14 Amendments of Saskia BRICMONT related to 2023/0156(COD)
Amendment 138 #
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50 a) The release of goods into free circulation is subject to their meeting specific conditions. Procedures for their implementation and enforcement by EU customs authorities and importers rely on determinations and attestations by exporting country’s authorities and exporters that the goods in question meet those conditions. Provisions must be made to (a) identify systematic non- correspondences between such exporting country determinations and attestations and determinations and attestations made in accordance with EU law, when such non-correspondences are attributable to non-corresponding exporting country policies and practices, and (b) prevent such non-correspondences from resulting in the improper release of the concerned goods into free circulation. The Commission can issue notices to importers in order to warn importers of any systematic non-corresponding policies and resulting practice in third countries that may affect importers’ ability to comply with Union legislation, including the customs code, in light of importers’ frequent reliance on the determinations made by third country exporters and third country authorities.
Amendment 138 #
Proposal for a regulation
Recital 50 a (new)
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)
Recital 50 b (new)
(50 b) According to the Unfair Commercial Practices Directive, the geographical origin is one of the main characteristics of the products that “may cause the consumer to take a transactional decision that he would not have taken otherwise”. Goods must bear the right indication of their territory of origin. The origin or provenance must not be deceptive; it constitutes a misleading action that is prohibited as per this Directive.
Amendment 139 #
Proposal for a regulation
Recital 50 b (new)
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
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 toThe 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 shouldenable 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 140 #
Proposal for a regulation
Recital 53
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 toThe 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 shouldenable 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 226 #
Proposal for a regulation
Article 88 – paragraph 3 – point a
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 226 #
Proposal for a regulation
Article 88 – paragraph 3 – point a
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 229 #
Proposal for a regulation
Article 151 a (new)
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 229 #
Proposal for a regulation
Article 151 a (new)
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 236 #
Proposal for a regulation
Article 208 – paragraph 3 – point i a (new)
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 236 #
Proposal for a regulation
Article 208 – paragraph 3 – point i a (new)
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 261 #
Proposal for a regulation
Article 254 – paragraph 1 – point a – point iii a (new)
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 261 #
Proposal for a regulation
Article 254 – paragraph 1 – point a – point iii a (new)
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;