Opinion of the Commission pursuant to Article 251(2) (c) of the EC Treaty, on the European Parliament´s amendments to the Council's common position regarding the proposal for a Decision of the European Parliament and of the Council amending the Decision of 19 December 1996 adopting an action programme for customs in the Community (Customs 2000), amending the proposal of the Commission pursuant to Article 250(2) of the EC Treaty
Date: 1999-12-15
Institutions: European Commission
Subjects: EU action, European cooperation, action programme, customs, customs profession

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.12.1999
COM(1999) 715 final

1998/0314 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251(2) (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THECOUNCIL

amending the Decision of 19 December 1996 adopting an action programme for customs
in the Community (Customs 2000)

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

OPINION OF THE COMMISSION

pursuant to Article 251(2) (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DECISION OF THE EUROPEAN PARLIAMENT AND OF THECOUNCIL

amending the Decision of 19 December 1996 adopting an action programme for customs
in the Community (Customs 2000)

1.

BACKGROUND

Date of
the proposal
to the European Parliament and Council1

transmission of

11 November 1998

Date of Economic and Social Committee
opinion

Date of European Parliament opinion
first reading

24 March 1999

15 April 1999

Date
of the amended proposal2

of

transmission

2 June 1999

Date of the common position

13 September 1999

Date of the Commission communication
to the European Parliament on the
common position3

9 September 1999

Date of the adoption of the opinion of the
European Parliament in second reading

2 December 1999

1 COM(1998)644 – 98/0314/COD
2 COM(1999)253 – 98/0314/COD
3 SEC(99)1376 – 98/0314/COD

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2.

PURPOSE OF THE COMMISSION'S PROPOSAL

The proposed decision would amend the Decision of 19 December 1996 adopting an action
programme for customs in the Community (Customs 2000) to extend the programme to
31 December 2002. It would also bring different activities such as computerisation, training
and technical assistance to certain third countries together in a single instrument under a
single budget heading.

3.

COMMENTS ON THE AMENDMENTS OF THE EUROPEAN PARLIAMENT IN SECOND
READING

3.1.

General

The Commission considers that the amendments made by the European Parliament to the
Council's common position correspond to the objectives of the proposal.

3.2.

Comments on the amendments

Amendment 1

Article 1(1)(b)

Council's common position

Amendment

Policy

Customs

of Heads

"2a.
The customs policy strategy shall
be drawn up in partnership between the
Commission and the Member States in
Committee,
the
of Customs
composed
Administrations from the Commission
and
their
representatives. The Commission shall
keep the Committee regularly informed
of
the
implementation of the programme".

the Member

measures

relating

States

or

to

"2a. A common approach regarding
the customs policy shall be drawn up in
partnership between the Commission and
the Member States in a Customs Policy
Group, composed of Heads of Customs
Administrations from the Commission
and
their
representatives. The Commission shall
keep the Customs Policy Group regularly
informed of measures relating to the
implementation of the programme".

the Member

States

or

The Commission, whose aim is to preserve the functions of the forum in question may accept
this amendment. The amendment of the introduction (“common approach”) aims at precising
the rôle of the Group, and may also be accepted by the Commission.

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Amendment 2

Article 14a(1), second subparagraph

Council's common position

Amendment

Member States shall take the measures
their officials
necessary to ensure that
participate effectively in the work of the
host authorities. To this end, they shall
authorise the officials taking part
in
the formalities
exchanges to carry out
relating to the acts assigned to them.
Where circumstances so require, and in
particular in order to take account of the
specific requirements of the legal system
of each Member State,
the competent
authorities of the Member States may
said
the
restrict
authorisation.

scope

the

of

officials

Member States shall take the necessary
steps to enable exchange officials to be
operational in the host service. To this
shall
end,
be
exchange
authorised to carry out
the formalities
relating to the duties entrusted to them. If
circumstances
in
particular, in order to take account of the
specific requirements of the legal system
the competent
of each Member State,
authorities in the Member States may
limit the said authorisation.

require,

and,

so

The Commission accepts this new wording, which appears already in Council Decision
91/341/EEC of 20 June 1991 on the adoption of a programme of Community action on the
subject of the vocational training of customs officials (Matthaeus programme – OJ No L 187
of 13.7.1991, p. 41).

4.

GENERAL CONCLUSIONS

The Commission considers that the Council's common position, as amended by the European
Parliament in second reading, is a balanced compromise and respects the objectives of the
Commission.

Accordingly, the Commission accepts the amendments presented by the European Parliament
which complement the Council’s common position.

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