14 Customs
| (27107)
15380/05
+ ADDs 1-2
COM(05) 608
| Draft Regulation laying down the Community Customs Code (Modernised Customs Code) — Implementing the Community Lisbon programme
|
| Legal base | Articles 26, 95, 133 and 135 EC; co-decision; QMV
|
| Department | Revenue and Customs
|
| Basis of consideration | Minister's letter of 4 June 2007
|
| Previous Committee Report | HC 34-xvii (2005-06), para 5 (1 February 2006), HC 34-xxxi (2005-06), para 7 (14 June 2006) and HC 41-x (2006-07), para 6 (21 February 2007)
|
| To be discussed in Council | 25 June 2007
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared
|
Background
14.1 The Community Customs Code, which establishes the general
rules and procedures applicable to goods brought into or out of
the customs territory of the Community, was set out in Regulation
(EEC) No 2913/92. Since 1992 the Code has had some limited amendments
but it has not kept abreast of recent changes in the global trading
environment. This draft Regulation is a complete revision of the
Community Customs Code, designed to modernise and simplify it
and to make it compatible with operational changes in international
trade, the greater use of electronic communications and the evolving
role of customs authorities.
14.2 We have considered this document a number of times and on
the last occasion, in February 2007, we noted the then position
in relation to Centralised Clearance (enabling import duties to
be handled where the trader is established in the Community),
criminal penalties and comitology and said we wished to see a
further report on developments before considering the document
again.[36] (We have also
considered in parallel a related draft Decision on the introduction
of a paperless environment for customs and trade, e-Customs. We
cleared this document in March 2007.)[37]
The Minister's letter
14.3 The Financial Secretary to the Treasury (John Healey) writes
now to:
- remind us that it will not be possible to refine the original
implementation costs until preparatory work is completed;
- report that, in relation to Centralised Collection, workable
solutions to national taxes and statistical issues are emerging
and the proposal on division of collection costs will benefit
the UK as the total amount received by the Government will increase;
- report that the comitology issue has been solved to the Government's
satisfaction. An agreed limitation will apply to the use of the
regulatory with scrutiny procedure rather than the regulatory
procedure alone;[38]
- comment that the Commission's proposed guidelines and explanatory
notes will not be legally binding and that earlier versions have
been useful, have not caused serious problems and are a useful
insight into the Commission's interpretation of legislation; and
- tell us that technical discussions in the Customs Union Working
Group have been completed and that the German Presidency is working
towards a common position for the Competitiveness Council of 25
June 2007.
Conclusion
14.4 We are grateful to the Minister for this latest report.
We have no further questions and clear the document.
36 See headnote. Back
37
(27108) 15381/05 + ADDS 1-2: see HC 41-xv (2006-07), para 8 (21
March 2007). Back
38
Comitology is the system of committees which oversees the exercise
by the Commission of legislative powers delegated to it by the
Council and the European Parliament. Comitology committees are
made up of representatives of the Member States and chaired by
the Commission. There are three types of procedure (advisory,
management and regulatory), an important difference between which
is the degree of involvement and power of Member States' representatives.
Regulatory with Scrutiny, introduced in July 2006, gives a scrutiny
role to the European Parliament in most applications of comitology. Back
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