Commission Decision
of 18 March 2004
adapting Decision 2001/881/EC as regards additions and deletions to the list of border inspection posts in view of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
(notified under document number C(2004) 823)
(Text with EEA relevance)
(2004/273/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to the Treaty of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Article 2(3) thereof,
Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia(1), and in particular Article 57 thereof,
Whereas:
(1) For certain acts adopted by the Commission, which remain valid beyond 1 May 2004, and require adaptation by reason of accession, the necessary adaptations were not provided for in the Act of Accession, in particular in its Annex II. These additional adaptations need to be adopted before accession so as to be applicable as from accession.
(2) The process of enlargement will result in significant movement and change of the land border of the new Community with neighbouring third countries, with the extension of the coastal border to include more sea coast of the Baltic and Mediterranean seas, and with the addition of several international airports.
(3) At the same time as a result of accession the single market will expand to cover much of central Europe, and certain Member States, notably Austria, Germany, and Italy will cease to be the Eastern border of the Community with third countries, and certain of the existing land border inspection posts in these Member States will cease to function as such.
(4) The proposed locations put forward as border inspection posts with third countries in the new Member States have been the subject of inspection by the Commission and also by representatives of the Member States and it is considered that certain of these locations will be completed to EU requirements by accession.
(5) The published list of approved border inspection posts must be adapted to take account of this changing situation and a list of border inspection posts in new Member States must be added to those set down in Commission Decision 2001/881/EC(2) as last amended by Commission Decision 2003/831/EC(3).
(6) The lists of border inspection posts in Austria, Germany and Italy must be amended to reflect the loss of the function of certain of the land posts in these Member States.
(7) The list of new border inspection posts may be supplemented at a later date with additional posts in the new Member States as the facilities are completed and all necessary guarantees are provided,
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Commission Decision 2001/881/EC is complemented with the list of border inspection posts in Annex I.
Article 2
The list of border inspection posts mentioned in Article 1 will be reviewed by 1 May 2004 in particular in order to add new border inspection posts which will be ready by accession, or to delete any border inspection posts where the result of the monitoring of transposition of the EU acquis is not satisfactory.
Article 3
The border inspection posts in Annex II are deleted from the entries for Austria, Germany and Italy in the Annex to Commission Decision 2001/881/EC.
Article 4
This decision shall apply subject to and as from the date of entry into force of the 2003 Treaty of Accession.
Article 5
This Decision is addressed to the Member States.
Done at Brussels, 18 March 2004.