2004/664/EC: Council Decision of 24 September 2004 adapting Decision 2004/246/EC by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
Date: 2004-09-24
Institutions: Council of the European Union
Subjects: accession to an agreement, accession to the European Union, indemnification, international convention, oil pollution

L 303/28

EN

Official Journal of the European Union

30.9.2004

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 24 September 2004

adapting Decision 2004/246/EC by reason of the accession of the Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

(2004/664/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia (2003 Treaty of Accession),

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia (2003 Act of Accession), and in particular
Article 57(1) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

For certain acts which remain valid beyond 1 May 2004
the
and require adaptation by reason of accession,
necessary adaptations were not provided for
in the
2003 Act of Accession, or were provided for, but
further adaptations are necessary.

Pursuant to Article 57(2) of the 2003 Act of Accession,
such adaptations are to be adopted by the Council in all
cases where the Council adopted the original act alone or
jointly with the European Parliament.

Under Decision 2004/246/EC (1), Member States are
authorised to sign, ratify or accede to, in the interest of
to the
the European Community,

the 2003 Protocol

(4)

(5)

(6)

International Convention on the Establishment of an
International Fund for Compensation for Oil Pollution
the same time, Austria and
Damage, 1992, and, at
Luxembourg are authorised,
the
in the interest of
to accede to the underlying
European Community,
instruments.

of

In accordance with Article 53 of
the 2003 Act of
Accession, Decision 2004/246/EC applies to the new
States
Member
accession.
from the moment
However,
in the case of the new Member States that
are not Contracting Parties to the underlying instruments,
namely the Czech Republic, Estonia, Hungary and
Slovakia,
required from the
Council enabling these States to accede to the underlying
instruments and to the 2003 Protocol and inviting them
to agree to be bound by these underlying instruments
and by the Protocol before the end of December 2005.

specific authorisation is

The United Kingdom and Ireland are bound by Council
Regulation (EC) No 44/2001 of 22 December 2000 on
jurisdiction and the recognition and enforcement of
judgments in civil and commercial matters (2) and are
therefore taking part in the adoption and application of
this Decision.

In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
the
European Union and the Treaty
European Community, Denmark is not taking part in
the adoption of
this Decision and is therefore not
bound by it or subject to its application.

establishing

(1) OJ L 78, 16.3.2004, p. 22.

(2) OJ L 12, 16.1.2001, p. 1.

30.9.2004

EN

Official Journal of the European Union

L 303/29

(7)

Decision 2004/246/EC should therefore be amended
accordingly,

(b) Paragraph 3 shall be replaced by the following:

HAS ADOPTED THIS DECISION:

Article 1

Decision 2004/246/EC is hereby amended as follows:

1. Article 1(2) shall be replaced by the following:

Furthermore,

‘2.
Estonia,
Luxembourg, Hungary, Austria and Slovakia are hereby
authorised to accede to the underlying instruments.’;

Republic,

Czech

the

2. Article 2 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

‘1. Member States shall take the necessary steps to
express their consent to be bound by the Supplementary
Fund Protocol, pursuant to Article 19(2) thereof, within
a reasonable time limit and, if possible, before 30 June
2004, with the exception of the Czech Republic, Estonia,
Luxembourg, Hungary, Austria and Slovakia, which
express their consent
to be bound by the Protocol
subject to the conditions set out in paragraph 3 of this
Article.’;

The Czech Republic,

‘3.
Luxembourg,
Hungary, Austria and Slovakia shall take the necessary
to be bound by the
steps to express their consent
underlying instruments and the Supplementary Fund
Protocol, as far as possible by 31 December 2005.’

Estonia,

Article 2

This Decision shall enter into force on the day of its publication
in the Official Journal of the European Union.

It shall apply from 1 May 2004.

Article 3

This Decision is addressed to the Member States in accordance
with the Treaty establishing the European Community.

Done at Brussels, 24 September 2004.

For the Council
The President

L. J. BRINKHORST