A4-0136/99

Proposal for a European Parliament and Council Decision amending the Decision of 19 December 1996 adopting an action programme for customs in the Community (Customs 2000) (COM(98)0644 - C4-0639/98 - 98/0314(COD))

The proposal was approved with the following amendments:

(Amendment 1)

Recital -1 (new)

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(-1) Whereas the European Parliament and the Commission established a code of conduct on the provision of information and the attendance of representatives of the European Parliament during the proceedings of committees of the Commission as set out in Parliament's resolution of 24 October 1996(1);

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(1) OJ C 347, 18.11.1996, p. 125.

(Amendment 2 )

Recital -1a (new)

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(-1a) Whereas on 6 March 1995 the European Parliament, the Council and the Commission adopted a Joint Declaration on the incorporation of financial provisions into legislative acts(1);

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(1) OJ C 102, 4.4.1996, p. 4.

(Amendment 3)

Recital 3a (new)

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(3a) Whereas around 18 million transit operations are carried out in the European Union per year; whereas the development of the TRANSIT system represents 23% of the total budget of Customs 2000; whereas the Report on the implementation of the Customs 2000 Programme (COM(98)0471) states that there have been considerable delays in the computerisation of the TRANSIT system;whereas this will result in a four-year delay compared to the initial target date;

(Amendment 4)

Recital 6a (new)

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(6a) Whereas such an integrated approach will guarantee not only the necessary budgetary transparency for the European Parliament, the Council and the Commission but also the transparency of European customs policy as a whole;

(Amendment 6)

Recital 6b (new)

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(6b) Whereas the correct functioning of the sector and the fight against fraud are the priorities in the implementation of the programme;

(Amendment 7)

Recital 8a (new)

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(8a) Whereas receipts from third countries are resources pre-allocated to the programme in question and are entered as such on the corresponding expenditure item;

(Amendment 8)

Recital 10

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(10) Whereas, to assist the Commission in its administration of the programme and facilitate the adoption of application procedures, a Committee should be set up in parallel to the partnership bodies established under Decision 210/97/EC,

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(10)

Whereas, to assist the Commission in its administration of the programme and facilitate the adoption of application procedures, a single Committee should be set up superseding the Customs Policy Committee established under Decision 210/97/EC,

(Amendment 9)

Recital 10a (new)

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(10a) Whereas all decisions taken under the Committee procedure must be transparent for the European Parliament, customs administrations and industry;

(Amendment 10)

Recital 10b (new)

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(10b) Whereas budgetary transparency is essential;

(Amendment 11)

ARTICLE 1(1a)(new)

Article 3 (Decision 210/97/EC)

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1a. Article 3 is amended as follows:

'Article 3

The implementation of the programme shall be coordinated and organised in partnership between the Commission and the Member States.'

(Amendement 12)

ARTICLE 1(1b) (new)

Article 8(2), 2nd indent (Decision 210/97/EC)

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1b. In Article 8(2) second indent: 'by 1998' is deleted.

(Amendment 13)

ARTICLE 1(1c) (new)

Article 8(2a) (new) (Decision 210/97/EC)

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1c. In Article 8 the following new paragraph 2a is added:

'2a. The computerisation of the Transit system, referred to in paragraph 2, indent 2, must be finalised and fully operational by 30 June 2003 . The Commission shall inform the European Parliament immediately of any delays in the development and introduction of the NCTS (New Computerised Transit System).'

(Amendment 14)

ARTICLE 1(1d)(new)

Article 8(2b)(new) (Decision 210/97/EC)

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1d. In Article 8 the following new paragraph 2b is added:

"2b. Elements to support the fight against fraud shall be integrated in all actions taken in the framework of this programme, unless they hamper the successful completion of the actions themselves¨

(Amendment 15)

ARTICLE 1(1e)(new)

Article 11 (Decision 210/97/EC)

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1e. In Article 11 'Article 3" is replaced by 'Article 20".

(Amendment 16)

ARTICLE 1(1f)(new)

Article 12(4a)(new)(Decision 210/97/EC)

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1f. In Article 12 the following new paragraph 4a is added:

"4a. Without prejudice to modifications of the Financial Regulation and of the Decision on the system of own resources the Commission shall seek to establish, in partnership with the Member States, performance criteria to support the monitoring of the Member States´ performance in administering the collection of EC customs duties.¨

(Amendment 17)

ARTICLE 1(6)

Article 19, 2nd paragraph (new) (Decision 210/97/EC)

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The annual breakdown of appropriations dedicated to the co-financing of this programme is published in Annex IV, part B, Section III of the EU budget.

(Amendment 18)

ARTICLE 1(7)

Article 20 (Decision 210/97/EC)

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The Commission shall be responsible for the implementation of the programme which shall be coordinated and organised in partnership with the Member States.

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The Committee shall be assisted in carrying out its tasks by a committee made up of Member States representatives and chaired by a Commission representative

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The

Commission shall be assisted by a committee composed of one representative per Member State and chaired by a Commission representative. One representative of the partner countries mentioned in Article 19 may attend proceedings for those parts which concern them, at those countries' own expense.

The Committee shall meet at least once per year in plenary session.

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The Commission representative shall submit to the committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chair may lay down according to the urgency of the matter, deciding by vote where appropriate.

The opinion shall be entered in the minutes; each Member State shall also have the right to require that its opinion is included in the minutes.

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The Commission representative shall submit to the committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chair may lay down according to the urgency of the matter

in question, deciding by vote where appropriate.

The opinion shall be entered in the minutes; each Member State shall also have the right to require that its opinion is included in the minutes.

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The Commission shall take full account of the Committee opinion. It shall inform the Committee of how it has taken account of its opinion.

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The Commission shall take full account of the Committee opinion. It shall inform the Committee of how it has taken account of its opinion.

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The Committee shall meet as a rule in public, unless a specific duly motivated decision is taken to the contrary and published in good time. It shall publish agendas two weeks in advance of its meetings. It shall establish a public register of declarations of interest by its members.

(Amendment 19)

ARTICLE 1(8) (new)

Article 21(3a)(new) (Decision 210/97/EC)

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3a. The communication and final report referred to under paragraph 3 above shall analyse all the progress achieved in the case of each measure in the programme. They shall be accompanied by a report analysing the strengths and weaknesses of any kind of customs computerisation systems involved in the implementation of the internal market.

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These reports shall set out any proposals for ensuring identical treatment for operators all over Community customs territory and the gathering of information to help ensure that the Community's financial interests are properly protected.

(Amendment 20)

ARTICLE 1(9)

Article 22(1), 1st subparagraph (Decision 210/97/EC)

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Without prejudice to operations financed under other Community programmes, the financial framework for the implementation of this programme for the period 1 January 1996 to 31 December 2002, is hereby set at ECU 136 million.

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Without prejudice to operations financed under other Community programmes, the financial framework for the implementation of this programme for the period 1 January 1996 to 31 December 2002, is hereby set at

EUR 142.3 million.

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That amount may possibly be reviewed in a proportion not exceeding 20% of the amount in the context of the annual budgetary procedure.

The amount may include technical assistance for the measures covered by this Decision within the limit that will be established in the budgetary decisions, including studies to assist with the preparation and monitoring of the programme, information and publicity campaigns.

Legislative resolution embodying Parliament¨s opinion on the proposal for a European Parliament and Council decision amending the Decision of 19 December 1996 adopting an action programme for customs in the Community (Customs 2000) (COM(98)0644 - C4-0639/98 - 98/0314(COD))(Codecision procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to Parliament and the Council, COM(98)0644 - 98/0314(COD) ((OJ C 396, 19.12.1998, p. 13.)),

- having regard to Articles 189b(2) and 100a of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0639/98),

- 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 Budgets and the Committee on Budgetary Control (A4-0136/99),

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.