Amended proposal for a European Parliament and Council Regulation (EC) amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code
Date: 1999-06-02
Institutions: European Commission
Subjects: codification of EU law, common tariff policy, customs duties, customs harmonisation, customs regulations

29.8.2000

EN

Official Journal of the European Communities

C 248 E/1

II

(Preparatory Acts)

COMMISSION

Amended proposal for a European Parliament and Council Regulation (EC) amending Council
Regulation (EEC) No 2913/92 establishing the Community Customs Code

(2000/C 248 E/01)

COM(1999) 236 final (cid:151) 98/0134(COD)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 2 June 1999)

INITIAL PROPOSAL

AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Unchanged

HAVE ADOPTED THIS REGULATION:

Article 1(4): Article 62(3)

Exceptions to the requirement established in paragraph 2
laid down in accordance with the
committee
in particular where the declaration is made elec-

(cid:145)3.
may be
procedure,
tronically.

Deleted

However, the right of access without prior warning of the
national authorities or, where appropriate, of Community auth-
orities, together with the obligation on the part of the operator
to keep the proof for a minimum period shall be guaranteed.
Implementing measures shall also be defined in accordance
with the committee procedure.(cid:146)

Article 1(4a)(new): Article 77(2)

4(a) In Article 77, the present text becomes paragraph 1 and

the following paragraph 2 is added:

the

customs declaration is made

elec-
(cid:145)2. Where
tronically, exceptions to the requirement
laid down in
Article 62(2) may be made in accordance with the
Committee procedure.

However, the right of access without prior warning of the
national authorities or, where appropriate, of Community
authorities, together with the obligation on the part of the
operator to keep the proof for a minimum period shall be
guaranteed. Implementing measures shall also be defined
in accordance with the Committee procedure.(cid:146)

Article 1(5): Article 115(4)

paragraph 1 may be adopted in accordance with the

(cid:145)4.
Committee procedure.(cid:146)

(cid:145)4. Measures aimed at prohibiting, imposing conditions for
or facilitating recourse to paragraph 1 may be adopted in
accordance with the Committee procedure.(cid:146)

C 248 E/2

EN

Official Journal of the European Communities

29.8.2000

INITIAL PROPOSAL

AMENDED PROPOSAL

Specific time limits may be laid down in accordance with

(cid:145)4.
the committee procedure.(cid:146)

Deleted

Article 1(7): Article 118(4)

Article 1(21a)(new: Article 220(2)(b)

The following is added to Article 220(2)(b):

in particular,

(cid:145)where the preferential status of the goods is established on
the basis of a system of administrative cooperation
involving the authorities of a third country, the issuance
of a certificate by those authorities, should it prove to be
incorrect, shall constitute an error within the meaning of
the previous paragraph which could not reasonably have
been detected, unless
the exporter gave an incorrect
account of the facts to the authorities in question; such
an error shall be established,
if the person
liable provides proof
the exporter gave a correct
account of the facts to the authorities issuing the certificate;
the person liable may not, however, plead good faith if the
Commission has published a notice in the Official Journal of
the European Communities stating that there are grounds for
doubt concerning the proper application of the preferential
arrangements by the beneficiary country, unless that person
has shown due care in obtaining other proof of the origin
of
for preferential
treatment; it falls to the Member States to take all appro-
priate steps to establish any liability on the part of the
person liable for duty;(cid:146)

the goods which gives grounds

that