Proposal for a COUNCIL DECISION on the conclusion of the third Additional Protocol to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part
Date: 1996-02-09
Institutions: European Commission
Subjects: Bulgaria, European Community, agreement (EU), protocol to an agreement, textile product, trade agreement

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  09.02.1996 
COM(96) 41  final 

9670038 (ACC) 

Proposal  for a 

COUNCIL DECISION 

on the conclusion of the Third Additional Protocol to the Europe Agreement  between the  European 
Communities and their Member States, of the one part and the Republic of Bulgaria, of the other part 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

Following  the  Essen  Summit,  a  Second  Additional  Protocol  to  the  Europe  Agreement 
the  date  of  final 
with  Bulgaria  was  adopted  in  December  1994  aligning,  inter  alia, 
elimination  of  customs  duties  applied  by  the  Community  to  Bulgarian  exports  in  the 
textiles  sector with that in the Europe  Agreements  with the Visegrad  countries,  i.e.  on 1 
January 1997. 

During the negotiations held on 27-28 November  1995 pursuant to Article  1, paragraph 3 
of  the  Additional  Protocol  to  the  Europe  Agreement  on  Trade  in  Textile  Products, 
Bulgaria  offered  to  accelerate by one year its tariff dismantling for  products  of  Chapters 
50-63  of the Bulgarian Tariff listed in Annex VI to the Europe Agreement  and requested 
in return the reduction by the European Community of its preferential  customs duties to a 
rate equal to two-sevenths of the basic duty from 1 January 1996. 

The  present  adjustment  would  bring  the  tariff  treatment  of  Bulgarian  exports  in  textile 
products in line with that of the Visegrad associated countries. 

The  Council  is  requested  to  adopt  the  attached  Decision  on the  conclusion  of  a  Third 
Protocol to the Europe Agreement with Bulgaria. 

X 

Council Decision 
19% 
of 

on the conclusion of the Third Additional Protocol to the Europe Agreement  between the  European 
Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part 
(96/.../EC) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard to  the  Treaty  establishing  the  European  Community,  and in  particular  Article  113  in 
conjunction with Article 228 (2) thereof, 

Having regard to the Europe Agreement  signed by the Parties on 8 March  1993 \  as amended by  the 
Second Additional Protocol signed on 30 December 1994^ 

Having regard to the proposal from the Commission, 

Whereas in the framework of the negotiations held on 27-28 November 1995 in accordance with Article 1 
(3)  of  the  Additional  Protocol  to  the  Europe  Agreement  on  Trade  in  Textile  Products  between  the 
European Community and the Republic of Bulgaria, Bulgaria declared that it is prepared to accelerate by 
one year its tariff  dismantling for products of Chapters 50-63 of the Bulgarian Customs Tariff listed in 
Annex VI to the Europe Agreement, to reach zero duty on 1 January 2001; In return Bulgaria requested 
the reduction by the European Community of customs duties on imports applicable in the Community to 
textile  products  falling  within  Section  XI  (Chapters  50  to  63)  of  the  combined  nomenclature  and 
originating in Bulgaria in accordance with Protocol 4 of the Europe Agreement to a rate equal to two-
sevenths of the basic duty rate from 1 January 1996; 

Whereas this adjustment to the Europe Agreement should be approved, 

HAS DECIDED AS FOLLOWS : 

Article J 

A Third Additional Protocol amending the Europe Agreement between the European Communities and 
their Member States, of the one part, and the Republic of Bulgaria, of the other part, is hereby approved 
on behalf of the Community. 

The text of the Third Additional Protocol is attached to this Decision. 

Article 2 

The President of the Council is hereby authorized to designate the person empowered to sign the Third 
Additional Protocol on behalf of the European Community. 

The President of the Council  shall  give the notification  on behalf of the European Community that all 
necessary procedures have been completed 

Done at Brussels, 

For the Council 
The President 

1 
2 

OJN°L 358, 31.12.94. 
OJN°L 378, 31.12.94. 

D r a ft 

THIRD ADDITIONAL  PROTOCOL 
to the Europe Agreement  between the European Communities and their Member 
States, of the one part, and the Republic of Bulgaria, of the other part 

THE EUROPEAN COMMUNITY (hereinafter  referred to as "the Community"), 

of the one part, and 

THE REPUBLIC OF BULGARIA (hereinafter referred to as "Bulgaria"), 

of the other part, 

WHEREAS,  the  Europe  Agreement  establishing  an  association  between  the  European 
Communities and their Member  States, of the one part, and the Republic of Bulgaria, of 
the other part (hereinafter  referred to as "the Europe Agreement") was signed in Brussels 
on 8 March  1993, and entered into force on  1 February 1995; 

WHEREAS, certain provisions of the Europe Agreement relating to the dismantlement of 
customs  duties  were  last  amended  by  the  Second  Additional  Protocol  signed  on  30 
December  1994 (hereinafter  referred to as "the Second Additional Protocol"); 

BEARING IN MIND the desirability of the Community of aligning the duties applicable 
to exports of textile products originating in Bulgaria with those of the Visegrad associated 
countries; 

BEARING  IN  MIND  the  willingness  of  Bulgaria  to  accelerate  by  one  year  its  tariff 
dismantling  for  products  of  Chapters  50-63  of  the  Bulgarian  Customs  Tariff  listed  in 
Annex VI to the Europe Agreement, to reach zero duty on 1 January 2001; 

BEARING  IN MIND the  objectives  of the  Europe Agreement  and, in particular,  those 
referred to in Article 1(2) second and third indents  thereof, 

HAVE  DECIDED  to  conclude  this  Protocol  and  to  this  end  have  designated  as  their 
plenipotentiaries : 

THE EUROPEAN COMMUNITY : 

THE REPUBLIC OF BULGARIA 

who, having exchanged their full powers, found in good and due form, HAVE AGREED 
AS  FOLLOWS : 

Article 1 

The third indent  of Article 2  (1)  of Protocol  1 on textile  and clothing  products to  the 
Europe Agreement as last amended by the Second Additional Protocol, shall be replaced 
by the following text : 

"at the start of the fourth year, to two-sevenths of the basic duty". 

Article 2 

The following text shall be added to the end of Article 11 (3) of the Europe Agreement: 

"However,  in  the  case  of  products  listed  in  Chapters  50-63  of  the  Bulgarian 
Customs Tariff,  Bulgaria  shall  eliminate all  such duties  eight years  after  the  entry into 
force of the Agreement." 

This Protocol shall form an integral part of the Europe Agreement. 

Article 3 

Article 4 

This Protocol shall enter into force on the first day of the  month following the date upon 
which the Parties notify each other of the completion of the procedures necessary for that 
purpose. This Protocol shall apply from 1  January 1996. 

If this Protocol should enter into force after 1  January 1996, any duties paid which would 
not have been payable if the Protocol had entered into force and its provisions had been 
implemented on that date shall be refunded and such refund shall be deemed to constitute 
full compliance with the obligation not to impose such duties. 

Article 5 

This Protocol  shall be drawn up in two  copies  in the Danish,  Dutch,  English, Finnish, 
French,  German,  Greek,  Italian,  Portuguese,  Spanish,  Swedish  and  the  Bulgarian 
languages, each of these texts being equally authentic. 

On behalf of the Community 

For the Republic of Bulgaria 

Financial  Statement 

1. 

Budget heading  :  Chapter  12. Article 120 

2 

3. 

Legal basis 

:  Article 113 of the Treaty 

Titles of tariff  measures  : 

- Draft Council Decision on the conclusion of the Third Additional Protocol to the 
Europe Agreement between the European Communities and their Member States, 
of the one part, and the Republic of Bulgaria, of the other part 

- Draft  Third Additional Protocol to the Europe Agreement between the European 
Communities and their Member States, of the one part, and the Republic of 
Bulgaria, of the other part 

4. 

Aim  : 

Fulfillment  of the  obligations  arising from the adoption  of the  Third  Additional 
Protocol to the Europe Agreement with Bulgaria 

5. 

Method of calculation : 

On the basis of the 1994 EUR-12 imports from Bulgaria, the customs revenue 
forgone concerning this tariff measure is estimated to  2.15 Mio ECU. 

ISSN  0254-1475 

COM(96) 41  final 

DOCUMENTS 

EN 

11 

Catalogue number  : CB-CO-96-053-EN-C 

ISBN 92-78-00214-3 

Office for Official Publications of the European Communities 

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