The CGAA supports the progress of the European customs reform but warns of risks of legal uncertainty

 

El Consejo General de Colegios de Agentes de Aduanas y Representantes Aduaneros (CGAA) positively values ​​the reform of Código Aduanero de la Unión EuropeaThe agency highlights progress in trade simplification, but warns of risks of legal uncertainty in defining responsibilities for customs representatives and logistics operators.

 

Significant progress in business simplification

 

For CGAAThe final text of the reform incorporates fundamental elements for the competitiveness of foreign tradeAmong the most notable milestones is the maintenance of its status as Authorized Economic Operator (OEA) and the clear differentiation between importers established and not established in the territory of the Unión Europea with regard to customs representation.

 

The sector has also welcomed the reinstatement of the limit. ninety days for the temporary storage of goods. Another key point has been the expansion of trade simplification mechanisms, which will not be limited solely to the model Trust & Checkthus avoiding excessive restriction for operators currently managing global freight traffic.

 

Legal uncertainty and the responsibility of representatives

 

Despite the progress, the Consejo General It expresses concern about the ambiguity in certain regulatory sections. The most critical point lies in the lack of clarity regarding the non-fiscal responsibility of customs representatives. This lack of clarity could lead to contradictory interpretations among the different Member States, creating a scenario of operational vulnerability.

 

President CGAA, Antonio LlobetHe stated that: "The reform introduces undeniable improvements, but leaves open essential questions that directly affect the exercise of our activity. It is essential that the delegated and implementing acts precisely define the scope of responsibilities to avoid situations of unjustified risk for customs representatives."

 

On the other hand, the new definition of importer It raises reasonable doubts. According to the CGAAThe regulations establish a cascade of responsibilities that could, in certain cases, result in logistics operators or carriers assuming this condition if there is no clear identification of the role, which requires urgent clarification in the supply chain.

 

Impact on e-commerce and taxation

 

The institution has also pointed to the existence of a dysfunction between the customs debt and the Import VATThis discrepancy will need to be addressed in future legislative initiatives. Added to this is the challenge of... E-commercewhose new regulation could increase operational complexity and administrative burdens for companies in the sector.

 

Key Point of the Reform	Valuation of CGAA
Status of OEA	Positive (Preservation of status)
Temporary storage of goods	Positive (Reinstatement of the 90-day limit)
Córdoba Trust & Check	Favorable (Expansion of simplification mechanisms)
Non-fiscal responsibility	Worrying (Lack of definition and clarity)
Ecommerce	Complexity (Increased administrative burdens)

 

In conclusion, although the current text is an improvement over the initial proposal of the Comisión EuropeaIts actual success will depend on subsequent regulatory developments. Antonio Llobet He emphasizes that the challenge will be "to guarantee a coherent and homogeneous implementation that preserves the essential role of customs representatives." CGAA will maintain its active work in national and European forums to defend the interests of the group.

 

Key points and frequently asked questions about customs reform

 

What positive aspects does it highlight? CGAA about the agreement?

Maintaining the status of Authorized Economic Operator (OEA), the 90-day limit for temporary deposits and business simplification beyond the model Trust & Check.

 

What is the main concern regarding customs representatives?

The lack of clarity in the delimitation of the non-fiscal responsibilityThis could lead to legal uncertainty and differing interpretations among member states.

 

What risks are identified in the new definition of importer?

It is noted that the regulations could unintentionally transfer the status of importer to logistics operators or carriers if the role in the supply chain is not properly defined.