Proposal for a Council Decision amending Council Decision 2001/855/EC of 15 Novmber 2001 in order to take account of certain treaties and trade agreements concluded with third countries by new Member States prior to their accession to the European Union
Date: 2004-10-22
Institutions: European Commission
Subjects: accession to the European Union, bilateral agreement, common commercial policy, renewal of an agreement, trade agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.10.2004 
COM(2004) 697 final 

. 

Proposal for a 

COUNCIL DECISION 

amending Council Decision 2001/855/EC of 15 Novmber 2001 in order to take account of 
certain treaties 
and trade agreements concluded with third countries by new Member States prior to 
their accession to the European Union 

. 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Council  is  hereby  invited  to  authorise  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 Poland and the Republic of Slovenia to maintain in force certain 
trade-related agreements after their accession to the EU. 

1- Legal basis 

Council  Decision  69/494/EEC  of  16  December  1969  on  the  progressive  standardisation  of 
agreements  concerning  commercial  relations  between  Member  States  and  third  countries 
allows Member States to request an authorisation for the continuation in force of provisions 
governing matters covered by the common commercial policy. 

Authorisation  may  be  granted  when  the  matters  covered  by  the  bilateral  agreements  are  not 
the subject of Community agreements. Moreover, the provisions of the bilateral agreements 
must  not  constitute  an  obstacle  to  the  implementation  of  the  common  commercial  policy. 
Member States must be willing to adapt and if necessary terminate the bilateral agreements; 
the  agreements  must  therefore  contain  short  (3-12  months)  denunciation  clauses.  The 
authorisation is granted for a period of four years. It was last granted to the 15 Member States 
on 15 November 2001 by Council Decision 2001/855/EC. 

2- Scope of the exercise 

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  were  requested  to 
ensure  that  all  their  international  agreements  incompatible  with  their  EU  membership 
obligations were denounced or renegotiated by the time of their accession to the EU (article 
6.10  of  the  Act  of  Accession).  This  commitment  was  translated  into  action  by  the  new 
Member States. 

However, before their accession to the EU, eight acceding countries (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 Poland and the Republic of Slovenia) have 
notified the Commission of their intention to request the prolongation of certain agreements in 
accordance with the provisions of Council Decision 69/494/EEC. 

The Commission has analysed these requests. Out of the 44 agreements concerned, 17 should 
be authorised to remain in force. Six notifications were found to be irrelevant in the present 
exercise.  However,  21  agreements  were  found  not  to  meet  one  or  several  of  the  above-
mentioned  conditions.  Consequently,  these  agreements  should  not  be  allowed  to  remain  in 
force. 

Due to delays in the procedure and in receiving certain acceding countries’ notifications, the 
present  proposal  could  not  be  elaborated  before  1  May  2004.  In  the  period  between  1  May 
2004 and the adoption by the Council of the attached proposal, the rights of third countries are 
safeguarded under Article 307 of the Treaty. 

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3- Result of consultations 

Consultations  were  held  with  the  new  Member  States  concerned  which  so  requested.  These 
consultations  were  instrumental  in  clarifying  whether  the  bilateral  agreements  whose 
maintenance in force after accession to the EU was requested contained provisions relating to 
the  EU’s  common  commercial  policy,  and  whether  these  provisions  could  constitute  an 
obstacle to that policy. The new Member States concerned also provided information on their 
contacts  with  the  co-contracting  countries  to  bring  the  agreements  in  conformity  with  the 
acquis communautaire. 

4- Duration of the proposed authorisation 

It  is  proposed  that,  in  accordance  with  Article  3  of  Council  Decision  69/494/EEC,  and  in 
order  to  harmonise  the  duration  of  validity  of  agreements  prolonged  under  the  present 
Decision,  with  those  listed  under  Council  Decision  2001/855/EC,  the  authorisation  to 
maintain  in  force  the  17  agreements  is  only  granted  until  30  April  2005.  The  authorisation 
may be renewed for four years on 1 May 2005 for the agreements of the 25 Member States 
meeting the criteria set out in Council Decision 69/494/EEC, should the necessary conditions 
still be met. 

5- Procedure 

The  Council  is  invited  to  adopt  the  attached  proposal  for  a  Council  Decision  amending  the 
annex to Council Decision 2001/855/EC. 

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Proposal for a 

COUNCIL DECISION 

amending Council Decision 2001/855/EC of 15 November 2001 in order to take account 
of certain treaties 
and trade agreements concluded with third countries by new Member States prior to 
their accession to the European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community,  

Having  regard  to  Council  Decision  69/494/EEC  of  16  December  1969  on  the  progressive 
standardisation  of  agreements  concerning  commercial  relations  between  Member  States  and 
third countries and on the negotiation of Community agreements1, and in particular Article 3 
thereof,  

Having regard to the proposal from the Commission,2 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The automatic renewal or continuation in force of certain provisions governing matters 
covered  by  the  common  commercial  policy  contained  in  the  friendship,  trade  and 
navigation  treaties  and  trade  agreements  concluded  between  the  Member  States  and 
third  countries  was  last  authorised  by  Council  Decision  2001/855/EC,3  which  was 
adopted on 15 November 2001. 

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 Poland, 
and  the  Republic  of  Slovenia  (“the  new  Member  States  concerned”)  have  requested 
authorisation for the continuation in force of provisions governing matters covered by 
the  common  commercial  policy  within  the  meaning  of  Article  133  of  the  Treaty 
contained in a number of trade-related agreements, in order to avoid interrupting their 
contractual commercial relations with the third countries concerned. 

Some  of  the  matters  covered  by  the  national  bilateral  agreements  are  governed  by 
Community agreements; authorisation should accordingly be given only in respect of 
those matters not covered by Community agreements. 

The bilateral agreements and agreements to be automatically renewed or maintained in 
force  should  not  be  allowed  to  obstruct  the  implementation  of  the  common 
commercial policy. 

1 
2 
3 

OJ L 326, 29.12.1969, p. 39. 
OJ C […] […], p. […] 
OJ L 320, 5.12.2001, p. 13. 

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(5) 

Authorisation should also be given where the existence of the agreement facilitates the 
enforcement of substantial outstanding debts owed by the third country to the Member 
State,  provided  that  the  Member  State  undertakes  to  terminate  or  renegotiate  such 
agreement once the debt is settled. 

(6)  Moreover,  such  authorisation  should  not  serve  to  absolve  the  new  Member  States 
concerned  from  the  obligation  of  avoiding  and  eliminating  any  incompatibility 
between such bilateral agreements and the provisions of Community law. 

(7) 

(8) 

(9) 

(10) 

The  new  Member  States  concerned  have  taken,  and  continue  to  take,  the  necessary 
steps to ensure that the requisite conditions, if any, are met to adapt or terminate those 
bilateral agreements. 

On  conclusion  of  the  consultations  under  Article  2  of  Decision  69/494/EEC,  it  was 
established  that  the  provisions  of  certain  specified  bilateral  agreements  would  not 
constitute an obstacle to the implementation of the common commercial policy; 

The bilateral agreements in question contain termination clauses requiring a period of 
notice of between three and twelve months. 

In order to harmonise the duration of validity of the agreements now requiring to be 
extended  with  those  currently  listed  in  Decision  2001/855/EC,  the  authorisation  to 
uphold those agreements should not extend beyond the closing date laid down in that 
Decision, 

HAS ADOPTED THIS DECISION:  

The bilateral trade agreements listed in the Annex to this Decision are added to the Annex to 
Decision 2001/855/EC.  

Article 1 

Article 2 

The  provisions  governing  matters  covered  by  the  common  commercial  policy  within  the 
meaning of Article 133 of the Treaty, and contained in the bilateral trade agreements listed in 
the Annex to Decision 2001/855/EC as amended by this Decision, may be maintained in force 
up to 30 April 2005. 

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This  authorisation  shall  apply  only  to  those  areas  not  covered  by  agreements  between  the 
Community  and  the  third  countries  concerned.  The  new  Member  States  concerned  shall 
inform  the  Commission  of  any  circumstances  that  might  necessitate  withdrawal  of  the 
authorisation granted in Article 2. 

This Decision shall apply from1 May 2004. 

This Decision is addressed to the Member States. 

Done at Brussels, […] 

For the Council 
The President 

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ANEXO PŘÍLOHA BILAG ANHANG LISA ΠΑΡΑΡΤΗΜΑ ANNEX ANNEXE 
ALLEGATO PIELIKUMS PRIEDAS MELLÉKLET ANNESS BIJLAGE 
ZAŁĄCZNIK ANEXO PRÍLOHA PRILOGA LIITE BILAGA 

Estado miembro 
Členský stát 
Medlemsstat 
Mitgliedstaat 
Liikmesriik 
Kράτος µέλος 
Member State 
Etat membre 
Stato membro 
Dalībvalsts 
Valstybė Narė 
Tagállam 
Stat Membru  
Lidstaat 
Państwo  
Estado-Membro 
Członkowskie 
Členský štát 
Drzava clanica 
Jäsenvaltio 

Česká republika  

País tersero 
Třetí země 
Tredjeland 
Drittland 
Kolmas riik 
Тρίτη χώρα 
Third country 
Pays tiers 
Paeze terzo 
Trešā valsts 
Trečioji šalis 
Harmadik ország 
Pajjiż terz 
Derde land 
kraj trzeci 
País terceiro 
Tretia krajina 
Tretja država 
Kolmas maa 
Tredje land 

Afghanistan 
Afghanistan 

Afghanistan  

Iraq 

Naturaleza del Acuerdo 
Typ dohody 
Aftalens art 
Art des Abkommens 
Lepingu tüüp 
Φύση της συµφωνίας 
Type of Agreement 
Type de l’accord 
Natura dell’accordo 
Līguma veids 
Susitarimo rūšis 
A megállapodás tipusa 
Tip ta' ftehim 
Aard van de overeenkomst 
rodzaj umowy 
Natureza do acordo 
Typ dohody 
Vrsta sporazuma 
Sopimuksen luonne 
Typ av avtal 

Fecha del Acuerdo 
Datum dohody 
Aftalens dato 
Zeitpunkt des Abkommens 
Lepingu kuupäev 
Ηµεροµηνία της συµφωνίας 
Date of the Agreement 
Date de l’accord 
Data dell’accordo 
Līguma datums 
Susitarimo pasirašymo data 
A megállapodás kelte 
Data tal-ftehim 
Datum van de overeenkomst 
data podpisania umowy 
Data do acordo 
Dátum podpísania dohody 
Datum sklenitve sporazuma 
Sopimuksen päivämäärä 
Datum för avtalet 

Trade Agreement 
Protocol  to  the  1987  Trade 
Agreement 

Statute  of  the  Czech-Afghan 
Joint Committee 

24.10.1987 
29.04.1988 

22.06.1982 

Long-Term 
Payment Agreement 

Trade 

and 

18.12.1973 

North Korea 

Trade Agreement 

Eesti 

Belarus 

Κύπρος / Kıbrıs 
Lietuva 

Iraq 
Belarus 

Magyarország  

Cambodia 

Economic 

Trade 
and 
Cooperation Agreement 
Trade Agreement 
Trade 
and 
Cooperation Agreement 
Mutual  Trade  and  Payments 
Agreement 

Economic 

Albania 

Mutual  Trade  and  Payments 
Agreement 

01.11.1990 

31.07.2001 

2.10.1981 
13.12.1994 

12.03.1992 

12.12.1990 

EN 

7 

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Polska 

Iraq 

Iraq 

Libya 

Trade 
Agreement 

and 

Payments 

01.01.1959 

Long-Term  Agreement  on 
Economic,  Scientific 
and 
Technical Cooperation 

Agreement  on  Economic, 
Scientific 
and  Technical 
Cooperation 

20.05.1989 

11.02.1974 

Mongolia 

North Korea 

Trade 
Agreement 

and 

Trade 
Agreement 

and 

Payment 

17.05.1991 

Payment 

12.05.1992 

Syria 

Long-Term 
Trade 
Payments Agreement 

and 

20.08.1974 

Slovenija  

Former Yugoslav 
Republic 
of 
Macedonia 

Trade 
Cooperation 

and 

Economic 

23.03.2001 

EN 

8 

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