CSI) within the framework of the Convention on a common transit procedure - Main contents

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dossier	COM(2003)851 - Conclusion of an Agreement with the Czech Republic modifying the Agreement concluded on 13 April 2000 concerning the ...
document	COM(2003)851
date	January 19, 2004

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52003PC0851

Proposal for a Council decision on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Czech Republic modifying the Agreement concluded on 13 April 2000 concerning the extension of the common communication network/common systems interface (CCN/CSI) within the framework of the Convention on a common transit procedure /* COM/2003/0851 final */

Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Czech Republic modifying the Agreement concluded on 13 April 2000 concerning the extension of the common communication network/common systems interface (CCN/CSI) within the framework of the Convention on a common transit procedure

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The implementation of the computerised transit system introduced by Decision n° 1/99 of the Joint Committee on Common Transit requires the use of an international computer network to enable the exchange of information between the competent authorities of the Parties to the Convention of 20 May 1987 on a common transit procedure .

OJ L 65, 12.3.1999, p. 50.

OJ L 226, 13.8.1987, p. 2.

2. By Decision n° 2/99 of the Joint Committee, the network to be used by all Contracting Parties to the aforementioned Convention is the Common Communications Network/Common Systems Interface (CCN/CSI), developed by the European Community; agreements laying down the necessary arrangements were to be concluded between the Community and each of the partner countries concerned .

Article 1 Appendix I of the Convention was amended as follows: The following new paragraph is inserted as paragraph 1a in article 23a: '1a. For the exchange of information in paragraph 1, the Common Communications Network/Common System Interface (CCN/CSI) of the Community shall be used by all contracting Parties. The financial participation of the EFTA countries and other related issues shall be agreed between the Community and each of the EFTA countries. OJ L 119, 7.5.1999, p. 53.

3. The relevant agreement between the Community and the Czech Republic was concluded by exchange of letters on 13 April 2000 .

OJ L 102, 27.4.2000, p. 59.

4. The agreement foreland down a system of pre-financing under which the Czech Republic had to advance a flat-rate sum for the annual cost of the use of the network and replenish a reserve for contingencies and future development, from which the Commission had to deduct the cost of the support services to that country.

5. Following the inclusion of the Czech Republic in the PHARE networking project, and the conclusion of contracts for CCN/CSI support services to that country on 25 November 2002, the expenses relating to the provision of these services in the Czech Republic are now paid from the pre-accession funds instead of under the arrangements laid down in the Agreement of 13 April 2000.

6. Consequently, the existing Agreement must be amended in order to terminate the application of the arrangements foreseen.

7. The Commission proposes that the Council conclude an agreement with the Czech Republic amending the agreement concluded on 13 April 2000, on the basis of the text contained in Annex I.

Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Czech Republic modifying the Agreement concluded on 13 April 2000 concerning the extension of the common communication network/common systems interface (CCN/CSI) within the framework of the Convention on a common transit procedure

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 300(2) thereof;

Having regard to the proposal from the Commission

OJ C [...] [...], p. [...]

Whereas:

(1) The Community concluded an agreement with the Czech Republic on 13 April 2000 on the extension to that country of the common communication network/common systems interface, CCN/CSI

(2) The Agreement provides for pre-financing by the Czech Republic of expenditure by the Commission on the provision of the relevant services;

(3) On 25 November 2002 the Commission concluded contracts for the provision of these services to the Czech Republic under the Phare networking project.

(4) It is therefore necessary to amend the agreement of 13 April 2000 so as to terminate the application of the arrangements foreseen in the existing Agreement;

(5) Item XI of the Agreement specifies that the parties may modify it by mutual agreement;

HAS DECIDED AS FOLLOWS:

Sole Article

The Council authorises the Commission to conclude, for the European Community, an agreement in the form of an exchange of letters with the Government of the Czech Republic amending the Agreement concluded on 13 April 2000, laying down the procedure for the extension of the common communication network/common systems interface (CCN/CSI), according to the text in Annex I.