14 Amendments of Adam BIELAN related to 2023/0156(COD)
Amendment 142 #
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,financial risks and subject to responsibilities set forth in product compliance laws in order to strengthen customs supervision. In the case of the new concept of deemed importer, 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 financial 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 145 #
Proposal for a regulation
Recital 8
Recital 8
(8) Beyond their traditional role of collecting customs duties, VAT and excise and applying customs legislation, customs authorities also play a critical role, together with Market Surveillance Authorities, in enforcing other Union and, where applicable, other national legislation on customs matters. A definition of this ‘other legislation applied by the customs authorities’ should be introduced in order to build an effective framework for regulating the application and supervision of these particular requirements on goods in accordance with Regulation 2019/1020 on market surveillance and compliance of products. Such prohibitions and restrictions can be justified on grounds of, inter alia, public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value and the protection of industrial or commercial property and other public interests, including controls on drug precursors, goods infringing certain intellectual property rights and cash. The notion of other legislation applied by the customs authorities should also include commercial policy measures and fishery conservation and management measures, as well as restrictive measures adopted on the basis of Article 215 TFEU.
Amendment 191 #
Proposal for a regulation
Article 5 – paragraph 1 – point 12
Article 5 – paragraph 1 – point 12
(12) ‘importer’ means any person who has the power to determine and has determined that goods from a third country are to be brought into the customs territory of the Union or, except otherwise provided, any person who is considered a deemed importer;
Amendment 192 #
Proposal for a regulation
Article 5 – paragraph 1 – point 13
Article 5 – paragraph 1 – point 13
(13) ‘deemed importer’ means any person involved in the distance sales of goods to be imported from third countries into the customs territory of the Union who is authorised to use the special scheme laid down in Title XII, Chapter 6, Section 4 of Directive 2006/112/EC and whose responsibilities are limited to collecting, reporting data, and managing financial obligations such as customs duties, without bearing liabilities for the physical goods;
Amendment 223 #
Proposal for a regulation
Article 20 – paragraph 1 – point c
Article 20 – paragraph 1 – point c
(c) ensuring that the goods ene relevant economic operator as determing or exiting the customs territory of the Unioned under Regulation 2023/988 on general product safety and Regulation 2019/1020 has complyied with the relevant other legislation applied by the customs authorities when the goods enter or exit the customs territory of the Union and providing, keeping and making available appropriate records of such compliance;
Amendment 224 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. By way of derogation from Article 20(1), point (a), deemed importers shall (a) provide or make available the information on distance sales of goods to be imported in the customs territory of the Union at the latest on the day following the date when the payment was accepted and in any event prior to the release of the goods and (b) ensure the correct calculation and payment of customs duties and any other charges applicable.
Amendment 225 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. By way of derogation from Article 20(1), point (a), deemed importers shall provide or make available the information on distance sales of goods to be imported in the customs territory of the Union at the latest on the day following the date when the payment was accepted and in any event prior to the release of the goods.
Amendment 307 #
Proposal for a regulation
Article 42 – paragraph 4 – introductory part
Article 42 – paragraph 4 – introductory part
4. The customs office responsible for the place of establishment of the Trust and Check trader or the deemed importershall:
Amendment 322 #
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
2. Deemed importers shall provide or make available the information on distance sales of goods to be imported in the customs territory of the Union at the latest on the day following the date when the payment was accepted and in any event prior to the release of the goods.
Amendment 346 #
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 3 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),60 days after the notification of their arrival unless the customs authorities require the goods to be presented. In exceptional cases, that time limit may be extended.
Amendment 349 #
Proposal for a regulation
Article 99 – paragraph 3
Article 99 – paragraph 3
Amendment 350 #
Proposal for a regulation
Article 99 – paragraph 5
Article 99 – paragraph 5
Amendment 370 #
Proposal for a regulation
Article 200 – paragraph 1 a (new)
Article 200 – paragraph 1 a (new)
Sanctions and liabilities imposed on economic entities shall be proportionate to their role in the transaction process, ensuring fairness and clarity in their application.
Amendment 384 #
Proposal for a regulation
Article 210
Article 210