Activities of Catharina RINZEMA 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 (25)
Amendment 136 #
Proposal for a regulation
Recital 5
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 164 #
Proposal for a regulation
Recital 32
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 173 #
Proposal for a regulation
Recital 56
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 179 #
Proposal for a regulation
Recital 60
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 182 #
Proposal for a regulation
Recital 64
Recital 64
Amendment 186 #
Proposal for a regulation
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) ensuring that goods that are destined for circulation in the internal market but presenting 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 220 #
Proposal for a regulation
Article 19 – paragraph 1
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 232 #
Proposal for a regulation
Article 25 – paragraph 3 – point a
Article 25 – paragraph 3 – point a
Amendment 233 #
Proposal for a regulation
Article 25 – paragraph 3 – point a a (new)
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 235 #
Proposal for a regulation
Article 25 – paragraph 3 – point b
Article 25 – paragraph 3 – point b
Amendment 236 #
Proposal for a regulation
Article 25 – paragraph 3 – point c
Article 25 – paragraph 3 – point c
Amendment 238 #
Proposal for a regulation
Article 25 – paragraph 3 – point d
Article 25 – paragraph 3 – point d
Amendment 239 #
Proposal for a regulation
Article 25 – paragraph 3 – point e
Article 25 – paragraph 3 – point e
Amendment 245 #
Proposal for a regulation
Article 25 – paragraph 3 – point f – introductory part
Article 25 – paragraph 3 – point f – introductory part
(f) having an electronic system providing or making available to the customs authorities real-timeall 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 261 #
Proposal for a regulation
Article 26
Article 26
Amendment 317 #
Proposal for a regulation
Article 51 – paragraph 6 – point h
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 334 #
Proposal for a regulation
Article 60 – paragraph 6 – introductory part
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 timas soon as possible after:
Amendment 347 #
Proposal for a regulation
Article 86 – paragraph 5
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 375 #
Proposal for a regulation
Article 206 – paragraph 1
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 386 #
Proposal for a regulation
Article 212 – paragraph 1
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 409 #
Proposal for a regulation
Article 244 – paragraph 5
Article 244 – paragraph 5
Amendment 410 #
Proposal for a regulation
Article 244 – paragraph 6
Article 244 – paragraph 6
Amendment 411 #
Proposal for a regulation
Article 244 – paragraph 7
Article 244 – paragraph 7
Amendment 417 #
Proposal for a regulation
Article 254 – paragraph 1 – introductory part
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 thateach 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
Article 254 – paragraph 1 – point a