Activities of Olle SCHMIDT related to 2013/0410(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 515/97 of 13 March 1997 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 PDF (315 KB) DOC (404 KB)
Amendments (22)
Amendment 44 #
Proposal for a regulation
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Regulation (EC) N0 515/97
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
2a. Article 18.1.1 is replaced by the following: 1. Where a Member State's competent authorities become aware of operations which constitute, or appear to constitute, breaches of customs or agricultural legislation that are of particular relevance at Community levellegislation, and especially:
Amendment 45 #
Proposal for a regulation
Article 1 – point 2 b (new)
Article 1 – point 2 b (new)
Regulation (EC) N0 515/97
Article 18 – paragraph 1 – subparagraph 1 – indent 2 a (new)
Article 18 – paragraph 1 – subparagraph 1 – indent 2 a (new)
2b. Article 18.1. is amended as follows: New indent 2a is added: - breaches of customs legislation above a threshold set by the Commission.
Amendment 46 #
Proposal for a regulation
Article 1 – point 2 c (new)
Article 1 – point 2 c (new)
Regulation (EC) N0 515/97
Article 18 – paragraph 1 – subparagraph 2
Article 18 – paragraph 1 – subparagraph 2
2c. Article 18.1.2 is replaced by the following: they shall communicate to the Commission as soon as possible, but no later than three weeks, either on their own initiative or in response to a reasoned request from the Commission, any relevant information, be it in the form of documents or copies or extracts thereof, needed to determine the facts so that the Commission may coordinate the steps taken by the Member States.
Amendment 47 #
Proposal for a regulation
Article 1 – point 2 d (new)
Article 1 – point 2 d (new)
Regulation (EC) N0 515/97
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
2d. Article 18.4.1 is replaced by the following: 4. Where the Commission considers that irregularities have taken place in one or more Member States, it shall inform the Member State or States concerned thereof and that State or those States shall at the earliest opportunity but no later than three weeks after the information was received carry out an enquiry, at which Commission officials may be present under the conditions laid down in Articles 9 (2) and 11 of this Regulation.
Amendment 50 #
Proposal for a regulation
Article 1 – paragraph 3 – point b a (new)
Article 1 – paragraph 3 – point b a (new)
Regulation (EC) N0 515/97
Article 18 a – paragraph 3 – point a
Article 18 a – paragraph 3 – point a
Amendment 51 #
Proposal for a regulation
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
Regulation (EC) No 515/97
Article 18 a – paragraph 6 – subparagraph 1
Article 18 a – paragraph 6 – subparagraph 1
6. Without prejudice to Regulation 45/2001, tThe Commission may transfer, subject to the agreement of the public or privsupplying Member State, service providers active in the international supply chain, data referred to in Article 18a(3) to international olected data obtained in accordance with the procedure specified in paragraph 1 to the international organisations World Customs Organisation, International Maritime Organization, International Civil Aviation Organiszations and/or EU institutions/agencies International Air Transport Association, and EUROPOL which contribute to the protection of the financial interests of the Union and correct application of customs legislation with which the Commission concluded a relevant arrangement or memorandum of understanding.
Amendment 52 #
Proposal for a regulation
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
Regulation (EC) No 515/97
Article 18 a – paragraph 6 – subparagraph 4 a (new)
Article 18 a – paragraph 6 – subparagraph 4 a (new)
The Commission shall be empowered to adopt delegated acts in accordance with Article 43 to amend the list of international organisations and/or EU institutions/agencies which contribute to the protection of the financial interests of the Union and correct application of customs legislation.
Amendment 53 #
Proposal for a regulation
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
Regulation (EC) No 515/97
Article 18 a – paragraph 6 – subparagraph 4 b (new)
Article 18 a – paragraph 6 – subparagraph 4 b (new)
The Commission shall consult with business representatives regarding the development of delegated acts referred to in Article 18a (6).
Amendment 59 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 c – paragraph 2
Article 18 c – paragraph 2
2. The required CSMs shall be reported in either of the following situations:for containers destined to be brought by vessel into the customs territory of the Union from a third country;
Amendment 60 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 c – paragraph 2 – point b
Article 18 c – paragraph 2 – point b
Amendment 62 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 c – paragraph 3
Article 18 c – paragraph 3
3. The required CSMs shall report the events referred to in Article 18f insofar as they are known to the reporting public or private service provider active in the international supply chain and for which the data has been generated or collected in the electronic container tracking equipment.
Amendment 72 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 f – paragraph 1
Article 18 f – paragraph 1
Amendment 75 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
2. The Commission shall adopt, by means of implementing acts, provisions regarding the format of the data in the CSMs and, the method of transmission of the CSMs and the frequency of reporting. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43a(2).
Amendment 77 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 f – paragraph 2 b (new)
Article 18 f – paragraph 2 b (new)
2b. The Commission shall consult with business representatives regarding the development of implementing acts referred to in article 18f.
Amendment 84 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 g – paragraph 3 – subparagraph 2
Article 18 g – paragraph 3 – subparagraph 2
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 g – paragraph 4 – subparagraph 4
Article 18 g – paragraph 4 – subparagraph 4
Data contained in the import, export, transit directory shall be kept only for the time necessary to achieve the purpose for which they were introduced and may not be stored for more than tseven years. If personal data are stored for a period exceeding fivthree years, the European Data Protection Supervisor shall be informed accordingly.
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 h – paragraph 1
Article 18 h – paragraph 1
1. The Commission may, following a request to the Member States as described in Article 2, obtain directly from the economic operators documents supporting import and export declarations, and for which supporting documents have been generated or collected by the economic operators, with respect to investigations related to the implementation of customs legislation as defined in Article 2(1).
Amendment 94 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
Regulation (EC) No 515/97
Article 18 h – paragraph 1 – subparagraph 1 a (new)
Article 18 h – paragraph 1 – subparagraph 1 a (new)
1a. Following a demand from the Commission, the Member State shall have three weeks to answer the request and provide the required documentation. If it fails to do so within this period, it shall be considered to have given its tacit authorisation for the Commission to directly contact the economic operators.
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
2. Within the time limits obliging economic operators to maintain the relevant documentation, economic operators shall provide the Commission upon request with the information mentioned in paragraph 1 within three weeks.’
Amendment 103 #
Proposal for a regulation
Article 1 – paragraph 15
Article 1 – paragraph 15
Regulation (EC) No 515/97
Article 43 – point 2
Article 43 – point 2
2. The power to adopt delegated acts referred to in Articles 18f(1a(6), 18g(3) and 23(4) shall be conferred on the Commission for an indeterminate period of time from [dd/mm/yyyy] [insert date of entry into force of this Regulation].
Amendment 104 #
Proposal for a regulation
Article 1 – paragraph 15
Article 1 – paragraph 15
Regulation (EC) No 515/97
Article 43 – point 3
Article 43 – point 3
3. The power to adopt delegated acts referred to in Articles 18f(1a(6),18g(3) and 23(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 15
Article 1 – paragraph 15
Regulation (EC) No 515/97
Article 43 – point 5
Article 43 – point 5
5. A delegated act adopted pursuant to Articles 18f(1a(6),18g(3) and 23(4) shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.