Proposal for a Council Decision amending Annex I to the Act of Accession of Bulgaria and Romania
Date: 2007-04-24
Institutions: European Commission
Subjects: Bulgaria, European convention, Romania, accession to the European Union

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.4.2007 
COM(2007) 204 final 

Proposal for a 

COUNCIL DECISION 

amending Annex I to the Act of Accession of Bulgaria and Romania 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Article  3  (3)  of  the  Act  of  Accession  provides  that  Bulgaria  and  Romania  accede  to  the 
conventions and protocols concluded between the Member States, listed in its Annex I.  

The  list  includes  the  Convention  of  19  June  1980  on  the  law  applicable  to  contractual 
obligations opened for signature in Rome on 19 June 1980, the Convention of 10 April 1984 
on  the  accession  of  the  Hellenic  Republic  to  the  Convention  on  the  law  applicable  to 
contractual obligations, opened for signature in Rome on 19 June 1980, the first Protocol of 
19 December 1988 on the interpretation by the Court of Justice of the European Communities 
of  the  Convention  on  the  law  applicable  to  contractual  obligations,  opened  for  signature  in 
Rome on 19 June 1980, the second Protocol of 19 December 1988 conferring on the Court of 
Justice of the European Communities certain powers to interpret the Convention on the law 
applicable  to  contractual  obligations,  opened  for  signature  in  Rome  on  19  June  1980,  the 
Convention  of  18  May  1992  on  the  accession  of  the  Kingdom  of  Spain  and  the  Portuguese 
Republic  to  the  Convention  on  the  Law  applicable  to  Contractual  Obligations,  opened  for 
signature in Rome on 19 June 1980, the Convention of 29 November 1996 on the accession of 
the  Republic  of  Austria,  the  Republic  of  Finland  and  the  Kingdom  of  Sweden  to  the 
Convention on the Law applicable to Contractual Obligations, opened for signature in Rome 
on 19 June 1980, and to the First and Second Protocols on its interpretation by the Court of 
Justice. 

In  the  period  preceding  the  accession  of  Bulgaria  and  Romania  to  the  European  Union,  the 
Member  States  have  signed  on  14  April  2005  a  Convention  on  the  accession  of  the  Czech 
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, 
to  the  Convention  on  the  law  applicable  to  contractual  obligations  opened  for  signature  in 
Rome  on  19  June  1980,  and  to  the  First  and  Second  Protocols  on  its  interpretation  by  the 
Court of Justice of the European Communities. 

Therefore  it  is  appropriate  to  provide  for  the  accession  of  Bulgaria  and  Romania  to  the 
Convention of 19 June 1980 on the law applicable to contractual obligations as amended by 
the Convention of 14 April 2005 and to that effect, that Convention should be added to Annex 
I of the Act of Accession. 

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Proposal for a 

COUNCIL DECISION 

amending Annex I to the Act of Accession of Bulgaria and Romania 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the European Union, 

Having regard to the Treaty establishing the European Community, 

Having regard to the Act of accession of Bulgaria and Romania, and in particular Article 3(6) 
thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

Article  3(3)  of  the  Act  of  Accession  of  2005  provides  that  Bulgaria  and  Romania 
accede to the conventions and protocols concluded between the Member States, listed 
in its Annex I. 

In the period preceding the accession of Bulgaria and Romania to the European Union, 
the Member States have signed on 14 April 2005 a Convention on the accession of the 
Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia 
and  Slovakia,  to  the  Convention  on  the  law  applicable  to  contractual  obligations 
opened for signature in Rome on 19 June 1980, and to the First and Second Protocols 
on its interpretation by the Court of Justice of the European Communities2.  

It  is  appropriate  to  provide  for  the  accession  of  Bulgaria  and  Romania  to  the  to  the 
Convention  on  the  law  applicable  to  contractual  obligations  opened  for  signature  in 
Rome on 19 June 1980, and to the First and Second Protocols on its interpretation by 
the Court of Justice of the European Communities as amended by the Convention of 
14 April 2005. To that effect, that Convention should be added to Annex I of the Act 
of Accession of 2005, 

HAS DECIDED AS FOLLOWS: 

Annex I to the Act of Accession of 2005 is amended as follows: 

Article 1 

1 
2 

OJ C […], […], p. […]. 
OJ C 169, 08.07.2005, p. 1. 

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In point 1, the following indent is added:  

« 
- Convention  on  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 Convention on the law applicable to contractual obligations opened for 
signature in Rome on 19 June 1980, and to the First and Second Protocols on its interpretation 
by the Court of Justice of the European Communities (OJ C 169, 08.07.2005, p. 1). » 

Article 2 

This  Decision  shall  take  effect  on  the  day  following  that  of  its  publication  in  the  Official 
Journal of the European Union. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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