23 Amendments of Andreas SCHWAB related to 2012/0027(COD)
Amendment 75 #
Proposal for a regulation
Article 25
Article 25
The Commission shall be empowered to adopt delegated acts in accordance with Article 243, specifying : (a) the rules on the procedure for taking the decisions referred to in Article 24; (b) the cases where the applicant is given no opportunity to express his point of view in accordance with the first subparagraph of Article 24(4); (c) the rules for monitoring, re-assessing and suspending decisions in accordance with Article 24(8).
Amendment 76 #
Proposal for a regulation
Article 32 - paragraphs 1 - 8
Article 32 - paragraphs 1 - 8
(1) The customs authorities shall, upon application, take decisions relating to binding tariff information (BTI decisions), or decisions relating to binding origin information (BOI decisions) and decisions on binding information on the customs value of goods (‘BVI’ decisions). Such an application shall not be accepted in any of the following circumstances: (a) where the application is made, or has already been made, at the same or another customs office, by or on behalf of the holder of a decision in respect of the same goods and, for BOI decisions, under the same circumstances determining the acquisition of origin; (b) where the application does not relate to any intended use of the BTI or BOI, BOI or ‘BVI’ decision or any intended use of a customs procedure. (2) BTI, ‘BVI’ or BOI decisions shall be binding only in respect of the tariff classification or, determination of the origin or customs value of goods. Those decisions shall be binding on the customs authorities, as against the holder of the decision, only in respect of goods for which customs formalities are completed after the date on which the decision takes effect. The decisions shall be binding on the holder of the decision, as against the customs authorities, only with effect from the date on which he receives, or is deemed to have received, notification of the decision. (3) BTI or BOI, BOI or ‘BVI’ decisions shall be valid for a period of three years from the date on which the decision takes effect. A BTI or BOI, BOI or ‘BVI’ decision shall cease to be valid in certain cases before the end of that period. In such cases the BTI or BOI, BOI or ‘BVI’ decision may still be used in respect of binding contracts based upon the decision and concluded before it ceases to be valid. (4) For the application of a BTI or BOI, BOI or ‘BVI’ decision in the context of a particular customs procedure, the holder of the decision shall be able to prove that: (a) in the case of a BTI decision, the goods declared correspond in every respect to those described in the decision; (b) in the case of a BOI decision, the goods in question and the circumstances determining the acquisition of origin correspond in every respect to the goods and the circumstances described in the decision. c) in the case of a ‘BVI’ decision, the goods in question and the circumstances determining the communication of customs value correspond in every respect to the goods and the circumstances described in the decision. (5) By way of derogation from Article 24(6) and Article 28, BTI and BOI, BOI and ‘BVI’ decisions shall be annulled where they are based on inaccurate or incomplete information from the applicants. (6) BTI and BOI, BOI and ‘BVI’ decisions shall be revoked in accordance with Article 24(6) and Article 29. They may not be amended. (7) The Commission may notify the Member States of the following: (a) that the taking of BTI and BOI, BOI and ‘BVI’ decisions, for goods whose uniform tariff classification or, determination of origin isor conditions for the customs value communicated are not ensured, is suspended; (b) that the suspension referred to under point (a) is withdrawn. (8) The Commission may adopt decisions requesting one or more Member States to revoke BTI or BOI, BOI or ‘BVI’ decisions, to ensure a uniform tariff classification or, determination of the origin of goods or application of the customs value.
Amendment 77 #
Proposal for a regulation
Article 33 - point a
Article 33 - point a
(a) the cases in which a BTI or BOI, BOI or ‘BVI’ decision ceases to be valid in accordance with the second subparagraph of Article 32(3);
Amendment 78 #
Proposal for a regulation
Article 33 - point b
Article 33 - point b
(b) the rules for using a BTI or BOI, BOI or ‘BVI’ decision after it ceases to be valid in accordance with the second subparagraph of Article 32(3);
Amendment 83 #
2. Goods the production of which involved more than one country or territory shall be deemed to originate in the country or territory where they underwent their last substantial transformation. The last substantial transformation of a good shall be defined on the basis of the criterion of change of tariff classification, the expression of substantial transformation, on the basis of an ad valorem percentage or a manufacturing or processing operation.
Amendment 86 #
Proposal for a regulation
Article 55 - introductory part
Article 55 - introductory part
The Commission shall be empowered to adopt delegated acts in accordance with Article 243, specifying:
Amendment 89 #
Proposal for a regulation
Article 55 - point a
Article 55 - point a
(a) the rules under which goods are considered as wholly obtained in a single country or territory or to have undergone their last substantial transformation in a country or territory, in accordance with; in order to determine bindingly the origin of a good in cases in which the parties involved could not consensually determine the origin of the good according to Article 53. These delegated acts shall be applied exclusively in case of dispute and cannot contradict the principles of Article 53;
Amendment 91 #
Proposal for a regulation
Article 55 - point b
Article 55 - point b
(b) specifying the requirements on the proof of origin referred to in Article 54.
Amendment 92 #
Proposal for a regulation
Article 62 - paragraph 1
Article 62 - paragraph 1
1. The primary basis for the customs value of goods shall be the transaction value, that is the price actually paid or payable for the goods when sold for export to the customs territory of the Union, adjusted, where necessary, in accordance with paragraph 4.
Amendment 93 #
Proposal for a regulation
Article 62 - paragraph 3 - point c
Article 62 - paragraph 3 - point c
(c) no part of the proceeds of any subsequent resale, disposal or use of the goods by the buyer will accrue directly or indirectly to the seller, unless an appropriate adjustment can be made in accordance with paragraph 4;
Amendment 94 #
Proposal for a regulation
Article 62 - paragraph 4
Article 62 - paragraph 4
4. Special rules shall apply to determine the customs value of goods based on the transaction value. In determining the transaction value under paragraphs 1 and 2, there shall be added to the price actually paid or payable for the imported goods: (a) the following, to the extent that they are incurred by the buyer but are not included in the price actually paid or payable for the goods: (i) commissions and brokerage, except buying commissions, (ii) the cost of containers which are treated as being one, for customs purposes, with the goods in question, (iii) the cost of packing, whether for labour or materials; (iv) engineering, development, artwork, design work, and plans and sketches undertaken elsewhere than in the Union and necessary for the production of the imported goods; (b) royalties and licence fees related to the goods being valued that the buyer must pay, either directly or indirectly, as a condition of sale of the goods being valued, to the extent that such royalties and fees are not included in the price actually paid or payable; (c) the value of any part of the proceeds of any subsequent resale, disposal or use of the imported goods that accrues directly or indirectly to the seller; (d) the cost of transport and insurance of the imported goods, and (e) loading and handling charges associated with the transport of the imported goods to the place of introduction into the customs territory of the Union.
Amendment 98 #
Proposal for a regulation
Article 62 - paragraph 4 a (new)
Article 62 - paragraph 4 a (new)
4a. Additions to the price actually paid or payable shall be made under this Article only on the basis of objective and quantifiable data.
Amendment 101 #
Proposal for a regulation
Article 62 - paragraph 4 b (new)
Article 62 - paragraph 4 b (new)
4b. No additions shall be made to the price actually paid or payable in determining the customs value except as provided in this Article.
Amendment 103 #
Proposal for a regulation
Article 62 - paragraph 4 c (new)
Article 62 - paragraph 4 c (new)
4c. In this Chapter, the term ‘buying commissions’ means fees paid by an importer to his agent for the service of representing him in the purchase of the goods being valued.
Amendment 104 #
Proposal for a regulation
Article 62 - paragraph 4 d (new)
Article 62 - paragraph 4 d (new)
4d. Notwithstanding paragraph 4c: (a) charges for the right to reproduce the imported goods in the Union shall not be added to the price actually paid or payable for the imported goods in determining the customs value; and (b) payments made by the buyer for the right to distribute or resell the imported goods shall not be added to the price actually paid or payable for the imported goods if such payments are not a condition of the sale for export to the Union of the goods.
Amendment 109 #
Proposal for a regulation
Article 83 - paragraph 2
Article 83 - paragraph 2
2. Where a comprehensive guarantee is to be provided for customs debts and other charges which may be incurred, aAn economic operator may be authorised to use a comprehensive guarantee with a reduced amount or to have a guarantee waiver provided that he fulfils the criteria laid down in Article 22(b) and (c)
Amendment 117 #
Proposal for a regulation
Article 114 – paragraph 2 – point a a (new)
Article 114 – paragraph 2 – point a a (new)
Amendment 162 #
Proposal for a regulation
Article 148 - paragraph 1
Article 148 - paragraph 1
1. Customs declarations which comply with the conditions laid down in this Chapter shall be accepted by the customs authorities immediately, provided that the goods to which they refer have been presented to customs. Corresponding simplifications should be granted to authorised economic operators.
Amendment 164 #
Proposal for a regulation
Article 154 - paragraph 1
Article 154 - paragraph 1
1. The customs authorities may, upon application, authorise a person to lodge a customs declaration in the form of an entry in the declarant’s records, provided that the customs authorities have access to those data in the declarant’s electronic system in the context of post-release controls under Article 41.
Amendment 165 #
Proposal for a regulation
Article 154 - paragraph 2
Article 154 - paragraph 2
2. The customs authorities may, upon application, waive the obligation for the goods to be presented, in accordance with Article 124(1), which shall be entered in accordance with Article 154(1).
Amendment 170 #
Proposal for a regulation
Article 181 – paragraph 3 – subparagraph 2
Article 181 – paragraph 3 – subparagraph 2
Amendment 194 #
The burden on economic operators in fulfilling this shall be correspondingly taken into account.
Amendment 195 #
Proposal for a regulation
Article 233 - paragraph 3a (new)
Article 233 - paragraph 3a (new)
3a. Upon application, the customs authorities may authorise a person to use simplifications regarding the placement of goods in the export procedure and for the purpose of that procedure. The economic interests of the economic operator will thereby be taken into consideration.