Customs limits making of declarations through a port community platform

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Dear Taxation and Customs Union,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

Today we can sent a ENS or Temporary Storage declarations directly to the portal of Customs. We also can do this through a communication provider. Customs wants to limit this in the future to 3 or 4 community systems. Is it allowed that customs makes this mandatory or must the option of direct communication be left open ?
If it is allowed, can the communoty system charge a fee for this service ?
The customs have also the intention to expand this communication system for customs declaration in the future. Is that allowed ?

Yours faithfully,

Johan Geerts

Taxation and Customs Union

1 Attachment

Dear Mr Geerts,

 

Please find the replies to your question in red :

 

Under the right of access to documents in the EU treaties, as developed in
Regulation 1049/2001, I am requesting documents which contain the
following information:

 

Today we  can sent a ENS or Temporary Storage declarations directly to the
portal of Customs. We also can do this through a communication provider. 
Customs wants to limit this in the future to 3 or 4 community systems. Is
it allowed that customs makes this mandatory or must the option of direct
communication be left open ?  Regarding the submission of Entry Summary
Declarations it is a matter of fact that all Member States decided to use
the centrally operated Shared Trader Interface but formally it is still
the national interface of the Member State that is addressed and it is of
no relevance for the economic operator by whom the interface is
technically operated. Also the submission of messages by a technical
service provider is in no way restricted.

 

Temporary Storage declaration systems are the responsibility of the Member
States to implement so it is for them to decide the channel/channels
through which those declarations can be submitted. The important point
from the Commissions’ perspective is that it meets the requirements laid
down in the Union Customs Code.

 

If it is allowed, can the community system charge a fee for this service ?
This is a national matter within the legal framework of Article 52
Regulation (EU) No 952/2013 of the European Parliament and of the Council
laying down the Union Customs Code.

The customs have also the intention to expand this communication system
for customs declaration in the future. Is that allowed ? As stated above
in relation to Temporary Storage, the national import declaration systems
are to be implemented by the Member State administrations and so as long
as the UCC requirements are met then the means of implementation is a
national decision.

 

 

Kind regard

 

 

TAXUD UNIT B1

 

[1]cid:image003.jpg@01CDD2DC.69AD8530
European Commission
DG TAXUD – B1 unit
Processes & Data, Customer Relationship and Planning
J-79 05/086
B-1049 Brussels/Belgium
+32 2 299 95 11
[email address]

 

 

 

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