[ParlTrack]

Constance LE GRIP, Malcolm HARBOUR, Adam BIELAN, Matteo SALVINI, Olle SCHMIDT, Sylvana RAPTI

Proposal for a regulation
Recital 19

(19) Compliant and trustworthy economic operators who help to secure the customs clearance chain and the European Union's financial interests should, as ‘"authorised economic operators’", be able to take maximum advantage of widespread use of simplification and, taking account of security and safety aspects, ~~benefit from~~should enjoy practical benefits including reduced levels of customs control. They may thus enjoy the status of authorised economic operator for customs simplifications or the status of authorised economic operator for security and safety. They may be granted one or other status, or both together.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Adam BIELAN, Matteo SALVINI, Sylvana RAPTI

Proposal for a regulation
Article 5 - point 11

11. ‘declaration for temporary storage’ means the act whereby a person indicates, in the prescribed form and manner, that goods are ~~placed or~~or are intended to be ~~placed under that procedur~~in temporary storage;

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Adam BIELAN, Matteo SALVINI, Sylvana RAPTI

Proposal for a regulation
Article 5 - point 14 a (new)

14a. ‘temporary storage’ means a situation in which non-Union goods are temporarily stored under customs supervision between their presentation to customs and their placement under a customs procedure;

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Adam BIELAN, Matteo SALVINI, Sylvana RAPTI

Proposal for a regulation
Article 5 - point 31 - point b

(b) the person who presents the goods which are deemed to have been placed under the temporary storage procedure until the declaration for temporary storage is lodged, or the person on whose behalf the goods are presented;deleted

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Adam BIELAN, Matteo SALVINI, Sylvana RAPTI

Proposal for a regulation
Article 5 - point 31 - point c

~~(c) the person who lodges the declaration for the temporary storage procedure or on whose behalf that declaration is lodged;~~deleted

2012/10/29
Committee: IMCO

Sylvana RAPTI

Proposal for a regulation
Article 20 - point a

~~(a) the cases where the obligation referred to in the first subparagraph of Article 18(2) is waiv~~deleted;

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Adam BIELAN, Matteo SALVINI, Sylvana RAPTI

Proposal for a regulation
Article 21 - paragraph 6 a (new)

6a. Holders of the status of authorised economic operator as referred to in paragraph 2 shall enjoy more favourable treatment based on the type of certificate obtained, in accordance with paragraph 2(a) and (b).

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Adam BIELAN, Matteo SALVINI, Sylvana RAPTI

Proposal for a regulation
Article 21 - paragraph 6 b (new)

6b. Applications from authorised economic operators shall be dealt with first.

2012/10/29
Committee: IMCO

Sylvana RAPTI

~~(a) the rules for granting the status of authorised economic operator referred to in Article 21;~~deleted

2012/10/29
Committee: IMCO

Sylvana RAPTI

~~(b) the cases where the obligation for an authorised economic operator to be established in the customs territory of the Union is waived in accordance with the second subparagraph of Article 21(1).~~deleted

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Adam BIELAN, Matteo SALVINI, Olle SCHMIDT, Sylvana RAPTI

Proposal for a regulation
Article 91 - paragraph 2

2. Where the customs debt is incurred as the result of an act which, at the time it was committed, was liable to give rise to criminal court proceedings, the three year period laid down in paragraph 1 shall be extended to a period of ~~ten~~five years.

2012/10/29
Committee: IMCO

Sylvana RAPTI

Proposal for a regulation
Article 91 - paragraph 3

3. Periods laid down in paragraphs 1 and 2 shall be suspended for the time period referred to in article 24, paragraph 4. Where an appeal is lodged under Article 37, the periods laid down in paragraphs 1 and 2 of this article shall be suspended, for the duration of the appeal proceedings, from the date on which the appeal is lodged.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 117 - paragraph 1 a (new)

The competent customs office may waive the lodging of an entry summary declaration in respect of goods for which, prior to the expiry of the time-limit for lodging that declaration, a declaration for temporary storage is lodged. That declaration for temporary storage shall contain at least the particulars necessary for the entry summary declaration. Until such time as the goods declared are presented to customs in accordance with Article 124, the declaration for temporary storage shall have the status of an entry summary declaration.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 124 - paragraph 3

3. The person presenting the goods shall make a reference to the entry summary declaration or customs declaration or declaration for temporary storage which has been lodged in respect of the goods, except where the lodging of ~~such~~an entry summary declaration is not required.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 124 - paragraph 4

4. Where non-Union goods presented to customs are not covered by an entry summary declaration, and except where the lodging of such declaration is not required, ~~the holder of the goods shall lodge such a declaration or a customs declaration replacing it immediately~~one of the persons referred to in Article 114 shall immediately lodge an entry summary declaration or a customs declaration or a declaration for temporary storage replacing the entry summary declaration.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 125 a (new)

Article 125a Temporary storage of goods Except where non-Union goods are placed under a customs procedure, they shall be in temporary storage from the moment of their presentation to customs in the following cases: (a) where goods brought into the customs territory of the Union are presented to customs immediately upon their arrival in accordance with Article 124; (b) where goods are presented to the customs office of destination in the customs territory of the Union in accordance with the rules governing the transit procedure; (c) where goods are brought from a free zone into another part of the customs territory of the Union.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 125 b (new)

Article 125b Declaration for temporary storage 1. Non-Union goods presented to customs shall be covered by a declaration for temporary storage containing all the particulars necessary for the application of the provisions governing temporary storage. 2. The declaration for temporary storage shall be lodged by one of the persons referred to in Article 124(1) or (2) at the latest at the time of the presentation of the goods to customs. 3. The declaration for temporary storage shall include a reference to any entry summary declaration lodged for the goods presented to customs, except where they have already been in temporary storage or have been placed under a customs procedure and have not left the customs territory of the Union. 4. The declaration for temporary storage may also take one of the following forms: (a) a reference to any entry summary declaration lodged for the goods concerned, supplemented by the particulars of a declaration for temporary storage; (b) a manifest or another transport document, provided that it contains the particulars of a declaration for temporary storage, including a reference to any entry summary declaration for the goods concerned; (c) the transit declaration, where non- Union goods moved under a transit procedure are presented to customs at an office of destination within the customs territory of the Union. 5. Customs authorities may accept that commercial, port or transport information systems are used to lodge a declaration for temporary storage provided that they contain the necessary particulars for such declaration and those particulars are available in accordance with paragraph 2. 6. Articles 158 to 163 shall apply for the verification of the declaration for temporary storage. 7. The declaration for temporary storage may also be used for the purpose of: (a) the notification of arrival referred to in Article 119; (b) the presentation of the goods to customs referred to in Article 124, insofar as it fulfils the conditions laid down in those provisions. 8. A declaration for temporary storage shall not be required where, at the latest at the time of their presentation to customs, their customs status as Union goods is determined in accordance with Articles 130 to 133. 9. The declaration for temporary storage shall be kept by the customs authorities for the purpose of verifying that the goods to which it relates are subsequently placed under a customs procedure in accordance with Article 126. Or. en Justification

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 125 c (new)

Article 125c Amendment and invalidation of a declaration for temporary storage 1. The declarant may, upon application, be authorised to amend one or more particulars of the declaration for temporary storage after it has been lodged. No amendment shall be possible after any of the following : (a) the customs authorities have informed the person who lodged the declaration that they intend to examine the goods ; (b) the customs authorities have established that particulars of the declaration are incorrect; ; (c) the goods have been presented to customs. 2. Where the goods for which a declaration for temporary storage has been lodged are not presented to customs, the customs authorities shall invalidate that declaration: (a) upon application by the declarant; and (b) within a specific time-limit after the declaration has been lodged.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 125 d (new)

Article 125d Conditions and responsibilities for the temporary storage of goods 1. Goods in temporary storage shall be stored only in temporary storage facilities in accordance with Article 125e or, where justified, in other places designated or approved by the customs authorities. 2. Without prejudice to Article 120(2), goods in temporary storage shall be subject only to such forms of handling as are designed to ensure their preservation in an unaltered state without modifying their appearance or technical characteristics. 3. The person presenting the goods in accordance with Article 124(1) and (2) shall be responsible for the following: (a) ensuring that goods in temporary storage are not removed from customs supervision; (b) fulfilling the obligations arising from the storage of goods in temporary storage. The holder of the authorisation referred to in Article 125e shall be responsible in accordance with paragraph 1 for goods stored in its temporary storage facilities. 4. Where, for any reason, goods cannot be maintained in temporary storage, the customs authorities shall without delay take all measures necessary to regularise the situation of the goods in accordance with Articles 167, 168 and 169.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 125 e (new)

Article 125e Authorisation for the operation of temporary storage facilities 1. An authorisation from the customs authorities shall be required for the operation of temporary storage facilities. Such authorisation shall not be required where the operator of the temporary storage facility is the customs authority itself. The conditions under which the operation of temporary storage facilities is permitted shall be set out in the authorisation. 2. Except where otherwise provided, the authorisation referred to in paragraph 1 shall be granted only to persons who satisfy the following conditions : (a) they are established in the customs territory of the Union; (b) they provide the necessary assurance of the proper conduct of the operations; (c) they provide a guarantee in accordance with Article 77. An authorised economic operator for customs simplifications shall be deemed to fulfil the condition laid down in point (b) of the first subparagraph, insofar as the operation of temporary storage facilities was taken into account when granting that authorisation. 3. The authorisation referred to in paragraph 1 shall be granted only where the customs authorities are able to exercise customs supervision without having to introduce administrative arrangements disproportionate to the economic needs involved. 4. The holder of the authorisation shall keep appropriate records in a form approved by the customs authorities. The records shall contain the information and the particulars which enable the customs authorities to supervise the operation of the temporary storage facilities, in particular with regard to identification of the goods stored, their customs status and their movements. An authorised economic operator for customs simplifications shall be deemed to comply with the obligation laid down in the second subparagraph insofar as his records are appropriate for the purpose of temporary storage. 5. The customs authorities may authorise the holder of the authorisation to move goods in temporary storage between different temporary storage facilities under the condition that such movements would not increase the risk of fraud. Where goods in temporary storage are moved to a temporary storage facility covered by another authorisation, the holder of that authorisation shall lodge a new declaration for temporary storage in accordance with Article 125b and become responsible for the temporary storage of the goods concerned in accordance with the second paragraph of Article 125d(3). The customs authorities may, where an economic need exists and customs supervision will not be adversely affected, authorise the storage of Union goods in a temporary storage facility. Those goods shall not be regarded as goods in temporary storage. 6. The holder of the authorisation shall comply with his obligations and the customs authorities shall monitor that compliance. 7. The holder of the authorisation shall notify the customs authorities of all factors arising after the authorisation was granted which may influence its continuation or content.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Title 4 - Chapter 2 - Section 3 - title

Formalities after presentation Temporary storage of goods

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 126 - title

Obligation to place ~~non-Union goods~~goods in temporary storage under a customs procedure

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 126 - paragraph 1

1. ~~Without prejudice to Articles 167,168 and 169 non-Union goods presented to customs shall be placed under a customs procedure~~Non-Union goods in temporary storage shall be placed under a customs procedure or re-exported within a specific time-limit.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 126 - paragraph 2

2. Except aswhere otherwise provided, the declarant shall be free to choose the customs procedure under which he wishes to place the goods, under the conditions for that procedure, irrespective of their nature or quantity, or their country of origin, consignment or destination.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 129 - point ca (new)

ca. the specific time-limit for re- exportation as referred to Article 126(1).

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 134 - paragraph 1

1. All goods intended to be placed under a customs procedure, except for the free zone ~~and the temporary storage~~ procedures, shall be covered by a customs declaration appropriate for the particular procedure.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 138 - paragraph 1

1. The customs authorities may authorise a ~~person~~n authorized economic operator authorised under points (a) and (b) of Article 21(2) to lodge, at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office. In such cases, the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged. Or. en Justification

2012/10/29
Committee: IMCO

Sylvana RAPTI

1. ~~The c~~Customs authorities may authorise a person to lodge, or make available, at the customs office responsible for the place where he is established a customs declaration for goods which are presented to customs at another customs office. In such cases, the customs debt shall be deemed to be incurred at the customs office at which the customs declaration is lodged or made available.

2012/10/29
Committee: IMCO

Sylvana RAPTI

Proposal for a regulation
Article 138 - paragraph 2

2. The customs office at which the customs declaration is lodged or made available shall carry out the formalities for the verification of the declaration, ~~and~~ the recovery of the amount of import or export duty corresponding to any customs debt and for granting release of the goods. Information received from that office.

2012/10/29
Committee: IMCO

Sylvana RAPTI

Proposal for a regulation
Article 138 - paragraph 3

3. The customs office at which the goods are presented shall, without prejudice to its own controls for security and safety purposes, carry out any examination justifiably requested by the customs office at which the customs declaration ~~has been~~ is lodged or made available and shall allow release of the goods, taking into account information received from that office.

2012/10/29
Committee: IMCO

Sylvana RAPTI

Proposal for a regulation
Article 144 - paragraph 2

2. ~~In certain cases the obligation to lodge a supplementary declaration shall be waved.~~ A supplementary declaration shall not be required in the following cases: (a) goods are placed under a customs warehousing procedure; (b) goods are placed under a special procedure provided that: (i) two or more authorisations for a special procedure are granted to the same person; (ii) that special procedure is discharged by the placement of the goods under the subsequent customs procedure using entry in the declarant's records. (c) the simplified declaration concerns goods the value and quantity of which is below the statistical threshold; (d) the simplified declaration already contains all the information needed for the customs procedure concerned; (e) the simplified declaration is not made by entry in the declarant's records.

2012/10/29
Committee: IMCO

Sylvana RAPTI

Proposal for a regulation
Article 145 - point d

~~(d) the cases where the obligation to lodge a supplementary declaration is waived in accordance with Article 144(2).~~deleted

2012/10/29
Committee: IMCO

Sylvana RAPTI

Proposal for a regulation
Article 146 - paragraph 3 - point ca (new)

(ca) persons who lodge a customs declaration in a country whose territory is adjacent to the customs territory of the Union, at a border customs office adjacent to this territory, subject to the condition that this country allows a reciprocal benefit to persons established in the customs territory of the Union;

2012/10/29
Committee: IMCO

Sylvana RAPTI

Proposal for a regulation
Article 146 - paragraph 4

~~4. The requirement to be established in the customs territory of the Union may be waived in cases other than those laid down in paragraph 3.~~deleted

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 180 - point b

(b) storage, which shall comprise ~~temporary storage,~~ customs warehousing and free zones;

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 181 - paragraph 1 - point b

(b) the operation of storage facilities for the ~~temporary storage or~~ customs warehousing of goods, except where the storage facility operator is the customs authority itself.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 199 - paragraph 3

3. The customs authorities may, where an economic need exists and customs supervision will not be adversely affected, authorise the storage of Union goods in a storage facility for ~~temporary storage or~~ customs warehousing. Those goods shall not be regarded as being under the ~~temporary storage or~~ customs warehousing procedure.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 200 - paragraph 1 - point a

(a) ensuring that goods under ~~the temporary storage or~~ customs warehousing procedures are not removed from customs supervision;

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 200 - paragraph 1 - point b

(b) fulfilling the obligations arising from the storage of goods covered by the ~~temporary storage or~~ customs warehousing procedures;

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 200 - paragraph 1 - point c

(c) complying with the particular conditions specified in the authorisation for the operation of a customs warehouse ~~or temporary storage~~ facilities.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 200 - paragraph 3

3. The holder of the procedure shall be responsible for fulfilling the obligations arising from the placing of the goods under the ~~temporary storage or~~ customs warehousing procedures.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 218 - paragraph 5

5. Waste and scrap resulting from destruction of goods placed under the end- use procedure shall be deemed to be ~~placed under the~~in temporary storage ~~procedure~~.

2012/10/29
Committee: IMCO

Constance LE GRIP, Malcolm HARBOUR, Matteo SALVINI, Adam BIELAN, Sylvana RAPTI

Proposal for a regulation
Article 235 - paragraph 3 - point c

(c) goods ~~under the~~in temporary storage ~~procedure~~ which are directly re-exported from a temporary storage facility.

2012/10/29
Committee: IMCO

Activities of Sylvana RAPTI related to 2012/0027(COD)

Shadow reports (1)

Amendments (43)

ParlTrack - 2011-2024