26.8.2004

EN

Official Journal of the European Union

L 277/187

(1)

Article 128 of the EEA Agreement stipulates that any European State becoming a member of the Community shall apply to become a Party to the EEA Agreement, and that the terms and conditions for such participation shall be subject to an agreement between the Contracting Parties and the applicant State.

(2)

Following successful conclusion of the enlargement negotiations, the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (New Contracting Parties) submitted applications to become parties to the EEA Agreement.

(3)

The Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European Economic Area (EEA Enlargement Agreement) was signed on 14 October 2003 in Luxemburg.

(4)

Pursuant to Article 1(2) of the EEA Enlargement Agreement, the provisions of the EEA Agreement, as amended by the Decisions of the EEA Joint Committee adopted before 1 November 2002, shall, as from the entry into force of the EEA Enlargement Agreement, be binding on the New Contracting Parties under the same conditions as on the present Contracting Parties and under the terms and conditions laid down in the EEA Enlargement Agreement.

(5)

Since 1 November 2002, a number of EC acts have been incorporated into the EEA Agreement through Decisions of the EEA Joint Committee.

(6)

In order to guarantee the homogeneity of the EEA Agreement and the legal security for individuals and economic operators, it needs to be made clear that these EC acts are binding upon the New Contracting Parties as of the entry into force of the EEA Enlargement Agreement.

(7)

The EU Act of Accession of 16 April 2003 grants derogations from and adapts some of the EC acts that have been incorporated into the EEA Agreement through Decisions of the EEA Joint Committee adopted after 1 November 2002.

(8)

Pursuant to Article 3(5) of the EEA Enlargement Agreement, adaptations to acts incorporated into the EEA Agreement prior to the date of entry into force of the EEA Enlargement Agreement made necessary by reason of the New Contracting Parties' participation in the EEA Agreement, which have not been provided for in the EEA Enlargement Agreement, will be addressed in accordance with the procedures laid down in the EEA Agreement.

(9)

Pursuant to Article 4(2) of the EEA Enlargement Agreement, any arrangements of relevance for the EEA Agreement referred to in the EU Act of Accession of 16 April 2003, which are not reflected in Annex B to the EEA Enlargement Agreement, will be addressed in accordance with the procedures laid down in the EEA Agreement.

(10)

The EEA Joint Committee is therefore to incorporate these adaptations and derogations into the EEA Agreement.

(11)

As the EEA Agreement extends the internal market to the EFTA States, it is necessary for the good functioning of the internal market to apply this decision as of the simultaneous entry into force of the EU Accession Treaty and the EEA Enlargement Agreement.

(12)

As the EEA Enlargement Agreement has not yet entered into force, but is applicable on a provisional basis, this Decision will, pending the entry into force of the EEA Enlargement Agreement, apply provisionally as well,