Council and Commission Decision

of 18 April 2005

on the conclusion of the Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

(2005/430/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of Article 300(2), first subparagraph and the second subparagraph of Article 300(3) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (hereinafter referred to as the new Member States) to the European Union, and in particular Article 6(2) of the Act concerning the conditions of accession annexed to that Treaty,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament1,

Whereas:

(1)
The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part2 (hereinafter referred to as the Europe Agreement), entered into force on 1 February 1995.
(2)

The Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (hereinafter referred to as Treaty of Accession) entered into force on 1 May 2004.

(3)

An Additional Protocol to the Europe Agreement is necessary to take account of the accession of the 10 new Member States.

(4)

Consultations on this Additional Protocol have taken place in accordance with Article 28(2) of the Europe Agreement, so as to ensure that account is taken of the mutual interests of the Community and Bulgaria.

(5)
The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission3.
(6)

The Additional Protocol should therefore be approved,

HAVE DECIDED AS FOLLOWS:

Article 1

The Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Pola nd, the Republic of Slovenia, and the Slovak Republic to the European Union is hereby approved.

The text of the Additional Protocol is attached to this Decision.

Article 2

The Commission shall adopt detailed rules for the implementation of the Additional Protocol in accordance with the procedure referred to in Article 4(2).

Article 3

1.

The order numbers as attributed to the tariff quotas in the Annex to this Decision may be changed by the Commission in accordance with the procedure referred to in Article 4(2). Tariff quotas with an order number above 09.5100 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code4.

2.

Quantities of goods subject to tariff quotas and released for free circulation as from 1 July 2004 under the concessions provided for in Annex A(b) of the Protocol approved under Decision 2003/286/EC5 shall be fully counted against the quantities provided for in the fourth column in Annex A(b) to the Additional Protocol attached to this Decision, except for quantities for which import licences were issued before 1 July 2004.

Article 4

1.

The Commission shall be assisted by the Management Committee for Sugar as set up by Article 42 of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector6 or, where appropriate, by the committee set up by the relevant provisions of the other Regulations on the common organisation of agricultural markets.

2.

Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

3.

The Committee shall adopt its Rules of Procedure.

Article 5

The President of the Council is hereby authorised to designate the person empowered to sign the Additional Protocol on behalf of the European Community.

Article 6

The President of the Council shall, on behalf of the European Community and its Member States, give the notification provided for in Article 9 of the Additional Protocol. The President of the Commission shall give such notification on behalf of the European Atomic Energy Community.

ANNEXOrder numbers for EU tariff quotas for products originating in Bulgaria(as referred to in Article 3)

Quota Order No

CN code

Description

09.4783

0102 90 05

0102 90 21

0102 90 29

0102 90 41

0102 90 49

Live bovine animals

09.4651

0201

0202

Meat of bovines, fresh, chilled or frozen

09.4671

ex 0203

Meat of domestic swine, fresh, chilled or frozen

0210 11

0210 12

0210 19

Meat of swine, salted, in brine, dried or smoked

1601 00

Sausages and similar products

1602 41

1602 42

1602 49

Prepared and preserved meat, meat offal or blood of swine

09.5854

ex 0207

Meat and edible offal, of the poultry of heading 0105, excluding 0207 27 91, 0207 35 91, 0207 36 89

09.4773

0402 10

0402 21

Milk and cream, in powder or other solid forms

09.4675

0403 10 11

Yoghurt, not flavoured nor containing added fruits, nuts or cocoa

0403 10 13

0403 10 19

0403 10 31

0403 10 33

0403 10 39

Other, not flavoured nor containing added fruits, nuts or cocoa

09.4660

0406

Cheese and curd

09.5891

0407 00 30

Eggs of poultry, in shell, not for hatching

09.6225

0702 00 00

Tomatoes

09.5938

ex 0707 00 05

Cucumbers

  • for processing

09.6231

ex 0707 00 05

Cucumbers, fresh or chilled

  • other than for processing

09.4725

0711 51 00

2003 10 20

2003 10 30

Mushroom of the genus Agaricus

09.6247

0808 10

Apples, other than cider apples

09.4676

1001

1109 00 00

Wheat and meslin

Wheat gluten

09.5893

1002 00 00

Rye

1102 10 00

Rye flour

1103 19 10

Rye groats and meal

1003 20 10

Rye pellets

09.5894

1003 00

Barley

1102 90 10

Barley flour

1103 19 30

Barley groats and meal

1103 20 20

Barley pellets

09.5895

1004 00 00

Oats

1102 90 30

Oats flour

1103 19 40

Groats and meal of oats

1103 20 30

Pellets of oats

09.4677

1005 10 90

1005 90 00

Maize

09.5941

1006 30

Rice, semi-milled or wholly milled

09.6277

1602 32

1602 39

Prepared or preserved meat of poultry

09.4784

1602 50

Other prepared or preserved meat, meat offal or blood, of bovine animals

F109.5902

1701

Sugar

1702

Other sugars