EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 30.03.2004 
COM(2004)209 final 
2004/0068 (ACC)   
Proposal for a 
COUNCIL DECISION 
amending Decision 2003/231/EC concerning th e accession of the European Community 
to the Protocol of Amendment to the Internat ional Convention on th e simplification and 
harmonisation of customs pro cedures (Kyoto Convention) 
(presented by the Commission) 
 
 2    EXPLANATORY MEMORANDUM  
The attached proposal concerns the accession of the European Community to the Protocol of 
Amendment to the International Convention on the simplification and harmonisation of 
customs procedures (Kyoto Convention). 
Article 3 of the Council Decisi on of 17 March 2003 concerning the accession of the European 
Community to the Protocol of Amendment to the Kyoto Convention provides that the 
President of the Council is au thorised to designate the pe rsons empowered to deposit the 
instrument of accession to the Protocol of Amendment, including Appendices I and II, on 
behalf of the Community and that such deposit mu st take place at the same time as the deposit 
of instruments of accession by the Member States.  
Under the 2003 Treaty of Accession to the European Union, the Czech Republic, Estonia, 
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia will join the European Union on 1 May 2004. The Czech Repub lic, Latvia and Slovakia have already 
deposited with the Secretary-General of the Customs Cooperation C ouncil their instruments 
of accession to the Protocol of Amendmen t to the International Convention on the 
simplification and harmonisation of customs procedures, including Appendices I and II. 
If the Community does not deposit its instrument  of accession to the Protocol of Amendment 
to the International Convention on the simp lification and harmon isation of customs 
procedures before 1 May 2004, a legal situat ion incompatible with the division of 
competences between the Community and its Memb er States will arise, as some Member 
States of the Community will be members of a convention to which the Community has not 
yet acceded, although the major ity of the provisions of th e Convention fall within the 
exclusive competence of the Community. 
To ensure that such a situation does not aris e, the Community and those Member States that 
have completed their national accession procedures must de posit their instruments of 
accession to the Amendment Protocol, including Appendices I and II, before 1 May 2004. 
The Council is therefore asked to adopt th e annexed proposal for a Council Decision 
amending the Council Decision of 17 March 2003 concerning the accession of the European 
Community to the Protocol of Amendment to the International Convention on the 
simplification and harmonisation of cust oms procedures (Kyoto Convention).  
 
 3    2004/0068 (ACC) 
Proposal for a 
COUNCIL DECISION 
amending Decision 2003/231/EC concerning th e accession of the European Community 
to the Protocol of Amendment to the Internat ional Convention on th e simplification and 
harmonisation of customs pro cedures (Kyoto Convention) 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Communit y, and in particular Article 
133 in conjunction with Article 300(2), firs t subparagraph, first sentence thereof, 
Having regard to the proposal from the Commission,1 
Whereas: (1) Council Decision 2003/231/EC
2 authorises the Community’s accession to the Protocol 
of Amendment to the In ternational Convention on  the simplification and 
harmonisation of customs procedures, with the exception of Appendix III. 
(2) Decision 2003/231/EC provide s that the deposit of the Community’s instrument of 
accession must take place at the same time as the deposit of instruments of accession by the Member States.  
(3) There is a possibility that some Member States may not have completed their national 
ratification procedures by 30 April 2004. 
(4) The Czech Republic, Latvia and Slovakia, which will be joining the European Union 
on 1 May 2004 in accordance with the 2003 A ccession Treaty, have already deposited 
with the Secretary-General of the Custom s Cooperation Council their instruments of 
accession to the Protocol of Amendment to the International Convention on the simplification and harmonisation of custom s procedures, including Appendices I and 
II. 
(5) It is necessary to avoid a legal situation in which some Member States are members of 
an international conv ention to which the Community has not yet acceded, although the 
majority of the convention’s provisions fa ll with the exclusiv e competence of the 
Community. 
(6) Decision 2003/231/EC should therefore be amended accordingly, 
                                                
 
1 OJ C , , p. . 
2 OJ L 86, 3.4.2003, p. 21. 
 
 4    HAS DECIDED AS FOLLOWS:  
Article 1 
The second sentence of Article  3(1) of Decision 2003/231/EC is  replaced by the following: 
"Such deposit shall take place on 30 April 2004, at the same time as the deposit of instruments 
of accession by the Member States that have co mpleted their national accession procedures at 
that date." 
Article 2 
This Decision shall be published in the Official Journal of the European Union.  
Done at Brussels,  
 For the Council 
 The President