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19.8.

98 EN Official Journal of the European Communities C 261/15

Amended proposal for a European Parliament and Council Regulation (EC) amending Regu-
lation (EEC) No 2913/92 establishing the Community customs code (transit)Ø(Î)

(98/C 261/08)

(Text with EEA relevance)

COM(1998) 428 final — 97/0242(SYN)

(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 3 July 1998)

(Î)ÙOJ C 337, 7.11.1997, p. 52.

INITIAL PROPOSAL AMENDED PROPOSAL

New recital 1a

(Amendment 1)
(1a)ÙWhereas all decisions taken in the Committee
procedure must be transparent for both customs
administrations and industry;

Article 1(1)

(Amendment 2)
1.ÙArticle 91(1)(b) is replaced by the following: 1.ÙArticle 91(1)(b) is replaced by the following:

‘(b)ÙCommunity goods, in cases and upon conditions ‘(b)ÙCommunity goods, in cases and upon conditions
determined in accordance with the committee determined in accordance with the committee
procedure’. procedure, in order to prevent products covered
by or benefiting from export measures from
either evading or benefiting unjustifiably from
such measures’.

Article 1(3)

(Amendment 4)
3.ÙArticle 94(2)(a) is replaced by the following: 3.ÙArticle 94 is replaced by the following:

‘(a) journeys by air;’ ‘Article 94

1.ÚÙThe 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.
C 261/16 EN Official Journal of the European Communities 19.8.98

INITIAL PROPOSAL AMENDED PROPOSAL

2.ÚÙThe 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.ÚÙAuthorisation shall only be granted to persons
who:

(a)Ùare 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.ÚÙPersons 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.ÚÙThis 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.

6.ÚÙThe detailed rules of authorisation shall be
determined in accordance with the Committee
procedure. They shall include transparent and
harmonised measures concerning:

—Ùthe criteria to be met by persons to whom author-
isation is to be granted;

—Ùthe restrictions on goods to which the compre-
hensive guarantee or the guarantee waiver shall
apply;

and

—Ùthe conditions with which an authorised person
shall comply.’
19.8.98 EN Official Journal of the European Communities C 261/17

INITIAL PROPOSAL AMENDED PROPOSAL

Article 1(4)

(Amendment 5)
4.ÙArticle 95 is replaced by the following: 4.ÙArticle 95 is replaced by the following:

‘Article 95 ‘Article 95

The cases in which and the conditions upon which a 1.ÚÙExcept in cases to be determined where
person may obtain from the customs authorities a necessary in accordance with the Committee
guarantee waiver for external Community transit procedure, no guarantee need be furnished for:
operations carried out by him shall be determined in
accordance with the committee procedure.’ (a)Ùjourneys 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.ÚÙThe 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.’

Article 1(5)

(Amendment 6)
5.ÙArticle 96(2) is deleted; Article 96(1) stands alone. 5.ÙArticle 96 remains unchanged.