Brussels, 21/06/2007 (Agence Europe) - The ambassadors of EU member states reached a political agreement, on Wednesday 20 June, on the proposal for a regulation to establish a modernised customs code (see EUROPE 9320). The agreement will be confirmed without debate at ministerial level during the Competitiveness Council on 25 June. European institutions aim to reach final adoption of the regulation at second reading in 2008, the year marking the 40th anniversary of the customs union. The proposal for a regulation will in due course replace Regulation (EC) No 2193/1992.
The legislative proposal comprises three major innovations. The first concerns centralised customs procedure. According to the compromise reached in the Council, customs authorities may authorise a company to deposit a customs declaration concerning goods presented in another customs office of the European Union at the customs office for the place where that company is established. The idea is to separate the “accounting” chapter (administrative operation) from the “physical” chapter (movement of goods) for customs operations. This is a real innovation for economic operators, and not only sets up a true network of information exchange on duties and taxes, but also concerns security, a diplomatic source states.
The second innovation of the regulation relates to access to the profession of customs agent. The Commission takes the view that accreditation to this profession should not be covered by the modernised customs code. In its opinion at first reading, the EP took a stance in favour of liberalising the profession and set out criteria necessary for obtaining the status of customs agent (see EUROPE 9327). The Council follows a different approach. “Direct customs clearance will be possible if one knows how to do it” but “access to the profession” of customs officer “remains under member state competence”, the same source explains. According to the text of the compromise, member states may define the conditions in which a customs representative may provide services within the EU.
Generalisation of simplified procedures is the third major innovation of the future European legislation. The draft regulation mainly introduces the possibility for customs authorities to grant a company the status of “authorised economic operator” (AEO). The holders of such a status should prove that they can comply with their customs and tax obligations over a sufficient period of time, use an effective system for managing commercial documents, that they are solvent and professionally qualified for the activity they carry out, and have set adequate security and safety norms in place. It is desirable that the status of AEO be of interest to large European companies that conduct 75% to 80% of all customs operations. (mb)