51998AP0149

A4-0149/98

Proposal for a European Parliament and Council Regulation amending Regulation (EEC) No 2913/92 establishing the Community customs code (transit) (COM(97)0472 - C4-0489/97 - 97/0242(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 1a (new)

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(1a) Whereas all decisions taken under the committee procedure must be transparent for both customs administrations and industry;

(Amendment 2)

ARTICLE 1(1)

Article 91(1)(b) (Regulation (EEC) 2913/92)

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(b) Community goods, in cases and upon conditions determined in accordance with the committee procedure.

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(b)

Community goods, in cases and upon conditions determined in accordance with the committee procedure, in order to prevent products covered by or benefiting from export measures from either evading or benefiting unjustifiably from such measures.

(Amendment 3)

ARTICLE 1(2)

Article 92 (Regulation (EEC) 2913/92)

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The external transit procedure shall be discharged where the goods entered for the procedure are produced at the customs office of destination with the corresponding documents, in accordance with the provisions of the procedure in question.

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1. The external transit procedure shall end where the goods and the corresponding documents are produced at the customs office of destination in accordance with the provisions of the procedure in question.

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2. The external transit procedure shall be discharged only when the customs office of departure has established that, in accordance with the provisions of the procedure in question and in the shortest possible time, the goods have been duly produced with the corresponding documents at the customs office of destination.

(Amendment 4)

ARTICLE 1(3)

Article 94 (Regulation (EEC) 2913/92)

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3. Article 94(2), point (a) is replaced by the following:

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3. Article 94 is replaced by the following:

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"(a) journeys by air;¨

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'Article 94

1. The principal shall provide a guarantee in order to ensure payment of any customs debt or other charges which may be incurred in respect of the goods.

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2. The guarantee shall be an individual guarantee covering a single transit operation unless the principal is authorised by the customs authorities of the Member State where he is established to use a comprehensive guarantee covering a number of transit operations.

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3. Authorisation shall only be granted to persons who:

(a) are established in the European Community;

(b) have not committed serious or repeated offences against customs or tax legislation;

and

(c) have experience of Community transit procedures.

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4. Persons who satisfy the customs authorities that they meet higher standards of reliability may be additionally authorised to use a comprehensive guarantee for a reduced amount or to have a guarantee waiver.

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5. This authorisation may provide for restrictions on the use of the comprehensive guarantee or guarantee waiver with regard to goods which are considered to present an increased risk of fraud.

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6. The detailed rules of authorisation shall be determined in accordance with the committee procedure. They shall include transparent and harmonised measures concerning:

- the criteria to be met by persons to whom authorisation is to be granted;

- the restrictions on goods to which the comprehensive guarantee or the guarantee waiver shall apply; and

- the conditions with which an authorised person shall comply.¨

(Amendment 5)

ARTICLE 1(4)

Article 95 (Regulation (EEC) 2913/92)

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The cases in which and the conditions upon which a person may obtain from the customs authorities a guarantee waiver for Community transit operations carried out by him shall be determined in accordance with the committee procedure.

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1. Except in cases to be determined, where necessary in accordance with the committee procedure, no guarantee need be furnished for:

(a) journeys by air;

(b) the carriage of goods on the Rhine and the Rhine waterways;

(c) carriage by pipeline;

(d) operations carried out by the railway companies of the Member States.

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2. The cases in which the furnishing of a guarantee in respect of the carriage of goods on waterways other than those referred to in paragraph 1(b) may be waived shall be determined in accordance with the committee procedure.

(Amendment 6)

ARTICLE 1(5)

Article 96(1) and (2) (Regulation (EEC) 2913/92)

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5. Article 96(2) is deleted; Article 96(1) stands alone.

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Deleted

(Amendment 7)

ARTICLE 1(6)

Article 97(1) and (2) (Regulation (EEC) 2913/92)

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6. Article 97(2) is deleted; Article 97(1) stands alone.

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6. Article 97 is replaced by the following:

'Article 97

1. The detailed rules for the operation of the procedure and the exemptions shall be determined in accordance with the committee procedure.

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2. Provided that the implementation of Community measures applying to goods is guaranteed:

(a) Member States shall have the right, by bilateral or multilateral arrangement, to establish between themselves simplified procedures consistent with criteria to be set according to the circumstances and applying to certain types of goods traffic of specific undertakings;

(b) each Member State shall have the right to establish simplified procedures in certain circumstances for goods not required to move in the territory of another Member State.

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3. Simplified procedures established under paragraph 2(a) shall not be applied to:

- the guarantee system,

- the minimum data to be provided on the declarations, except as determined in accordance with the committee procedure.

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4. The simplifications granted under paragraph 2 shall be communicated to the Commission.¨

Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Regulation amending Regulation (EEC) No 2913/92 establishing the Community customs code (transit) (COM(97)0472 - C4-0489/97 - 97/0242(COD))(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(97)0472 - 97/0242(COD) ((OJ C 337, 7.11.1997, p. 52.)),

- having regard to Articles 189b(2), 28, 100a and 113 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0489/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Economic and Monetary Affairs and Industrial Policy and the opinion of the Committee on Budgetary Control (A4-0149/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189b(2) of the EC Treaty;

4. Should the Council intend to depart from the text approved by Parliament, calls on the Council to notify Parliament and requests that the conciliation procedure be initiated;

5. Points out that the Commission is required to submit to Parliament any modification it may intend to make to its proposal as amended by Parliament;

6. Instructs its President to forward this opinion to the Council and Commission.