Proposal for a Council Decision on the conclusion of a Protocol amending the Agreement on Maritime Transport between the European Community and its Member States, of the one part, and the People’s Republic of China , of the other part, to take account of the accession 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 to the European Union
Date: 2005-01-07
Institutions: European Commission
Subjects: EU relations, accession to the European Union, carriage of goods, common transport policy, maritime transport, revision of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 07.01.2005 
COM(2004)864 final 

2004/0290 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol amending the Agreement on Maritime Transport 
between the European Community and its Member States, of the one part, and the 
People’s Republic of China , of the other part, to take account of the accession 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 to the European 
Union 

(presented by the Commission) 

EN 

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EXPLANATORY MEMORANDUM 

Ten new Member States acceded to the European Union on 1 May 2004. Under Article 6(2) 
of  the  Act  concerning  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 
Hungary,  the  Republic  of  Malta,  the  Republic  of  Poland,  the  Republic  of  Slovenia  and  the 
Slovak Republic and the adjustment of the Treaties on which the European Union is founded 
(hereinafter  ‘the  Act  of  Accession’),  the  accession  of  the  new  Member  States  to  the 
Agreement  on  maritime  transport  between  the  European Community and its Member States 
and the People’s Republic of China signed in Brussels on 6 December 2002 shall be agreed 
by  the  conclusion  of  a  Protocol  amending  this  Agreement.  Article  6(2)  provides  for  a 
simplified  procedure,  as  this  Protocol  is  to  be  concluded  by  the  Council  of  the  European 
Union, acting unanimously on behalf of the Member States, and China. 

Consequently,  the  Commission  has  negotiated  this  Protocol  on  behalf  of  the  European 
Community  and  its  Member  States  on  the  basis  of  negotiation  directives  adopted  by  the 
Council on 21 June 2004, and in consultation with a committee of the representatives of the 
Member  States.  The  draft  Protocol  was  initialled  by  the  Commission  and  the  Chinese 
representatives in Brussels on 24 September 2004. 

The Protocol provides for the necessary technical and linguistic adaptations of the Agreement 
that ensue from the accession of the ten new contracting parties. 

EN 

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2004/0290 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol amending the Agreement on Maritime Transport 
between the European Community and its Member States, of the one part, and the 
People’s Republic of China , of the other part, to take account of the accession 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 to the European 
Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular  its 
Articles  71,  first  paragraph  and  80  in  connection  with  Article  300,  second  and  third 
paragraph; 

Having  regard  to  the  Act  concerning  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 Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia 
and the Slovak Republic to the European Union, and in particular Article 6(2); 

Having regard to the proposal from the Commission, 

Having regard to the Opinion of the European Parliament;  

Whereas: 

(1) 

(2) 

The  Agreement  on  Maritime  Transport  between  the  European  Community  and  its 
Member  States,  of  the  one  part,  and  the  Government  of  the  People’s  Republic  of 
China, was signed in Brussels on 6 December 2002;  

the Treaty concerning 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 Hungary, the Republic of Malta, the Republic of Poland, the Republic of 
Slovenia  and  the  Slovak  Republic  to  the  European  Union  (hereinafter  referred  to  as 
“the Treaty of Accession”)1, was signed in Athens on 16 April 2003 and entered into 
force on 1 May 2004; 

(3) 

a  Protocol  amending  the  Agreement  on  Maritime  Transport  is  necessary  to  take 
account of the accession of the ten new Member States; 

1 

OJ L 236, 23.9.2003 

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(4) 

(5) 

the  Commission  was  authorised  by  the  Council  on  21  June  2004  to  negotiate  this 
Protocol with China; 

the Protocol was negotiated with China and initialled by both sides on 24 September 
2004; 

(6) 

the Protocol should therefore be approved; 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Protocol  amending  the  Agreement  on  Maritime  Transport  between  the  European 
Community  and  its  Member  States,  of  the  one  part,  and  the  Government  of  the  People’s 
Republic of China , of the other part, to take account of the accession 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 to the European Union, is hereby adopted in 
the name of the European Community and its Member States. 

The notification provided for in Article 3 of the Agreement shall be done by the Commission. 

Article 2 

The text of the Protocol is attached to this Decision. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 

DRAFT 

PROTOCOL AMENDING THE 

AGREEMENT 

ON MARITIME TRANSPORT 

BETWEEN THE EUROPEAN COMMUNITY 

AND ITS MEMBER STATES, OF THE ONE PART 

AND THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA, 

OF THE OTHER PART 

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THE KINGDOM OF BELGIUM, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

REPUBLIC OF ESTONIA, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

IRELAND, 

THE ITALIAN REPUBLIC, 

REPUBLIC OF CYPRUS, 

REPUBLIC OF LATVIA, 

REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

REPUBLIC OF HUNGARY, 

REPUBLIC OF MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

REPUBLIC OF SLOVENIA, 

REPUBLIC OF SLOVAKIA, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND 

hereinafter referred to as the “Member States”, and 

THE EUROPEAN COMMUNITY, 

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Hereinafter referred to as “the Community”, 

represented by the Council of the European Union 

of the one part, and 

THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA, 

Hereinafter referred to as “China”, 

of the other part, 

HAVING REGARD TO the accession of the Czech Republic, Republic of Estonia, Republic 

of  Cyprus,  Republic  of  Latvia,  Republic  of  Lithuania,  Republic  of  Hungary,  Republic  of 

Malta, Republic of Poland, Republic of Slovenia and Republic of Slovakia to the European 

Union and thereby to the Community on 1 May 2004, 

HAVE AGREED AS FOLLOWS: 

Article 1 

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 shall be Parties to the Agreement 

on Maritime Transport between the European Community and its Member States, of the one 

part,  and  the  Government  of  the  People’s  Republic  of  China,  of  the  other  part,  signed  in 

Brussels on 6 December 2002, (hereinafter called “the Agreement”). 

Article 2 

The texts of the Agreement in the Czech, Estonian, Latvian, Lithuanian, Hungarian, Maltese, 

Polish, Slovenian and Slovakian languages, which are attached to this Protocol shall become 

authentic under the  same  conditions as the other language versions drawn up in accordance 

with Art.14 of this Agreement.  

Article 3  

This  Protocol  shall  be  approved  by  the  contracting  parties  in  accordance  with  their  own 

procedures. It shall enter into force on the same day the Agreement enters into force. Should 

however this Protocol be approved by the contracting parties on a later date than the entry into 

force of the Agreement, then the Protocol shall enter into force on the date on which parties 

have notified each other on the accomplishment of the internal procedures for approval.  

Article 4 

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This  Protocol  is  drawn  up  at  Brussels,  on  this  day  of  in  the  year  2004,  in  duplicate,  in  the 

Czech,  Danish,  Dutch,  English,  Estonian,  Finnish,  French,  German,  Greek,  Hungarian, 

Italian,  Latvian,  Lithuanian,  Maltese,  Polish  Portuguese,  Slovene,  Slovak,  Spanish,  Swedish 

and Chinese languages, each of these texts being equally authentic.  

FOR THE MEMBER STATES  

FOR THE EUROPEAN COMMUNITY  

The President 

FOR THE GOVERNMENT OF THE  

PEOPLE’S REPUBLIC OF CHINA 

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