CELEX: 51998PC0428
Language: en
Date: 1998-07-03
Title: Amended proposal for a European Parliament and Council Regulation (EC) amending Regulation (EEC) No 2913/92 establishing the Community customs code (transit)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 Brussels, 03.07.1998
                                               COM(1998) 428 final
                                               97/0242 (COD)
                             Amended proposal for a
       EUROPEAN PARLIAMENT AND COUNCIL REGULATION (EC)
amending Regulation (EEC) N° 2913/92 establishing the Community customs code
                                    (transit)1
           (presented by the Commission pursuant to Article 189 a (2)
                               of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                               EXPLANATORY MEMORANDUM
Having adopted the Action Plan for transit in Europe - a new customs policy on 30 April
1997,1 the Commission on 28 September of that year presented a proposal for a
Regulation (EC) of the European Parliament and of the Council amending Regulation
(EEC) No 2913/92 establishing the Community Customs Code, with regard to transit.2
Parliament adopted its first-reading opinion on the proposal on 13 May this year.
The Commission accepted five of the seven amendments tabled by Parliament, which are
consistent with the objectives it formulated in the Action Plan.
It rejected the other two amendments, however, for the following reasons.
Amendment 3 (Article 92 of the Code) deals with the definition of discharge. The
Commission does not consider it sufficiently precise, the aim being to set clearer limits to
the external transit user's liability regarding presentation of the consignment at its
destination.
Amendment 7 relates to Article 97(2) of the Code, which gives Member States the option
of allowing the use of simplified procedures for transit operations carried out within a
single Member State or under bilateral or multilateral arrangements. The amendment
would indirectly enable Member States to waive the basic guarantee rules for "single-
country" transit operations, and this could result in inadequate cover for financial risks,
including those in respect of Community own resources. The provision could also result
in competition-distorting differences between Member States in the treatment of
 operators.
 The Commission is accordingly amending its initial proposal in accordance with Article
 189A(2) of the Treaty.
  1
    COM(97) 188 final, OJ C 176, 10 June 1997, p. 3.
 2
    COM(97) 472 final, OJ C 337, 7 November 1997, p. 52.
                                                     2
 ---pagebreak---     Amended proposal for a European Parliament and Council Regulation (EC)
 amending Regulation (EEC) N° 2913/92 establishing the Community customs code
                                     (transit)1
                                      (98/    )
                            (Text with EEA relevance)
                                   COM (98)...)
 (submitted by the Commission on     1998 in accordance with Article 189 A (2) of the
                                       Treaty)
           INITIAL PROPOSAL                           AMENDED PROPOSAL
                                   New recital 1 a
                                                         (Amendment 1)
                                            (la) Whereas all decisions taken in the
                                            Committee procedure must be transparent
                                            for both customs administrations and
                                            industry;
                                    Article 1 (1)
                                                         (Amendment 2)
1) Article 91(l)(b) is replaced by the 1) Article 91(l)(b) is replaced by the
following:                                  following:
 "(b) Community goods, in cases and upon "(b) Community goods, in cases and upon
conditions determined in accordance with conditions determined in accordance with
the committee procedure".                   the committee procedure, in order to
                                            prevent products covered by or benefiting
                                            from export measures from either evading
                                            or benefiting unjustifiably from such
                                            measures ".
  OJC337, 7.11.1997, p. 52
                                           1
 ---pagebreak---                                    Article 1 (3)
                                                          (Amendment 4)
3) Article 94 (2)(a) is replaced by the 3) Article 94 is replaced by the following:
following:
                                           "Article 94
 "(a) journeys by air;"
                                           1. The principal shall provide a guarantee
                                           in order to ensure payment of any customs
                                          debt or other charges which may be
                                           incurred in respect of the goods.
                                          2. The guarantee shall be an individual
                                          guarantee covering a single transit
                                          operation unless the principal is authorised
                                          by the customs authorities of the member
                                          state where he is established to use a
                                          comprehensive guarantee covering a
                                           number of transit operations.
                                           3. Authorisation shall only be granted to
                                           persons who:
                                           (a) are established      in   the European
                                           Community;
                                           (b) have not committed serious or repeated
                                           offences against customs or tax legislation;
                                           and
                                           c) have experience of Community transit
                                           procedures.
                                           4. Persons who satisfy the customs
                                           authorities that they meet higher standards
                                           of reliability may be additionally
                                           authorised to use a comprehensive
                                           guarantee for a reduced amount or to have
                                           a guarantee waiver.
                                            5. This authorisation may provide for
                                            restrictions   on the       use of the
                                            comprehensive guarantee or guarantee
                                            waiver with regard to goods which are
                                            considered to present an increased risk of
                                            fraud.
 ---pagebreak---                                                6. The detailed rules of authorisation shall
                                               be determined in accordance with the
                                               Committee procedure. They shall include
                                               transparent and harmonised measures
                                               concerning:
                                               - the criteria to be met by persons to whom
                                               authorisation is to be granted;
                                               - the restrictions on goods to which the
                                               comprehensive guarantee or the guarantee
                                               waiver shall apply;
                                               and
                                                - the conditions with which an authorised
                                                person shall comply."
                                        Article 1 (4)
                                                                (Amendment 5)
4) Article 95 is replaced by the following:     4) Article 95 Is replaced by the following:
"Article 95                                     "Article 95
The cases in which and the conditions upon      1. Except in cases to be determined where
which a person may obtain from the              necessary in accordance with the
customs authorities a guarantee waiver for      Committee procedure, no guarantee need
external Community transit operations           be furnished for:
carried out by him shall be determined in
accordance with the committee procedure."       (a) journeys by air;
                                                (b) the carriage of goods on the Rhine and
                                                the Rhine waterways;
                                                (c) carriage by pipeline;
                                                (d) operations carried out by the railway
                                                companies of the Member States.
                                                2. The cases in which the furnishing of
                                                guarantee in respect of the carriage of
                                                goods on waterways other than those
                                                referred to in paragraph 1(b) may be
                                                waived shall be determined in accordance
                                                with the Committee procedure."
                                             S
 ---pagebreak---                                      Article 1 (5)
                                                          (Amendment 6)
5) Article 96(2) is deleted; Article 96(1) 5) Article 96 remains unchanged,
stands alone.
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(98) 428 final
                                             DOCUMENTS
EN                                                            02 06   01 07
                                    Catalogue number : CB-CO-98-438-EN-C
                                                             ISBN 92-78-37954-9
Office for Official Publications of the European Communities
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