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
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 2 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. 3 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. 4