Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | CONT | THEATO Diemut R. (PPE) |
Legal Basis EC before Amsterdam E 043, EC before Amsterdam E 235, RoP 154
Activites
- 1997/03/22 Final act published in Official Journal
- #1993
-
1997/03/13
Council Meeting
-
1997/03/13
End of procedure in Parliament
-
1997/03/13
Act adopted by Council after consultation of Parliament
-
1997/01/17
Decision by Parliament, 1st reading/single reading
-
T4-0022/1997
summary
In adopting the report by Mrs Diemut THEATO (EPP, D), Parliament challenged the relevance of the legal basis proposed by the Council (Article 235 of the EC Treaty) and took the view that the proposal for a Council Regulation should be based on Articles 43 and 100 of the EC Treaty. The Commission supported Parliament's stance and considered the possibility of recourse to the Court of Justice. �
-
T4-0022/1997
summary
-
1997/01/16
Debate in Parliament
-
Debate in Parliament
summary
The rapporteur, Mrs Theato (EPP, DE), questioned the Council’s unilateral choice of the legal basis (Articles 235 and 43) as this resulted in less democracy and transparency in the EU’s decision-making system and could compromise the institutional balance between Parliament and Council. She also felt that this approach would prevent the proper functioning of the single market. Commissioner Bonino stated that the Commission shared Parliament’s opinion that the Council had infringed Parliament’s powers by removing the proposal from the codecision procedure. As a result, the Commission reserved the right to bring the question of the legal basis before the Court of Justice.
-
Debate in Parliament
summary
-
1996/10/07
Committee report tabled for plenary, reconsultation
- A4-0303/1996
-
1996/10/07
Vote in committee, 1st reading/single reading
-
1995/06/12
Formal reconsultation of Parliament
- 1995/02/07 Amended legislative proposal for reconsultation published
- #1769
- 1994/06/16 Council Meeting
-
1994/02/17
Modified legislative proposal published
-
COM(1994)0034
summary
As stated in plenary, the Commission has not incorporated three of the amendments proposed by the European Parliament in its amended proposal, namely access to the CIS by the judicial authorities, direct access by the European Parliament to the operational system used within the framework of administrative cooperation and, lastly, the new comitology procedure proposed by the European Parliament. The rest of the amendments proposed by the European Parliament are included in or underlie the Commission's amendments to this proposal, while respecting the principal idea of the partnership between the Commission and the Member States on the basis of the planned administrative cooperation.�
-
COM(1994)0034
summary
-
1993/12/15
Decision by Parliament, 1st reading/single reading
-
T3-0705/1993
summary
Parliament adopted the report by Mrs Theato. It tabled numerous amendments to the Commission proposal which sought inter alia to eliminate the need for the agreement of the person involved in an investigation to allow the transfer of information to third countries, to eliminate the absolute need to link the Commission's missions to third countries to cooperation with the competent authorities of the Member States, to introduce a right of the European Parliament to conduct missions in third countries, to grant access to non-personal CIS data not only to the competent authorities of the Member States and of the Commission, but also to the European Parliament, which held the power of investigation, to made express provision for direct access to CIS data by the judicial authority, and to require that the possibility of relying on serious reasons as against the application of the regulation be limited only to cases where public policy was affected. Furthermore, it reserved the right to call for the conciliation procedure to be opened should the Council intend to depart from the text approved by Parliament. �
-
T3-0705/1993
summary
- 1993/12/13 Debate in Parliament
-
1993/12/01
Vote in committee, 1st reading/single reading
- A3-0393/1993
-
1993/02/12
Committee referral announced in Parliament, 1st reading/single reading
-
1992/12/21
Legislative proposal published
-
COM(1992)0544
summary
1) OBJECTIVE To set up a computer system centralizing customs information in order to prosecute and investigate breaches of customs and agricultural legislation more effectively. 2) CONTENTS 1. Among other things, this proposal sets up a customs information system (CIS), i.e. a common computer network set up and maintained by the Member States' customs administrations and the Commission in the form of a central database accessible via terminals in each Member State and at the Commission. 2. The system makes it possible to prevent, investigate and prosecute breaches of customs or agricultural legislation (EAGGF-financed operations are not covered) by speeding up the flow of data and information thereby reinforcing the effectiveness of customs cooperation and checks. 3. The CIS contains data only, including that of a personal character, necessary to achieve the objective specified in point 2. 4. Personal details may only be introduced into the CIS if there are real indications that the person concerned has breached or is breaching customs or agricultural legislation. 5. Some data (goods, means of transport, firms and persons) is introduced into the CIS to ensure the proper application of customs and agricultural legislation and for the purposes of checks on or discreet surveillance of suspect activities. 6. Direct access to CIS data is restricted to the Member States' designated national authorities and the Commission. 7. International or regional organizations may nevertheless consult the database in certain circumstances. Data may also, exceptionally, be transmitted to other national authorities or non-member countries. 8. Each Member State sends the Commission a list of the authorities authorized to consult the system directly, specifying the information to which each may have access and to what purpose. 9. The data in the CIS is confidential and may not be copied, unless the copy is necessary to the information search. 10. Data may, of course, subsequently be used in legal proceedings brought for contravening customs or agricultural legislation. 11. Any person may have inaccurate personal data concerning them corrected or deleted. 12. The Commission and the Member States shall take all measures necessary to prevent the unauthorized reading, copying, modification or deletion of data during the transmission of data and the transport of data media. 13. Interrogation of the CIS is also checked to ensure that searches were authorized and conducted by authorized users. Source : Commission Européenne - Info92 - 12/95�
-
COM(1992)0544
summary
Documents
- Legislative proposal published: COM(1992)0544
- Committee report tabled for plenary, 1st reading/single reading: A3-0393/1993
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T3-0705/1993
- Modified legislative proposal published: COM(1994)0034
- Debate in Council: 1769
- Amended legislative proposal for reconsultation published: 04324/1995
- Committee report tabled for plenary, reconsultation: A4-0303/1996
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T4-0022/1997
- : Regulation 1997/515
- : OJ L 082 22.03.1997, p. 0001
History
(these mark the time of scraping, not the official date of the change)
procedure/subject/0 |
Old
2.10.01 Customs Union, tax and duty-free, Community transitNew
2.10.01 Customs union, tax and duty-free, Community transit |
activities |
|
committees |
|
links |
|
other |
|
procedure |
|