A4-0041/98

Proposal for a Council Regulation (EC, EURATOM) amending Council Regulation (EEC, EURATOM) No 1552/89 implementing Decision 94/728/EC, EURATOM on the system of the Communities' own resources (COM(97)0343 - C4-0395/97 - C4-0575/97 - 97/0188(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

ARTICLE 1(1)

Article 2(1c) (Regulation 1552/89)

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1c. In cases where the competent administrative authorities do not make an entry in the accounts for the customs debt on the basis of the customs regulations, even though the debtor is known and the amount due may be calculated, and the amount involved exceeds ECU 2000, an ad hoc entry is made in the account referred to in Article 6(2)(a) without notification of the debtor for the purposes of the establishment referred to in paragraph 1.

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1c. In cases where the competent administrative authorities do not make an entry in the accounts for the customs debt on the basis of the customs regulations, even though the debtor is known and the amount due may be

paid, an ad hoc entry is made in the account referred to in Article 6(2)(a) without notification of the debtor for the purposes of the establishment referred to in paragraph 1 in cases where:.

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(a) the competent administrative authorities do not make an entry in the accounts for the customs debt on the basis of Article 220(2)(b) of Council Regulation No 2913/92 establishing the Community Customs Code,

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(b) the debtor cannot be notified within the period referred to in Article 221(3) of the Regulation referred to in subparagraph (a) above for reasons which can be attributed to the customs authorities.

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The date referred to in Article 7(2) of this Regulation shall be based on the financial year during which the ad hoc entry referred to above is made.

(Amendment 2)

ARTICLE 1(2)(a)

Article 17(2) (Regulation 1552/89)

>Original text>

2. Member States shall be released from the obligation to place at the disposal of the Commission the amounts corresponding to established entitlements which prove irrecoverable:

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2.

Member States shall be released from the obligation to place at the disposal of the Commission the amounts corresponding to established entitlements which prove irrecoverable:

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(a) either for reasons of force majeure

(b) or in specific cases for reasons which cannot be attributed to them.

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(a)

either for reasons of force majeure

(b) or for reasons which cannot be attributed to them.

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The amounts of established entitlements shall be declared irrecoverable by a substantiated decision of the competent administrative authority noting the impossibility of recovering them.

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The unrecovered amounts shall be removed from the separate account referred to in Article 6(2)(b). They shall be included in the quarterly statement referred to in Article 6(3)(b) and, where applicable, in the quarterly statement referred to in Article 6(4):

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The amounts of established entitlements shall be deemed irrecoverable at the latest after a period of five years from the date on which the amount has been notified in accordance with Article 2 or, in the event of an administrative or judicial appeal, from notification of the final decision.

>Original text>

- as soon as an administrative decision confirms that they cannot be recovered;

- at the latest, after a period of five years from the date on which the amount has been notified in accordance with Article 2 or, in the event of an administrative or judicial appeal, from notification of the final decision.

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The amounts

declared or deemed irrecoverable shall be deducted from the separate accounts referred to in Article 6(2)(b). The amounts deducted shall be mentioned in an annex to the quarterly statement referred to in Article 6(3)(b) and, where applicable, in the quarterly statement referred to in Article 6(4). This statement shall distinguish the amounts deducted depending on whether they have been declared or are deemed irrecoverable.

(Amendment 3)

ARTICLE 1(2)(b)

Article 17(3), 1st subparagraph (Regulation 1552/89)

>Original text>

3. Within three months of the administrative decision mentioned in paragraph 2 or in accordance with the time limit referred to in the second indent of that paragraph, the Member States shall provide the Commission with information on cases where paragraph 2 is being applied if the established entitlements involved exceed ECU 50 000, converted into national currency at the rate applying on the first working day of October of the previous calendar year.

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3.

Within three months of the administrative decision mentioned in paragraph 2 or in accordance with the time limit referred to in the second indent of that paragraph, the Member States shall provide the Commission with information on cases where paragraph 2 is being applied if the established entitlements involved exceed ECU 10 000, converted into national currency at the rate applying on the first working day of October of the previous calendar year.

(Amendment 4)

ARTICLE 1(2)(c)

Article 17(4) (Regulation 1552/89)

>Original text>

4. The Commission must adopt a decision within six months of receipt of the report provided for in paragraph 3 if it considers that the conditions set out in the first subparagraph of paragraph 2 have not been met. In this case, the Member State concerned is obliged to make available to the Commission the amount corresponding to the unrecovered entitlements at the latest on the first working day after the 19th day of the second month following the month during which it was notified of the decision.

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4.

The Commission must adopt a decision within six months of receipt of the report provided for in paragraph 3 if it considers that the conditions set out in the first subparagraph of paragraph 2 have not been met. In this case, the Member State concerned is obliged to enter the amount corresponding to the unrecovered entitlements in the accounts referred to in Article 6(2)(a) and to make it available to the Commission at the latest on the first working day after the 19th day of the second month following the month during which it was notified of the decision.

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If the Commission remains silent for six months, the Member State is released from its obligation to make available the amounts written off.

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If the Commission remains silent for six months, the Member State is

not released from its obligation to make available the amounts written off.

(Amendment 5)

ARTICLE 1(2)(d)

Article 17(5), last subparagraph (Regulation 1552/89)

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By 30 September of the same financial year the Commission shall send to the European Parliament and to the Council a summary report on the notifications by the Member States under this Article and Article 6(4).

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By 30 September of

each financial year the Commission shall send to the European Parliament and to the Council a summary report on the notifications by the Member States under this Article and Article 6(4).

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By derogation from these provisions the Commission shall send to the European Parliament and the Council by 30 September 1998 a summary report on the notifications by the Member States during the past five years under this Article and Article 6(4).

(Amendment 6)

ARTICLE 1(2)(da) (new)

Article 17(6) (new) (Regulation 1552/89)

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(da) The following paragraph 6 shall be added:

"6. Any amount recovered after being deducted from the accounts referred to in Article 6(2)(b) shall be entered in the accounts referred to in Article 6(2)(a) and made available to the Commission on the terms laid down in this Regulation.¨

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation (EC, EURATOM) amending Council Regulation (EEC, EURATOM) No 1552/89 implementing Decision 94/728/EC, EURATOM on the system of the Communities' own resources (COM(97)0343 - C4-0395/97 - C4-0575/97 - 97/0188(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(97)0343 - 97/0188(CNS) ((OJ C 267, 3.9.1997, p. 64.)),

- having been consulted by the Council pursuant to Article 209 of the EC Treaty (C4-0395/97),

- having regard to the opinion of the Court of Auditors (C4-0575/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Budgets (A4-0041/98),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 119, second paragraph, of the Euratom Treaty;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Calls for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament;

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

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