2005/208/EC: Decision No 1/2004 of the EU-Bulgaria Association Council of 28 September 2004 amending Articles 2 and 3 of the Additional Protocol to 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, with regard to an extension of the period laid down in Article 9(4) of Protocol 2 to the Europe Agreement
Date: 2004-09-28
Institutions: EC–Bulgaria Association Council
Subjects: Bulgaria, association agreement (EU), competition policy, type of business

15.3.2005

EN

Official Journal of the European Union

L 68/41

DECISION No 1/2004 OF THE EU-BULGARIA ASSOCIATION COUNCIL

of 28 September 2004

amending Articles 2 and 3 of the Additional Protocol to 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, with regard to an extension of the period laid down in
Article 9(4) of Protocol 2 to the Europe Agreement

(2005/208/EC)

THE ASSOCIATION COUNCIL,

Having regard to the Europe Agreement establishing an asso-
ciation between the European Communities and their Member
States, of the one part, and the Republic of Bulgaria, of the
other part (1) (hereinafter Europe Agreement),

Having regard to the Additional Protocol
Agreement, and in particular Article 4 thereof,

to the Europe

Whereas:

Communities and their Member States, of the one part, and
the Republic of Bulgaria, of the other part, with regard to an
extension of the period laid down in Article 9(4) of Protocol 2
to the Europe Agreement, shall be replaced by the following:

‘Article 2

The Republic of Bulgaria shall submit
to the European
and business
restructuring programme
Commission a
plans that meet the requirements listed in Article 9(4) of
Protocol 2, and that have been assessed and agreed by its
Commission on Protection of Competition.

An Additional Protocol to the Europe Agreement has
been signed between the Parties on 21 November 2002.

Article 3

The Commission shall provide a final assessment of whether
the restructuring programme and business plans meet the
requirements listed in Article 9(4) of Protocol 2. The
Council of the European Union shall decide whether the
programme and the plans are in compliance with the
requirements of the abovementioned Article.

The Commission shall regularly monitor the implemen-
tation of the plans on behalf of the Community, and the
Ministry of Finance shall do so for the Republic of Bulgaria.’

Article 2

This Decision shall enter into force on the day of its adoption
by the Association Council.

Done at Brussels, 28 September 2004.

For the Association Council
The President

S. PASSY

(1)

(2)

(3)

(4)

According to its Article 5, the Additional Protocol applies
provisionally from the date of signature.

Recent changes in the Bulgarian legislation modified the
distribution of
functions between implementing insti-
tutions.

In order to ensure conformity between the Additional
Protocol and the Bulgarian institutional changes,
it is
appropriate to amend Article 2 and Article 3 of the
Additional Protocol by adapting the references to the
relevant Bulgarian institutions. This
is necessary to
allow the implementation in Bulgaria of the Additional
Protocol.

(5)

According to its Article 4, the Additional Protocol may
be amended by decision of the Association Council,

HAS DECIDED AS FOLLOWS:

Article 1

Articles 2 and 3 of the Additional Protocol
to the Europe
Agreement establishing an association between the European

(1) OJ L 358, 31.12.1994, p. 3.