Draft DECISION OF THE EC-ANDORRA JOINT COMMITTEE concerning the extension of the common communication network/common systems interface (CCN/CSI) - Draft common position of the Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra [1] signed in Luxembourg on 28 June 1990 established a customs union between the two territories for products falling within Chapters 25 to 97 of the Harmonised System.

[1] OJ L 374, 31.12.1990, p. 14.

2. Article 7 of the Agreement provides that the Principality of Andorra must adopt the laws, regulations and administrative provisions applicable to customs matters in the Community and necessary for the proper functioning of the customs union, which must be those currently applicable in the Community.

3. Decision No 1/2003 of the EC-Andorra Joint Committee of 3 September 2003 [2] also provides that Andorra is to apply, for the products referred to above and without prejudice to the specific provisions of the Decision, the Community transit provisions set out in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code [3] and Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92. [4]

[2] OJ L 253, 7.10.2003, p. 3.

[3] OJ L 302, 19.10.1992, p. 1.

[4] OJ L 253, 11.10.1993, p. 1.

4. Under Regulation (EC) No 993/2001 [5] of 4 May 2001 amending Regulation (EEC) No 2787/2000, Article 367 of the Customs Code implementing provisions provides for the use of information technology and computer networks for transit purposes.

[5] OJ L 141, 28.5.2001, p. 1.

5. The use of such technologies, in particular the new computerised transit system (NCTS), requires the use of the common communication network/common systems interface (CCN/CSI) set up and managed by the Community. It is therefore necessary for the Community to authorise the extension of this network to Andorra to allow implementation of the provisions of the Agreement establishing customs union between the EC and Andorra.

6. Since the costs of Andorra using this network cannot be borne by the Community budget, practical rules and procedures for this extension and the commitments to be made by the Community and Andorra in this connection should also be provided for.

7. It is proposed that, to this end, the Council adopt a common position with a view to adopting a Decision of the EC-Andorra Joint Committee on the basis of the annexed text.

Draft DECISION OF THE EC-ANDORRA JOINT COMMITTEE concerning the extension of the common communication network/common systems interface (CCN/CSI)

THE EC-ANDORRA JOINT COMMITTEE,

Having regard to the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra signed in Luxembourg on 28 June 1990, and in particular Articles 7 and 17(8) thereof,

Having regard to Decision No 1/2003 of the EC-Andorra Joint Committee of 3 September 2003 on the laws, regulations and administrative provisions necessary for the proper functioning of the customs union (2003/692/EC),

Whereas:

(1) The Community rules applied by the Principality of Andorra provide for the use of information technology and computer networks for the purposes of applying some provisions, and in particular those concerning Community transit.

(2) The use of such technologies, in particular the new computerised transit system (NCTS), requires the use of the common communication network/common systems interface (CCN/CSI) developed by the Community.

(3) The Community should authorise the extension of this network to Andorra to allow implementation of the provisions of the Agreement establishing customs union between the EC and Andorra.

(4) The practical rules and procedures for this extension and the commitments of the Community and Andorra in this connection should also be laid down,

HAS DECIDED AS FOLLOWS:

Article 1

The Community authorises the extension to the Principality of Andorra of the common communication network/common systems interface (CCN/CSI) developed by the Community.

Article 2

1. The Parties shall comply with the technical specifications set out in the documents listed in the Annex to this letter which have been made available to the Principality of Andorra, together with any future amendments which may be made in connection with the project.

2. The Commission of the European Communities (hereinafter referred to as the "Commission") shall manage and develop the system for Andorra in accordance with the guidelines drawn up by the Customs Policy Committee - Working Party on Data Processing - CCN/CSI Technical Subgroup (CPC-CWP-CCN/CSI).

3. The Parties shall comply with the rules on general security policy as laid down and decided within the framework of the project.

4. The Principality of Andorra shall be kept informed in the same way as the Member States of the European Union of the general trends and main aspects of the development of the CCN/CSI which are likely to have an impact on their costs.

Article 3

1. The Commission shall inform the Andorran authorities of the service providers to which they must apply to obtain the services necessary for installation of the CCN/CSI system and technical support.

2. The Andorran authorities shall take the necessary measures to comply with the Commission's instructions in the case of a change in service providers under the project.

3. Following completion of network installation and conclusion of contracts for the provision to the Principality of Andorra of services relating to the CCN/CSI, the costs of using that network shall be borne by Andorra.

This Decision shall enter into force on

Done at..........,

For the EC-Andorra Joint Committee

The Chairman

ANNEX

List of technical documents (available in English only):

- CCN/CSI System Overview - Ref: CCN/CSI-OVW-GEN-01-MARB

- CCN/CSI Gateway Management Procedures - Ref: CCN/CSIMPRGW01MABX

- Check-list for CCN Gateways Installation - Ref: CCN/CSIDEPCHKxx-ATOR

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