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 Parliament(1),

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 part(2) (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 Commission(3).

(6) The Additional Protocol should therefore be approved,

HAVE DECIDED AS FOLLOWS:

Article 1U.K.

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 2U.K.

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 3U.K.

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 Code(4).

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/EC(5) 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 4U.K.

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 sector(6) 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 5U.K.

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 6U.K.

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.

ANNEXU.K.Order numbers for EU tariff quotas for products originating in Bulgaria(as referred to in Article 3)

Quota Order NoCN codeDescription
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
09.4671ex 0203Meat of domestic swine, fresh, chilled or frozen

0210 11

0210 12

0210 19

Meat of swine, salted, in brine, dried or smoked
1601 00Sausages and similar products

1602 41

1602 42

1602 49

Prepared and preserved meat, meat offal or blood of swine
09.5854ex 0207Meat 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
09.46750403 10 11Yoghurt, 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
09.46600406Cheese and curd
09.58910407 00 30Eggs of poultry, in shell, not for hatching
09.62250702 00 00Tomatoes
09.5938ex 0707 00 05

Cucumbers

  • for processing

09.6231ex 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
09.62470808 10Apples, other than cider apples
09.4676

1001

1109 00 00

Wheat and meslin

Wheat gluten

09.58931002 00 00Rye
1102 10 00Rye flour
1103 19 10Rye groats and meal
1003 20 10Rye pellets
09.58941003 00Barley
1102 90 10Barley flour
1103 19 30Barley groats and meal
1103 20 20Barley pellets
09.58951004 00 00Oats
1102 90 30Oats flour
1103 19 40Groats and meal of oats
1103 20 30Pellets of oats
09.4677

1005 10 90

1005 90 00

Maize
09.59411006 30Rice, semi-milled or wholly milled
09.6277

1602 32

1602 39

Prepared or preserved meat of poultry
09.47841602 50Other prepared or preserved meat, meat offal or blood, of bovine animals
[F109.5902 1701 Sugar
1702 Other sugars]
(1)

Assent delivered on 22 February 2005 (not yet published in the Official Journal).

(4)

OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

(5)

Council Decision 2003/286/EC of 8 April 2003 on the conclusion of a Protocol adjusting the trade aspects of 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 outcome of negotiations between the Parties on new mutual agricultural concessions (OJ L 102, 24.4.2003, p. 60).