EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 22.10.2004 
COM(2004) 697 final 
. 
Proposal for a 
COUNCIL DECISION 
amending Council Decision 2001/855/EC of 15 Novmber 2001 in order to take account of 
certain treaties 
and trade agreements concluded with third countries by new Member States prior to 
their accession to the European Union 
. 
(presented by the Commission) 
 
EN 2   EN EXPLANATORY MEMORANDUM  
The Council is hereby invited to authorise th e Czech Republic, the Republic of Estonia, 
the Republic of Cyprus, the Republic of Hunga ry, the Republic of Latvia, the Republic of 
Lithuania, the Republic of Poland and the Republic  of Slovenia to maintain in force certain 
trade-related agreements afte r their accession to the EU. 
1- Legal basis 
Council Decision 69/494/EEC of 16 December 1969 on the progressive standardisation of 
agreements concerning commercial relations be tween Member States and third countries 
allows Member States to request an authorisat ion for the continuation in force of provisions 
governing matters covered by th e common commercial policy. 
Authorisation may be granted wh en the matters covered by the bilateral agreements are not 
the subject of Community agreements. Moreover , the provisions of the bilateral agreements 
must not constitute an obstacle to the impl ementation of the common commercial policy. 
Member States must be willing to adapt and if  necessary terminate the bilateral agreements; 
the agreements must therefore contain shor t (3-12 months) denunciation clauses. The 
authorisation is granted for a peri od of four years. It was last granted to the 15 Member States 
on 15 November 2001 by Council Decision 2001/855/EC. 
2- Scope of the exercise 
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 were requested to 
ensure that all their interna tional agreements incompatible with their EU membership 
obligations were denounced or renegotiated by th e time of their accession to the EU (article 
6.10 of the Act of Accession). This commitme nt was translated into action by the new 
Member States. 
However, before their accession to the EU, ei ght acceding countries (the Czech Republic, the 
Republic of Estonia, the Repub lic of Cyprus, the Republic of  Hungary, the Republic of 
Latvia, the Republic of Lithuani a, the Republic of Poland and th e Republic of Slovenia) have 
notified the Commission of their intention to request the prolongation of certa in agreements in 
accordance with the provisions of Council Decision 69/494/EEC. 
The Commission has analysed these requests. Out of the 44 agreements concerned, 17 should 
be authorised to remain in force. Six notifica tions were found to be irrelevant in the present 
exercise. However, 21 agreements were found not to meet one or several of the above-
mentioned conditions. Consequently, these agreements should not be allowed to remain in force. 
Due to delays in the procedure and in receiving  certain acceding countr ies’ notifications, the 
present proposal could not be elaborated be fore 1 May 2004. In th e period between 1 May 
2004 and the adoption by the Council of the attached proposal, the rights of third countries are 
safeguarded under Article 307 of the Treaty. 
 
EN 3   EN 3- Result of consultations 
Consultations were held with the new Member  States concerned which so requested. These 
consultations were instrumental in clarifying whether the bilateral agreements whose maintenance in force after accession to the EU was requested contained provisions relating to 
the EU’s common commercial policy, and whether these provisions could constitute an obstacle to that policy. The ne w Member States concerned also  provided information on their 
contacts with the co-contracting countries to bring the agreements in conformity with the 
acquis communautaire. 
4- Duration of the proposed authorisation 
It is proposed that, in accord ance with Article 3 of Council Decision 69/494/EEC, and in 
order to harmonise the duration of validity  of agreements prolonged under the present 
Decision, with those listed under Council D ecision 2001/855/EC, the authorisation to 
maintain in force the 17 agreements is onl y granted until 30 April 2005. The authorisation 
may be renewed for four years on 1 May 2005 for the agreements of the 25 Member States meeting the criteria set out in Council Decision 69/494/EEC, should the necessary conditions still be met. 
5- Procedure 
The Council is invited to adopt  the attached proposal for a Council Decision  amending the 
annex to Council Decision 2001/855/EC. 
 
EN 4   EN Proposal for a 
COUNCIL DECISION 
amending Council Decision 2001/855/EC of 15 November 2001 in order to take account 
of certain treaties 
and trade agreements concluded with third countries by new Member States prior to 
their accession to the European Union 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Community,  
Having regard to Council Decision 69/494/EEC  of 16 December 1969 on the progressive 
standardisation of agreements concerning commercial relations between Member States and third countries and on the negot iation of Community agreements
1, and in particular Article 3 
thereof,  
Having regard to the proposal from the Commission,2 
Whereas: (1) The automatic renewal or continuation in force of certain provisions governing matters 
covered by the common commercial policy contained in the friendship, trade and 
navigation treaties and trade agreements concluded between the Member States and third countries was last author ised by Council Decision 2001/855/EC,
3 which was 
adopted on 15 November 2001. 
(2) The Czech Republic, the Republic of Estoni a, the Republic of Cyprus, the Republic of 
Latvia, the Republic of Lithuania, the Re public of Hungary, the Republic of Poland, 
and the Republic of Slovenia (“the new Memb er States concerned”) have requested 
authorisation for the continua tion in force of provisions governing matters covered by 
the common commercial policy within the meaning of Article 133 of the Treaty contained in a number of trade-related agr eements, in order to avoid interrupting their 
contractual commercial relations w ith the third countries concerned. 
(3) Some of the matters covered by the na tional bilateral agreem ents are governed by 
Community agreements; authorisation should accordingly be given only in respect of 
those matters not covered by Community agreements. 
(4) The bilateral agreements and agreements to  be automatically renewed or maintained in 
force should not be allowed to obstr uct the implementation of the common 
commercial policy. 
                                                
 
1 OJ L 326, 29.12.1969, p. 39. 
2 OJ C […] […], p. […] 
3 OJ L 320, 5.12.2001, p. 13. 
 
EN 5   EN (5) Authorisation should also be given where th e existence of the agreement facilitates the 
enforcement of substantial outstanding debts owed by the third country to the Member 
State, provided that the Member State under takes to terminate or renegotiate such 
agreement once the debt is settled. 
(6) Moreover, such authorisation should not serve to absolve the new Member States 
concerned from the obligation of avoidi ng and eliminating any incompatibility 
between such bilateral agreements a nd the provisions of Community law. 
(7) The new Member States concerned have ta ken, and continue to take, the necessary 
steps to ensure that the requi site conditions, if any, are met to adapt or terminate those 
bilateral agreements. 
(8) On conclusion of the consultations unde r Article 2 of Decisi on 69/494/EEC, it was 
established that the provisions of certai n specified bilateral agreements would not 
constitute an obstacle to the implemen tation of the common commercial policy; 
(9) The bilateral agreements in question cont ain termination clauses requiring a period of 
notice of between thr ee and twelve months. 
(10) In order to harmonise th e duration of validity of the ag reements now requiring to be 
extended with those currently listed in Decision 2001/855/EC, th e authorisation to 
uphold those agreements should not extend bey ond the closing date laid down in that 
Decision, 
HAS ADOPTED THIS DECISION:  
Article 1 
The bilateral trade agreements listed in the Anne x to this Decision are added to the Annex to 
Decision 2001/855/EC.  
Article 2 
The provisions governing matters  covered by the common comm ercial policy within the 
meaning of Article 133 of the Treaty, and containe d in the bilateral trad e agreements listed in 
the Annex to Decision 2001/855/EC  as amended by this Decision, may be maintained in force 
up to 30 April 2005. 
 
EN 6   EN This authorisation shall apply only to those areas not covered by agreements between the 
Community and the third countries concerned.  The new Member States concerned shall 
inform the Commission of any circumstances that might necessitate  withdrawal of the 
authorisation granted in Article 2. 
This Decision shall apply from1 May 2004. This Decision is addressed to the Member States. Done at Brussels, […] 
For the Council 
The President 
 
EN 7   EN ANEXO P ŘÍLOHA BILAG ANHANG LISA ΠΑΡΑΡΤΗΜΑ  ANNEX ANNEXE 
ALLEGATO PIELIKUMS PRIEDAS MELLÉKLET ANNESS BIJLAGE 
ZAŁĄCZNIK ANEXO PRÍLOHA PRILOGA LIITE BILAGA  
 
Estado miembro 
Členský stát 
Medlemsstat 
Mitgliedstaat 
Liikmesriik 
Kράτος  µέλος 
Member State 
Etat membre 
Stato membro 
Dalībvalsts 
Valstybė Narė 
Tagállam 
Stat Membru  
Lidstaat 
Państwo  
Estado-Membro 
Członkowskie 
Členský štát  
Drzava clanica 
Jäsenvaltio 
 País tersero 
Třetí země 
Tredjeland 
Drittland 
Kolmas riik 
Тρίτη  χώρα  
Third country 
Pays tiers 
Paeze terzo 
Trešā valsts 
Trečioji šalis 
Harmadik ország 
Pajjiż terz 
Derde land 
kraj trzeci 
País terceiro 
Tretia krajina 
Tretja država 
Kolmas maa 
Tredje land Naturaleza del Acuerdo 
Typ dohody 
Aftalens art 
Art des Abkommens 
Lepingu tüüp 
Φύση  της συµφωνίας  
Type of Agreement 
Type de l’accord 
Natura dell’accordo 
Līguma veids 
Susitarimo r ūšis 
A megállapodás tipusa 
Tip ta' ftehim 
Aard van de overeenkomst 
rodzaj umowy 
Natureza do acordo 
Typ dohody 
Vrsta sporazuma 
Sopimuksen luonne 
Typ av avtal Fecha del Acuerdo 
Datum dohody 
Aftalens dato 
Zeitpunkt des Abkommens 
Lepingu kuupäev 
Ηµεροµηνία της συµφωνίας  
Date of the Agreement 
Date de l’accord 
Data dell’accordo 
Līguma datums 
Susitarimo pasirašymo data 
A megállapodás kelte 
Data tal-ftehim 
Datum van de overeenkomst 
data podpisania umowy 
Data do acordo 
Dátum podpísania dohody 
Datum sklenitve sporazuma 
Sopimuksen päivämäärä 
Datum för avtalet 
Afghanistan Trade Agreement 24.10.1987 
Afghanistan Protocol to the 1987 Trade 
Agreement 29.04.1988 
Afghanistan  Statute of the Czech-Afghan 
Joint Committee 22.06.1982 
Iraq Long-Term Trade and 
Payment Agreement 18.12.1973 Česká republika  
North Korea Trade Agreement 01.11.1990 
Eesti Belarus Trade and Economic 
Cooperation Agreement 31.07.2001 
Κύπρος  / K ıbrıs Iraq Trade Agreement 2.10.1981 
Lietuva Belarus Trade and Economic 
Cooperation Agreement 13.12.1994 
Cambodia Mutual Trade and Payments 
Agreement 12.03.1992 Magyarország  
Albania Mutual Trade and Payments 
Agreement 12.12.1990 
 
EN 8   EN Iraq Trade and Payments 
Agreement 01.01.1959 
Iraq Long-Term Agreement on 
Economic, Scientific and Technical Cooperation 20.05.1989 
Libya Agreement on Economic, 
Scientific and Technical 
Cooperation 11.02.1974 
Mongolia Trade and Payment 
Agreement 17.05.1991 
North Korea Trade and Payment 
Agreement 12.05.1992 Polska 
Syria Long-Term Trade and 
Payments Agreement 20.08.1974 
Slovenija  Former Yugoslav 
Republic of Macedonia Trade and Economic 
Cooperation 23.03.2001