amendment 419 #
Proposal for a regulation Article 254 – paragraph 1 – point a –point iii a (new) (iii a) where the customs infringement is related to the deemed importer obligations, the pecuniary charge shall comprise an amount up to 10% of the importer’s total turnover in the preceding financial year.
Amendment 420 #
Proposal for a regulation Article 254 – paragraph 1 – point a –point iii a (new) (iii a) where the customs infringement is related to the deemed importer obligations, the pecuniary charge shall comprise an amount up to 4% of the importer’s total turnover in the preceding financial year.
Amendment 421 #
Proposal for a regulation Article 256 – paragraph 4 4. The Commission shall verify the report and transmit it afterwards to the Member States and the Europan Parliamentfor information.
Amendment 422 #
Proposal for a regulation Article 256 – paragraph 4 4. The Commission shall verify the report and transmit it afterwards to the
Amendment 423 #
Proposal for a regulation Article 258 – paragraph 1 – subparagraph 1 By ... [OP please insert the date =
Amendment 424 #
Proposal for a regulation Article 265 – paragraph 2 – introductory part 2. The following provisions shall apply from
Amendment 425 #
Proposal for a regulation Article 265 – paragraph 2 – introductory part 2. The following provisions shall apply from
Amendment 426 #
Proposal for a regulation Article 265 – paragraph 3 3. The functionalities of the EU Customs Data Hub laid down in Article 29 shall be fully operational by 31 December 203
Amendment 427 #
Proposal for a regulation Article 265 – paragraph 3 3. The functionalities of the EU Customs Data Hub laid down in Article 29 shall be fully operational by 31 December 203
Amendment 428 #
Proposal for a regulation Article 265 – paragraph 4 4. Economic operators may start fulfilling their reporting obligations under this Regulation by using the EU Customs Data Hub from 1 March 20
Amendment 429 #
Proposal for a regulation Article 265 – paragraph 6 6. Before 31 December 2027, the Commission shall present a report to the European Parliament and to the Council providing an assessment of centralised clearance referred to in Article 72. If appropriate, the Commission may present a legislative proposal with a view to ensuring a fair distribution of the rights and obligations of the Member States in connection with the assessment of and liability for the customs debt at import.This report shall be available to the public.
Amendment 430 #
Proposal for a regulation Article 265 – paragraph 6 6. Before 31 December 2027, the Commission shall present a report to the European Parliament and to the Council providing an assessment of centralised clearance referred to in Article 72. If appropriate, the Commission may present a legislative proposal with a view to ensuring a fair distribution of the rights and obligations of the Member States in connection with the assessment of and liability for the customs debt at import. This report shall be publicly available.
Amendment 431 #
Proposal for a regulation Article 265 – paragraph 7 – introductory part 7. By 31 December 2035, the Commission shall present a report to the European Parliament and to the Council and publish it to the publicto assess, in particular:
Amendment 432 #
Proposal for a regulation Article 265 – paragraph 7 – introductory part 7. By 31 December 2035, the Commission shall present a report to the European Parliament and to the Council and publish itto assess, in particular:
Amendment 433 #
Proposal for a regulation Article 265 – paragraph 7 – introductory part 7. By 31 December 203
Amendment 434 #
Proposal for a regulation Article 265 – paragraph 7 – introductory part 7. By 31 December 20
source: 756.213
2023/11/30
BUDG
41 amendments...
Amendment 21 #
Proposal for a regulation Recital 1 a (new) (1 a) Common Customs Tariff duties and other duties established in respect of trade with third countries constitute an own resource entered in the Union budget, and represent a legitimate, stable and important source of revenue for the Union budget. For the sake of covering the operating costs supported by their national administrations to ensure the proper functioning of the EU Customs Union, Member States retain, by way of collection costs, a percentage of the amount of customs duties collected by them.
Amendment 22 #
Proposal for a regulation Recital 1 b (new) (1 b) Over the period covering the MFF 2021-2027, Member States retain 25% of the collected customs duties as a retention cost, a rate in constant increase compared to the previous MFF. Such an upward trend undermines the Union budget, goes against the spirit of the Own Resources Decision and leads to an equivalent increase in Member States contribution to the Union budget, the GNI-based contribution acting as an adjustment factor to ensure a balanced EU budget. The retention of customs duties by Member States shall only be justified to cover operating costs incurred by customs authorities, and shall be strictly limited to this purpose.
Amendment 23 #
Proposal for a regulation Recital 2 (2) The implementation of Regulation (EU) No 952/2013 has disclosed weaknesses in several areas. These include: the insufficient/ineffective action in ensuring the protection of the Union and its citizens against non-financial risks applicable to goods established by Union policies other than customs legislation; the capacity of customs authorities to effectively handle the increasing volume of goods imported from third country via distance sales (e-commerce transactions); the capacity of the IT systems architecture created by Regulation (EU) No 952/2013 to digitalise customs processes to keep up with the pace of technological progress, namely with technologies based on the exploitation of data; the lack of effective governance structures of the customs union, resulting in divergent practices and non-uniform implementation of the rules in the Member States. Those weaknesses lead to the emergence of obstacles to the proper functioning of the customs union and therefore of the internal market, due to the internal and external risks and threats, and have also significantly undermined the capacity of national authorities to levy customs duties proportionate to the real value of imports entering the EU Single Market. This customs gap has led to an important loss of revenues for the Union budget, which should be addressed.
Amendment 24 #
Proposal for a regulation Recital 55 (55) Criteria to be taken into account in order to contribute to the decision making process for choosing the EU Customs Authority seat should be the assurance that Authority can be set up on site upon the entry into force of this Regulation, the accessibility of the location and the existence of adequate education facilities for the children of staff members as well as appropriate access to the labour market, social security and medical care for both children and spouses of staff members. In view of the cooperative nature of most of the EU Customs Authority activities, and in particular the close connection that will exist between the IT systems that the Commission will maintain during the transitional period, while the EU Customs authority will build and operate the EU Customs Data Hub, it should be in a place that allows such close cooperation with the Commission, the authorities of the Union regions most relevant for international trade, and relevant Union and international bodies
Amendment 25 #
Proposal for a regulation Recital 55 a (new) (55 a) The Authority should proactively contribute to national and Union efforts while carrying out its tasks in full cooperation with Union institutions, bodies, offices and agencies, and Member States, avoiding any duplication of work, promoting synergy and complementarity. In order to achieve financial savings, the Authority should, where and when appropriate, cooperate closely with other Union institutions, agencies and bodies, especially those that have their seat in the same Member State.
Amendment 26 #
Proposal for a regulation Recital 56 (56) The Member States
Amendment 27 #
Proposal for a regulation Recital 56 a (new) (56 a) With regard to the prevention and management of conflicts of interest, it is essential that the Authority acts impartially, demonstrates integrity and establishes high professional standards. There should never be any legitimate reason to suspect that decisions might be influenced by interests conflicting with the role of the Authority as a body serving the Union as a whole or by private interests or affiliations of any member of the Management Board which would create, or have the potential to create, a conflict with the proper performance of the official duties of the person concerned. The Management Board should therefore adopt and make publicly available comprehensive rules on conflicts of interests, giving due consideration to the recommendations of the European Ombudsman. Those arrangements should ensure in particular that senior representatives of the Authority do not undermine its integrity during or after their term of office.
Amendment 28 #
Proposal for a regulation Recital 57 (57) To guarantee its effective functioning
Amendment 29 #
Proposal for a regulation Recital 57 a (new) (57 a) With regard to the prevention and management of conflicts of interest, it is essential that the Authority acts impartially, demonstrates integrity and establishes high professional standards. There should never be any legitimate reason to suspect that decisions might be influenced by interests conflicting with the role of the Authority as a body serving the Union as a whole or by private interests or affiliations of any member of the Management Board which would create, or have the potential to create, a conflict with the proper performance of the official duties of the person concerned. The Management Board should therefore adopt comprehensive rules on conflicts of interests.
Amendment 30 #
Proposal for a regulation Recital 64 a (new) (64 a) The financial proceeds resulting from the enforcement of Union regulations should accrue to the Union budget, as an own resource or as other revenue. The minimum harmonisation of non-criminal sanctions as well as the increasing role of the EU in the enforcement of the Union Customs Code should be considered in this context. The proceeds of such sanctions should constitute an EU own resource alongisde customs duties.
Amendment 31 #
Proposal for a regulation Recital 64 a (new) (64 a) Pecuniary charges resulting from the application of common minimum non- criminal sanctions shall be transferred to the Union budget as other revenues.
Amendment 32 #
Proposal for a regulation Recital 64 b (new) (64 b) If Member States decide to provide for further acts and omissions that constitute customs infringements than those defined in the present regulation, or if they decide to provide for pecuniary sanctions above the minimum thresholds for customs infringements defined in the present regulation, they shall retain the proceeds of the corresponding pecuniary charges resulting from the application of these sanctions.
Amendment 33 #
Proposal for a regulation Recital 65 (65) The performance of the customs union, including the costs incurred by customs authorities to carry out their tasks, should be evaluated at least on an annual basis to allow the Commission, with the help of the Member States, to take the appropriate policy orientations, including with regard to the retention rate applied by Member States on customs duties collected by them. The collection of information from customs authorities should be formalised and deepened, as more comprehensive reporting would improve benchmarking and could help to homogenise practices and assess the impact of customs policy decisions. It is, therefore, appropriate to introduce a legal framework for the evaluation of the performance of the customs union. To allow sufficient granularity of analysis, the performance measurement should be done not only at national level but also at border crossing point level. The EU Customs Authority should support the Commission in the evaluation process by gathering and analysing the data in the EU Customs Data Hub and identifying how customs activities and operations support the achievement of the strategic objectives and priorities of the customs union and contribute to the mission of customs authorities. In particular, the EU Customs Authority should identify key trends, strengths, weaknesses, gaps, and potential risks, and provide recommendations for improvement to the Commission. It should also support the Commission to carry out, in close cooperation with Member States, an analysis of the operating costs incurred by national customs authorities for the fulfilment of their tasks. In the context of cooperation with law enforcement and security authorities in particular, the EU Customs Authority should also participate, from the operational perspective, in strategic analyses and threat assessments conducted at Union level, including those carried out by Europol and Frontex.
Amendment 34 #
Proposal for a regulation Article 204 – paragraph 3 3. The EU Customs Authority shall set up a crisis response cell that is permanently available throughout the crisis. This cell should be financed by the budget granted to the EU Customs Authority.
Amendment 35 #
Proposal for a regulation Article 208 – paragraph 3 – point b (b) carry out performance measurement for the customs union, and support the Commission in its evaluation of the performance of the customs union, including the measurement of operating costs incurred by customs authorities to carry out their activity, in accordance with Title XV, Chapter 1;
Amendment 36 #
Proposal for a regulation Article 208 – paragraph 3 – point k a (new) (k a) monitor the legal frameworks applied in the Member States to deter non-compliance with the Union Customs Code and support the Member States in the implementation and application of minimum non-criminal sanctions defined in Article 254;
Amendment 37 #
Proposal for a regulation Article 212 – paragraph 4 4. Members of the Management Board and their alternates shall be appointed in the light of their knowledge in the field of customs, taking into account relevant managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of its work. All parties shall
Amendment 38 #
Proposal for a regulation Article 212 – paragraph 4 4. Members of the Management Board and their alternates shall be appointed in the light of their knowledge in the field of customs, taking into account relevant managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of its work. All parties shall
Amendment 39 #
Proposal for a regulation Article 212 – paragraph 5 a (new) 5 a. Each member and alternate shall sign a written statement at the time of taking office declaring that he or she is not in the situation of conflict of interests. Each member and alternate shall update his or her statement in the case of a change of circumstances with regard to any conflict of interests, or at least on an annual basis. The Authority shall publish the statements and updates on its website.
Amendment 40 #
Proposal for a regulation Article 212 – paragraph 5 a (new) 5 a. Each member and alternate shall sign a written statement at the time of taking office declaring that he or she is not in a situation of conflict of interests. Each member and alternate shall update his or her statement in the case of a change of circumstances with regard to any conflict of interests or at least on an annual basis. The Agency shall publish the statements and their updates on its website.
Amendment 41 #
Proposal for a regulation Article 213 – paragraph 1 1. The Management Board shall elect a Chairperson from among the Commission representatives and a Deputy Chairperson from among its other members with voting rights ensuring gender balance.
Amendment 42 #
Proposal for a regulation Article 214 – paragraph 6 6. When a matter of confidentiality or conflict of interests is on the agenda, the Management Board shall discuss and decide on this matter without the presence of the member concerned. This shall not affect the right of the Member States, the European Parliament and of the Commission to be represented by an alternate or by any other person. Detailed rules for the application of this provision may be laid down in the rules of procedure.
Amendment 43 #
Proposal for a regulation Article 215 – paragraph 1 – point f (f) adopt and make publicly available the rules for the prevention and management of conflicts of interests in respect of its members; and shall publish annually on its website the declaration of interests of the management board members;
Amendment 44 #
Proposal for a regulation Article 215 – paragraph 1 – point h (h) adopt
Amendment 45 #
Proposal for a regulation Article 217 – paragraph 4 4. The Executive Board shall be composed of the two representatives of the Commission to the Management Board and three other members appointed by the Management Board from among its members with the right to vote and ensuring gender balance. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote. The decisions of the Executive Board shall be taken by simple majority. Decisions with respect to paragraph (2), point (b) may only be taken if one representative of the Commission casts a positive vote.
Amendment 46 #
Proposal for a regulation Article 218 – paragraph 1 – subparagraph 2 The Executive Director shall be appointed by the Management Board
Amendment 47 #
Proposal for a regulation Article 218 – paragraph 1 – subparagraph 2 – point a (new) (a) on the basis of a shortlist drawn up and published by the Commission ensuring gender balance after a call for candidates and a transparent selection procedure, applicants will be asked to address the competent committee of the European Parliament and the Council and to reply to questions;
Amendment 48 #
Proposal for a regulation Article 218 – paragraph 1 – subparagraph 2 – point b (new) (b) the European Parliament and the Council will then give their opinions and state their preferences;
Amendment 49 #
Proposal for a regulation Article 218 – paragraph 1 – subparagraph 2 – point c (new) (c) the Management Board will appoint the Executive Director taking those opinions into account.
Amendment 50 #
Proposal for a regulation Article 218 – paragraph 3 3. The Management Board, acting on a proposal from the Commission
Amendment 51 #
Proposal for a regulation Article 218 – paragraph 5 5. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission. The European Parliament and the Council shall be informed of the reasons.
Amendment 52 #
Proposal for a regulation Article 219 – paragraph 3 3. The Executive Director shall report to the European Parliament and the Council on the performance of his or her duties and the overall performance of the EU Customs Authority when invited to do so. The Executive Director may be called upon at any time by the European Parliament or by the Council to attend a hearing on any matter linked to the Agency's activities.
Amendment 53 #
Proposal for a regulation Article 219 – paragraph 5 – point a (a) (a) ensure the sustainable and efficient day-to-day administration of the EU Customs Authority in line with the ‘Do No Significant Harm’ principle;
Amendment 54 #
Proposal for a regulation Article 228 – paragraph 1 1. In order to combat fraud, corruption and other unlawful activities, as well as ensure observance of human rights and environmental protection principles, within the EU Customs Authority, the provisions of Regulation (EU, Euratom) No 883/2013 shall apply without restriction.
Amendment 55 #
Proposal for a regulation Article 228 – paragraph 3 a (new) 3 a. The EU Customs Authority shall be encouraged to deploy interoperable platforms such as EDES, in order to mitigate potential risks listed in paragraph 1.
Amendment 56 #
Proposal for a regulation Article 237 – paragraph 3 – subparagraph 1 Where exceptional circumstances so require, the Executive Director may decide to establish
Amendment 57 #
Proposal for a regulation Article 254 – paragraph 1 a (new) Proceeds resulting from the enforcement of non-criminal sanctions shall be established as an own resource in accordance with Article 311(3) TFEU.
Amendment 58 #
Proposal for a regulation Article 254 a (new) Article 254a Transfer of the proceeds of non-criminal pecuniary sanctions to the EU budget and to Member States 1. The proceeds of pecuniary charges resulting from the application of common minimum non-criminal sanctions as defined in Article 254 of the present regulation shall be assigned to the EU budget as other revenues, net of the cost incurred by national authorities for the prosecution of customs infringements. 2. If Member States decide to provide for further acts and omissions that constitute customs infringements than those defined in Article 252 of the present regulation, or if they decide to provide for pecuniary sanctions above the minimum thresholds for Union customs infringements defined in Article 254 of the present regulation, they shall transfer the proceeds of the corresponding pecuniary charges resulting from the application of these sanctions to their national budget.
Amendment 59 #
Proposal for a regulation Article 255 – paragraph 1 1. The Commission shall assess and evaluate the performance of the customs union at least on an annual basis. This includes the measurement of customs activities performed by the customs authorities of the Member States and where possible candidate countries at national and border crossing points levels, as well as a regular monitoring of the level of expenditure incurred by national customs authorities in carrying out their activities, and a recommendation on the level of customs duties retention to be applied by Member States for the financing of their customs authorities. Such measurement may build on existing tools developed by the Commission and Member States for this purpose.
Amendment 60 #
Proposal for a regulation Article 255 – paragraph 2 2. The EU Customs Authority shall assist the Commission with that task. To support the Commission in its evaluation of the performance of the custom union, the EU Customs Authority shall identify how customs activities and operations support the achievement of the strategic objectives and priorities of the customs union and contribute to the mission of customs authorities laid down in Article 2. In particular, the EU Customs Authority shall identify key trends, strengths, weaknesses, gaps,
Amendment 61 #
Proposal for a regulation Article 256 – paragraph 4 4. The Commission shall verify the report and transmit it afterwards to the Member States and the European Parliament for information.
source: 754.944
2023/12/05
INTA
296 amendments...
Amendment 124 #
Proposal for a regulation Recital 3 (3) It is appropriate that customs legislation takes account of the rapid development of EU legislations impacting the role of customs, as well as global trade patterns, technology, business models and the needs of stakeholders, including citizens and companies. Therefore, a great number of amendments are required to be made to Regulation (EU) No 952/2013. In the interests of clarity, that Regulation should be repealed and replaced.
Amendment 124 #
Proposal for a regulation Recital 3 (3) It is appropriate that customs legislation takes account of the rapid development of EU legislations impacting the role of customs, as well as global trade patterns, technology, business models and the needs of stakeholders, including citizens and companies. Therefore, a great number of amendments are required to be made to Regulation (EU) No 952/2013. In the interests of clarity, that Regulation should be repealed and replaced.
Amendment 125 #
Proposal for a regulation Recital 3 (3) It is appropriate that customs legislation takes account of the rapid development of global trade patterns, technology, business models and the needs of stakeholders, including businesses, consumers and citizens. Therefore, a great number of amendments are required to be made to Regulation (EU) No 952/2013. In the interests of clarity, that Regulation should be repealed and replaced.
Amendment 125 #
Proposal for a regulation Recital 3 (3) It is appropriate that customs legislation takes account of the rapid development of global trade patterns, technology, business models and the needs of stakeholders, including businesses, consumers and citizens. Therefore, a great number of amendments are required to be made to Regulation (EU) No 952/2013. In the interests of clarity, that Regulation should be repealed and replaced.
Amendment 126 #
Proposal for a regulation 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 simplified. A modern, integrated set of interoperable electronic services should be provided in line with GDPR and the Data Protection Regulation (EUDPR) 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 126 #
Proposal for a regulation 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 simplified. A modern, integrated set of interoperable electronic services should be provided in line with GDPR and the Data Protection Regulation (EUDPR) 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 127 #
Proposal for a regulation Recital 5 (5) Since the adoption of Regulation (EU) No 952/2013, the role of customs authorities has evolved to increasingly cover the application of Union and national legislation laying down requirements on goods subject to customs supervision, in particular the non-financial requirements on goods that are necessary for these goods to enter and circulate in the internal market. Such non-financial tasks have increased exponentially over the years in line with growing expectations of Union businesses and citizens, and the autonomous measures introduced as a result, such as regarding safety, security, accessibility for persons with disabilities, sustainability, human, animal and plant health and life, the environment, the protection of human rights and Union values. New tools, such as the Digital Product Passport, are to be introduced to ensure that other legislation applied by the customs authorities related to products continues to respond to these expectations. It is therefore necessary to reflect the increasing number and complexity of non- financial risks by including in the mission of customs authorities a specific reference to protecting all these public interests and, where applicable, national legislation, in close cooperation with other authorities.
Amendment 127 #
Proposal for a regulation Recital 5 (5) Since the adoption of Regulation (EU) No 952/2013, the role of customs authorities has evolved to increasingly cover the application of Union and national legislation laying down requirements on goods subject to customs supervision, in particular the non-financial requirements on goods that are necessary for these goods to enter and circulate in the internal market. Such non-financial tasks have increased exponentially over the years in line with growing expectations of Union businesses and citizens, and the autonomous measures introduced as a result, such as regarding safety, security, accessibility for persons with disabilities, sustainability, human, animal and plant health and life, the environment, the protection of human rights and Union values. New tools, such as the Digital Product Passport, are to be introduced to ensure that other legislation applied by the customs authorities related to products continues to respond to these expectations. It is therefore necessary to reflect the increasing number and complexity of non- financial risks by including in the mission of customs authorities a specific reference to protecting all these public interests and, where applicable, national legislation, in close cooperation with other authorities.
Amendment 128 #
Proposal for a regulation Recital 8 (8) Beyond their traditional role of collecting customs duties, VAT and excise and applying customs legislation, customs authorities also play a critical role in enforcing other Union and, where applicable, other national legislation on customs matters. A definition of this ‘other legislation applied by the customs authorities’ should be introduced in order to build an effective framework for regulating the application and supervision of these particular requirements on goods and should be regularly updated to include the most recent pieces of legislation impacting EU customs. Such prohibitions and restrictions can be justified on grounds of, inter alia, economic coercion, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash. The notion of other legislation applied by the customs authorities should also include commercial policy measures and fishery conservation and management measures, as well as restrictive measures adopted on the basis of Article 215 TFEU.
Amendment 128 #
Proposal for a regulation Recital 8 (8) Beyond their traditional role of collecting customs duties, VAT and excise and applying customs legislation, customs authorities also play a critical role in enforcing other Union and, where applicable, other national legislation on customs matters. A definition of this ‘other legislation applied by the customs authorities’ should be introduced in order to build an effective framework for regulating the application and supervision of these particular requirements on goods and should be regularly updated to include the most recent pieces of legislation impacting EU customs. Such prohibitions and restrictions can be justified on grounds of, inter alia, economic coercion, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash. The notion of other legislation applied by the customs authorities should also include commercial policy measures and fishery conservation and management measures, as well as restrictive measures adopted on the basis of Article 215 TFEU.
Amendment 129 #
Proposal for a regulation Recital 13 (13) The rights and obligation of the persons having responsibility over the goods entering into and exiting from the customs territory of the Union should be more clearly defined, including for transparency on prices vis-à-vis consumers . The first obligation for persons having regular customs operations should continue to be registered with the customs authorities responsible for the place where they are established. A single registration should be valid for the whole customs union but should be up to date. Economic operators should therefore have the obligation to inform the customs authorities about any change in their registration data. The persons having responsibility over the goods entering and exiting from the customs territory of the Union are liable for any risks presented by the goods for the safety and security of citizens, as well as any risks to human, animal or plant health and life, the environment or consumers. The obligations of the importer should also be defined, in particular the obligation to be established in the customs territory of the Union and the exceptions to that obligation. These should follow the existing rules for the declarant to be established in the Union. Similarly, the obligations of the exporter should be defined.
Amendment 129 #
Proposal for a regulation Recital 13 (13) The rights and obligation of the persons having responsibility over the goods entering into and exiting from the customs territory of the Union should be more clearly defined, including for transparency on prices vis-à-vis consumers . The first obligation for persons having regular customs operations should continue to be registered with the customs authorities responsible for the place where they are established. A single registration should be valid for the whole customs union but should be up to date. Economic operators should therefore have the obligation to inform the customs authorities about any change in their registration data. The persons having responsibility over the goods entering and exiting from the customs territory of the Union are liable for any risks presented by the goods for the safety and security of citizens, as well as any risks to human, animal or plant health and life, the environment or consumers. The obligations of the importer should also be defined, in particular the obligation to be established in the customs territory of the Union and the exceptions to that obligation. These should follow the existing rules for the declarant to be established in the Union. Similarly, the obligations of the exporter should be defined.
Amendment 130 #
Proposal for a regulation Recital 15 (15) Economic operators meeting certain criteria and conditions to be considered compliant and trustworthy traders by customs authorities can be granted the status of AEO and thereby benefit from facilitations in customs processes. While ensuring that the traders dealing with most of Union trade are trustworthy, the AEO scheme suffers from certain weaknesses highlighted in the evaluation of Regulation (EU) No 952/2013 and in the findings of the European Court of Auditors. To deal with those concerns, in particular about the divergent national practices and challenges regarding AEO compliance monitoring, the rules should be amended to introduce the customs authorities’ obligation to monitor compliance
Amendment 130 #
Proposal for a regulation Recital 15 (15) Economic operators meeting certain criteria and conditions to be considered compliant and trustworthy traders by customs authorities can be granted the status of AEO and thereby benefit from facilitations in customs processes. While ensuring that the traders dealing with most of Union trade are trustworthy, the AEO scheme suffers from certain weaknesses highlighted in the evaluation of Regulation (EU) No 952/2013 and in the findings of the European Court of Auditors. To deal with those concerns, in particular about the divergent national practices and challenges regarding AEO compliance monitoring, the rules should be amended to introduce the customs authorities’ obligation to monitor compliance
Amendment 131 #
Proposal for a regulation Recital 16 (16) The changes in the customs processes and the way of operating the customs authorities requires a new partnership with economic operators, that is the Trust and Check traders scheme. The criteria and conditions to become a Trust and Check trader should build on the AEO criteria but should also ensure that the trader is considered transparent for the customs authorities. It is therefore appropriate to require Trust and Check operators to grant the customs authorities access to their electronic systems keeping record of their compliance and the movement of their goods, provided that such access is proportionate and strictly necessary. The transparency should be accompanied by certain benefits, notably the possibility to release the goods on behalf of customs without the necessity for their active intervention, except where a pre-release approval is required by other legislation applied by the customs authorities and to defer the payment of the customs debt. As this mode of working should progressively replace the one based on customs declarations, it is appropriate to establish the customs authorities’ obligation to reassess the existing authorisations for AEO for customs simplifications until the end of the transition period.
Amendment 131 #
Proposal for a regulation Recital 16 (16) The changes in the customs processes and the way of operating the customs authorities requires a new partnership with economic operators, that is the Trust and Check traders scheme. The criteria and conditions to become a Trust and Check trader should build on the AEO criteria but should also ensure that the trader is considered transparent for the customs authorities. It is therefore appropriate to require Trust and Check operators to grant the customs authorities access to their electronic systems keeping record of their compliance and the movement of their goods, provided that such access is proportionate and strictly necessary. The transparency should be accompanied by certain benefits, notably the possibility to release the goods on behalf of customs without the necessity for their active intervention, except where a pre-release approval is required by other legislation applied by the customs authorities and to defer the payment of the customs debt. As this mode of working should progressively replace the one based on customs declarations, it is appropriate to establish the customs authorities’ obligation to reassess the existing authorisations for AEO for customs simplifications until the end of the transition period.
Amendment 132 #
Proposal for a regulation Recital 16 (16) The changes in the customs processes and the way of operating the customs authorities requires a new partnership with economic operators, that is the Trust and Check traders scheme. The criteria and conditions to become a Trust and Check trader should build on the AEO criteria but should also ensure that the trader is considered transparent for the customs authorities. It is therefore appropriate to require Trust and Check operators to grant the customs authorities access to their electronic systems keeping record of their compliance and the movement of their goods. The transparency should be accompanied by certain benefits, notably the possibility to release the goods on behalf of customs without the necessity for their active intervention, except where a pre-release approval is required by other legislation applied by the customs authorities and to defer the payment of the customs debt. As this mode of working should progressively replace the one based on customs declarations, it is appropriate to establish the customs authorities’ obligation to
Amendment 132 #
Proposal for a regulation Recital 16 (16) The changes in the customs processes and the way of operating the customs authorities requires a new partnership with economic operators, that is the Trust and Check traders scheme. The criteria and conditions to become a Trust and Check trader should build on the AEO criteria but should also ensure that the trader is considered transparent for the customs authorities. It is therefore appropriate to require Trust and Check operators to grant the customs authorities access to their electronic systems keeping record of their compliance and the movement of their goods. The transparency should be accompanied by certain benefits, notably the possibility to release the goods on behalf of customs without the necessity for their active intervention, except where a pre-release approval is required by other legislation applied by the customs authorities and to defer the payment of the customs debt. As this mode of working should progressively replace the one based on customs declarations, it is appropriate to establish the customs authorities’ obligation to
Amendment 133 #
Proposal for a regulation Recital 18 (18) In order to ensure a uniform level of digitalisation and to create a level playing field for economic operators in all Member States, an EU Customs Data Hub should be established as a set of centralised, secure and cyber-resilient electronic services and systems for customs purposes. The EU Customs Data Hub should ensure the quality, integrity, traceability and non-repudiation of data processed therein, so neither sender nor recipient can later dispute the existence of the exchange of data. The EU Customs Data Hub and should comply with the relevant regulations for the processing of personal data and cybersecurity including GDPR and the Data Protection Regulation (EUDPR) . The Commission and the Member States should jointly design the EU Customs Data Hub. The Commission should also be tasked with governing, implementing and maintaining the EU Customs Data Hub, which may delegate to another Union body. To safeguard against potential trade interruptions during extensive failures of centralized electronic systems, it should be imperative for the Commission and the EU Customs agency to engage in cooperative efforts with Member States so that the European Customs Data Space integrates solutions ensuring a high level of cybersecurity to prevent as much as possible attacks that could disrupt customs and non-customs systems. This aims to protect the security of trade and avoid any damage to the Union economy. Cybersecurity standards should be designed to evolve in parallel with regulatory requirements for network and information systems security. In the development, operation and maintenance of the EU Single Window for Customs, the Commission and Member States should comply with the appropriate guidelines published by the European Union Agency for Cybersecurity (ENISA).
Amendment 133 #
Proposal for a regulation Recital 18 (18) In order to ensure a uniform level of digitalisation and to create a level playing field for economic operators in all Member States, an EU Customs Data Hub should be established as a set of centralised, secure and cyber-resilient electronic services and systems for customs purposes. The EU Customs Data Hub should ensure the quality, integrity, traceability and non-repudiation of data processed therein, so neither sender nor recipient can later dispute the existence of the exchange of data. The EU Customs Data Hub and should comply with the relevant regulations for the processing of personal data and cybersecurity including GDPR and the Data Protection Regulation (EUDPR) . The Commission and the Member States should jointly design the EU Customs Data Hub. The Commission should also be tasked with governing, implementing and maintaining the EU Customs Data Hub, which may delegate to another Union body. To safeguard against potential trade interruptions during extensive failures of centralized electronic systems, it should be imperative for the Commission and the EU Customs agency to engage in cooperative efforts with Member States so that the European Customs Data Space integrates solutions ensuring a high level of cybersecurity to prevent as much as possible attacks that could disrupt customs and non-customs systems. This aims to protect the security of trade and avoid any damage to the Union economy. Cybersecurity standards should be designed to evolve in parallel with regulatory requirements for network and information systems security. In the development, operation and maintenance of the EU Single Window for Customs, the Commission and Member States should comply with the appropriate guidelines published by the European Union Agency for Cybersecurity (ENISA).
Amendment 134 #
Proposal for a regulation Recital 23 (23) The data submitted to the EU Custom Data Hub is to a large extent non- personal data submitted by economic operators of the goods they are trading with. Nevertheless, the data will also include personal data, in particular names of individuals acting for an economic operator or an authority. To ensure that personal data and confidential commercial information are equally protected, it is appropriate that specific access rules, rules for confidentiality and conditions for the use of the EU Customs Data Hub are established by this Regulation. In particular, it should be established which entities may access or process data stored or otherwise available in the EU Customs Data Hub, in addition to the persons, the Commission, the customs authorities and the EU Customs Authority, balancing the needs of these entities with the need to ensure that the personal and confidential data collected for customs purposes are used
Amendment 134 #
Proposal for a regulation Recital 23 (23) The data submitted to the EU Custom Data Hub is to a large extent non- personal data submitted by economic operators of the goods they are trading with. Nevertheless, the data will also include personal data, in particular names of individuals acting for an economic operator or an authority. To ensure that personal data and confidential commercial information are equally protected, it is appropriate that specific access rules, rules for confidentiality and conditions for the use of the EU Customs Data Hub are established by this Regulation. In particular, it should be established which entities may access or process data stored or otherwise available in the EU Customs Data Hub, in addition to the persons, the Commission, the customs authorities and the EU Customs Authority, balancing the needs of these entities with the need to ensure that the personal and confidential data collected for customs purposes are used
Amendment 135 #
Proposal for a regulation Recital 24 (24) To ensure that the European Anti- Fraud Office (‘OLAF’) can exercise its investigations powers in relation to fraudulent activities that are affecting the interests of the Union, it is appropriate that it has access to data from the EU Customs Data Hub that is very similar to the access by the Commission. OLAF should therefore be entitled to process the data in accordance with the conditions relating to data protection in the relevant Union legislation, including Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council47 and Council Regulation (EC) No 515/9748 . To ensure that EPPO can conduct its investigations on customs-related matters, it should be entitled to re
Amendment 135 #
Proposal for a regulation Recital 24 (24) To ensure that the European Anti- Fraud Office (‘OLAF’) can exercise its investigations powers in relation to fraudulent activities that are affecting the interests of the Union, it is appropriate that it has access to data from the EU Customs Data Hub that is very similar to the access by the Commission. OLAF should therefore be entitled to process the data in accordance with the conditions relating to data protection in the relevant Union legislation, including Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council47 and Council Regulation (EC) No 515/9748 . To ensure that EPPO can conduct its investigations on customs-related matters, it should be entitled to re
Amendment 136 #
Proposal for a regulation Recital 31 (31) A Union-level customs risk management layer is fundamental for ensuring a harmonised application of customs controls in Member States and to allow the proper enforcement of European legislations creating new tasks for customs . There is currently a common risk management framework comprising the possibility of identifying common priority controls areas and common risk criteria and standards in the financial risk arena for carrying out customs controls, but it has significant shortcomings. In order to address the lack of harmonised application of customs controls and of harmonised risk management harming the financial and non-financial interests of the Union and of the Member States, it is appropriate to revise the rules to establish a more solid risk management approach addressing both financial and non-financial risks. This includes tackling the structural challenges on the risk management of financial risks identified by the European Court of Auditors. In particular, it is appropriate to describe which activities are comprised in customs risk management, in a cyclical approach. It is also important to identify the roles and responsibilities of the Commission, the EU Customs Authority and the customs authorities of the Member States. It is also essential to provide that the Commission may establish common priority controls areas and common risk criteria and standards, and may identify specific areas in the domain of other legislation applied by the customs authorities that deserve priority for common risk management and controls, without compromising security.
Amendment 136 #
Proposal for a regulation Recital 31 (31) A Union-level customs risk management layer is fundamental for ensuring a harmonised application of customs controls in Member States and to allow the proper enforcement of European legislations creating new tasks for customs . There is currently a common risk management framework comprising the possibility of identifying common priority controls areas and common risk criteria and standards in the financial risk arena for carrying out customs controls, but it has significant shortcomings. In order to address the lack of harmonised application of customs controls and of harmonised risk management harming the financial and non-financial interests of the Union and of the Member States, it is appropriate to revise the rules to establish a more solid risk management approach addressing both financial and non-financial risks. This includes tackling the structural challenges on the risk management of financial risks identified by the European Court of Auditors. In particular, it is appropriate to describe which activities are comprised in customs risk management, in a cyclical approach. It is also important to identify the roles and responsibilities of the Commission, the EU Customs Authority and the customs authorities of the Member States. It is also essential to provide that the Commission may establish common priority controls areas and common risk criteria and standards, and may identify specific areas in the domain of other legislation applied by the customs authorities that deserve priority for common risk management and controls, without compromising security.
Amendment 137 #
Proposal for a regulation Recital 48 (48) Applying the standard rules for duty calculation in e-commerce transactions would, in many cases, result in a disproportionate administrative burden both for the customs administrations and economic operators in particular in respect of the collection of revenues. In the interest of developing a robust and effective fiscal and customs treatment for goods imported from third countries via e-commerce transactions (‘distance sales of imported goods’), Union legislation is to be amended in order to
Amendment 137 #
Proposal for a regulation Recital 48 (48) Applying the standard rules for duty calculation in e-commerce transactions would, in many cases, result in a disproportionate administrative burden both for the customs administrations and economic operators in particular in respect of the collection of revenues. In the interest of developing a robust and effective fiscal and customs treatment for goods imported from third countries via e-commerce transactions (‘distance sales of imported goods’), Union legislation is to be amended in order to
Amendment 138 #
Proposal for a regulation Recital 50 a (new) (50 a) The release of goods into free circulation is subject to their meeting specific conditions. Procedures for their implementation and enforcement by EU customs authorities and importers rely on determinations and attestations by exporting country’s authorities and exporters that the goods in question meet those conditions. Provisions must be made to (a) identify systematic non- correspondences between such exporting country determinations and attestations and determinations and attestations made in accordance with EU law, when such non-correspondences are attributable to non-corresponding exporting country policies and practices, and (b) prevent such non-correspondences from resulting in the improper release of the concerned goods into free circulation. The Commission can issue notices to importers in order to warn importers of any systematic non-corresponding policies and resulting practice in third countries that may affect importers’ ability to comply with Union legislation, including the customs code, in light of importers’ frequent reliance on the determinations made by third country exporters and third country authorities.
Amendment 138 #
Proposal for a regulation Recital 50 a (new) (50 a) The release of goods into free circulation is subject to their meeting specific conditions. Procedures for their implementation and enforcement by EU customs authorities and importers rely on determinations and attestations by exporting country’s authorities and exporters that the goods in question meet those conditions. Provisions must be made to (a) identify systematic non- correspondences between such exporting country determinations and attestations and determinations and attestations made in accordance with EU law, when such non-correspondences are attributable to non-corresponding exporting country policies and practices, and (b) prevent such non-correspondences from resulting in the improper release of the concerned goods into free circulation. The Commission can issue notices to importers in order to warn importers of any systematic non-corresponding policies and resulting practice in third countries that may affect importers’ ability to comply with Union legislation, including the customs code, in light of importers’ frequent reliance on the determinations made by third country exporters and third country authorities.
Amendment 139 #
Proposal for a regulation Recital 50 b (new) (50 b) According to the Unfair Commercial Practices Directive, the geographical origin is one of the main characteristics of the products that “may cause the consumer to take a transactional decision that he would not have taken otherwise”. Goods must bear the right indication of their territory of origin. The origin or provenance must not be deceptive; it constitutes a misleading action that is prohibited as per this Directive.
Amendment 139 #
Proposal for a regulation Recital 50 b (new) (50 b) According to the Unfair Commercial Practices Directive, the geographical origin is one of the main characteristics of the products that “may cause the consumer to take a transactional decision that he would not have taken otherwise”. Goods must bear the right indication of their territory of origin. The origin or provenance must not be deceptive; it constitutes a misleading action that is prohibited as per this Directive.
Amendment 140 #
Proposal for a regulation Recital 53 (53) The existing governance framework of the customs union lacks a clear operational management structure and does not reflect the evolution of customs since its creation in 1968. Under Regulation (EU) No 952/2013, the activities related to the management of risks in trade flows, such as implementation and decisions on controls on the ground, are the responsibility of national customs authorities. Despite the cooperation between national customs administrations that has existed since the creation of the customs union and that has led to the exchange of best practices, expertise, and the development of common guidelines, it has not resulted in the development of a harmonised approach and operational framework. Currently, divergent practices exist in Member States that weaken the customs union. There is no central risk analysis capacity, no common view on risk prioritisation, limited coordinated customs action and controls, and no cooperation framework of various authorities serving the single market.
Amendment 140 #
Proposal for a regulation Recital 53 (53) The existing governance framework of the customs union lacks a clear operational management structure and does not reflect the evolution of customs since its creation in 1968. Under Regulation (EU) No 952/2013, the activities related to the management of risks in trade flows, such as implementation and decisions on controls on the ground, are the responsibility of national customs authorities. Despite the cooperation between national customs administrations that has existed since the creation of the customs union and that has led to the exchange of best practices, expertise, and the development of common guidelines, it has not resulted in the development of a harmonised approach and operational framework. Currently, divergent practices exist in Member States that weaken the customs union. There is no central risk analysis capacity, no common view on risk prioritisation, limited coordinated customs action and controls, and no cooperation framework of various authorities serving the single market.
Amendment 141 #
Proposal for a regulation Recital 55 (55) Criteria to be taken into account in order to contribute to the decision making process for choosing the EU Customs Authority seat should be the assurance that Authority can be set up on site upon the entry into force of this Regulation, the accessibility of the location and the existence of adequate education facilities for the children of staff members as well as appropriate access to the labour market, social security and medical care for both children and spouses of staff members. In view of the cooperative nature of most of the EU Customs Authority activities, and in particular the close connection that will exist between the IT systems that the Commission will maintain during the transitional period, while the EU Customs authority will build and operate the EU Customs Data Hub, it should be in a well- connected place that allows such close cooperation with the Commission, the authorities of the Union regions most relevant for international trade, and relevant Union and international bodies (for example the World Customs Organisation for facilitating practical cross fertilisation on specific subjects). Considering these criteria, the EU Customs Authority should be located at […].
Amendment 141 #
Proposal for a regulation Recital 55 (55) Criteria to be taken into account in order to contribute to the decision making process for choosing the EU Customs Authority seat should be the assurance that Authority can be set up on site upon the entry into force of this Regulation, the accessibility of the location and the existence of adequate education facilities for the children of staff members as well as appropriate access to the labour market, social security and medical care for both children and spouses of staff members. In view of the cooperative nature of most of the EU Customs Authority activities, and in particular the close connection that will exist between the IT systems that the Commission will maintain during the transitional period, while the EU Customs authority will build and operate the EU Customs Data Hub, it should be in a well- connected place that allows such close cooperation with the Commission, the authorities of the Union regions most relevant for international trade, and relevant Union and international bodies (for example the World Customs Organisation for facilitating practical cross fertilisation on specific subjects). Considering these criteria, the EU Customs Authority should be located at […].
Amendment 142 #
Proposal for a regulation Recital 56 (56) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the EU Customs Authority. The composition of the Management Board, including the selection of its Chairperson and Deputy- Chairperson, should respect the principles of gender balance, experience and qualification. Given the Union’s exclusive competence on the customs union, and the close link between customs and other policy fields, it is appropriate that its chairperson is elected from among those Commission representatives. In view of the effective and efficient functioning of the EU Customs Authority, the Management Board should, in particular, adopt a Single Programming Document including annual and multiannual programming, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. The Management Board should be assisted by an Executive Board. A Customs Advisory Board composed of stakeholders is established to to assist the Executive Board and the EU Customs Autority. by giving input on the customs dimensions of other legislation and by sending early warnings in case they have a substantiated concern to suspect that a certain goods imported in the EU is likely to infringe customs legislation or other legislation. The Customs Advisory Board shall include Small Medium Enterprises and take their insights into account
Amendment 142 #
Proposal for a regulation Recital 56 (56) The Member States and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the EU Customs Authority. The composition of the Management Board, including the selection of its Chairperson and Deputy- Chairperson, should respect the principles of gender balance, experience and qualification. Given the Union’s exclusive competence on the customs union, and the close link between customs and other policy fields, it is appropriate that its chairperson is elected from among those Commission representatives. In view of the effective and efficient functioning of the EU Customs Authority, the Management Board should, in particular, adopt a Single Programming Document including annual and multiannual programming, carry out its functions relating to the Authority’s budget, adopt the financial rules applicable to the Authority, appoint an Executive Director, and establish procedures for taking decisions relating to the operational tasks of the Authority by the Executive Director. The Management Board should be assisted by an Executive Board. A Customs Advisory Board composed of stakeholders is established to to assist the Executive Board and the EU Customs Autority. by giving input on the customs dimensions of other legislation and by sending early warnings in case they have a substantiated concern to suspect that a certain goods imported in the EU is likely to infringe customs legislation or other legislation. The Customs Advisory Board shall include Small Medium Enterprises and take their insights into account
Amendment 143 #
Proposal for a regulation Recital 56 (56) The Member States
Amendment 143 #
Proposal for a regulation Recital 56 (56) The Member States
Amendment 144 #
Proposal for a regulation Recital 56 (56) The Member States, the European Parliament and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the EU Customs Authority. The composition of the Management Board, including the selection of its Chairperson and Deputy-
Amendment 144 #
Proposal for a regulation Recital 56 (56) The Member States, the European Parliament and the Commission should be represented on a Management Board, in order to ensure the effective functioning of the EU Customs Authority. The composition of the Management Board, including the selection of its Chairperson and Deputy-
Amendment 145 #
Proposal for a regulation Recital 58 a (new) (58 a) In recognition of the evolving landscape of global trade, characterized by the increasing prominence of cross- border e-commerce and the necessity for efficient customs controls, this article advocates for the enhanced use of artificial intelligence (AI) and non- intrusive inspection (NII) technologies in customs operations.
Amendment 145 #
Proposal for a regulation Recital 58 a (new) (58 a) In recognition of the evolving landscape of global trade, characterized by the increasing prominence of cross- border e-commerce and the necessity for efficient customs controls, this article advocates for the enhanced use of artificial intelligence (AI) and non- intrusive inspection (NII) technologies in customs operations.
Amendment 146 #
Proposal for a regulation Recital 59 a (new) (59 a) Whereas the need for a streamlined, efficient, and accessible approach to manage and disseminate information related to unilateral trade measures and customs data management is increasingly vital for the proper functioning of international trade; Recognizing that companies face significant challenges in complying with various unilateral trade measures due to the complexity and fragmentation of information available; Acknowledging that a unified digital interface, known as the "DataHub," would significantly alleviate these challenges by providing a centralized, user-friendly portal for accessing all relevant information; Understanding that such a system would not only facilitate compliance with unilateral trade measures but also reduce the burden on companies in sourcing this information, thereby promoting more coherent and effective application of these measures; And further recognizing the importance of real-time data availability to customs authorities for the monitoring and management of the movement and status of goods; This amendment seeks to establish the DataHub as a comprehensive digital solution that includes a self-assessment tool for companies. This tool aims to assist in evaluating their compliance with import criteria and enhancing the overall efficiency and effectiveness of trade regulation and management. Through this initiative, the amendment aims to foster a more integrated and coherent approach to unilateral trade measures, thereby contributing to a more streamlined and effective international trade environment.
Amendment 146 #
Proposal for a regulation Recital 59 a (new) (59 a) Whereas the need for a streamlined, efficient, and accessible approach to manage and disseminate information related to unilateral trade measures and customs data management is increasingly vital for the proper functioning of international trade; Recognizing that companies face significant challenges in complying with various unilateral trade measures due to the complexity and fragmentation of information available; Acknowledging that a unified digital interface, known as the "DataHub," would significantly alleviate these challenges by providing a centralized, user-friendly portal for accessing all relevant information; Understanding that such a system would not only facilitate compliance with unilateral trade measures but also reduce the burden on companies in sourcing this information, thereby promoting more coherent and effective application of these measures; And further recognizing the importance of real-time data availability to customs authorities for the monitoring and management of the movement and status of goods; This amendment seeks to establish the DataHub as a comprehensive digital solution that includes a self-assessment tool for companies. This tool aims to assist in evaluating their compliance with import criteria and enhancing the overall efficiency and effectiveness of trade regulation and management. Through this initiative, the amendment aims to foster a more integrated and coherent approach to unilateral trade measures, thereby contributing to a more streamlined and effective international trade environment.
Amendment 147 #
Proposal for a regulation Recital 61 (61) Despite the fact that customs legislation is harmonised through the Code, Regulation (EU) No 952/2013 only included the obligation for Member States to provide for penalties for failure to comply with the customs legislation and required such penalties to be effective, proportionate and dissuasive. Member States have, therefore, the choice of customs penalties, which vary greatly across Member States and are subject to evolution over time. A common framework establishing a minimum core of customs infringements and of non-criminal sanctions should be laid down. Such framework is necessary to address the lack of uniform application and the significant divergences between Member States in the application of sanctions against breaches of customs legislation that can lead to a distortion of competition, loopholes and ‘customs shopping’. The framework should be composed of a common list of acts or omissions that should constitute customs infringements in all Member States. In determining the sanction applicable, customs authorities should define if these acts or omissions are committed intentionally or by obvious negligence. The European Commission should constantly assess whether the sanctions applied by Member States are a sufficient incentive to reach the objectives of this Union Customs Code and adjust its actions in line with its findings.
Amendment 147 #
Proposal for a regulation Recital 61 (61) Despite the fact that customs legislation is harmonised through the Code, Regulation (EU) No 952/2013 only included the obligation for Member States to provide for penalties for failure to comply with the customs legislation and required such penalties to be effective, proportionate and dissuasive. Member States have, therefore, the choice of customs penalties, which vary greatly across Member States and are subject to evolution over time. A common framework establishing a minimum core of customs infringements and of non-criminal sanctions should be laid down. Such framework is necessary to address the lack of uniform application and the significant divergences between Member States in the application of sanctions against breaches of customs legislation that can lead to a distortion of competition, loopholes and ‘customs shopping’. The framework should be composed of a common list of acts or omissions that should constitute customs infringements in all Member States. In determining the sanction applicable, customs authorities should define if these acts or omissions are committed intentionally or by obvious negligence. The European Commission should constantly assess whether the sanctions applied by Member States are a sufficient incentive to reach the objectives of this Union Customs Code and adjust its actions in line with its findings.
Amendment 148 #
Proposal for a regulation Recital 62 (62) It is necessary to establish common provisions for extenuating or mitigating factors, as well as for aggravating circumstances, with regard to the customs infringements. The
Amendment 148 #
Proposal for a regulation Recital 62 (62) It is necessary to establish common provisions for extenuating or mitigating factors, as well as for aggravating circumstances, with regard to the customs infringements. The
Amendment 149 #
Proposal for a regulation Recital 65 (65) (65) The
Amendment 149 #
Proposal for a regulation Recital 65 (65) (65) The
Amendment 150 #
Proposal for a regulation Recital 69 a (new) (69a) Free ports are warehouses in free zones which are becoming popular for the storage – often on a permanent basis – of substitute assets, including art, precious stones, antiques, gold and wine collections, and are financed from unknown sources. These zones are used for the purposes of tax evasion or to achieve the same effects as tax havens, deferral of import duties and indirect taxes such as VAT or user tax. In addition to these free zones, the European Union has many thousands of other warehouses under ‘special storage procedures’, including ‘customs warehouses’, which can offer the same degree of secrecy and tax advantages. Customs warehouses and free ports should therefore be subject to the same control measures and legal sanctions so as to eliminate the risks of money laundering and tax evasion.
Amendment 150 #
Proposal for a regulation Recital 69 a (new) (69a) Free ports are warehouses in free zones which are becoming popular for the storage – often on a permanent basis – of substitute assets, including art, precious stones, antiques, gold and wine collections, and are financed from unknown sources. These zones are used for the purposes of tax evasion or to achieve the same effects as tax havens, deferral of import duties and indirect taxes such as VAT or user tax. In addition to these free zones, the European Union has many thousands of other warehouses under ‘special storage procedures’, including ‘customs warehouses’, which can offer the same degree of secrecy and tax advantages. Customs warehouses and free ports should therefore be subject to the same control measures and legal sanctions so as to eliminate the risks of money laundering and tax evasion.
Amendment 151 #
Proposal for a regulation Recital 71 (71) In duly justified cases, where imperative grounds of urgency so require, the Commission should adopt immediately applicable implementing acts relating to: measures to ensure uniform application of customs controls, including the exchange of risk information and analysis, common risk criteria and standards, control measures and common priority control areas; decisions on an application by a Member State for the authorisation on entering into negotiations with a third country with a view to concluding a bilateral agreement or arrangement on exchange of information; measures to determine the tariff classification of goods; measures to determine the origin of specific goods; measures establishing the appropriate method of customs valuation or criteria to be used for determining the customs value of goods in specific situations; measures temporarily prohibiting the use of comprehensive guarantees; the identification of a crisis situation and the adoption of the appropriate to address it or to mitigate its negative effects; decisions to empower a Member State to negotiate and conclude a bilateral agreement with a third country on exchange of information. Commons risks criteria should cover notably economic coercion, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash.
Amendment 151 #
Proposal for a regulation Recital 71 (71) In duly justified cases, where imperative grounds of urgency so require, the Commission should adopt immediately applicable implementing acts relating to: measures to ensure uniform application of customs controls, including the exchange of risk information and analysis, common risk criteria and standards, control measures and common priority control areas; decisions on an application by a Member State for the authorisation on entering into negotiations with a third country with a view to concluding a bilateral agreement or arrangement on exchange of information; measures to determine the tariff classification of goods; measures to determine the origin of specific goods; measures establishing the appropriate method of customs valuation or criteria to be used for determining the customs value of goods in specific situations; measures temporarily prohibiting the use of comprehensive guarantees; the identification of a crisis situation and the adoption of the appropriate to address it or to mitigate its negative effects; decisions to empower a Member State to negotiate and conclude a bilateral agreement with a third country on exchange of information. Commons risks criteria should cover notably economic coercion, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash.
Amendment 152 #
Proposal for a regulation Recital 73 (73) The provisions referring to the EU Customs Authority, except Article 238, should apply from 1 January 2028. Until that date, the EU Customs Authority should perform its tasks using the existing electronic systems for exchange of customs information developed by the Commission. The provisions on the simplified tariff treatment
Amendment 152 #
Proposal for a regulation Recital 73 (73) The provisions referring to the EU Customs Authority, except Article 238, should apply from 1 January 2028. Until that date, the EU Customs Authority should perform its tasks using the existing electronic systems for exchange of customs information developed by the Commission. The provisions on the simplified tariff treatment
Amendment 153 #
Proposal for a regulation Recital 74 a (new) (74 a) Recognizing the importance of cohesive and informed decision-making in customs operations, it is hereby established that the Customs Advisory Board (CAB) shall engage in cooperation with the Domestic Advisory Groups (DAGs) established under Free Trade Agreements (FTAs). The CAB shall take into account the information provided by these DAGs, acknowledging their crucial role in offering insights and perspectives relevant to trade and customs matters. To facilitate this cooperation, DAGs shall be granted access to the data hub. This access is intended to enable them to retrieve information provided by the Commission within the hub. An obligation to ensure such access and information exchange will be established in an amendment under Title III. This provision aims to streamline the process, making the exchange of relevant information between the CAB and DAGs more efficient and effective. By doing so, it enhances the collaborative efforts and shared knowledge base essential for robust and well-informed customs operations under the framework of FTAs.
Amendment 153 #
Proposal for a regulation Recital 74 a (new) (74 a) Recognizing the importance of cohesive and informed decision-making in customs operations, it is hereby established that the Customs Advisory Board (CAB) shall engage in cooperation with the Domestic Advisory Groups (DAGs) established under Free Trade Agreements (FTAs). The CAB shall take into account the information provided by these DAGs, acknowledging their crucial role in offering insights and perspectives relevant to trade and customs matters. To facilitate this cooperation, DAGs shall be granted access to the data hub. This access is intended to enable them to retrieve information provided by the Commission within the hub. An obligation to ensure such access and information exchange will be established in an amendment under Title III. This provision aims to streamline the process, making the exchange of relevant information between the CAB and DAGs more efficient and effective. By doing so, it enhances the collaborative efforts and shared knowledge base essential for robust and well-informed customs operations under the framework of FTAs.
Amendment 154 #
Proposal for a regulation Recital 74 a (new) (74 a) In the interests of transparency, interested parties including customs intermediaries, should be given observer status within an advisory board that shall be established and consulted by the Management Board of the EU Customs Authority;
Amendment 154 #
Proposal for a regulation Recital 74 a (new) (74 a) In the interests of transparency, interested parties including customs intermediaries, should be given observer status within an advisory board that shall be established and consulted by the Management Board of the EU Customs Authority;
Amendment 155 #
Proposal for a regulation Recital 74 a (new) (74 a) For transparency purposes, interested parties including Domestic Advisory Groups and customs intermediaries may be given observer status within the Customs Advisory Board established and consulted by the Management Board of the EU Customs Authority.
Amendment 155 #
Proposal for a regulation Recital 74 a (new) (74 a) For transparency purposes, interested parties including Domestic Advisory Groups and customs intermediaries may be given observer status within the Customs Advisory Board established and consulted by the Management Board of the EU Customs Authority.
Amendment 156 #
Proposal for a regulation Article 1 a (new) Article1a This legislation shall be designed in line with the goals of the World Trade Organizations Trade Facilitation Agreement aim to facilitate trade. In this regard 1.1 the customs code of the European Union must establish a reliable framework for the operation of economic stakeholders. 2.1 Adjustments to customs procedures and formalities should be implemented after fulfilling specific communication requirements, where feasible. 2.2 These adjustments will be made only after the customs authorities have provided timely, easily accessible, and understandable information to the economic operators. 3.1 To maintain consistency and reduce complexity, adjustments to customs procedures and formalities will be consolidated and implemented collectively, ideally at the end of the month, wherever feasible.
Amendment 156 #
Proposal for a regulation Article 1 a (new) Article1a This legislation shall be designed in line with the goals of the World Trade Organizations Trade Facilitation Agreement aim to facilitate trade. In this regard 1.1 the customs code of the European Union must establish a reliable framework for the operation of economic stakeholders. 2.1 Adjustments to customs procedures and formalities should be implemented after fulfilling specific communication requirements, where feasible. 2.2 These adjustments will be made only after the customs authorities have provided timely, easily accessible, and understandable information to the economic operators. 3.1 To maintain consistency and reduce complexity, adjustments to customs procedures and formalities will be consolidated and implemented collectively, ideally at the end of the month, wherever feasible.
Amendment 157 #
Proposal for a regulation Article 2 – paragraph 1 With a view to achieving a harmonised application of customs controls, for making the customs union act as one and for contributing to the smooth functioning of the internal market and the Union's open strategic autonomy, customs authorities shall be responsible for protecting the financial and economic interests of the Union and its Member States, for ensuring security and safety and contributing to the other Union policies protecting citizens and residents, consumers, the environment, the companies and the overall supply chains, for protecting the Union from economic coercion, unfair competition, and illegal trade, for facilitating legitimate business activity, economic security, and for supervising the Union’s international trade in order to contribute to fair, regulated, and open trade and to the common commercial policy.
Amendment 157 #
Proposal for a regulation Article 2 – paragraph 1 With a view to achieving a harmonised application of customs controls, for making the customs union act as one and for contributing to the smooth functioning of the internal market and the Union's open strategic autonomy, customs authorities shall be responsible for protecting the financial and economic interests of the Union and its Member States, for ensuring security and safety and contributing to the other Union policies protecting citizens and residents, consumers, the environment, the companies and the overall supply chains, for protecting the Union from economic coercion, unfair competition, and illegal trade, for facilitating legitimate business activity, economic security, and for supervising the Union’s international trade in order to contribute to fair, regulated, and open trade and to the common commercial policy.
Amendment 158 #
Proposal for a regulation Article 2 – paragraph 2 – point d (d) protecting the Union from unfair, non-compliant and illegal trade, including counterfeit, through a close monitoring of economic operators and supply chains and a minimum core of customs infringements and penalties;
Amendment 158 #
Proposal for a regulation Article 2 – paragraph 2 – point d (d) protecting the Union from unfair, non-compliant and illegal trade, including counterfeit, through a close monitoring of economic operators and supply chains and a minimum core of customs infringements and penalties;
Amendment 159 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e) supporting legitimate business activity, by maintaining a proper balance between customs controls and facilitation of legitimate trade and simplifying customs processes and procedures, through robust real –time risk analysis enabled by the EU Customs Data Hub artificial intelligence capabilities as defined in Article 29 (1) (d).
Amendment 159 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e) supporting legitimate business activity, by maintaining a proper balance between customs controls and facilitation of legitimate trade and simplifying customs processes and procedures, through robust real –time risk analysis enabled by the EU Customs Data Hub artificial intelligence capabilities as defined in Article 29 (1) (d).
Amendment 160 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e) supporting legitimate business activity, by maintaining a proper balance between customs controls and facilitation of legitimate trade and simplifying customs processes and procedures
Amendment 160 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e) supporting legitimate business activity, by maintaining a proper balance between customs controls and facilitation of legitimate trade and simplifying customs processes and procedures
Amendment 161 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e)
Amendment 161 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e)
Amendment 162 #
Proposal for a regulation Article 5 – paragraph 1 – point 2 – point d (d) customs provisions contained in international agreements, including multilateral environmental agreements, insofar as they are applicable in the Union;
Amendment 162 #
Proposal for a regulation Article 5 – paragraph 1 – point 2 – point d (d) customs provisions contained in international agreements, including multilateral environmental agreements, insofar as they are applicable in the Union;
Amendment 163 #
Proposal for a regulation Article 5 – paragraph 1 – point 13 (13) ‘deemed importer’ means any person involved in the distance sales of goods to be imported from third countries into the customs territory of the Union
Amendment 163 #
Proposal for a regulation Article 5 – paragraph 1 – point 13 (13) ‘deemed importer’ means any person involved in the distance sales of goods to be imported from third countries into the customs territory of the Union
Amendment 164 #
Proposal for a regulation Article 5 – paragraph 1 – point 18 – point b (b) pose a threat to the security and safety of the Union and its citizens and residents, including their health ; or
Amendment 164 #
Proposal for a regulation Article 5 – paragraph 1 – point 18 – point b (b) pose a threat to the security and safety of the Union and its citizens and residents, including their health ; or
Amendment 165 #
Proposal for a regulation Article 5 – paragraph 1 – point 18 – point c (c) prevent the
Amendment 165 #
Proposal for a regulation Article 5 – paragraph 1 – point 18 – point c (c) prevent the
Amendment 166 #
Proposal for a regulation Article 5 – paragraph 1 – point 56 a (new) (56 a) 'simplified tariff treatment for business-to-business' means the extension to business-to-business imports of the simplified tariff treatment for distance sales set out in Article 1, paragraphs 4 and 5, and Part One, Section II, point G of Annex I to Regulation (EEC) No 2658/87;
Amendment 166 #
Proposal for a regulation Article 5 – paragraph 1 – point 56 a (new) (56 a) 'simplified tariff treatment for business-to-business' means the extension to business-to-business imports of the simplified tariff treatment for distance sales set out in Article 1, paragraphs 4 and 5, and Part One, Section II, point G of Annex I to Regulation (EEC) No 2658/87;
Amendment 167 #
Proposal for a regulation Article 5 – paragraph 1 – point 57 (57) ‘customs debt’ means the obligation on a person to pay the amount of import or export duty and any other charges which applies to specific goods under the customs legislation in force;
Amendment 167 #
Proposal for a regulation Article 5 – paragraph 1 – point 57 (57) ‘customs debt’ means the obligation on a person to pay the amount of import or export duty and any other charges which applies to specific goods under the customs legislation in force;
Amendment 168 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 (64) ‘crisis’ means an event or a situation taking place inside or outside the Union, that suddenly endangers the safety, the security, the health and life of the citizens, economic operators and personnel of customs authorities and requires urgent measures as regards the entry, exit or transit of goods.
Amendment 168 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 (64) ‘crisis’ means an event or a situation taking place inside or outside the Union, that suddenly endangers the safety, the security, the health and life of the citizens, economic operators and personnel of customs authorities and requires urgent measures as regards the entry, exit or transit of goods.
Amendment 169 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 a (new) (64 a) (65) (new) “not at-risk shipment” means a shipment with no customs risk as assessed by the Data Hub, and being attributed the green color code.
Amendment 169 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 a (new) (64 a) (65) (new) “not at-risk shipment” means a shipment with no customs risk as assessed by the Data Hub, and being attributed the green color code.
Amendment 170 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 b (new) (64 b) (66) (new) “shipment at risk – means a suspected incompliant shipment to be assessed before release in the internal market” means a shipment to be segregated and examined by national customs authorities upon arrival at destination and being attributed the orange color.
Amendment 170 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 b (new) (64 b) (66) (new) “shipment at risk – means a suspected incompliant shipment to be assessed before release in the internal market” means a shipment to be segregated and examined by national customs authorities upon arrival at destination and being attributed the orange color.
Amendment 171 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 b (new) (64 b) “shipment at risk - to be assessed before release in the internal market” means a shipment to be segregated and examined by national customs authorities upon arrival at destination;
Amendment 171 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 b (new) (64 b) “shipment at risk - to be assessed before release in the internal market” means a shipment to be segregated and examined by national customs authorities upon arrival at destination;
Amendment 172 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 c (new) (64 c) (67) (new) “incompliant shipment” means a shipment incompliant with EU rules, to be denied for pick up at origin and/or denied for release in the internal market and being attributed the red color.
Amendment 172 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 c (new) (64 c) (67) (new) “incompliant shipment” means a shipment incompliant with EU rules, to be denied for pick up at origin and/or denied for release in the internal market and being attributed the red color.
Amendment 173 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 c (new) (64 c) “incompliant shipment” means a shipment incompliant with EU rules, to be denied for pick up at origin and/or denied for release in the internal market.
Amendment 173 #
Proposal for a regulation Article 5 – paragraph 1 – point 64 c (new) (64 c) “incompliant shipment” means a shipment incompliant with EU rules, to be denied for pick up at origin and/or denied for release in the internal market.
Amendment 174 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Customs authorities shall, without delay and at the latest within
Amendment 174 #
Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 Customs authorities shall, without delay and at the latest within
Amendment 175 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 1 Except where otherwise provided, the competent customs authority shall take a decision as referred to in paragraph 1 at the latest within
Amendment 175 #
Proposal for a regulation Article 6 – paragraph 3 – subparagraph 1 Except where otherwise provided, the competent customs authority shall take a decision as referred to in paragraph 1 at the latest within
Amendment 176 #
Proposal for a regulation Article 14 – paragraph 2 – point b (b) where the BOI decision is not or no longer compatible with the Agreement on Rules of Origin established in the World Trade Organisation (WTO) or with the advisory opinions, information, advice and similar acts, concerning the determination of the origin of goods to secure uniformity in the interpretation and application of that Agreement, with effect from the date of their publication in the Official Journal of the European Union.
Amendment 176 #
Proposal for a regulation Article 14 – paragraph 2 – point b (b) where the BOI decision is not or no longer compatible with the Agreement on Rules of Origin established in the World Trade Organisation (WTO) or with the advisory opinions, information, advice and similar acts, concerning the determination of the origin of goods to secure uniformity in the interpretation and application of that Agreement, with effect from the date of their publication in the Official Journal of the European Union.
Amendment 177 #
Proposal for a regulation Article 23 – paragraph 7 7. The customs authorities shall grant benefits resulting from the status of authorised economic operator to persons established in third countries, who fulfil conditions and comply with obligations defined by the relevant legislation of those countries or territories, insofar as those conditions and obligations are recognised by the Union as equivalent to those imposed on authorised economic operators established in the customs territory of the Union. Such a granting of benefits shall be based on the principle of reciprocity unless otherwise decided by the Union, and shall be supported by an international agreement of the Union, or partnerships, or Union legislation in the area of the common commercial policy.
Amendment 177 #
Proposal for a regulation Article 23 – paragraph 7 7. The customs authorities shall grant benefits resulting from the status of authorised economic operator to persons established in third countries, who fulfil conditions and comply with obligations defined by the relevant legislation of those countries or territories, insofar as those conditions and obligations are recognised by the Union as equivalent to those imposed on authorised economic operators established in the customs territory of the Union. Such a granting of benefits shall be based on the principle of reciprocity unless otherwise decided by the Union, and shall be supported by an international agreement of the Union, or partnerships, or Union legislation in the area of the common commercial policy.
Amendment 178 #
Proposal for a regulation Article 23 – paragraph 10 a (new) 10 a. 1.1 The participation of Small and Medium-sized Enterprises (SMEs) and Micro, Small, and Medium-sized Enterprises (MSMEs) in external trade is acknowledged as being of central importance to the economy of the European Union. 2.1 It is recognized that SMEs and MSMEs may face challenges in fully complying with the criteria set forth by the Trust & Check Trader program. 2.2 In cases where SMEs and MSMEs are unable to meet the Trust & Check Trader criteria, it shall be ensured that the existing procedural facilitations for exports will continue to be applicable in a comparable form.This is to support the continuous and effective participation of SMEs and MSMEs in external trade. 2.3 The aim is to provide a balanced approach that recognizes the unique challenges faced by SMEs and MSMEs while maintaining the integrity and security of external trade processes. 3.1 Relevant authorities shall offer support and guidance to SMEs and MSMEs to help them understand and strive to meet the criteria of the Trust & Check Trader program. 3.2 Continuous efforts shall be made to simplify and make the procedures more accessible for SMEs and MSMEs, ensuring their vital role in the EU's external trade is facilitated and promoted.
Amendment 178 #
Proposal for a regulation Article 23 – paragraph 10 a (new) 10 a. 1.1 The participation of Small and Medium-sized Enterprises (SMEs) and Micro, Small, and Medium-sized Enterprises (MSMEs) in external trade is acknowledged as being of central importance to the economy of the European Union. 2.1 It is recognized that SMEs and MSMEs may face challenges in fully complying with the criteria set forth by the Trust & Check Trader program. 2.2 In cases where SMEs and MSMEs are unable to meet the Trust & Check Trader criteria, it shall be ensured that the existing procedural facilitations for exports will continue to be applicable in a comparable form.This is to support the continuous and effective participation of SMEs and MSMEs in external trade. 2.3 The aim is to provide a balanced approach that recognizes the unique challenges faced by SMEs and MSMEs while maintaining the integrity and security of external trade processes. 3.1 Relevant authorities shall offer support and guidance to SMEs and MSMEs to help them understand and strive to meet the criteria of the Trust & Check Trader program. 3.2 Continuous efforts shall be made to simplify and make the procedures more accessible for SMEs and MSMEs, ensuring their vital role in the EU's external trade is facilitated and promoted.
Amendment 179 #
Proposal for a regulation Article 25 – paragraph 1 1. An
Amendment 179 #
Proposal for a regulation Article 25 – paragraph 1 1. An
Amendment 180 #
Proposal for a regulation Article 25 – paragraph 1 1. An
Amendment 180 #
Proposal for a regulation Article 25 – paragraph 1 1. An
Amendment 181 #
Proposal for a regulation Article 25 – paragraph 2 2. The customs authorities shall grant the status following consultation with other authorities, if necessary, and after having
Amendment 181 #
Proposal for a regulation Article 25 – paragraph 2 2. The customs authorities shall grant the status following consultation with other authorities, if necessary, and after having
Amendment 182 #
Proposal for a regulation Article 25 – paragraph 3 – introductory part 3. The customs authorities shall grant the status of Trust and Check trader to an importer or exporter who has already obtained AEO status or a person who meets all the following criteria:
Amendment 182 #
Proposal for a regulation Article 25 – paragraph 3 – introductory part 3. The customs authorities shall grant the status of Trust and Check trader to an importer or exporter who has already obtained AEO status or a person who meets all the following criteria:
Amendment 183 #
Proposal for a regulation Article 25 – paragraph 3 – point e (e) appropriate security, safety and compliance standards, adapted to the type and size of the activity carried out. The standards shall be considered as fulfilled where the applicant demonstrates that he or she maintains appropriate measures to ensure the security and safety of the international supply chain, including in the areas of physical integrity
Amendment 183 #
Proposal for a regulation Article 25 – paragraph 3 – point e (e) appropriate security, safety and compliance standards, adapted to the type and size of the activity carried out. The standards shall be considered as fulfilled where the applicant demonstrates that he or she maintains appropriate measures to ensure the security and safety of the international supply chain, including in the areas of physical integrity
Amendment 184 #
Proposal for a regulation Article 25 – paragraph 3 – point f – introductory part (f) having an electronic system
Amendment 184 #
Proposal for a regulation Article 25 – paragraph 3 – point f – introductory part (f) having an electronic system
Amendment 185 #
Proposal for a regulation Article 25 – paragraph 3 – point f – introductory part (f) having an electronic system providing or making available to the customs authorities
Amendment 185 #
Proposal for a regulation Article 25 – paragraph 3 – point f – introductory part (f) having an electronic system providing or making available to the customs authorities
Amendment 186 #
Proposal for a regulation Article 25 – paragraph 6 – subparagraph 1 Where a Trust and Check trader is suspected of involvement in fraudulent activity in relation to its economic or business activity, or of releasing non- compliant goods in the customs territory, its status shall be suspended.
Amendment 186 #
Proposal for a regulation Article 25 – paragraph 6 – subparagraph 1 Where a Trust and Check trader is suspected of involvement in fraudulent activity in relation to its economic or business activity, or of releasing non- compliant goods in the customs territory, its status shall be suspended.
Amendment 187 #
Proposal for a regulation Article 25 – paragraph 8 8. The Trust and Check traders shall enjoy more facilitations than other economic operators in respect of customs controls according to the authorisation granted, including fewer physical and document-based controls. The status of Trust and Check trader shall be taken into account favourably for customs risk management purposes. The European customs authority ensures effective collaboration and coordination between the competent authorities of the Member States. It also ensures the consistent implementation of customs advantages linked to the status of Authorized Economic Operator and Trust & Check throughout the customs union.
Amendment 187 #
Proposal for a regulation Article 25 – paragraph 8 8. The Trust and Check traders shall enjoy more facilitations than other economic operators in respect of customs controls according to the authorisation granted, including fewer physical and document-based controls. The status of Trust and Check trader shall be taken into account favourably for customs risk management purposes. The European customs authority ensures effective collaboration and coordination between the competent authorities of the Member States. It also ensures the consistent implementation of customs advantages linked to the status of Authorized Economic Operator and Trust & Check throughout the customs union.
Amendment 188 #
Proposal for a regulation Article 25 – paragraph 8 a (new) 8 a. Clear guidelines must be available for small and medium-sized businesses so that they can meet the criteria set out in paragraph 3.
Amendment 188 #
Proposal for a regulation Article 25 – paragraph 8 a (new) 8 a. Clear guidelines must be available for small and medium-sized businesses so that they can meet the criteria set out in paragraph 3.
Amendment 189 #
Proposal for a regulation Article 26 – paragraph 1 1.
Amendment 189 #
Proposal for a regulation Article 26 – paragraph 1 1.
Amendment 190 #
Proposal for a regulation Article 26 – paragraph 2 Amendment 190 #
Proposal for a regulation Article 26 – paragraph 2 Amendment 191 #
Proposal for a regulation Article 26 – paragraph 3 – point 1 (new) (1) 4. The Trust and Check Trader and Customs Authorized Economic Operators Customs Simplification status shall remain available at all times, making available two alternative trusted trader options.
Amendment 191 #
Proposal for a regulation Article 26 – paragraph 3 – point 1 (new) (1) 4. The Trust and Check Trader and Customs Authorized Economic Operators Customs Simplification status shall remain available at all times, making available two alternative trusted trader options.
Amendment 192 #
Proposal for a regulation 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, with the exception of the obligations in Article 20(1)c and Article 22(1)c.
Amendment 192 #
Proposal for a regulation 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, with the exception of the obligations in Article 20(1)c and Article 22(1)c.
Amendment 193 #
Proposal for a regulation Article 29 – paragraph 1 – point a (a)
Amendment 193 #
Proposal for a regulation Article 29 – paragraph 1 – point a (a)
Amendment 194 #
Proposal for a regulation Article 29 – paragraph 1 – point b (b) ensure, as defined in Article 5, the quality, integrity, traceability and non- repudiation of data processed therein, including the amendment of such data;
Amendment 194 #
Proposal for a regulation Article 29 – paragraph 1 – point b (b) ensure, as defined in Article 5, the quality, integrity, traceability and non- repudiation of data processed therein, including the amendment of such data;
Amendment 195 #
Proposal for a regulation Article 29 – paragraph 1 – point d (d)
Amendment 195 #
Proposal for a regulation Article 29 – paragraph 1 – point d (d)
Amendment 196 #
Proposal for a regulation Article 29 – paragraph 1 – point e (e) en
Amendment 196 #
Proposal for a regulation Article 29 – paragraph 1 – point e (e) en
Amendment 197 #
Proposal for a regulation Article 29 – paragraph 1 – point f (f)
Amendment 197 #
Proposal for a regulation Article 29 – paragraph 1 – point f (f)
Amendment 198 #
Proposal for a regulation Article 29 – paragraph 5 – subparagraph 1 – point b a (new) (b a) Cybersecurity standards for the protection of information networks of the EU Customs Data Platform must be in accordance with the appropriate guidelines issued by the European Union Agency for Cybersecurity (ENISA).
Amendment 198 #
Proposal for a regulation Article 29 – paragraph 5 – subparagraph 1 – point b a (new) (b a) Cybersecurity standards for the protection of information networks of the EU Customs Data Platform must be in accordance with the appropriate guidelines issued by the European Union Agency for Cybersecurity (ENISA).
Amendment 199 #
Proposal for a regulation Article 29 – paragraph 5 – subparagraph 2 a (new) Establishment of a Comprehensive Electronic Data System for Unilateral Trade Measures The comprehensive and user-friendly digital interface, known as the "DataHub.", shall also provide access to all information related to unilateral trade measures.It aims to enhance companies' compliance with these measures without imposing additional burdens in terms of information retrieval.Additionally, it will promote greater coherence among various unilateral measures.The system will also include a self-assessment tool for companies to assess their compliance with import criteria, along with the provision of real-time data to customs authorities concerning the movement and status of goods. 2.1 The DataHub shall offer direct access to all information pertaining to unilateral trade measures, including tariffs, quotas, sanctions, and embargoes. 2.2 The system shall integrate an electronic system providing real-time data to customs authorities on the movement of goods and the compliance of relevant entities with all applicable requirements. 2.3 The interface shall prioritize user experience, ensuring accessibility, organization, and up-to-dateness of information. 3.1 The electronic system integrated shall be integrated within the EU Customs Data Hub as established in Article 29. 4.1 A Self-Assessment Tool for companies to evaluate compliance with import criteria shall be included within the DataHub or easily accessible from the DataHub. 4.2 The tool shall provide a step-by-step guide for self-evaluation against established trade criteria. 4.3 It shall enable companies to generate compliance reports for internal audits and record-keeping. 5.1 The DataHub shall be accessible to businesses, trade organizations, and the public, requiring account creation for full access. 5.2 Regular updates and maintenance will ensure the system’s accuracy and relevance. 5.3 Support services and resources will be available for user assistance and navigation of the DataHub. 5.4 The system will enable data sharing within the EU Customs Data Hub. 5.5 Domestic Advisory Groups, under Free Trade Agreements, will provide information to the DataHub relevant to the applicability or circumvention of unilateral trade measures.This information shall be verified and submitted prior to the annual meeting of the customs advisory boards. 6.1 The Directorate General Taxation and Customs union, in cooperation shall oversee the development, implementation, and maintenance of the DataHub and its integrated electronic system. 6.2 Regular reviews and audits shall ensure the system's effectiveness and compliance with legislative standards. 7.1 Necessary funding and resources shall be allocated for the development, implementation, and continuous improvement of the DataHub and the electronic system.
Amendment 199 #
Proposal for a regulation Article 29 – paragraph 5 – subparagraph 2 a (new) Establishment of a Comprehensive Electronic Data System for Unilateral Trade Measures The comprehensive and user-friendly digital interface, known as the "DataHub.", shall also provide access to all information related to unilateral trade measures.It aims to enhance companies' compliance with these measures without imposing additional burdens in terms of information retrieval.Additionally, it will promote greater coherence among various unilateral measures.The system will also include a self-assessment tool for companies to assess their compliance with import criteria, along with the provision of real-time data to customs authorities concerning the movement and status of goods. 2.1 The DataHub shall offer direct access to all information pertaining to unilateral trade measures, including tariffs, quotas, sanctions, and embargoes. 2.2 The system shall integrate an electronic system providing real-time data to customs authorities on the movement of goods and the compliance of relevant entities with all applicable requirements. 2.3 The interface shall prioritize user experience, ensuring accessibility, organization, and up-to-dateness of information. 3.1 The electronic system integrated shall be integrated within the EU Customs Data Hub as established in Article 29. 4.1 A Self-Assessment Tool for companies to evaluate compliance with import criteria shall be included within the DataHub or easily accessible from the DataHub. 4.2 The tool shall provide a step-by-step guide for self-evaluation against established trade criteria. 4.3 It shall enable companies to generate compliance reports for internal audits and record-keeping. 5.1 The DataHub shall be accessible to businesses, trade organizations, and the public, requiring account creation for full access. 5.2 Regular updates and maintenance will ensure the system’s accuracy and relevance. 5.3 Support services and resources will be available for user assistance and navigation of the DataHub. 5.4 The system will enable data sharing within the EU Customs Data Hub. 5.5 Domestic Advisory Groups, under Free Trade Agreements, will provide information to the DataHub relevant to the applicability or circumvention of unilateral trade measures.This information shall be verified and submitted prior to the annual meeting of the customs advisory boards. 6.1 The Directorate General Taxation and Customs union, in cooperation shall oversee the development, implementation, and maintenance of the DataHub and its integrated electronic system. 6.2 Regular reviews and audits shall ensure the system's effectiveness and compliance with legislative standards. 7.1 Necessary funding and resources shall be allocated for the development, implementation, and continuous improvement of the DataHub and the electronic system.
Amendment 200 #
Proposal for a regulation Article 30 – paragraph 1 1.
Amendment 200 #
Proposal for a regulation Article 30 – paragraph 1 1.
Amendment 201 #
Proposal for a regulation Article 30 – paragraph 1 1. Member States
Amendment 201 #
Proposal for a regulation Article 30 – paragraph 1 1. Member States
Amendment 202 #
Proposal for a regulation Article 30 – paragraph 2 Amendment 202 #
Proposal for a regulation Article 30 – paragraph 2 Amendment 203 #
Proposal for a regulation Article 30 – paragraph 3 3. Where the EU Customs Authority develops an application in accordance with paragraph
Amendment 203 #
Proposal for a regulation Article 30 – paragraph 3 3. Where the EU Customs Authority develops an application in accordance with paragraph
Amendment 204 #
Proposal for a regulation Article 31 – paragraph 1 – introductory part 1. Persons may have access to the data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, that was transmitted by or on behalf of that person, or that has been addressed to or intended for that person. Such access shall take place exclusively in line with GDPR and the Data Protection Regulation (EUDPR) to:
Amendment 204 #
Proposal for a regulation Article 31 – paragraph 1 – introductory part 1. Persons may have access to the data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, that was transmitted by or on behalf of that person, or that has been addressed to or intended for that person. Such access shall take place exclusively in line with GDPR and the Data Protection Regulation (EUDPR) to:
Amendment 205 #
Proposal for a regulation Article 31 – paragraph 3 – introductory part 3. The EU Customs Authority may process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub exclusively and to the extent necessary for the following purposes:
Amendment 205 #
Proposal for a regulation Article 31 – paragraph 3 – introductory part 3. The EU Customs Authority may process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub exclusively and to the extent necessary for the following purposes:
Amendment 206 #
Proposal for a regulation Article 31 – paragraph 3 – subparagraph 1 (new) (d) to perform robust real-time risk analysis to minimise the responsabilities and liability of legitimate operators;
Amendment 206 #
Proposal for a regulation Article 31 – paragraph 3 – subparagraph 1 (new) (d) to perform robust real-time risk analysis to minimise the responsabilities and liability of legitimate operators;
Amendment 207 #
Proposal for a regulation Article 31 – paragraph 3 – point c a (new) (c a) to perform robust real-time risk analysis to minimise the responsabilities and liability of legitimate operators.
Amendment 207 #
Proposal for a regulation Article 31 – paragraph 3 – point c a (new) (c a) to perform robust real-time risk analysis to minimise the responsabilities and liability of legitimate operators.
Amendment 208 #
Proposal for a regulation Article 31 – paragraph 4 – introductory part 4. The Commission may process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub exclusively and to the extent necessary for the following purposes:
Amendment 208 #
Proposal for a regulation Article 31 – paragraph 4 – introductory part 4. The Commission may process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub exclusively and to the extent necessary for the following purposes:
Amendment 209 #
Proposal for a regulation Article 31 – paragraph 5 5. The European Anti-Fraud Office (‘OLAF’) may process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively and to the extent necessary for carrying out its activities concerning customs matters pursuant to Article 1 of Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council, and Council Regulation (EC) No 515/97, under the conditions relating to data protection laid down in the aforementioned Regulations.
Amendment 209 #
Proposal for a regulation Article 31 – paragraph 5 5. The European Anti-Fraud Office (‘OLAF’) may process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively and to the extent necessary for carrying out its activities concerning customs matters pursuant to Article 1 of Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council, and Council Regulation (EC) No 515/97, under the conditions relating to data protection laid down in the aforementioned Regulations.
Amendment 210 #
Proposal for a regulation Article 31 – paragraph 6 6. The European Public Prosecutor’s Office (‘EPPO’) may
Amendment 210 #
Proposal for a regulation Article 31 – paragraph 6 6. The European Public Prosecutor’s Office (‘EPPO’) may
Amendment 211 #
Proposal for a regulation Article 31 – paragraph 10 10. The European Union Agency for Law Enforcement Cooperation (Europol) may, upon request, access data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively and to the extent necessary to perform its tasks in accordance with Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council as long as those tasks concern customs-related matters and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article.
Amendment 211 #
Proposal for a regulation Article 31 – paragraph 10 10. The European Union Agency for Law Enforcement Cooperation (Europol) may, upon request, access data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub, exclusively and to the extent necessary to perform its tasks in accordance with Article 4 of Regulation (EU) 2016/794 of the European Parliament and of the Council as long as those tasks concern customs-related matters and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article.
Amendment 212 #
Proposal for a regulation Article 31 – paragraph 11 – point c a (new) (c a) Relevant data may be made available to third countries’ customs and market surveillance authorities, allowing for cooperation between EU and third countries’ customs authorities to the extent necessary to ensure compliance of imports with EU law. It is imperative that this process incorporates stringent measures for the protection of company data, particularly sensitive information. To this end, the deployment of the best available cybersecurity software and practices will be mandatory to safeguard the integrity and confidentiality of the shared data against any form of unauthorized access or cyber threats.
Amendment 212 #
Proposal for a regulation Article 31 – paragraph 11 – point c a (new) (c a) Relevant data may be made available to third countries’ customs and market surveillance authorities, allowing for cooperation between EU and third countries’ customs authorities to the extent necessary to ensure compliance of imports with EU law. It is imperative that this process incorporates stringent measures for the protection of company data, particularly sensitive information. To this end, the deployment of the best available cybersecurity software and practices will be mandatory to safeguard the integrity and confidentiality of the shared data against any form of unauthorized access or cyber threats.
Amendment 213 #
Proposal for a regulation Article 31 – paragraph 11 – subparagraph 1 (new) Any natural or legal person may, upon request, access data stored or otherwise available in the EU Customs Data Hub under the conditions specified in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.
Amendment 213 #
Proposal for a regulation Article 31 – paragraph 11 – subparagraph 1 (new) Any natural or legal person may, upon request, access data stored or otherwise available in the EU Customs Data Hub under the conditions specified in Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.
Amendment 214 #
Proposal for a regulation Article 31 – paragraph 11 a (new) 11 a. To ensure the accuracy and reliability of the information provided, a robust verification mechanism shall be implemented. This mechanism will involve a thorough review and validation of the information by the relevant authorities before its inclusion in the EU Customs Data Hub. This process aims to maintain the integrity of the data within the hub and to prevent the dissemination of erroneous or misleading information.
Amendment 214 #
Proposal for a regulation Article 31 – paragraph 11 a (new) 11 a. To ensure the accuracy and reliability of the information provided, a robust verification mechanism shall be implemented. This mechanism will involve a thorough review and validation of the information by the relevant authorities before its inclusion in the EU Customs Data Hub. This process aims to maintain the integrity of the data within the hub and to prevent the dissemination of erroneous or misleading information.
Amendment 215 #
Proposal for a regulation Article 31 – paragraph 12 12. Until the date set out in Article 265(3), the Commission, OLAF and the EU Customs Authority once it is established shall, exclusively for the purposes stated in paragraphs 4, 5 and 6, be able to process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal data, from the existing electronic systems for the exchange of information developed by the Commission pursuant to Regulation (EU) No 952/2013.
Amendment 215 #
Proposal for a regulation Article 31 – paragraph 12 12. Until the date set out in Article 265(3), the Commission, OLAF and the EU Customs Authority once it is established shall, exclusively for the purposes stated in paragraphs 4, 5 and 6, be able to process data, in line with GDPR and the Data Protection Regulation (EUDPR) including personal data, from the existing electronic systems for the exchange of information developed by the Commission pursuant to Regulation (EU) No 952/2013.
Amendment 216 #
Proposal for a regulation Article 31 – paragraph 14 – subparagraph 1 – introductory part The Commission shall lay down, by means of implementing acts, rules and modalities for accessing or processing data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub by the authorities referred to in paragraphs 6 to 11, as well as confidentiality and accountability rules for all persons with access to the data. In determining those rules and modalities, the Commission shall, for each authority or category of authorities:
Amendment 216 #
Proposal for a regulation Article 31 – paragraph 14 – subparagraph 1 – introductory part The Commission shall lay down, by means of implementing acts, rules and modalities for accessing or processing data, including personal and commercially sensitive data, stored or otherwise available in the EU Customs Data Hub by the authorities referred to in paragraphs 6 to 11, as well as confidentiality and accountability rules for all persons with access to the data. In determining those rules and modalities, the Commission shall, for each authority or category of authorities:
Amendment 217 #
Proposal for a regulation Article 31 – paragraph 14 – subparagraph 1 – point d (d)
Amendment 217 #
Proposal for a regulation Article 31 – paragraph 14 – subparagraph 1 – point d (d)
Amendment 218 #
Proposal for a regulation Article 43 – paragraph 3 a (new) 3 a. Encouraging the Use of Artificial Intelligence and Non-Intrusive Inspection Technologies in Customs Controls 1.1 Customs authorities are encouraged to incorporate artificial intelligence (AI) and non-intrusive inspection (NII) technologies, such as X-ray scanners, into their operational procedures.This recommendation aims to improve the efficiency and effectiveness of customs inspections, especially in handling the increasing volumes of cross-border e- commerce. 1.2 The application of AI for automated image identification and risk assessment in customs controls is recommended to reduce reliance on manual analysis and to minimize human error. 2.1 The use of advanced image compression technologies for the cost- effective collection, storage, and archiving of X-ray scans is encouraged.This facilitates the creation of a substantial image library, instrumental for training purposes and the development of Automated Threat Detection (ATD) algorithms. 3.1 The integration of Internet of Things (IoT) technology is encouraged to enhance security and efficiency in customs operations.This includes employing sensors in vehicles and containers for effective cargo monitoring and journey tracking, as well as improving communication between X-ray scanners and electronic seals (e-seals) on containers. 3.2 The development of policies and legislation to address privacy and data exchange challenges associated with the use of IoT in customs operations is recommended. 4.1 The deployment of Robotic Process Automation (RPA) in customs operations is encouraged to perform high-volume, repetitive tasks more efficiently than human capability.This includes automating the verification of manifests and declaration submissions, and integrating with optical character recognition systems for rapid verification and correction processes. 5.1 Customs administrations are advised to adopt best practices and continually update their technological strategies to reflect the advancements in AI, IoT, and RPA. 5.2 Regular training and updating of customs personnel are recommended to ensure the effective use of these technologies. 5.3 Compliance with this article will be monitored through periodic reviews, assessing the effectiveness of technology implementation in customs operations.
Amendment 218 #
Proposal for a regulation Article 43 – paragraph 3 a (new) 3 a. Encouraging the Use of Artificial Intelligence and Non-Intrusive Inspection Technologies in Customs Controls 1.1 Customs authorities are encouraged to incorporate artificial intelligence (AI) and non-intrusive inspection (NII) technologies, such as X-ray scanners, into their operational procedures.This recommendation aims to improve the efficiency and effectiveness of customs inspections, especially in handling the increasing volumes of cross-border e- commerce. 1.2 The application of AI for automated image identification and risk assessment in customs controls is recommended to reduce reliance on manual analysis and to minimize human error. 2.1 The use of advanced image compression technologies for the cost- effective collection, storage, and archiving of X-ray scans is encouraged.This facilitates the creation of a substantial image library, instrumental for training purposes and the development of Automated Threat Detection (ATD) algorithms. 3.1 The integration of Internet of Things (IoT) technology is encouraged to enhance security and efficiency in customs operations.This includes employing sensors in vehicles and containers for effective cargo monitoring and journey tracking, as well as improving communication between X-ray scanners and electronic seals (e-seals) on containers. 3.2 The development of policies and legislation to address privacy and data exchange challenges associated with the use of IoT in customs operations is recommended. 4.1 The deployment of Robotic Process Automation (RPA) in customs operations is encouraged to perform high-volume, repetitive tasks more efficiently than human capability.This includes automating the verification of manifests and declaration submissions, and integrating with optical character recognition systems for rapid verification and correction processes. 5.1 Customs administrations are advised to adopt best practices and continually update their technological strategies to reflect the advancements in AI, IoT, and RPA. 5.2 Regular training and updating of customs personnel are recommended to ensure the effective use of these technologies. 5.3 Compliance with this article will be monitored through periodic reviews, assessing the effectiveness of technology implementation in customs operations.
Amendment 219 #
Proposal for a regulation Article 51 – paragraph 1 1. The Commission
Amendment 219 #
Proposal for a regulation Article 51 – paragraph 1 1. The Commission
Amendment 220 #
Proposal for a regulation Article 75 – paragraph 1 Where, for any reason, goods cannot be maintained in temporary storage, the customs authorities shall without delay take all measures necessary to donate, recycle or otherwise dispose of the goods in accordance with Articles 76, 77 and 78.
|