Proposal for a Council Decision amending Decision 2003/231/EC concerning 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)
Date: 2004-03-30
Institutions: European Commission
Subjects: accession to an agreement, customs harmonisation, international convention, simplification of formalities

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.03.2004 
COM(2004)209 final 

2004/0068 (ACC) 

Proposal for a 

COUNCIL DECISION 

amending Decision 2003/231/EC concerning 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) 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
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 Decision 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  authorised  to  designate  the  persons  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 must 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  Republic,  Latvia  and  Slovakia  have  already 
deposited with  the  Secretary-General  of the Customs  Cooperation  Council their instruments 
of  accession  to  the  Protocol  of  Amendment  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  simplification  and  harmonisation  of  customs 
procedures  before  1  May  2004,  a  legal  situation  incompatible  with  the  division  of 
competences  between  the  Community  and  its  Member  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  majority  of  the  provisions  of  the  Convention  fall  within  the 
exclusive competence of the Community. 

To ensure that such a situation does not arise, the Community and those Member States that 
have  completed  their  national  accession  procedures  must  deposit  their  instruments  of 
accession to the Amendment Protocol, including Appendices I and II, before 1 May 2004. 

The  Council  is  therefore  asked  to  adopt  the  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 customs procedures (Kyoto Convention).  

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2004/0068 (ACC) 

Proposal for a 

COUNCIL DECISION 

amending Decision 2003/231/EC concerning 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) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
133 in conjunction with Article 300(2), first subparagraph, first sentence thereof, 

Having regard to the proposal from the Commission,1 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Council Decision 2003/231/EC2 authorises the Community’s accession to the Protocol 
the  simplification  and 
of  Amendment 
harmonisation of customs procedures, with the exception of Appendix III. 

the  International  Convention  on 

to 

Decision  2003/231/EC  provides  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.  

There is a possibility that some Member States may not have completed their national 
ratification procedures by 30 April 2004. 

The Czech Republic, Latvia and Slovakia, which will be joining the European Union 
on 1 May 2004 in accordance with the 2003 Accession Treaty, have already deposited 
with  the  Secretary-General  of  the  Customs  Cooperation  Council  their  instruments  of 
accession  to  the  Protocol  of  Amendment  to  the  International  Convention  on  the 
simplification and harmonisation of customs procedures, including Appendices I and 
II. 

It is necessary to avoid a legal situation in which some Member States are members of 
an international convention to which the Community has not yet acceded, although the 
majority  of  the  convention’s  provisions  fall  with  the  exclusive  competence  of  the 
Community. 

(6) 

Decision 2003/231/EC should therefore be amended accordingly, 

1 
2 

OJ C , , p. . 
OJ L 86, 3.4.2003, p. 21. 

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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 completed 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 

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