EU UCC - Developments and Trade Facilitation - Fredrik Mogren Legislative officer - Rotterdam ...

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EU UCC - Developments and Trade Facilitation - Fredrik Mogren Legislative officer - Rotterdam ...
EU UCC – Developments
 and Trade Facilitation
             Fredrik Mogren
               Legislative officer
 for Philip Kermode, European Commission Director
                      Customs
                   DG TAXUD

                  29 March 2019
         Rotterdam School of Management
                Erasmus University

                                                    1
Role of customs

•   Protecting the financial interests of the EU & Member States
•   Protecting the EU from unfair and illegal trade (e.g. counterfeit,
    firearms, smuggled cultural goods, endangered species) while
    supporting legitimate business activity
•   Ensuring the security and safety of the EU, and protection of the
    environment, where appropriate in close cooperation with other
    agencies (e.g. phytosanitary, environment, agriculture)
•   Balancing customs controls with trade facilitation

                                                       2
EU customs and trade facilitation
• Over 2000 EU customs offices, many operating 24
    hours per day and 365 days a year
•   9 customs declarations and over 100,000 EUR of value
    handled per second in EU
•   99% of customs declarations now made electronically
•   Even customs declarations submitted under standard
    procedure (i.e. where no simplified procedures are
    availed of) generally cleared within 1 hour (93% in
    2016).
                                           3
UCC – some key elements for trade
 Full automation/total shift to paperless via 17
new/ upgraded IT systems (14 trans-European; 3
national)
 More simplification, efficiency and speed
 EU wide common implementation
 Fit for purpose customs rules
 Reinforce AEO status: benefits for obligations
 WTO Trade Facilitation Agreement fully
reflected
                                       4
Why did we decide to adopt the UCC?
Some reasons
• Adapt regulation to trade realities and modern
  reporting and communication tools
• Strengthen legal certainty and predictability
• Protect financial interests of EU and Member States
• Join up customs across the EU and implement the
  same way
• Adaptation of customs rules to Lisbon Treaty
  requirements (Delegated Acts and Implementing Acts)
                                        5
UCC Legal Architecture
                                                                   Implementing
                                                                   Act and Work
Customs Code
                        COM adopts
                                              EP/Council
                                           "general" right of
                                                                   Programme –
Committe votes
                                               scrutiny
                                                                      “how”

                                                                  Delegated
Discussed in the
                                                                    Acts-
                                       EP/Council may
Customs Expert         COM adopts
    Group
                                       object adoption
                                                                   “what”
                                                                Basic Act –
        COM Proposal
                          Co-decision by
                             EP and
                             Council
                                                                  UCC-
                                                                Core principles
                                                                           6
UCC Calendar

• 9/10/2013: Adoption of the UCC
• 29/04/2014: Adoption of the Work Programme (IT)
• 1/5/2016: Application of the Code and beginning of work of
    developing electronic systems for the application of the
    procedures which depend on IT systems
•   1/5/2019: Deadline for reassessment of authorisations
    under the old Code
•   31/12/2020 (soon 2025): Deadline for implementation of IT
    systems and end of the transitional period
                                              7
IT transition
• UCC Work Programme foresees 17 new or
  updated IT systems for the completion of
  customs formalities
• Transitional rules apply while the IT systems are
  not yet operational: these allow continued use of
  existing versions of IT systems (e.g. transit) and
  some paper-based systems

                                        8
Proposals to modify the UCC
• In April 2018, the Commission proposed to amend the
    UCC to postpone from 2020 to 2025 the deadline for
    completion of 7 of the UCC trans-European electronic
    systems
•   Compromise agreed by EP and Council allows until 2022
    for 3 national systems plus annual progress report
•   Adopted by EP on 13 March and expected adoption by
    Council on 9 April
•   Signature, publication and adoption to follow
                                           9
Reasons for needing more time
• 2020 was always an ambitious date, linked to the MFF
    2014-2020. Both trade and MS expressed wish for a
    longer/more orderly introduction of the systems.
•   Delay in adopting legal rules for the design of the IT
    systems (UCC Delegated & Implementing Acts)
•   Data harmonisation difficulties: introducing new data
    elements requires a full reprogramming of existing IT
    systems
•   Sequencing: the systems are closely interlinked and
    need to be introduced in the right order
                                                        10
New UCC IT planning until 2025
2017         2018        2019    2020       2021           2022          2023       2024   2025
1. REX       5. AEO               11. INF      9. NCTS (update) (Phase 5 & Phase 6)

2. BTI                                                                     8. PoUS

3.
               6. EORI                                                          16. GUM
Customs
               2
Decisions
4. Digital     7. SURV
Signature      3

                                                    10. AES (update)
                           12. Special Procedures
                                                    17. ICS 2 (update)
                           13. NA, PN, TS
                                                        15. CCI Phase 1 & Phase 2
                           14. Nat. Import System                          11
Implications of the postponement
No major negative impact on the customs union
• Continued use of the existing version of some IT systems
(e.g. transit) and of some paper based procedures
• Progressive introduction of elements of postponed
systems:
   Harmonisation of entry summary declarations by 2021
    & export and transit declarations by 2023
   Automated monitoring of the use of comprehensive
    guarantees by 2024
   Automated Centralised Clearance will progressively be
    possible between 2021 and 2025                      12
Other UCC package amendments
• Amendment to the UCC to bring Campione d’Italia into the
    EU customs territory and to make some other technical
    amendments – to enter into force shortly
•   Amendment to UCC Delegated Act to synchronise
    obligation to declare low value consignments with the new
    VAT rules for E-commerce to be implemented from
    1/1/2021 – adopted by COM and now with EP and Council
    for scrutiny
•   Amendments to UCC Implementing Act – to implement
    customs reporting obligations required under the new VAT
    rules for e-commerce and rules to prevent abuse of
    Customs Procedure 42/62 – under preparation
                                              13
i) UCC benefits for trade - AEO specific
• Customs simplifications (e.g. Centralised Clearance,
    EIDR, Self-Assessment, Guarantee waivers/reductions)
•   Fewer physical and document based controls
•   Prior notification of controls, priority in the carrying out of
    controls and choice of place of controls
•   Recognition in other countries under mutual recognition
    agreements
•   Customs representatives with AEO status can provide
    their services in all Member States
                                                   14
ii) UCC benefits for trade (contd.)
• EIDR (Entry into Declarants' Records): for reliable
    traders, customs may accept company records for
    declarations
•   Reductions of guarantees if some AEO criteria fulfilled
•   IT changes (particularly Centralised Clearance)
•   More uniform application by MS of customs rules
•   Simplified rules on use of customs procedures (inward
    processing, outward processing etc.)
•   Requirement for customs to maintain regular dialogue
    with economic operators and take views 15into account
International cooperation

• EU very active at international level to ensure
    international agreement on balancing trade facilitation
    with customs controls
•   Common        international standards,      agreed    at
    organisations such as the WTO, WCO, UPU and ICAO,
    will help lower costs/burdens for genuine economic
    operators
•   Work is ongoing on enlarging the network of agreements
    on customs cooperation and mutual assistance with
    other countries                          16
Upcoming work to facilitate trade

• E-manifest pilot – work with "DG MOVE"
    colleagues in COM on harmonisation of all
    maritime reporting formalities including customs
•   Creation of a Single Window environment

                                       17
The challenges ahead (1)
• Gearing up the IT challenge both in Trade, MS
  and COM
• Delivering common implementation in all MS
• Fleshing out the new simplifications while
  guaranteeing control effectiveness
• Ensuring the continuing label of quality that is
AEO
                                       18
The challenges ahead (2)

• Continuing and reinforcing co-operation between
all
     stakeholders
•   Strengthening synergy between tax and customs
•    Focussing on governance of the Customs
     Union to make for seamless interaction and co-
     operation
•   Interacting with the wider world to ensure
                                          19   more
     effectiveness in customs processes across the
Conclusion
• Consultation is key – trade representatives at
    meetings with MS where updates to UCC package
    discussed contribute significantly to good solutions
•   Cooperation with AEOs and trusted traders key to
    helping customs manage EU’s borders – win-win
    arrangement
•   Need to be flexible and re-assess in the light of new
    developments - tackle problems quickly
•   Importance of guidance, on which trade also
    consulted, help common interpretation/implementation
•   Transparency applies in EU customs! 20
Thank you

            21
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