Proposal for a Council Decision on the conclusion, on behalf of the European Community and its Member States, of a Protocol to the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino, regarding the participation, as contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, pursuant to their accession to the European Union
Date: 2004-04-15
Institutions: European Commission
Subjects: San Marino, cooperation agreement (EU), customs union, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.4.2004 
COM(2004) 258 final 

2004/0083 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the European Community and its Member States, of a 
Protocol to the Agreement on Cooperation and Customs Union between the European 
Economic Community and the Republic of San Marino, regarding the participation, as 
contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of 
Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the 
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak 
Republic, pursuant to their accession to the European Union  

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The  Agreement  on  Cooperation  and  Customs  Union  between  the  European  Economic 
Community  and  its  Member  States  and  the  Republic  of  San  Marino  entered  into  force  on 
1 April 2002. 

The  Agreement  needs  to  be  amended  to  take  account  of  the  new  Member  States  as 
Contracting Parties. 

Following the authorization given to the Commission on 23 February 2004, negotiations with 
the Republic of San Marino on the adaptation of the Agreement have been concluded. 

The  legal  bases  for  the  proposed  Council  concluding  decision  are  the  same  as  those  for  the 
Agreement. Reference is also made to Article 2(3) of the Treaty of Accession to provide for 
possible adoption of the Council decision prior to accession. 

The Commission, according to Article 6(2) of the Act of Accession, is to submit a draft of the 
Protocol for conclusion to the Council. 

It is proposed that the Council adopt the attached decision on the conclusion of a Protocol to 
the  Agreement  on  Cooperation  and  Customs  Union  between  the  European  Economic 
Community and the Republic of San Marino due to EU enlargement. 

2 

 
 
  
 
2004/0083 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the European Community and its Member States, of a 
Protocol to the Agreement on Cooperation and Customs Union between the European 
Economic Community and the Republic of San Marino, regarding the participation, as 
contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of 
Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the 
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak 
Republic, pursuant to their accession to the European Union  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles 133 and 308, in conjunction with the second sentence of Article 300(2) and the first 
sub-paragraph of Article 300(3) thereof, 

Having  regard  to  the  Treaty  of  Accession  of  16  April  2003,  and  in  particular  Article  2(3) 
thereof, 

Having regard to the Act of Accession annexed to the Treaty of Accession and in particular 
Article 6(2) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

Following  the  authorization  given  to  the  Commission  on  23  February  2004, 
negotiations  with  the  Republic  of  San  Marino  for  a  Protocol  to  the  Agreement  on 
Cooperation and Customs Union between the European Economic Community and the 
Republic  of  San  Marino,  regarding  the  participation,  as  contracting  parties,  of  the 
Czech  Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of 
Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the 
Republic  of  Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic,  pursuant  to 
their accession to the European Union have been concluded. 

(2) 

Pursuant  to  Article  6(2)  of  the  Act  of  Accession,  a  draft  of  the  Protocol  has  been 
submitted by the Commission to the Council. 

(3) 

The Protocol should be concluded, 

1 
2 

OJ C […] […], p.[…] 
OJ C […] […], p. […] 

3 

 
 
  
 
                                                 
HAS DECIDED AS FOLLOWS:  

Article 1 

The  Protocol  to  the  Agreement  on  Cooperation  and  Customs  Union  between  the  European 
Economic  Community  and  the  Republic  of  San  Marino,  regarding  the  participation,  as 
contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, 
the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of 
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, pursuant to 
their  accession  to  the  European  Union,  is  hereby  approved  on  behalf  of  the  European 
Community and its Member States. 

The text of the Protocol is attached to this Decision. 

The President of the Council is hereby authorized to designate the person empowered to sign 
the Protocol on behalf of the Community and its Member States. 

Article 2 

Article 3 

The  President  of  the  Council  shall,  on  behalf  of  the  Community  and  its  Member  States, 
transmit the instrument of approval provided for in Article 3 of the Protocol. 

Done at Brussels,  

For the Council 
The President 

4 

 
 
  
 
 
 
 
 
. 

1. 

2. 

3. 

4. 

5. 

5.0 

ANNEX  

FINANCIAL STATEMENT 

DATE:  
APPROPRIATIONS: 

BUDGET HEADING 
n.a. 
TITLE: 
Protocol to the Agreement on Cooperation and Customs Union between the European Economic 
Community and the Republic of San Marino, regarding the participation, as contracting parties, of the 
Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of 
Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of 
Slovenia and the Slovak Republic, pursuant to their accession to the European Union 
LEGAL BASIS:  
Articles 133, and 308, in conjunction with the second sentence of Article 300(2) and the first 
subparagraph of Article 300(3) of the EC Treaty 
Article 2(3) of the Treaty of Adhesion and Article 6(2) of the Act of Accession 

AIMS: 

FINANCIAL IMPLICATIONS 

None 

CHARGED TO THE EC BUDGET 

EXPENDITURE 
- 
(REFUNDS/INTERVENTIONS) 
- 
- 

NATIONAL AUTHORITIES 
OTHER 

5.1  REVENUE 

OWN RESOURCES OF THE EC  

- 
(LEVIES/CUSTOMS DUTIES) 
NATIONAL 
- 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 
5.2  METHOD OF CALCULATION: 

12 MONTH 
PERIOD 

(EUR million) 

CURRENT 
FINANCIAL 
YEAR 
[n] 
(EUR million) 

FOLLOWING 
FINANCIAL 
YEAR 
[n+1] 
(EUR million) 

None 

None 

None 

None 

None 

None 

[n+2] 

[n+3] 

[n+4] 

[n+5] 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 

RELEVANT CHAPTER OF THE CURRENT BUDGET? 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 
OBSERVATIONS: 

YES  

 NO 
 NO 
 NO 

5 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PROTOCOL TO THE AGREEMENT ON COOPERATION AND CUSTOMS UNION 
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF 
SAN MARINO, REGARDING THE PARTICIPATION, AS CONTRACTING PARTIES, 
OF THE CZECH REPUBLIC, THE REPUBLIC OF ESTONIA, THE REPUBLIC OF 
CYPRUS, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE 
REPUBLIC OF HUNGARY, THE REPUBLIC OF MALTA, THE REPUBLIC OF 
POLAND, THE REPUBLIC OF SLOVENIA AND THE SLOVAK REPUBLIC, 
PURSUANT TO THEIR ACCESSION TO THE EUROPEAN UNION 

THE  KINGDOM  OF  BELGIUM,  THE  CZECH  REPUBLIC  ,THE  KINGDOM  OF 
DENMARK,  THE  FEDERAL  REPUBLIC  OF  GERMANY,  THE  REPUBLIC  OF 
ESTONIA,  THE  HELLENIC  REPUBLIC,  THE  KINGDOM  OF  SPAIN,  THE  FRENCH 
REPUBLIC, IRELAND, THE ITALIAN REPUBLIC, THE REPUBLIC OF CYPRUS, THE 
REPUBLIC  OF  LATVIA,  THE  REPUBLIC  OF  LITHUANIA,  THE  GRAND  DUCHY  OF 
LUXEMBOURG,  THE  REPUBLIC  OF  HUNGARY,  THE  REPUBLIC  OF  MALTA,  THE 
KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE REPUBLIC 
OF  POLAND,  THE  PORTUGUESE  REPUBLIC,  THE  REPUBLIC  OF  SLOVENIA,  THE 
SLOVAK  REPUBLIC,  THE  REPUBLIC  OF  FINLAND,  THE  KINGDOM  OF  SWEDEN 
AND  THE  UNITED  KINGDOM  OF  GREAT  BRITAIN  AND  NORTHERN  IRELAND, 
(THE “MEMBER STATES”) 

represented by the Council of the European Union, 

and, 

THE EUROPEAN COMMUNITY, 

also represented by the Council of the European Union, 

of the one part, 

and 

THE REPUBLIC OF SAN MARINO, 

of the other part, 

HAVING  REGARD  TO  the  Agreement  on  Cooperation  and  Customs  Union  between  the 
European Economic Community and the Republic of San Marino of 16 December 1991 (“the 
Agreement”), which entered into force on 1 April 2002, 

HAVING  REGARD  TO  the  accession  of  the  Czech  Republic,  the  Republic  of  Estonia,  the 
Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of 

6 

 
 
  
 
 
 
 
 
 
 
 
Hungary,  the  Republic  of  Malta,  the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the 
Slovak Republic (“the new Member States”) to the European Union on 1 May 2004, 

WHEREAS the new Member States are to become Contracting Parties to the Agreement, 

CONSIDERING that the Treaty of Accession grants to the Council of the European Union the 
power  to  conclude,  on  behalf  of  the  present  Member  States  and  the  new  Member  States,  a 
protocol on the accession of the new Member States to the Agreement, 

HAVE AGREED AS FOLLOWS: 

Article 1 

The  new  Member  Sates  hereby  become  Contracting  Parties  to  the  Agreement:  they  shall 
respectively  adopt  and  take  note,  in  the  same  manner  as  the  present  Member  States,  of  the 
Agreement, as well as the Declarations annexed to it. 

This Protocol shall be an integral part of the Agreement. 

Article 2 

Article 3 

1. 

2. 

1. 

2. 

This Protocol shall be approved by the Council of the European Union, on behalf of 
the  Member  States  and  the  European  Community,  and  by  the  Republic  of  San 
Marino in accordance with their own procedures. 

The Parties shall notify each other of the accomplishment of these procedures. The 
instruments  of  approval  shall  be  deposited  with  the  General  Secretariat  of  the 
Council of the European Union. 

Article 4 

This  Protocol  shall  enter  into  force  on  the  same  day  as  the  Treaty  of  Accession, 
provided that both instruments of approval have been deposited before that date.  

If the instruments of approval have not been deposited before that date, this Protocol 
shall enter into force on the first day of the first month following the date of deposit 
of the last instrument of approval. 

Article 5 

The  texts  of  the  Agreement,  as  well  as  the  Declarations  annexed  to  it,  are  drawn  up  in  the 
Czech,  Estonian,  Hungarian,  Latvian,  Lithuanian,  Maltese,  Polish,  Slovak  and  Slovenian 
languages. 

They  are  annexed  to  this  Protocol  and  are  equally  authentic  with  the  texts  in  the  other 
languages in which the Agreement, as well as the Declarations annexed to it are drawn up. 

7 

 
 
  
 
Article 6 

This  Protocol  is  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English,  Estonian, 
Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish, 
Portuguese,  Slovenian,  Slovak,  Spanish  and  Swedish  languages,  each  of  those  texts  being 
equally authentic. 

Done at … on the day … of ….in the year two thousand and four. 

For the Council of the European Union 

[ ... ] 

For the Republic of San Marino 

[ ... ] 

8