A4-0440/98

Proposal for a Council Directive amending Directive 94/4/EC of 14 February 1994 and extending the temporary derogation applicable to Germany and Austria (COM(98)0473 - C4-0515/98 - 98/0250(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

ARTICLE 1

Article 3(2) (Directive 94/4/EC)

>Original text>

2. By way of derogation from paragraph 1, the Federal Republic of Germany and the Republic of Austria shall be authorised to bring into force the measures necessary to comply with this Directive by 1 January 2003 at the latest for goods imported by travellers entering German or Austrian territory by a land frontier linking Germany or Austria to countries other than Member States and the EFTA members or, where applicable, by means of coastal navigation coming from the said countries.

>Text following EP vote>

2.

By way of derogation from paragraph 1, the Federal Republic of Germany and the Republic of Austria shall be authorised to bring into force the measures necessary to comply with this Directive by 1 January 2002 at the latest for goods imported by travellers entering German or Austrian territory by a land frontier linking Germany or Austria to countries other than Member States and the EFTA members or, where applicable, by means of coastal navigation coming from the said countries.

>Original text>

However, those Member States shall apply an allowance of not less than ECU 100 from 1 January 1999 to imports by the travellers referred to in the preceding subparagraph. They shall jointly increase that amount gradually, with a view to applying the limit in force in the Community to the said imports by 1 January 2003 at the latest.

>Text following EP vote>

However, those Member States shall apply an allowance of not less than ECU 100 from 1 January 1999 to imports by the travellers referred to in the preceding subparagraph.

The ECU 175 limit shall be in force in the Community by 1 January 2002.

(Amendment 2)

ARTICLE 2a (new)

>Text following EP vote>

Article 2a

The Commission shall produce, by 30 June 1999, a study examining in detail the effects of the first phase of the increase in the allowance on local suppliers and, in particular, small and medium-sized businesses in the frontier regions of the Federal Republic of Germany and the Republic of Austria.

(Amendment 3)

ARTICLE 2b (new)

>Original text>

>Text following EP vote>

Article 2b

In that study the Commission shall draw up concrete proposals with a view to preparing the undertakings concerned for the new limits by means of appropriate measures, particularly in the field of structural policy.

(Amendment 4)

ARTICLE 2c (new)

>Text following EP vote>

Article 2c

In that study, finally, the Commission shall draw up concrete proposals with a view to bringing countries other than Member States and EFTA members that border on German or Austrian territory rapidly into line with the European Community's competition system, in keeping with pre-accession strategy, in order to avert cross-border distortions of the market.

Legislative resolution embodying Parliament¨s opinion on the proposal for a Council Directive amending Directive 94/4/EC of 14 February 1994 and extending the temporary derogation applicable to Germany and Austria (COM(98)0473 - C4-0515/98 - 98/0250(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(98)0473 - 98/0250(CNS) ((OJ C 273, 2.9.1998, p. 8.)),

- having been consulted by the Council pursuant to Article 99 of the EC Treaty (C4-0515/98),

- 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 (A4-0440/98),

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

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

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