CELEX: 52004PC0209
Language: en
Date: 2004-03-30
Title: 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)

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
 ---pagebreak---                            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).
                                               2
 ---pagebreak---                                                         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)     Council Decision 2003/231/EC2 authorises the Community’s accession to the Protocol
        of Amendment to the International Convention on the simplification and
        harmonisation of customs procedures, with the exception of Appendix III.
(2)     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.
(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 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.
(5)     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
        OJ C , , p. .
2
        OJ L 86, 3.4.2003, p. 21.
                                                  3
 ---pagebreak--- 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
                                               4