China Info Forum

„Internationaler Warenverkehr -

die Zollverwaltung als Partner der Wirtschaft“

„International movement of goods

- Customs Administration as a

partner of the business“

Referentin: Regierungsrätin Silja Kuhr, Bundesfinanzdirektion Nord

Bundesfinanzdirektion Nord

European single market

• EU is one of the largest trades in the world concerning trade and supply chain logistics, alongside the United States and China, having a share of 15% in the world total

• The main EU trade partners were China, the US, Switzerland and Russia

European single market

In 2014 almost 278 million customs declarations were handled by more than 2 000 EU customs offices working 24 hours a day and 365 days a year.

European single market

• Importance of the internal market

• dismantling of customs and trade barriers

• goods that are being imported from a non-EU country must be cleared by customs

The organisation of German Customs

Structure of the German Customs Administration

General Tasks of the German Customs Administration

• Secure government revenues:national taxes and EU duties

• Security for government and citizens:protection of population, environment and businesses

• Secure the social security system:fight against illegal employment

Responsibilities of the cross-border clearance of goods

• Revenue collection

• Protection of species

• fight against piracy / counterfeiting

• Compliance with rules concerning the origin of the products or foreign trade law

• Exportcontrol /embargos

Prohibitions and restrictions

• Country specific or individual restrictions and prohibitions concernig certain goods e.g. agricultaral products, chemicals, iron and steel products and product safety

• Example Product safety:

o EU has issued several directives about the safety of products (toys, machines) and about the marking of certain products with the CE marking, in the area of environmental protection („light bulb ban“)

o Germany has implemented the directives in different laws and regulations (e.g. product safety act)

Prohibitions and restrictions

Work of the customs adminstration:

• When releasing product for free circulation the customs offices play a role in monitoring the compliance of products imported from 3rd countries

• Customs controls (Art. 37 VO (EWG) Nr. 2913/92): Spot checks ans risk-based controls (Risk parameters e.g. country of origin, description of goods)

• Customs holds the goods, suspends clearance and notifies the competent market surviellance authorities who decide, wheather or not the goods can be released

• Goods not importable must be destroyed or re-exported

Counterfeiting and piracy

• Customs Authorities can take action if one of the following rights are infringed:

o Trade mark protection, patent, copyright, designs

• Example Trade mark protection:various types of tre marks are regulated in the German Trade Mark Act (the word mark,

figurative marks)the protection of a trade mark accrues in most cases with its registration

Counterfeiting and piracy

Work of the customs adminstration:

• The holders of intellectual property rights can enforce their rights by submitting an application for action by the customs authorities

• Competent authority: Central office for the protection of Industrial Rights (ZGR) in Munich

• Customs holds the goods, suspends clearance and notifies the holder of the intellectual property right

• Goods will be destroyed under customs supervision, if trade mark right is infringed (determination by the right holder)

Counterfeiting and piracy

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Origin of infringing goods

Service

• For further information please visit our website:

www.zoll.de

• General enquiries can be adressed to the Information and Knowledge Unit

via e-Mail: enquiries.english@zoll.bund.devia telephone: +49 351 44834-530

• Enquiries about procedures that have been initiated or are in progress should be adressed the locally competent main customs office or the customs office responsible for clearance