CELEX: 21982A1209(02)
Language: en
Date: 1982-11-15 00:00:00
Title: Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Finland on the interconnection of the Community network for data transmission (Euronet) and the Finnish national data network #

No L 345 / 18                           Official Journal of the European Communities                            6 . 12 . 82
                                                          AGREEMENT
              in the form of an exchange of letters between the European Economic Community and the
              Republic of Finland on the interconnection of the Community network for data transmission
                                       ( Euronet) and the Finnish national data network
                                                      A. Letter from Finland
                                                                                               Brussels ,
             Sir ,
             Over the past few years, considerable efforts have been made in Europe , especially by the
             European Communities , both in the field of data transmission by packet-switching and in the
             field of scientific and technical information and documentation , notably :
             — the resolution of the Council of the European Communities of 14 January 1974 on an
                   initial outline programme of the European Communities in the field of science and
                    technology in which the Council stressed that third countries , especially European
                   countries , should be given the opportunity of taking part in the project concerned whenever
                    is was found necessary or desirable ,
             — the Decisions of the Council of the European Communities of 18 March 1975 , 9 October
                   1978 and 27 July 1981 adopting three-year action plans on scientific and technical
                   information and documentation and providing for the setting up of a telecommunications
                   network ( Euronet ) to provide Community users with reliable , rapid and economic
                   access to the scientific, technical , economic and social documentation and data available ,
                   by means of the direct information access network for Europe ( Diane ),
             — the decision of the telecommunications administrations of the Member States of the
                   Community through a multilateral Convention ( hereinafter called 'the Convention') signed
                   on 11 December 1975 , to set up and run Euronet and to instruct France to conclude a
                   contract to this effect with the Community (hereinafter called 'the Contract'), which was
                   signed on 15 December 1975 ,
             — the Decision of the Council of the European Communities of 27 July 1981 adopting a third
                   plan of action in the field of information and documentation ( 1981 to 1983 ) and providing
                   the possibility for the Community to conclude Cooperation Agreements with third
                   countries participating in the European Conference of Postal and Telecommunications
                   Administrations ( CEPT ),
            — the conclusion of an Agreement in the form of an exchange of letters dated 28 September
                   1979 between the Community and the Swiss Confederation on the extension of the
                   Community network for data transmission ( Euronet), and of the Cooperation Agreement
                   signed on 18 December 1981 , between the Community and the Kingdom of Sweden on the
                   interconnection of the Community network for data transmission ( Euronet ) and the
                   Swedish data network for information retrieval purposes , and of the Trilateral Protocol
                   signed on 18 December 1981 on the purport of the Agreements for data network
                   cooperation concluded by the European Economic Community with , on the one hand , the
                   Swiss Confederation and , on the other hand , the Kingdom of Sweden .
             Taking account of the above and of the participation of Finland in the CEPT , representatives of
            the Government of Finland and of the Commission met on several occasions after 20 March
             1 981 to study the interconnection between Euronet and the Finnish national data network so as
            to give Finnish users access to information services available through Euronet-Diane and to
            give Euronet-Diane users access to information services in Finland. A further aim of the
 ---pagebreak--- 6 . 12 . 82                          Official Journal of the European Communities                            No L 345 / 19
            meetings was to carry out a joint analysis of the arrangements which would provide the
            information services in Finland , in the Community , in Switzerland and in Sweden , with access ,
            on a reciprocal basis , to the information markets in the countries involved .
            For the purpose of this cooperation , I have the honour to make the following proposals :
            1.     Euronet will be interconnected with the Finnish national data network under an
            agreement between the General Directorate of Posts and Telecommunications in Finland
            (Posti-ja Telehallitus), hereinafter called 'the Finnish PTT administration' and the telecom­
            munications administrations , parties to the Convention . This interconnection shall take place
            under the conditions laid down for the entire network , taking into account the Convention , the
            Contract , the addenda thereto and the new addendum to the Contract which will be concluded
            between the Community and France with a view to Finnish participation .
            2.     The Finnish PTT administration and the telecommunications administrations in the
            Community shall settle jointly the technical questions relating to the connection of the
            terminals and hosts , and the financial problems arising from the interconnection between
            Euronet and the Finnish national data network .
            3.     The terminals installed in Finland or in the Community shall be guaranteed , in a
            non-discriminatory manner and on a reciprocal basis , connection and access to Euronet-Diane
            and to the Finnish national data network respectively within the framework of the international
            and national regulations in force .
            4.     The hosts located in Finland or in the Community shall be guaranteed , in a
            non-discriminatory manner and on a reciprocal basis , the possibility of connection to
            Euronet-Diane and to the Finnish national data network respectively within the framework of
            the international and national regulations in force .
            5.     Each Party shall endeavour, in a spirit of healthy and fair competition and with the aim of
            safeguarding the interests of the users and ensuring efficient and economic operation , to
            enforce the observance by the hosts connected to Euronet-Diane and to the Finnish national
            data network respectively of a code of conduct as closely as possible in line with the joint
            declaration of intent given in the Annex .
            6.     The Community shall use its best endeavours to facilitate the participation of Finnish
            host computer operators in the meetings of the European Host Operators Group as well as the
            participation of Finnish users in the Euronet-Diane User Forum .
            7.     The right of the Finnish PTT administration to use the Finnish national data network for
            traffic independent of Euronet is not affected .
            8.     Finnish experts may participate as equal partners in work to develop additional technical
            specifications , to establish new general provisions for Euronet-Diane and to train users .
            9.     The Parties shall take all appropriate measures to arrive at a joint solution to the
            problems relating to the setting up , management and possible development of Euronet not
            covered by points 1 and 2 . The Parties shall hold consultations through diplomatic channels for
            this purpose .
            10 .     Any extension of Euronet to States not members of the Community shall be subject to
            prior consultation between the Parties in particular as regards the consequences of such
            extension both for the relations between Finland and the Community and for those that the two
            Parties will have with the States in question .
            11 .     Each Party will be free to connect to its network other networks , host computers and
            users situated outside Finland and the Community . Further connection of such extensions to
            the network of the other Party requires prior agreement between the Parties and , where
            appropriate , consent by the telecommunications administrations involved .
 ---pagebreak--- No L 345 / 20                         Official Journal of the European Communities                                6 . 12 . 82
             12 .    The Parties shall inform each other regularly on the progress of the cooperation . In
             particular , they shall exchange , as far in advance as possible , all relevant information relating
             to projects to connect hosts and data bases or banks . Such exchanges of information shall be
             made through diplomatic channels .
             13.     The cooperation provided for shall lapse on 3 1 December 1983 , but may be terminated
             before that date by either Party subject to one year's notice .
             14 .    This exchange of letters shall apply , on the one hand , to the territories in which the
             Treaty establishing the European Economic Community is applied and under the conditions
             laid down in that Treaty and , on the other hand , to the territory of Finland .
             If you are able to confirm in writing your agreement to the aforesaid , the two Parties will
             consider this exchange of letters as a statement of their aims and of the forms of their
             cooperation concerning Euronet-Diane . This exchange of letters will enter into force on the
             date on which your reply is signed .
             Please accept , Sir , the assurance of my highest consideration .
                                                                             For the Government of the
                                                                                  Republic of Finland
 ---pagebreak--- 6 . 12 . 82                           Official Journal of the European Communities                                  No L 345 / 21
            Joint declaration of intent concerning the operation of host computers to be connected to
                                    Euronet-Diane, feferred to in point 5 of this letter
            1.      The host alone shall be responsible for the operation of its services via the network .
            2.       The host shall not make distinctions based on nationality between the users of
            Euronet-Diane . If existing contracts or international agreements contain discriminatory
            provisions , the host shall notify the competent authorities in its country and endeavour to have
            the provisions amended .
             3.      The host shall abstain from all unfair competition . If necessary , it may be invited , by the
             competent authorities in its country and within the framework of the national provisions in
             force, to provide explanations on this subject .
            4.      The host shall observe the principle of maintaining at the lowest possible level the fees
            relating to scientific and technical information ( 1ST ) services . It shall apply this principle as far
            as possible in its tariff policy .
            5.       The host shall endeavour to contribute towards a gradual harmonization of services , in
            particular by means of:
            — the application , to its formation retrieval system , of the standardized instructions given in
                  the 'Euronet Guidelines : standard commands for information retrieval systems',
            — the gradual harmonization of the general conditions of sale , which will be undertaken
                  jointly ,
            — the gradual rationalization of instruction manuals ,
            — the simplification of access methods for users and of invoicing.
             6.      The host shall examine the possibility of cooperating in the preparation of measures to
             market its services efficiently at Euronet-Diane level and to train the users of these
             services .
             7.      In order to achieve the appropriate level of cooperation within Euronet-Diane , the host
             may take part in the work of a committee which will meet at regular intervals , express its
             opinion in all questions relating to the network and assist in the preparation of appropriate
             recommendations to the competent authorities . Each host shall bear the costs of its
             representation at such meetings .
             8.      The host shall designate to the competent authorities in its country its representative on
             this committee within three months following the conclusion of the agreement required for its
             connection to Euronet-Diane . Within the same period , it may also designate a person
             responsible for all other questions relating to Euronet-Diane and specify his powers .
             9.      Within the same period , the host shall provide the competent authorities in its country
            with a provisional description of the data bases and related services which it intends to offer .
            This description should follow as closely as possible the example shown in the 'Euronet
            Guidelines for cooperation between data base suppliers and host organizations'. In particular,
             the description shall cover in detail the data bases , the services which they offer and the tariffs
             applicable . The competent authorities should be provided with a definitive description of these
             services no later than three months before the commencement of operation .
             10 .     The host shall do everything in its power to announce three months in advance any
             major changes to the services described and to inform the competent authorities in its country
             of such changes .
 ---pagebreak--- No L 345 / 22                          Official Journal of the European Communities                          6 . 12 . 82
             11 .   The host shall inform the competent authorities in Finland if it intends to use its
             Euronet-Diane link for purposes other than scientific and technical information .
             12 .   In order to permit the competent authorities to adapt the network to requirements , the
             host shall provide the competent authorities at least once a year with statistics on the use of
             Euronet-Diane via its services , including traffic statistics , number of subscribers , etc .
                                                B. Letter from the Community
                                                                                              Brussels ,
             Sir ,
             I have the honour to acknowledge receipt of your letter of today's date concerning the
             interconnection of the Community data transmission network ( Euronet) and the Finnish
             national data network .
             I am able to confirm the agreement of the European Economic Community to the contents of
             your letter, including the joint declaration of intent annexed thereto .
             Please accept , Sir , the assurance of my highest consideration .
                                                                               On behalf of the Council
                                                                            of the European Communities