Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (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 on computerising the movement and surveillance of excisable products amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2003-05-07
Institutions: European Commission
Subjects: drafting of EU law, excise duty, free movement of goods, information technology applications

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 7.5.2003
COM(2003) 236 final

2001/0185 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (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

on computerising the movement and surveillance of excisable products

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

OPINION OF THE COMMISSION

pursuant to Article 251 (2), third subparagraph, point (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

on computerising the movement and surveillance of excisable products

1. 

BACKGROUND

The Commission presented the proposal for a decision, based on Article 95 of the EC
Treaty, to Parliament and the Council on 19 November 2001.

The  European  Economic  and  Social  Committee  delivered  its  opinion  on  29  May
2002.

The European Parliament gave its opinion on first reading on 24 September 2002.

The  Commission  accepted  the  majority  of  the  amendments  proposed  by  the
European  Parliament  and  presented  an  amended  proposal  to  the  Council  on  20
December 2002.

The Council adopted its common position unanimously on 21 January 2003.

On  8  April  2003  Parliament  adopted,  on  second  reading,  six  amendments  to  the
Council's common position.

This  opinion  sets  out  the  Commission's  position  on  Parliament's  amendments
pursuant to Article 251(2)(c) of the EC Treaty.

2. 

OBJECTIVES OF THE COMMISSION'S PROPOSAL

The  aim  of  the  Commission's  proposal  is  to  introduce  an  integrated  computerised
system  for  the  surveillance  and  monitoring  of  intra-Community  movements  of
excisable  products  (alcohol,  tobacco  and  mineral  oils).  This  integrated  system  will
enable  the  accompanying  administrative  paper  document  which  has  to  accompany
excisable  products  moving  between  Member  States  under 
the  suspension
arrangements to be replaced by computerised messages between economic operators
routed through the national administrations concerned.

The  Commission's  proposal  sets  out  the  Member  States'  and  Commission's
obligations  in  implementing  this  system  and  includes  a  specific  budget  for  the
development of the Community components of the system.

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3. 

COMMISSION OPINION ON PARLIAMENT'S AMENDMENTS.

3.1. 

Summary of the Commission's position.

The Commission is able to accept all six amendments proposed by Parliament as it
considers they will expand and improve the wording of the common position.

3.2. 

Amendments proposed by Parliament on second reading.

3.2.1.  Amendments accepted.

3.2.1.1.  Amendment  1  (new  recital  4a  and  amendment  4  (Article  3,  paragraph  1(a)  new))
(merger  of  the  computerised  system  for  the  intra-Community  movement  and
monitoring of excisable goods with the transit system).

These  two  amendments  are  intended  to  introduce  a  new  recital  4a  and  a  new
paragraph  1(a)  to  Article  3  to  ensure  compatibility  between,  and  even  the  merger,
where  technically  feasible,  of  the  system  forming  the  subject  of  the  decision  of
Parliament and Council (EMCS) and the computerised transit system (NCTS).

The Commission accepts these two amendments as they will clarify the wording and
will  incorporate a  statement which the Council decided to attach  to  the  minutes  on
first reading.

3.2.1.2.  Amendment 2 (new recital 6a (treatment of economic operators by Member States)).

This  amendment  introduces  a  new  recital  6a  to  ensure  that  when  the  national
components of the system are developed Member States treat economic operators in
the same way as they would under their national computerised systems. They will be
required to enable traders, and  in particular  small and  medium-sized  enterprises,  to
use  national  components  at  the  lowest  possible  cost  and  they  should  promote  all
measures aimed at preserving their competitiveness.

The Commission accepts this amendment as it is intended to ensure that traders, and
in particular small and medium-sized enterprises, can use national components at the
lowest possible cost.

3.2.1.3.  Amendment  3  (new  recital  10a)  (development  of  interim  applications  with  the

Member States taking account of the views of the economic sectors concerned).

This  amendment  is  intended  to  introduce  a  new  recital  10a  so  that,  pending  the
complete development of the system, interim solutions can be identified to improve
the current system with Member States and in conjunction with the economic sectors
concerned.

The  Commission  accepts  this  amendment  as  it  has  already  initiated  a  number  of
similar measures.

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3.2.1.4.  Amendment 5 (Article 4, paragraph 1,subparagraph (aa) (development of a security

policy of the highest standard possible).

The  purpose  of  this  amendment  is  to  add  a  new  subparagraph  (aa)  to  Article 4(1)
expressly  stating  that  there  is  a  need  for  a  security  policy  of  the  highest  possible
standard.

This concern is shared by the Commission and it therefore accepts this amendment.

3.2.1.5.  Amendment 6 (addition to Article 9) (participation by the candidate countries in tests

if they wish)).

This amendment specifies in Article 9 that candidate countries can participate in the
tests to be carried out if they wish.

The  Commission  accepts  this  amendment  as  it  leaves  candidate  countries  free  to
decide whether they wish to participate in the tests without requiring them to do so.

4. 

CONCLUSION.

The  Commission  makes  the  above  amendments  to  its  proposals  pursuant  to
Article 250(2) of the EC Treaty.

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