Procedure : 2018/0040(COD)
Document stages in plenary
Document selected : A8-0342/2018

Texts tabled :

A8-0342/2018

Debates :

Votes :

PV 13/03/2019 - 19.5

Texts adopted :

P8_TA(2019)0193

REPORT     ***I
PDF 472kWORD 84k
19.10.2018
PE 623.824v02-00 A8-0342/2018

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 952/2013 to prolong the transitional use of means other than the electronic data-processing techniques provided for in the Union Customs Code

(COM(2018)0085 – C8‑0097/2018 – 2018/0040(COD))

Committee on the Internal Market and Consumer Protection

Rapporteur:Jasenko Selimovic

PR_COD_1amCom

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 ANNEX: LIST OF ENTITIES OR PERSONSFROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 952/2013 to prolong the transitional use of means other than the electronic data-processing techniques provided for in the Union Customs Code

(COM(2018)0085 – C8‑0097/2018 – 2018/0040(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0085),

–  having regard to Article 294(2) and Articles 33 and 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0097/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on the Internal Market and Consumer Protection (A8-0342/2018),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a)  The shift to a complete use of electronic systems for interactions between economic operators and customs authorities, and between customs authorities, will enable the simplifications provided for in the Code to take full effect, resulting in an improved exchange of information between actors, a more effective registration of the arrival, transit and exit of goods, a centralised customs clearance and harmonised customs controls throughout the customs territory of the Union, thereby reducing administrative costs, red tape, error fraud in customs declarations and harmful port-shopping.

Amendment    2

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6)  There are many challenges in setting up all the necessary electronic systems by 2020 both for the Commission and for the Member States. First, in some cases, harmonising the data elements on the basis of internationally accepted data models as required by the Code demands a full reprogramming of existing electronic systems and investments both in financial terms and in terms of time that are greater than foreseen at the time of adoption of the Code. Second, as the electronic systems are closely interlinked, introducing them in the right order is important. Delays in the development of one system will therefore unavoidably lead to delays in the development of others. Third, the Code (including the end date for transitional measures on 31 December 2020) was adopted in 2013 while the rules supplementing and implementing it, namely Commission Delegated Regulation (EU) 2015/244610, Commission Implementing Regulation (EU) 2015/244711 and Commission Delegated Regulation (EU) 2016/34112, were only adopted in 2015 and 2016. The discussions on those rules took much longer than expected and this has caused a delay in setting out the functional and technical specifications necessary for the development of the electronic systems.

(6)  Setting up electronic systems requires the Commission and the Member States to harmonise the data elements on the basis of internationally accepted data models, as required by the Code, in some cases to fully reprogramme existing electronic systems and to make investments both in financial terms and in terms of time. Member States prioritise adaptation differently, which has led to differences in the timing of implementation of systems in Member States. As the electronic systems are closely interlinked, introducing them in the right order is important. Delays in the development of one system will therefore unavoidably lead to delays in the development of others. The Code (including the end date for transitional measures on 31 December 2020) was adopted in 2013 while the rules supplementing and implementing it, namely Commission Delegated Regulation (EU) 2015/244610, Commission Implementing Regulation (EU) 2015/244711 and Commission Delegated Regulation (EU) 2016/34112, were only adopted in 2015 and 2016, and this has caused a delay in setting out the functional and technical specifications necessary for the development of the electronic systems.

_________________

_________________

10 Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).

10 Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).

11 Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

11 Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

12 Commission Delegated Regulation (EU) 2016/341 of 17 December 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards transitional rules for certain provisions of the Union Customs Code where the relevant electronic systems are not yet operational and amending Delegated Regulation (EU) 2015/2446 (OJ L 69, 15.3.2016, p. 1).

12 Commission Delegated Regulation (EU) 2016/341 of 17 December 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards transitional rules for certain provisions of the Union Customs Code where the relevant electronic systems are not yet operational and amending Delegated Regulation (EU) 2015/2446 (OJ L 69, 15.3.2016, p. 1).

Amendment    3

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7)  It has become evident that, while most systems will be deployed by 2020, others can only be partially completed by that date.

(7)  Although Article 278 of the Code set a single deadline of 31 December 2020 for the deployment of all the systems referred to in that Article, and despite the efforts made by the Union and some of the Member States, at budgetary and operational levels, to complete the work within the time limit given, it has become evident that some systems can only be partially deployed by that date, which implies that non-electronic systems will continue in use beyond that date, and in the absence of legislative amendments extending that deadline, companies and customs authorities will be unable to perform their duties and legal obligations as regards customs operations.

Amendment    4

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(10a)  In order to enable the European Parliament and the Council to monitor the deployment of all the electronic systems necessary for the application of the provisions of the Code referred to in Article 278 of the Code, the Commission should regularly report on the progress made and on the attainment of interim objectives within the planned schedule, to which end the relevant administrations of the Member States should facilitate regularly the appropriate information to the Commission. Once all electronic systems are operational, the Commission should assess whether they are fit for purpose through a fitness check to be carried out within one year of the first date on which they are all operational.

Amendment    5

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) 952/2013

Article 278 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2.  Means other than the electronic data-processing techniques referred to in Article 6(1) may be used on a transitional basis, until 31 December 2025 at the latest, where the electronic systems which are necessary for the application of the following provisions of the Code are not yet operational:

2.  Until 31 December 2023 at the latest, means for the storage and exchange of information other than the electronic data-processing techniques referred to in Article 6(1) may be used on a transitional basis, where the electronic systems which are necessary for the application of the following provisions of the Code are not yet operational:

Amendment    6

Proposal for a regulation

Article 1 – paragraph 1 – point 1

Regulation (EU) 952/2013

Article 278 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a.  Not later than one year after the entry into force of Regulation (EU) 2018[XXX]+ and every year thereafter until the date when the electronic systems referred to in paragraph 1 and 2 of this Article become fully operational, the Commission shall submit an annual report to the European Parliament and to the Council on progress in developing these electronic systems. For that purpose, the Member States shall provide the Commission with updated information in due time.

 

_______________

 

+ OJ: Please insert the number of this amending Regulation in the text and the title, date and publication reference of this amending Regulation in the footnote.


EXPLANATORY STATEMENT

I. Introduction

The Customs Union is a cornerstone of the European Union as one of the largest trading blocks in the world, and it is therefore essential in order to ensure the proper functioning of the single market for the benefit of both EU businesses and citizens. In that regards, the setting up of electronic systems for all exchanges of information between customs authorities and between economic operators and customs authorities, and the storage of such information, has already led to significant reduction of administrative costs, administrative simplification for businesses and citizens and a more harmonized exchange of such information.

II. The Rapporteur’s position

The Rapporteur finds it very regrettable that the work to set up such electronic systems will not be completed by the deadline of 2020, as provided by Article 278 of the Union Customs Code. However, due to the importance of the well-functioning of such electronic systems, the Rapporteur´s priority is to make sure that this necessary work is implemented as effectively and as thoroughly as possible.

The Rapporteur supports therefore the Commission´s proposal to amend Article 278 of the Code so that the transitional arrangements for the exchange and storage of customs information (i.e. existing electronic and paper-based systems) can continue to be used after 2020 and no later than 2025 for the customs processes covered by the electronic systems that will not be implemented by 2020. The Rapporteur believes that extending such deadline is necessary in order to ensure legal certainty for both custom authorities, businesses and citizens, that would encounter difficulties if some of the electronic systems were not implemented and at the same time the law prohibited the continued transitional use of alternative arrangements.

Moreover, the Rapporteur believes that a further extension of the deadline after 2025 should be avoided at any cost. Therefore, the Rapporteur suggests to fully involve the European Parliament in monitoring the setting up of the electronic systems that will not be implemented by 2020 by inviting the European Commission to report, one year after the entry into force of this Regulation and every year thereafter, on the progresses achieved and challenges ahead as regards to the completion of that work.


ANNEX: LIST OF ENTITIES OR PERSONSFROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the draft report:

Entity and/or person

Permanent Representation of Austria to the European Union

Permanent Representation of France to the European Union


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Prolongation of the transitional use of means other than the electronic data-processing techniques provided for in the Union Customs Code

References

COM(2018)0085 – C8-0097/2018 – 2018/0040(COD)

Date submitted to Parliament

2.3.2018

 

 

 

Committee responsible

       Date announced in plenary

IMCO

12.3.2018

 

 

 

Committees asked for opinions

       Date announced in plenary

INTA

12.3.2018

JURI

12.3.2018

 

 

Not delivering opinions

       Date of decision

INTA

21.3.2018

JURI

27.3.2018

 

 

Rapporteurs

       Date appointed

Jasenko Selimovic

21.3.2018

 

 

 

Discussed in committee

19.6.2018

11.7.2018

24.9.2018

 

Date adopted

11.10.2018

 

 

 

Result of final vote

+:

–:

0:

31

3

2

Members present for the final vote

John Stuart Agnew, Pascal Arimont, Dita Charanzová, Carlos Coelho, Anna Maria Corazza Bildt, Daniel Dalton, Pascal Durand, Evelyne Gebhardt, Maria Grapini, Robert Jarosław Iwaszkiewicz, Liisa Jaakonsaari, Philippe Juvin, Antonio López-Istúriz White, Morten Løkkegaard, Eva Maydell, Marlene Mizzi, Christel Schaldemose, Andreas Schwab, Olga Sehnalová, Jasenko Selimovic, Richard Sulík, Róża Gräfin von Thun und Hohenstein, Mylène Troszczynski, Marco Zullo

Substitutes present for the final vote

Lucy Anderson, Biljana Borzan, Edward Czesak, Arndt Kohn, Julia Reda, Martin Schirdewan, Lambert van Nistelrooij, Sabine Verheyen

Substitutes under Rule 200(2) present for the final vote

Ramón Jáuregui Atondo, Stanislav Polčák, Flavio Zanonato, Tomáš Zdechovský

Date tabled

19.10.2018


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

31

+

ALDE

ECR

EFDD

ENF

PPE

 

S&D

 

Verts/ALE

Dita Charanzová, Morten Løkkegaard, Jasenko Selimovic

Edward Czesak, Daniel Dalton, Richard Sulík

Marco Zullo

Mylène Troszczynski

Pascal Arimont, Carlos Coelho, Anna Maria Corazza Bildt, Philippe Juvin, Antonio López‑Istúriz White, Eva Maydell, Stanislav Polčák, Andreas Schwab, Sabine Verheyen, Lambert van Nistelrooij

Lucy Anderson, Biljana Borzan, Evelyne Gebhardt, Maria Grapini, Liisa Jaakonsaari, Ramón Jáuregui Atondo, Arndt Kohn, Marlene Mizzi, Christel Schaldemose, Olga Sehnalová, Flavio Zanonato

Pascal Durand, Julia Reda

3

-

EFDD

PPE

John Stuart Agnew

Róża Gräfin von Thun und Hohenstein, Tomáš Zdechovský

2

0

ALDE

GUE/NGL

Robert Jarosław Iwaszkiewicz

Martin Schirdewan

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

Last updated: 19 October 2018Legal notice