Proposal for a Council Decision on the conclusion of the Protocol to the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union (96/C 88/01) COM(95) 745 final - 96/009(CNS)

(Submitted by the Commission on 15 January 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 99 and 113 in conjunction with the second sentence of Article 228 (2) and the first indent of Article 228 (3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social Committee,

Whereas it is necessary to approve the Protocol to the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol to the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union is hereby approved on behalf of the European Community. The text of the Protocol is attached to this Decision.

Article 2

The President of the Council shall, on behalf of the Community, give the notification provided for in Article 5 of the Protocol.

PROTOCOL to the Agreement in the form of an exchange of letters between the European Economic Community and the Principality of Andorra consequent on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union

THE EUROPEAN COMMUNITY,

of the one part, and

THE PRINCIPALITY OF ANDORRA,

of the other part,

HAVING REGARD to the Agreement in the form of an exchange of letters between the European Economic Community and the Principality of Andorra signed in Luxembourg on 28 June 1990, hereinafter referred to as the 'Agreement',

WHEREAS the Republic of Austria, the Republic of Finland and the Kingdom of Sweden acceded to the European Union on 1 January 1995,

HAVE DECIDED to determine by common agreement the adjustments and transitional measures which need to be incorporated into the Agreement as a consequence of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, and to this end have designated as their plenipotentiaries:

THE COUNCIL OF THE EUROPEAN UNION:

THE GOVERNMENT OF THE PRINCIPALITY OF ANDORRA:

WHO, having exchanged their full powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

Article 1

The Finnish and Swedish texts of the Agreement, including the Annexes and Protocols which are an integral part of that Agreement and the declarations attached to the Final Act, shall be authentic in the same manner as the original texts. The Joint Committee shall approve the Finnish and Swedish versions.

Article 2

Until 1 January 1996 the Republic of Austria may continue to apply to the Principality of Andorra the customs duties and licensing arrangements which were applicable at the time of accession to spirituous beverages and undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol falling under Harmonized System heading 22.08. All such licensing arrangements must be applied in a non-discriminatory manner.

Article 3

The amendments contained in the Annex hereto shall be incorporated into the Protocol concerning the definition of the concept of 'originating products' and methods of administrative cooperation.

Article 4

This Protocol shall form an integral part of the Agreement.

Article 5

This Protocol shall be subject to approval in accordance with the Contracting Parties' own procedures. It shall enter into force on the first day of the month following notification by the Contracting Parties that they have completed those procedures.

Article 6

This Protocol is drawn up in duplicate in the Catalan, Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic.

ANNEX

Amendment to the Protocol concerning the definition of the concept of 'originating products' and methods of administrative cooperation

The following is added to Article 3 (4):

'ANNETTU JÄLKIKÄTEEN'

'UTFÄRDAT I EFTERHAND'

The following is added to Article 3 (5):

'KAKSOISKAPPALE'

'DUPLIKAT'