Tag Archives: Customs formalities

Schengen Borders Code

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Schengen Borders Code

Outline of the Community (European Union) legislation about Schengen Borders Code

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

Schengen Borders Code

Document or Iniciative

Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) [See amending act(s)].

Summary

This regulation applies to any person crossing the internal * or external * borders of a European Union (EU) country.

External borders

External borders may be crossed only at border crossing-points and during the fixed opening hours.

When crossing an external border, European Union (EU) citizens and other persons enjoying the right of free movement within the EU (such as the family members of an EU citizen) undergo a minimum check. This minimum check is carried out to establish their identity on the basis of their travel documents and consists of a rapid and straightforward verification of the validity of the documents and a check for signs of falsification or counterfeiting. Non-EU country nationals are subject to thorough checks. These comprise a verification of the conditions governing entry, including verification in the Visa Information System (VIS) and, if applicable, of documents authorising residence and the pursuit of a professional activity.

For stays not exceeding three months per a six-month period, a non-EU country national must:

  • possess a valid travel document;
  • possess a valid visa, if required;
  • justify the purpose of his/her intended stay and have sufficient means of subsistence;
  • not have an alert issued for him/her in the Schengen Information System (SIS) for the purpose of refusing entry;
  • not be considered a threat to public policy, internal security, public health or the international relations of EU countries.

If these conditions are not met, entry to the territory is refused, unless special provisions (e.g. for humanitarian reasons) apply.

The travel documents of non-EU country nationals are systematically stamped upon entry and exit. If a travel document does not bear an entry stamp, it may be presumed that the holder does not fulfil, or no longer fulfils, the conditions of stay. However, the non-EU country national may provide any credible evidence of having respected the conditions relating to the duration of a short stay, such as transport tickets or proof of his/her presence outside the territory of the EU countries.

Border checks * are carried out by border guards *. When performing their duties, border guards must fully respect human dignity and may not discriminate against persons on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

EU countries must deploy appropriate staff and resources in sufficient numbers to ensure a high and uniform level of control * at their external borders. They must ensure that border guards are specialised and properly trained professionals. EU countries assist each other with the effective application of border controls. Operational cooperation is coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the EU Countries (FRONTEX).

Internal borders

Irrespective of nationality, any person may cross the internal borders at any crossing-point without checks being carried out. The police may exercise their powers in border zones in the same fashion as elsewhere in their territory, provided that this is not equivalent to the exercise of border checks.

EU countries must remove all obstacles to fluid traffic flow at road crossing-points at internal borders.

Where there is a serious threat to public policy or internal security, an EU country may exceptionally reintroduce border controls at its internal borders for, in principle, a limited period of no more than thirty days. If such controls are to be reintroduced, the other EU countries and the Commission should be informed as soon as possible. The European Parliament should also be informed.

Consultations take place between EU countries and the Commission at least fifteen days before the planned date for the reintroduction of border controls, in order to organise mutual cooperation and to examine the proportionality of the measures to the events giving rise to the reintroduction. The decision to reintroduce border controls at internal borders must be taken in a transparent manner and the public must be informed in full, unless there are overriding security reasons for not doing so.

Under exceptional circumstances, the EU country concerned may reintroduce checks at its internal border immediately, if required by considerations of public order or national security. The other EU countries and the Commission are then notified accordingly.

Background

The Commission communication of 7 May 2002 on the integrated management of external borders set out five essential components for a common policy, including the establishment of a common body of legislation. This was to include a recast of the Common Manual on external borders. The Thessaloniki European Council on 19 and 20 June 2003 invited the Commission to present proposals for said recasting as soon as possible.

This regulation repeals Articles 2 to 8 of the Convention implementing the Schengen Agreement of 14 June 1985 and the Common Manual on external borders.

Key terms used in the act
  • Internal borders: common land borders, including river and lake borders, of EU countries, airports for internal flights, and sea, river and lake ports for regular ferry connections.
  • External borders: EU countries’ land borders, including river and lake borders, sea borders and their airports, river ports, sea ports and lake ports, provided that they are not internal borders.
  • Border control: activities carried out at a border, in response exclusively to an intention to cross a border, and consisting of border checks and border surveillance.
  • Border checks: checks carried out at border crossing-points to ensure that persons, including their means of transport and the objects in their possession, may be authorised to enter or leave the territory of the EU countries.
  • Border guard: any public official assigned, in accordance with national law, to a border crossing point or along the border or the immediate vicinity of that border and who carries out border control tasks.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 562/2006

13.10.2006

–

OJ L 105 of 13.4.2006
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 296/2008

10.4.2008

–

OJ L 97 of 9.4.2008
Regulation (EC) No 81/2009

24.2.2009

–

OJ L 35 of 4.2.2009
Regulation (EC) No 810/2009

5.10.2009

–

OJ L 243 of 15.9.2009
Regulation (EU) No 265/2010

5.4.2010

–

OJ L 85 of 31.3.2010

AMENDMENT OF ANNEXES

Annex V, Part A – Procedures for refusing entry at the border:

Regulation (EC) No 810/2009 [Official Journal L 243 of 15.9.2009].

Related Acts

Council Decision 2010/252/EU of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the management of Operational Cooperation at the External Borders of the Member States of the European Union [Official Journal L 111 of 4.5.2010].

Report from the Commission to the European Parliament and the Council of 21 September 2009 on the operation of the provisions on stamping of travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) [COM(2009) 489 final – Not published in the Official Journal].

A paperless environment for Customs and Trade

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A paperless environment for Customs and Trade

Outline of the Community (European Union) legislation about A paperless environment for Customs and Trade

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Customs

A paperless environment for Customs and Trade

Document or Iniciative

Decision No 70/2008/EC of the European Parliament and the Council of 15 January 2008 on a paperless environment for customs and trade [Official Journal L 23/21 of 26.1.2008].

Summary

This decision is intended to promote electronic customs in the EC.

Objectives

Following the Commission’s 2003 communication on creating a simple and paperless environment for customs and trade, the Commission is proposing to set up secure, integrated, interoperable and accessible electronic customs systems.

Customs systems supply pan-European e-government services which facilitate imports and exports, by reducing costs and coordinating procedures. They also provide for the exchange of data between the customs administrations of the Member States, traders and the Commission. Supply chain logistics and customs processes are thereby improved and facilitated.

Measures

If the objectives set out in the decision are to be met, it will be necessary to:

  • harmonise the exchange of information;
  • review customs processes with a view to optimising their efficiency and effectiveness;
  • offer traders a wide range of electronic customs services.

The Commission’s role

The Commission will coordinate:

  • the setting-up, testing, operation, and maintenance of the Community components of the computerised systems;
  • the systems and services set out in this proposal with other projects concerning e-government services;
  • the parallel development of national and Community elements;
  • automatic customs services and single window services at a Community level;
  • the completion of the tasks allocated to it under the multiannual strategic plan;
  • training needs.

The Commission will monitor progress with regard to the Customs Policy Group. In addition, the Commission will initiate regular consultations with the economic stakeholders concerned.

Role of the Member States

The Member States will ensure the following:

  • the setting-up, testing, operation, and maintenance of the national components of the computerised systems;
  • the coordination of the systems and services provided for in this decision with other relevant projects relating to e-government at national level;
  • the completion of the tasks allocated to them under the multiannual strategic plan;
  • the promotion and implementation at national level of electronic customs services and single window services;
  • training for officials.

Timetable for automated customs services

The decision contains a list of systems and databases and sets out the timetable for their implementation. It makes provision for single window services within six years.

Financing

The action programme for customs in the Community (Customs 2007) covers the sharing of financing for the IT projects, based on their Community or national character. Cost-sharing models shall be developed by the Member States.

BACKGROUND

The implementing measures have been updated several times. They were last updated by Regulation (EC) No 450/2008, which provides for the use of information and communication technologies by the customs administrations.

This decision is connected with the initiative on the interoperable delivery of pan-European e-government services to public administrations, businesses and citizens (IDABC); it also follows directly on from the e-Europe programme and the e-Government programme (government on-line services).

References

Act Entry into force Transposition Deadline for Member States Official Journal
Decision 70/2008/EC 15.2.2008 – OJ L 23, 26.1.2008

Related Acts

Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) [Official Journal L 145, 4.6.2008].

Customs 2013

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Customs 2013

Outline of the Community (European Union) legislation about Customs 2013

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Police and customs cooperation

Customs 2013 (2008-2013)

Document or Iniciative

Decision No 624/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing an action programme for customs in the Community (Customs 2013).

Summary

The aim of the Customs 2013 programme is to help customs administrations in participating countries to facilitate legitimate trade and to simplify and speed up customs procedures. The programme will start on 1 January 2008 and end on 31 December 2013.

Objectives

The main objectives of the Customs 2013 programme are:

  • supporting the development of a pan-European electronic customs environment which ensures that customs activities match the needs of the internal market, guarantees the protection of the EC’s financial interests and increases safety and security;
  • contributing to the creation of a modernised customs code;
  • increasing cooperation between customs administrations so that they carry out their tasks as effectively as if they were a single administration;
  • increasing international customs cooperation between EU customs administrations and third countries customs authorities in the field of supply chain security;
  • preparing for enlargement, including the sharing of experience and knowledge with the customs administrations of the countries concerned;
  • developing cooperation and exchange of information and best practices with the customs administrations of third countries, in particular candidate countries, potential candidate countries and partner countries of the European Neighbourhood Policy;
  • standardising and simplifying customs systems and controls to reduce the administrative burden and the cost of compliance for economic operators;
  • identifying, developing and applying best working practices.

Action

Customs 2013 will include activities in the field of communications systems and exchange of information, comparative analyses, seminars and workshops, project groups and steering groups, working visits, training activities and monitoring activities.

Participation in the Programme

The countries participating in the Customs 2013 programme are the EU Member States. The programme is also open to candidate countries benefiting from a pre-accession strategy, potential candidate countries (after the conclusion of framework agreements concerning their participation in Community programmes) and certain partner countries of the European Neighbourhood Policy (provided that a sufficient level of proximity has been attained and in compliance with relevant framework agreements).

Budgetary implications

The Customs 2013 programme will run for a period of six years, in accordance with the Financial Perspectives 2007-13. The amount to be borne by the Community budget is EUR 328.8 million.

BACKGROUND

Customs 2013 continues the activities carried out in the framework of the previous customs programmes, in particular Customs 2007, and supports the increasingly important development of e-customs.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision No 624/2007/EC 4.7.2007 – OJ L 154 of 14.6.2007

Related Acts

Communication from the Commission to the Council and the European Parliament of 6 April 2005, ‘Community programmes “Customs 2013” and “Fiscalis 2013″‘ [COM(2005) 111 final – Not published in the Official Journal].
Pending its proposal for the future Customs 2013 (2007-2013) programme, the Commission proposes extending the Customs 2007 programme. The Commission believes that the Customs programme contributes to the aim of sustainable economic growth. One of the objectives of the 2013 programme is to ensure the smooth flow of external trade, while applying effective controls on goods. As in previous programmes, activities are intended to contribute to the smooth functioning of the internal market and preparing and ensuring the common implementation of Community customs legislation. In addition, the new programme must respond to new challenges and changes currently taking place, for example with respect to safety (management of external borders and control of the whole international supply chain), the creation of an electronic customs environment and the fight against counterfeiting and piracy.

Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting an action programme for customs in the Community (Customs 2007).
The Customs 2007 programme (2003-2007) is intended to support and complement operations undertaken by the Member States to safeguard the functioning of the internal market in the customs field. This Decision will be repealed with effect from 1 January 2008.

1982 International Convention on the Harmonization of Frontier Controls of Goods

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1982 International Convention on the Harmonization of Frontier Controls of Goods

Outline of the Community (European Union) legislation about 1982 International Convention on the Harmonization of Frontier Controls of Goods

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Customs

1982 International Convention on the Harmonization of Frontier Controls of Goods

Document or Iniciative

Council Regulation (EEC) No 1262/84 of 10 April 1984 concerning the conclusion of the International Convention on the Harmonization of Frontier Controls of Goods [Official Journal L 126 of 12.5.1984].

Summary

The EC is a party to the International Convention on the Harmonization of Frontier Controls of Goods signed in Geneva on 21 October 1982 in the framework of the United Nations. The Convention is intended to streamline administrative procedures and remove cross-border technical barriers.

It applies to all goods being imported or exported or in transit, when they are moved across one or more maritime, air or inland frontiers.

The Convention is part of the external trade policy, which is an area of exclusive Community competence.

Parties to the Convention are committed to streamlining administrative procedures at borders and reducing the number and duration of controls carried out by customs authorities. This commitment should be reflected in:

  • cooperation and coordination between customs and other services for monitoring goods;
  • the provision of qualified personnel with the necessary equipment at the place where the controls are to take place; official instructions to officers for acting in accordance with international agreements;
  • cooperation with the competent international bodies, in order to facilitate new multilateral or bilateral agreements;
  • arrangements for the joint control of goods and documents by neighbouring countries that share a border; opening hours of frontier posts, categories of goods, modes of transport and international customs transit procedures should correspond;
  • the exchange of information required for controls to be effective;
  • documents aligned on the United Nations Layout Key.

Goods in transit are to receive simple and speedy treatment when they are transported in conditions that provide adequate security. Controls may however be carried out if there is a threat to public safety.

Customs clearance for goods covered an international customs transit procedure is to be facilitated by an extension of the hours and the competence of existing customs posts.

Goods are subject to customs controls as described in Annex 1. These controls are to ensure compliance with the laws and regulations in force at borders. Other types of controls may also be carried out, also at points within the country.

Customs services are in charge of organising cooperation and coordination with other goods control services so as to expedite the passage of goods.

Instructions regarding these controls are to be found in the annexes below. They comprise:

  • medico-sanitary inspections carried out for the protection of the life and health of persons (Annex II);
  • veterinary inspections, applied to animals or animal products and their conditions of transport (Annex III);
  • phytosanitary inspections intended to prevent the spread and the introduction across national boundaries of pests of plants and plant products (Annex IV);
  • control of compliance of goods with national and international laws and regulations (Annex V);
  • quality control of goods to ensure that they correspond to the minimum international or national definitions of quality (Annex VI);
  • rules of procedure of the administrative committee for the Harmonisation Convention concerning the amendment procedure for the Convention (Annex VII).

Prohibitions or restrictions relating to importation, exportation, or transit remain applicable when they are imposed for reasons of public safety*. Emergency measures may also be introduced if necessary.

The Convention does not preclude the right of regional economic integration organisations to apply their own legislation at their internal frontiers. It enables preferences and financial facilities to be maintained, on condition that they do not reduce in any way the facilities deriving from this convention.

Disputes between the parties are to be settled by negotiation or by voluntary recourse to arbitration.

Key terms used in the act

  • Public safety: Defending public safety implies defending the safety and security of the public, morality, health, the environment, cultural heritage and industrial, commercial and intellectual property.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EEC) No 1262/84 1.6.1984 – OJ L 126 of 12.5.1984

Related Acts

AMENDMENTS TO THE ANNEXES

Annex 8 – Facilitating border crossing procedures for international road transport:


Council Decision 2009/161/EC of 25 September 2008 Approving on behalf of the Community Annex 8 to the International Convention on the Harmonisation of Frontier Controls of Goods.

The new Annex 8 to the International Convention on the Harmonisation of Frontier Controls of Goods entered into force on 20 May 2008.

The new measures aim at simplifying and coordinating administrative procedures dealing with the following aspects:

  • the granting of visas for professional drivers, by facilitating procedures and the exchange of information between professionals;
  • international transport operations, by speeding up border crossing procedures for goods, particularly for urgent consignments, such as live animals and perishable goods;
  • the technical control of road vehicles, by accepting the International Technical Inspection Certificate and the identification of ATP vehicles carrying perishable goods;
  • the acceptance of the International Vehicle Weight Certificate, aiming at avoiding repetitive weighing procedures at border crossings, apart from random checks or in the case of supposed irregularities. Weight measurement shall take place in the country of origin of international transport operations;
  • efficient border crossing points with suitable infrastructures.

The effective implementation of the Annex by the Contracting Parties will be monitored by the United Nations Economic Commission for Europe who will produce a report every second year.

COMMUNITY LAW

Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls to be performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules [Official Journal L 165 of 30.04.2004].

Corrigendum to the Regulation [Official Journal L 191 of 28.05.2004].

The Regulation is intended to organise the official controls performed on animal feed and food in the framework of Community legislation.

INTERNATIONAL PRIVATE LAW

EEC/UN ATP Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (entry into force on 1 September 1970, amended on 7 November 2003).

International Convention on the Harmonization of Frontier Controls of Goods (entry into force 12 May 1984).

Modernised Community Customs Code

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Modernised Community Customs Code

Outline of the Community (European Union) legislation about Modernised Community Customs Code

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Customs

Modernised Community Customs Code

Document or Iniciative

Regulation (EC) No. 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) [Official Journal L 145 of 04.06.2008].

Summary

The Modernised Customs Code creates a new electronic customs environment. The new Code integrates the common customs procedures in the Member States while reinforcing convergence between the computerised systems of the 27 customs authorities. It will replace the 1992 Customs Community Code, once the necessary implementing provisions are adopted and made applicable, at the latest by 24 June 2013. In the interim period the existing code applies.

The Code’s provisions

The 2008 Modernised Customs Code covers:

  • general provisions on the scope of customs legislation, the mission of customs and the rights and obligations of persons with regard to customs legislation;
  • factors on the basis of which import and export duties and other measures in respect of trade in goods are applied (Common Customs Tariff, origin of goods, value for customs purposes);
  • customs debt * and guarantees of this debt;
  • customs treatment of goods brought into the customs territory of the Community;
  • rules on customs status, placing goods under a customs procedure, as well as verification, release * and disposal of goods;
  • release for free circulation and relief from export duties;
  • special customs procedures organised into four economic functions (transit, storage, specific use, processing);
  • customs treatment of goods leaving the customs territory of the Community (goods leaving the territory, export and re-export, relief from export duties);
  • the Customs Code Committee and procedures enabling the Commission to adopt the measures implementing the Code.

New provisions regarding the streamlining of customs procedures to facilitate trade and prevent new threats.

Thus through strengthening the common regulatory and operational framework of customs authorities, the Code introduces modern processes based on electronic techniques in order to:

  • guarantee as a general rule the simplification and uniform application of customs legislation;
  • improve customs controls, which are based primarily on a risk analysis as part of a common risk management * framework. Controls other than customs controls should, wherever possible, be performed at the same time as customs controls at a ‘one-stop-shop’;
  • facilitate clearance procedures, which will be fully computerised, will offer maximum simplifications and can be carried out centrally;
  • streamline current ‘economic and/or suspensive’ customs procedures , which have been reorganised into ‘special procedures’ enabling the transit (external and internal), storage (temporary storage, customs warehousing, free zones), specific use (temporary admission or end-use), and processing (inward or outward processing) of goods to better respond to the economic needs of the operators and to simplify access to them.

Following the 2003 Communication ‘A simple and paperless environment for customs and trade’, the use of information and communication technologies has become the rule.

Common information systems enable data exchange between customs authorities and compliance with data-protection provisions. In particular these systems are concerned with:

  • formalities carried out by economic operators *
  • customs procedures (centralised clearance in particular) and the registration/approval of economic operators (identification and registration of economic operators: EORI; granting of the status of authorised economic operator – ‘customs simplification’ and/or ‘security and safety’: AEO);
  • risk management through a common framework between the Commission and Member States. This will enable customs authorities to carry out controls based on national, Community and international analyses.

Common system of value added tax

The new legal framework will simplify customs procedures for trade in goods between parts of customs territory of the Community to which Council Directive 2006/112/EC on the common system of value added tax applies and parts to which it does not apply.

Context

The Community Customs Code has been modernised following the expiry of the ECSC Treaty and the two successive enlargements of the European Union. Furthermore, it now conforms with the International Convention on the simplification and harmonisation of customs procedures, and the Charter of Fundamental Rights of the European Union.

Key terms of the act
  • Economic Operator: a person who, in the course of his business, is involved in activities covered by customs legislation.
  • Release of goods: the act whereby the customs authorities make goods available for the purposes specified for the customs procedure under which they are placed.
  • Risk: the likelihood of an event that may occur, with regard to the entry, exit, transit, transfer or end-use of goods moved between the customs territory of the Community and countries or territories outside that territory and to the presence of goods which do not have Community status, which would have any of the following results: it would prevent the correct application of Community or national measures; it would compromise the financial interests of the Community and its Member States; it would pose a threat to the security and safety of the Community and its residents, to human, animal or plant health, to the environment or to consumers.
  • Customs debt: the obligation on a person to pay the amount of import or export duty which applies to specific goods under the customs legislation in force.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No. 450/2008 [adoption: Co-decision COD/2005/0246]

24.6.2008

–

OJ L 145 of 4.6.2008

Related Acts

Decision No. 70/2008/EC of the European Parliament and of the Council of 15 January 2008 on a paperless environment for customs and trade [Official Journal L23/21 of 26.1.2008].