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Friday 12 March 1999
C 175/420
EN
21.6.1999Official Journal of the European CommunitiesPART II
Texts adopted by the European Parliament
1. Community Customs Code ***I
A4-0080/99Proposal for a European Parliament and Council Regulation (EC) amending Council Regulation(EEC) No 2913/92 establishing the Community Customs Code (COM(98)0226 − C4-0370/98 −98/0134(COD))
The proposal was approved with the following amendments:
TEXT PROPOSEDBY THE COMMISSION (*)AMENDMENTSBY PARLIAMENT
(Amendment 1)
ARTICLE 1(1)Article 5(2), second subparagraph (Regulation (EEC) No 2913/92)1. The second subparagraph of Article 5(2) is replaced bythe following:
Deleted
‘Member States may reserve the right, on their territory, tomake customs declarations by indirect representation tocustoms agents.Implementing provisions may be laid down in accordancewith the Committee procedure, in particular to ensureequitable conditions of access to the two types of repre-sentation.
’(Amendment 15)
ARTICLE 1(1a) (new)Article 13 (Regulation (EEC) No 2913/92)
1a. Article 13 is replaced by the following:‘Article 13The customs authorities shall adopt, under the termslaid down by the provisions in force, the controlmeasures which they consider necessary for the correctapplication of Community customs rules and pro-cedures. They shall also introduce effective controlmeasures which shall guarantee uniform application of those rules and facilitate the fight against fraud.’
(*) OJ C 228, 21.7.1998, p. 8.
 
Friday 12 March 1999
21.6.1999
EN
C 175/421Official Journal of the European Communities
TEXT PROPOSEDBY THE COMMISSIONAMENDMENTSBY PARLIAMENT
(Amendment 2)
ARTICLE 1(4)Article 62(3) (Regulation (EEC) No 2913/92)4. The following paragraph is added to Article 62:
Deleted
‘3. Exceptions to the requirement established in para-graph 2 may be laid down in accordance with thecommittee procedure, in particular where the declarationis made electronically.However, the right of access without prior warning of thenational authorities or, where appropriate, of Communityauthorities, together with the obligation on the part of theoperator to keep the proof for a minimum period shall beguaranteed. Implementing measures shall also be defined in accordance with the committee procedure.’
(Amendments 3 and 14)
ARTICLE 1(4a) (new)Article 77, second and third paragraphs (new) (Regulation (EEC) No 2913/92)
4a. The following paragraphs are added to Article 77:‘Where the customs declaration is made by means of adata-processing technique, the customs authoritiesmay allow required accompanying documents referredto in Article 62(2) to be made out and transmitted byelectronic means, or kept at their disposal instead of accompanying the declaration, thereby enabling cus-toms authorities to have access thereto without priorwarning.The right of free access without prior warning of thenational authorities or, where appropriate, of Com-munity authorities, together with the obligation on thepart of the operator to keep the proof for a minimumperiod shall also be guaranteed. Implementingarrangements shall be defined in accordance with thecommittee procedure.’
(Amendment 4)
ARTICLE 1(5)Article 115(4) (Regulation (EEC) No 2913/925. Article 115(4) is replaced by the following:
Deleted
‘4. Specific provisions for the application of para-graph 1 may be adopted in accordance with the committeeprocedure.’
(Amendment 5)
ARTICLE 1(6)Article 117(c) (Regulation (EEC) No 2913/926. The following sentence is added to Article 117(c):
Deleted
‘The cases in which the economic conditions are deemed to have been fulfilled may be determined in accordancewith the committee procedure.’
 
Friday 12 March 1999
C 175/422
EN
21.6.1999Official Journal of the European Communities
TEXT PROPOSEDBY THE COMMISSIONAMENDMENTSBY PARLIAMENT
(Amendment 6)
ARTICLE 1(7)Article 118(4) (Regulation (EEC) No 2913/927. Article 118(4) is replaced by the following:
Deleted
‘4. Specific time limits may be laid down in accordancewith the committee procedure.’
(Amendment 7)
ARTICLE 1(11)Article 133(e) (Regulation (EEC) No 2913/92)11. In point (e) of Article 133, the following sentence isadded:
Deleted
‘The cases in which the economic conditions are deemed to have been fulfilled may be determined in accordancewith the committee procedure.’
(Amendment 8)
ARTICLE 1(14)Article 152 (Regulation (EEC) No 2913/92)14. Article 152 is replaced by the following:
Deleted
‘Article 152By way of derogation from Article 151, the committeeprocedure may be used to determine the cases in which,and the specific conditions upon which, goods may bereleased for free circulation following an outward pro-cessing operation either with total relief from import duties, or by taking the cost of the processing operation asthe basis for assessment for the purpose of applying thecustoms tariff of the European Communities.’
(Amendment 13)
ARTICLE 1(21a) (new)Article 220(2)(b), new subparagraph (Regulation (EEC) No 2913/92)
21a. The following subparagraph is added to Article220(2)(b):‘Where the preferential status of goods is establishedon the basis of administrative cooperation involving theauthorities of a third country, the delivery of a certifi-cate by these authorities which proves to be incorrectshall be considered as an error within the meaning of the preceding subparagraph which could not reasona-bly have been detected, unless the factual situation wasincorrectly presented to the said authorities by theexporter.’
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