Procedure : 2013/0410(COD)
Document stages in plenary
Document selected : A7-0241/2014

Texts tabled :

A7-0241/2014

Debates :

Votes :

PV 15/04/2014 - 8.4

Texts adopted :


REPORT     ***I
PDF 323kWORD 414k
26 March 2014
PE 527.948v04-00 A7-0241/2014

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters

(COM(2013)0796 – C7-0421/2013 – 2013/0410(COD))

Committee on the Internal Market and Consumer Protection

Rapporteur: António Fernando Correia de Campos

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters

(COM(2013)0796 – C7-0421/2013 – 2013/0410(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–       having regard to the Commission proposal to Parliament and the Council (COM(2013)0796),

–       having regard to Article 294(2) and Articles 33 and 325 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0421/2013),

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

–       having regard to the opinion of the Court of Auditors of 25 February 2014(1),

–       having regard to Rule 55 of its Rules of Procedure,

–       having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0241/2014),

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

2.      Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

Amendment  1

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) With a view to increasing clarity, consistency and transparency, it is necessary to define in more concrete terms the authorities which should have access to the directories established on the basis of this Regulation; for that purpose a uniform reference to competent authorities will be established.

(4) With a view to increasing clarity, consistency, effectiveness, coherence and transparency, it is necessary to define in more concrete terms the authorities which should have access to the directories established on the basis of this Regulation; for that purpose a uniform reference to competent authorities will be established.

Amendment  2

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a) The information obtained from the Commission's impact assessment of 25 November 2013 on the amendment of Regulation (EC) No 515/97 in relation to the scale of the problem shows that fraud resulting from false declaration of origin alone may amount to a yearly loss of as much as EUR 100 million for the EU27. In 2011, Member States reported 1 905 cases of detected fraud and other irregularities relating to misdescription of goods amounting to damage of EUR 107,7 million, . That figure covers only damage detected by the Member States and the Commission. The actual scale of the problem is substantially higher, since no information is available on an estimated 30 000 cases of potential fraud.

Amendment  3

Proposal for a regulation

Recital 5 b (new)

Text proposed by the Commission

Amendment

 

(5b) In order to ensure a high level of consumer protection, the Union has a duty to combat customs fraud and thus contribute to the internal market's objective of having safe products with genuine certificates of origin .

Amendment  4

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) The detection of fraud, identification of risk trends and the implementation of effective risk management procedures depend significantly on the identification and cross-analysis of relevant operational data sets. It is necessary therefore to establish, at European Union level, a directory containing data on import, export and transit of goods including transit of goods within the Member States and direct export. For that purpose, Member States should allow systematic replication of data on import, export and transit of goods from the systems operated by the Commission and should supply to the Commission data relating to transit of goods within a Member State and direct export.

(6) Given the increase in the scale of customs fraud, it is crucial to increase detection and prevention simultaneously at national and Union level. The detection of fraud, identification of risk trends and the implementation of effective risk management procedures depend significantly on the identification and cross-analysis of relevant operational data sets. It is necessary therefore to establish, at Union level, a directory containing data on import and transit of goods including transit of goods within the Member States and direct export. For that purpose, Member States should allow systematic replication of data on import and transit of goods from the systems operated by the Commission and should supply to the Commission data relating to transit of goods within a Member State at the earliest possible date. Each year, the Commission should submit the results obtained from that directory to the European Parliament and to the Council. By …*, the Commission should carry out assessments in order to appraise the feasibility of extending the data contained in the directory by including data on import and transit of goods by land and air and the necessity of extending the data contained in the directory by including data on export.

 

________________

 

* OJ: please enter the date: two years after the entry into force of this Regulation.

Amendment  5

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The introduction of the e-Customs in 2011, by which documents supporting imports and exports are no longer kept by the customs administrations but by the economic operators, has led to delays in the conduct of European Anti-fraud Office (OLAF) investigations in the customs area, as OLAF needs the intermediation of these administrations to obtain such documents. Moreover, the 3-year limitation period applicable to customs documents held by the administration, puts additional constraints to the successful conduct of investigations. In order to accelerate the conduct of investigations in the area of customs the Commission should therefore have the right to request documents supporting import and export declarations directly from the economic operators concerned. These economic operators should be obliged to provide the Commission with the requested documents.

(8) The introduction of the e-Customs in 2011, by which documents supporting imports and exports are no longer kept by the customs administrations but by the economic operators, has led to delays in the conduct of European Anti-fraud Office (OLAF) investigations in the customs area, as OLAF needs the intermediation of these administrations to obtain such documents. Moreover, the 3-year limitation period applicable to customs documents held by the administration, puts additional constraints to the successful conduct of investigations. In order to accelerate the conduct of investigations in the area of customs the Commission should therefore, in certain circumstances and following prior notification to the Member States, have the right to request documents supporting import and export declarations directly from the economic operators concerned. The economic operators concerned should be informed which type of procedure applies. These economic operators should be obliged to provide the Commission with the requested documents in good time, following advance notification by the Commission to the Member States.

Amendment  6

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) In order to ensure confidentiality of the inserted data, provision should be made for limiting access to inserted data to specific users only.

(9) In order to ensure confidentiality and greater security of the inserted data, provision should be made for limiting access to inserted data to specific users and for defined purposes only.

Amendment  7

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) The provisions governing the storage of data in the CIS frequently result in unjustifiable loss of information; this is because Member States do not systematically carry out the yearly reviews due to the administrative burden involved. It is therefore necessary to simplify the procedure governing the storage of data in the CIS by removing the obligation to review data annually and by setting maximum retention period of ten years, corresponding to periods provided for the directories established on the basis of this Regulation. This period is necessary due to the long procedures for processing irregularities and because these data are needed for the conduct of joint customs operations and of investigations. Furthermore, to safeguard the rules governing data protection, the European Data Protection Supervisor should be informed about cases where personal data are stored in CIS for a period exceeding five years.

(13) The provisions governing the storage of data in the CIS frequently result in unjustifiable loss of information; this is because Member States do not systematically carry out the yearly reviews due to the administrative burden involved and the lack of appropriate resources, particularly human resources. It is therefore necessary to simplify the procedure governing the retention of data in the CIS by removing the obligation to review data annually and by setting maximum retention period of ten years, corresponding to periods provided for the directories established on the basis of this Regulation. However, this should not apply to the limitation period, as laid down in Article 221(3) of Regulation (ECC) No 2913/92. The retention period is necessary due to the long procedures for processing irregularities and because these data are needed for the conduct of joint customs operations and of investigations. Furthermore, to safeguard the rules governing data protection, the European Data Protection Supervisor should be informed about cases where personal data are stored in CIS for a period exceeding five years.

Justification

The existing three-year limitation period for breaches of customs regulations should not be circumvented by the retention period. This would be incompatible with the EU Customs Code and national customs laws.

Amendment  8

Proposal for a regulation

Article 1 – point 1 – point b

Regulation (EC) No 515/97

Article 2 – paragraph 1 – indent 11

 

Text proposed by the Commission

Amendment

–‘service providers active in the international supply chain' means owners, shippers, consignees, freight forwarders, carriers and other intermediaries or persons involved in the international supply chain.

public or private service providers active in the international supply chain' means owners, shippers, consignees, freight forwarders, carriers, producers and other involved intermediaries or persons involved in the international supply chain.

Amendment  9

Proposal for a regulation

Article 1 – point 2

Regulation (EC) No 515/97

Article 12

 

Text proposed by the Commission

Amendment

Documents, certified true copies of documents, attestations, all instruments or decisions which emanate from the administrative authorities, reports, and any other intelligence obtained by the staff of the requested authority and communicated to the applicant authority in the course of the assistance provided for in Articles 4 to 11 may constitute admissible evidence in administrative and judicial proceedings of the applicant Member State in the same way as if they had been obtained in the Member State where the proceedings take place.

Documents, certified true copies of documents, attestations, all official acts or decisions which emanate from the administrative authorities, reports, and any other intelligence obtained by the staff of the requested authority and communicated to the applicant authority in the course of the assistance provided for in Articles 4 to 11 may constitute admissible evidence in administrative and judicial proceedings of the applicant Member State in the same way as if they had been obtained in the Member State where the proceedings take place.

Amendment  10

Proposal for a regulation

Article 1 – point 2 a (new)

Regulation (EC) No 515/97

Article 16

 

Present text

Amendment

 

(2a) The following Article is inserted:

 

'Article 16a

Information obtained by staff of one Member State and communicated to another Member State in the course of the assistance provided for in Articles 13 to 15 may be invoked as evidence by the competent bodies of the Member State receiving the information.

Documents, certified true copies of documents, attestations, all instruments or decisions which emanate from the administrative authorities, reports, and any other intelligence obtained by staff of one Member State and communicated to another Member State in the course of the assistance provided for in Articles 13 to 15 may constitute admissible evidence in administrative and judicial proceedings of the Member State receiving the information in the same way as if they had been obtained in the Member State where the proceedings take place.'

Justification

There is no reason to restrict this possibility to cases of requested assistance, and the spontaneous assistance provided for in Article 16 of Regulation (EC) No 515/97 should be expanded.

Amendment  11

Proposal for a regulation

Article 1 – point 2 b (new)

Regulation (EC) N0 515/97

Article 18 – paragraph 1 – subparagraph 1 – indent 2 a (new)

 

Text proposed by the Commission

Amendment

 

2b. In the first subparagraph of Article 18(1), the following indent is added:

 

 

 

- breaches of customs legislation above a threshold set by the Commission.

Justification

The aim of the regulation is to enhance the cooperation between Member States and the Commission, and not between the Commission and economic operators. Therefore the obligations of the Member States should be clear

Amendment  12

Proposal for a regulation

Article 1 – point 2 c (new)

Regulation (EC) N0 515/97

Article 18 – paragraph 1 – subparagraph 2

 

Present text

Amendment

 

2c. The concluding phrase of the first subparagraph of Article 18(1) is replaced by the following:

they shall communicate to the Commission as soon as possible, either on their own initiative or in response to a reasoned request from the Commission, any relevant information, be it in the form of documents or copies or extracts thereof, needed to determine the facts so that the Commission may coordinate the steps taken by the Member States.

they shall communicate to the Commission as soon as possible, but in any event not later than three weeks, either on their own initiative or in response to a reasoned request from the Commission, any relevant information, be it in the form of documents or copies or extracts thereof, needed to determine the facts so that the Commission may coordinate the steps taken by the Member States.

Amendment  13

Proposal for a regulation

Article 1 – point 2 d (new)

Regulation (EC) N0 515/97

Article 18 – paragraph 4 – subparagraph 1

 

Present text

Amendment

 

2d. The first subparagraph of Article 18(4) is replaced by the following:

4. Where the Commission considers that irregularities have taken place in one or more Member States, it shall inform the Member State or States concerned thereof and that State or those States shall at the earliest opportunity carry out an enquiry, at which Commission officials may be present under the conditions laid down in Articles 9 (2) and 11 of this Regulation.

4. Where the Commission considers that irregularities have taken place in one or more Member States, it shall inform the Member State or States concerned thereof and that State or those States shall at the earliest opportunity but in any event not later than three weeks after the information was received carry out an enquiry, at which Commission officials may be present under the conditions laid down in Articles 9 (2) and 11 of this Regulation.

Justification

The aim of the regulation is to enhance the cooperation between Member States and the Commission, and not between the Commission and economic operators. Therefore the obligations of the Member States should be clear

Amendment  14

Proposal for a regulation

Article 1 – point 3 – point a

Regulation (EC) N0 515/97

Article 18 a – paragraph 1

 

Text proposed by the Commission

Amendment

1. Without prejudice to the competences of the Member States, for the purpose of risk management as set out in Article 4, points 25 and 26, and Article 13(2) of Regulation (EEC) No 2913/92, and with a view to assisting the authorities referred to in Article 29 to detect movements of goods that are the object of operations in potential breach of customs and agricultural legislation and means of transport, including containers, used for that purpose, the Commission shall establish and manage a directory of data received from public or private service providers active in the international supply chain. That directory shall be directly accessible to those authorities.

1. Without prejudice to the competences of the Member States, and with a view to assisting the authorities referred to in Article 29 to detect movements of goods that are the object of operations in potential breach of customs and agricultural legislation and means of transport, including containers, used for that purpose, the Commission shall establish and manage a directory of data received from public or private service providers active in the international supply chain. That directory shall be directly accessible to those authorities. They shall ensure that the information regarding the interests of Member States’ service providers contained in that directory shall be used for the purposes of this Regulation.

Justification

Risk management in a customs context includes activities that are national competence ("risk management" means the systematic identification of risk, including through random checks, and the implementation of all measures necessary for limiting exposure to risk). The reference is unnecessary in the context of the Commission’s proposal and may lead to confusion and questions about the boundary between the Commission and Member States’ activities.

Amendment  15

Proposal for a regulation

Article 1 – point 3 – point b

Regulation (EC) No 515/97

Article 18a – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) to access or extract and store the contents of the data, by any means or in any form, and to use data for the purposes of an administrative or judicial procedure in compliance with legislation applicable to intellectual property rights. The Commission shall put in place adequate safeguards against arbitrary interference by public authorities including technical and organisational measures and transparency requirements towards the data subjects. Data subjects shall be provided with the right of access and correction in relation to data processed for this purpose;

(a) to access or extract and store the contents of the data, by any means or in any form, and to use data for the purposes of an administrative or judicial procedure in compliance with legislation applicable to intellectual property rights. Data subjects shall be provided with the right of access and correction in relation to data processed for this purpose;

Justification

The aim should be simplification with a view to ensuring that the regulation is easier to read and interpret, and there is no need for repeated references to Regulation 45/2001, whose application is mandatory.

Amendment  16

Proposal for a regulation

Article 1 – point 3 – point c

Regulation (EC) No 515/97

Article 18a – paragraph 5

 

Text proposed by the Commission

Amendment

(c) The following paragraphs 5 and 6 are added:

(c) The following paragraph 6 is added:

'5. The European Data Protection Supervisor shall supervise compliance of this directory with Regulation (EC) No 45/2001.

 

The Commission shall implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, accidental loss or unauthorised disclosure, alteration and access or any other unauthorised form of processing.'

 

Justification

The aim should be simplification with a view to ensuring that the regulation is easier to read and interpret, and there is no need for repeated references to Regulation 45/2001, whose application is mandatory.

Amendment  17

Proposal for a regulation

Article 1 – paragraph 3 – point c

Regulation (EC) No 515/97

Article 18 a – paragraph 6 – subparagraph 1

 

Text proposed by the Commission

Amendment

6. Without prejudice to Regulation 45/2001, the Commission may transfer, subject to the agreement of the public or private service providers active in the international supply chain, data referred to in Article 18a(3) to international organisations and/or EU institutions/agencies which contribute to the protection of the financial interests of the Union and correct application of customs legislation with which the Commission concluded a relevant arrangement or memorandum of understanding.

6. The Commission may transfer, subject to the agreement of the public or private service providers active in the international supply chain, data referred to in Article 18a(3) to international organisations including the World Customs Organisation, the International Maritime Organization, the International Civil Aviation Organisation and the International Air Transport Association, as well as Europol, which contribute to the protection of the financial interests of the Union and correct application of customs legislation with which the Commission concluded a relevant arrangement or memorandum of understanding.

Justification

Data protection is very sensitive and stakeholders must know which organisations and agencies the Commission might transfer data to. For legal certainty and transparency the list should be laid down in the basic act. The Commission can change the list by means of a delegated act.

Amendment  18

Proposal for a regulation

Article 1 – point 3 – point c

Regulation (EC) No 515/97

Article 18a – paragraph 6 – subparagraph 2

 

Text proposed by the Commission

Amendment

Data shall be transferred under this paragraph only for the general purposes of this Regulation also including the protection of the financial interests of the Union, and/or for the purpose of risk management as set out in Article 4 points 25 and 26 and Article 13(2) of Regulation (EEC) No 2913/92.

Data shall be transferred under this paragraph only for the general purposes of this Regulation including the protection of the financial interests of the Union, and/or for the purpose of risk management as set out in Article 4 points 25 and 26 and Article 13(2) of Regulation (EEC) No 2913/92.

Justification

The aim should be simplification with a view to ensuring that the regulation is easier to read and interpret, and there is no need for repeated references to Regulation 45/2001, whose application is mandatory.

Amendment  19

Proposal for a regulation

Article 1 – point 3 – point c

Regulation (EC) No 515/97

Article 18a – paragraph 6 – subparagraph 3

 

Text proposed by the Commission

Amendment

The arrangement or memorandum of understanding based on which the transfer of data may take place under this paragraph shall include, inter alia, data protection principles such as the possibility for data subjects to exercise their rights of access and correction and to seek administrative and judicial redress, as well as an independent oversight mechanism to ensure compliance with the data protection safeguards.

The transfer of data under this paragraph shall respect data protection principles, the possibility for data subjects to exercise their rights of access and correction and to seek administrative and judicial redress, as well as an independent oversight mechanism to ensure compliance with the data protection safeguards.

Justification

The aim should be simplification with a view to ensuring that the regulation is easier to read and interpret, and there is no need for repeated references to Regulation 45/2001, whose application is mandatory.

Amendment  20

Proposal for a regulation

Article 1 – point 3 – point c

Regulation (EC) No 515/97

Article 18 a – paragraph 6 – subparagraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

The Commission shall be empowered to adopt delegated acts in accordance with Article 43 in order to amend the list of international organisations and/or Union institutions/agencies which contribute to the protection of the financial interests of the Union and the correct application of customs legislation.

Justification

Data protection is very sensitive and stakeholders must know which organisations and agencies the Commission might transfer data to. For legal certainty and transparency the list should be laid down in the basic act. The Commission can change the list by means of a delegated act.

Amendment  21

Proposal for a regulation

Article 1 – point 3 – point c

Regulation (EC) No 515/97

Article 18 a – paragraph 6 – subparagraph 4 b (new)

 

Text proposed by the Commission

Amendment

 

The Commission shall consult business representatives regarding the development of delegated acts referred to in Article 18a (6).

Amendment  22

Proposal for a regulation

Article 1 – point 4 – point a

Regulation (EC) No 515/97

Article 18 b – paragraph 2

 

Text proposed by the Commission

Amendment

2. The Commission may make expertise, technical or logistical assistance, training or communication activity or any other operational support available to the Member States both for the achievement of the objectives of this Regulation and in the performance of Member States duties in the framework of the implementation of the customs cooperation provided for by Article 87 of the Treaty on the Functioning of the European Union. For that purpose, the Commission shall establish appropriate technical systems.

2. The Commission shall ensure that expertise, technical or logistical assistance, training or communication activity or any other operational support available to the Member States both for the achievement of the objectives of this Regulation and in the performance of Member States' duties in the framework of the implementation of the customs cooperation provided for by Article 87 of the Treaty on the Functioning of the European Union. For that purpose, the Commission shall establish appropriate technical systems.

Amendment  23

Proposal for a regulation

Article 1 – point 4 – point b

Regulation (EC) No 515/97

Article 18 b – paragraph 3

 

Text proposed by the Commission

Amendment

(b) The following paragraph 3 is added:

deleted

‘3. The European Data Protection Supervisor shall supervise compliance of all the technical systems provided under this Article with Regulation (EC) No 45/2001.’

 

Justification

The aim should be to simplify, thereby improving the interpretation and reading of the Regulation. The repeated reference to Regulation 45/2001, which is binding, is thus unnecessary.

Amendment  24

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18 c – paragraph 1

 

Text proposed by the Commission

Amendment

The public or private service providers active in the international supply chain referred to in Article 18a(1) that store data on the movement and status of containers or have access to such data shall report to the Commission Container Status Messages (“CSMs’).

Maritime carriers that store data on the movement and status of containers or have access to such data shall report to the Commission Container Status Messages (CSMs).

Justification

The Commission’s Impact Assessment makes it clear that the target of the proposal is maritime carriers and has been developed with their databases and systems in mind. Only the maritime carriers have been consulted and only the maritime environment was considered in the impact assessment. Expanding to other modes would require a new impact assessment and further consultation.

Amendment  25

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18 c – paragraph 2

 

Text proposed by the Commission

Amendment

2. The required CSMs shall be reported in either of the following situations:

2. The required CSMs shall be reported for containers destined to be brought by vessel into the customs territory of the Union from a third country;

Justification

In order to counter customs fraud and other threats to EU interests Container status messages for containers that are brought into the EU are of great value. However, it is not clear why the same information is needed for containers leaving the EU. This has no value for detecting origin fraud. In order to make risk management effective, much of the information in export data can already be obtained through multiple filling regulations in the UCC.

Amendment  26

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18 c – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) containers leaving the customs territory of the Union to a third country by vessel.

deleted

Justification

In order to counter customs fraud and other threats to EU interests Container status messages for containers that are brought into the EU are of great value. However, it is not clear why the same information is needed for containers leaving the EU. This has no value for detecting origin fraud. In order to make risk management effective, much of the information in export data can already be obtained through multiple filling regulations in the UCC.

Amendment  27

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18 c – paragraph 3

 

Text proposed by the Commission

Amendment

3. The required CSMs shall report the events referred to in Article 18f insofar as they are known to the reporting public or private service provider active in the international supply chain.

3. The required CSMs shall report the events referred to in Article 18f insofar as they are known to the reporting public or private service provider active in the international supply chain and for which the data has been generated or collected in the electronic container tracking equipment.

Justification

The intention of the proposal is to enhance cooperation between Member States and the Commission, and not to put extra burdens on economic operators. Therefore it should be made clear that no extra generation of data should be necessary. Container status messages that are already collected in the normal course of an economic operators business are by all means sufficient.

Amendment  28

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18 c – paragraph 4

                                      

Text proposed by the Commission

Amendment

4. The Commission shall establish and manage a directory of reported CSMs, the ‘CSM directory’.

4. The Commission shall establish and manage a directory of reported CSMs, the ‘CSM directory’. The CSM directory shall form part of the directory referred to in Article 18a and shall not contain personal data.

Amendment  29

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18 f – paragraph 2

 

Text proposed by the Commission

Amendment

2. The Commission shall adopt, by means of implementing acts, provisions regarding the format of the data in the CSMs and the method of transmission of the CSMs. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43a(2).

2. The Commission shall adopt, by means of implementing acts, provisions regarding the format of the data in the CSMs and the method of transmission of the CSMs, and regarding obligations that may pertain to containers that are brought into the Union due to diversions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43a(2).

Justification

Vessel or cargo diversions may occur due to many reasons ranging from adverse weather conditions to commercial factors. Containers carried on board vessels may thus be discharged in an EU port even though this was not originally intended. This amendment seeks to include in the empowerment provisions the establishment through an implemented act whatever provisions may be required for handling containers that are brought into the EU due to vessel and cargo diversions.

Amendment  30

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18 f – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. Pursuant to Article 18 (a) (1), the Commission shall establish by means of an implementing act the means by which the agreement of service providers shall be obtained prior to the transferral of their filed CSMs to other organisations or bodies.

Justification

The possible transfer of CSMs to other parties is an issue subject to concerns about the sensitivity of the data exchanged as acknowledged by the Commission. However, there are no proposed provisions setting forth how, when and by whom the agreement with e.g. ocean carriers for the transfer of the CSMs submitted to the Commission’s so-called “CSM directory” would be executed. Nor is it clear which “international organisations” may be intended as recipients of CSMs. These aspects should be clarified via appropriate implementing provisions.

Amendment  31

Proposal for a regulation

Article 1 – paragraph 1 – point 5

Regulation (EC) No 515/97

Article 18 f – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

2b. The Commission is urged to consult closely with business representatives of the container liner shipping industry concerning the preparation of the delegated and an implementing acts referred to in This Article. They may be invited to participate in the relevant committee meetings and expert groups that shall be used to develop such acts.

Amendment  32

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18 g – paragraph 1

 

Text proposed by the Commission

Amendment

1. The Commission shall establish and manage a directory containing data on import, export and transit of goods, including transit within a Member State, as detailed in Annexes 37 and 38 of Commission Regulation (EEC) No 2454/93, the ‘Import, export, transit directory’. The Member States shall authorise the Commission to systematically replicate data relating to import, export and transit from the sources operated by the Commission on the basis of Regulation (EEC) No 2913/92 establishing the Community Customs Code. The Member States shall supply to the Commission data concerning the transit of goods within a Member State and direct export.

1. The Commission shall establish and manage a directory containing data on import and transit of goods, including transit within a Member State, as detailed in Annexes 37 and 38 of Commission Regulation (EEC) No 2454/93, the ‘Import, export, transit directory’. The Member States shall authorise the Commission to systematically replicate data relating to import and transit from the sources operated by the Commission on the basis of Regulation (EEC) No 2913/92 establishing the Community Customs Code. The Member States shall, at the earliest possible date, supply to the Commission data concerning the transit of goods within a Member State. Information provided on natural and legal persons shall be used for the purposes of this regulation only.

Justification

Since no time limits have been set, the principles of good cooperation should apply in order to facilitate a response within a reasonable time-limit.

Amendment  33

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18 g – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

Without prejudice to Regulation (EC) No 45/2001, the Commission may transfer, subject to the agreement of the supplying Member State, selected data obtained in accordance with the procedure specified in paragraph 1 to international organisations and/or EU institutions/agencies which contribute to the protection of the financial interests of the Union and correct application of customs legislation with which the Commission concluded a relevant arrangement or memorandum of understanding.

The Commission may transfer, subject to the agreement of the supplying Member State, selected data obtained in accordance with the procedure specified in paragraph 1 to international organisations including the World Customs Organisation, the International Maritime Organization, the International Civil Aviation Organisation and the International Air Transport Association as well as Europol which contribute to the protection of the financial interests of the Union and correct application of customs legislation with which the Commission concluded a relevant arrangement or memorandum of understanding.

Justification

Data protection is very sensitive and stakeholders must know which organisations and agencies the Commission might transfer data to. For legal certainty and transparency the list should be laid down in the basic act. The Commission can change the list by means of a delegated act.

Amendment  34

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18g – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. The Commission shall present, on an annual basis, the results provided by that directory to the European Parliament and Council, pursuant to Article 51a.

Amendment  35

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18g – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

4. Regulation (EC) No 45/2001 shall apply to the processing of personal data by the Commission in the context of data included in this directory.

deleted

Justification

Mandatory prior checking by the European Data Protection Supervisor will cause delays and make the management and use of the directory more bureaucratic during enquiries. The directory should, in any case, comply with data protection requirements and always be subject to inspection by the European Data Protection Supervisor. Moreover, the aim should be to simplify, thereby improving the interpretation and reading of the Regulation. The repeated reference to Regulation 45/200, which is binding, is thus unnecessary.

Amendment  36

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18g – paragraph 4 – subparagraph 3

 

Text proposed by the Commission

Amendment

The import, export, transit directory shall be subject to prior checking by the European Data Protection Supervisor in accordance with Article 27 of Regulation (EC) No 45/2001.

deleted

Justification

Mandatory prior checking by the European Data Protection Supervisor will cause delays and make the management and use of the directory more bureaucratic during enquiries. The directory should, in any case, comply with data protection requirements and always be subject to inspection by the European Data Protection Supervisor. Moreover, the aim should be to simplify, thereby improving the interpretation and reading of the Regulation. The repeated reference to Regulation 45/200, which is binding, is thus unnecessary.

Amendment  37

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18g – paragraph 5

 

Text proposed by the Commission

Amendment

5. The import, export, transit directory shall not include the special categories of data within the meaning of Article 10(5) of Regulation (EC) No 45/2001.

deleted

The Commission shall implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, accidental loss or unauthorised disclosure, alteration and access or any other unauthorised form of processing.

 

Justification

The aim should be to simplify, thereby improving the interpretation and reading of the Regulation. The repeated reference to Regulation 45/200, which is binding, is thus unnecessary.

Amendment  38

Proposal for a regulation

Article 1 – point 5

Regulation (EC) 515/97

Article 18 h – paragraph 1

 

Text proposed by the Commission

Amendment

1. The Commission may obtain directly from the economic operators documents supporting import and export declarations, with respect to investigations related to the implementation of customs legislation as defined in Article 2(1).

1. The Commission may, following a request to a Member State as referred to in paragraph 1a and in accordance with Article 14 of Regulation 2913/92, obtain directly from economic operators documents supporting import and transit declarations and for which supporting documents have been generated or collected by the economic operators, with respect to investigations related to the implementation of customs legislation as defined in Article 2(1) with either the explicit authorisation of a Member State or with the tacit authorisation specified in 18h (1b). The Commission shall notify all Member States likely to be involved in a subsequent enquiry of the request in parallel with the request being made. The Commission shall provide the Member State where the economic operator is established with a copy of the request in parallel with the request being made. The Commission shall provide copies of the response and the supporting documents from the economic operator to the Member State where the economic operator is established within one week of receipt of a response.

Justification

The existing system can be improved and streamlined to deliver the same objectives as the Commission proposal. Conflict with national competence should be avoided and this amendment better reflects the operational realities of such requests.

Amendment  39

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18 h – paragraph 1 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. Following a request from the Commission to a Member State for documents supporting an import or transit declaration, the Member State shall, in accordance with Article 14 of Regulation 2913/92 have three weeks within which to either:

 

- answer the request and provide the requested documentation;

 

- notify the Commission that the Member State has requested the documentation from the economic operator;

 

- request, for operational reasons, a further two weeks to fulfil the request; or

 

- decline the request and notify the Commission that the request was impossible to fulfil by means of due diligence, for instance due to the failure of the economic operator to provide the requested information or by a refusal decision taken by a Member State judicial authority in accordance with Article 3 of this Regulation.

Justification

The existing system can be improved and streamlined to deliver the same objectives as the Commission proposal. Conflict with national competence should be avoided and this amendment better reflects the operational realities of such requests.

Amendment  40

Proposal for a regulation

Article 1 – paragraph 5

Regulation (EC) No 515/97

Article 18 h – paragraph 1 – subparagraph 1 b(new)

 

Text proposed by the Commission

Amendment

 

1b. If the Member State does not:

 

- respond with the requested documents;

 

- notify the Commission that the Member State has requested the documents from the economic operator;

 

- request, for operational reasons, a further two weeks to fulfil the request; or

 

- decline the request

 

within the initial threeweek period, it shall be considered to have given its tacit authorisation for the Commission to request documents supporting an import or transit declaration directly from the economic operator.

Justification

The existing system can be improved and streamlined to deliver the same objectives as the Commission proposal. Conflict with national competence should be avoided and this amendment better reflects the operational realities of such requests.

Amendment  41

Proposal for a regulation

Article 1 – point 5

Regulation (EC) No 515/97

Article 18h – paragraph 2

 

Text proposed by the Commission

Amendment

2. Within the time limits obliging economic operators to maintain the relevant documentation, economic operators shall provide the Commission upon request with the information mentioned in paragraph 1.

2. Within the time limits obliging economic operators to maintain the relevant documentation, economic operators shall provide the Commission upon request with the information mentioned in paragraph 1 within three weeks.

Justification

Since no time limits have been set, the principles of good cooperation should apply in order to facilitate a response within a reasonable time-limit.

Amendment  42

Proposal for a regulation

Article 1 – point 5 a (new)

Regulation (EC) No 515/97

Article 21 – paragraph 1

 

Present text

Amendment

 

5a. Article 21(1) is replaced by the following:

1. The findings and information obtained in the course of the Community missions referred to in Article 20 of this Regulation, and in particular documents passed on by the competent authorities of the third countries concerned, shall be handled in accordance with Article 45 of this Regulation.

‘1. The findings and information obtained in the course of the Community missions referred to in Article 20 of this Regulation, and in particular documents passed on by the competent authorities of the third countries concerned, as well as the information obtained during the course of an administrative enquiry, including by the Commission’s services, shall be handled in accordance with Article 45 of this Regulation.’

Justification

The Commission may receive documents from the third countries in question, which should be treated as official documents obtained during the verification process, without this necessarily taking place as part of a Community mission. There is no justification for requiring an official on-the-spot mission, which would only incur extra expense, when the same documents can be more swiftly, economically and effectively provided by other means.

Amendment  43

Proposal for a regulation

Article 1 – point 8 – point a

Regulation (EC) No 515/97

Article 29 – paragraph 1

 

Text proposed by the Commission

Amendment

Access to data included in the CIS shall be reserved exclusively for the national authorities designated by each Member State and the departments designated by the Commission. These national authorities shall be customs administrations but may also include other authorities competent, according to the laws, regulations and procedures of the Member State in question, to act in order to achieve the aim stated in Article 23(2).

Access to data included in the CIS shall be reserved for the national authorities designated by each Member State and the departments designated by the Commission. These national authorities shall be customs administrations but may also include other authorities competent, according to the laws, regulations and procedures of the Member State in question, to act in order to achieve the aim stated in Article 23(2).

Justification

Linguistic amendment, applicable to the Portuguese version, concerning direct access

Amendment  44

Proposal for a regulation

Article 1 – paragraph 9 a (new)

Regulation (EC) No 515/97

Article 30 – paragraph 4

 

Present text

Amendment

 

9a. Article 30(4) is replaced by the following:

4. Data obtained from the CIS may, with the prior authorization of, and subject to any conditions imposed by, the Member State which included them in the System, be communicated for use by national authorities other than those referred to in paragraph 2, third countries and international or regional organizations wishing to make use of them. Each Member State shall take special measures to ensure the security of such data when they are being transmitted or supplied to departments located outside its territory.

4. Data obtained from the CIS may, with the prior authorization of, and subject to any conditions imposed by, the Member State which included them in the System, be communicated for use by national authorities other than those referred to in paragraph 2, third countries and international or regional organizations and/or Union agencies which contribute to the protection of the financial interests of the Union and correct application of customs legislation. Each Member State shall take special measures to ensure the security of such data when they are being transmitted or supplied to departments located outside its territory.

The provisions referred to in the first subparagraph shall apply mutatis mutandis to the Commission where it has entered the data in the System.

The provisions referred to in the first subparagraph shall apply mutatis mutandis to the Commission where it has entered the data in the System.

Amendment  45

Proposal for a regulation

Article 1 – point 11

Regulation (EC) No 515/97

Article 33

 

Text proposed by the Commission

Amendment

Data included in the CIS shall be kept only for the time necessary to achieve the purpose for which they were introduced and may not be stored for more than ten years. If personal data are stored for a period exceeding five years, the European Data Protection Supervisor shall be informed accordingly.

Data included in the CIS shall be kept only for the time necessary to achieve the purpose for which they were introduced and may not be stored for more than ten years.

Amendment  46

Proposal for a regulation

Article 1 – point 13 – point c

Regulation (EC) No 515/97

Article 38 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The Commission shall verify that the searches carried out were authorized and were carried out by authorised users. At least 1% of all searches made shall be verified. A record of such searches and verifications shall be entered into the system and shall be used only for the said verifications. It shall be deleted after six months.

3. The Commission shall verify that the searches carried out were authorized and were carried out by authorised users. The level of verification shall depend on the extent of the area to be verified, the severity of the infringement and expected amount of revenue affected, but shall always be equal to 1% or more of searches made. A record of such searches and verifications shall be entered into the system and shall be used only for the said verifications. It shall be deleted after six months.

Amendment  47

Proposal for a regulation

Article 1 – paragraph 14 – point a

Regulation (EC) No 515/97

Article 41 d – paragraph 1

 

Text proposed by the Commission

Amendment

‘1. The period for which data may be stored shall depend on the laws, regulations and procedures of the Member State supplying them. The maximum and non-cumulative periods, calculated from the date of entry of the data in the investigation file, which may not be exceeded are as follows:

‘1. The period for which data may be stored shall depend on the laws, regulations and procedures of the Member State supplying them. The need for the retention of data shall be reviewed by the supplying Member State. The maximum and non-cumulative periods, calculated from the date of entry of the data in the investigation file, which may not be exceeded are as follows:

Amendment  48

Proposal for a regulation

Article 1 – paragraph 14 – point b

Regulation (EC) No 515/97

Article 41 d – paragraph 3

 

Text proposed by the Commission

Amendment

‘3. The Commission shall anonymise the data as soon as the maximum storage period provided for in paragraph 1 has elapsed.’

‘3. The Commission shall make anonymous or delete the data as soon as the maximum storage period provided for in paragraph 1 has elapsed.’

Amendment  49

Proposal for a regulation

Article 1 – paragraph 15

Regulation (EC) No 515/97

Article 43 – point 2

 

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Articles 18f(1) and 23(4) shall be conferred on the Commission for an indeterminate period of time from [dd/mm/yyyy] [insert date of entry into force of this Regulation].

2. The power to adopt delegated acts referred to in Article 18a(6), Article 18f(1), Article 18g(3) and Article 23(4) shall be conferred on the Commission for an indeterminate period of time from …*

 

_____________

 

* OJ: please insert the date of entry into force of this Regulation.

Amendment  50

Proposal for a regulation

Article 1 – paragraph 15

Regulation (EC) No 515/97

Article 43 – point 3

 

Text proposed by the Commission

Amendment

3. The power to adopt delegated acts referred to in Articles 18f(1) and 23(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3. The power to adopt delegated acts referred to in Article 18a(6), Article 18f(1), Article 18g(3) and Article 23(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment  51

Proposal for a regulation

Article 1 – paragraph 15

Regulation (EC) No 515/97

Article 43 – point 5

 

Text proposed by the Commission

Amendment

5. A delegated act adopted pursuant to Articles 18f(1) and 23(4) shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European 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. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

5. A delegated act adopted pursuant to Article 18a(6), Article 18f(1), Article 18g(3) and Article 23(4) shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European 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. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment  52

Proposal for a regulation

Article 1 a (new)

Text proposed by the Commission

Amendment

 

Article 1a

 

By …*, the Commission shall carry out an assessment of:

 

- the necessity of extend the data contained in the directory referred in Article 18a of Regulation (EC) No 515/97 by including data on export and,

 

- the feasibility of extend the data contained in the directory referred in Article 18a of Regulation (EC) No 515/97 by including data on import and transit of goods by land and air.

 

______________

 

* OJ: please insert the date: two years after the date of entry into force of this Regulation.

Amendment  53

Proposal for a regulation

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

For public or private service providers who, at the time of the entry into force of this Regulation, are bound by private contracts that prevent them from fulfilling their obligation stipulated in Article 18c(1), this shall take effect one year after the Regulation has entered into force.

For public or private service providers who, at the time of the entry into force of this Regulation, are bound by private contracts that prevent them from fulfilling their obligation stipulated in Article 18c(1), this shall take effect no earlier than one year after the required delegated and implementing acts referred to in Articles 18 f(1)and 18f(2) enter into force.

(1)

Not yet published in the Official Journal.


EXPLANATORY STATEMENT

The rapporteur welcomes the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 515/97, of 13 March 1997, on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters.

The current Regulation contains a number of loopholes which combine to create a significant problem, as described in the impact assessment carried out by the Commission (SWD(2013)482 final).

At present, customs agents have no means of verifying whether the declared origin of goods tallies with the route of the container in question. There is abuse of the transit system, which is monitored by means of document checks and visual inspections which are of limited scope.

Fraud resulting from false declaration of origin gives rise to annual losses of EUR 100 million per year in the EU 27 – and this is only detected fraud. In 2011, the Member States reported losses of around EUR 107.7 million arising from false description of transported goods, which leads to the conclusion that the total loss of Union revenue is far higher than the recorded figures.

The proposal by the Committee on the Internal Market and Consumer Protection seeks to simplify and speed up the mechanisms for combating customs fraud and avoid unnecessary and repetitive bureaucracy, to strengthen the security of the internal market and the products circulating within it, while at the same time providing consumers with a high level of protection.

The increased scale of fraud calls for effective prevention and detection mechanisms at national and European level, as well as close cooperation between both these levels so that tangible results can be achieved.

For the sake of legal certainty, evidence gathered during the course of administrative processes should be legally recognised in the Member States, whether arising from assistance on request or from spontaneous assistance, since there is no reason why the two types of circumstance should be treated differently in terms of their legal validity.

The Commission authorities in charge of the investigation should be able to access the relevant documents by making a direct request to the economic operators. Following the recent introduction of the e-Customs system, documents providing proof of importation are now kept by the economic operators, not by the national authorities. This has caused delays and unnecessary time-wasting at the enquiry stage, as the Commission’s request for documentation has to be addressed to the national authorities who are often unable to give a timely response, owing to lack of time or staff. We therefore propose that the Commission be granted the prerogative of directly contacting economic agents, subject to prior notification of the national authorities, who are given two weeks within which to answer. The two-week deadline makes it possible to prevent any duplication of requests if the Member State has already taken or wishes to take the initiative of requesting the documentation from the economic operator. It also seeks to prevent infringers from taking advantage of the rules specific to each Member State concerning the barring of legal action.

This proposed amendment to the regulation under consideration also brings it into line with the Lisbon Treaty with respect to the protection of personal data, specifically in terms of procedures and time-limits. For the sake of simplification and good regulation, we consider that a simple reference to the relevant legislation in the field renders the text clearer and more easily applicable, which is why we have simplified the proposals presented.


PROCEDURE

Title

Mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters

References

COM(2013)0796 – C7-0421/2013 – 2013/0410(COD)

Date submitted to Parliament

25.11.2013

 

 

 

Committee responsible

       Date announced in plenary

IMCO

9.12.2013

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

CONT

9.12.2013

AGRI

9.12.2013

LIBE

9.12.2013

 

Not delivering opinions

       Date of decision

CONT

18.12.2013

AGRI

27.1.2014

LIBE

5.12.2013

 

Rapporteur(s)

       Date appointed

António Fernando Correia de Campos

17.12.2013

 

 

 

Discussed in committee

10.2.2014

3.3.2014

17.3.2014

 

Date adopted

18.3.2014

 

 

 

Result of final vote

+:

–:

0:

34

1

0

Members present for the final vote

Pablo Arias Echeverría, Adam Bielan, Sergio Gaetano Cofferati, Lara Comi, António Fernando Correia de Campos, Christian Engström, Vicente Miguel Garcés Ramón, Evelyne Gebhardt, Małgorzata Handzlik, Malcolm Harbour, Sandra Kalniete, Edvard Kožušník, Toine Manders, Monika Panayotova, Sirpa Pietikäinen, Mitro Repo, Zuzana Roithová, Heide Rühle, Christel Schaldemose, Andreas Schwab, Catherine Stihler, Róża Gräfin von Thun und Hohenstein, Bernadette Vergnaud, Barbara Weiler

Substitute(s) present for the final vote

Jürgen Creutzmann, Ashley Fox, María Irigoyen Pérez, Constance Le Grip, Morten Løkkegaard, Tadeusz Ross, Olle Schmidt, Gabriele Stauner, Patricia van der Kammen, Josef Weidenholzer, Kerstin Westphal

Date tabled

26.3.2014

Last updated: 31 March 2014Legal notice