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  • Enrika Naujoke
    Participant

    CKI Membership - Individual
    March 3, 2023 at 2:21 pm
    Post count: 70
    #12575

    Dear All,

    Please find an overview of the Report attached – an article by Dr Gediminas Valantiejus. I hope you’ll enjoy reading it. A glimpse into it:

    What happens if you do not keep the documents for as long as EU Customs require?
    That depends on the EU country where you committed the offence (of the Article 51 of the UCC).

    • 12 EU Member States impose administrative penalties – Bulgaria, Croatia, Czech Republic, Greece, Germany, Hungary, Italy, Latvia, Portugal, Romania, Slovakia, Spain
    • 5 Member States impose administrative and criminal penalties – Estonia, Ireland, Lithuania, the Netherlands and Sweden
    • 1 Member State does not provide separate penalties for such an infringement at all – Finland
    • 9 Member States have exclusively established criminal liability for it – Austria, Belgium, Cyprus, Denmark, France, Luxembourg, Malta, Poland, Slovenia

    Continuing the topic, we have here in Lithuania a very interesting case – we are now disputing with our Customs whether it is right to impose a fine of over 1000 Eur on a customs broker for the ‘possible breach of law’.

    Enrika Naujoke
    Participant

    CKI Membership - Individual
    January 30, 2023 at 12:56 pm
    Post count: 70
    #12566

    Dear All,
    Herewith I’d like to share some news and start a topic about still not harmonised infringements and sanctions in EU Member States – to exchange our opinions, views and legal news.
    – Please find a new (6.1.2023) Report from the Commission on the assessment of customs infringements and penalties in EU MS attached. What are your views on this topic?
    – News from Lithuania. A new provision was introduced in the Code of Administrative Offences as regards preferential origin of goods. There was no such provision previously. Are such provisions in your countries?

    Article 217-2 (enters into force on 1 May 2023). Failure to comply with obligations and requirements under agreements governing preferential origin.

    1. Failure to provide accurate and/or complete information in documents proving the preferential origin of goods, failure to comply with the requirements for the keeping of documents proving the preferential origin of goods, or failure to comply with other obligations and requirements laid down in agreements governing preferential origin concluded by the European Union with certain countries or territories, or in the legislative acts relating to the implementation of these agreements shall be punishable by a fine of between 40 and 100 euro.
    2. The repeated administrative offence provided for in paragraph 1 of this Article shall be punishable by a fine of between 100 and 1000 euro.
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