CELEX: 31996D0112(01)
Language: en
Date: 1996-01-12 00:00:00
Title: Decision setting up a temporary committee of inquiry

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31996D0112(01)

Decision setting up a temporary committee of inquiry  

Official Journal C 007 , 12/01/1996 P. 0001 - 0003

Decision  setting up a temporary committee of inquiry(96/C  7/01)The European Parliament, - having regard to the Treaty establishing the European Community, and in particular Article 138c  thereof, - having regard to the Treaty establishing the European Coal and Steel Community, and in particular  Article 20b thereof, - having regard to the Treaty establishing the European Atomic Energy Community, and in particular  Article 107b thereof, - having regard to the Decision of the European Parliament, the Council and the Commission of 19  April 1995 on the detailed provisions governing the exercise of the European Parliament's right of  inquiry  (1), - having regard to Rule 136 of its Rules of Procedure, - having regard to the request, attached to this decision, by more than one quarter of its Members  for a temporary committee of inquiry to be set up to consider allegations of offences committed or  of maladministration under the Community transit system, - having regard to the proposal of the Conference of Presidents of 7 December 1995 concerning this  request, 1.  decides to set up a temporary committee of inquiry to consider allegations of  offences committed or of maladministration in the Community transit system; 2.  decides that the temporary committee of inquiry will submit a report to Parliament within 12  months of the publication of this Decision in the Official Journal of the European Communities; 3.  decides that the temporary committee of inquiry will consist of 17 members. (1) OJ No L 113, 19. 5. 1995, p. 2.   ANNEXREQUEST FOR THE SETTING UP OF A TEMPORARY COMMITTEE OF  INQUIRY TO INVESTIGATE ALLEGED CONTRAVENTIONS OR MALADMINISTRATION UNDER THE COMMUNITY TRANSIT  SYSTEM (drafted pursuant to the decision of the Conference of Presidents of 7 December 1995)  Pursuant to Article 138c of the EC Treaty, the undersigned Members request the setting up of a  committee of inquiry with a view to investigating alleged contraventions or maladministration in  the application of Community law relating to the current Community transit system. 1.  SUBJECT OF THE INQUIRY1.1. The Community transit systemAs set out in Chapter 1,  Section 5, of the Commission's annual report for 1994 'Protecting the Community's financial  interests - the fight against fraud`  (1), the Community transit procedure allows goods to be moved  under customs supervision between two points in the Community territory, while remaining exempt  from taxes and duties and ineligible for any other measures resulting from Community policies. The cornerstone of the procedure is the designation of a natural or legal person as principal whose  main responsibilities are to lodge a guarantee to cover the collection of duties due in the event  of irregularities and to present the goods in good condition at the customs office of destination  within the time limit laid down. If the transit operation is considered to have been properly  discharged, the principal is released from his obligations. However in the event of irregularities, the perpetrator of the infringement, if he or she can be  identified, is held liable for any duties and taxes which are payable. Failing this, payment is  demanded from the principal; finally, if the latter is unable to fulfil this obligation, the  guarantee covering the transit operation will be seized. 1.2. Current problemsIn this document the Commission takes the view that the transit scheme has  become a prime target for organized criminal networks seeking to develop fraudulent transactions.  In this connection, the movement of highly-taxed goods such as cigarettes or other products covered  by the common agricultural policy undoubtedly presents a high risk. The Council came to the same  conclusion in its resolution of 23  November 1995 on the computerization of customs transit systems   (2). According to the Commission the most common types of fraud are: - failure to present goods at the customs office of destination and releasing them onto the  Community market without payment of the duties and taxes which are due; - falsification of customs documents certifying the presentation of goods at the office of  destination by using stolen or counterfeit stamps. In these cases, the goods are illegally introduced and released onto the Community market without  having been subject to the payment of the duties and taxes which are due. 1.3. Purpose of the temporary committee of inquiryDeeply concerned by this phenomenon, on 29 March  1995 the Commission issued a communication 'Fraud in the transit procedure - solutions foreseen and  perspectives for the future`  (3). The Court of Auditors, too, also considered this problem and set  out its analysis of the situation and its findings in its annual report concerning the financial  year 1994. Unfortunately, these two documents generate more questions than they answer, with  particular regard to the nature and scope in this area of maladministration in the application of  Community law. The purpose of this temporary committee of inquiry, therefore, is to establish the truth of these  allegations and the implications for the administrations concerned so as to be able to draw up,  where appropriate, the recommendations provided for in Article 4 (3) of the Decision of the  European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions  governing the exercise of the European Parliament's right of inquiry  (4) and Rule 136 (10) of  Parliament's Rules of Procedure  (5). 2.  DETAILED EXPLANATORY STATEMENTIn the documents referred to above, having  noted that national administrations are responsible for the quality of administrative controls and  management of the system, the Commission (point 4.2) and the Court of Auditors (point 1.48) also  note that the quality of these controls has fallen progressively over the last few years. Basically, the shortcomings in administrative control are apparently the cause of the serious and  increasing phenomenon of fraud against the Community. The causes of the very significant reduction in the quality of the administrative control in  question may be set out in the following three categories of allegations: 2.1. Delays/tolerance of failure to respect time limits- economic operators must present goods and  documents to the customs office of destination within the time limits laid down (e.g. 20 days in  the case of air transport and 45 days in the case of sea transport). However, in practice, these  time limits do not appear to be respected, nor do penalties appear to be imposed where the time  limits are not respected, - investigations into outstanding operations are not initiated at an early enough stage, with the  result that fraud is frequently established only at a very late stage, - the late presentation to the customs office of departure of the copy to be returned results in an  accumulation of uncleared documents. In some cases delays in transferring documentation between  customs offices seem so great that it would be impossible to respect the time limits laid down by  Community rules without a major effort to clear the backlog, bearing in mind the accumulated  delays. 2.2. Poor administration of the system- investigations are not carried out with the urgency and  strictness required because the Member State administrations do not appear to give sufficient  priority to transit controls, - the existing rules and administrative provisions are not always applied by the Member States in a  way which would guarantee sound management, - monitoring of deliveries to and withdrawals from warehouses occasionally seems totally  inadequate. 2.3. Notification of and procedures for recovery of the sums due- as regards own resources, the  amounts notified by the Member States on the basis of Council Regulation (EEC/Euratom) No 1552/89  of 29 May 1989 implementing the system of the Communities' own resources  (1) and corresponding to  the cases of fraud or irregularities are apparently very inadequate, approximately one third of the  established amounts of fraud, - the amounts recovered are apparently very small, - penalties are laid down in current Community rules (the definition and implementation of which  are governed by the national legislation of the Member States) but apparently they are virtually  never applied, - furthermore, only a small percentage of the cases notified on the basis of the abovementioned  Regulation are apparently subject to legal proceedings. By comparison with these three sets of allegations, already very specific and significant, the  above reports of the Court of Auditors and of the Commission do not seem to specify why these  shortcomings and cases of maladministration, or even breaches of the relevant provisions of  Community law, occur and increase over the years. 3.  TERMS OF REFERENCE OF THE TEMPORARY COMMITTEE OF INQUIRYThis temporary  committee of inquiry will therefore be set up with a view to clarifying the nature and causes of  these cases of maladministration on the part of the competent national authorities and the fraud in  the transit procedure and breaches of Community law which arise therefrom. It will also recommend improvements with regard to the detection and prevention of fraud, the  safeguarding of the Community's economic and financial interests and the recovery of sums due. The committee will in particular investigate: - the reasons for the crisis in the transit system, - the shortcomings and loopholes in the procedures, - the measures taken to improve the procedures, - the additional measures to be taken forthwith, - the measures taken or to be taken to recover the sums lost and to penalize those responsible. 4.  DURATION OF THE TEMPORARY COMMITTEE OF INQUIRYThe temporary committee of  inquiry will submit a report within 12 months of the date of publication of the decision of the  European Parliament setting it up. (1) COM(95) 0098.  (2) OJ No C 327, 7. 12. 1995, p. 2.  (3) COM(95) 0108.  (4) OJ No C 113, 19. 5. 1995, p. 2.  (5) OJ No L 293, 7. 12. 1995, p. 1.  (1) OJ No L 155, 7. 6. 1989, p. 1.