Activities of Anne-Sophie PELLETIER related to 2023/0156(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013
Amendments (19)
Amendment 139 #
Proposal for a regulation
Recital 7
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 154 #
Proposal for a regulation
Recital 20 a (new)
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 162 #
Proposal for a regulation
Recital 30
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 171 #
Proposal for a regulation
Recital 55 a (new)
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)
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 200 #
Proposal for a regulation
Article 5 – paragraph 1 – point 57
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 206 #
Proposal for a regulation
Article 5 – paragraph 1 – point 64 a (new)
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 240 #
Proposal for a regulation
Article 25 – paragraph 3 – point e
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 248 #
Proposal for a regulation
Article 25 – paragraph 4 – subparagraph 2
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 253 #
Proposal for a regulation
Article 25 – paragraph 6 – subparagraph 1
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 280 #
Proposal for a regulation
Article 29 – paragraph 1 – point h –point i (new)
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 330 #
Proposal for a regulation
Article 60 – paragraph 5 – point b –point ii
Article 60 – paragraph 5 – point b –point ii
Amendment 333 #
Proposal for a regulation
Article 60 – paragraph 5 – point b –point iii
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 379 #
Proposal for a regulation
Article 208 – paragraph 3 – point c
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 415 #
Proposal for a regulation
Article 252 – paragraph 1 – point g a (new)
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 419 #
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 10% of the importer’s total turnover in the preceding financial year.
Amendment 424 #
Proposal for a regulation
Article 265 – paragraph 2 – introductory part
Article 265 – paragraph 2 – introductory part
2. The following provisions shall apply from 1 March 2028from the day this regulation enters into force:
Amendment 429 #
Proposal for a regulation
Article 265 – paragraph 6
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 431 #
Proposal for a regulation
Article 265 – paragraph 7 – introductory part
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: