natgillin/translations-raw huggingface dataset:
"(2) Когато се прави позоваване на настоящия параграф, се прилагат член 5а, параграфи 1-4 и член 7 от Решение 1999/468/ЕО, като се вземат предвид разпоредбите на член 8 от него."
"(2) Where reference is made to this paragraph, Article 5a (1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof."
Comitology amendment needed to introduce the new regulatory procedure with scrutiny, in line with the provisions of Council Decision 2006/512/EC
Comitology amendment needed to introduce the new regulatory procedure with scrutiny, in line with the provisions of Council Decision 2006/512/EC
ЧЛЕН 1, ТОЧКА 20, БУКВА -АА) (нова)
ARTICLE 1, POINT 20, POINT (-AA) (new)
Член 43, параграф 3 (Регламент (EО) № 515/97)
Article 43, paragraph 3 (Regulation (EC) No 515/97)
-аа) Параграф 3 се заличава.
(-aa) paragraph 3 shall be deleted.
Legal clarity: deletion of a circular reference (Articles 23(4) and 25 already refer to Article 43 as to the comitology procedure to be followed, therefore there is no need for Article 43 to refer back to those Articles).
Legal clarity: deletion of a circular reference (Articles 23(4) and 25 already refer to Article 43 as to the comitology procedure to be followed, therefore there is no need for Article 43 to refer back to those Articles).
ЧЛЕН 1, ТОЧКА 20, БУКВА Б) Член 43, параграф 5 (Регламент (EО) № 515/97)
ARTICLE 1, POINT 20, POINT (B) Article 43, paragraph 5 (Regulation (EC) No 515/97)
б) В третото изречение на параграф 5 , "Омбудсман" се заменя с "Европейския надзорен орган за защита на личните данни, предвиден в член 41, параграф 2 от Регламент (ЕО) № 45/2001".
(b) In the third sentence of paragraph 5 , "the Ombudsman" is replaced by "the European Data Protection Supervisor provided for by Article 41(2) of Regulation (EC) No 45/2001".
б) параграф 5 се заменя със следния текст:
(b) paragraph 5 shall be replaced by the following:
"Комисията, заедно с надзорната група, посочена в член ..., проучват всички проблеми с функционирането на МИС, които са срещали националните надзорни органи, посочени в член 37.
"The committee, together with the supervisory group referred to in Article ..., shall examine all problems with the operation of the CIS which are encountered by the national supervisory authorities referred to in Article 37.
Комисията ще заседава в ad hoc състав най-малко веднъж годишно."
The committee shall meet in its ad hoc formation at least once a year."
Follows the model adopted for the second generation Schengen Information System (SIS II)
Follows the model adopted for the second generation Schengen Information System (SIS II)
ЧЛЕН 1, ТОЧКА 21 А (нова) Член 51 а (нов) (Регламент (ЕО) № 515/97 на Съвета)
ARTICLE 1, POINT 21 A (new) Article 51 a (new) (Regulation (EC) No 515/97)
21 а) Добавя се следният член:
(21a) The following article shall be inserted:
"Член 51 а
"Article 51a
Комисията, в сътрудничество с държавите-членки, всяка година представя пред Европейския парламент и пред Съвета доклад за мерките, предприети за прилагането на настоящия регламент."
The Commission, in cooperation with the Member States, shall each year submit to the European Parliament and to the Council a report on the measures taken in implementation of this Regulation."
This amendment seeks to clarify that, in accordance with Article 280 of the Treaty establishing the European Community, the Commission reports annually to Parliament and the Council on the measures taken to protect the Community’s financial interests, including the implementation of this Regulation.
This amendment seeks to clarify that, in accordance with Article 280 of the Treaty establishing the European Community, the Commission reports annually to Parliament and the Council on the measures taken to protect the Community’s financial interests, including the implementation of this Regulation.
The goal of this regulation proposal is to bring the existing Council Regulation (EC) 515/97 of 13 March 1997 in line with the new Community powers in the area of customs cooperation, while at the same time strengthening the cooperation and data exchanges between Member States and between them and the Commission.
The goal of this regulation proposal is to bring the existing Council Regulation (EC) 515/97 of 13 March 1997 in line with the new Community powers in the area of customs cooperation, while at the same time strengthening the cooperation and data exchanges between Member States and between them and the Commission.
Although the prevention of fraud against Community customs and agricultural legislation has achieved good results following the introduction of Regulation 515/97, a number of reasons call for an amendment to that Regulation, not least due to the two latest rounds of EU enlargement, which have considerably shifted and extended the European Union’s land and sea borders.
Although the prevention of fraud against Community customs and agricultural legislation has achieved good results following the introduction of Regulation 515/97, a number of reasons call for an amendment to that Regulation, not least due to the two latest rounds of EU enlargement, which have considerably shifted and extended the European Union’s land and sea borders.
A number of data protection issues, in particular provisions on the control of personal data processed under CIS, have equally been addressed and dealt with in detail by the European Data Protection Supervisor (EDPS)
A number of data protection issues, in particular provisions on the control of personal data processed under CIS, have equally been addressed and dealt with in detail by the European Data Protection Supervisor (EDPS)
In accordance with Reg.
In accordance with Reg.
45/2001 the EDPS replaced the European Ombudsman for issues of data protection. in its opinion of 22 February 2007.
45/2001 the EDPS replaced the European Ombudsman for issues of data protection. in its opinion of 22 February 2007.
Equally, the European Court of Auditors has issued an opinion on 21 March 2007
Equally, the European Court of Auditors has issued an opinion on 21 March 2007
OJ C101 of 4.5.2007, page 4 .
OJ C101 of 4.5.2007, page 4 .
Council Regulation (EC) No 515/97 had provided a legal basis for requests for assistance between Member States Customs authorities to combat irregularities and fraud, leading to the creation of a specific database – the Customs Information System (CIS) - which today connects 1500 terminals with 3000 accredited users in all 27 Member States, enabling the relevant administrative authorities to alert their European partners to any risk or suspicion of irregular operations.
Council Regulation (EC) No 515/97 had provided a legal basis for requests for assistance between Member States Customs authorities to combat irregularities and fraud, leading to the creation of a specific database – the Customs Information System (CIS) - which today connects 1500 terminals with 3000 accredited users in all 27 Member States, enabling the relevant administrative authorities to alert their European partners to any risk or suspicion of irregular operations.
This Regulation proposal aims at increasing the functionality of CIS, by setting up an additional European Data Directory (EDD) reflecting the movements of containers and means of transport, as well as goods and persons concerned.
This Regulation proposal aims at increasing the functionality of CIS, by setting up an additional European Data Directory (EDD) reflecting the movements of containers and means of transport, as well as goods and persons concerned.
Furthermore, the Customs File Identification Database (FIDE), originally created by Member States for third pillar information exchange, is brought into Community law, thus serving both the monitoring of Community actions as well as third pillar enquiries.
Furthermore, the Customs File Identification Database (FIDE), originally created by Member States for third pillar information exchange, is brought into Community law, thus serving both the monitoring of Community actions as well as third pillar enquiries.
While trade facilitations are an essential element of EU commercial policy, they are always in danger of being exploited by international economic and financial crime: fraud organisations evade controls or the payment of duties, benefit from reductions or suspensions of duties without being entitled to, and - on the expenditure side - they appear to focus on payments of export refunds on agricultural products and processed products leaving the Community customs territory.
While trade facilitations are an essential element of EU commercial policy, they are always in danger of being exploited by international economic and financial crime: fraud organisations evade controls or the payment of duties, benefit from reductions or suspensions of duties without being entitled to, and - on the expenditure side - they appear to focus on payments of export refunds on agricultural products and processed products leaving the Community customs territory.
These actions may result in substantial financial losses for the European Communities, as customs duties on imports, agricultural levies and VAT on imports, charged by Member States when customs formalities are completed, generate a substantial part of the revenue in the Community budget.
These actions may result in substantial financial losses for the European Communities, as customs duties on imports, agricultural levies and VAT on imports, charged by Member States when customs formalities are completed, generate a substantial part of the revenue in the Community budget.
This Regulation proposal further provides legal and technical updates in a number of areas, in particular:
This Regulation proposal further provides legal and technical updates in a number of areas, in particular:
- Adaptation of customs legislation definition to the Naples II convention
- Adaptation of customs legislation definition to the Naples II convention
Council Act 98/C 24/01 of 18 December 1997 drawing up, on the basis of Article K3 of the Treaty on European Union, the Convention on mutual assistance and cooperation between customs administrations [Official Journal C 24 of 23.01.1998].
Council Act 98/C 24/01 of 18 December 1997 drawing up, on the basis of Article K3 of the Treaty on European Union, the Convention on mutual assistance and cooperation between customs administrations [Official Journal C 24 of 23.01.1998].
- Installing an automatic exchange of data without the need of a prior request from the Member State receiving the data
- Installing an automatic exchange of data without the need of a prior request from the Member State receiving the data
- Streamlining the procedure to communicate to a third country data received from another Member State, subject to its consent
- Streamlining the procedure to communicate to a third country data received from another Member State, subject to its consent
- Allowing the use of CIS for strategic and operational analysis purposes
- Allowing the use of CIS for strategic and operational analysis purposes
Regarding comitology procedures: the original Council Regulation (EC) 515/97 was based on Art.43 and 235 of the Treaty and adopted under the consultation procedure, while the amending act (based on Art.135 and 280 of the Treaty) follows the co-decision procedure.
Regarding comitology procedures: the original Council Regulation (EC) 515/97 was based on Art.43 and 235 of the Treaty and adopted under the consultation procedure, while the amending act (based on Art.135 and 280 of the Treaty) follows the co-decision procedure.
As the latter seeks to amend inter alia Article 43 of the Regulation, which established a comitology committee, an adaptation of Articles 23, 25 and 43 in line with the new comitology framework appears necessary.
As the latter seeks to amend inter alia Article 43 of the Regulation, which established a comitology committee, an adaptation of Articles 23, 25 and 43 in line with the new comitology framework appears necessary.
СТАНОВИЩЕ на комисията по бюджетен контрол
OPINION of the Committee on Budgetary Control (*)
до комисията по вътрешния пазар и защита на потребителите
for the Committee on the Internal Market and Consumer Protection
относно предложението за регламент на Европейския парламент и на Съвета за изменение на Регламент (ЕО) № 515/97 на Съвета относно взаимната помощ между административните власти на държавите-членки и сътрудничеството между тях и Комисията с оглед осигуряването на правилното прилагане на нормативната уредба в областта на митниците и земеделието
on the proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters
(*) Засилено сътрудничество между комисии - член 47 от правилника
(*) Procedure with associated committees – Rule 47 of the Rules of Procedure
This Commission proposal seeks to adapt Council Regulation No 515/97 of 13 March 1997 to the new customs cooperation powers laid down in Article 135 of the Treaty establishing the European Community and in Article 280 of that Treaty on protection of the Community’s financial interests.
This Commission proposal seeks to adapt Council Regulation No 515/97 of 13 March 1997 to the new customs cooperation powers laid down in Article 135 of the Treaty establishing the European Community and in Article 280 of that Treaty on protection of the Community’s financial interests.
The Court of Auditors
The Court of Auditors
Opinion No 3/2007, OJ XXX. and the European Data Protection Supervisor
Opinion No 3/2007, OJ XXX. and the European Data Protection Supervisor
Opinion of 22 February 2007. have delivered opinions on the draft.
Opinion of 22 February 2007. have delivered opinions on the draft.
This opinion of the Committee on Budgetary Control is presented under an enhanced cooperation procedure with the Committee on the Internal Market and Consumer Protection in accordance with Rule 47 of the Rules of Procedure.
This opinion of the Committee on Budgetary Control is presented under an enhanced cooperation procedure with the Committee on the Internal Market and Consumer Protection in accordance with Rule 47 of the Rules of Procedure.
The proposal’s principal objective is to enhance cooperation between Member States and between the latter and the Commission with a view to continuously stepping up the fight against fraud in the context of the customs union and the common agricultural policy.
The proposal’s principal objective is to enhance cooperation between Member States and between the latter and the Commission with a view to continuously stepping up the fight against fraud in the context of the customs union and the common agricultural policy.
The correct application of the law on customs and agricultural matters plays a decisive role in ensuring that the internal market functions properly.
The correct application of the law on customs and agricultural matters plays a decisive role in ensuring that the internal market functions properly.
It also forms a substantial part of an effective international trade strategy, particularly with regard to correct application of trade defence instruments.
It also forms a substantial part of an effective international trade strategy, particularly with regard to correct application of trade defence instruments.
Furthermore, it is essential to protecting the financial interests not only, clearly, of the Community but also, more generally, of European economic operators and citizens.
Furthermore, it is essential to protecting the financial interests not only, clearly, of the Community but also, more generally, of European economic operators and citizens.
The extension of the Community’s land and maritime borders following enlargements associated with the reunification of the European continent and the fact that, with the exception of Croatia, the borders will probably not change significantly in the coming years mean that there is an opportunity to use this period to strengthen European customs arrangements.
The extension of the Community’s land and maritime borders following enlargements associated with the reunification of the European continent and the fact that, with the exception of Croatia, the borders will probably not change significantly in the coming years mean that there is an opportunity to use this period to strengthen European customs arrangements.
However, the legal instruments for this cooperation are particularly complex because the legal bases are divided between the first and third pillars.
However, the legal instruments for this cooperation are particularly complex because the legal bases are divided between the first and third pillars.
The draftsman welcomes the Commission’s attempts to facilitate practical cooperation between the various actors.
The draftsman welcomes the Commission’s attempts to facilitate practical cooperation between the various actors.
The draftsman also welcomes the fact that protection of natural persons has been taken into account with regard to the processing of personal data and protection of privacy.
The draftsman also welcomes the fact that protection of natural persons has been taken into account with regard to the processing of personal data and protection of privacy.
The customs files identification database (FIDE) allows the Member States’ relevant authorities and the Commission to identify persons or companies that are subject to investigation or to an administrative or judicial penalty for an operation in breach, or potentially in breach, of customs or agricultural legislation.
The customs files identification database (FIDE) allows the Member States’ relevant authorities and the Commission to identify persons or companies that are subject to investigation or to an administrative or judicial penalty for an operation in breach, or potentially in breach, of customs or agricultural legislation.
The FIDE therefore makes it possible for the various services to cooperate more effectively.
The FIDE therefore makes it possible for the various services to cooperate more effectively.
In 2002 Parliament welcomed what was then an innovative plan to create such a database within the third pillar
In 2002 Parliament welcomed what was then an innovative plan to create such a database within the third pillar
Legislative resolution of 18 December 2002, OJ C31 E, 5.2.2004, p.
Legislative resolution of 18 December 2002, OJ C31 E, 5.2.2004, p.
The draftsman is therefore pleased with the Commission’s proposal to locate the FIDE within the first pillar.
The draftsman is therefore pleased with the Commission’s proposal to locate the FIDE within the first pillar.
Some of the amendments are aimed at implementing the Court of Auditors’ proposals with a view to making the FIDE more useful to the services concerned.
Some of the amendments are aimed at implementing the Court of Auditors’ proposals with a view to making the FIDE more useful to the services concerned.
The draftsman shares the Court’s concerns about the integrated approach to managing the various databases relating to the fight against fraud, but considers this to be a discussion going beyond the bounds of this Regulation and therefore one which should be conducted in a different context.
The draftsman shares the Court’s concerns about the integrated approach to managing the various databases relating to the fight against fraud, but considers this to be a discussion going beyond the bounds of this Regulation and therefore one which should be conducted in a different context.
Coherent cooperation at European level
Coherent cooperation at European level
The draftsman supports the Commission’s proposals aiming to promote the added value of cooperation at European level, in particular the European data directory and the platform of services.
The draftsman supports the Commission’s proposals aiming to promote the added value of cooperation at European level, in particular the European data directory and the platform of services.
However, in the interests of improving the effectiveness of OLAF and its cooperation with the other actors responsible for combating fraud, he believes that the legislator should take note of recent institutional developments at European level.
However, in the interests of improving the effectiveness of OLAF and its cooperation with the other actors responsible for combating fraud, he believes that the legislator should take note of recent institutional developments at European level.
Without wishing to claim new powers for the Community in this field, he suggests that the legislator should express clearly its support for the exchange of best practice between OLAF and the other European and international bodies responsible for combating fraud.
Without wishing to claim new powers for the Community in this field, he suggests that the legislator should express clearly its support for the exchange of best practice between OLAF and the other European and international bodies responsible for combating fraud.
In the absence of a more uniform legal framework, the exchange of best practice is necessary to ensure that the various bodies adopt an increasingly coherent approach in the medium term.
In the absence of a more uniform legal framework, the exchange of best practice is necessary to ensure that the various bodies adopt an increasingly coherent approach in the medium term.
On the question of financing, the draftsman emphasises that expenditure must be directly related to the tasks given to the Commission and to the national authorities referred to in this Regulation so as to avoid an overlap between this proposal and other instruments, such as the Hercule II programme.
On the question of financing, the draftsman emphasises that expenditure must be directly related to the tasks given to the Commission and to the national authorities referred to in this Regulation so as to avoid an overlap between this proposal and other instruments, such as the Hercule II programme.
Finally, the draftsman would like to keep the legislative procedure – including the mandatory opinion of the Court of Auditors – for the decision on other communication and information exchange systems rather than apply the ‘comitology’ procedure.
Finally, the draftsman would like to keep the legislative procedure – including the mandatory opinion of the Court of Auditors – for the decision on other communication and information exchange systems rather than apply the ‘comitology’ procedure.
The draftsman would like to emphasise the need for the Commission to consolidate this Regulation with the one it modifies by adapting the recitals.
The draftsman would like to emphasise the need for the Commission to consolidate this Regulation with the one it modifies by adapting the recitals.
The draftsman has not drafted such an amendment because that is not within the remit of the European Parliament’s Committee on Budgetary Control.
The draftsman has not drafted such an amendment because that is not within the remit of the European Parliament’s Committee on Budgetary Control.
However, he considers that the Commission should be asked to consolidate amended Community texts systematically to make it easier for users to understand and apply Community law.
However, he considers that the Commission should be asked to consolidate amended Community texts systematically to make it easier for users to understand and apply Community law.
Комисията по бюджетен контрол приканва водещата комисия по вътрешния пазар и защита на потребителите да включи в доклада си следните изменения:
The Committee on Budgetary Control calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to incorporate the following amendments in its report:
ПРЕАМБЮЛ, ПОЗОВАВАНЕ 4 А (ново)
PREAMBLE, CITATION 4 A (new)
като взе предвид становището на Сметната палата 1
having regard to the opinion of the Court of Auditors 1 ,
1 ОВ C 101 , 4.5.2007 г. , стр .
1 OJ C 101, 4.5.2007, p.
СЪОБРАЖЕНИЕ 10А) (ново)
RECITAL 10 A (new)