2023/0156(COD) | [ParlTrack]

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

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 ~~simplifi~~harmonised. A modern, integrated set of interoperable electronic services should be provided for collecting, processing and exchanging information relevant for implementing customs legislation (European Union Customs Data Hub, ‘EU Customs Data Hub’). A European Union Customs Authority (‘EU Customs Authority’) should be established as a central, operational capacity for the coordinated governance of the customs union in specific areas.

Amendment 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 ~~and~~, simplified and harmonized. A modern, integrated set of interoperable electronic services should be provided for collecting, processing and exchanging information relevant for implementing customs legislation (European Union Customs Data Hub, ‘EU Customs Data Hub’). A European Union Customs Authority (‘EU Customs Authority’) should be established as a central, operational capacity for the coordinated governance of the customs union in specific areas.

Amendment 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 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, applying to all sellers and marketplaces involved in a distance sale of goods to be imported from third countries, 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. New definitions should also be introduced in relation to the broader scope of the provisions of customs supervision, risk management and customs controls.

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 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~~responsible towards customs 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. New definitions should also be introduced in relation to the broader scope of the provisions of customs supervision, risk management and customs controls.

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 ~~compliance of the goods, including for financial and non-financial risks,~~financial risks and subject to responsibilities set forth in product compliance laws 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. New definitions should also be introduced in relation to the broader scope of the provisions of customs supervision, risk management and customs controls.

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. . _________________ 43 Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (OJ L 077 23.3.2011, p. 1).

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 . However, the deemed importer can not be liable for providing non-fiscal compliance information. _________________ 43 Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (OJ L 077 23.3.2011, p. 1).

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 32 years.

Amendment 150 #

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~~ In order to allow espeially trustworthy traders to benefit from even more facilitationsthe Trust and Check traders scheme will be established. 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 operator~~require increased transparency efforts such as 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 reassess the existing authorisations for AEO for customs simplifications until the end of the transition periodThe Trust and Check traders scheme should co-exist next to the AEO.

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. 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 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. In line with the approach set out in Regulation (EU) .../… of the European Parliament and of the Council45 and the European Interoperability Framework46 ,the EU Customs Data Hub should foster cross- border and cross-sector interoperability in Europe. It should exploit the potential of existing sources of risk information available at Union level, such as the rapid alert systems for food and feed (RASFF) and for non-food products (SafetRelevant customs data should involve targeted primary Gdate), the Information and Communication System for Market Surveillance (ICSMS), the IP Enforcement Portal. It should underpin the development of strategic and operational cooperation, including information exchange and interoperability, between customs and other authorities, bodies and services, within their respective competences. Moreova collection from data holders who have control over information which can be used to validate declarations (manufacturers, the EU Customs Data Hub should provide a wide range of advanced data analytics, also including through the use of artificial intelligence.That data analysis should be an enabler for risk analysis, economic analysis, and predictive analysis to anticipate possible risks with consignments coming to or moving from, the Union. To ensure better supervision of trade flows and a streamlined way of collaboration with authorities other than customs, the EU Customs Data Hub should be capable of making use of the framework of collaboration of the EU Single Window Environment for Customs and, where that framework cannot be used, offer those authorities a specific service through they can obtain the relevant data, provide and share information to the customs authorities and make sure that the sectorial requirements are complied with. This would be necessary in case the other authorities would not have an electronic system that could be federated with the EU Customs Data Hub. _________________ 45 [OJ: Please insert in the text the number of the Regulation contained in document COM/2022/720 final – 2022/0379 (COD) and insert the number, date, title and OJ reference in this footnote.] Regulation (EU) ../…. of the European Parliament and of the Council laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act) [COM/2022/720 final – 2022/0379 (COD)] (OJ L ..,…..2023, p. .). 46 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the committee of the regions European Interoperability Framework – Implementation Strategy (COM/2017/0134 finalshippers, agents, e- commerce platforms and payment service providers). This data will support the performance of robust risk analysis enabled bythe EU Customs Data Hub capabilities as defined in Article 29 (1) (d).

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 ~~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. Without prejudice to the protection of confidential business information, those rules should not prevent the disclosure of non-personal data after access to information requests. 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 general interest andthe need ensure that the personal and confidential data collected for customs purposes are used for additional purposes ~~only to the minimum extent necessary.~~in a proportionate manner, and consistently with Regulation (EU) 2016/679 and Directive EU 2016/943

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 ~~request~~have access to the data in the EU Customs Data Hub. To preserve the functions that are performed in Member States’ national IT systems, the tax authorities of the Member States should either obtain the possibility to process data directly within the EU Customs Data Hub or to extract data from the EU Customs Data Hub and process it through different means. As such, authorities responsible for food safety in accordance with Regulation Regulation (EU) 2017/625 of the European Parliament and of the Council49 and the authorities responsible for market surveillance in accordance with Regulation (EU) 2019/1020 should be provided with the right services and tools in the EU Customs Data Hub so that they can use the relevant customs data to contribute to enforcing the relevant Union legislation and for cooperating with customs authorities to minimise the risks that non- compliant products enter the Union. It is appropriate that Europol has access upon request to data in the EU Customs Data Hub to be able to perform its tasks as specified in Regulation (EU) 2016/794 of the European Parliament and of the Council50 . All other Union and national bodies and authorities, including the European Border and Coast Guard Agency (Frontex), should have access to non- personal data contained in the EU Customs Data Hub. _________________ 47 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 48 Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82, 22.3.1997, p. 1). 49 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)(OJ L 95, 7.4.2017, p. 1). 50 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

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 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 ~~request access to the~~access and process data in the EU Customs Data Hub. To preserve the functions that are performed in Member States’ national IT systems, the tax authorities of the Member States should either obtain the possibility to process data directly within the EU Customs Data Hub or to extract data from the EU Customs Data Hub and process it through different means. As such, authorities responsible for food safety in accordance with Regulation Regulation (EU) 2017/625 of the European Parliament and of the Council49 and the authorities responsible for market surveillance in accordance with Regulation (EU) 2019/1020 should be provided with the right services and tools in the EU Customs Data Hub so that they can use the relevant customs data to contribute to enforcing the relevant Union legislation and for cooperating with customs authorities to minimise the risks that non- compliant products enter the Union. It is appropriate that Europol has access upon request to data in the EU Customs Data Hub to be able to perform its tasks as specified in Regulation (EU) 2016/794 of the European Parliament and of the Council50 . All other Union and national bodies and authorities, including the European Border and Coast Guard Agency (Frontex), should have access to non- personal data contained in the EU Customs Data Hub. _________________ 47 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 48 Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82, 22.3.1997, p. 1). 49 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)(OJ L 95, 7.4.2017, p. 1). 50 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

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 ~~for~~to request and 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.

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

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 [...]., recalling explicitally that the risk criteria to be used to select persons by means of an automated processing, when resulting in individual decisions, should be based on circumstances that are reliable and directly linked to objective factors; not entail a direct or indirect risk of discrimination, such as race, ethnic origin, religion, political orientation, sexual orientation; and not be excessively broad

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 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. This requires close collaboration with competent authorities enforcing other legislation applied by customs, with a specific focus on collaboration with market surveillance authorities.

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 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.

Amendment 165 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

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. ~~It should not last more than 10 days, except in exceptional cases.~~ If the importer needs to store the goods for a longer period, the goods should be in a customs warehouse, where the goods can be stored without time limit. The existing authorisations for temporary storage locations should therefore be converted into customs warehouse authorisations if the relevant requirements are met.

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 ~~for a maximum of 15 days~~. Finally, in order to provide legal certainty to the traders that have provided the information on time without obliging the customs authorities to react to every consignment, the goods that have not been selected for a control after a reasonable period of time should be considered released. The Commission should be entitled to define this period of time in delegated rules, adapting it, where necessary, to the type of traffic or type of border crossing points.

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

(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 remove the threshold under which goods of negligible value not exceeding EUR 150 per consignment are exempted from customs duties at import in accordance with Council Regulation (EC) No 1186/200953, and to introduce a simplified tariff treatment for distance sales of imported goods from third countries in accordance with Council Regulation (EEC) No 2658/8754 (Combined Nomenclature). In light of these proposed amendments, certain rules of the Code on tariff classification, origin and customs value should be amended to provide for the simplifications applicable on a voluntary basis by the deemed importer when determining the customs duty in a business-to-consumer transaction qualifying as distance sales for VAT purposes. The simplifications should consist in the possibility to calculate the customs duty due by applying one of the new bucket tariffs in the Combined Nomenclature to a value calculated in a simpler way. Under the simplified rules for business-to-consumer e-commerce transactions, the net purchase price without VAT but including the total transport costs until the final destination of the product should be considered as the customs value and no origin should be required. However, if the deemed importer wishes to benefit from preferential tariff rates by proving the originating status of the goods, that person can do so by applying the standard procedures. _________________ 53 Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (OJ L 324, 10.12.2009, p. 23). 54 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).deleted

Amendment 170 #

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 remove the threshold under which goods of negligible value not exceeding EUR 150 per consignment are exempted from customs duties at import in accordance with Council Regulation (EC) No 1186/200953, and to introduce a simplified tariff treatment for distance sales of imported goods from third countries in accordance with Council Regulation (EEC) No 2658/8754 (Combined Nomenclature). In light of these proposed amendments, cCertain rules of the Code on tariff classification, origin and customs value should be amended to provide for the simplifications applicable on a voluntary basis by the deemed importer when determining the customs duty in a business-to-consumer transaction qualifying as distance sales for VAT purposes. The simplifications should consist in the possibility to calculate the customs duty due by applying one of the new bucket tariffs in the Combined Nomenclature to a value calculated in a simpler way. Under the simplified rules for business-to-consumer e-commerce transactions, the net purchase price without VAT but including the total transport costs until the final destination of the product should be considered as the customs value and no origin should be required. However, if the deemed importer wishes to benefit from preferential tariff rates by proving the originating status of the goods, that person can do so by applying the standard procedures. _________________ 53 Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (OJ L 324, 10.12.2009, p. 23). 54 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

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 ~~and~~,the Commission and the European Parliamentshould 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.

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 all Member States. Non compliance with importer, exporter and deemed-importer obligations should be included in the list of customs infringements. In determining the sanction applicable, customs authorities should define if these acts or omissions are committed intentionally or by obvious negligence.

Amendment 182 #

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.deleted

Amendment 183 #

Proposal for a regulation
Recital 64

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) InFrom January 20329, economic operators may start using, on a voluntary basis, the capabilities of the EU Customs Data Hub. Bby ~~the end of~~December 20372, the EU Customs Data Hub should be fully developed, and all economic operators shall use it. Trust and Check traders and deemed importers will be supervised by the Member State of their establishment. By derogation and subject to review, operators that are neither Trust and Check traders nor deemed importers will remain under the supervision of the customs authority of the Member State where the goods are physically located. By 31 December 20351, the Commission should evaluate the two supervision models, including as regards their effectiveness for detecting and preventing fraud. The evaluation should also consider indirect taxation aspects. Based on this evaluation, the Commission should be entitled to decide by delegated act whether the two models should continue or whether, in all cases, the customs authority responsible for the place of establishment of the trader should release the goods. The place of incurrence of customs debt should also be regulated in accordance with the determination of the responsible customs authority,

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~~ing~~ a risk for the safety or 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;

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;. This includes relevant multilateral environmental agreements to which the EU and the Member States are Party, insofar as they regulate the conformity of goods.

Amendment 190 #

Proposal for a regulation
Article 5 – paragraph 1 – point 12

(12) (12) ‘importer’ means ~~any person~~the following: a) a private individual carrying goods to be taken into the customs territory of the Union where these goods are contained in the private individual's personal baggage; b) a person established in the customs territory of the Union, who has the power to determine and has determined that the goods from a third country are to be brought into the customs territory of the Union ~~or,~~; c) where (b) does not apply, any person established in the customs territory of the Union who is a party to the contract under which goods are to be brought into the customs territory OR agrees to take on this role; d) except otherwise provided, any person who is considered a deemed importer;.

Amendment 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 ~~or, except otherwise provided, any person who is considered a deemed importer~~;

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 ~~who i~~, including persons authorised to use the special scheme laid down in Title XII, Chapter 6, Section 4 of Directive 2006/112/EC;

Amendment 195 #

Proposal for a regulation
Article 5 – paragraph 1 – point 14

(14) ‘exporter’ means a~~ny person who has the power to determine and has determined that the goods are to be taken out of the customs territory of the Union;~~ private individual carrying goods to be taken out of the customs territory of the Union where these goods are contained in the private individual's personal baggage, or (i) aperson established in the customs territory of the Union, who has the power to determine and has determined that the goods are to be taken out of that customs territory; (ii) where (i) does not apply, any person established inthe customs territory of the Union who is a party to the contract under which goods are to be taken out of that customs territory OR agrees to take on this role.

Amendment 196 #

Proposal for a regulation
Article 5 – paragraph 1 – point 15 a (new)

(15 a) (15bis) ‘customs agent’ means a natural person or legal person who acts as a direct or indirect representative.

Amendment 197 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

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~~EU citizens and residents; or

Amendment 198 #

Proposal for a regulation
Article 5 – paragraph 1 – point 18 –point b

(b) pose a threat to the security and ~~safety of theUnion and its~~public health ofUnion citizens and residents; or

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~~ies~~y to specific goods under the customs legislation in force;

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’ means an event or a situation 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.as defined in Article 3 paragrpaph 1 point 1 of Regulation establishing a Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98

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 3014 calendar days of receipt of the application for a decision, verify whether the conditions for the acceptance of that application are fulfilled.

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 1290 calendar days of the date of acceptance of the application and shall notify the applicant without delay.

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

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 ~~applicant may consider the request to have~~request shall be considered to been denied and the applicant 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.

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

~~(a) attendance, where requested, by customs staff outside official office hours or at premises other than customs premises;~~deleted

Amendment 219 #

Proposal for a regulation
Article 18 – paragraph 2 – point d

~~(d) exceptional control measures, where these are necessary due to the nature of the goods or to a potential risk.~~deleted

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 ~~goods en~~relevant economic operator as determin~~g or exiting the customs territory of the Union~~ed under Regulation 2023/988 on general product safety and Regulation 2019/1020 has complyied with the relevant other 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;.

Amendment 223 #

Proposal for a regulation
Article 20 – paragraph 1 – point c

(c) ensuring th~~at the goods en~~e relevant economic operator as determin~~g or exiting the customs territory of the Union~~ed under Regulation 2023/988 on general product safety and Regulation 2019/1020 has complyied with the relevant other 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;

Amendment 224 #

Proposal for a regulation
Article 21 – paragraph 1

1. By way of derogation from Article 20(1), ~~point (a),~~ deemed importers shall (a) 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 and (b) ensure the correct calculation and payment of customs duties and any other charges applicable.

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 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 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 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

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 ~~or exporter,~~, exporter or customs representative 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 230 #

Proposal for a regulation
Article 25 – paragraph 1

1. An ~~importer or exporter~~person, 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 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 ~~access to~~received and assessed the relevant data of the applicant for the last 3 years in order to assess compliance with the criteria in paragraph 3.

Amendment 232 #

Proposal for a regulation
Article 25 – paragraph 3 – point a

(a) the absence of any serious infringement or repeated infringements of customs legislation and taxation rules and no record of serious criminal offences; the infringements and offences to be considered are those relating to economic or business activities;deleted

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

(b) the demonstration by the applicant of a high level of control of his or her operations and of the flow of goods, by means of a system of managing commercial and transport records, which allows appropriate customs controls and evidence that non-compliance has been effectively remedied;the applicant shall ensure that relevant employees inform the customs authorities whenever compliance difficulties are discovered and establishes procedures for informing the customs authorities of such difficulties;deleted

Amendment 236 #

Proposal for a regulation
Article 25 – paragraph 3 – point c

(c) financial solvency, which shall be deemed to be proven where the applicant has good financial standing, which enables him or her to fulfil his or her commitments, with due regard to the characteristics of the type of business activity concerned. In particular, during the last 3 years preceding the submission of the application, the applicant shall have 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;deleted

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 ~~good~~ financial standing, which enables him or her to fulfil his or her commitments, with due regard to the characteristics of the type of business activity concerned. In particular, during the last 3 years preceding the submission of the application, the applicant shall have 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;

Amendment 238 #

Proposal for a regulation
Article 25 – paragraph 3 – point d

(d) practical standards of competence or professional qualifications directly related to the type and size of activity carried out, including that relevant employees are instructed on how to interact with customs authorities through the EU Customs Data Hub;deleted

Amendment 239 #

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 and access controls, logistical processes and handling of specific types of goods, personnel and identification of his or her business partners;deleted

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 ~~providing~~, including systems managed by a third- party provider, that provides or mak~~ing~~es available to the customs authorities the appropriate real-time ~~all~~ data on the movement of the goods and the compliance of the person referred to in paragraph 1 with all requirements applicable on those goods, including relating to safety and security and including where relevant sharing in the EU Customs Data Hub:

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 ~~real-time all~~data, and where reasonably justified and appropriate real- time data ,on the movement of the goods and the compliance of the person referred to in paragraph 1 with all requirements applicable on those goods, including relating to safety and security and including where relevant sharing in the EU Customs Data Hub:

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 ~~all~~relevant data on the movement of the goods and the compliance of the person referred to in paragraph 1 with all requirements applicable on those goods, including relating to safety and security and including where relevant sharing in the EU Customs Data Hub:

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 ~~real-time~~all data on the movement of the goods and the compliance of the person referred to in paragraph 1 with all requirements applicable on those goods, including relating to safety and security and including where relevant sharing in the EU Customs Data Hub:

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 32 years shall perform and in-depth monitoring of the Trust and Check trader’s activities and internal records. The Trust and Check trader shall inform the customs authorities of any changes in its corporate structure, ownership, solvency situation, trading models or any other significant changes in its situation and activities. The customs authorities shall re-assess the status of the Trust and Check trader if any of these changes have a significant impact on the Trust and Check status. The customs authorities may suspend this authorisation until a decision on the reassessment is taken.

Amendment 248 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 2

The customs authorities at least every 3 years shall perform and in-depth monitoring of the Trust and Check trader’s activities and internal records. The Trust and Check trader shall inform the customs authorities of any changes in its corporate structure, ownership, solvency situation, trading models or any other significant changes in its situation and activities. The customs authorities shall re-assess the status of the Trust and Check trader if any of these changes have a significant impact on the Trust and Check status. The customs authorities may suspend this authorisation until a decision on the reassessment is taken.

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. ~~During the reassessment, the customs authority of the Member State that granted the initial authorisation may suspend it.~~

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, ~~ownership,~~ solvency situation, trading models or any other significant changes in its situation and activities if any of these changes have an impact on the Trust and Check status.

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 ~~suspected of~~ involve~~ment~~d in fraudulent activity in relation to its economic or business activity~~, its status shall be suspended~~ or releasing non-compliant goods in the internal market its status shall be suspended. This suspension shall be notified in the Customs Data Hub.

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 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a regulation
Article 25 – paragraph 7 – introductory part

7. Customs authorities ~~may~~shall authorise Trust and Check traders:

Amendment 255 #

Proposal for a regulation
Article 25 – paragraph 7 – introductory part

7. Customs authorities ~~may~~shall authorise Trust and Check traders:

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

~~(b) the modalities for the application of the criteria referred to in paragraph 3;~~deleted

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

Article 26 Transitional provisions for authorised economic operators for customs simplifications 1. Until the date established in Article 265(4), the customs authorities may grant persons meeting the criteria the status of authorised economic operator for customs simplifications and authorise them to benefit from certain simplifications and facilitations in accordance with the customs legislation. 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. If they may not, the status of authorised economic operators for customs simplifications and the simplifications referred to in Article 23(5) shall be revoked. 3. Until the authorisation is reassessed or until the date established in Article 265(3), whichever is the earlier, the recognition of status of authorized economic operator for customs simplifications shall remain valid, unless Articles 9 and 10 on annulment, revocation or amendment of decisions apply.deleted

Amendment 262 #

Proposal for a regulation
Article 26 – paragraph 1

1. Until the date established in Article 265(4), the customs authorities may grant persons meeting the criteria the status of authorised economic operator for customs simplifications and authorise them to benefit from certain simplifications and facilitations in accordance with the customs legislation.deleted

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. ~~If they may not, the status of authorised economic operators for customs simplifications and the simplifications referred to in Article 23(5) shall be revoked.~~

Amendment 264 #

Proposal for a regulation
Article 26 – paragraph 3

3. Until the authorisation is reassessed or until the date established in Article 265(3), whichever is the earlier, the recognition of status of authorized economic operator for customs simplifications shall remain valid, unless Articles 9 and 10 on annulment, revocation or amendment of decisions apply.deleted

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 ~~shall be considered~~ must be held jointly and liable withthe importer or ~~the~~ exporter for ~~the purposes of Articles 20 and 22, respectively~~customs procedures.

Amendment 268 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

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 ~~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 trad~~direct or indirect representative, regardless of whether ifthe person in whose name and on whose behalf that representative is acting has ~~been granted such~~ Trust and Check traderstatus.

Amendment 271 #

Proposal for a regulation
Article 27 – paragraph 3

3. ~~A c~~Customs representatives having the status of Trust and Check trader ~~shall only be recognised as such when~~ , regardless whetheracting as indirect representative. When acting as a direct representative, the customs representative may be recognised as Trust and Check trader if the person in whose nameand on whose behalf that representative is acting has been granted such statuor indirect representative, shall be able to offer customs servicesalso in other Member States of the Union, and their customers will benefit from their simplifications granted bythe customs authorities.

Amendment 272 #

Proposal for a regulation
Article 27 – paragraph 4

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. ~~The Commission shall~~Member States may determine, in accordance with Union law, the conditions under which a customs representative ~~may provide services in the customs territory of the Union~~s, without the status of Trust and Check trader, may provide services in the Member State where they are established.

Amendment 274 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

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 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

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, ~~and~~ shall establish a data quality framework and shall establish a public contact point for urgent requests or security threats concerning the EU Customs Data Hub.

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~~, upon request, ac~~ access and process data, 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 tasks pursuant to Article 4 of Council Regulation (EU) 2017/193966~~, insofar as the conduct investigated by EPPO concerns customs and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article.~~ _________________ 66 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

Amendment 289 #

Proposal for a regulation
Article 31 – paragraph 6

6. The European Public Prosecutor’s Office (‘EPPO’) ~~may, upon request, ac~~shall have access directly and shall otherwise process data, 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 tasks pursuant to ~~Article 4 of~~Council Regulation (EU) 2017/193966, insofar as the conduct investigated by EPPO concerns customs and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article. _________________ 66 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

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. _________________ 67 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)(OJ L 95, 7.4.2017, p. 1).

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 an implementing act adopted pursuant to paragraph 14 of this Article.

Amendment 293 #

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 294 #

Proposal for a regulation
Article 31 – paragraph 12

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

~~3. The Commission shall lay down, by means of implementing acts, the rules for anonymising the personal data after the expiry of the retention period.~~deleted

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 or, Union bodies or authorities from third countries make use of electronic means established by, used to achieve the objectives of, or referred to in Union legislation, the cooperation may take place by means of interoperability of those electronic means with the EU Customs Data Hub.

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 ~~for as long as is necessary~~ to determine their customs status.

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 ~~or the deemed importer~~shall:

Amendment 308 #

Proposal for a regulation
Article 44 – paragraph 2

2. The customs authorities may ~~at any time~~when there are good reasonsrequire goods to be unloaded and unpacked for the purpose of examining them, taking samples or examining the means of transport carrying them.

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 ~~may~~shall establish common priority control areas and common risk criteria and standards for any type of risk, including but not limited to risks relating to financial interests.

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 ~~may~~shall identify specific areas in the domain of other legislation applied by the customs authorities that warrant priority treatment for customs risk management and controls.

Amendment 313 #

Proposal for a regulation
Article 51 – paragraph 3 – introductory part

3. The Commission ~~may~~shall:

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 authorities other than customs authorities, including from third countries, from the secretariats under relevant Multilateral Environmental Agreements and the customs Advisory Board.

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 2 year~~s; t~~. The Commission should publish this evaluation. The Commission may in addition arrange evaluation activities to be carried out where it considers necessary, and on an ongoing basis.

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 2 years; the evaluation shall be publicly accessible; the Commission may in addition arrange evaluation activities to be carried out where it considers necessary, and on an ongoing basis.

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 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 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~~, unless that legislation requires consulting other authorities beforehand;~~

Amendment 325 #

Proposal for a regulation
Article 60 – paragraph 3 – point b

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

~~(ii) the other authorities have not replied within the time limit determined in the relevant other legislation applied by the customs authorities, or~~deleted

Amendment 329 #

Proposal for a regulation
Article 60 – paragraph 5 – point b –point ii

~~(ii) the other authorities have not replied within the time limit determined in the relevant other legislation applied by the customs authorities, or~~deleted

Amendment 330 #

Proposal for a regulation
Article 60 – paragraph 5 – point b –point ii

~~(ii) the other authorities have not replied within the time limit determined in the relevant other legislation applied by the customs authorities, or~~deleted

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 ~~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 exporter, whichever comes first. The customs authorities shall make the traceability available to the other authorities.

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 ~~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 exporter, whichever comes first. The customs authorities shall make the traceability available to the other authorities.

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 ~~within a reasonable period of tim~~as soon as possible after:

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 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

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 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

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 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a regulation
Article 83 – paragraph 4

4. ~~Where the arrival of the means of transport and of the consignments therein is not covered by the notification referred to in paragraph 1, the~~Goods which are brought into the customs territory of the Union by sea or air and which remain on board the same means of transport for carrierage, shall ~~notify the arrival of thegoods brought~~only be notified as ‘arrived’ into the customs territory ~~of the Union by sea or air~~ at the port or airport where they are unloaded or transhipped.

Amendment 340 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Isabella TOVAGLIERI

Proposal for a regulation
Article 83 – paragraph 6

6. TFrom the date set out in article 265 (3) and only under exceptional cases,the carrier shall not unload, in the customs territory of the Union, the goods for which a minimum advance cargo information has not been provided or made available to customs, unless the customs authorities have requested the carrier to present them in accordance with Article 85. (9) The Commission is empowered to adopt delegated acts in accordance with Article 261, to supplement this Regulation by determining the minimum advance cargo data referred to in paragraph 6 and the specific circumstances when the carrier can be prevented from unloading the cargo.

Amendment 341 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

Proposal for a regulation
Article 85 – paragraph 2

2. The customs authorities shall require the carrier , without prejudice to article 80(5),to present the goods and provide the advance cargo information referred to in Article 80, where this information has not been provided at an earlier stage.

Amendment 342 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

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 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

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 #

Marco CAMPOMENOSI, Alessandra BASSO, Antonio Maria RINALDI, Markus BUCHHEIT, Isabella TOVAGLIERI

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 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 extendunless the customs authorities do not require the goods to be presented.

Amendment 345 #

Article 86 – paragraph 5

5. Non-Union goods in temporary storage shall be placed under a customs procedure no later than 390 days after the notification of their arrival ~~or no later than 6 days after the notification of their arrival in the case of an authorised consignee as referred to in Article 116(4), point (b),~~unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extended.

Amendment 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 ~~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),~~60 days after the notification of their arrival unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extended.

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 390 days after the notification of their arrival ~~or no later than 6 days after the notification of their arrival in the case of an authorised consignee as referred to in Article 116(4), point (b)~~, unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extended.

Amendment 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

3. Goods to be taken out of the customs territory of the Union shall be subject, as appropriate, to the following: (a) the repayment or remission of import duty; (b) the payment of export refunds; (c) the formalities required under provisions in force with regard to other charges.deleted

Amendment 350 #

Proposal for a regulation
Article 99 – paragraph 5

5. The Commission shall specify by means of implementing acts, the procedure for refunding the VAT to natural persons not established in the Union as referred to in paragraph 3, point (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 262(4).deleted

Amendment 351 #

Virginie JORON, Jean-Lin LACAPELLE, Thierry MARIANI

Proposal for a regulation
Article 119 – paragraph 1

1. TOnce the functionalities of the EU Customs Data Hub laid down in Article 29 are fully operational, the operator of a customs warehouse or a free zone shall be required to provide or make available to the customs authorities the minimum data necessary for the application of the provisions governing the storage of the goods located therein, in particular the data referred to in Article 118(2), point (a), the customs status of the goods placed under the storage procedure and the subsequent movements of those goods.

Amendment 352 #

Proposal for a regulation
Article 147 – title

~~Non-preferential~~ Indication oforigin

Amendment 353 #

Virginie JORON, Jean-Lin LACAPELLE, Thierry MARIANI

Proposal for a regulation
Article 147 – paragraph 1

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, except for the measures referred to in Article 145(2), points (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.deleted

Amendment 354 #

Virginie JORON, Jean-Lin LACAPELLE, Thierry MARIANI

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 #

Virginie JORON, Jean-Lin LACAPELLE, Thierry MARIANI

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 #

Virginie JORON, Jean-Lin LACAPELLE, Thierry MARIANI

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 #

Virginie JORON, Jean-Lin LACAPELLE, Thierry MARIANI

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 #

Virginie JORON, Jean-Lin LACAPELLE, Thierry MARIANI

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 #

Virginie JORON, Jean-Lin LACAPELLE, Thierry MARIANI

Proposal for a regulation
Article 149 – paragraph 1

1. WThe~~re the importer has indicated anorigin of the goods pursuant to the customs legislation, the customs authorities may require a proofof origin of the goods~~ customs authorities may require a proof oforigin of the goods and may, in cases of reasonable doubt, require any additional evidence necessary to ensure that the indicationof origin complies with the rules laid down by the applicable Union legislation.

Amendment 360 #

Virginie JORON, Jean-Lin LACAPELLE, Thierry MARIANI

Proposal for a regulation
Article 149 – paragraph 2

2. Where a proof of origin of goods is provided pursuant to the customs legislation or other Union legislation governing specific fields, the customs authorities may, in the event of reasonable doubt, require any additional evidence needed in order to ensure that the indication of origin complies with the rules laid down by the relevant Union legislation.deleted

Amendment 361 #

Virginie JORON, Jean-Lin LACAPELLE, Thierry MARIANI

Proposal for a regulation
Article 149 – paragraph 3

3. Where the exigencies of trade so require, a document proving origin may be issued in the Union in accordance with the rules of origin in force in the country or territory of destination or any other method identifying the country where the goods were wholly obtained or underwent their last substantial transformation.deleted

Amendment 362 #

Proposal for a regulation
Article 150 – paragraph 10

10. ~~Where~~ Even ifthe importer has opted to apply the simplified tariff treatment for distance sales~~, the importer may not benefit from~~ the measures referred to in Article 145(2), points (d) and (e), or from non-tariff preferential measures apply.

Amendment 363 #

Proposal for a regulation
Article 150 – paragraph 10

10. ~~Where~~ Even ifthe importer has opted to apply the simplified tariff treatment for distance sales, ~~the importer may not benefit from~~ the measures referred to in Article 145(2), points (d) and (e), or from non-tariff preferential measures apply.

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 ~~may~~shall include risk management, collaborative and trade faciliation measures, ensuring the safe and efficient 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 across borders to, from and across the Customs territorry for the duration of such crisis , with a consistent and harmonised approach that shall cover in particular:

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 ~~be […]~~meet the following criteria: a. Excellent quality of IT facilities in terms of both maturity and continuity; b.Availability in proximity of high quality staff, expertise and education; c. Available facilities in the surroundings for adequate consulting.

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; in order for staff to require necessary skills for state-of-the-art equipment, technology for big data analytics and detection and controls

Amendment 380 #

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 including the content for the training referred to in article 25 paragraph 3 (e) which should be harmonised;

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

Article 210 Further tasks The EU Customs Authority may be assigned further tasks in the area of free movement, import and export of third country goods, if so provided by relevant Union legal acts. Where such tasks are assigned or entrusted to the EU Customs Authority, appropriate financial and human resources shall be ensured for their implementation.deleted

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

~~2. The Management Board shall also include one member designated by the European Parliament, without the right to vote.~~deleted

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 ~~may~~shall invite ~~any person whose opinion may be of interest to attend its meetings as an observer~~representatives of the industry designated by the advisory body as defined in Article 215, paragraph 1, point v a (new).

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

2. The decision referred to in Article 215(1), points (b), (c), (e), (f), (j), (m), (n), (o) and (s) may only be taken if the representatives of the Commission cast a positive vote. For the purposes of taking the decision referred to in Article 215(1), point (s), the consent of the representatives of the Commission shall only be required on the elements of the decision not related to the annual and multi-annual work programme of the EU Customs Authority.deleted

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 ~~may~~is responsible to investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in ~~Directive (EU) 2017/1371 of the European Parliament and of the Council77 . _________________ 77 Directive (EU) 2017/1371 of the European Parliamen~~that Regulation.Pursuant to Article 24 of Council Regulation (EU) 2017/1939, the Authority shall without aund ~~of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29)~~ue 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 .

Amendment 398 #

Proposal for a regulation
Article 228 – paragraph 6

6. In accordance with Regulation (EU) 2017/1939, EPPO ~~may~~is responsible for investigat~~e and~~ing, prosecut~~e fraud and other illegal activiti~~ing and bringing to judgment the perpetrators of and accomplices to, criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council77 . ,including offences regarding participation in a criminal organisation and inextricably linked offences, as provided for in Article 22 of that Regulation. _________________ 77 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).

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 byof OLAF and ~~EPPO and~~ national customs investigations, as well as the investigations by competent national EPPO or other competent nationalauthorities.

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 byof OLAF and ~~EPPO and~~ national customs investigations, as well as the criminal investigations of EPPO or other competent national authorities.

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 ~~may,~~shall without prejudice to the powers of the Commission and subject to its prior approval, conclude working arrangements with the authorities of third countries and international organisations. These arrangements shall not create legal obligations incumbent on the Union. They shall empower the EU Customs Authority to exchange information with third countries authorities, as well as best practices and conduct joint activities.

Amendment 409 #

Proposal for a regulation
Article 244 – paragraph 5

5. A Member State may be empowered in accordance with the procedures and conditions laid down in a delegated act adopted in accordance with paragraph 6 to enter into negotiations with a third country with a view to concluding a bilateral agreement on the exchange referred to in paragraph 1 or to maintain an existing agreement.Such a bilateral agreement will cease to apply upon the entry into force of an agreement providing for exchange of customs information between the Union and the third country concerned.deleted

Amendment 410 #

Proposal for a regulation
Article 244 – paragraph 6

~~6. The Commission is empowered to adopt a~~ delegated act in accordance with Article 261, to supplement this Regulation by determining the conditions and procedures according to which a Member State can be empowered to enter into negotiations referred to in paragraph 5. These shall include a notification by the Member State concerned to the Commission and all other Member States of the possible content of the bilateral agreement and an assessment by the Commission of its impact on Union law and future negotiations at Union level, including whether its content is limited to implementation of Union or international law obligations. The delegated act shall also provide for the monitoring of the implementation of those agreements.

Amendment 411 #

Virginie JORON, Jean-Lin LACAPELLE, Thierry MARIANI

Proposal for a regulation
Article 244 – paragraph 7

7. The Commission shall decide within 90 days from receipt of the notification, by means of an implementing act, whether to authorise the Member State to enter into the bilateral agreement. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 262(2). On imperative grounds of urgency relating to such authorisation, duly justified by the need to rapidly allow for the requested exchange of information, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 262(5).deleted

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, ~~they shall take at least one or several of the following forms, while ensuring that~~each Member State shall provide for sanctions that are effective, proportionate and dissuasive and taking into account extenuating and mitigating circumstances referred to in Article 247 and aggravating circumstances referred to in Article 248:

Amendment 418 #

Proposal for a regulation
Article 254 – paragraph 1 – point a

(a) a pecuniary charge by the customs authorities, including, where appropriate, a settlement applied in place of a criminal penalty and calculated on the following minimum amounts or percentages: (i) where the customs infringement has an impact on customs duties and other charges, the pecuniary charge shall be calculated based on the amount of customs duties and other charges eluded, as follows: (1) where the customs infringement has been committed intentionally, the pecuniary charge shall comprise an amount equal to between 100% and 200% of the amount of customs duties and other charges eluded; (2) in other cases, the pecuniary charge shall comprise an amount equal to between 30% and 100% of the amount of customs duties and other charges eluded; (ii) where it is not possible to calculate the pecuniary charge in accordance with point (i), the pecuniary charge shall be calculated based on the customs value of the goods, as follows: (1) where the customs infringement has been committed intentionally, the pecuniary charge shall comprise an amount equal to between 100% and 200% of the amount of the customs value of the goods; (2) in other cases, the pecuniary charge shall comprise an amount equal to between 30% and 100% of the amount of the customs value of the goods; (iii) where the customs infringement is not related to specific goods, the pecuniary charge shall comprise an amount equal to between EUR 150 and EUR 150 000;deleted

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 ~~Member States~~European Parliament and Council for information.

Amendment 423 #

Proposal for a regulation
Article 258 – paragraph 1 – subparagraph 1

By ... [OP please insert the date = 53years after the entry into force] and every 5 years thereafter, the Commission shall carry out an evaluation of this Regulation in light of the objectives that it pursues and shall present a report thereon to the European Parliament, to the Council and to the European Economic and Social Committee.

Amendment 424 #

Proposal for a regulation
Article 265 – paragraph 2 – introductory part

2. The following provisions shall apply from ~~1 March 2028~~from the day this regulation enters into force:

Amendment 425 #

Proposal for a regulation
Article 265 – paragraph 2 – introductory part

2. The following provisions shall apply from ~~1 March 2028~~the day this regulation enters into force:

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 20372.

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 20372.

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 20329.

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

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 20351, the Commission shall publish and present a report to the European Parliament and to the Council to assess, in particular:

Amendment 434 #

Proposal for a regulation
Article 265 – paragraph 7 – introductory part

7. By 31 December 203529, the Commission shall present a report to the European Parliament and to the Council to assess, in particular:

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 ~~(for example the World Customs Organisation for facilitating practical cross fertilisation on specific subjects)~~. Furthermore, the geographical spread of EU institutions, bodies and agencies should be taken into consideration. Considering these criteria, the EU Customs Authority should be located at […].

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 ~~and~~, the Commission and the European Parliament 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 and integrity. 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 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~~, the EU Customs Authority~~ and support its efforts towards a better coordination between national customs authorities, the EU Customs Authority should be provided with the necessary financial and human resources. For this purpose, it should be granted an autonomous budget, with revenue coming from the general budget of the Union and complemented by any voluntary financial contribution from the Member States, providing it does not jeopardise the independence of the Authority. In exceptional and duly justified circumstances, the EU Customs Authority should also be in the position to receive additional revenues through contribution agreements or grant agreements, and charges for publications and any other service provided by the EU Customs Authority.

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 ~~aim to achiev~~ensure a gender- balanced representation on the Management Board.

Amendment 38 #

Proposal for a regulation
Article 212 – paragraph 4

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 ~~its~~and make publicly available the rules of procedure;

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 on grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of at least three candidates proposed by the Commission, following an open and transparent selectionin accordance with the following procedure.:

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)

Amendment 50 #

Proposal for a regulation
Article 218 – paragraph 3

3. The Management Board, acting on a proposal from the Commission ~~which~~that takes into account the assessment referred to in paragraph 24, may extend the term of office of the Executive Director once, for no more than ~~5 year~~five years. The Management Board shall inform the European Parliament and the Council about its intention to extend the Executive Director's mandate. Before the Management Board takes its decision to extend the mandate, the Executive Director may be asked to make a declaration before the competent committee of the European Parliament and answer questions.

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 ~~a local~~ offices in another Member States for the purposes of carrying out the EU Customs Authority's tasks in a more, efficient, effective and coherent manner.

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, ~~and~~ potential risks, support the Commission in gathering relevant data regarding the levels of expenditure incurred by national customs authorities to ensure their functioning, and provide recommendations for improvement to the Commission.

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 148 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 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 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 129 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

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

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 reassess the ~~existing authorisations for AEO for customs simplifications until the end of the transition period~~process for AEO to become Trust and Check operators until the end of the transition period, and to introduce dedicated guidelines for SMEs.

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 ~~for additional purposes only to the minimum extent necessar~~proportionally.

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~~quest~~ceive access to the data in the EU Customs Data Hub. To preserve the functions that are performed in Member States’ national IT systems, the tax authorities of the Member States should either obtain the possibility to process data directly within the EU Customs Data Hub or to extract data from the EU Customs Data Hub and process it through different means. As such, authorities responsible for food safety in accordance with Regulation Regulation (EU) 2017/625 of the European Parliament and of the Council49 and the authorities responsible for market surveillance in accordance with Regulation (EU) 2019/1020 should be provided with the right services and tools in the EU Customs Data Hub so that they can use the relevant customs data to contribute to enforcing the relevant Union legislation and for cooperating with customs authorities to minimise the risks that non- compliant products enter the Union. It is appropriate that Europol has access upon request to data in the EU Customs Data Hub to be able to perform its tasks as specified in Regulation (EU) 2016/794 of the European Parliament and of the Council50 . All other Union and national bodies and authorities, including the European Border and Coast Guard Agency (Frontex), should have access to non- personal data contained in the EU Customs Data Hub. _________________ 47 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 48 Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82, 22.3.1997, p. 1). 49 Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)(OJ L 95, 7.4.2017, p. 1). 50 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

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 ~~remov~~increase the threshold under which goods of negligible value not exceeding EUR 15800 per consignment are exempted from customs duties at import in accordance with Council Regulation (EC) No 1186/200953 , and to introduce a simplified tariff treatment both for business-to-business and for distance sales of imported goods from third countries in accordance with Council Regulation (EEC) No 2658/8754 (Combined Nomenclature). In light of these proposed amendments, certain rules of the Code on tariff classification, origin and customs value should be amended to provide for the simplifications applicable on a voluntary basis by the deemed importer when determining the customs duty in a business-to-consumer transaction qualifying as distance sales for VAT purposes. The simplifications should consist in the possibility to calculate the customs duty due by applying one of the new bucket tariffs in the Combined Nomenclature to a value calculated in a simpler way. Under the simplified rules for business-to-consumer e-commerce transactions, the net purchase price without VAT but including the total transport costs until the final destination of the product should be considered as the customs value and no origin should be required. However, if the deemed importer wishes to benefit from preferential tariff rates by proving the originating status of the goods, that person can do so by applying the standard procedures. _________________ 53 Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (OJ L 324, 10.12.2009, p. 23). 54 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

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 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. ~~A central operational Union layer to~~The enhanced operational collaboration in the Customs Eastern and South-Eastern Land Border Expert team (CELBET) has shown promising results, and the recently established European Ports Alliance aims at establishing a coordinated EU approach to the fight against drugs trafficking via maritime ports. A central operational Union layer could provide the organisational capacity and tools needed to amplify and build on such initiatives. It could pool expertise, and resources, and ~~take decisions together should~~enable joint decision-making to further address ~~such~~ weaknesses in areas such as data management, risk management and training ~~to make~~, enabling the customs union ‘to “act as one’” in dealing with common priorities and challenges. Therefore, it is appropriate that an EU Customs Authority is established. The creation of this new Authority is crucial to ensure the efficient and adequate functioning of the customs union, to centrally coordinate customs action and support the customs authorities’ activities.

Amendment 141 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

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 143 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Recital 56

(56) The Member States ~~and~~, the Commission and the European Parliament 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 an advisory body comprising representatives from consumer organizations and business associations.

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- 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.

Amendment 145 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

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 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

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 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

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 ~~limitation period for initiat~~partnership between customs and industry, particularly since the introduction of the Authorized Economic Operator (AEO), has demonstrated that, with few exceptions, companies are generally compliant. In light of this, in cases of labor errors, the initial focus should be on collaboratively improving the cbus~~toms infringement proceedings should be established in accordance with national law and should be between 5 and 10 years, so as to provide for a common rule based on~~iness process, rather than immediately resorting to punitive measures. Corrections to incorrect data in customs declarations must be facilitated to allow for easy rectification. Penalties and the withdrawal of authorizations should be considered as measures of last resort in response to infringements. Furthermore, the impact of penalties on the company must be proportionate, both in terms of the detected offense and its impact on the company. Penalties should be specifically related to duties and taxes actually foregone, excluding transitory items such as VAT. The limitation period for initiating customs infringement proceedings should be established in accordance with national law and should range between 5 and 10 years. This aligns with the time limitation for the notification of customs debt and provides a common rule. The competent jurisdiction should be the one where the infringement was committed. Cooperation between Member States is ~~necessary~~essential in cases where the customs infringement has ~~been committ~~occurred in more than one Member State~~; i~~. In such ~~cas~~instances, the Member State that first initiates the proceedings should cooperate with the other customs authorities concerned by the same customs infringement.

Amendment 149 #

Proposal for a regulation
Recital 65

(65) (65) The ~~performance of the customs union should be evaluated at least on an annual basis~~Commission should at least annually evaluate the performance of the customs union to allow the Commission, with the help of the Member States, to tmake the appropriate policy ~~orientation~~changes. 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.

Amendment 150 #

Emmanuel MAUREL

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 152 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

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 ~~for distance sales~~ and deemed importer should apply from 1 January 2028.

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 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

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 156 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

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 158 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

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 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. through robust real –time risk analysis enabled by the EU Customs Data Hub artificial intelligence capabilities as defined in Article 29 (1) (d);

Amendment 161 #

Proposal for a regulation
Article 2 – paragraph 2 – point e

(e) ~~support~~ensuring legitimate business activity, by maintaining a proper balance between customs controls and facilitation of legitimate trade and simplifying customs processes and procedures.

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 ~~who i~~including persons authorised to use the special scheme laid down in Title XII, Chapter 6, Section 4 of Directive 2006/112/EC;

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

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 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 170 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

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 172 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

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 174 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

Amendment 175 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1

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 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

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 179 #

Proposal for a regulation
Article 25 – paragraph 1

1. An ~~importer or exporte~~economic operator, 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 180 #

Proposal for a regulation
Article 25 – paragraph 1

1. An ~~importer or exporter,~~economic operator 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 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 hareceived and accssess toed the relevant data of the applicant for the last 3 years in order to assess compliance with the criteria in paragraph 3.

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 ~~and~~, health and and environemental norms, access controls, logistical processes and handling of specific types of goods, personnel and identification of his or her business partners;

Amendment 184 #

Proposal for a regulation
Article 25 – paragraph 3 – point f – introductory part

(f) having an electronic system ~~providing or making available~~sending to the customs authorities ~~real-time~~ all data on the movement of the goods and the compliance of the person referred to in paragraph 1 with all requirements applicable on those goods, including relating to safety and security and including where relevant sharing in the EU Customs Data Hub:

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 ~~real-time~~ all data on the movement of the goods and the compliance of the person referred to in paragraph 1 with all requirements applicable on those goods, including relating to safety and security and including where relevant sharing in the EU Customs Data Hub:

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 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. ~~Until the date established in Article 265(4), t~~The customs authorities ~~may~~shall grant persons meeting the criteria the status of authorised economic operator for customs simplifications and authorise them to benefit from certain simplifications and facilitations in accordance with the customs legislation during the phase out of the current system. Dedicated guidelines should be put in place for SMEs.

Amendment 190 #

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. If they may not, the status of authorised economic operators for customs simplifications and the simplifications referred to in Article 23(5) shall be revoked.deleted

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 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 3

Amendment 193 #

Proposal for a regulation
Article 29 – paragraph 1 – point a

(a) ~~allow for~~ensure the electronic implementation of customs legislation;

Amendment 194 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

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 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 29 – paragraph 1 – point d

(d) ~~enabl~~provide risk analysis, economic analysis and data analysis, including through the use of artificial intelligence systems in accordance with [the Artificial Intelligence Act 2021/0106 (COD)]65 and data mining techniques and tools ; _________________ 65 Regulation (EU) …./.. of the European Parliament and of the Council (OJ L…,../../…., p..). [OJ: Please insert in the text the number of the Regulation contained in document COM(2021) 206 final, 2021/0106(COD)) and insert the number, date, title and OJ reference of that Directive in the footnote.]

Amendment 196 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 29 – paragraph 1 – point e

(e) en~~abl~~sure the interoperability of those services and systems with other electronic systems, platforms or environments for the purpose of cooperation in accordance with Title XIII;

Amendment 197 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 29 – paragraph 1 – point f

(f) ~~integr~~coordinate the Efur~~opean Union Single Window Certificates Exchange System established by Article 4 of Regulation (EU) 2022/2399~~ther integration of artificial intelligence into customs systems while preserving ethical standards at every stage of the process;

Amendment 198 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

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 200 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 30 – paragraph 1

1. ~~Member States may~~The EU Customs Authority shall develop the applications necessary for Member States to connect to the EU Customs Data Hub in order to provide data to and process data from the EU Customs Data Hub.

Amendment 201 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 30 – paragraph 1

1. Member States ~~may~~shall develop applications ~~necessary~~ to connect to the EU Customs Data Hub in order to provide data to and process data from the EU Customs Data Hub.

Amendment 202 #

Proposal for a regulation
Article 30 – paragraph 2

~~2. Member States may request the EU Customs Authority to develop the applications referred to in paragraph 1. In that case, those Member States shall finance the development.~~deleted

Amendment 203 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 30 – paragraph 3

3. Where the EU Customs Authority develops an application in accordance with paragraph 21, it shall coordinate with and make it available to all Member States.

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 206 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

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 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 210 #

Proposal for a regulation
Article 31 – paragraph 6

6. The European Public Prosecutor’s Office (‘EPPO’) may~~, upon request, access data,~~ access and 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 tasks pursuant to Article 4 of Council Regulation (EU) 2017/193966 , insofar as the conduct investigated by EPPO concerns customs and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article. _________________ 66 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

Amendment 211 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

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 213 #

Raphaël GLUCKSMANN

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 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

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 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

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 217 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 31 – paragraph 14 – subparagraph 1 – point d

(d) ~~consider the need for~~request the authority concerned to designate a specific contact point, person or persons or to provide additional safeguards;

Amendment 218 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

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 ~~may~~shall establish common priority control areas and common risk criteria and standards for any type of risk, including but not limited to risks relating to financial interests.

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.

Amendment 221 #

Proposal for a regulation
Article 76 – paragraph 1

1. Where the customs authorities have reasonable grounds for so doing, they may require goods which have been presented to them to be recycled, donated or destroyed and shall inform the importer, exporter and the holder of the goods accordingly. The costs of the destruction shall be borne by the importer or the exporter.

Amendment 222 #

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 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. More data may be requested for entry purposes by the customs authorities or the EU Customs Authority.

Amendment 223 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

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 data on the route, including the final destination, 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 224 #

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 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)90 days follwing their presentation to customs, unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extended.

Amendment 225 #

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 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)90 days following their presentation to customs, unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extended.

Amendment 226 #

Proposal for a regulation
Article 88 – paragraph 3 – point a

(a) the required data has been provided or made available to customs authorities~~, which~~ and none of this data has been determined by the customs authorities to be incorrect. The required data must include at least the importer responsible for the goods, the seller, the buyer, the manufacturer, the product supplier where this is different from the manufacturer, the responsible economic operator in the Union pursuant to Article 4 of Regulation (EU) 2019/1020 and Art. 16 of Regulation of the European Parliament and of the Council (EU) 2023/XXXX69 , the value, the origin, the tariff classification and a description of the goods, the unique reference of the consignment and its location, and the list of relevant other legislation applied by the customs authorities; _________________ 69 Regulation of the European Parliament and of the Council (EU) No 2023/… of ../../2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council, and repealing Council Directive 87/357/EEC and Directive 2001/95/EC of the European Parliament and of the Council (OJ L… ).

Amendment 227 #

Proposal for a regulation
Article 149 – paragraph 4

4. Where the importer has opted to apply the simplified tariff treatment ~~for distance sales~~ as referred to in Article 156(2), the customs authorities shall not require the importer to prove the origin of the goods.

Amendment 228 #

Proposal for a regulation
Article 150 – paragraph 10

10. Where the importer has opted to apply the simplified tariff treatment ~~for distance sales~~, the importer may not benefit from the measures referred to in Article 145(2), points (d) and (e), or from non-tariff preferential measures.

Amendment 229 #

Proposal for a regulation
Article 151 a (new)

Article 151a 1. Where the customs authorities receive a goods originating in an occupied territory or have reasonable doubts as to the authenticity of the origin, they will refuse the release of the goods and the destruction of the goods will be conducted as per Article 76. They shall record that information in the EU Customs Data Hub. 2. The Commission is empowered to adopt delegated acts, in accordance with Article 261, to supplement this Regulation by determining the working arrangements between the concerned authorities, including the competent authorities of the third countries when needed, to deal with goods originating in an occupied territory; and by ensuring the proper utilization of the TARIC code in that regard.

Amendment 230 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 156 – paragraph 2

2. Where the importer has opted to apply the simplified tariff treatment ~~for distance sales~~, Article 155(1), point (a), shall not apply and both the costs of transport of the imported goods up to the place where goods are brought into the customs territory of the Union and the costs of transport after their entry into that territory, shall be included in the customs value.

Amendment 231 #

Proposal for a regulation
Article 207 – paragraph 2 – point a

(a) the EU Customs Authority shall contribute to the operational management of the customs union, and thereby coordinate and supervise operational cooperation between customs authorities and pool and provide technical expertise and provide guidance in best practices to increase efficiency and delivery of results;

Amendment 232 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 207 – paragraph 2 – point d a (new)

(d a) (e) The EU Customs Authority shall actively contribute to the effective performance by customs authorities of their mission 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, as defined in article 2(e).In this aim, the EU Customs Authority shall be responsible for ensuring: (i) the security and cyber resilience of the EU Customs Data Hub as detailed in Article 29 (1); (ii) robust risk, economic and data analysis enabled by the EU Customs Data Hub capabilities, including artificial intelligence as defined in Article 29 (1)(d); (iii) the provision to trusted traders, including customs agents and/or transport operators, of 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(67); § Orange for “shipment at risk to be assessed before release in the internal market”, as defined in Article 5 (68); § Red for “incompliant shipment” to be denied for pick up at origin as defined in Article 5 (69); Such use of color codes shall be focused on preventing at the earliest stage possible the entry into the Union’s Internal Market of suspected or confirmed incompliant shipments.The color code technical arrangements shall be detailed by way of an implementing act. (iv) the avoidance of the duplication of data requirements on economic operators; (v) the minimization of the administrative burden and responsibilities of legitimate operators established in the Union, particularly as it relates to non-financial data reporting, including through measures providing for the direct submission of non-financial data requirements by importers and exporters at origin, and (vi) the issuance on a yearly basis of recommendations to improve customs facilitation and to ensure a fair and balanced level of liability for legitimate operators established in the territory of the Union;

Amendment 233 #

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) performing robust 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) avoiding duplication of data requirements on economic operators,(iv) minimizing the administrative burden and responsibilities of legitimate operators established in the Union with regards to data reporting, including through measures providing for the direct submission of non-financial data requirements by importers and exporters at origin; and(v) 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 234 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 208 – paragraph 3 – point a a (new)

(a a) prepare guidelines and manuals for SMEs to facilitate understanding on customs procedures;

Amendment 235 #

Proposal for a regulation
Article 208 – paragraph 3 – point g b (new)

(g b) ensure the emission of simplified guidelines and manuals for SMEs and support their familiarisation with customs legislation and formalities and ensure that no unnecessary burdens on SMEs are added in the EU legislative process;

Amendment 236 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 208 – paragraph 3 – point i a (new)

(i a) to support the Commission in providing guidance on the application of the Customs Code to goods originating in occupied territories;

Amendment 237 #

Proposal for a regulation
Article 211 – paragraph 1 – point d a (new)

(d a) a Customs Advisory Board who shall exercise the functions set out in Article 221 a(new)

Amendment 238 #

Proposal for a regulation
Article 211 – paragraph 1 – subparagraph 1 (new)

(e) an advisory body who shall exercise the functions set out in Article 212 (bis);

Amendment 239 #

Proposal for a regulation
Article 211 – paragraph 1 – point d a (new)

(d a) (e) an advisory body who shall exercise the functions set out in Article 215;

Amendment 240 #

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, and one member designated by the European Parliament, all with voting rights.

Amendment 241 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 212 – paragraph 2

~~2. The Management Board shall also include one member designated by the European Parliament, without the right to vote.~~deleted

Amendment 242 #

Proposal for a regulation
Article 212 – paragraph 2

2. The Management Board shall also include ~~one~~two members designated by the European Parliament, with~~out~~ the right to vote.

Amendment 243 #

Proposal for a regulation
Article 212 – paragraph 5

5. The term of office for members and their alternates shall be 4 years. That term shall be extendable one time.

Amendment 244 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 212 – paragraph 5 – subparagraph 1 (new)

6. The advisory body referred to in Article 215- 1 (w) shall appoint four of its members to participate with observer status in the Management Board. They shall represent, as broadly as possible, the different views represented in the advisory body.

Amendment 245 #

Proposal for a regulation
Article 212 – paragraph 5 a (new)

5 a. The Customs Advisory Board referred to in Article 211- (e) ( new) shall appoint four of its members 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 246 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 214 – paragraph 4

4. The Management Board ~~may~~shall invite any person whose opinion may be of interest to attend its meetings as an observer., namely representatives designated to the Customs Advisory Board as defined in Article Article 215 – paragraph 1 – point v a (new)

Amendment 247 #

Proposal for a regulation
Article 214 – paragraph 4

4. The Management Board ~~may~~shall invite ~~any person whose opinion may be of interest to at~~representatives of the industry designatend ~~its meetings as an observer.~~by the advisory body as defined in Article 215-1-(w);

Amendment 248 #

Proposal for a regulation
Article 215 – paragraph 1 – point p a (new)

(p a) The Management Board shall establish and adopt rules of procedure for an advisory body with the aim of representing the full range of interested parties affected by the work of the EU Customs Authority, including business representatives, which it shall regularly consult prior to making decisions;

Amendment 249 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 215 – paragraph 1 – subparagraph 1 (new)

(w) The Management Board shall establish an advisory body representing the full range of interested parties affected by the work of the EU Customs Authority established in the Union, which it shall consult prior to making decisions. These interested parties shall include customs agents established in the EU. The Management Board shall not, in any case, be bound by the opinion of the advisory body;

Amendment 250 #

Proposal for a regulation
Article 215 – paragraph 1 – point v a (new)

(v a) Participation of Third Counties Representtaives as observers in the Customs Advisory Board may be possible when conditions for such participation are established in EU Agreemnts and when reciprocity is met.

Amendment 251 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 216 – paragraph 2 a (new)

2 a. The decision referred to in Article 215(1), points (b), (c), (d), (f), (j), (m), (o) and (s) may only be taken if the representatives of the European Parliament cast a positive vote.

Amendment 252 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

Proposal for a regulation
Article 221 – paragraph 1 a (new)

The Customs Advisory Board Article 221a Customs Advisory Board 1.A Customs Advisory Board is established to assist the Executive Board and the EU Customs Autority. 2.The Customs Advisory Board is tasked to: (a) give input on the customs dimensions of other legislation; (b) send early warnings in case they have a substantiated concern to suspect that that a certain goods imported in the EU products is likely to infringe customs legislation or other legislation. 3.The Customs Advisory Board (CAB) shall be composed of at least seven representatives of civil society organisations, including at least one-pan European consumer organisation, two employers and two employee's federation, a pan-European trade union and at least one SMEs employer's organization.The CAB adopts its rules of procedure 6 months after the appointment of its members.The Commission will ensure the secretariat.The CAB takes its decisions on a consensual basis.The mandate of the members shall be 4 years and shall be renewable. 4.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. 5.The Customs Advisory Board shall exchange information in-between the ordinary meeting. 6. Domestic Advisory Groups (DAG) established under FTAs shall provide input relevant for early warnings on illegal trade or other risks of circumvention of existing EU legislation. The information by DAGs may be provided up to two weeks prior to the ordinary meeting of the CAB through the specific platform in the data hub.

Amendment 253 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

Proposal for a regulation
Article 247 – paragraph 1

1. 1. Whenre the person responsible for an act or an omission which has result~~ing~~ed in a customs infringement ~~referred to in Article 252 provides the evidence that that person acted in good faith, it is taken into account in determining the sanction referred to in Article 254~~within the meaning of Article 252 proves that he acted in good faith good faith, this shall be taken into account when determining the penalty referred to in Article 254. referred to in Article 254. Priority shall be given to improving the company's processes in partnership in order to prevent errors before any sanction is imposed. (2) When reducing the sanction to be imposed for the customs offence, the following circumstances the following circumstances shall be taken into account: (a) the goods in question are not subject to the other legislation applied by the customs authorities applied by the customs authorities; (b) the customs offence does not have a significant impact on the determination of the amount of amount of customs duties and other charges to be paid; (c) the person responsible for the infringement co- operates effectively with with the customs authority; (d) the previous experience with the economic operator; (e) the complexity of the underlying transaction, the number of similar transactions; (f) the clarity of the provisions to be complied with; (g) the rectification of incomplete or erroneous information by subsequent data transmission.

Amendment 254 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

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 Commission, Member States and the EU Customs Authority sahll exchange best practices and methodologies to improve the effectiveness of the sanctions. The Commission shall assess whether the santions as applied by Member States are sufficient to achieve its objectives.

Amendment 255 #

Proposal for a regulation
Article 254 – paragraph 1 – introductory part

Non-criminal sanctions shall only be imposed if deemed necessary after considering all circumstances. Priority must be given to preventing future errors. Where sanctions to customs infringements referred to in Article 252 are applied, they shall take at least one or several of the following forms, while ensuring that sanctions are effective, proportionate and dissuasive and taking into account extenuating and mitigating circumstances referred to in Article 247 and aggravating circumstances referred to in Article 248:

Amendment 256 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

Proposal for a regulation
Article 254 – paragraph 1 – point a – point i – point 1

(1) ~~where the customs~~(1) For an infringement ~~has been~~ committed "intentionally," — defined as an act undertaken with knowledge and deliberate intent to evade customs duties — the pecuniary charge shall comprise an amount equal to between 100% and 200% of the de facto amount of customs duties and other charges eluded;.

Amendment 257 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

Proposal for a regulation
Article 254 – paragraph 1 – point a – point i – point 2

(2) (2) in other cases, the pecuniary charge shall comprise an amount equal to between 310% and 1020% of the actual amount of customs duties and other charges eluded; (ii) where it is not possible to calculate the pecuniary charge in accordance with point (i), the pecuniary charge shall be calculated based on the customs value of the goods, as follows:

Amendment 258 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

Proposal for a regulation
Article 254 – paragraph 1 – point a – point ii – point 1

(1) where the customs infringement has been committed intentionally, the pecuniary charge shall comprise an amount equal to between 100% and 200% of the actual amount of the customs value of the goods;

Amendment 259 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

Proposal for a regulation
Article 254 – paragraph 1 – point a – point ii – point 2

(2) in other cases, the pecuniary charge shall comprise an amount equal to between 30% and 100% of the actual amount of the customs value of the goods;

Amendment 260 #

Bernd LANGE, Inma RODRÍGUEZ-PIÑERO, Margarida MARQUES

Proposal for a regulation
Article 254 – paragraph 1 – point a – point iii

(iii) where the customs infringement is not related to specific goods, the pecuniary charge shall comprise an amount equal to between EUR 150 and EUR ~~150~~ 20.000;

Amendment 261 #

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 6% of the importer’s total value of their imports into the EU in the preceding financial year;

Amendment 262 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

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.

Amendment 263 #

Proposal for a regulation
Article 256 – paragraph 4

4. The Commission shall verify the report and transmit it afterwards to the ~~Member States~~European Parliament and Council for information.

Amendment 264 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 258 – paragraph 1 – subparagraph 2 – point b a (new)

(b a) An assessment of the feasibility of Trust & Check status for small and medium-sized enterprises (SMEs), including, where appropriate, an analysis of the implications for appropriate certification criteria ;

Amendment 265 #

Proposal for a regulation
Article 265 – paragraph 1

1. Articles 205 to 237 shall apply from 1 January 20286.

Amendment 266 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 265 – paragraph 2 – introductory part

2. The following provisions shall apply from 1 March 20286:

Amendment 267 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

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 20327.

Amendment 268 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

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 20328.

Amendment 269 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 265 – paragraph 5

5. The customs authorities shall reassess the authorisations granted pursuant to Regulation (EU) No 952/2013 from 1 January 20352 to 31 December 20375.

Amendment 270 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 265 – paragraph 6

6. Before 31 December 20276, 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.

Amendment 271 #

Margarida MARQUES, Bernd LANGE, Inma RODRÍGUEZ-PIÑERO

Proposal for a regulation
Article 265 – paragraph 7 – introductory part

7. By 31 December 20352, the Commission shall present a report to the European Parliament and to the Council to assess, in particular:

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2023/12/16 CONT 84 amendments...

Amendment 100 #

Proposal for a regulation
Article 218 – paragraph 1 – subparagraph 2 – point a (new)

(a) The Commission will create and publish a shortlist of candidates, inviting them to participate in a transparent selection process. Candidates will be required to present themselves to the European Parliament and the Council's competent committee and respond to inquiries.

Amendment 101 #

Proposal for a regulation
Article 218 – paragraph 1 – subparagraph 2 – point b (new)

(b) Following this, the European Parliament and the Council will express their opinions and preferences.

Amendment 102 #

Proposal for a regulation
Article 218 – paragraph 1 – subparagraph 2 – point c (new)

(c) The Management Board, in the process of appointing the Executive Director, will duly consider and take into account the opinions expressed by the European Parliament and the Council.

Amendment 103 #

Proposal for a regulation
Article 218 – paragraph 3

3. The Management Board, acting on a proposal from the Commission which takes into account the assessment referred to in paragraph 2, may extend the term of office of the Executive Director once for no more than 5 years. The Management Board shall inform the European Parliament and the Council about its intention to extend the Executive Director's mandate. Before the Management Board takes its decision to extend the mandate, the Executive Director may be asked to make a declaration before the competent committee of the European Parliament and answer questions.

Amendment 104 #

Proposal for a regulation
Article 218 – paragraph 5 a (new)

5 a. The European Parliament and the Council shall be informed of the reasons.

Amendment 105 #

Proposal for a regulation
Article 219 – paragraph 3

Amendment 106 #

Proposal for a regulation
Article 228 – paragraph 6

6. In accordance with Regulation (EU) 2017/1939, the EPPO ~~may~~is responsible for investigateing and prosecuteing fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council77. _________________ 77 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29). Pursuant to Article 24 of Council Regulation (EU) 2017/1939, the Authority 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.

Amendment 107 #

Proposal for a regulation
Article 236 – paragraph 3 a (new)

3a. The Authority's liability indicated in paragraph 3 also applies to damages resulting from the administration of data placed in the central database and exchanged - via the database or by the Authority - with other entities;

Amendment 108 #

Proposal for a regulation
Article 237 – paragraph 2 a (new)

2a. All costs incurred by a Member State in ensuring the conditions set out in paragraphs 1 and 2 shall fall within the budget of the Authority and shall be financed by the EU budget, in accordance with Article 225, paragraph 3, point c.

Amendment 109 #

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 legislation and send a notification to that effect 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 110 #

Proposal for a regulation
Article 240 – paragraph 2 – point d a (new)

(da) the exchange of skills and best practices through joint training courses 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 111 #

Proposal for a regulation
Article 243 – paragraph 1

The EU Customs Authority may, without prejudice to the powers of the Commission and subject to its prior approval, conclude working arrangements with the authorities of third countries and international organisations. These arrangements shall not create legal obligations incumbent on the Union. They shall empower the EU Customs Authority to exchange information with the authorities of third countries, as well as best practices, and to conduct joint activities.

Amendment 112 #

Proposal for a regulation
Article 252 – paragraph 1 – point g a (new)

(ga) failure to comply with importer and deemed importer obligations in accordance with Articles 20 and 21.

Amendment 113 #

Proposal for a regulation
Article 254 – paragraph 1 – point a – point iii a (new)

(iiia) 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 114 #

Proposal for a regulation
Article 258 – paragraph 1 – subparagraph 2 – point b a (new)

(ba) an overview of the costs incurred by the Union on the one hand and the Member States on the other hand for the implementation of the Regulation including in comparison with the costs incurred at the date of entry into force of the Regulation;

Amendment 115 #

Proposal for a regulation
Article 265 – paragraph 2 – introductory part

2. The following provisions shall apply from ~~1 March 2028~~the day this Regulation enters into force:

Amendment 116 #

Proposal for a regulation
Article 265 – paragraph 6

Amendment 117 #

Proposal for a regulation
Article 265 – paragraph 7 – introductory part

7. By 31 December 2035, the Commission shall p~~resent a repor~~ublish and present to the European Parliament and to the Council a report to assess, in particular:

Amendment 34 #

Proposal for a regulation
Recital 4 a (new)

(4a) Due to the establishment of the new Authority, the costs incurred by the EU budget and the Member States for the collection of customs duties should be closely monitored. In particular, it is necessary to make preliminary estimates (and then detailed calculations) of how the establishment and functioning of the new Authority affects customs revenues and the costs of their collection.

Amendment 35 #

Proposal for a regulation
Recital 4 b (new)

(4 b) 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. Furthermore, the geographical spread of EU institutions, bodies and agencies should be taken into consideration.

Amendment 36 #

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 importer’ provision is a statutory fiction created for the purposes 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 underlying 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 checkout to be able to ensure the correct tax treatment (payment and reporting obligations) of the transaction. 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. _________________ 43 Council Implementing Regulation (EU) No 282/2011 of 15 March 2011 laying down implementing measures for Directive 2006/112/EC on the common system of value added tax (OJ L 77, 23.3.2011, p. 1).

Amendment 37 #

(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. In line with the approach set out in Regulation (EU) …/… of the European Parliament and of the Council45 and the European Interoperability Framework46, the EU Customs Data Hub should foster cross- border and cross-sector interoperability in Europe. It should exploit the potential of existing sources of risk information available at Union level, such as the rapid alert systems for food and feed (RASFF) and for non-food products (SafetRelevant customs data should involve targeted primary Gdat~~e), the Information and Communication System for Market Surveillance (ICSMS), the IP Enforcement Portal. It s~~a collection from data hould underpin the development of strategic and operational cooperation, including information exchange and interoperability, between customs and other authorities, bodies and services, within their respective competences. Moreover, the EU Customs Data Hub should provide a wide range of advanced data analytics, also including through the use of artificial intelligence. That data analysis should be an enabler for risk analysis, economic analysis, and predictive analysis to anticipate possible risks with consignments coming to or moving from, the Union. To ensure better supervision of trade flows and a streamlined way of collaboration with authorities other than customs, the EU Customs Data Hub should be capable of making use of the framework of collaboration of the EU Single Window Environment for Customs and, where that framework cannot be used, offer those authorities a specific service through they can obtain the relevant data, provide and share information to the customs authorities and make sure that the sectorial requirements are complied with. This would be necessary in case the other authorities would not have an electronic system that could be federated with the EU Customs Data Hub. _________________ 45 [OJ: Please insert in the text the number of the Regulation contained in document COM/2022/720 final – 2022/0379 (COD) and insert the number, date, title and OJ reference in this footnote.] Regulation (EU) ../.... of the European Parliament and of the Council laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act) [COM/2022/720 final – 2022/0379 (COD)] (OJ L ..., .....2023, p. .). 46 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the committee of the regions European Interoperability Framework – Implementation Strategy (COM/2017/0134 finalers who have control over information which can be used to validate declarations (manufacturers, shippers, agents, e- commerce platforms and payment service providers). These 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 38 #

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 remove the threshold under which goods of negligible value not exceeding EUR 150 per consignment are exempted from customs duties at import in accordance with Council Regulation (EC) No 1186/200953, and to introduce a simplified tariff treatment for distance sales of imported goods from third countries in accordance with Council Regulation (EEC) No 2658/87 (Combined Nomenclature). In light of these proposed amendments, cCertain rules of the Code on tariff classification, origin and customs value should be amended to provide for the simplifications applicable on a voluntary basis by the deemed importer when determining the customs duty in a business-to-consumer transaction qualifying as distance sales for VAT purposes. The simplifications should consist in the possibility to calculate the customs duty due by applying one of the new bucket tariffs in the Combined Nomenclature to a value calculated in a simpler way. Under the simplified rules for business-to-consumer e-commerce transactions, the net purchase price without VAT but including the total transport costs until the final destination of the product should be considered as the customs value and no origin should be required. However, if the deemed importer wishes to benefit from preferential tariff rates by proving the originating status of the goods, that person can do so by applying the standard procedures. _________________ 53 Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (OJ L 324, 10.12.2009, p. 23). 54 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

Amendment 39 #

Proposal for a regulation
Recital 56

(56) The Member States ~~and~~, the Commission and the European Parliament 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.

Amendment 40 #

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 41 #

Proposal for a regulation
Article 5 – paragraph 1 – point 13

Amendment 42 #

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~~ies~~y to specific goods under the customs legislation in force;

Amendment 43 #

Proposal for a regulation
Article 5 – paragraph 1 – point 64 a (new)

(64a) ‘shipment not at risk’ means a shipment that has been assessed by the EU Customs Data Hub as not presenting a customs risk; as such, it is colour-coded ‘green’.

Amendment 44 #

Proposal for a regulation
Article 5 – paragraph 1 – point 64 b (new)

(64b) ‘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 45 #

Proposal for a regulation
Article 5 – paragraph 1 – point 64 c (new)

(64c) ‘non-compliant shipment’ means a shipment that does not comply with EU rules, to be refused for collection at origin and/or refused for release in the internal market.

Amendment 46 #

Proposal for a regulation
Article 5 – paragraph 1 – point 64 d (new)

(64d) ‘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. These 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 47 #

Proposal for a regulation
Article 5 – paragraph 1 – point 64 e (new)

(64e) ‘other charges’ means any fees levied in addition to custom duties, VAT, customs formalities fees and courier fees;

Amendment 48 #

Proposal for a regulation
Article 5 – paragraph 1 – point 64 f (new)

(64f) ‘end customer’ means any natural or legal person residing or established in the Union, to whom a product has been made available by a seller or marketplace;

Amendment 49 #

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

Amendment 50 #

Amendment 51 #

Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2

Where the customs authorities ~~are unable to comply~~fail to take a decision within the time- limit ~~for taking a decision, they shall inform the applicant of that fact befo~~s established in the first, second and third subparagraphs, the request shall be considered t~~he expiry of that time- limit, stating the reasons and indicating the further period of time which~~o be denied, and the applicant may appeal such a negative decision. The applicant may inform the EU Customs Authority that they c~~onsider necessary in order to take a decision. Except where otherwise provided, that further period of time shall not exceed 30 calendar day~~ustoms authorities did not take a decision within the relevant time limits.

Amendment 52 #

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 European level.

Amendment 53 #

Proposal for a regulation
Article 18 – paragraph 2 – point a

~~(a) attendance, where requested, by customs staff outside official office hours or at premises other than customs premises;~~deleted

Amendment 54 #

Proposal for a regulation
Article 18 – paragraph 2 – point d

~~(d) exceptional control measures, where these are necessary due to the nature of the goods or to a potential risk.~~deleted

Amendment 55 #

Proposal for a regulation
Article 19 – paragraph 5

5. In specific well-justified cases, the customs authorities shall invalidate the registration.

Amendment 56 #

Proposal for a regulation
Article 25 – paragraph 2

Amendment 57 #

Proposal for a regulation
Article 25 – paragraph 3 – point c

Amendment 58 #

Proposal for a regulation
Article 25 – paragraph 3 – point e

(e) appropriate security, safety (including product safety) and compliance standards, adapted to the type and size of the activity carried out. The applicant shall be required to participate in 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 59 #

Proposal for a regulation
Article 25 – paragraph 5 – subparagraph 2

Amendment 60 #

Proposal for a regulation
Article 25 – paragraph 6 – subparagraph 1

Where a Trust and Check trader is ~~suspected of~~ involve~~ment~~d in fraudulent activity in relation to its economic or business activity, ~~its status shall be suspended~~releasing non-compliant goods in the internal market, its status shall be suspended. This suspension shall be notified in the EU Customs Data Hub.

Amendment 61 #

Proposal for a regulation
Article 25 – paragraph 11 – subparagraph 1 – point b

~~(b) the modalities for the application of the criteria referred to in paragraph 3;~~deleted

Amendment 62 #

Proposal for a regulation
Article 29 – paragraph 1 – point b

(b) ensure the quality (as defined in Article 5(66)), integrity, traceability and non-repudiation of data processed therein, including the amendment of such data;

Amendment 63 #

Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 2

To ensure the effectiveness of customs controls, all customs authorities across the EU may receive and process the data resulting from a customs control where non-compliant goods have been detected.

Amendment 64 #

Proposal for a regulation
Article 31 – paragraph 3 – point c a (new)

(ca) to perform robust real-time risk analysis so as to minimise the responsibilities and liability of legitimate operators;

Amendment 65 #

Proposal for a regulation
Article 31 – paragraph 6

6. The European Public Prosecutor’s Office (‘EPPO’) ~~may, upon request,~~shall have unrestricted access to data, 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 tasks pursuant to~~. This access is granted for the fulfilment of EPPO's tasks as outlined in Article 4 of Council Regulation (EU) 2017/193966 , i~~nsofar as the conduct investigated by EPPO concerns customs and under the conditions determined in an implementing act adopted pursuant~~rrespective of the nature of the investigated conduct or its relation to customs. The conditions for EPPO's access shall be established solely by EPPO's discretion, without limitation, ensuring unimpeded access for EPPO to pcar~~agraph 14 of this Article~~ry out its investigative tasks. _________________ 66 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

Amendment 66 #

Proposal for a regulation
Article 31 – paragraph 6

6. The European Public Prosecutor’s Office (‘EPPO’) may~~, upon request, ac~~ directly access and process data, 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 tasks pursuant to Article 4 of Council Regulation (EU) 2017/193966~~, insofar as the conduct investigated by EPPO concerns customs and under the conditions determined in an implementing act adopted pursuant to paragraph 14 of this Article.~~ . _________________ 66 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

Amendment 67 #

Proposal for a regulation
Article 31 – paragraph 14 – subparagraph 2 a (new)

The processing of personal data by the authorities referred to in this article shall be in compliance with the General Data Protection Regulation.

Amendment 68 #

Proposal for a regulation
Article 32 – paragraph 1 – point b

(b) data subjects who are economic operators that are occasionally involved in activities covered by the customs legislation or by other legislation applied by the customs authorities;

Amendment 69 #

Proposal for a regulation
Article 32 – paragraph 1 – point c

Amendment 70 #

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 71 #

Proposal for a regulation
Article 37 – paragraph 3

Amendment 72 #

Proposal for a regulation
Article 37 – paragraph 4

4. Where authorities other than customs authorities, including 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 73 #

Proposal for a regulation
Article 41 – paragraph 2

2. Goods brought into the customs territory of the Union shall remain under such supervision for ~~as long as is necessary to~~the purpose of determineing their customs status.

Amendment 74 #

Proposal for a regulation
Article 44 – paragraph 2

2. The customs authorities may ~~at any time~~, where there are good reasons for doing so, require goods to be unloaded and unpacked for the purpose of examining them, taking samples or examining the means of transport carrying them.

Amendment 75 #

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 2 years; the Commission should publish this evaluation. The Commission may in addition arrange evaluation activities to be carried out where it considers necessary, and on an ongoing basis.

Amendment 76 #

Proposal for a regulation
Article 60 – paragraph 2 – point a

(a) an importer, responsible person or exporter is responsible for the goods;

Amendment 77 #

Proposal for a regulation
Article 60 – paragraph 3 – point b

Amendment 78 #

Proposal for a regulation
Article 60 – paragraph 3 – point b a (new)

(ba) where other legislation requires consulting the authorities, this should be provided for;

Amendment 79 #

Proposal for a regulation
Article 60 – paragraph 5 – point b – point ii

~~(ii) the other authorities have not replied within the time limit determined in the relevant other legislation applied by the customs authorities, or~~deleted

Amendment 80 #

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, 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, the responsible person or the exporter, whichever comes first. The customs authorities shall make the traceability available to the other authorities.

Amendment 81 #

Proposal for a regulation
Article 75 a (new)

Article 75a Organisation of the EU Customs Authority In the interest 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 82 #

Proposal for a regulation
Article 86 – paragraph 5

Amendment 83 #

Proposal for a regulation
Article 150 – paragraph 10

10. ~~Where~~Even if the importer has opted to apply the simplified tariff treatment for distance sales, ~~the importer may not benefit from~~ the measures referred to in Article 145(2), points (d) and (e), or ~~from~~ non- tariff preferential measures shall apply.

Amendment 84 #

Proposal for a regulation
Article 159 – paragraph 2 – subparagraph 2

Amendment 85 #

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 applicable charges.

Amendment 86 #

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, irrespective of the Member State in which the investigation takes place. Notification shall be deferred following an explicit request to that effect by an authority that is competent for criminal investigations and prosecutions, including the EPPO.

Amendment 87 #

Proposal for a regulation
Article 207 – paragraph 2 – point d a (new)

(da) 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) performing robust 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 categorised and colour-coded 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(64b new); – ‘red’ for ‘non-compliant shipment’ to be refused for collection at origin as defined in Article 5(64c new). The details of the colour-coding system used shall be laid down in 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 88 #

Proposal for a regulation
Article 207 – paragraph 2 – point d b (new)

(db) The EU Customs Authority shall introduce a mandatory special scheme for the collection of customs duties in relation to goods imported through distance sales 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 89 #

Proposal for a regulation
Article 211 – paragraph 1 – point d a (new)

(da) an advisory body which shall exercise the functions set out in Article 212(a);

Amendment 90 #

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 and one representative of the European Parliament, all with voting rights.

Amendment 91 #

Proposal for a regulation
Article 212 – paragraph 2

~~2. The Management Board shall also include one member designated by the European Parliament, without the right to vote.~~deleted

Amendment 92 #

Proposal for a regulation
Article 212 – paragraph 5 a (new)

(5a) Where appropriate, the participation, with observer status, of representatives of European third countries in the Management Board and the conditions for such participation shall be established through bilateral agreements.

Amendment 93 #

Proposal for a regulation
Article 212 a (new)

Article 212a Functions of the Advisory Board The Advisory Board referred to in Article 215(1)(va) shall appoint four of its members 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 94 #

Proposal for a regulation
Article 214 – paragraph 4

4. The Management Board ~~may~~shall invite ~~any person~~representatives of the industry designated by the advisory body, as defined in Article 215(1)(va), whose opinion may be of interest to attend its meetings as an observer.

Amendment 95 #

Proposal for a regulation
Article 215 – paragraph 1 – point f

Amendment 96 #

(h) adopt and make publicly available its rules of procedure;

Amendment 97 #

Proposal for a regulation
Article 215 – paragraph 1 – point v a (new)

(va) 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 98 #

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;~~ the EPPO, and implement procedures for the reporting to the latter of suspected criminal offences falling within its competence;

Amendment 99 #