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10.2.2011 Official
Journal
of
the
European
Union
L
36/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 18 January 2011
on the signing, on behalf of the European Union, and provisional application of the Protocol
extending to customs security measures the Agreement in the form of an Exchange of Letters
between the European Economic Community and the Principality of Andorra
(2011/90/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(5) In
order
to
ensure
such
provisional
application
of
the
Protocol, this Decision should apply from 1 January
2011,
Having regard to the Treaty on the Functioning of the European
Union, and in particular the first subparagraph of
Article 207(4), in conjunction with Article 218(5) thereof,
HAS ADOPTED THIS DECISION:
Having regard to the proposal from the European Commission,
Article 1
Whereas:
The signing of the Protocol extending to customs security
measures the Agreement in the form of an Exchange of
Letters between the European Economic Community and the
(1) On
16
February
2009,
the
Council
authorised
the Principality of Andorra (hereinafter ‘the Protocol’) is hereby
Commission to open negotiations with the Principality
approved on behalf of the Union subject to conclusion of the
of Andorra on a Protocol extending to customs security
said Protocol.
measures the Agreement in the form of an Exchange of
Letters between the European Economic Community and
the Principality of Andorra (hereinafter ‘the Protocol’).
The Agreement was concluded on 28 June 1990.
The text of the Protocol is attached to this Decision.
(2) The
Commission
and
the
Principality
of
Andorra
have
completed the negotiations by initialling the Protocol.
Article 2
The President of the Council is hereby authorised to designate
(3) The
Protocol
should
be
signed.
the person(s) empowered to sign the Protocol on behalf of the
Union subject to its conclusion.
(4) Pending
the
completion
of
the
procedures
for
its
conclusion, the Protocol should be applied on a provi
sional basis as from 1 January 2011, which is the date of
Article 3
the last stage of application of the customs security
measures introduced in 2005 and 2006 respectively by
The Protocol shall apply on a provisional basis as from
the amendment of Council Regulation (EEC) No 2913/92
1 January 2011, or from a later date agreed between the
of 12 October 1992 establishing the Community
Union and the Principality of Andorra, in accordance with
Customs Code ( 1 ) and of Commission Regulation (EEC)
Article 3(3) thereof.
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 ( 2 ).
The Commission is hereby authorised to agree, on behalf of the
( 1 ) OJ L 302, 19.10.1992, p. 1.
Union, on such a later date for provisional application of the
( 2 ) OJ L 253, 11.10.1993, p. 1.
Protocol.

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L 36/2
EN
Official Journal of the European Union
10.2.2011
Article 4
If, on the date of implementation of the relevant Union legis
lation referred to in the first paragraph, the Principality of
The position to be taken by the Union in the Joint Committee
Andorra has not adopted the new provisions and the provi
on matters relating to Title IIA of the Agreement in the form of
sional application of those provisions is not possible, the appli
an Exchange of Letters between the European Economic
cation of Title IIA of the Agreement shall be suspended in
Community and the Principality of Andorra ( 1 ) (hereinafter
accordance with Article 12k(2) thereof. The Commission shall
‘the Agreement’) shall be adopted by the Council, acting by
notify the Principality of Andorra of such suspension.
qualified majority on a proposal from the Commission.
Article 6
Article 5
This Decision shall enter into force on the date of its adoption.
In order to ensure the effective application of Article 12i(1) of
It shall apply from 1 January 2011.
the Agreement, the Commission shall notify the Principality of
Andorra of the adoption of new Union legislation which
constitutes a development of the Union law on customs
security measures covered by Article 12b of the Agreement.
Done at Brussels, 18 January 2011.
The Commission is hereby authorised to take the necessary
For the Council
measures provided for in Article 12k of the Agreement in
order to ensure the equivalence of the customs security
The President
measures of the Union and the Principality of Andorra.
MATOLCSY Gy.
( 1 ) OJ L 374, 31.12.1990, p. 14.

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