MOTION FOR A RESOLUTION
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7.10.2015
PE568.535v00-01
 
B8-1047/2015

pursuant to Rule 105(4) of the Rules of Procedure


on the Commission delegated regulation of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council with regard to detailed rules of specifying some of the provisions of the Union Customs Code  (C(2015)05195 – 2015/2822(DEA))


Daniel Dalton, on behalf of the ECR Group

 European Parliament resolution on the Commission delegated regulation of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council with regard to detailed rules of specifying some of the provisions of the Union Customs Code (C(2015)05195 – 2015/2822(DEA))  

The European Parliament,

–  having regard to the Commission delegated regulation (C(2015)05195),

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–   having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code(1) ("UCC Regulation"), and in particular Articles 2, 7, 10, 24, 31, 36, 40, 62, 65, 75, 88, 99, 106, 115, 122, 126, 131, 142, 151, 156, 160, 164, 168, 175, 180, 183, 186, 196, 206, 212, 216, 221, 224, 231, 235, 253, 265 and 284(5) thereof,

–  having regard to Rule 105(4) of its Rules of Procedure,

A.  whereas Article 290 TFEU stipulates that the purpose of delegated acts is to supplement or amend certain non-essential elements of legislative acts;

B.  whereas under Article 284(2) of the UCC Regulation the power to adopt delegated acts in a number of specified areas is conferred on the Commission;

C.  whereas the Commission has been working on the reform of the customs legislation for several years; whereas the Commission has led an extensive consultations with Member States and business environment in view of the preparation of the UCC delegated regulation; whereas under recital 16 of the UCC Regulation, the European Parliament and the Council recall the customs legislation should reflect economic reality and competitiveness;

D.  whereas on 28 July 2015 the Commission adopted the UCC delegated regulation and its annex, introducing a number of new elements which raise concerns vis-a-vis Commission's objective of simplification and competitiveness of EU customs legislation; whereas new provisions will have impact on European trade; whereas at its meeting with the committee of Internal Market and Consumer Protection of 22 September 2015, the Commission was not able to deliver a clear presentation of introduced changes and their cost analysis;

E.  whereas the Commission delegated regulation introduces new requirements which will have financial and administrative impact on businesses and customs authorities in the Member States; whereas the Commission has not formally provided any evidence or impact assessing additional cost that the new provisions will incur;

F.  whereas the UCC delegated regulation modifies the existing solution which exempts shipments below the threshold value of 22 euros from formal customs declaration; whereas the impact of this modification on trade flows and cost national customs authorities will incur as a result has not been assessed; whereas this new measure will negatively impact trade conditions with the EU and affect EU competitiveness and lead to higher consumer prices;

G.  whereas the UCC delegated regulation could be contrary to the aims of facilitating trade and encouraging growth and competitiveness and runs contrary to business reality and promises of simple and less burdensome customs procedures and better regulation;

H.  whereas, under Article 284(5) of the UCC Regulation, a delegated act "shall enter in force only if no objection has been expressed either by the European Parliament or the Council within two months of notification of that act to the Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object";

I.  whereas Rule 105(4) of Parliament’s Rules of Procedure stipulates that "if, 10 working days prior to the start of the part-session the Wednesday of which falls before and closest to the day of expiry of the deadline referred to in paragraph 5 of that rule, the committee responsible has not tabled a motion for a resolution to object to a delegated act, a political group or at least 40 Members may table a motion for a resolution on the matter for inclusion on the agenda for the part-session referred to above";

J.  whereas by 30 September 2015 the Committee on Internal Market and Consumer Protection had not tabled such a resolution, meaning that Rule 105(4) applies with regard to a resolution tabled for the October II 2015 part-session;

1.  Objects to the Commission delegated regulation;

2.  Instructs its President to forward this resolution to the Commission and to notify it that the delegated regulation cannot enter into force.

(1)

OJ L 269, 10.10.2013, p.1 .

Last updated: 12 October 2015Legal notice