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Minutes of the Joint Customs Consultative Committee Date of Meeting: 25 th February 2015 Location: The Auditorium, 1 Horse Guards Road, Westminster, London SW1A 2HQ Items discussed in this meeting 1. Introductions and Apologies 2. Minutes, Matters Arising and Action Points 3. Update on EU Harmonisation of Customs Penalties 4. HMRC Penalties: Discussion Paper 5. Presentation on HMG digital delivery 6. Update on deemed Review and Appeal cases 7. DfT FAL Directive 8. Update on Freight Management Strategy 9. Customer Experience 10. Tariff Classification Helpline Consultation 11. Sub –group Update 12. Any Other Business Annexes A – List of Attendees B – Action Point Update C – Update on EU Harmonisation of Customs Penalties D – HMRC Penalties: Discussion Paper E – Presentation on HMG digital delivery F – Sub-group Update 1. Introductions 1.1 The Meeting was chaired by BW. A list of those attending is at Annex A. The Confederation of British Industry (CBI) has decided to withdraw from membership of the JCCC and its sub committees because customs matters and policy are no longer core priority policy areas for its membership. GR (Trade Flow Customs Consultancy) who represented CBI continues to represent the Food & Drink Federation. JCCC Minutes 25/02/2015 Page 1 of 26

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Page 1: Content Management System€¦  · Web viewJO from Airline Operations Committee for cargo ... debate and is keen to work with industry to ensure that the ... as this is maritime

Minutes of the Joint Customs Consultative Committee

Date of Meeting: 25th February 2015

Location: The Auditorium, 1 Horse Guards Road, Westminster, London SW1A 2HQ

Items discussed in this meeting1. Introductions and Apologies2. Minutes, Matters Arising and Action Points3. Update on EU Harmonisation of Customs Penalties4. HMRC Penalties: Discussion Paper5. Presentation on HMG digital delivery 6. Update on deemed Review and Appeal cases 7. DfT FAL Directive8. Update on Freight Management Strategy9. Customer Experience10. Tariff Classification Helpline Consultation11. Sub –group Update12. Any Other Business

Annexes A – List of AttendeesB – Action Point UpdateC – Update on EU Harmonisation of Customs PenaltiesD – HMRC Penalties: Discussion Paper E – Presentation on HMG digital delivery F – Sub-group Update

1. Introductions1.1 The Meeting was chaired by BW. A list of those attending is at Annex A.

The Confederation of British Industry (CBI) has decided to withdraw from membership of the JCCC and its sub committees because customs matters and policy are no longer core priority policy areas for its membership.

GR (Trade Flow Customs Consultancy) who represented CBI continues to represent the Food & Drink Federation.

JO from Airline Operations Committee for cargo UK (AOCC) has replaced BG.

The chairman welcomed new members to the JCCC;International Meat Trade Association (ITMA) – K DUK Trade & Investment (BIS) – B CUK Trade & Investment (BIS) - S M

JM from CITEX, HMRC attended the meeting as an observer.

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2. Minutes, action points and matters arising 2.1 Minutes October 2014The minutes for the last meeting were accepted.

2.2 Outstanding Action Points

All outstanding action points from the last meeting were discharged.Please see Annex B.

AP7 (AS to facilitate discussion between BF,BIFA and AICES on BF issues) has been discharged however, meetings will be ongoing.

It was felt that BF needed to attend all JCCC subgroup meetings and CSP felt that meetings should be extended to other groups that might be affected so that there is a level playing field and a more consistent approach.

A recent meeting between BF and LHR proved productive. BF will continue to have meetings to help identify and resolve specific locational issues.

AP9 from October’s meeting was for JCCC members to send comments on TORS to JCCC Secretariat. Comments have been received and collated. JCCC members will receive the updated TORS via correspondence.

AP11 from October’s JCCC was for members to receive a presentation on digital delivery. This is a substantive item on agenda.

AP13 for AS to provide an update on SME interaction with Customs has been postponed until after the General Election.

3. Update on EU harmonisation of Customs Penalties Nadia SharifNS (HMRC) provided JCCC members with an update on the state of play of negotiations of the European Commission’s 2013 Directive on Customs Sanctions and Infringements.

The Commission objective is unacceptable from a UK prospective. All MS oppose the proposals which restrict MS compliance strategies. Some MS see benefits but think that proposals are badly drafted.

The UK will continue to play a key role in the debate and is keen to work with industry to ensure that the Commission remains mindful of the need to develop legislation that promotes rather hinders economic development.

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HMRC encouraged UK trade associations to lobby through their European trade associations.

Paper is at Annex C.

BW (HMRC) agreed that it is a poor piece of legislation, which would be difficult to implement within UK justice systems. The proposals are not proportionate in penalising genuine errors. It will be difficult to get off the Cion agenda and one tactic would be for the Cion to bring to the table a watered down compromise proposal, potentially acceptable to most MS. The UK were alive to this and remained implacable in our position to kill this dossier or as a minimum render it toothless.

British International Freight Association (BIFA) felt that following the implementation of UCC the legislation may be applicable in some cases. They urged industry and Customs to continue to resist and to be vigilant for the dossier to reappear from another DG.

BW (HMRC) agreed. Cion have been having unsuccessful ‘divide and rule’ bi-laterals to break MS coalition but the UK and the Netherlands have taken a hard line approach in demanding that the current proposal be scuppered.

Community Systems Providers (CSPs) welcomed HMRC’s position on not penalising genuine errors.

KR (HMRC) confirmed that this is what HMRC is working on. We must maintain a flexible approach and penalise when necessary.

BW (HMRC) said that at the moment we have a comprehensive majority of MS who do not support the core measures proposed in the legislation. Therefore, the MS coalition must continue to stay strong and the UK will continue to work with other MS on this dossier.

4. HMRC Penalties: Discussion Paper Jon Evans (HMRC)

John Evans from HMRC’s Tax Administration Policy Team updated JCCC members on a recently published consultation on HMRC penalties. Paper at Annex D.

The document is made up of five main sections:

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1. HMRC is changing: becoming digital-by-default with services are designed around our customers enabling a ‘single view’ of their tax obligations.

2. The work also should be seen in the context of HMRC’s Compliance Strategy ‘Promote, Prevent, Respond’ with upstream activity helping customers ‘get it right first time’ to focus compliance activity on the deliberately non-compliant.

3. Penalties play an important role in the compliance strategy both promoting compliance whist discouraging non-compliance, showing that it doesn’t pay.

4. HMRC is aware that many people are frustrated by current issues with penalties, and gives examples of some that have been raised with us. Does industry agree with issues identified so far? Are there any more?

5. Our future approach to penalties will be focused around five principles, with some ideas for the future taking into account HMRC’s future vision. Does industry agree with the principles and ideas discussed in the document? What else does HMRC need to consider?

The document has been published at Stage 1 of the tax consultation process seeking a wide range of views to inform ongoing thinking. As and when more detailed proposals are developed, these will be published for consideration in the usual way.

Industry have an opportunity to present their views and have until 11 th May to provide written feedback.

The discussion document can be found at:

https://www.gov.uk/government/consultations/hmrc-penalties-a-discussion-document.

CSPs stated that there was an overlap with other initiatives such as tariff classification and asked for the JCCC Secretariat to send the link to him so that it can be circulated to trade for comment.

BIFA requested Gov.UK link for email alerts.

AP1 Secretariat to record in JCCC minutes the Gov.UK link for email alerts and twitter link for HMRC Penalties: a discussion document

Society of Motor Manufacturers and Traders (SMMT) felt that a consistent application for penalties is a key issue for many people.

5. Presentation on HMG: Digital Delivery Beverly Martin (HMRC)

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Beverley Martin provided a presentation on HMG’S digital delivery strategy and HMRC’s digital strategy, which is due to be published in the summer.

HMRC is working with customers to develop the strategy which puts customer needs at the centre of the strategy. The strategy will allow the honest majority of customers to control their tax affairs on-line enabling HMRC to direct compliance resource where it is most needed.

CSPs found the presentation useful but felt the focus is on personal tax rather than customs. CSPs asked for a twitter address for the strategy and also asked how customers reported security issues such as spoof accounts.

External customers should forward any suspicious emails to: [email protected]

Also, available is HMRC’s guidance on recognizing scams to assist in deciding whether an email is suspicious.

British Association of Ship Suppliers (BASS) welcomed the presentation but wanted to know how it affected trade working in the custom’s sector.

AS (HMRC) confirmed that customs is involved in developing the digital strategy however, the roll out is focusing on other departmental priorities at the moment e.g. PAYE. In time though customs will migrate to business tax accounts. All customs material has now been removed to GOV.UK and HMRC is working with UKTI and BIS to streamline the navigation of the information that has been transferred across.

Association of Freight Software Suppliers (AFSS) stated that from a trade perspective more needs to be done in order to keep customs IT running. As HMRC becomes more dependent on digital delivery, some services are falling and there are too many planned outrages.

MC (HMRC) felt that they had a valid point and as CDS move to common components HMRC do not want to lose access when other taxes go down. They are working with the technical and infrastructure design team to insure that the new infrastructure architecture addresses this.

CSPs said that they understood that the government gateway was to be replaced with Application Programme Interfaces (API) so there was no single pinch point.

SC (HMRC) confirmed that CDS are working towards a digital infrastructure and are undertaking user engagement as part of the discovery phase.

BW (HMRC) concluded that CDS is part of the HMRC digital strategy. We are moving into a completely different world and HMRC needs to inform trade how this impacts on customs.

The slides used for the presentation on digital delivery is available at Annex E.

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6. Update on deemed Review and Appeal cases

Karen Rourke (HMRC) At the June JCCC the Customs Practitioner Group (CPG) produced a paper on the current procedure of dealing with deemed R&A cases and the issue that the Review and Appeals Team have been unable to complete formal departmental review within 45 days.

KR (HMRC) provided an update and said that there have been significant changes. They have recruited a new team manager and three new review officers.

They have review 470 cases this financial year. 70% have been dealt within the 45 day deadline and 30% of cases have been completed by the extension date.

It takes about two years for new officers to become fully experienced however, the team are always happy to listen and resolve any issues that trade have.

BASS requested a one pager crib sheet which set out step by step the review and appeal process.

AP2 KR to contact Central Policy to establish if a ‘step by step’ chart exits for Review and Appeal cases

CPG confirmed that their members have noticed a marked improvement on the treatment of review and appeal cases.

7. DfT FAL Directive Karen Rourke (HMRC)

KR (HMRC) updated JCCC members on the proposed solutions emerging from the DfT FAL Directive.

The Directive which is coming out this year aims to simplify and harmonise maritime declarations. IMA FAL forms and cargo declarations are within the scope of discussions to move to an electronic, advance, single window environment.

There will be a many channels into the single window sitting alongside legacy channels and DfT is talking to HO about using their collaborative business portal. Ft.’s view is that this is the first stage of a longer term programme.

Association of International Courier and Express Services (AICES) questioned how the Directive fitted with cargo data e.g. ICS.

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KR explained that there is no change for customs systems and this is a DfT led project. However, information captured from FAL data will be used by HMRC. There is no link with UCC as this is maritime ship’s arrival data not manifest data. Ship’s stores data will continue to come to HMRC but electronically.

Chamber of Shipping (COS) said they have had no contact from Ft. A lot of the data is of no interest to customs and there is tension among members regarding the ship’s reporting requirement. The Directive is about ‘how’ not ‘what’ and intra EU requirements don’t always exist. They are aware that DfT is leading on this and what is important is that the Directive is delivered sensibly and properly.

The DfT contact is: [email protected]

8. Update on Freight Management Strategy Sally Thurlow (HMRC)

Sally Thurlow (HMRC) provided an update on the Freight Management Strategy.

This piece of work is being undertaken jointly with BF. The proposition was endorsed by HO and HMT ministers in September 2014.

There is on-going engagement with DfT, BIS and DEFRA. The steering group is chaired by Bill Williamson and Phil Duffy.

The strategy is based on four pillars:

Pillar 1 – Co-ordinated border management

There are between 21-23 different agencies operating at the border which makes co-ordination difficult. HMG needs to operate more effectively and cooperatively at the border.

Pillar 2 - Data improvement and targeting based on Intel and risk assessment.

There are a significant number of systems which need to be able to work more effectively. This will improve on targeting, intelligence and risk profiles making intervention more effective and precise.

Pillar 3 – Supply Chain and border security based on customer compliance.

Maximising the use of trusted traders. BF has concerns about human trafficking and terrorism, and are looking at voluntary disclosure of intra-community data to tackle this and screen out innocent traffic.

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Pillar 4 – Regeneration of customs capability

BF and HMRC both have demographic issues so are now looking to develop a succession plan and develop a customs career path across BF and HMRC. This will include commercial awareness.

BW (HMRC) confirmed that due to Purdah HMRC is unable to share more information at this time. A series of proposals will be submitted to the new Government.

AP3 Agenda Item for June JCCC – Update on Joint Freight Management Strategy

CSPs felt that there was not enough engagement with trade. There is a big responsibility on trade systems to provide support.

MC (HMRC) said that this will be pursued after the election. Cross government view needs to be established first. Then political backing before fully engaging with trade.

ST (HMRC) confirmed that the aim is to co-ordinate with all government agencies. There are different challenges and they are looking to test the target operating model concept. We need to validate our thinking and enhance our ideas. Communication with trade will increase.

BW (HMRC) stated that this has to be done in partnership with industry. It is still at the concept stage and needs more detail. We are engaging with other government departments to gain agreement with the concept and will need a Ministerial champion after the election.

UK Major Ports Group said discussions with other agencies is already having a positive effect.

COS said that it was reassuring and there are issues with Ro-Ro ferries. There has been a 10% growth in traffic in the last year. The check point is to slow and their concern is the timeline.

BW (HMRC) reiterated HMRC’s position. This work is strategic and needs to fit in with CDS which is a key deliverable. UCC which is mandatory and a key focus will be implemented over the next few years.

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9. Customer Experience Angela Shepard (HMRC)

This item follows discussions at October’s JCCC on ‘industry view on HMRC/OGD partnership/customer experience’. One issue was HMRC’s approach to consultation on changes and the issue of CIPs.

It was requested that HMRC provided feedback on industry comments at this meeting.

AS (HMRC) said that following review of the feedback and subsequent bi-lateral discussions with BIFA the key concern is timely communication. She hoped that today’s updates on digital delivery and Joint Freight Management Strategy highlighted ways in which HMRC was tackling this.

All JCCC sub group minutes will now be issued to the full JCCC via the JCCC secretariat so that all members have the opportunity to see the debates taking place and input if necessary. If a sub group meeting is cancelled or postponed, urgent agenda items will be dealt with in correspondence so that there are no delays in industry engagement.

HMRC hope that these new measures will help to improve communication and will continue to monitor the situation.

10. Trade Classification Helpline Consultation

Valerie Smith (HMRC)

VS (HMRC) updated members on the Trade Classification Helpline Consultation and next steps.

Formal consultation has now closed. They have received about 40 responses from industry and are now in the process of analysing responses.

The aim is to publish the response document before 30th March 2015 however, due to Purdah matters may be out of their control resulting in the document being delayed until after the Election.

CSPs said that they understood the need to assess the system. They support the structure and introduction of a self-help portal, however, trade needs to understand the HMRC agenda. The process of engagement was not very good and caused panic. The current quality of the on-line tariff is not fit for purpose.

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SMMT agreed and said that the poor search engine made it hard to do comparisons.

BASS stated that trade needs guidance and someone to speak to. They do not understand some legal terms and become more confused when they read the accompanying chapter and legal notes.

They are aware of the need to target nuisance calls but some customers need to speak to someone on the phone to resolve issues and avoid problems at a later stage.

CPG confirmed that many customers do not know what they are looking for and don’t know where to find the answer in guidance and customer notes.

VS (HMRC) agreed that the search engine could be improved but it was serviceable. However, it is not HMRC’s responsibility to classify goods and it is up to the customer to self- assess their classification. Help will always be available. The spectrum of need is being addressed. HMRC will always be available for customers who require help but it is about how that help is provided.

There has been a twelve week consultation so that trade can express their views and comments will be looked at in context of government strategy as well as addressing highlighted needs.

CSPs said that it was good to see the bigger picture. The provision of Tariff data to software suppliers is problematic. Will it be addressed?

VS (HMRC) confirmed that the provision of data was not part of the consultation. There was over seventy thousand visits to the tariff in January so HMRC knows it is a successful tool which has been improved. The provision of data is part of CDS.

AFSS said that they had an interesting debate at the last Duty Liability Sub Group meeting. HMRC’s support of software suppler systems providing classification is important for the future to have full visibility of BTI to include declarations. They think that the whole thing will come together particularly with a greater use of technology.

VS (HMRC) said that CDS is not yet able to share the transformation of the tariff services. BTIs can be searched on ‘on-line’ tariff.

BW (HMRC) thanked VS and the trade for their comments. Purdah permitting, they will update trade on the response document.

11. Sub - Group UpdateThe sub-group document was presented without comment.

The update document is at Annex F.

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12. AOB FDF (Food & Drink Federation) requested an update on UCC at the next JCCC meeting.

AP4 JCCC secretariat to put UCC on the agenda for the next JCCC.

AICES had a query on POUS (proof of union status) system. Customs ask for proof which is contrary to the ethos of the EU. What is custom’s view?

This query is proper to one of the JCCC sub groups. AICES to send papers to MC (HMRC).

CSPs requested an agenda item on prototypes.

AP5 JCCC secretariat to put prototypes on the agenda for the next JCCC.

BASS raised a concern on the interpretation of article 269 and 270 of the UCC for the ship supply industry. They require clarification (customs treatment) on export procedures from May 2016.

The query has been received in writing and sent to the relevant HMRC team to deal with.

BW closed the meeting.

The next JCCC meeting will be 9th July 2015.

Summary of Action Points – 25/02/15AP1 Secretariat to record in JCCC minutes the Gov.UK link for email alerts

and twitter link for HMRC Penalties: a discussion documentAP2 KR to contact Central Policy to establish if a ‘step by step’ chart exits for

Review and Appeal casesAP3 Agenda Item for June JCCC – Update on Joint Freight Management

StrategyAP4 JCCC Secretariat to put UCC on the agenda for the next JCCC meetingAP5 JCCC Secretariat to put prototypes on the agenda for the next JCCC

meeting.

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Annex A - List of Attendees – February 2015

Trade Organisations

Trade Organisation Representative Airline Operators Committee for Cargo UK (AOCC) (JOS)Airline Operators Committee for Cargo UK (AOCC) (AM)Association of Freight Software Suppliers (AFSS) (GT)Association of International Courier and Express Services (AICES) (JOC)Automated Customs and International Trade Association (ACITA) (DH)British Association of Ship Suppliers (BASS) (AM)British Chamber of Commerce (PW)British International Freight Association (BIFA) (RW)Chamber of Shipping (COS) (TR)Community System Providers (CSPs) (PM)Customs Practitioners Group (CPG) (BS)Food and drink Federation (FDF) (GR)Freight Transport Association (FTA) (DA)Institute of Chartered Shipbrokers (ICSB) (NI)Pharmaceutical Trade Group (AW)Society of Motor Manufactures and Traders (SMMT) (HL)The International Meat Trade Association (IMTA) (KD)UK Aerospace Industry Customs Group (GT)UK Major Ports Group (PB)

HMRC/OGD attendees

Department RepresentativeHMRC (BW) (Chairman)HMRC (JM)HMRC (AS)HMRC (MC)HMRC (JE)HMRC (KR)HMRC (SC)HMRC (NS)HMRC (VS)HMRC (LL)HMRC (ST)HMRC (JM) (Observer)Border Force (SME)BIS (SMR)BIS (BC)Secretariat (SA)

Apologies

Organisation RepresentativeBritish Retail Consortium (MC)British Ports Association (BPA) (RB)Chartered Institute of Taxation (JC)UK Warehousing Association (UKWA) (MH)Road Haulage Association (RHA) (PC)HMRC (GW)BIS (SO)

Annex B - JCCC Meeting Action Points

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For February Meeting

NO ACTION POINT UPDATEAgenda Item 2 – Outstanding Action PointsAP1 AS to ensure APD policy holder contacts MF Discharged AP2 PM to send John Nightingale a list of subject

specific topics on UCC Title 2 trade issuesDischarged

AP3 BS (HMRC) to facilitate subject specific meetings on UCC Title 2 issues when necessary

Discharged

AP4 JCCC Secretariat to provide members with details of the current WIFI password at future JCCC meetings

Discharged

Agenda Item 3 – CHIEF Replacement Programme (CRP)AP5 MK to provide JCCC members with a clear

and consistent ‘invitation to trade’ on CRP user workshops

Discharged

AP6 JM to inform JCCC members when this news of CHIEF contracts can be made to the public

Discharged

Agenda Item 4 – Border Force Goods Examinations AP7 AS to facilitate discussion between BF, BIFA

and AICES on BF examinations at LHRDischarged

Agenda Item 5 – HMRC Communications - CIPsAP8 AS to notify HMRC authors of CIPs that trade

review timeline of 5 working days is to be given for non-immediate changes

Discharged

Agenda Item 6 – JCCC TORAP9 JCCC members to send comments on TORS

to secretary by end January 2015Discharged

Agenda Item 7 – Industry view on HMRC/OGD partnership/customer experience AP10 Route 1’s trading standards (business and

technical changes) to be discussed at February JCCC

Discharged

AP11 Trade comments on customer experience to be digested and discussed at next JCCC

Discharged

AP12 JCCC members to receive a presentation on digital delivery at next JCCC meeting

Discharged

AP13 AS to provide update on SME interaction with customs at next JCCC

C/F to July JCCC

Agenda Item – 9 AOBAP14 MF to email SM with queries on the BF

charging initiative affecting the aviation sectorDischarged

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ANNEX C

Joint Customs Consultative Committee

Meeting: 25th February 2015

Agenda Item 3: Update on Harmonisation of Customs Penalties (a Proposal for a Directive of the European Parliament and the Council on the union legal framework for customs infringement and sanctions)

Author: Nadia Sharif 1. Purpose:

To update the JCCC on the state of play of negotiations of the European Commission’s 2013 Directive on Customs Sanctions and Infringements. Since this proposal was discussed at the JCCC in February 2014, progress has been limited and slow under both the Greek and Italian Presidencies. However, under the current Latvian Presidency discussions are beginning to accelerate as the Commission remains keen to advance the measure.

The current draft form of the proposal is widely disliked by Member States. Nonetheless, amongst many in the Council there is appetite for the idea of increased harmonisation of customs infringements and sanctions in some form. As it is unlikely that the Commission will withdraw its proposal, discussions continue in the hope of reaching a way forward. Whilst keen to engage constructively in this debate, the UK remains of the view that the proposal is disproportionate and unhelpful, and that it risks distracting from the important EU Customs agenda, not least the ongoing work in relation to finalisation of the Union Customs Code.

2. Background:In December 2013, the Commission published a Proposal for a Directive of the European Parliament and of the Council on the union legal framework for customs infringement and sanctions. In it the Commission argues that the existing harmonised customs legislation needs to be strengthened with common rules regarding its enforcement in order to: address concerns regarding the compliance of the EU with its international obligations; improve the effective management of the customs union;

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and create a level playing field in the Internal Market. It therefore proposes a common list of infringements accompanied by a scale of sanctions to be applied.

The proposal was considered by the JCCC in February 2013, when trade expressed its concern that the creation of a new system as envisaged in the paper did not allow for local, commercial and social differences. HMRC set out the initial view of UK Customs, highlighting a number of concerns.

The UK has continued to press its concerns to the Commission and Member States that the proposed directive would not achieve its stated objectives. In particular the UK is concerned about the following issues:

The Proposal represents a disproportionate response to a perceived problem of “forum shopping” for which we have not seen compelling evidence

A harmonised penalties regime makes no allowance for the fact that - for reasons of geography, infrastructure or trade patterns - certain customs infringements may be particularly prevalent in a given Member State or region, which may need to tailor their penalty regime accordingly. The result of compelling Member States to adopt a harmonised penalty regime would be to make certain markets disproportionately attractive to unscrupulous operators; to undermine the customs union; and potentially to distort the internal market

The Commission’s Proposal provides very limited scope for administrative or judicial discretion in terms of how to respond to customs infringements. For example, it would drastically reduce the ability of a Member State’s customs administration to modify a penalty to take account of mitigating or aggravating factors. This will disproportionately affect smaller economic operators and hampers the ability of Member States to effect real behavioural change by instead requiring heavy-handed responses to relatively minor infringements.

For example, the UK currently operates a pragmatic and intelligent approach to dealing with infringements which allows for waiver of a penalty in situations where operators can demonstrate genuine error or justifying circumstances. This would not be possible under the proposed Directive.

3. Outcome:The UK will continue to play a key role in driving forward this debate in both the Council and European Parliament. However, we are increasingly concerned that the appropriate counter-arguments to the Commission’s drive for uniformity are not being made by those that will be most affected, i.e. operators themselves. We are therefore very keen to work closely with industry to ensure that the Commission remains mindful of the need to develop legislation that promotes rather than hinders economic development.

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Annex D

Joint Customs Consultative Committee

Meeting: 25th February 2015

Agenda Item 4: HMRC Penalties: a discussion document

Author: Jonathan Evans

1. Purpose: to present the recently published consultation “HMRC Penalties: a discussion document” and provide members with an opportunity to discuss and ask questions about the consultation.

2. Background: On 2 February 2015 HMRC published a consultation document, at stage one of the Tax Consultation Framework, concerning HMRC penalties and how they might be developed in the future. We are seeking to raise awareness of the document in order that those wishing to engage have an opportunity to talk to us openly prior to election purdah starting at the end of March. Written responses to the consultation are due by 11 May and the document can be found at https://www.gov.uk/government/consultations/hmrc-penalties-a-discussion-document.

3. Outcome: The document is designed to facilitate a discussion on how HMRC's penalty regimes fit with the future direction of the Department, as set out in our Building our Future vision and our Digital Strategy. At this stage we're not considering any particular policy options but are seeking a wide range of views on the direction of travel set out in the document, to inform our ongoing thinking. HMRC’s Tax Administration Policy team (TAP) would welcome views from JCCC members on the document and the questions it contains.

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Annex E

Joint Customs Consultative Committee

Meeting: 25th February 2015

Agenda Item 5: Presentation on HMG digital delivery

Author: Beverly Martin

JCCC Minutes 25/02/2015 Page 17 of 19

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Annex F

JCCC Sub Group UpdateJOINT CUSTOMS CONSULTATIVE COMMITTEE

DATE OF MEETING: 25th February 2015SUBJECT : Update on JCCC Sub Groups

The information table below provides key issues and updates from JCCC Sub Group/ Working Group meetings. The minutes from each Sub Group or Working Group meeting will continue to be posted onto the HMRC website

Definitions JCCC Sub Group - for projects / initiatives which are finite; and JCCC Working Group - for “perpetual” meetings;

JCCC Secretary, E-Mail – JCCC Secretariat

Name of Group / Type of Group

Next Meeting Contact Update and Key issues from recent meetings

Customs Change Early June 2015 - TBA

Mike Coussins

Group discussed:• UCC DAs and IAs progress within the latest Revision document and transitional administrative timetables• Highlighted and discussed at length the Self-Assessment implications within the UCC• Reviewed the benefits extended under the UCC• Undertook to engage with trade to help traders decide on their best options when the UCC comes into force• Asked Trade to consider joint actions with HMRC to challenge Commission legislative proposals considered detrimental to UK Trade• Discussed Next Steps within the UCC. Movement from a legislative to procedural focus• Reviewed and informed the Trade on MASP developments and

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the actions already undertaken by HMRC• Updated Trade on the current Discovery phase of CDS, seeking trade support to identify needs and concerns with the development of CHIEF replacement• Reviewed UCC data sets complexity and offered response through targeted workshop, if required• Undertook to update and issue the TORs for the group

Customs Product and Processes

14 May 2015. Ian Wilkins • Provided an update on Self-Assessment and the Surveillance Data impact• Had an update on TTIP and handled a number of issues around CFSP authorisation activity• There was also an update on the Customs Control Strategy

Duty Liabilities May 2015 Valerie Smith

The group last met on 12/2/15. A range of issues were discussed including:UCC Update – Valuation sunset clause and Royalties Tariff Preference developments including Registered Exporter SystemTariff Classification issues including:Sector reportsPublication of Monitors Classification GuideClassification Helpline Consultation and Latest position re the Printed Tariff

International Trade Operating Systems Working Group (ITOSWG)

Maggie Kelly Next meeting 5th March 2015. Requests for agenda items issued. Response awaited.

Modernising Freight Management

Mid-March Sally Thurlow

At the last sub-group meeting, we proposed working closely with some trade bodies to explore further, what is possible. We are in the process of planning a Pilot to be based out of Felixstowe to validate and prove the key objectives and concepts of the Joint Freight Management Proposition

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