First Reading of the Draft Act Amending the Customs Act (350 SE)
Session: 15th Riigikogu, 3rd sitting, plenary session
Date: 2024-01-17 16:16
Participating Politicians:
Total Speeches: 73
Membership: 15
Agenda Duration: 44m
AI Summaries: 73/73 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The Riigikogu (Estonian Parliament) debated in its first reading draft bill 350 SE, initiated by the Government of the Republic, concerning amendments to the Customs Act. The purpose of the bill is to simplify the inspection of postal shipments and improve customs supervision over prohibited goods. Minister of Finance Mart Võrklaev explained that the changes are necessitated by the growing volumes of e-commerce and the need to curb the increase in shipments containing prohibited goods. The draft bill includes two main amendments. Firstly, customs officials will no longer be required to draw up an inspection report for postal shipments in which no violations are discovered; a marking reading "Opened by Customs" will suffice. This will reduce bureaucracy and free up customs officials' time for more effective control, as currently, drawing up each report takes approximately 30 minutes.
Secondly, the law specifies the powers of the Tax and Customs Board to exercise supervision over prohibited and restricted goods (e.g., narcotics, tobacco products, e-liquids) also in trade between European Union member states. During the debate, opposition members of parliament (especially the EKRE faction) expressed concern about the reduction of privacy and traceability, fearing that abolishing the reports might increase the risk of contents disappearing from the package or that packages might be opened without justification. Minister Võrklaev repeatedly confirmed that the amendment does not expand customs' rights regarding opening packages, and the protocol regarding the opening, maintained by the postal service provider, will still remain in effect, ensuring accountability and traceability.
Decisions Made 2
The first reading of Bill 351 was concluded.
The deadline for the submission of amendments was set for January 31st at 5:15 PM.
Most Active Speaker
Martin Helme (EKRE faction, right-wing opposition) was the most active Riigikogu member in submitting questions. Helme posed two questions that focused on critical aspects of the draft bill: specifically, how the integrity and privacy of package contents would be guaranteed in a situation where customs officials are no longer required to draw up a formal report regarding the contents of an opened package. He stressed the necessity of maintaining traceability and oversight to prevent misuse, calling the argument for reducing bureaucracy at the expense of traceability unjustified.
Aseesimees Toomas Kivimägi
AI Summary
The next item on the agenda is the first reading of Bill No. 350, the draft Act amending the Customs Act, initiated by the Government. The rapporteur for this item is Minister of Finance Mart Võrklaev.
Rahandusminister Mart Võrklaev
AI Summary
Finance Minister Mart Võrklaev proposed two amendments to the Customs Act: the first simplifies the inspection of postal shipments, and the inspection report will henceforth only be drawn up for prohibited or restricted goods, and the shipment will be marked with a yellow "Opened by Customs" sticker, in line with international practice; the second clarifies the rules for inspecting postal shipments between EU member states and grants the Tax and and Customs Board the right, based on risk assessment, to inspect shipments arriving in Estonia from another member state if there is reason to suspect prohibited goods, but the rights of customs officials regarding the opening of postal packages are not expanded, and postal shipments must not contain e-liquids, vapes, snus, or tobacco intended for oral use.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi offers his thanks and announces that it is time for questions, inviting Martin Helme to the floor.
Martin Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Martin Helme inquires how, after the completion of this act, it will be guaranteed that the contents of the opened package remain unchanged, and that privacy, including correspondence, is protected.
Rahandusminister Mart Võrklaev
AI Summary
The intent of the draft legislation is that if no violation is discovered in a postal package, no official report will be compiled, and a sticker reading "Opened at Customs" will be placed on the package. This ensures the addressee always knows when the package has been opened. Furthermore, the opening process will be based on a risk assessment, and privacy standards will remain unchanged.
Aseesimees Toomas Kivimägi
AI Summary
It's simply a request to invite Arvo Aller over.
Arvo Aller
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Arvo Aller expresses concern that the criteria for opening packages are unclear, and he wants the recipient of an opened package to be able to subsequently request and receive both a risk assessment and an explanation detailing the reason for the opening.
Rahandusminister Mart Võrklaev
AI Summary
Minister of Finance Mart Võrklaev stated that nothing is changing: if there is no violation, no record of the package contents will be drawn up; if there is a violation, a formal report is always prepared; rights remain the same, with nothing being added or taken away – and that is why opening postal packages could be simpler.
Aseesimees Toomas Kivimägi
AI Summary
We would like to invite Kalle Grünthal to the stage.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Grünthal claims that the draft bill violates the constitution because customs officials should not be privy to the contents of a sealed package, and an inspection conducted without a court order could breach the confidentiality of messages sent by mail.
Rahandusminister Mart Võrklaev
AI Summary
Finance Minister Mart Võrklaev stated that the draft bill does not violate the constitution and does not grant additional rights for opening postal parcels, as these matters are already regulated by specific legislation. He added that although exceptions can be made under the law, the balance between the secrecy of communication and the prevention of smuggling has already been established by law, and the bill simply makes the process faster and less bureaucratic for the authority, the sender, and the recipient alike.
Aseesimees Toomas Kivimägi
AI Summary
Vice-Chairman Toomas Kivimägi called on Martin Helme to ask the second question.
Martin Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Martin Helme emphasizes that although goods must be inspected at the borders and bureaucracy is sometimes necessary, we must not assume honesty, and traceability and accountability are required for mitigating risks. Therefore, he questions whether the draft bill, which reduces this traceability and control, is truly justified.
Rahandusminister Mart Võrklaev
AI Summary
Finance Minister Mart Võrklaev said that the plan does not violate people's rights, because the package will be opened and inspected transparently, and if a suspicion arises, one will be informed of it and able to file a complaint. At the same time, unnecessary bureaucracy will be reduced, and customs will focus more on control to prevent smuggling amid the growth of digital commerce.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi invites Kert Kingo to the stage.
Kert Kingo
AI Summary
Kert Kingo emphasized that every amendment to the draft bill must be critically reviewed because, according to the people's perspective, deficiencies may arise, and it must be clarified who is responsible and how accountability for missing elements is proven.
Rahandusminister Mart Võrklaev
AI Summary
Everything proceeds according to current law.
Aseesimees Toomas Kivimägi
AI Summary
The Deputy Chairman called Mart Helme to the stage.
Mart Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Mart Helme claims that there are no longer such "black rooms" in today's world where officials opened letters and later glued them shut, because packages can be scanned and marked if necessary, but physically tearing them open is, in his estimation, very much in the style of the 19th-century Okhrana.
Rahandusminister Mart Võrklaev
AI Summary
According to this draft bill, the rules concerning the screening or opening of postal shipments are not being changed. Rather, if a package is opened, there must be a clear justification and a risk assessment, based on which documentation is prepared or a notification is attached to the package. Furthermore, no additional rights or permission are granted to open postal packages more easily.
Aseesimees Toomas Kivimägi
AI Summary
The Chairman of the session, Toomas Kivimägi, invited Kalle Grünthal to ask the second question.
Kalle Grünthal
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Kalle Grünthal warned that the core of the discussion is a secret examination, or surveillance measure, which in criminal proceedings is decided solely by the Prosecutor’s Office and which violates the inviolability of family and private life. He recommended fully utilizing modern technical equipment for screening, similar to those used in airports.
Rahandusminister Mart Võrklaev
AI Summary
He emphasized that this bill does not grant anyone any new rights regarding the opening of those packages, and the substance of the bill is entirely different.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi invites Helle-Moonika Helme to the stage.
Helle-Moonika Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Helle-Moonika Helme acknowledges the contradiction: the legal amendment is meant to improve the blocking of prohibited and restricted goods being sent to Estonia, but simultaneously, it simplifies state oversight and the inspection of postal shipments. She asks how extensive this gray area could be, whether an analysis has been conducted, and how they intend to handle the situation.
Rahandusminister Mart Võrklaev
AI Summary
Finance Minister Mart Võrklaev explains that the draft bill does not change the current inspection of postal shipments or create a gray area. Instead, if a postal shipment is opened and no prohibited products are found, an official report will not be drawn up about it. Instead, a notice will be placed on the opened package, which increases efficiency and allows the limited number of customs officials to detect more violations.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi invited Arvo Aller to speak.
Arvo Aller
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Arvo Aller pointed out that, in light of the austerity measures tied to the state budget, inaction could result in the layoff of approximately 50 officials from the Tax and Customs Board, and he asked how significant the bill's impact on the state budget would be.
Rahandusminister Mart Võrklaev
AI Summary
State budget savings and layoffs will not occur, and this draft bill will not generate financial savings, but customs work will become more efficient, and the sending of postal packages will be faster for both the sender and the recipient, as checks will be risk-based and supplementary when necessary.
Aseesimees Toomas Kivimägi
AI Summary
The Deputy Speaker calls upon Jaak Valge to speak.
Jaak Valge
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Jaak Valge asks whether the increase in violations is clearly related to the growth of international postal shipments, how much the violations have increased, where most illegal shipments come from, and whether there is a correlation with the growth of general crime.
Rahandusminister Mart Võrklaev
AI Summary
In 2023, customs officials reviewed over 5,000 shipments, and violations were detected in 1,317 cases. Although I do not currently have the specific information regarding the other questions with me, we will send it to you.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi invited Erkki Keldo to speak.
Erkki Keldo
AI Summary
The aim of this draft bill is to ensure that the Tax and Customs Board does not have to issue an additional declaration for correctly documented parcels, as a formal record is compiled regarding any opened postal item, and the individual may request this record from the postal service provider if necessary.
Rahandusminister Mart Võrklaev
AI Summary
The inspection of a postal shipment involves two parties: the postal service employee who opens the package and the customs officer. If no violation is found, customs is not required to draw up an additional formal report.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi notes that several questions have disappeared from the screen, and asks Tanel Kiik to respond.
Tanel Kiik
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Tanel Kiik begins his address, but there is a buzz in the hall.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi, the Vice-Chairman, calls for quiet and permits Tanel to ask a relevant question.
Tanel Kiik
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Tanel Kiik seeks confirmation that the bill will reduce unnecessary bureaucracy and channel resources to where they are needed to inspect illegal goods, preventing them from entering Estonia as small consignments.
Rahandusminister Mart Võrklaev
AI Summary
He stressed that unnecessary work would be cut down and no one's rights would be infringed upon, but customs officials would gain more resources for detecting prohibited shipments. This serves to protect society and young people, despite the fact that prohibited goods such as e-liquids, vapes, snus, and oral tobacco are still being sent to and ordered in Estonia.
AI Summary
Rene Kokk criticized the fact that the minister's answers were being interpreted by the public and that the question of responsibility remained unanswered. He then demanded an answer to Kert Kingo's question, pointing out that Erkki Keldo would be next to give his presentation after the minister.
Aseesimees Toomas Kivimägi
AI Summary
Vice-Speaker Toomas Kivimägi invited Rene Kokk to speak.
Rahandusminister Mart Võrklaev
AI Summary
Finance Minister Mart Võrklaev said that he understands the concern caused by the recurring question and the confusion, and that if anything were to go missing from a shipment, this draft legislation changes absolutely nothing, and people's existing rights will be preserved.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi turned to Ants Frosch and said, "Please."
Ants Frosch
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Ants Frosch highlighted the risk associated with inspecting the subcategory of postal shipments known as letters, noting that opening them could violate privacy, and asked whether the ministry planned to implement additional control measures that the customs office could utilize to protect personal privacy.
Rahandusminister Mart Võrklaev
AI Summary
Postal shipments are opened only on the basis of a risk assessment and in justified cases, and this draft bill does not grant anyone new rights or deal with the tightening of secrecy rules.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi invited Helle-Moonika Helme to ask her second question.
Helle-Moonika Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Helle-Moonika Helme stated that the public is waiting for clarification, and she is asking how this updated law now protects young people and society more effectively than the previous version.
Rahandusminister Mart Võrklaev
AI Summary
Võrklaev said that if no violation is found in a shipment opened due to suspicion, the protocol will be drawn up by the postal or courier service, not customs. This reduces paperwork and allows customs to focus on inspections, thereby better protecting society and young people.
Aseesimees Toomas Kivimägi
AI Summary
The Minister highlighted the best pun of the day and called Ants Frosch.
Ants Frosch
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Ants Frosch highlights that opening mail poses a risk of obtaining private information, a method utilized by security agencies, and he questions whether similar control measures should be implemented in customs to protect personal data.
Rahandusminister Mart Võrklaev
AI Summary
Finance Minister Mart Võrklaev said that packages and letters may only be opened with justification, and the individual will always be informed if their shipment has been opened. He added that the draft bill does not grant anyone new rights, but instead maintains the requirement for justified opening and risk assessment.
Tanel Kiik
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Tanel Kiik asks whether supplementing the Customs Act is in the interest of legal certainty and whether, in practice, not much will change, given that supervision is already being carried out to a certain extent.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi called upon Tanel Kiik to ask the second question.
Rahandusminister Mart Võrklaev
AI Summary
Finance Minister Mart Võrklaev said that the Tax and Customs Board already has the obligation to monitor that prohibited goods do not cross the borders of the union, and for the sake of legal clarity, the Customs Act will specify that the agency has this right and may exercise it, while simultaneously adding additional measures to prevent the further movement of the goods.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi invited Siim Pohlak to speak.
Siim Pohlak
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Siim Pohlak asks how, in the event of problems, it is determined who was with the packages and exactly how the procedure worked, and whether the absence of protocols could cause confusion and difficulties for people finding their belongings due to negligence.
Rahandusminister Mart Võrklaev
AI Summary
Finance Minister Mart Võrklaev said that the bill’s goal is to reduce duplication: if there is reason to suspect prohibited goods in a package, it will be opened by the postal and courier service provider and an official from the Tax and Customs Board. The tax official will draw up a report only if a violation is found. An "opened" label will be placed on the package, and all procedures are traceable, ensuring that people's rights are not compromised.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi thanked the minister, stated that there were no questions, and named Erkki Keldo, a member of the Economic Affairs Committee, as the rapporteur to the Riigikogu rostrum on behalf of the lead committee.
Erkki Keldo
AI Summary
Erkki Keldo acknowledged that the draft legislation handled by the committee was not as detailed as it would be in the main chamber, but noted that there are interested parties in the plenary session. The bill was discussed in the Economic Affairs Committee on January 9th, attended by Finance Minister Mart Võrklaev and Eve-Ly Kübard. During the discussion, the minister presented the core substance, and key problematic groups of goods were debated, including narcotic substances and other prohibited tobacco products. Kaido Rosin subsequently raised a question regarding the disappearance of the inspection report, to which the response was that the procedure is regulated by Section 32 of the Postal Act and the minutes would be retained. It was decided to appoint a representative of the lead committee, place the bill on the plenary agenda for January 17th, and conclude the first reading by consensus.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi thanks [the previous speaker/audience] and invites Rene Kokk to ask a question.
AI Summary
Rene Kokk thanked the rapporteur and the faction chairman for their good work, noting that the main chamber showed significantly greater interest than the committee had, and that this interest was primarily split between EKRE members and one social democrat, even though the coalition itself did not show such great interest. He also thanked them for interpreting the minister’s thoughts and wished for good cooperation.
Erkki Keldo
AI Summary
He noted that this was not the issue, and although the Reform Party showed interest, the matter needs clarification, and this applies to more than just the Social Democrats and EKRE. He added that it was great to have the discussion.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi asks if Kert Kingo also wishes to thank.
Kert Kingo
AI Summary
Kert Kingo thanks the assembly for the opportunity to speak and notes that the draft legislation managed to draw even about ten coalition members into the chamber. EKRE was left isolated, and the debate was mostly restricted, but eventually, the coalition MPs also had to put in some work, and at least they showed up. She concludes by thanking them for bringing such an interesting bill to the floor.
Erkki Keldo
AI Summary
Erkki Keldo emphasizes that a lot of substantive work is done in the committees, involving relevant parties, before the draft legislation ever reaches the plenary session, and both the coalition and the opposition carry out their work according to their best judgment.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi stated that questions are only reasonable when an issue is unclear, but coalition members apparently have the matter settled, and therefore do not need to ask questions; he stressed that the proceedings can be monitored not only in the chamber but also in their offices via television, and requested answers be provided in the committees to save the plenary hall's time regarding the 33 agenda items, after which Helle-Moonika Helme posed a question to the presiding officer of the session.
Helle-Moonika Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Helme said that the debate was very substantive, and the questions asked and the answers received were pertinent, but the presiding officer’s claim regarding the motives behind the questions was, in his view, inappropriate.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi stated that he had no complaints regarding the questions pertaining to this agenda item, and clarified that the note "ask later" was directed at the coalition members, adding that if the matter is clear, there is no reason to ask questions.
Arvo Aller
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Arvo Aller raised a relevant question and argued that it is unacceptable to suggest that questioners know nothing about the issue, emphasizing that the Q&A session in the main chamber must also be open to non-committee members.
Aseesimees Toomas Kivimägi
AI Summary
He repeats that questions should only be asked regarding matters that remain unclear, and now announces open negotiations for the factions, granting authority to Tanel Kiik on behalf of the SDE faction.
Tanel Kiik
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Tanel Kiik supports the draft bill as a good example of bureaucracy reduction, emphasizing that protocols should only be formalized if they provide added value, and resources ought to be directed toward areas where illegal goods are being inspected.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi announced that there were no further requests for interventions, the first reading of Bill 351 has been concluded, and the deadline for submitting amendments is January 31st at 5:15 PM, and the consideration of the third item on the agenda has been completed.