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C 179/6 EN Official Journal of the European Communities 24.6.

1999

II
(Preparatory Acts)

COMMISSION

Amended proposal for a European Parliament and Council Directive amending Council Directive
76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part
of the system of financing the European Agricultural Guidance and Guarantee Fund, and of
agricultural levies and customs duties and in respect of value added tax and certain excise duties (1)
(1999/C 179/07)

COM(1999) 183 final — 98/0206(COD)


(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty 10 May 1999)

(1) OJ C 269, 28.8.1998, p. 16.

INITIAL PROPOSAL AMENDED PROPOSAL

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE


EUROPEAN UNION,

Recital 2a (new)

Whereas, in the context of the internal market, Community


and national financial interests, which are increasingly
threatened by fraud, must be protected so as to safeguard
better the competitiveness and fiscal neutrality of the internal
market;

Recital 3

Whereas any claim in respect of which a request for recovery Whereas any claim in respect of which a request for recovery
has been made should be treated as a claim of the Member has been made should be treated as a claim of the Member
State in which the requested authority is situated but should State in which the requested authority is situated and should be
not be given preferential treatment over and above that given treated in an identical manner to similar claims arising in that
to similar claims arising in that Member State; Member State;

Recital 5

Whereas the use of mutual assistance on recovery by the Whereas the use of mutual assistance on recovery cannot, save
Member States should be encouraged by making the mutual in exceptional circumstances, be based on financial benefits or
financial benefits inherent in mutual assistance more trans- an interest in the results obtained, but whereas the principle of
parent on a case-by-case basis; reimbursement of any costs to the requested Member State
must be affirmed;
24.6.1999 EN Official Journal of the European Communities C 179/7

INITIAL PROPOSAL AMENDED PROPOSAL

HAVE ADOPTED THIS DIRECTIVE:

Article 1(6)(b)

(b) Paragraphs 3 and 4 are replaced by the following: (b) Paragraphs 3 and 4 are replaced by the following:
‘3. The request for recovery shall indicate: ‘3. The request for recovery shall indicate:
(a) the name, address and any other relevant (a) the name, address and any other relevant
information relating to the identification of the information relating to the identification of the
person concerned; person concerned;
(b) the name, address and any other relevant (b) the name, address and any other relevant
information relating to the identification of the information relating to the identification of the
applicant authority; applicant authority;
(c) a reference to the instrument permitting its (c) a reference to the instrument permitting its
enforcement in the Member State in which the enforcement in the Member State in which the
applicant authority is situated; applicant authority is situated;
(d) the nature and the amount of the claim, including (d) the nature and the amount of the claim, including
the principal, the interest, and any other penalties, the principal, the interest, and any other penalties,
fines and costs due indicated in the currencies of fines and costs due indicated in the currencies of
the Member States in which both authorities are the Member States in which both authorities are
situated; situated;
(e) the date of notification of the claim to the (e) the date of notification of the claim to the
addressee by the applicant authority and/or by addressee by the applicant authority and/or by
the requested authority; the requested authority;
(f) the date from which enforcement is possible under (f) the date from which enforcement is possible under
the law in force in the Member State in which the the law in force in the Member State in which the
applicant authority is situated; applicant authority is situated;
(g) the compensatory percentage in accordance with (g) any other relevant information.
Article 18(2), second subparagraph;

(h) any other relevant information.


The request shall indicate the interest due as a fixed The request shall indicate the interest due as a fixed
amount incurred up to the date of the request and as amount incurred up to the date of the request and as
an additional amount to be determined on recovery. To an additional amount to be determined on recovery. To
permit the requested authority to calculate this permit the requested authority to calculate this
additional amount, an interest rate and the method additional amount, an interest rate and the method
of calculation to be used by the requested authority of calculation to be used by the requested authority
in determining the interest due from the date of the in determining the interest due from the date of the
request to the date of recovery from the debter shall be request to the date of recovery from the debter shall be
indicated’. indicated’.

Article 1(7)

7. Article 8 is replaced by the following: 7. Article 8 is replaced by the following:

‘Article 8 ‘Article 8
The instrument permitting enforcement of the claim shall The instrument permitting enforcement of the claim shall
be directly recognised and automatically treated as an be directly recognised and automatically treated as an
instrument permitting enforcement of a claim of the instrument permitting enforcement of a claim of the
Member State in which the requested authority is situated’. Member State in which the requested authority is situated.

Where such recognition leads to the claim or the


instrument of enforcement issued by the requesting
authority being contested, the provisions of Article 12
shall apply’.
C 179/8 EN Official Journal of the European Communities 24.6.1999

INITIAL PROPOSAL AMENDED PROPOSAL

Article 1(9)

9. Article 10 is replaced by the following: 9. Article 10 is replaced by the following:


‘Article 10 ‘Article 10
The claims to be recovered shall not be given preferential The claims to be recovered shall not be given preferential
treatment over and above that given to similar claims treatment over and above that given to similar claims
arising in the Member State in which the requested arising in the Member State in which the requested
authority is situated’. authority is situated’.

Article 1(14)

14. Article 18 is replaced by the following: 14. Article 18 is replaced by th following:


‘Article 18 ‘Article 18
1. The requested authority shall recover from the 1. The requested authority shall recover from the
person concerned and retain any costs directly linked to person concerned and retain any costs directly linked to
recovery which it incurs, in accordance with the laws and recovery which it incurs, in accordance with the laws and
regulations in the Member State in which it is situated that regulations in the Member State in which it is situated that
apply to similar claims. apply to similar claims.
2. Until 31 December 2004, all costs incurred by the 2. All costs incurred by the requested authority, other
requested authority, other than those referred to in than those referred to in paragraph 1, resulting from
paragraph 1, resulting from mutual assistance which led mutual assistance which led to recovery of part or all of
to recovery of part or all of the claim by the requested the claim by the requested authority shall be reimbursed
authority shall be reimbursed by the applicant authority in by the applicant authority in accordance with the second
accordance with the second subparagraph. subparagraph.
On remittance by the requested authority to the applicant Where recovery poses a specific problem, concerns a very
authority of the amount of the claim recovered by the large mount or relates to the fight against organised crime,
requested authority, the applicant authority shall pay a the applicant and requested authorities may agree reim-
sum equal to a percentage greater than 0,1 % of the bursement arrangements specific to the cases in question’.
amount of the claim recovered and remitted by the
requested authority. The percentage shall be indicated by
the applicant authority in the original request for recovery’.