2004/368/EC: Council Decision of 30 March 2004 concerning the provisional application of 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 and the provisional application of four related agreements
Date: 2004-03-30
Institutions: Council of the European Union
Subjects: European Economic Area, agreement (EU), enlargement of the Union

29.4.2004

EN

Official Journal of the European Union

L 130/1

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 30 March 2004

concerning the provisional application of 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 and the provisional
application of four related agreements

(2004/368/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community and in particular Article 310, in conjunction with
the first paragraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

Article 128 of
the Agreement on the European
Economic Area (‘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
to an agreement between the
contracting parties and the applicant State.

subject

of

conclusion

the
the Czech Republic,
the Republic of Cyprus,
the Republic of Latvia,
the Republic of Malta,

EU
Following
successful
the
the
enlargement negotiations,
the
Republic of Estonia,
the
Republic of Hungary,
Republic of Lithuania,
the
Republic of Poland, the Republic of Slovenia and the
submitted
(‘Acceding
Slovak
applications to become parties to the EEA Agreement to
which the Community and its Member States are
Contracting Parties.

Republic

States')

authorisation given to the
the
On the basis of
Commission
EEA
2002,
9 December
enlargement negotiations were concluded on 3 July
2003 and an agreement between Iceland, Liechtenstein,

the

on

the Community,

its
Norway (‘EEA EFTA States'),
Member States
and the Acceding States on the
participation of the Acceding States in the EEA (‘EEA
related
Enlargement Agreement'),
agreements, was signed by the Contracting Parties on 14
October 2003.

together with four

(4)

(5)

The EU Accession Treaty is to enter into force on 1 May
2004, on which date the Acceding States will become
fully integrated into the internal market.

The EEA Agreement extends the internal market to the
EEA EFTA States and, pending the completion of the
procedures
required to bring the EEA Enlargement
Agreement into force, it is necessary to provide for the
provisional application from 1 May 2004 of the EEA
Enlargement Agreement and the four related agreements
in order
the
internal market within the EEA.

to maintain the good functioning of

(6)

The Agreements on provisional application should
therefore be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreements in the form of an Exchange of Letters between
the Community and each of the EEA EFTA States concerning
the provisional application as from 1 May 2004 of the EEA
related agreements are
Enlargement Agreement and four
hereby approved on behalf of the Community.

L 130/2

EN

Official Journal of the European Union

29.4.2004

The texts of the Agreements in the form of an Exchange of
Letters are attached to this Decision.

Article 3

This Decision shall be published in the Official Journal of the
European Union.

Article 2

Done at Brussels, 30 March 2004.

The President of the Council
is authorised to designate the
person(s) authorised to sign the Agreements in the form of an
Exchange of Letters in order to bind the Community.

For the Council

The President

M. McDOWELL