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 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 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 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 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 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.

Done at Luxembourg, 18 April 2005.

For the Council

The President

J. Krecké

For the Commission

The President

J. M. Barroso

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

[2] OJ L 358, 31.12.1994, p. 3, as amended.

[3] OJ L 184, 17.7.1999, p. 23.

[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).

[6] OJ L 178, 30.6.2001, p. 1.

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ANNEX

Order numbers for EU tariff quotas for products originating in Bulgaria

(as referred to in Article 3)

Quota Order No | CN code | Description |

09.4783 | 0102900501029021010290290102904101029049 | Live bovine animals |

09.4651 | 02010202 | Meat of bovines, fresh, chilled or frozen |

09.4671 | ex0203 | Meat of domestic swine, fresh, chilled or frozen |

021011021012021019 | Meat of swine, salted, in brine, dried or smoked |

160100 | Sausages and similar products |

160241160242160249 | Prepared and preserved meat, meat offal or blood of swine |

09.5854 | ex0207 | Meat and edible offal, of the poultry of heading 0105, excluding 0207 27 91, 0207 35 91, 0207 36 89 |

09.4773 | 040210040221 | Milk and cream, in powder or other solid forms |

09.4675 | 04031011 | Yoghurt, not flavoured nor containing added fruits, nuts or cocoa |

0403101304031019040310310403103304031039 | Other, not flavoured nor containing added fruits, nuts or cocoa |

09.4660 | 0406 | Cheese and curd |

09.5891 | 04070030 | Eggs of poultry, in shell, not for hatching |

09.6225 | 07020000 | Tomatoes |

09.5938 | ex07070005 | Cucumbers for processing |

09.6231 | ex07070005 | Cucumbers, fresh or chilled other than for processing |

09.4725 | 071151002003102020031030 | Mushroom of the genus Agaricus |

09.6247 | 080810 | Apples, other than cider apples |

09.4676 | 100111090000 | Wheat and meslinWheat gluten |

09.5893 | 10020000 | Rye |

11021000 | Rye flour |

11031910 | Rye groats and meal |

10032010 | Rye pellets |

09.5894 | 100300 | Barley |

11029010 | Barley flour |

11031930 | Barley groats and meal |

11032020 | Barley pellets |

09.5895 | 10040000 | Oats |

11029030 | Oats flour |

11031940 | Groats and meal of oats |

11032030 | Pellets of oats |

09.4677 | 1005109010059000 | Maize |

09.5941 | 100630 | Rice, semi-milled or wholly milled |

09.6277 | 160232160239 | Prepared or preserved meat of poultry |

09.4784 | 160250 | Other prepared or preserved meat, meat offal or blood, of bovine animals |

09.4785 | 1701 | Sugar |

1702 | Other sugars |

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