EU eases definition of ‘exporter’ in Union Customs Code

The EU has amended the definition of ‘exporter’ in the Union Customs Code. The amendments to Delegated Regulation (EU) 2015/2446 have been made to ‘better adjust it to the needs of economic operators and customs administrations’.

Delegated Regulation (EU) 2018/1063, issued on 16 May 2018, amends a number of ‘detailed rules concerning certain provisions of the Union Customs Code.’ The definition of ‘exporter’ in Article 1(19) of the 2015 Regulation ‘should be modified in relation to exports of goods that are not carried by a private individual in his personal baggage, in order to allow greater flexibility to business partners in the choice of the person which may act as exporter’.  The current definition determines as ‘exporter’ only one person, which is ‘problematic,’ according to the new regulation. The new definition of ‘exporter’ is designed to be ‘less restrictive’ and limits the conditions for being an exporter to ‘the essential requirements for the functioning of the export procedure.’

The new regulation also extends the derogation in Article 40 of the 2015 Regulation to use ‘means other than electronic data-processing techniques when submitting applications to become a registered exporter’ to ‘all communication and exchanges of information in relation to applications and decisions concerning the status of a registered exporter.’ The derogation is temporary and will be withdrawn when the Registered Exporter System (‘REX’) provides a ‘harmonised interface’ for communications with economic operators.

Commission Delegated Regulation (EU) 2018/1063 can be found here:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2018.192.01.0001.01.ENG&toc=OJ:L:2018:192:TOC