CELEX: 51979PC0284
Language: en
Date: 1979-05-29
Title: Proposal for a COUNCIL DECISION concerning the conclusion of an agreement on the extension of the Community network for data transmission (EURONET) to the territory of the Swiss Confederation (submitted to the Council by the Commission)

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COM (79) 284
Vol. 1979/0109
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM ( 79 ) 284 final .
                                                    Brussels / 29 May 1979
                                   Proposal for a
                                  COUNCIL DECISION
          concerning the conclusion of an agreement on the extension
           of the Community network for data transmission ( EURONET )
                    to the territory of the Swiss Confederation
                  ( submitted to the Council by the Commission )
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 COM ( 79 ) 284 final .
 ---pagebreak---                                                                   wm.i
                Communication from the Commission to the Coiancil
 II 1 AgToement between the ESC and Switzerland on the extaneion of the
      iiUhOi^T te le coomunzoations network to tha territory of tha Zslvetiax1
      Confederation
           In its "note veroale" of 8 August 1.977 ? Switzerland expressed the
 desire to sea the Community telecommunications network EOEOBET extended to
 Swiss territorjo
          On 9 October 1978 * the Council adopted the second plan' of aotion in
 tne field of scientific and technical information and documentation, and
provision was made under Article 3 of its Decision for the conclusion of
cooperation agreements between the Community and third countries participating;
in the European Conference of Postal and Telecommunications Administrations ( CSPT).
In principle , such agreements were to be concerned solely with the extension
of EURGNET and ware to determine the conditions for the' connection of the
terminals and host computers of this network and the related technical arrangements®
Exceptionally, the agreements might also he concerned with other aspects of the
plan of action .
          By the same Counoil Decision , the Commission was authorized to negotiate
the oooperation agreements after seeking the opinion of CIDST for this purpose#
          Concurrently with the Decision of 9 October 1978 * i"t was speoified,in
the statement annexed to the Counoil minutes , that during the initial stage of
the action plan, efforts should focus chiefly on implementing and consolidating
EURONET , thereby implying that the extension of EUROUET should not ,- in prinoiple ,
be carried out before EURONET became operational *
 ---pagebreak---                                           - 2 -
         The Scientific and Te chni ce-1 Research Committee ( CREST ) also requested that
once the network had "been eet up priority should "be given to scientific and
technical information and documentation traffic over tr&ffio of all other types *
Outcome of the negotiations
         The agreement will "be concluded in the form of an exchange of letters
ejid the first letter will "be signed "by the Head of the Swiss Mission to the
European Communities in view of the faot that it was Switzerland which requested
participation .,
         The provisions of Article 3 of the Council Decision of 9 October 1978
have "been observed®
         In view of the delivery dates for equipment ( approximately 14 months ),
it will not be possible to extend EURONET to Switzerland until a year after
its inauguration This therefore satisfies the points raised by CREST#
         Switzerland does not intend to conneot data banks or bases to EURONET
for at least three yeara and is therefore , at present , as far as the Community
is concerned , a user - and not a supplier – of data *
         In addition to fulfilling the conditions stated above , the exchange of
letters given in the Annex states that the principle of reciprocity is to apply
in a non-discriminatory manner to the host computers and terminals located in
Switzerland ,,
         The provisions of a " joint declaration of intent " annexed to the
exchange of letters , which forms a code of conduct to safeguard the interests
of users , also apply to Switzerland®
         The agreement also allows for the participation of Swiss experts in
work to d^vrelop additional technical specifications , establish new general
provisione for the network and train users .
 ---pagebreak---                                            - 3 -
          Finally, there are provisions to safeguard the interests ( rights
and obligations ) of Switzerland should other third countries participate in
EURONET ,
          On 8 Maroh, CIDST delivered a unanimous opinion in favour of the
extension of EURONET to the territory of the Helvetian Confederation *
Conclusion
          The Commission requests the Council to adopt the attached draft
Decision on the conclusion of an agreement "by exchange of letters regarding
the extension of the Community telecommunications network EURONET to the
territory of the Helvetian Confederation*
 ---pagebreak---                                                              ANNEX 2
                               Proposal top a
                              COUNCIL DECISION
 concerning the conclusion of an agreement on the extension of the
Community network for data transmission ( EURONET ) to the territory
 of the Swiss Confederation
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community ,
 Having regard to Council Decision 78/ 887/ EEC of 9 October 1978 adopting a
 second three-year plan of action in the field of scientific and technical
                                  1
 information and documentation , and in particular Article 3 thereof .
 Having regard to the proposal from the Commission ,       .
 Whereas the Commission has , pursuant to Article 3 of the above-mentioned
 Decision, negotiated an agreement with a non-member country participating
 in the European Conference of Postal and Telecommunications Administrations
 ( CEPT ) with a view to extending EURONET,
Whereas , therefore , such agreement should be concluded ,
HAS DECIDED AS FOLLOWS :
                                                                      ./.
1 0J No L 311 , 4.11.1978, P.. 1 .
 ---pagebreak---                                 Article 1
An agreement between the Community and Switzerland for the extension of
EURONET to the territory of the Swiss Confederation is hereby concluded
on behalf of the European Economic Community.
The text of the Agreement , in the form of an exchange of letters , is
annexed hereto .
                                Article 2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement and to confer on them the necessary powers
to bind the Community.
Done at                              Date
For the Council ,
The President
 ---pagebreak--- Swiss Mission to th®                                                 ANNEX 3
European Communities
                                                   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 snd in the field of scientific and technical information
and documentation® This is illustrated by the following't given in chronological
orders
- The conclusion , on 23 November 1973 , of the Agreement on the implementation
   of a European information network ( COST 11 project ) between the European
   Atomic Energy Community , the federal Republic of Germany , France , Italy s
   Norway , Portugal , Sweden , Switzerland , the United Kingdom and Yugoslav?. a
   to transmit data using paoket-switohing "technology ?
- The Resolution of the Gouncil of -fcha European Con?.* unities of 14 January 1974
   concerning an initial general progf-sunce of the TSuropean Eoonomio Copimuxiity
    ( hereinafter called the Community ) in the field of science and technology
   in which the Council 8+-reeaed that third countries , ' especially European
   countries , should be given the opportunity of taking part in the project
   concerned whenever it was found necessary or desirable J
- The Decisions of the Council of the European. Communities of 18 Ms-rob. 1573
   and 9 October 1973 adopting three-year action plans on scientific and
   technical information and documentation and providing for the setting up
    of a telecommunications network ( hereinafter called EUB.GNET ) to provide
    ConuLV iity users with reliable , rapid and eoonomio access to the soientific ,
    technical , eoonomio and sooial documentation and data available ;
Î4r . Guiao " runner
Member of       ^ Commission
of the Euro v-- an Communitiea
200 , rue de la Loi
1049 Brus se X&
 ---pagebreak---  – The formation , by "the telecommunications administrations of the Member States
   of the Comaunity, of a consortium by a multilateral convention ( hereinafter
   called the Convention ) signed on 11 December 1975 , to set up and run EUROHET
   and to instruct Prance to conclude a contraot to this effeot with the
   Community (hereinafter called the Contract ), whioh was signed on 15 December 1975
- The Decision of the Council of the European Communities of 9 October 1978
   adopting a second three-year plan of action in the, field of scientific and
   technical information and documentation and providing the possibility for
   the Community to conolude cooperation agreements with third countries
   participating in the European Conference of Postal and Telecommuni cat Ions
   Administrations ( CEPT )«
Taking aocount of the above , representatives of the Federal Council and of
the Commmission met on several occasions between 1 December 1977 and
26 March 1979 "to study the extension of EURONET to Switzerland so as to give
Swiss users access to information servioes in the Community , and Community
users aocess to information services in Switzerland * A further aim of the
meetings was to carry out a joint analysis of the arrangements whioh would
provide the information servioes in Switzerland or the Community with mutual
aocess to the information souroes of both Parties *
For the purpose of achieving this cooperation , I have - the honour of making
the following proposals :
1 « EURONET shall be extended to Swiss territory under an agreement between
    the Swiss PTT administrations and the telecommunications administrations
    represented in the EURONET consortiunu This extension will take pLace under
    the conditions laid down for the whole network, taking into aooount the
    Convention , the Contraot , the addenda thereto and the new addendum to
    the Contract whioh will be oonoluded between the Community and France with
    a view to Swiss participation*
 ---pagebreak---                                     - 3 -
2 . The Swiss PTT undertaking and the tele communi cat ions administrations of
    the Member States of the Community will settle jointly the technical
    questions relating to the connection of the terminals and hosts , and
    the financial problems arising from the extension of EURONET to
    Switzerland .
3 . The terminals installed in Switzerland or in the . Community will be guaranteed ,
    in a n on -discriminatory manner and on a reciprocal basis , connection and
    access to EURONET within the framework of the international and national
    provisions in force®
4 . The hosts located in Switzerland or in the Community will be guaranteed ,
    in a non-disoriminaiDQr manner and on a reciprocal basis , the possibility
    of connection and access to EURONET within the framework of the international
    and national provisions in force .
5 . Each Party shall endeavour , in a spirit of healthy end fair competition
    and with the aim of safeguarding' the interests of the users and ensuring
    the efficient and economic operation of the network , to enforce - under
    the current provisions - the observance by the hosts conneoted to
    EUKONST of a oode of oonduot as closely as possible in line with ths
    joint declaration of intent given in the Annex® Swiss hosts may participate
    in the ELJRONET Host Committee®
6 © The right of the Swiss FT? undertaking to use for third-party traffic all
    EURONET capacity not required for the scientific and technical information
    and documentation network is not- affected , given that ths principle of
    non-discrimination doss not apply to third-party traffic®
7 „ Swiss experts may participate as equal partners in work to develop
    additional technical specifications , establish new general provisions
    for FJRONET and train users .
 ---pagebreak---                                        -4 -
 { 6 . The Parties will take all appropriate measures to arrive at a joint
        solution to the problems relating to the setting up, management and
    . possible extension of EUROHET not covered by 1 and 2 * The Parties
       will hold oonsultations through diplomatic channels for this purpose *
   9 . Should EUROUET "be extended to other states which are members of CEPT,
       relations both between Switzerland and the Comnftinity and those with the
       states in question will be subjeot to prior consultation through diplomatic
       channels *
10 * The possible connection to EUROHET
       – of hosts established in the states which are members of CEPT and to
          whioh the network has not been extended,
       – of hosts established in states whioh are not members of CEPT,
       – of foreign networks ,
       can be effeoted only with the agreement of the Parties and of the
       telecommunications administrations in (question*
11 * The Parties will inform eaoh other regularly on the progress made in
       the aforementioned sphere * In particular , they will exohange , as far
       in advance as possible , all relevant information relating to projeots
       to conneot hosts and data bases or banks * Suoh exohange s of information
       will be made through diplomatic channels *
12 * The oooperation provided for will lapse on 31 December 1983 , but
       may be terminated before that date by either Party subject to one
       year 's notioe *
 ---pagebreak---                                    -5 -
If you are able to confirm in writing your agreement to the aforesaid.,
the two Parties will consider this exchange of letters as & statement
of their aims and. of the forms of their cooperation oonoerning EUROKET *
This exchange of letters will enter into force on the date on whioh
your reply is signed.#
Please accept . Sir . the assurance of my highest consideration *
                                       The Swiss Ambassador
                                       to the European Communities
 ---pagebreak---                                                            Mmlà
Joint declaration of intent on hostSf referred to under point 5 of this
letter, which will be oonneoted to EUROHET
1 * The host alone shall be responsible for the operation of his servioes via
    the network*
2 * The host shall declare that he will not make distinctions based on
    nationality between the users of EUROHET * If existing oontraots or
    international agreements oontain discriminatory provisions , the host will
    notify the oompetent authorities in his oountry and endeavour to have
    the provisions amended*
3 * The host shall deolare that he will abstain from all unfair competition *
    If necessary, he may be invited to provide explanations on this subject
    by the oompetent authorities in his own country within the framework of
    the national provisions in force *
4 * The host will observe the prinoiple of maintaining at the lowest possible
    level the fees relating to soientifio and teohnieal information (1ST )
    services * He will apply this prinoiple as far as possible in his tariff
    polioy *
5 * The host shall deolare that he will participate in efforts towards a
    gradual harmonization of services * In particular , he will examine i
    - the application , to his information retrieval system, of the
      standardized instructions given in the "EURONET Guidelines :
      standard commands for information retrieval systems" f
    – the gradual harmonization of the general oonditions of sale , whioh
      will be undertaken jointly :
 ---pagebreak---                                        - 2 -
     - the gradual rationalisation of instruction manuals ;
     - the simplification of access methods for users and of invoioing „
 6® The host will examine the possibility cf cooperating in the preparation
     of measures to market hie services efficiently at EURGNET level and to
     train the users of these services#
 7 . In order to achieve the appropriate level cf cooperation within EUEONET ,
     the host may take part in the work of a committee which will meet at
     regular intervals , express his opinion on all questions relating to tha
     network and assist in the preparation of appropriate re ccptnendations to
     the competent authorities of the states participating in EURGNET * Each
     host will bear the costs of his representation at such meetings#
 8® The host will designate - to the competent authorities in his co'ontry
     his representative on this committee within three months following the
     conclusion of the agreement required for his connection to EURGNET o
     Within the same period , he may also designs, ta a person responsible for
     all other questions relating to EURGNET and specify his powers *
 9® Within the same parxod the host will provide the competent authorities
     in his country with a provisional description of the data bases and
     related services which he intends to offer * This description should
     follow as closely as possible the example shown in the "EURGNET Guidelines
     for cooperation between data base suppliers and host organi zations " e
     In particular -, the description will cover in detail the d.ata 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 th® commencement of operation®
10 » The host shall do everything in his power to announce three months in
     advance any major ohanges to the services described and to inform the
     oompstent authorities in his country of suoh ohanges#
 ---pagebreak---                                      - 3 -
-11 • The host shall inform the competent authority in his country if
      he intends to use his EURQHET link for purposes other than soientifio
      and technioal information *
 12 • In order to permit the oompetent authority to adapt the network to
      requirements , the host shall provide the oompetent authority at least
      onoe a year with statistios on the use of EURONET via his servioes t
      including traffio statistios . number of subscribers . eto «
                                                       *
 ---pagebreak---                                                              Doc . CIDST/405/79 final
      Secretariat
         CIDST                                               ANNEX
                              ' Opinion of CIDST
                                of 8 March 1979
Extension of EURONET to the territory of the Helvetian Confederation
        The Committee for Information and Documentation on Science and
Technology ( CIDST ) having examined dooilments n° CIDST/337/77 J 394/78
and 400/78 prepared "by the Commission, and discussed, at its 24"fch, 25"th,26th ,
27th and 28th meetings , the matter of the extension of EURONET to
third countries ,
        Having adopted an opinion at its 27"th meeting (doc.. CIDST 396/78 final
of 24.11.78 ) in which it notably " recommends that the Commission resume
the negotiations with the Swiss authorities with a view to the extension
of EURONET to Switzerland , in aooordance with the Council deoision of
9th October 1978 ",
        Having "been invited "by the Commission , in accordance with Annex II ,
point 3 c ) of the above-mentioned Council decision , to give an opinion
on the conditions of an agreement for the extension of the Community
network for data telecommunications (EURONET ) to the territory of the
Helvetian Confederation ,
        Notes that the proposed agreement corresponds to the conditions
laid down in article 3 of the Council deoision of 9"th October 1978 »
        Recommends that the Commission implement them by means of an
exchange of letters with the appropriate Swiss authorities ,
        VIishe8 to be kept regularly informed of the implementation of
the agreement with the Helvetian Confederation.
        The Secretary of the CIDST is asked to transmit this opinion to the
Commission and to CREST, and to address a copy to the Counoil .