DHL Group

Brussels Corporate Representation EU Public Affairs DHL Group position on Commission proposals to reform the EU Customs Union (COM (2023) 257 / COM (2023) 258 final / COM (2023) 259 final / COM (2023) 262 final) General DHL Group welcomes the opportunity to comment on the Commission proposals to reform the EU Customs Union. The input from companies in the logistics sector such as DHL Group is critical. As we continue to cooperate on the IT developments under the current Union Customs Code (UCC) implementation, which is still ongoing, we need to contribute at the earliest possible stage to this proposed fundamental and wide- ranging reform. DHL Group, its Business Units and their associations, need to be consulted and involved in the preparation of the detailed implementation rules.

…and their associations, need to be consulted and involved in the preparation of the detailed implementation rules. The customs reform is an ambitious set of proposals that, if implemented under realistic conditions which are “fit for purpose”, could possibly address the challenges both economic operators and customs authorities are currently facing. While the reform contains highly innovative concepts, details are lacking and require further work to ensure the new framework will support trade facilitation for legitimate trade. Detailed comments Trust and Check Trader (T&C Trader) [Articles 24-27 of COM (2023) 258 final] DHL Group acknowledges that the proposal contains positive elements that can benefit several traders. The concept of Trust and Check Trader builds on existing concepts such as Authorized Economic Operator (AEO).

…traders. The concept of Trust and Check Trader builds on existing concepts such as Authorized Economic Operator (AEO). The new Trust and Check Trader status could provide benefits and simplifications extending beyond the current advantages provided to AEO, including the possibility to give part of the data on the goods after the release, perform certain controls and release (self-release), self-assessment on the customs debt and deferred payment. It is important all economic operators are involved in the development of the implementing legislation to ensure that T&C Trader status can be easily obtained and maintained, including by SMEs. In addition, we note that the current text limits access to T&C Trader (and the associated facilitation measures) to importers and exporters.

…the current text limits access to T&C Trader (and the associated facilitation measures) to importers and exporters. Other actors in the supply chain must act as importers or exporters to be eligible to apply for T&C Trader status. Furthermore, a customs representative will only be able to benefit from the T&C Trader facilitation measures in a limited number of circumstances. A customs representative having the status of T&C Trader will only be recognized as such when acting as indirect representative. When acting as a direct Ref. Ares(2023)7314195 - 26/10/2023 Brussels Corporate Representation EU Public Affairs representative, the customs representative will only be recognized as T&C Trader if the represented person has also been granted such status.

…representative will only be recognized as T&C Trader if the represented person has also been granted such status. DHL Group considers that logistics’ service providers in their own role and with the associated tasks and responsibilities, play a sufficiently important role in the supply chain to be able to apply directly for the T&C Trader status and benefit directly from the simplifications provided for, also without being considered as importer or exporter. Like AEO, any person should be able to apply for T&C Trader status provided they meet the prescribed criteria. DHL Group notes that - with the introduction of the new concept of the T&C Trader status - there will be a sunsetting of the AEO Simplification status and only the AEO Safety and Security status will be kept.

- there will be a sunsetting of the AEO Simplification status and only the AEO Safety and Security status will be kept. As a result, traders will be faced with an “all or nothing” situation, as it is uncertain whether SMEs will be able to obtain T&C Trader status. Finally, it is unclear whether the proposed reform will have an impact on Mutual Recognition Agreements on AEO which the EU has concluded with 3rd countries. Finally, one of the conditions for T&C Trader status is to provide access by authorities to operators’ systems. It is unclear whether this access could be limited and whether safeguards would be introduced. This requirement raises concerns in terms of being able to control access to confidential business data as well as in terms of potential IT information security risks. DHL Group recommendations

…to confidential business data as well as in terms of potential IT information security risks. DHL Group recommendations 1. Keep the AEO Simplification status (and advantages) and create the T&C Trader status with more facilitation on top of the existing AEO Simplification. 2. Allow any person to apply for T&C Trader status, irrespective of whether they act as an importer or exporter if they meet the underlying criteria for qualification.

…irrespective of whether they act as an importer or exporter if they meet the underlying criteria for qualification. 3. Include safeguards, in terms of data confidentiality as well as to prevent cybersecurity risks when authorities access systems which may compromise the whole system itself and threaten operators’ systems as well. EU Customs Data Hub (EU CDH) [Articles 29-40 of COM (2023) 258 final] Although details on how the shift from a declaration-based to a data-led system are not yet defined, it is expected that all relevant information in the context of imports and exports from current and new sources – importers, carriers, platforms, etc. - are to be provided or made available to the EU and national authorities via a central platform to enable a better customs surveillance of goods, as well as monitoring the compliance of traders. While ambitious, the EU CDH is a desirable…

While ambitious, the EU CDH is a desirable concept and DHL Group welcomes the initiative. DHL Group recommendations 1. Data should be provided only once to the EU CDH and then re-used in subsequent steps of the customs procedure. Therefore, we understand the need to have a unique identifier that can connect all the parties and all the information provided to the EU CDH. Brussels Corporate Representation EU Public Affairs With the new concepts and procedures introduced in the proposal and with the sequence of the provision of information by the different actors to the EU CDH, further clarification is needed. This includes for example: how will actors in the supply chain be informed about data availability, how will those actors have knowledge about the unique identifiers, how will the identifier be created avoiding commercial identification and targeting the establishment of that…

…the structure of this identifier needs to be harmonized at a consignment level and to be created by the EU CDH. 2. Clarity should also be provided regarding which ‘triggers’ are expected to be in place (if any) between the person lodging data to the EU CDH and the responsible authority. It is imperative that all relevant actors in the supply chain are notified to keep a smooth customs clearance process. Any notification by customs regarding required controls should be given as early as possible to facilitate trade flows.

Any notification by customs regarding required controls should be given as early as possible to facilitate trade flows. 3. It should be clarified that the party providing data to the EU CDH is not affected or penalized in case the importer/deemed importer/exporter does not provide the data in an accurate and timely manner. Furthermore, there should be a validation process to ensure that the initial party has met his/her obligations, after which the subsequent party is notified, he/she can proceed (“traffic light” system).

…has met his/her obligations, after which the subsequent party is notified, he/she can proceed (“traffic light” system). 4. A consultation process and tool should be launched as soon as the European Commission (together with Member States) starts to determine the data requirements that will constitute the new EU Customs Data Model for the EU CDH. This will allow trade to effectively contribute and monitor the development of the EU CDH from the stage of developing the general assumptions to the ultimate go-live date. The process should include the provision of full and final technical specifications with sufficient time for implementation, ensuring a test environment for trade to prepare, test, train and implement in a predictable way. This is a request we have also consistently made to the European Commission and Member States’ administrations for different IT systems implementing the…

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