Edison2015：德国清关问题交流
请教论坛内大神，下面那段法规的具体意思。我客户不是德国本地的公司，目前想要进口产品去德国市场售卖，是不是以为着要找一个能提供“Indirect representation“的货运代理来做清关，然后Indirect representation指的是什么？
According to the EU customs codex, the customs declarant must be established in the European Community, unless the declaration is for transit or temporary importation, or goods are only declared on an occasional basis, please see below Article 64 from the EU customs codex:
Article 64
1. Subject to Article 5, a customs declaration may be made by any person who is able to present the goods in question or to have them presented to the competent customs authority, together with all the documents which are required to be produced for the application of the rules governing the customs procedure in respect of which the goods were declared.
2. However,
(a) where acceptance of a customs declaration imposes particular obligations on a specific person, the declaration must be made by that person or on his behalf;
(b) the declarant must be established in the Community.
However, the condition regarding establishment in the Community shall not apply to persons who:
- make a declaration for transit or temporary importation;
- declare goods on an occasional basis, provided that the customs authorities consider this to be justified.
3. Paragraph 2 (b) shall not preclude the application by the Member States of bilateral agreements concluded with third countries, or customary practices having similar effect, under which nationals of such countries may make customs declarations in the territory of the Member States in question, subject to reciprocity.
There is no definition of“on an occasional” basis, though common practice is 10 shipments. This is purely at the discretion of the relevant customs official.
The above doesn’t mean that a non-EU resident cannot import into the EU (or in this case German), it just means that they cannot be stated as the declarant on the customs documents. A non-EU entity, importing goods into the EU need a representative to do the customs clearance for them.
In Germany there are two types of representation:
Direct representation: the representative is acting by order and on account of their client, this is not possible for non-EU companies though.
Indirect representation: the representative is acting in its own name and on account of their client. The representative becomes jointly liable for import duties etc. Therefore this type representation comes with added risk which logistics providers often are not prepared to take.
justin4425354：指的是间接代理，以他的名义帮你客户清关，费用你客户出，他要共同承担关税等，还有增值税，当然这些也要你的客户出。
中日专线-佐川：货代路过
