Summaries of selected statements | 55
opened on the basis of information from the Panama
Papers.
2019-34. The role of the carrier in connection
with online shopping from non-EU countries.
Guidance on appeal in decisions of the Danish
Customs Agency on customs duty etc.
Information on the website of the Danish Tax Administration caused the Ombudsman to open a general investigation of the role of the carrier when citizens buy
products online from non-EU countries, including a
question about delegation of decision-making powers.
On the website it was stated, among other things, that
when a citizen buys a product online from a non-EU
country, it is the carrier that will calculate the customs
duty etc. payable on the product and that the citizen
will pay the customs duty etc. to the carrier.
The Ombudsman noted that the carrier’s task of declaring customs, receiving the decision of the Danish
Customs Agency on customs duty etc. and paying
customs duty etc. to the Agency is based on a private
law agreement between the citizen and the carrier.
The agreement has the effect that the carrier will act
as the citizen’s representative in relation to customs.
On that basis, the Ombudsman found that there is no
delegation of decision-making powers to the carrier.
The Ombudsman also considered whether decisions
of the Danish Customs Agency on customs duty
etc. must be accompanied by guidance on appeal.
The Ombudsman noted, among other things, that
customs duty etc. is calculated automatically in the
Agency’s electronic import system, that calculations
of customs duty etc. are based exclusively on the
information about product code, value and country of
origin entered by the carrier and that this information
can yield only one result.
Under these conditions and in the light of the special
procedure laid down in relation to customs, the Ombudsman agreed with the Danish Customs Agency
that a decision on customs duty etc. can be regarded
as being wholly in favour of the carrier and that therefore the decision is not required to be accompanied
by guidance on appeal.
Ministry of Social Affairs and the Interior
The following statements on cases concluded in 2019
have been published:
2019-9. Documents about financial equalisation
between municipalities were part of case concerning legislation and therefore exempt from
access
A journalist asked the then Ministry for Economic
Affairs and the Interior and the Finance Committee
(a committee of civil servants under the Ministry) for
access to information about the educational qualifications of immigrants.
The request was connected with a letter sent by a
municipality to the Ministry in October 2014 in which
the municipality had pointed out that the data underlying the criteria on which the system for financial
equalisation between municipalities was based lacked
information about the educational qualifications of
immigrants. As a result, some municipalities had
been allocated too low and others too high financial
resources.
The Finance Committee considered all its documents
on the matter to be part of a case concerning legislation and therefore to be exempt from access, and the
Ministry denied the journalist access to a number of
documents on the grounds that they were part of the
same case concerning legislation.
The Ombudsman agreed with the authorities that
there was a case concerning legislation within the
meaning of section 20 of the Access to Public
Administration Files Act. The case concerned work
on adjusting the system for financial equalisation
between municipalities which was prepared in the Finance Committee, and the issue of information about
the educational qualifications of immigrants was part
of the basis for the work.
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