Procedure : 2016/2639(DEA)
Document stages in plenary
Document selected : B8-0452/2016

Texts tabled :

B8-0452/2016

Debates :

Votes :

Texts adopted :

P8_TA(2016)0124

RECOMMENDATION FOR A DECISION
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8.4.2016
PE579.876v01-00
 
B8-0452/2016

pursuant to Rule 105(6) of the Rules of Procedure


to raise no objections to the Commission delegated regulation of 5 April 2016 correcting Delegated Regulation (EU) 2015/2446 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 (2016/2639(DEA))


Vicky Ford on behalf of the Committee on the Internal Market and Consumer Protection

Draft European Parliament decision to raise no objections to the Commission delegated regulation of 5 April 2016 correcting Delegated Regulation (EU) 2015/2446 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 (2016/2639(DEA))  
B8‑0452/2016

The European Parliament,

–  having regard to the Commission delegated regulation correcting Delegated Regulation (EU) 2015/2446 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 (C(2016)01934),

–  having regard to the Commission’s letter of 11 March 2016 asking Parliament to declare that it will raise no objections to the delegated regulation correcting Delegated Regulation (EU) 2015/2446 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,

–  having regard to the letter from the Committee on the Internal Market and Consumer Protection to the Chair of the Conference of Committee Chairs of 7 April 2016,

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

–  having regard to Regulation No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code(1), and in particular Article 160 thereof,

–  having regard to the recommendation for a decision of the Committee on the Internal Market and Consumer Protection,

–  having regard to Rule 105(6) of its Rules of Procedure,

A.  whereas, following the publication of Commission Delegated Regulation (EU) 2015/2446(2), two errors were detected;

B.  whereas the first error concerns the presumption of a customs declaration laid down in Article 139 of Delegated Regulation (EU) 2015/2446 for some of the types of goods referred to in Article 136(1) of that delegated regulation; whereas the order of the goods listed in Article 136 has changed during the final review of the Act before its adoption, but, by mistake, the references to those goods in Article 139 of that delegated regulation were not updated, and whereas the reference in question should therefore be corrected;

C.  whereas the second error concerns Article 141(1) of Delegated Regulation (EU) 2015/2446; whereas the currently applicable Article 233(1)(b) of Regulation (EEC) No 2454/93, which provides for the possibility, in a number of limited and very specific cases, to deem the crossing of the border to be a declaration for temporary importation, export or re-export, was, by mistake, not included in Delegated Regulation (EU) 2015/2446, and as a result there is no possibility to declare certain goods by the sole act of crossing the frontier of the Union customs territory; whereas Article 141(1) should therefore be corrected;

D.  whereas these two mistakes would affect trade flows and would have a very negative impact on customs administrations and trade if not corrected before 1 May 2016, when Regulation (EU) No 952/2013 will become applicable;

E.  whereas, pursuant to Article 284 of Regulation (EU) No 952/2013, which empowers the Commission to adopt such delegated acts, Delegated Regulation (C(2016)01934) may in principle only enter into force at the end of the scrutiny period of the European Parliament and the Council, which runs two months from the date of notification, i.e. until 5 June 2016, and may be extended by a further two months;

F.  whereas, however, on grounds of urgency the Commission asked on 11 March 2016 for an early confirmation by the European Parliament of Delegated Regulation (C(2016)01934) before 1 May 2016;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1)

OJ L 269, 10.10.2013, p. 1.

(2)

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).

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