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
Date: 2004-01-19
Institutions: European Commission
Subjects: Czechia, agreement (EU), computer network, exchange of information, transit

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.01.2004
COM(2003) 851 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)

EN

  EN

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EXPLANATORY MEMORANDUM

The  implementation  of  the  computerised  transit  system  introduced  by  Decision
n° 1/991  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 procedure2.

By  Decision  n°  2/99  of  the  Joint  Committee,  the  network  to  be  used  by  all
Contracting  Parties 
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 concerned3.

the  aforementioned  Convention 

to 

is 

The  relevant  agreement  between  the  Community  and  the  Czech  Republic  was
concluded by exchange of letters on 13 April 20004.

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.

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.

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

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.

OJ L 65, 12.3.1999, p. 50.
OJ L 226, 13.8.1987, p. 2.
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
the  EFTA  countries.
issues 
OJ L 119, 7.5.1999, p. 53.
OJ L 102, 27.4.2000, p. 59.

the  Community  and  each  of 

shall  be  agreed  between 

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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 Commission5

Whereas:

(1) 

(2) 

(3) 

(4) 

(5) 

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

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

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

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;

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.

5

OJ C […] […], p. […]

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Done at Brussels, […]

For the Council
The President

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EXCHANGE OF LETTERS

ANNEX I

between  the  European  Community,  of  the  one  part,  and  Czech  Republic,  of  the  other
part, modifying the agreement concluded on 13 April 2000 concerning the extension to
the  Czech  Republic  of  the  use  of  the  Common  Communications  Network/Common
System Interface (CCN/CSI) for the New Computerised Transit System (NCTS) on the
basis of Decision 2/99 of the EC/EFTA Joint Committee on common transit

Letter from the European Commission

A.

Sir,

Concerning the agreement concluded by exchange of letters on 13 April 2000 extending to the
Czech Republic the use of the Common Communications Network/Common System Interface
(CCN/CSI) for the New Computerised Transit System, and with reference to item XI of that
Agreement,  I  would  like  to  propose  the  following  amendment  on  behalf  of  the  European
Community:

1. Following the conclusion, on 25 November 2002, of contracts under the Phare networking
project for CCN/CSI services to the Czech Republic, the statement prepared in January 2003
shall be the final statement of accounts under the arrangements agreed on 13 April 2000.

2. The application of the provisions of the agreement is hereby terminated.

I would be grateful if you could confirm the agreement of the Czech Republic to the above.

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Letter from the Czech Republic

B.

Sir,

I  have  the  honour  to  acknowledge  receipt  of  your  letter  concerning  the  amendment  of  the
agreement  concluded  by  exchange  of  letters  on  13  April  2000  extending  to  the  Czech
Republic  the  use  of  the  Common  Communications  Network/Common  System  Interface
(CCN/CSI) for the New Computerised Transit System, which reads as follows:

" Concerning the agreement concluded by exchange of letters on 13 April 2000 extending to
the  Czech  Republic  the  use  of  the  Common  Communications  Network/Common  System
Interface  (CCN/CSI) for the  New  Computerised  Transit  System,  and  with  reference  to  item
XI  of  that  Agreement,  I  would  like  to  propose  the  following  amendment  on  behalf  of  the
European Community:

1. Following the conclusion, on 25 November 2002, of contracts under the Phare networking
project for CCN/CSI services to the Czech Republic, the statement prepared in January 2003
shall be the final statement of accounts under the arrangements agreed on 13 April 2000.

2. The application of the provisions of the agreement is hereby terminated.

The Czech Republic has the honour to confirm its agreement with the commitment taken in
this letter, on a reciprocal basis, by the European Community.

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FINANCIAL STATEMENT

1.

2.

3.

4.
5.

5.0

5.1

BUDGET HEADING:
B5-303 and 6093 (statement of revenue)
TITLE: Customs 2000 and revenue accruing from the participation of the non-member countries in
customs co-operation agreements; termination of pre-financing arrangements
LEGAL BASIS: Decision N° 2/99 of the EC-CEFTA joint committee "Common Transit" of 30 March
1999 modifying Appendix I of the Convention of 20 May 1987. OJ L 119 p. 53, of 07/05/99. +
Agreement (exchange of letters) of 13 April 2000, OJ L 102, 27.4.2000, p. 59
AIMS: Termination of pre-financing arrangements for use of CCN/CSI network by the Czech Republic
FINANCIAL IMPLICATIONS

DATE:
APPROPRIATIONS:

12 MONTH
PERIOD

(EUR million)

CURRENT
FINANCIAL
YEAR
[n]
(EUR million)

FOLLOWING
FINANCIAL
YEAR
[n+1]
(EUR million)

CHARGED TO THE EC BUDGET

NATIONAL AUTHORITIES
OTHER

EXPENDITURE – Voir commentaires
-
(REFUNDS/INTERVENTIONS)
-
-
REVENUE – Voir commentaires
-
(LEVIES/CUSTOMS DUTIES)
NATIONAL
-

OWN RESOURCES OF THE EC

0, 02813340

0

0

0

[n+2]

[n+3]

[n+4]

[n+5]

6.1

6.0

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION: After deduction of the cost of services up to 24/11/02 and taking into
account the final payment requests from contractors, the balance at 31/1/03 amounted to +/- €28.133,40
CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE
RELEVANT CHAPTER OF THE CURRENT BUDGET?
CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF
THE CURRENT BUDGET?

NO
NO
6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY?
6.3 WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS?
YES NO
OBSERVATIONS: The agreement of 13 April 2000 requires the Commission to inform the Czech Republic,
before July each year, of the flat-rate amount to be transmitted the following 15 May as an advance for
CCN/CSI services. In 2002 DG TAXUD informed the Czech Republic that in view of the inclusion of these
services to the Czech Republic in the Phare networking project, the advance to be made for 2003 was 0.
Following the establishment of the final statement of account as at 31/1/03, therefore, procedures were put in
hand to repay the balance to the Czech Republic, via item 6093 of the statement of revenues.

YES

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