A4-0080/99

Proposal for a European Parliament and Council Regulation (EC) amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (COM(98)0226 - C4-0370/98 - 98/0134(COD))

The proposal was approved with the following amendments:

(Amendment 1)

ARTICLE 1(1)

Article 5(2), 2nd subparagraph (Regulation (EEC) No 2913/92)

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1. The second subparagraph of Article 5(2) is replaced by the following:

'Member States may reserve the right, on their territory, to make customs declarations by indirect representation to customs agents.

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Implementing provisions may be laid down in accordance with the Committee procedure, in particular to ensure equitable conditions of access to the two types of representation."

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(Amendment 15)

ARTICLE 1(1a) (new)

Article 13 (Regulation (EEC) No 2913/92)

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1a. Article 13 is replaced by the following:

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'Article 13

The customs authorities shall adopt, under the terms laid down by the provisions in force, the control measures which they consider necessary for the correct application of Community customs rules and procedures. They shall also introduce effective control measures which shall guarantee uniform application of those rules and facilitate the fight against fraud.'

(Amendment 2)

ARTICLE 1(4)

Article 62(3) (Regulation (EEC) No 2913/92)

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4. The following paragraph is added to Article 62:

"3. Exceptions to the requirement established in paragraph 2 may be laid down in accordance with the committee procedure, in particular where the declaration is made electronically.

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However, the right of access without prior warning of the national authorities or, where appropriate, of Community authorities, together with the obligation on the part of the operator to keep the proof for a minimum period shall be guaranteed. Implementing measures shall also be defined in accordance with the committee procedure.¨

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(Amendments 3 and 14)

ARTICLE 1(4a) (new)

Article 77, 2nd and 3rd paragraphs (new) (Regulation (EEC) No 2913/92)

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4a. The following paragraphs are added to Article 77:

'Where the customs declaration is made by means of a data-processing technique, the customs authorities may allow required accompanying documents referred to in Article 62(2) to be made out and transmitted by electronic means, or kept at their disposal instead of accompanying the declaration, thereby enabling customs authorities to have access thereto without prior warning.

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The right of free access without prior warning of the national authorities or, where appropriate, of Community authorities, together with the obligation on the part of the operator to keep the proof for a minimum period shall also be guaranteed. Implementing arrangements shall be defined in accordance with the committee procedure.¨

(Amendment 4)

ARTICLE 1(5)

Article 115(4) (Regulation (EEC) No 2913/92

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5. Article 115(4) is replaced by the following:

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"4. Specific provisions for the application of paragraph 1 may be adopted in accordance with the committee procedure.¨

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(Amendment 5)

ARTICLE 1(6)

Article 117(c) (Regulation (EEC) No 2913/92

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6. The following sentence is added to Article 117(c):

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'The cases in which the economic conditions are deemed to have been fulfilled may be determined in accordance with the committee procedure.¨

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(Amendment 6)

ARTICLE 1(7)

Article 118(4) (Regulation (EEC) No 2913/92

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7. Article 118(4) is replaced by the following:

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"4. Specific time limits may be laid down in accordance with the committee procedure.¨

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(Amendment 7)

ARTICLE 1(11)

Article 133(e) (Regulation (EEC) No 2913/92)

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11. In point (e) of Article 133, the following sentence is added:

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'The cases in which the economic conditions are deemed to have been fulfilled may be determined in accordance with the committee procedure.¨

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(Amendment 8)

ARTICLE 1(14)

Article 152 (Regulation (EEC) No 2913/92)

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14. Article 152 is replaced by the following:

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'Article 152

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By way of derogation from Article 151, the committee procedure may be used to determine the cases in which, and the specific conditions upon which, goods may be released for free circulation following an outward processing operation either with total relief from import duties, or by taking the cost of the processing operation as the basis for assessment for the purpose of applying the customs tariff of the European Communities.¨

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(Amendment 13)

ARTICLE 1(21a) (new)

Article 220(2)(b), new subparagraph (Regulation (EEC) No 2913/92)

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21a. The following subparagraph is added to Article 220(2)(b):

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'Where the preferential status of goods is established on the basis of administrative cooperation involving the authorities of a third country, the delivery of a certificate by these authorities which proves to be incorrect shall be considered as an error within the meaning of the preceding subparagraph which could not reasonably have been detected, unless the factual situation was incorrectly presented to the said authorities by the exporter."

(Amendment 10)

ARTICLE 1(22)(a)

Article 221(3) (Regulation (EEC) No 2913/92)

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(a) paragraph 3 is replaced by the following:

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"3. Communication to the debtor shall not take place after the expiry of a period of two years from the date on which the customs debt was incurred. Calculation of this period shall be suspended from the time an appeal within the meaning of Article 243 is lodged, for the duration of the appeal proceedings.¨

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(Amendment 11)

ARTICLE 2, first two paragraphs

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This Regulation shall enter into force on 1 January 1999.

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This Regulation shall enter into force on 1 January

2000.

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Point 1 of Article 1 shall apply from 1 January 2002.

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Legislative resolution embodying Parliament's opinion on the proposal for a European Parliament and Council Regulation (EC) amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (COM(98)0226 - C4-0370/98 - 98/0134(COD)) (Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(98)0226 - 98/0134(COD) ((OJ C 228, 21.7.1998, p. 8.)),

- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0370/98),

- 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 opinions of the Committee on External Economic Relations and the Committee on Budgetary Control (A4-0080/99),

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. 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;

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