2005/431/EC, Euratom: Council and Commission Decision of 25 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 Romania, 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: 2005-04-25
Institutions: Council of the European Union, European Commission
Subjects: Romania, accession to the European Union, association agreement (EU), originating product, protocol to an agreement, tariff agreement, tariff quota

L 155/26

EN

Official Journal of the European Union

17.6.2005

COUNCIL AND COMMISSION DECISION

of 25 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 Romania, 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

(2005/431/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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
Czech Republic,
the Republic of
the Republic of Estonia,
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,

(3)

(4)

(5)

An Additional Protocol
is
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 Romania.

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).

(6)

The Additional Protocol should therefore be approved,

HAVE DECIDED AS FOLLOWS:

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

Article 1

Whereas:

(1)

(2)

The Europe Agreement
establishing an association
between the European Communities and their Member
States, of the one part, and Romania, of the other part
(hereinafter referred to as ‘the Europe Agreement’) (2),
was signed in Brussels on 1 February 1993 and entered
into force on 1 February 1995.

the Republic of Latvia,

the Republic of Estonia,

the Republic of Hungary,

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 ‘the Treaty of Accession’), was signed
in Athens on 16 April 2003 and entered into force on 1
May 2004.

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

Official Journal).

The Additional Protocol to the Europe Agreement establishing
an association between the European Communities and their
Member States, of the one part, and Romania, 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, 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).

(2) OJ L 357, 31.12.1994, p. 2, as amended.

(3) OJ L 184, 17.7.1999, p. 23.

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L 155/27

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
administered by the Commission in accordance with Articles
308a, 308b and 308c of Commission Regulation (EEC) No
2454/93 of 2 July 1993 laying down provisions for the imple-
mentation of Council Regulation (EEC) No 2913/92 estab-
lishing the Community Customs Code (1).

Quantities of goods subject to tariff quotas and released
2.
for free circulation as from 1 July 2004 under the concessions
provided for in Annex A(b) to the Protocol approved under
Decision 2003/18/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.

Article 4

1.
The Commission shall be assisted by the Management
Committee for Sugar as set up in 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 instituted by the relevant provi-
sions of the other Regulations on the common organisation of
agricultural markets.

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

The period laid down in Article 4(3) of Council 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, 25 April 2005.

For the Council

The President

J. ASSELBORN

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 2003/18/EC of 19 December 2002 concerning
the conclusion of a Protocol adjusting the trade aspects of the
Europe Agreement establishing an association between the Euro-
pean Communities and their Member States, of the one part, and
Romania, of the other part, to take account of the outcome of nego-
tiations between the Parties on new mutual agricultural concessions
(OJ L 8, 14.1.2003, p. 18).
(3) OJ L 178, 30.6.2001, p. 1.

L 155/28

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Official Journal of the European Union

17.6.2005

ANNEX

Order numbers for EU tariff quotas for products originating in Romania

(as referred to in Article 3)

Quota Order No

CN code

Description

Live bovine animals

09.4769

0102 90 05
0102 90 21
0102 90 29
0102 90 41
0102 90 49
0102 90 51
0102 90 59
0102 90 61
0102 90 71

09.4753

0201
0202

Meat of bovines, fresh, chilled or frozen

09.4756

ex 0203

Meat of domestic swine, fresh, chilled or frozen

0210 11
0210 12
0210 19

09.4765

0206 10 95

Fresh or chilled edible bovine thick and thin skirt

0206 29 91

Frozen edible bovine thick and thin skirt

0210 20

Meat of bovine animals, salted, in brine, dried or smoked

0210 99 51

Thick and thin skirt of bovine animals

09.5855

0207

Meat and edible offal, of the poultry of heading 0105

09.4771

09.4772

0402 10 19
0402 21 11
0402 21 19
0402 21 91

0403 10 11 to
0403 10 39

0403 90 11 to
0403 90 69

Milk and cream, in powder or other solid forms

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

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

09.4758

0406

Cheese and curd

09.5835

0407 00 11
0407 00 19
0407 00 30

Birds eggs in shell

0408

Birds eggs not in shell

09.6101

0702 00 00

Tomatoes

09.5837

0707 00 05

Cucumbers

— for processing

09.5839

0707 00 05

Cucumbers

09.4726

0711 51 00
2003 10 20
2003 10 30

— other than for processing

Mushroom of the genus Agaricus

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L 155/29

Quota Order No

CN code

Description

09.6119

0808 10 20
0808 10 50
0808 10 90

Apples, other than cider apples

09.4766

1001

Wheat and meslin

09.5841

1003 00

09.5843

1102 90 10

1103 19 30

1103 20 20

1004 00 00

1102 90 30

1103 19 40

1103 20 30

Barley

Barley flour

Barley groats and meal

Barley pellets

Oats

Oats flour

Groats and meal of oats

Pellets of oats

09.5871

1005 10 90

Maize seed, other than hybrid seed

09.4767

1005 90 00

Maize, other than seed

09.5872

1101

1103 11

Wheat and meslin flour

Wheat groats and meal

1103 20 60

Wheat pellets

09.5873

1107

Malt

Prepared or preserved meat of poultry

Preserved meat of domestic swine

09.6139

09.4752

1602 31
1602 32
1602 39

1602 41 10
1602 42 10
1602 49 11
1602 49 13
1602 49 15
1602 49 19
1602 49 30
1602 49 50

09.4768

1602 50

Prepared or preserved meat or offal of bovine animals

09.5844

09.5545

1701

1702

2003 10 20
2003 10 30

Sugar

Other sugars

Mushrooms of the genus Agaricus