Amended proposal for a European Parliament and Council Regulation (EC) on mutual assistance between the administrative authorities of the Member States and co-operation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (94/C 80/08) (Text with EEA relevance) COM(94) 34 final - COD 450

(Submitted by the Commission pursuant to Article 189A (2) of the EC Treaty on 17 February 1994)

In response to the opinion of the European Parliament delivered on 15 December 1993 on the amended proposal for a Council Regulation (EEC) on mutual assistance between the administrative authorities of the Member States and co-operation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (1) and in accordance with Article 189A (2) of the EC Treaty, the Commission has decided to amend the abovementioned proposal as follows:

1. The second recital is replaced by the following text:

'Whereas rules should therefore be drawn up whereby the Member States' administrative authorities assist each other and cooperate with the Commission in order to guarantee the proper application of customs or agricultural regulations and to provide for legal protection of the Community's financial interests, in particular by preventing and investigating breaches of these regulations and by investigating actions which are or appear contrary to those regulations; whereas in order to ensure the effectiveness and uniform application of such a system the rules should be laid down at Community level;`

2. The fourth recital is replaced by the following text:

'Whereas, in the light of the changes brought about in the context of the internal market and in particular the abolition of customs controls at internal Community borders, it is nevertheless necessary, in the light of the experience gained, to amend the provisions of Regulation (EEC) No 1468/81 in order to strengthen the cooperation between the administrative authorities of the Member States responsible for the application of the provisions adopted in the field of customs union and the common agricultural policy and between those authorities and the Commission; whereas in view of the scale of these changes, Regulation (EEC) 1468/81 should be replaced;`

3. The 10th recital is replaced by the following text:

'Whereas the implementation of national rules concerning criminal proceedings should not have the effect of delaying or hindering the application of mutual administrative assistance; whereas measures must therefore be taken to the secure the latter;`

4. In Article 3, the last subparagraph is replaced by the following text:

'The competent judicial authority, consulted for this purpose in every case, may oppose such communication. Reasons for opposing communication shall be stated.`

5. In Article 8, subparagraph 1, the following text is added:

'or, where applicable, concerning the findings of the special watch carried out pursuant to Article 7.`

6. In Article 18, paragraphs 4 and 5 are replaced by the following text:

'4. Where the Commission considers that irregularities have taken place in one or more Member States, it shall inform the Member State or States concerned thereof and that State or those States shall at the earliest opportunity carry out an enquiry, in which Commission officials may take part under the conditions laid down in Articles 9 (2), second and third subparagraphs and 11 of this Regulation.

The Member State concerned shall, as soon as possible, communicate to the Commission the findings of the enquiry.

5. Representatives of the Commission may collect the information specified in Article 10 of this Regulation under the conditions laid down by common accord.`

7. In Article 19, subparagraph 1, the text 'and, if necessary subject to the agreement of the person concerned, in so far as this does not jeopardise the successful outcome of the enquiry` is deleted.

8. Article 20 is modified as follows:

(i) Paragraph 2, subparagraph 1, is replaced by the following text:

'2. The Community missions to third countries referred to in paragraph 1 shall be governed by the following conditions`;

(ii) Paragraph 2, subparagraph 2, point (a), is replaced by the following text:

'(a) they may be undertaken at the Commission's initiative, on the basis of information provided by the European Parliament if any, or at the request of one or more Member States;`;

(iii) Paragraph 3 is replaced by the following text:

'3. The Commission shall inform the Member States and the European Parliament of the results of missions carried out pursuant to this Article.`

9. Article 25 is modified as follows:

(i) In subparagraph 1, the following text is added:

'(ix) a warning code indicating any criminal record;

(x) a warning code indicating any administrative offences constituting a breach of financial rules;

(xi) address;

(xii) nature of the case;

(xiii) a cross reference to data in the CIS concerning persons, businesses, goods or means of transport associated with the suspect;

(xiv) route used;

(xv) customs offices notified;

(xvi) modus operandi;

(xvii) details of the customs authorities to be contacted.`;

(ii) In subparagraph 2, the last sentence is deleted.

10. Article 48, paragraph 1, is replaced by the following text:

'1. This Regulation shall not bind the Member States' administrative authorities to grant each other assistance where to do so would be likely to be injurious to public order.`

11. Article 51 is replaced by the following text:

'Without prejudice to the fourth indent of Article 2 (1) or to Article 3, this Regulation shall not affect the application in the Member States of rules on mutual assistance in criminal matters.`

(1) OJ No C 262, 28. 9. 1993, p. 8.