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Document 91996E002971

WRITTEN QUESTION No. 2971/96 by Riccardo NENCINI to the Commission. Forwarding agents

Úř. věst. C 83, 14.3.1997, p. 102 (ES, DA, DE, EL, EN, FR, IT, NL, PT)

European Parliament's website

91996E2971

WRITTEN QUESTION No. 2971/96 by Riccardo NENCINI to the Commission. Forwarding agents

Official Journal C 083 , 14/03/1997 P. 0102


WRITTEN QUESTION E-2971/96 by Riccardo Nencini (PSE) to the Commission (8 November 1996)

Subject: Forwarding agents

The committee responsible is currently considering the complex question of forwarding agents. The EU has recognized forwarding agents as having the status of direct representatives and thus considers them as fully representing the importer-exporter, who, as declarant, remains bound by tax obligations. Is it possible for forwarding agents to perform the duties of ancillary customs staff, given the extensive experience such agents have acquired, especially in countries such as Italy, France, Spain and Greece?

Answer given by Mr Monti on behalf of the Commission (29 November 1996)

It is for the Member States to organize their customs services and to fix the minimum qualifications for anyone entrusted with specific official tasks.

The Honourable Member's attention is, however, drawn to the ongoing case-law of the Court of Justice on charges having an equivalent effect to customs duties. ((Particularly: Aprile SRL in liquidation vs. Amministrazione delle Finanze dello Stato, C-125/94. )) When private persons perform public tasks, any payments for their services are to be regarded as charges having an equivalent effect.

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