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Cooperation between Customs Authorities and Veterinary Inspectorate Authorities
Amendments to and reforms of the Community customs law
Cooperation between Customs Authorities and Veterinary Inspectorate Authorities
Regulation of the Minister of Agriculture and Rural Development, dated 30 March 2007, on the conditions and modes of cooperation between the Veterinary Inspectorate Authorities and Customs Authorities
– Data availability
– Information exchange
– Mutual assistance in performing inspection activities
Cooperation between Customs Authorities and Veterinary Inspectorate Authorities
Agreement between the Minister of Finance and the Chief Veterinary Officer, dated 15 September 2005, on the cooperation of the Customs Services and the Veterinary Inspectorate on inspections of animal-based products introduced into the European Union territory from third countries in the hand-luggage and intended for individual consumption
– Principles of product supervision
– Handling of banned goods
Amendments to Community customs law
• ‘Safety and security’
• Identification and registration of economic operators
‘Safety and security’ amendment
• Regulation No. 648/2005 of the European Parliament and Council, dated 13 April 2005, amending the Community Customs Code
• Regulation of the Commission No. 1875/2006, dated 18 December 2006, amending an Executive Regulation to the Community Customs Code
• Regulation of the Commission No. 273/2009, dated 2 April 2009, an Executive Regulation to the Community Customs Code
'Safety and security' amendment
• The establishment of an equivalent security level as part of customs control of goods imported into or exported out of the Community customs area (advance notice on goods to be imported or exported)
• Establishment of a basis for a common risk management framework
• Introduction of the Authorised Economic Operators (AEO)
Role of simplified import declaration
To perform a safety and security risk analysis prior to the arrival in the Community customs area of goods based on data included in the simplified import declaration
Role of simplified import declaration
All goods introduced into the Community customs area should be covered by a simplified import declaration submitted prior to the arrival of the goods in the area. If goods shown to customs authorities are not covered by the simplified import declaration (and are not subject to exclusions from the duty of making such declaration), then an appropriate simplified import declaration should be submitted promptly by the person who has imported the goods or who was responsible for the transport of the goods into the Community customs area.
Simplified import declaration
A simplified import declaration should be submitted to an appropriate import customs authority prior to importing of the goods into the Community customs area.
Applicable regulations determine minimum notice for the submission of a simplified import declaration prior to the import of the goods into the Community customs area.
Submission deadline for the simplified import declarationRoad transport – no later than one hour before arrival at the customs office of import into the Community customs areaRail transport and inland navigation – no later than two hours before the arrival at the customs office of import into the Community customs area Marine transporta) no later than 24 hours before loading at the port of departure – container cargo (long-haul)b) no later than four hours before arrival at the first port within the Community customs area – for bulk carriers (unless subject to Art. 184a (c) or (d)Air transporta) no later than upon take-off – short flightsb) no later than four hours before arrival at the first airport within the Community customs area – long-distance flights
Examples of exclusions from the obligation of submitting the simplified import declaration
• Goods in the hand-luggage
• Goods allowed to be declared orally to customs (Art. 225, 227, 229 (1 ) RCCC) – except pallets, containers and means of road, rail, marine and inland transport transported under a transport contract
• Goods subject to customs declarations made in a format other than the written or oral format (Art. 230, 232 and 233 RCCC) except pallets, containers and means of road, rail, marine and inland transport transported under a transport contract
Electronic handling of simplified customs declarations will be provided by the Import Control System (ICS).
The system will allow electronic exchange of communication between the operator and the customs office and between customs offices at the Community-wide level.
Electronic handling of a transit notification containing data that require a simplified customs declaration will be provided by the New Computerised Transit System (NCTS).
Mikołajki, 7-8 maja 2009
Zmiany we wspólnotowym i krajowym prawie celnym
Introduction of goods
Where goods that leave the territory of the Community are subject to a customs notification such notification is submited at the relevant customs office within deadlines defined in Art. 592b RCCC.
Transition period– Regulation 273/2009
• A suspension of the duty of the operators to send their simplified declarations to the ICS for the period from 1 July 2009 to 31 December 2010,
• If any Member State implements the ICS before 1 January 2011, then operators may optionally send their simplified import declarations before that date
• During the transition, period customs authorities will perform a safety and security risk analysis based on a declaration made upon presenting the goods at the point of entry of the Community customs area (i.e. at a border customs office), i.e. based on data supplied in a customs notification or in the simplified declaration for temporary storage
Authorised Economic Operator – benefits
• AEO certificates are recognised in all Member States
• Limited amount of data required in the simplified declaration and the export notification
• A limited customs law procedure for certain permits
• AEO status is recognised by non-customs legislations
AEO - criteria
• Compliance with customs requirements– Applicants, owners/applicant’s main shareholders/ company officer
responsible for customs’ matters have not committed any major or repeated violation of customs regulations during the last three years
AEO - criteria
• Right management system for commercial/transport records to allow adequate customs control
– Maintaining an accounting system compatible with adopted accounting rules and one which makes audit-based customs control easier
– Providing access to customs’ records of the operator to customs office
– The operator’s logistic system must guarantee that Community goods are differentiated from third-country goods
– An adopted company policy to combat smuggling and build personnel awareness about this policy
AEO - criteria
• Documented solvency– Documented solvency for three years prior to making application
– No corrective proceedings underway against the operator
AEO - criteria
• Adequate standards of safety and security– AEO has means of a clear identification of its suppliers and
customers to secure the supply chain
– Goods management should cover protection against the introduction, modification or misplacement of any materials or their manipulation
– Adequate access controls in place to prevent unauthorised entry to the area of shipping, loading docs and cargo areas
AEO
• AEO certificate – Customs reliefs
• AEO certificate - Safety and Security
• AEO certificate - Customs reliefs / Safety and Security
Registration of operators
• Regulation of the Commission No. 312/2009, dated 16 April 2009, amdending the Implementing Regulation Community Customs Code
Registration of economic operators
EORI number – a unique number across the European Community issued by a customs authority of a Member State to an economic operator resident in that Member State and that is involved in activities subject by customs law.
An EORI number is also issued to operators not registered as resident in the Community, but who are involved in activities defined by customs law.
Registration of economic operatorsEORI number
EROI number consists of two characters denoting the issuer country (PL for Poland) and 15 characters, which are unique within that country
Registration of economic operators
The EORI number is used for all contacts between economic operators and customs authorities.
The Commission may publish the registration and identification data (EROI, name, address) of economic operators.
Registration of economic operators
Every Member State, including Poland, is obligated to build a national EROI system to register and maintain a national database on all entities that has registered within that country (whether domestic or third country entities), and to supply a central EU system with certain data.
The European Commission is responsible for: • implementing a central system and database• communications between the central and national systems
Objectives of the EORI System
• The idea behind the EROI system is to streamline the trade in goods, to provide safety along the chain of supply and to make it easier for the administration and the participating entities
• The system answers to a need to build a European system covering all commercial participants
• The EORI System is intended to support other IT systems in the administrations of the Member States (e.g. the administration of taxes, veterinary authorities, phytosanitary services, etc.)
REFORM OF THE COMMUNITY CUSTOMS LAW
Modernised customs Code
Regulation of the European Parliament and Council No. 450/2008, dated 23 April 2008, establishing the Community Customs Code (Modernised customs Code).
RCC regulations remain applicable until the termination of aplicability of any implementing regulations based upon it, but not longer than until 24 January 2013. Some of the regulations are applicable as from 24 June 2008.
modernised customs CodeMain objectives
• Deliver the Lisbon Strategy
• Meet the objectives of e-government
• Simplify regulations and procedures
• Work to unify practices of the Member States
modernised customs CodeCentralised clearance
Centralised clearance – separate locations of the customs notification and of presenting of the goods.
• Speed-up customs clearnace • Cut costs of customs services• Simplifies trade
modernised customs CodeSolutions adopted
New order of procedurestransitstorage (temporary storage, customs
warehousing, free zones)Specific use (temporary clearance and end use)Processing (inward or outward processing)
modernised customs Code adopted solutions
Electronic handling
All exchange of data, decisions and notifications between customs authorities or between operators and customs authorities, as well as maintaining this data, is performed with the use of electronic data processing.
modernised customs Code adopted solutions
One stop shop
Inspections performed by services other than customs services should take place as far as possible at the same time and in the same place, as customs inspections
modernised customs Code adopted solutions
Single WindowServices ensuring the flow of data between operators and customs authorities, between customs authorities and the Commission and between customs authorities and other administrations or agencies. This should also allow operators to submit to customs authorities any information required for import or export clearance, including information other than that required by customs regulations.
