AVE International · Trade and business associations · DE
Revision of the Union Customs Code Transparency Register Identification Number: 253738550723-61 Remarks AVE and its Members appreciate the opportunity to provide further feedback on the Revision of the Union Customs Code, complementing our previous remarks in this regard. We would like to take this opportunity to highlight some of the key parameters which essentially need to be addressed with any reform resp. revision of the Union Customs Code and thank you for considering the following.
…to be addressed with any reform resp. revision of the Union Customs Code and thank you for considering the following. Key 1: Lack of harmonized and uniform implementation of UCC on Member State Level Point in time, many investigations and reports, such as the ones from EAC or the Wise Persons Group, have indicated a lack of a harmonized and uniform implementation of the UCC on the Member States Level, and the obstacles and disadvantages that are related hereto for European Economic Operators and the single market in general. While the European Commission emphasizes that the upcoming revision will tackle this very issue, one might argue to what extent the proposed measures will be able to overcome this lack of harmonization, as the Commission itself stated: “The operational management of the Customs Union … depends on the willingness of Member States to cooperate”?
…stated: “The operational management of the Customs Union … depends on the willingness of Member States to cooperate”? This will remain valid even with the establishment of an EU Customs Authority. Experience has shown that providing more policy will not yield to solutions and help overcome such inadequacies and shortcomings; rather the current mix of legal bases mixed with national regulations (as deemed necessary or convenient) by respective competent customs authorities needs to be tackled as one of the causes for such lack of uniform implementation. A harmonized and uniform implementation is obviously key to a real single market and customs union. Key 2: Full Implementation of UCC benefits to economic operators The desire of the Commission to strive for more efficiency with the upcoming revision of the UCC is duly noted.
…desire of the Commission to strive for more efficiency with the upcoming revision of the UCC is duly noted. Nevertheless, we would like to emphasize again the lack of full deployment of the current UCC, in particular with regard to the advantages and the benefits it was supposed to provide for European Economic Operators (e.g. Central Clearance, security deposit covering all granted authorizations etc. ). Addressing the materialization of the already (theoretically) existing benefits for economic operators will therefore be an actual step forward. It is evident that the lack of being able to fully unleash such benefits is due to the current infrastructure and the (ongoing) MASP. Getting the MASP in full operation and getting all resources in place to do so on the national and European level should therefore enjoy (as least as much) priority as the revision of the UCC.
…do so on the national and European level should therefore enjoy (as least as much) priority as the revision of the UCC. In addition, authorizations such as the AEO also still do not allow full Außenhandelsvereinigung des Deutschen Einzelhandels e.V. Am Weidendamm 1A D - 10117 Berlin www.ave-international.de Ref. Ares(2023)7538822 - 07/11/2023 utilization of benefits as intended resp. varying benefits along member states (please see Key 1). Depending on the actual design of the proposed Trust & Check Trader, irrespective of the application process, the full granting of benefits related thereto should be in focus. Key 3: Simplification The objective to have a simpler Customs Union with the upcoming revision is also duly noted.
Key 3: Simplification The objective to have a simpler Customs Union with the upcoming revision is also duly noted. All measures of the European Commission that are more or less linked to the Green Deal-Initiative, such as CBAM, the Regulation on deforestation-free products or the Regulation on prohibiting products made with forced labour, as well as existing and upcoming supply chain laws, allocate customs and customs authorities a prominent role in the monitoring and execution of these regulations, with a tendency of overwhelming all affected parties and thus counteracting any simplification efforts. Meanwhile, with the revision proposals, established and accepted current solutions such as the temporary storage are to enjoy proposed time restrictions, i.e.
…established and accepted current solutions such as the temporary storage are to enjoy proposed time restrictions, i.e. the reduction of the respective period down to three (six) days, which in practical terms will be an enduring challenge for all economic operators and rather complicate custom process all the way to free circulation, while at the same time any advantages related to such a reduction will not set off the disadvantages it brings along. While proposals such as the abolition of the 150 Euro threshold will also impair simplicity, it will be at the benefit of an effective risk management and level playing field which therefore overlays such an impairment. This balancing of costs versus benefits is also valid for the proposal of the so called “Deemed Importer”.
…impairment. This balancing of costs versus benefits is also valid for the proposal of the so called “Deemed Importer”. With regard to the proposed EU Data Hub, which will replace or complement the Single-Window-Environment and further applications at the European Level, given the right design, functionality and operability for all economic operators, such an application will highly enhance foreign trade activities. We will gladly remain at EC disposal for any further inquiries, as well as to deliver further input to this revision process. AVE (Foreign Trade Association of German Retailers) is the voice of retail importers in Germany. Since its foundation in 1952, it has represented the external economic interests of the German retail trade which needs friction-free import of all nature of consumer goods in the framework of its global purchasing policy.
…which needs friction-free import of all nature of consumer goods in the framework of its global purchasing policy. In addition, AVE is committed to strict observance of social and environmental standards in supplier countries. Taken together, AVE members have a total annual turnover of around 230 billion Euros. Berlin, November 6th, 2023 Contact Person: Murat Özdemir