OPINION OF THE COMMISSION pursuant to Article 251(2) (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THECOUNCIL amending the Decision of 19 December 1996 adopting an action programme for customs in the Community (Customs 2000) AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the EC Treaty

1. background

Date of transmission of the proposal to the European Parliament and Council [1] // 11 November 1998

[1] COM(1998)644 - 98/0314/COD

Date of Economic and Social Committee opinion // 24 March 1999

Date of European Parliament opinion first reading // 15 April 1999

Date of transmission of the amended proposal [2] // 2 June 1999

[2] COM(1999)253 - 98/0314/COD

Date of the common position // 13 September 1999

Date of the Commission communication to the European Parliament on the common position [3] // 9 September 1999

[3] SEC(99)1376 - 98/0314/COD

Date of the adoption of the opinion of the European Parliament in second reading // 2 December 1999

2. Purpose of the Commission's proposal

The proposed decision would amend the Decision of 19 December 1996 adopting an action programme for customs in the Community (Customs 2000) to extend the programme to 31 December 2002. It would also bring different activities such as computerisation, training and technical assistance to certain third countries together in a single instrument under a single budget heading.

3. Comments on the amendments of the European Parliament in second reading

3.1. General

The Commission considers that the amendments made by the European Parliament to the Council's common position correspond to the objectives of the proposal.

3.2. Comments on the amendments

Amendment 1

Article 1(1)(b)

Council's common position // Amendment

"2a. The customs policy strategy shall be drawn up in partnership between the Commission and the Member States in the Customs Policy Committee, composed of Heads of Customs Administrations from the Commission and the Member States or their representatives. The Commission shall keep the Committee regularly informed of measures relating to the implementation of the programme". // "2a. A common approach regarding the customs policy shall be drawn up in partnership between the Commission and the Member States in a Customs Policy Group, composed of Heads of Customs Administrations from the Commission and the Member States or their representatives. The Commission shall keep the Customs Policy Group regularly informed of measures relating to the implementation of the programme".

The Commission, whose aim is to preserve the functions of the forum in question may accept this amendment. The amendment of the introduction ("common approach") aims at precising the rôle of the Group, and may also be accepted by the Commission.

Amendment 2

Article 14a(1), second subparagraph

Council's common position // Amendment

Member States shall take the measures necessary to ensure that their officials participate effectively in the work of the host authorities. To this end, they shall authorise the officials taking part in exchanges to carry out the formalities relating to the acts assigned to them. Where circumstances so require, and in particular in order to take account of the specific requirements of the legal system of each Member State, the competent authorities of the Member States may restrict the scope of the said authorisation. // Member States shall take the necessary steps to enable exchange officials to be operational in the host service. To this end, exchange officials shall be authorised to carry out the formalities relating to the duties entrusted to them. If circumstances so require, and, in particular, in order to take account of the specific requirements of the legal system of each Member State, the competent authorities in the Member States may limit the said authorisation.

The Commission accepts this new wording, which appears already in Council Decision 91/341/EEC of 20 June 1991 on the adoption of a programme of Community action on the subject of the vocational training of customs officials (Matthaeus programme - OJ No L 187 of 13.7.1991, p. 41).

4. General conclusions

The Commission considers that the Council's common position, as amended by the European Parliament in second reading, is a balanced compromise and respects the objectives of the Commission.

Accordingly, the Commission accepts the amendments presented by the European Parliament which complement the Council's common position.