Proposal for a Council Decision on the conclusion, on behalf of the European Community and its Member States, of a Protocol to the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino, regarding the participation, as contracting parties, of the Republic of Bulgaria and Romania, pursuant to their accession to the European Union
Date: 2007-06-08
Institutions: European Commission
Subjects: San Marino, accession to the European Union, cooperation agreement (EU), customs union, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.6.2007 
COM(2007) 309 final 

2007/0105 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the European Community and its Member States, of a 
Protocol to the Agreement on Cooperation and Customs Union between the European 
Economic Community and the Republic of San Marino, regarding the participation, as 
contracting parties, of the Republic of Bulgaria and Romania, pursuant to their 
accession to the European Union 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The  Agreement  on  Cooperation  and  Customs  Union  between  the  European  Economic 
Community and the Republic of San Marino entered into force on 1 April 2002. 

The Agreement needs to be amended to include the new Member States as contracting parties. 

Following the authorisation given to the Commission on 25 April 2006, negotiations with the 
Republic of San Marino on adaptation of the Agreement have been concluded. 

The legal bases for the proposed Council decision on the conclusion of the Protocol are the 
same as those for the Agreement.  

In accordance with Article 6(2) of the Protocol concerning the conditions and arrangements 
for  admission  of  the  Republic  of  Bulgaria  and  Romania  to  the  European  Union,  the 
Commission is to submit a draft of the Protocol to be concluded to the Council. 

The proposal is that the Council adopt the attached decision on the conclusion of a Protocol to 
the  Agreement  on  Cooperation  and  Customs  Union  between  the  European  Economic 
Community and the Republic of San Marino due to EU enlargement. 

EN 

2 

   EN 

 
2007/0105 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion, on behalf of the European Community and its Member States, of a 
Protocol to the Agreement on Cooperation and Customs Union between the European 
Economic Community and the Republic of San Marino, regarding the participation, as 
contracting parties, of the Republic of Bulgaria and Romania, pursuant to their 
accession to the European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles 133 and 308, in conjunction with the second sentence of Article 300(2) and the first 
subparagraph of Article 300(3) thereof, 

Having regard to the  Protocol  concerning  the conditions and arrangements for admission of 
the Republic of Bulgaria and Romania to the European Union and in particular Article 6(2) 
thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2 

Whereas: 

(1) 

(2) 

Following the authorisation given to the Commission on 25 April 2006, negotiations 
with the Republic of San Marino on a Protocol to the Agreement on Cooperation and 
Customs Union between the European Economic Community and the Republic of San 
Marino, regarding the participation, as contracting parties, of the Republic of Bulgaria 
and Romania, pursuant to their accession to the European Union have been concluded. 

Pursuant  to  Article  6(2)  of  the  Protocol  concerning  the  conditions  and  arrangements 
for  admission  of  the  Republic  of  Bulgaria  and  Romania  to  the  European  Union,  the 
Commission has submitted a draft of the Protocol to the Council. 

(3) 

The Protocol should be concluded, 

1 
2 

OJ C […], […], p. […]. 
EP opinion 

EN 

3 

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HAS DECIDED AS FOLLOWS:  

Article 1 

The  Protocol  to  the  Agreement  on  Cooperation  and  Customs  Union  between  the  European 
Economic  Community  and  the  Republic  of  San  Marino,  regarding  the  participation,  as 
contracting parties, of the Republic of Bulgaria and Romania, pursuant to their accession to 
the European Union (“Protocol”), is hereby approved on behalf of the European Community 
and its Member States. 

The text of the Protocol is attached to this Decision. 

The President of the Council is hereby authorised to designate the person empowered to sign 
the Protocol on behalf of the Community and its Member States. 

Article 2 

Article 3 

The  President  of  the  Council  shall,  on  behalf  of  the  Community  and  its  Member  States, 
transmit the instrument of approval provided for in Article 3 of the Protocol. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

EN 

4 

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. 

1. 

2. 

3. 

4. 

5. 

5.0 

ANNEX  

FINANCIAL STATEMENT 

[…] 

DATE: […] 
APPROPRIATIONS: 
[…] 

BUDGET HEADING 
n.a. 
TITLE: 
Protocol to the Agreement on Cooperation and Customs Union between the European Economic 
Community and the Republic of San Marino, regarding the participation, as contracting parties, of the 
Republic of Bulgaria and Romania, pursuant to their accession to the European Union 
LEGAL BASIS:  
Articles 133 and 308, in conjunction with the second sentence of Article 300(2) and the first 
subparagraph of Article 300(3) of the EC Treaty 
Article 6(2) of the Protocol concerning the conditions and arrangements for admission of the Republic of 
Bulgaria and Romania to the European Union. 

AIMS: 
[…] 
FINANCIAL IMPLICATIONS 

None 

CHARGED TO THE EC BUDGET 

EXPENDITURE 
- 
(REFUNDS/INTERVENTIONS) 
- 
- 

NATIONAL AUTHORITIES 
OTHER 

5.1  REVENUE 

OWN RESOURCES OF THE EC  

- 
(LEVIES/CUSTOMS DUTIES) 
NATIONAL 
- 

5.0.1  ESTIMATED EXPENDITURE 
5.1.1  ESTIMATED REVENUE 
5.2  METHOD OF CALCULATION: 

[…] 

12 MONTH 
PERIOD 

(EUR million) 
[…] 

CURRENT 
FINANCIAL 
YEAR 
[n] 
(EUR million) 
[…] 

FOLLOWING 
FINANCIAL 
YEAR 
[n+1] 
(EUR million) 
[…] 

None 

None 

None 

[…] 

None 

[n+2] 
[…] 
[…] 

[…] 

None 

[…] 

None 

[n+3] 
[…] 
[…] 

[n+4] 
[…] 
[…] 

[n+5] 
[…] 
[…] 

6.0  CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE 

RELEVANT CHAPTER OF THE CURRENT BUDGET? 

6.1  CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF 

THE CURRENT BUDGET? 

6.2  WILL A SUPPLEMENTARY BUDGET BE NECESSARY? 
6.3  WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? 
OBSERVATIONS: 
[…] 

YES  

 NO 
 NO 
 NO 

EN 

5 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PROTOCOL TO THE AGREEMENT ON Cooperation and Customs Union BETWEEN THE 
EUROPEAN economic COMMUNITY and the republic of san marino, regarding the 
participation, as contracting parties, of the REPUBLIC OF BULGARIA AND ROMANIA, 
pursuant to their accession to the European Union 

the  Kingdom  of  Belgium,  THE  REPUBLIC  OF  BULGARIA,  the  Czech  Republic,  the 
Kingdom of DENMARK, the Federal Republic OF Germany, the Republic of ESTONIA, the 
Hellenic REPUBLIC, the Kingdom of SPAIN, the French REPUBLIC, Ireland, the ITALIAN 
Republic, the REPUBLIC of Cyprus, the REPUBLIC of Latvia, the REPUBLIC of Lithuania, 
the  Grand  DUCHY  of  Luxembourg,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the 
KINGDOM  of  the  Netherlands,  the  Republic  of  Austria,  the  Republic  of  Poland,  the 
PORTUGUESE Republic, ROMANIA, the Republic of Slovenia, the Slovak REPUBLIC, the 
Republic  of  FINLAND,  the  Kingdom  of  Sweden  and  the  United  Kingdom  of  Great  Britain 
and Northern Ireland (the “Member States”) 

represented by the Council of the European Union, 

and 

the European Community, 

also represented by the Council of the European Union, 

of the one part, 

and 

THE REPUBLIC OF SAN MARINO, 

of the other part, 

HAVING  REGARD  TO  the  Agreement  on  Cooperation  and  Customs  Union  between  the 
European Economic Community and the Republic of San Marino of 16 December 1991 (“the 
Agreement”), which entered into force on 1 April 2002, 

HAVING  REGARD  TO  the  accession  of  the  Republic  of  Bulgaria  and  Romania  (“the  new 
Member States”) to the European Union on 1 January 2007, 

WHEREAS the new Member States are to become contracting parties to the Agreement, 

WHEREAS  the  Treaty  of  Accession  empowers  the  Council  of  the  European  Union  to 
conclude, on behalf of the present Member States and the new Member States, a protocol on 
the accession of the new Member States to the Agreement, 

HAVE AGREED AS FOLLOWS: 

EN 

Article 1 

6 

   EN 

 
 
 
 
 
 
The  new  Member  Sates  hereby  become  contracting  parties  to  the  Agreement.  In  the  same 
manner as the present Member States, they shall adopt and take note of the Agreement and of 
the Declarations annexed to it. 

This Protocol shall be an integral part of the Agreement. 

Article 2 

Article 3 

1. 

2. 

This Protocol shall be approved by the Council of the European Union, on behalf of 
the  Member  States  and  the  European  Community,  and  by  the  Republic  of  San 
Marino in accordance with their own procedures. 

The  Parties  shall  notify  each  other  of  the  completion  of  these  procedures.  The 
instruments  of  approval  shall  be  deposited  with  the  General  Secretariat  of  the 
Council of the European Union. 

This  Protocol  shall  enter  into  force  on  the  first  day  of  the  first  month  following  the  date  of 
deposit of the last instrument of approval. 

Article 4 

Article 5 

The texts of the Agreement and the Declarations annexed to it, are drawn up in the Bulgarian 
and Romanian languages. 

They  are  annexed  to  this  Protocol  and  are  equally  authentic  with  the  texts  in  the  other 
languages in which the Agreement and the Declarations annexed to it are drawn up. 

Article 6 

This  Protocol  is  drawn  up  in  duplicate,  in  the  Bulgarian,  Czech,  Danish,  Dutch,  English, 
Estonian, Finnish, French, German, Greek, Hungarian, Icelandic, Italian, Latvian, Lithuanian, 
Maltese, Norwegian, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish 
languages each of these texts being equally authentic.  

Done at … on the…… day … of ….in the year two thousand and seven. 

For the Council of the European Union 

[ ... ] 

For the Republic of San Marino 

[ ... ] 

EN 

7 

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