Today the Council of the European Union, under the Polish Presidency, has approved a partial mandate to negotiate a radical reform of the EU customs code with the aim of providing the EU customs authorities with tools to address new scenarios such as the huge increase in volumes of trade, particularly in the segment of electronic commerce. Today's agreement allows for interinstitutional negotiations with the European Parliament on key issues of reform, including the establishment of a new decentralized customs agency - the EU Customs Authority - which will support and coordinate the risk management activities of the national customs authorities and will manage the EU customs data center; the creation of a unique online hub at EU level of customs data - the EU Customs Data Hub -, or a single central computer platform to interact with customs and strengthen the integrity of data, traceability and customs controls; the introduction of advanced customs simplifications for the most reliable operators; the development of a more modern approach to e-commerce, adapted to the realities of a rapidly evolving scenario.

"In the face of the increasing challenges and global trends - said Andrzej Domański, Polish finance minister - EU customs urgently need modern tools to protect our single market. Today's agreement is a fundamental step towards a future-proof regulatory framework enabling our authorities to act in unison."

CLECAT, the European association representing international shipping companies and customs agencies, welcomed the mandate agreed today by the EU Council, congratulating the Polish Presidency and the Member States for the efforts made over the last two years to reach a consensus that allows the start of negotiations with the European Parliament and the European Commission. However, the association has manifested concern for the persistence in the text of the concept of "Single Liable Person" which - it has found CLECAT - could involve the responsibility of the customs intermediaries for obligations outside their control.

In particular - it has specified the association - the proposal still previews that the customs agent, in case of indirect representation when acting on behalf of the importer, is designated as an importer and held responsible for non-tax compliance obligations, such as product safety, environmental constraints and labelling, also for products not intended for the EU market. CLECAT recalled that most customs agents do not have access to the data necessary to verify compliance with these obligations, as they do not own the goods, and this is likely to exclude responsible intermediaries and experts from the provision of services within the framework of the reform since they would not accept an unlimited legal exposure for actions and data outside their control.

"An effective facilitation of trade - it has denounced the European association of shippers - can not be obtained by downloading unmanageable charges on intermediaries who simply act on behalf of customers". CLECAT stressed that, therefore, "the absence of legal guarantees for customs representatives operating under indirect representation, despite a considerable increase in responsibility, remains a serious gap in the Council's position". CLECAT has specified to continue to support a solution that reflects rather the operational reality, with the responsibility of respect for the non-tax regulations that should fall on those who control the goods and have the ability to guarantee that respect, and not on the intermediary.

CLECAT has therefore invited the European Parliament and the next Danish Presidency of the Council of the European Union "to consider a more balanced solution that aligns itself with the realities of the EU's trade and logistics, all legitimate intermediaries and avoid unwanted consequences that could weaken the competitiveness of the EU".