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TRANSFORMATION OF CUSTOMS LEGAL FRAMEWORK

TRANSFORMATION OF CUSTOMS LEGAL FRAMEWORK. Transition period from planned to market economy Kiev, March 17th, 2011. EXPERIENCE OF LITHUANIAN CUSTOMS. Legal framework before accession to European Union (Valdas Dovydenas) Legal framework after accession to European Union (Vytenis Alisauskas).

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TRANSFORMATION OF CUSTOMS LEGAL FRAMEWORK

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  1. TRANSFORMATION OF CUSTOMS LEGAL FRAMEWORK Transition period from planned to market economy Kiev, March 17th, 2011

  2. EXPERIENCE OF LITHUANIAN CUSTOMS • Legal framework before accession to European Union (Valdas Dovydenas) • Legal framework after accession to European Union (Vytenis Alisauskas)

  3. TRANSFORMATION OF CUSTOMS LEGAL FRAMEWORKTRANSITION PERIOD FROM PLANNED TO MARKET ECONOMY Experience of Lithuanian customs Legal framework before accession to European Union

  4. HISTORICAL STEPS • Reestablishment of Lithuanian Customs in 1990 • October 9, Temporary law on Customs service October 11, establishment of Customs Department • July 15,1993, Law on Customs Tariff • 1993 Statute of Customs Service • 1994 Law on taxes • January 1, 1998, Customs Code

  5. IMPLEMENTATION OF INTERNATIONAL TREATIES • Must be ratified by the Parliament • Primacy over national law • Must be implemented on national level • Must be created national legal acts (if needed)

  6. MAIN STEPS OF THE USE OF THE SINGLE ADMINISTRATIVE DOCUMENT - SAD • Introduction of SAD on 1 January 1995 • Review of legislation on the use of SAD on 1 January 2000 (preparation for the application of ASYCUDA and for the use of Common Transit procedure) • Review of legislation on the use of SAD on 1 May 2004 (Lithuania’s accession to the EU and implementation of SAD reform)

  7. NATIONAL LEGISLATION FOR USING SAD • Provisions on introduction of SAD • Provisions on printing and distribution ofSAD forms • Instructions on filling in SAD boxes (for declarants / traders and customs officials) • Instructions on amendment and invalidation of SAD • Instructions on handling of SAD copies in customs offices • Lists of codes to be used for filing in SAD

  8. THE CONVENTION ON TEMPORARY ADMISSION (THE ISTANBUL CONVENTION) • Implementation of national legal framework: • Customs code • Oder for Customs clearance of ATA Carnet • Movement of goods using ATA Carnet • ATA Carnet’s order • Provisions on printing and distribution of ATA Carnet

  9. EU INTEGRATION • To reorganise legal acts regulating custom activity according to the legal norms of European Union • To introduce a modern customs information system • To introduce advanced control technologies, based on sufficient prevention of law violations and authorisations to carry out investigations, application of risk analysis, use of information and intelligence, and modern technical equipment • To develop a modern system for administrating import and export duties and taxes • To expand the field of the application of simplified customs procedures, with a view to ensuring further improvement of business environment

  10. TRANSFORMATION OF CUSTOMS LEGAL FRAMEWORKTRANSITION PERIOD FROM PLANNED TO MARKET ECONOMY Experience of Lithuanian customs Legal framework after accession to European Union

  11. TREATY ESTABLISHING THE EUROPEAN COMMUNITY (ARTICLE 249) • Regulations • Have general application, are binding in their entirety and are directly applicable in all Member States • Directives • Are binding, as to the result to be achieved, upon the Member States to whom they are addressed • Are not directly applicable, in principle • Decisions • They are binding in their entirety. Where those to whom they are addressed are stipulated, they are binding only on them. • Recommendations and opinions • They have no binding force, that is to say they do not establish any rights or obligations for those to whom they are addressed, but do provide guidance as to the interpretation and content of Community law

  12. ELECTRONIC CUSTOMS INITIATIVE • Decision No 70/2008/EC • On a paperless environment for customs and trade • Regulation (EC) No 450/2008 • Modernized Customs Code • Regulation (EC) No 273/2009 • Provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, derogating from certain provisions of Commission Regulation (EEC) No 2454/93

  13. SOME ACTUAL CUSTOMS LEGISLATION • Regulation (EEC) No 2913/92 • Establishing the Community Customs Code • Regulation (EC) No 648/2005 • Amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code • Regulation (EEC) No 2454/93 • Provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code • Regulation (EC) No 1875/2006 • Amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code ( OJ L 360, 19.12.2006 )

  14. DEVELOPMENT OF INFORMATION AND COMMUNICATION TECHNOLOGY CUSTOMS SYSTEMS • CUSTOMS OPERATIONAL SYSTEMS • TRADE ACCESS • CUSTOMS TOOLS • ECONOMIC OPERATORS' SYSTEMS • LONGER TERM PROJECTS • AUTOMATED INFORMATION EXCHANGE WITH 3rd COUNTRIES • BUSINESS STATISTICS

  15. CUSTOMS OPERATIONAL SYSTEMS • Automated import system • Import Control System, safety and security aspects (2011) • Automated Import System – Preparatory Phase (2013) • Automated Import System – Centralized clearance (2013) • New Computerised Transit System • NCTS – extension to rail (2013) • Automated Export System • Export Control System phase 2 (2011) • Automated Export System – Preparatory phase (2013) • Automated Export System – Centralized clearance (2013) • Proof of customs status of goods – Other Justifications (2013)

  16. OTHER ELECTRONIC CUSTOMS PROJECTS • Customs tools • Customs Risk Management System (2011/2012) • Integrated Tariff Environment • TARIC 3 • ECICS 2 • EBTI 3 • Customs Offices/Authorities List (2013) • Guarantees • COPIS • Economic operators’ systems • EOS-Single Authorization (2011) • Registered Exporters (2014 – 2016) • Other Authorisations/Customs Decisions (2013) • Longer term projects • Single Window (2014) • Automated information exchange with 3rd countries

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