CLECAT position on Customs Representation and Liabilities
CLECAT firmly believes that the Customs Reform will not achieve its ambitious facilitation targets without a better utilisation of customs intermediaries. However, customs intermediaries should not be forced to replace their EU based clients and be held accountable as an importer. Instead, liabilities should be divided fairly and proportionately between the two European stakeholders, based on data ownership. The UCC already provides for this fair and proportionate liability-share through the concept of direct customs representation.
We therefore urge the Commission, Council and European Parliament to revise the Customs Reform's approach to mandatory indirect customs representation as a blanket solution for non-fiscal obligations as well as trade facilitation. The concept is based on a 2017 legal opinion. Eight years on, it is clear this interpretation did not prove useful, it does not reflect market reality and representation practices remain unchanged. In fact, this requirement has now become the main barrier to the broader use of simplified customs procedures and a key reason customs authorities remain burdened with transaction-based clearances. This approach, too, needs reforming.
Our full position, supporting arguments and proposed solutions are provided in the attached paper.