Activities of Tadeusz ROSS related to 2013/0410(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending 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 PDF (315 KB) DOC (404 KB)
Amendments (13)
Amendment 33 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Whereas the information obtained from the Commission's impact assessment on the amendment of Regulation (EC) No 515/97 (SWD(2013)0482 final) in relation to the scale of the problem shows that fraud resulting from false declaration of origin alone may amount to a yearly loss of as much as EUR 100 million for the EU27. In 2011, Member States reported 1 905 cases of detected fraud and other irregularities amounting to damage of EUR 107.7 million, related to inaccurate description of goods. This is only damage detected by the Member States and the Commission. The actual scale of the problem might be substantially higher, since no information is available on an estimated 30 000 detected cases of potential fraud.
Amendment 35 #
Proposal for a regulation
Recital 6
Recital 6
(6) Given the increase in the scale of customs fraud, it is crucial to improve detection and prevention simultaneously at national and European level. The detection of fraud, identification of risk trends and the implementation of effective risk management procedures depend significantly on the identification and cross-analysis of relevant operational data sets. It is necessary therefore to establish, at European Union level, athe most complete possible directory containing data on import, export and transit of goods by land, sea or air, including transit of goods within the Member States and direct export. For that purpose, Member States should allow systematic replication of data on import, export and transit of goods from the systems operated by the Commission and should supply to the Commission data relating to transit of goods within a Member State and direct export without delay. The Commission should each year submit the results obtained from this directory to the European Parliament and to the Council.
Amendment 42 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
Regulation (EC) No 515/97
Article 2 – paragraph 1 – indent 11
Article 2 – paragraph 1 – indent 11
–‘public or private service providers active in the international supply chain' means owners, shippers, consignees, freight forwarders, carriers, producers and other involved intermediaries or persons involved in the international supply chain.
Amendment 43 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 515/97
Article 12
Article 12
Documents, certified true copies of documents, attestations, all instrumenofficial acts or decisions which emanate from the administrative authorities, reports, and any other intelligence obtained by the staff of the requested authority and communicated to the applicant authority in the course of the assistance provided for in Articles 4 to 11 may constitute admissible evidence in administrative and judicial proceedings of the applicant Member State in the same way as if they had been obtained in the Member State where the proceedings take place.
Amendment 49 #
Proposal for a regulation
Article 1 – paragraph 3 – point a
Article 1 – paragraph 3 – point a
Regulation (EC) No 515/97
Article 18 a – paragraph 1
Article 18 a – paragraph 1
1. Without prejudice to the competences of the Member States, for the purpose of risk management as set out in Article 4, points 25 and 26, and Article 13(2) of Regulation (EEC) No 2913/92, and with a view to assisting the authorities referred to in Article 29 to detect movements of goods that are the object of operations in potential breach of customs and agricultural legislation and means of air, sea or land transport, including containers, used for that purpose, the Commission shall establish and manage a directory of data received from public or private service providers active in the international supply chain. That directory shall be directly accessible to those authorities. To ensure that the information regarding the interests of Member States' service providers contained in this directory shall not be used in an improper way.
Amendment 54 #
Proposal for a regulation
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
Regulation (EC) No 515/97
Article 18 b – paragraph 2
Article 18 b – paragraph 2
2. The Commission may makshall ensure expertise, technical or logistical assistance, training or communication activity or any other operational support available to the Member States both for the achievement of the objectives of this Regulation and in the performance of Member States’' duties in the framework of the implementation of the customs cooperation provided for by Article 87 of the Treaty on the Functioning of the European Union. For that purpose, the Commission shall establish appropriate technical systems.
Amendment 74 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 f – paragraph 2
Article 18 f – paragraph 2
2. The Commission shall adopt, by means of implementing acts, provisions regarding the format of the data in the CSMs and the method of transmission of the CSMs including what obligations may pertain to containers that are brought into the EU due to diversions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43a(2).
Amendment 76 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 f – paragraph 2 a (new)
Article 18 f – paragraph 2 a (new)
2a. Pursuant to article 18 (a) paragraph 1 the Commission shall establish via an Implementing Act the means by which the agreement of service providers shall be obtained prior to the transferral of their filed CSMs to other organisations or bodies.
Amendment 78 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 515/97
Article 18 f – paragraph 2 c (new)
Article 18 f – paragraph 2 c (new)
2c. The Commission is urged to consult closely with representatives of the container liner shipping industry concerning the development of the delegated and an implementing acts referred to in article 18 (f). They may be invited to participate in the relevant committee meetings and expert groups that shall be used to develop such acts.
Amendment 81 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 g – paragraph 1
Article 18 g – paragraph 1
1. The Commission shall establish and manage a directory containing data on import, export and transit of goods, including transit within a Member State, as detailed in Annexes 37 and 38 of Commission Regulation (EEC) No 2454/93, the “'Import, export, transit directory”'. The Member States shall authorise the Commission to systematically replicate data relating to import, export and transit from the sources operated by the Commission on the basis of Regulation (EEC) No 2913/92 establishing the Community Customs Code. The Member States shall, at the earliest possible date, supply to the Commission data concerning the transit of goods within a Member State and direct export. To ensure that the information regarding the interests of Member States' service providers contained in this directory shall not be used in an improper way.
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 11
Article 1 – paragraph 11
Regulation (EC) No 515/97
Article 33
Article 33
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 14 – point b
Article 1 – paragraph 14 – point b
Regulation (EC) No 515/97
Article 41 d – paragraph 3
Article 41 d – paragraph 3
‘3. The Commission shall anonymise or delete the data as soon as the maximum storage period provided for in paragraph 1 has elapsed.’
Amendment 106 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
For public or private service providers who, at the time of the entry into force of this Regulation, are bound by private contracts that prevent them from fulfilling their obligation stipulated in Article 18c(1), this shall take effect no earlier than one year after the Regulation has enteredrequired Implementing and Delegated Acts referred to in article 18 (f) enter into force.