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Clecat welcomes customs progress but worries remain over liability

[ July 8, 2025   //   ]

European forwarders’ group Clecat has welcomed the EU Council’s adoption of its general approach on the Union Customs Code reform, saying that the consensus reached would allow negotiations with the European Parliament and the European Commission to begin.

It adds that the Danish Presidency now has the opportunity to bring the legislation and that it is ready to support the process to ensure the reform results in a robust and future-proof framework that facilitates trade while safeguarding legal certainty.

Clecat adds that the Council’s text shows clear improvements in several key areas compared to the original Commission proposal. It welcomes the retention of the AEO-C status and the possibilities for business to be eligible for both AEO-C and Trust and Check Trader status.  The Council’s decision to preserve temporary storage and re-export as separate regimes is also a pragmatic step forward. It says.

However, Clecat remains concerned by the persistence of the Single Liable Person concept in the text, which could result in customs intermediaries being held liable for obligations beyond their control. The proposal still foresees that the customs agent, in cases of indirect representation, will be designated as the importer and held accountable for non-fiscal compliance requirements such as product safety, environmental restrictions and labelling, even for products not destined for the EU market.

Under EU customs law, customs representatives may act either as direct representatives in the name of and on behalf of the importer, who remains fully liable for the declaration or provide indirect representation, where they act in their own name on behalf of the importer and becomes either jointly or solely liable for import duties and – under the reform – also for non-fiscal obligations. The latter model is prescribed for most cases in which non-EU-based clients are represented.

Most customs agents do not have access to the data needed to verify compliance with such obligations, as they do not own the goods. This risks discouraging responsible and experienced intermediaries from providing services, as they will not accept open-ended legal exposure for actions and data outside their control.

The absence of legal safeguards for customs representatives who operate under indirect representation, despite a large increase in liability, remains a major flaw in the Council’s position. Clecat continues to advocate for a solution whereby liability for compliance with non-fiscal regulations should lie with those who control the goods and have the capacity to ensure such compliance—not the intermediary. Furthermore, many product regulations require already naming a person responsible for the goods where the importer is established outside the EU; in such cases there is no need duplicating liable persons or product and customs legislation.

Clecat is urging the European Parliament and the incoming Danish Presidency to consider a more balanced solution that aligns with the realities of EU trade, protects legitimate intermediaries, and avoids unintended consequences that could weaken the EU’s competitiveness.

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