Activities of Felix REDA related to 2013/0432(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the Union legal framework for customs infringements and sanctions PDF (849 KB) DOC (537 KB)
Amendments (21)
Amendment 70 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Member States have divergent approaches to the manner in which customs infringements are to be addressed. In order to maintain flexibility in dealing with customs infringements, the provisions of this Directive are subject to minimum harmonisation. Furthermore, given that some Member States have a system in which criminal sanctions are imposed instead of administrative ones, this Directive aims at laying down common administrative sanctions, but Member States are free to choose to use criminal sanctions taking into account the nature and gravity of, and the other circumstances relating to, the customs infringement concerned.
Amendment 73 #
Proposal for a directive
Recital 13
Recital 13
(13) The limitation period for proceedings concerning a customs infringement should be fixed at four years from the day on which the customs infringement was committed or, in the case of continuous or repeated infringements, wheren the behaviour constituting that infringement ceases. Member States should ensure that the limitation period is interrupted by an act relating to investigations or legal proceedings concerning the customs infringement. Member States may lay down cases where that period is suspended. The initiation or continuation of these proceedings should be precluded after an expiry period of eight years, while the limitation period for the enforcement of a sanction should be of three years.
Amendment 77 #
Proposal for a directive
Recital 19
Recital 19
(19) Since this Directive aims to provide for a list of customs infringements common to all Member States and for the basis for effective, dissuasive and proportionate sanctions to be imposed by Member States in the area of the customs union, which is fully harmonised, those objectives cannot be sufficiently achieved by the Member States based on their different legal traditions, but can rather, by reason of the scale and effect, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives.
Amendment 80 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Level of harmonisation Member States may adopt or retain more stringent national provisions compatible with the Treaty in the area covered by this Directive.
Amendment 81 #
Proposal for a directive
Article 1 b (new)
Article 1 b (new)
Article 1b Application of criminal sanctions Member States may decide to apply criminal sanctions instead of, or in addition to, the administrative sanctions provided for in this Directive.
Amendment 126 #
Proposal for a directive
Article 9 – title
Article 9 – title
Amendment 127 #
Proposal for a directive
Article 9 – introductory part
Article 9 – introductory part
Member States shall ensure that effective, proportionate and dissuasive administrative sanctions are imposed for the customs infringements referred to in Articles 3 within the following limits: to 6 and may decide to impose any sanction or combination of sanctions from the following list: (a) permanent or temporary confiscation of the goods; (b) permanent or temporary revocation of the status of authorised economic operator; (c) pecuniary fine of up to 100% of the duties evaded; (d) pecuniary fine of up to 100% of the value of the goods in the intended market for those goods; (e) pecuniary fine unrelated to the duties or value of the goods but proportionate to the severity and other circumstances of the infringement.
Amendment 131 #
Proposal for a directive
Article 9 – point a
Article 9 – point a
Amendment 135 #
Proposal for a directive
Article 9 – point b
Article 9 – point b
Amendment 138 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
In the case of the first or a minor infringement only, Member States may choose to help economic operators to correct the reason(s) for the infringement instead of resorting to sanctions.
Amendment 139 #
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
In the case of repeat offences or aggravating circumstances surrounding an offence, Member States may choose to apply a multiplier to the pecuniary fines provided for in the first paragraph.
Amendment 141 #
Proposal for a directive
Article 10
Article 10
Amendment 142 #
Proposal for a directive
Article 11
Article 11
Amendment 179 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall ensure that the limitation period for initiating proceedings concerning a customs infringement referred to in Articles 3 to 6 is four years and that it starts to run on the day on which the Member State concerned discovered that the customs infringement washad been committed.
Amendment 181 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that, in the case of continuous or repeated customs infringements, the limitation period starts to run on the day on which the act or omission constituting the customs infringement ceases. or when the Member State concerned discovers the infringement(s), whichever is the later date.
Amendment 183 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that the limitation period is interrupted by any act of the competent authority, notified to the person in question, relating to an investigation or legal proceedings concerning the same customs infringement. The limitation period shall start to run again on the day ofn which the interrupting act comes to an end.
Amendment 185 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure, without prejudice to Article 14(2), that the initiation or continuation of any proceedings concerning a customs infringement referred to in Articles 3 to 6 is precluded after the expiry of a period of eight years from the day referred to in paragraph 1 or 2 of this Article.
Amendment 187 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shallmay ensure that administrative proceedings concerning a customs infringement referred to in Articles 3 to 6 are suspended where criminal proceedings have been initiated against the same person in connection with the same facts.
Amendment 188 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shallmay ensure that the suspended administrative proceedings concerning a customs infringement referred to in Articles 3 to 6 are discontinued where the criminal proceedings referred to in paragraph 1 have finally been disposed of. In other cases, the suspended administrative proceedings concerning a customs infringement referred to in Articles 3 to 6 may be resumed.
Amendment 190 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States shall ensure that the competent authorities have the possibility to temporarily seize any goods, means of transport and anyor other instrument used in committing the customs infringements referred to in Articles 3 to 6. If, following the imposition of a sanction, a Member State permanently confiscates such goods, it may opt to destroy, reuse or recycle the goods, as appropriate.
Amendment 192 #
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18a Reporting by Member States Member States shall send to the Commission statistics regarding infringements and showing which sanctions were imposed as a result of those infringements, in order to enable the Commission to assess the application of this Directive. The information thus provided shall be sent annually following the entry into force of this Directive. The Commission may use those data when revising this Directive in order to better approximate national sanctioning systems.