2005/430/EC, Euratom: Council and Commission Decision of 18 April 2005 on the conclusion 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, to take account of 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
Date: 2005-04-18
Institutions: Council of the European Union, European Commission
Subjects: Bulgaria, accession to the European Union, association agreement (EU), free circulation, protocol to an agreement, ratification of an agreement, tariff agreement, tariff quota

17.6.2005

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Official Journal of the European Union

L 155/1

II

(Acts whose publication is not obligatory)

COUNCIL AND COMMISSION

COUNCIL AND COMMISSION DECISION

of 18 April 2005

on the conclusion 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, to take account of 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

(2005/430/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

States, of the one part, and the Republic of Bulgaria, of
the other part (2) (hereinafter referred to as the Europe
Agreement), entered into force on 1 February 1995.

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 310 in conjunction with the
second sentence of Article 300(2), first subparagraph and the
second subparagraph of Article 300(3) thereof,

Having regard to the Treaty establishing the European Atomic
Energy Community,

Having regard to the Treaty concerning the accession of the
the Republic of
the Republic of Estonia,
Czech Republic,
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 (here-
inafter referred to as the new Member States) to the European
Union, and in particular Article 6(2) of the Act concerning the
conditions of accession annexed to that Treaty,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament (1),

(2)

(3)

(4)

(5)

Whereas:

the Republic of Latvia,

the Republic of Estonia,

the Czech
The Treaty concerning the accession of
the Republic of
Republic,
the Republic of
Cyprus,
Lithuania,
the Republic of
Malta, the Republic of Poland, the Republic of Slovenia
and the Slovak Republic to the European Union (herein-
after referred to as Treaty of Accession) entered into
force on 1 May 2004.

the Republic of Hungary,

is
An Additional Protocol
necessary to take account of the accession of the 10 new
Member States.

to the Europe Agreement

Consultations on this Additional Protocol have taken
place in accordance with Article 28(2) of the Europe
Agreement, so as to ensure that account is taken of the
mutual interests of the Community and Bulgaria.

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (3).

(1)

The Europe Agreement
establishing an association
between the European Communities and their Member

(6)

The Additional Protocol should therefore be approved,

(1) Assent delivered on 22 February 2005 (not yet published in the

Official Journal).

(2) OJ L 358, 31.12.1994, p. 3, as amended.
(3) OJ L 184, 17.7.1999, p. 23.

L 155/2

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Official Journal of the European Union

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HAVE DECIDED AS FOLLOWS:

Article 4

Article 1

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, to take account of 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 Pola nd, the
Republic of Slovenia, and the Slovak Republic to the European
Union is hereby approved.

The text of the Additional Protocol is attached to this Decision.

Article 2

The Commission shall adopt detailed rules for the implementa-
tion of the Additional Protocol in accordance with the proce-
dure referred to in Article 4(2).

Article 3

1.
The order numbers as attributed to the tariff quotas in
the Annex to this Decision may be changed by the Commission
in accordance with the procedure referred to in Article 4(2).
Tariff quotas with an order number above 09.5100 shall be
the Commission in accordance with
administered
Articles 308a, 308b and 308c of Commission Regulation (EEC)
No 2454/93 of 2 July 1993 laying down provisions for the
implementation of Council Regulation (EEC) No 2913/92
establishing the Community Customs Code (1).

by

2.
Quantities of goods subject to tariff quotas and released
for free circulation as from 1 July 2004 under the concessions
provided for in Annex A(b) of the Protocol approved under
Decision 2003/286/EC (2) shall be fully counted against the
quantities provided for in the fourth column in Annex A(b) to
the Additional Protocol attached to this Decision, except for
quantities for which import licences were issued before 1 July
2004.

1.
The Commission shall be assisted by the Management
Committee for Sugar as set up by Article 42 of Council Regu-
lation (EC) No 1260/2001 of 19 June 2001 on the common
organisation of the markets in the sugar sector (3) or, where
appropriate, by the committee set up by the relevant provisions
of the other Regulations on the common organisation of agri-
cultural markets.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

3.

The Committee shall adopt its Rules of Procedure.

Article 5

The President of the Council is hereby authorised to designate
the person empowered to sign the Additional Protocol on
behalf of the European Community.

Article 6

The President of the Council shall, on behalf of the European
Community and its Member States, give the notification
provided for in Article 9 of the Additional Protocol. The Presi-
dent of the Commission shall give such notification on behalf
of the European Atomic Energy Community.

Done at Luxembourg, 18 April 2005.

For the Council

The President

J. KRECKÉ

For the Commission

The President

J. M. BARROSO

(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

(2) Council Decision 2003/286/EC of 8 April 2003 on the conclusion
of a Protocol adjusting the trade aspects of 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, to take account of the outcome of negotiations
between the Parties on new mutual agricultural concessions (OJ
L 102, 24.4.2003, p. 60).

(3) OJ L 178, 30.6.2001, p. 1.

17.6.2005

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Official Journal of the European Union

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ANNEX

Order numbers for EU tariff quotas for products originating in Bulgaria

(as referred to in Article 3)

Quota Order No

CN code

Description

09.4783

0102 90 05
0102 90 21
0102 90 29
0102 90 41
0102 90 49

Live bovine animals

09.4651

0201
0202

Meat of bovines, fresh, chilled or frozen

09.4671

ex 0203

Meat of domestic swine, fresh, chilled or frozen

0210 11
0210 12
0210 19

1601 00

1602 41
1602 42
1602 49

Meat of swine, salted, in brine, dried or smoked

Sausages and similar products

Prepared and preserved meat, meat offal or blood of swine

09.5854

ex 0207

Meat and edible offal, of the poultry of heading 0105, excluding 0207 27
91, 0207 35 91, 0207 36 89

09.4773

0402 10
0402 21

Milk and cream, in powder or other solid forms

09.4675

0403 10 11

Yoghurt, not flavoured nor containing added fruits, nuts or cocoa

Other, not flavoured nor containing added fruits, nuts or cocoa

0403 10 13
0403 10 19
0403 10 31
0403 10 33
0403 10 39

09.4660

0406

Cheese and curd

09.5891

0407 00 30

Eggs of poultry, in shell, not for hatching

09.6225

0702 00 00

Tomatoes

09.5938

ex 0707 00 05

Cucumbers

— for processing

09.6231

ex 0707 00 05

Cucumbers, fresh or chilled

09.4725

0711 51 00
2003 10 20
2003 10 30

— other than for processing

Mushroom of the genus Agaricus

09.6247

0808 10

Apples, other than cider apples

09.4676

1001

Wheat and meslin

1109 00 00

Wheat gluten

L 155/4

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Official Journal of the European Union

17.6.2005

Quota Order No

CN code

Description

09.5893

1002 00 00

1102 10 00

1103 19 10

1003 20 10

09.5894

1003 00

1102 90 10

1103 19 30

1103 20 20

1004 00 00

1102 90 30

1103 19 40

1103 20 30

1005 10 90
1005 90 00

09.5895

09.4677

Rye

Rye flour

Rye groats and meal

Rye pellets

Barley

Barley flour

Barley groats and meal

Barley pellets

Oats

Oats flour

Groats and meal of oats

Pellets of oats

Maize

09.5941

1006 30

Rice, semi-milled or wholly milled

09.6277

1602 32
1602 39

Prepared or preserved meat of poultry

09.4784

1602 50

Other prepared or preserved meat, meat offal or blood, of bovine animals

09.4785

1701

1702

Sugar

Other sugars