Proposal for a Council Decision on the signing and the provisional application of the agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements
Date: 2007-06-12
Institutions: European Commission
Subjects: Bulgaria, EFTA countries, European Economic Area, Romania, agreement (EU), signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.6.2007 
COM(2007) 333 final 

2007/0115 (AVC) 

Proposal for a 

COUNCIL DECISION 

on the signing and the provisional application of the agreement on the participation of 
the Republic of Bulgaria and Romania in the European Economic Area and four related 
agreements 

Proposal for a 

COUNCIL DECISION 

on the conclusion of an Agreement on the participation of the Republic of Bulgaria and 
Romania in the European Economic Area and four related agreements 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Following their accession to the European Union, Bulgaria and Romania also had to become 
contracting parties to the Agreement on the European Economic Area, EEA. The modalities 
for  this  have  been  negotiated  by  the  Commission  on  behalf  of  the  Community  and  the 
Member States with the new Member States Bulgaria and Romania and with the EEA EFTA 
States Iceland, Liechtenstein and Norway. The EEA enlargement negotiations were officially 
launched on 6 July 2006 and concluded on 29 March 2007.  

The  main  Agreement  on  the  participation  of  Bulgaria  and  Romania  in  the  EEA  defines  the 
amendments  to  the  EEA  Agreement  in  the  context  of  EEA  enlargement.  The  bulk  of  the 
amendments originate from the Treaty of Accession. The arrangements for the application of 
Community  acquis  by  the  Acceding  Countries  upon  accession  to  the  EU,  such  as  technical 
adaptations  and  transition  periods,  which  have  been  agreed  in  the  EU  enlargement 
negotiations, are taken over from the Act of Accession in the EEA Agreement.  

Aside  from  the  technical  adaptations,  the  EEA  enlargement  agreement  for  Bulgaria  and 
Romania has been negotiated on the basis that any substantial modalities, notably concerning 
financial contributions and fish concessions, should be agreed only for the remainder of the 5 
year period that was negotiated in the context of the 2004 EU/EEA enlargement, i.e. from 1 
January 2007 to 30 April 2009. 

On that basis, it has been agreed that the EEA EFTA States will provide 21.5 million euro for 
Bulgaria  and  50.5  million  euro  for  Romania  through  the  EEA  financial  mechanism  from  1 
January 2007 to 30 April 2009, when the current financial mechanisms expire, and Norway 
will  provide  20  million  euro  for  Bulgaria  and  48  million  euro  for  Romania  as  additional 
bilateral  financial  contributions  over  the  same  period.  In  return,  it  is  proposed  that  the 
Community grant Norway and Iceland a number of concessions in the field of fisheries, also 
limited in time until 30 April 2009.  

The  bilateral  Norwegian  financial  contributions  to  Bulgaria  and  Romania,  respectively,  as 
well as the EC-Norway and EC-Iceland fish agreements are separate agreements, but integral 
parts  of  the  EEA  enlargement  package,  thus  consisting  of  the  EEA  enlargement  agreement 
and four related agreements. 

As the negotiations suffered unfortunate delays and were not concluded until 29 March 2007, 
it  is  necessary  for  the  good  functioning  of  the  EEA  Agreement  to  ensure  that  the  EEA 
enlargement  agreement  enters  into  force  as  soon  as  possible,  and  therefore  a  provisional 
application is proposed. 

Among the various declarations included in the final act of the agreement it is worth noting 
that  all  parties  declare  not  to  have  any  claims  in  the  fields  of  agriculture  and  processed 
agricultural products. 

It is proposed that the Council adopt the attached draft Council decisions on the signing and 
the provisional application as well as the conclusion of the agreement on the participation of 
the  Republic  of  Bulgaria  and  Romania  in  the  European  Economic  Area  and  four  related 
agreements. 

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Proposal for a 

COUNCIL DECISION 

on the signing and the provisional application of the agreement on the participation of 
the Republic of Bulgaria and Romania in the European Economic Area and four related 
agreements 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to  the Act annexed  to the  Treaty of Accession, and in particular Article  6(2) 
thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

Pursuant  to  Article  128  of  the  Agreement  on  the  European  Economic  Area  (“EEA”) 
and in light of their accession to the EU, the Republic of Bulgaria and Romania ("EEA 
Applicant Countries") applied to become Contracting Parties to the EEA Agreement.  

To  this  end,  the  Commission  has  negotiated,  on  behalf  of  the  European  Community 
and its Member States, an Agreement with the Republic of Iceland, the Principality of 
Liechtenstein,  the  Kingdom  of  Norway  and  the  EEA  Applicant  Countries  on  the 
participation of the latter in the EEA and four related agreements, being: 

(i)  Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European 
Community and Norway concerning a Cooperation Programme for Economic 
Growth and Sustainable Development in Bulgaria; 

(ii)  Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European 
Community and Norway concerning a Cooperation Programme for Economic 
Growth and Sustainable Development in Romania; 

(iii)  Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community  and  the  Republic  of  Iceland  consequent  on  the  accession  of  the 
Republic of Bulgaria and Romania to the European Union; and 

1 

OJ C […], […], p. […]. 

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(iv)  Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community  and  the  Kingdom  of  Norway  consequent  on  the  accession  of  the 
Republic of Bulgaria and Romania to the European Union. 

(3) 

(4) 

Subject  to  their  possible  conclusion  at  a  later  date,  the  five  agreements  should  be 
signed. 

Pending  the  completion  of  the  procedures  required  to  bring  them  into  force  and  in 
order  to  maintain  the  good  functioning  of  the  internal  market  within  the  European 
Economic Area, the five agreements should be applied on a provisional basis pursuant 
to an exchange of letters between the European Community, the Republic of Iceland, 
the Principality of Liechtenstein and the Kingdom of Norway, respectively. 

HAS DECIDED AS FOLLOWS:  

The  signing,  on  behalf  of  the  European  Community,  of  the  following  agreements  is  hereby 
approved, subject to the Council Decision concerning their conclusion: 

Article 1 

– 

– 

– 

– 

– 

Agreement  between  the  European  Community,  the  Republic  of  Iceland,  the 
Principality of Liechtenstein, the Kingdom of Norway and the EEA Applicant 
Countries, on the participation of the latter in the European Economic Area, 

Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European 
Community and Norway concerning a Cooperation Programme for Economic 
Growth and Sustainable Development in Bulgaria; 

Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European 
Community and Norway concerning a Cooperation Programme for Economic 
Growth and Sustainable Development in Romania; 

Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community  and  the  Republic  of  Iceland  consequent  on  the  accession  of  the 
Republic of Bulgaria and Romania to the European Union; and 

Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community  and  the  Kingdom  of  Norway  consequent  on  the  accession  of  the 
Republic of Bulgaria and Romania to the European Union. 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign these agreements on behalf of the European Community. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign,  on  behalf  of  the  European  Community,  an  exchange  of  letters  between  the  European 
Community  and  the  Republic  of  Iceland,  the  Principality  of  Liechtenstein  and  Norway, 
respectively, in order that, pending their entry into force, the above agreements are applied on 

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a provisional basis from the date of accession of the Republic of Bulgaria and Romania to the 
EU. 

However, the provisions of the Additional Protocol to the Agreement between the European 
Economic Community and the Republic of Iceland consequent on the accession of Bulgaria 
and  Romania  to  the  European  Union  and  of  the  Additional  Protocol  to  the  Agreement 
between the European Economic Community and the Kingdom of Norway consequent on the 
accession of the Republic of Bulgaria and Romania to the European Union in relation to new 
and  modified  tariff  quotas  applicable  to  imports  into  the  Community  of  certain  fish  and 
fishery  products  originating  in  Iceland  and  Norway  shall  apply  from  the  first  day  of  the 
second  month  following  the  date  on  which  the  last  of  the  exchanges  of  letters  has  been 
completed. 

Article 3 

The texts of the EEA Enlargement Agreement and the four related agreements as well as the 
exchange of letters are attached to this Decision. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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2007/0115 (AVC) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of an Agreement on the participation of the Republic of Bulgaria and 
Romania in the European Economic Area and four related agreements 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission2, 

Having regard to the assent of the European Parliament3, 

Whereas: 

(1) 

The  following  agreements  were  signed,  on  behalf  of  the  European  Community,  on 
[…]  subject  to  their  possible  conclusion  at  a  later  date,  in  accordance  with  Decision 
…/…./EC of the Council of […]4: 

– 

– 

– 

– 

Agreement  between  the  European  Community,  the  Republic  of  Iceland,  the 
Principality  of  Liechtenstein,  the  Kingdom  of  Norway  and  the  Republic  of 
Bulgaria and Romania ("EEA Applicant Countries"), on the participation of the 
Acceding Countries in the European Economic Area, 

Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European 
Community and Norway concerning a Cooperation Programme for Economic 
Growth and Sustainable Development in Bulgaria; 

Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European 
Community and Norway concerning a Cooperation Programme for Economic 
Growth and Sustainable Development in Romania; 

Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community  and  the  Republic  of  Iceland  consequent  on  the  accession  of  the 
Republic of Bulgaria and Romania to the European Union; and 

2 
3 
4 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

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– 

Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community  and  the  Kingdom  of  Norway  consequent  on  the  accession  of  the 
Republic of Bulgaria and Romania to the European Union. 

(2) 

These agreements should be approved, 

HAS DECIDED AS FOLLOWS:  

Article 1 

1. 

The  following  agreements  are  hereby  approved  on  behalf  of  the  European 
Community: 

– 

– 

– 

– 

– 

Agreement  between  the  European  Community,  the  Republic  of  Iceland,  the 
Principality of Liechtenstein, the Kingdom of Norway and the EEA Applicant 
Countries, on the participation of the latter in the European Economic Area, 

Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European 
Community and Norway concerning a Cooperation Programme for Economic 
Growth and Sustainable Development in Bulgaria; 

Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European 
Community and Norway concerning a Cooperation Programme for Economic 
Growth and Sustainable Development in Romania; 

Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community  and  the  Republic  of  Iceland  consequent  on  the  accession  of  the 
Republic of Bulgaria and Romania to the European Union; and 

Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community  and  the  Kingdom  of  Norway  consequent  on  the  accession  of  the 
Republic of Bulgaria and Romania to the European Union. 

2. 

The texts of the agreements are attached to this decision. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  empowered  to 
deposit on behalf of the European Community the act of approval provided for in each of the 
agreements, in order to express the consent of the Community to be bound. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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ANNEX 1:  

Agreement on the participation of the Republic of Bulgaria and Romania in the 
European Economic Area four related agreements 

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ANNEX 2: 

AGREEMENTS 

in the form of an exchange of letters 

concerning the provisional application of the Agreement on the participation of the Republic 
of Bulgaria and Romania in the European Economic Area and the provisional application of 
four related agreements 

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A: 

Letter of the European Community to the Republic of Iceland 

Sir, 

With  reference  to  the  Agreement  on  the  participation  of  the  Republic  of  Bulgaria  and 
Romania in the European Economic Area (“EEA Enlargement Agreement”) and four related 
agreements,  I  have  the  honour  to  inform  you  that  the  European  Community  is  prepared  to 
apply  the  EEA  Enlargement  Agreement  and  the  Additional  Protocol  to  the  Agreement 
between the European Economic Community and the Republic of Iceland consequent on the 
accession of the Republic of Bulgaria and Romania to the European Union, on a provisional 
basis, from the date of accession, provided that the Republic of Iceland is disposed to do the 
same. 

I should be obliged if you could confirm the Republic of Iceland’s agreement to the content of 
this letter. 

Please accept, Sir, the assurance of my highest consideration 

For the European Community 

B: 

Letter of the Republic of Iceland to the European Community 

Sir, 

I have the honour to acknowledge receipt of and confirm the Republic of Iceland’s agreement 
with your letter of today’s date, which reads as follows: 

“With  reference  to  the  Agreement  on  the  participation  of  the  Republic  of  Bulgaria 
and Romania in the European Economic Area (“EEA Enlargement Agreement”) and 
four  related  agreements,  I  have  the  honour  to  inform  you  that  the  European 
Community  is  prepared  to  apply  the  EEA  Enlargement  Agreement  and  the 
Additional Protocol to the Agreement between the European Economic Community 
and the Republic of Iceland consequent on the accession of the Republic of Bulgaria 
and  Romania  to  the  European  Union,  on  a  provisional  basis,  from  the  date  of 
accession, provided that the Republic of Iceland is disposed to do the same.” 

Please accept, Sir, the assurance of my highest consideration 

For the Republic of Iceland 

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C: 

Letter of the European Community to Principality of Liechtenstein 

Sir, 

With  reference  to  the  Agreement  on  the  participation  of  the  Republic  of  Bulgaria  and 
Romania  in  the  European  Economic  Area  (“EEA  Enlargement  Agreement”),  I  have  the 
honour  to  inform  you  that  the  European  Community  is  prepared  to  apply  the  EEA 
Enlargement Agreement and four related agreements on a provisional basis, from the date of 
accession, provided that the Principality of Liechtenstein is disposed to do the same. 

I should be obliged if you could confirm the Principality of Liechtenstein’s agreement to such 
provisional application. 

Please accept, Sir, the assurance of my highest consideration 

For the European Community 

D: 

Letter of the Principality of Liechtenstein to the European Community 

Sir, 

I have the honour to acknowledge receipt of and confirm the Principality of Liechtenstein’s 
agreement with your letter of today’s date, which reads as follows: 

“With  reference  to  the  Agreement  on  the  participation  of  the  Republic  of  Bulgaria 
and  Romania  in  the  European  Economic  Area  (“EEA  Enlargement  Agreement”),  I 
have the honour to inform you that the European Community is prepared to apply the 
EEA  Enlargement  Agreement  and  four  related  agreements  on  a  provisional  basis, 
from the date of accession, provided that the Principality of Liechtenstein is disposed 
to do the same.” 

Please accept, Sir, the assurance of my highest consideration 

For the Principality of Liechtenstein 

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E. 

Letter of the European Community to the Kingdom of Norway 

Sir, 

With  reference  to  the  Agreement  on  the  participation  of  the  Republic  of  Bulgaria  and 
Romania in the European Economic Area (“EEA Enlargement Agreement”) and four related 
agreements,  I  have  the  honour  to  inform  you  that  the  European  Community  is  prepared  to 
apply the EEA Enlargement Agreement and the following three related agreements: 

– 

– 

– 

Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European 
Community and Norway concerning a Cooperation Programme for Economic 
Growth and Sustainable Development in Bulgaria; 

Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European 
Community and Norway concerning a Cooperation Programme for Economic 
Growth and Sustainable Development in Romania; 

Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community  and  the  Kingdom  of  Norway  consequent  on  the  accession  of  the 
Republic of Bulgaria and Romania to the European Union. 

on a provisional basis, from the date of accession, provided that the Kingdom of Norway is 
disposed to do the same. 

I  should  be  obliged  if  you  could  confirm  the  Kingdom  of  Norway’s  agreement  to  such 
provisional application. 

Please accept, Sir, the assurance of my highest consideration 

For the European Community 

F: 

Letter of the Kingdom of Norway to the European Community 

Sir, 

I  have  the  honour  to  acknowledge  receipt  of  and  confirm  the  Kingdom  of  Norway’s 
agreement with your letter of today’s date, which reads as follows: 

“With  reference  to  the  Agreement  on  the  participation  of  the  Republic  of  Bulgaria 
and Romania in the European Economic Area (“EEA Enlargement Agreement”) and 
four  related  agreements,  I  have  the  honour  to  inform  you  that  the  European 
Community is prepared to apply the EEA Enlargement Agreement and the following 
three related agreements: 

– 

– 

Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European 
Community and Norway concerning a Cooperation Programme for Economic 
Growth and Sustainable Development in Bulgaria; 

Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European 
Community and Norway concerning a Cooperation Programme for Economic 
Growth and Sustainable Development in Romania; 

EN 

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– 

Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community  and  the  Kingdom  of  Norway  consequent  on  the  accession  of  the 
Republic of Bulgaria and Romania to the European Union. 

on  a  provisional  basis,  from  the  date  of  accession,  provided  that  the  Kingdom  of 
Norway is disposed to do the same.” 

Please accept, Sir, the assurance of my highest consideration 

For the Kingdom of Norway 

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AGREEMENT 
ON THE PARTICIPATION OF THE REPUBLIC OF BULGARIA AND ROMANIA  
IN THE EUROPEAN ECONOMIC AREA 

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THE EUROPEAN COMMUNITY  

THE KINGDOM OF BELGIUM, 

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, 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

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THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

hereinafter referred to as "EC Member States", 

ICELAND, 

THE PRINCIPALITY OF LIECHTENSTEIN, 

THE KINGDOM OF NORWAY, 

hereinafter referred to as "EFTA States", 

together hereinafter referred to as "Present Contracting Parties", 

and 

THE REPUBLIC OF BULGARIA, 

ROMANIA, 

WHEREAS  the  Treaty  concerning  the  accession  of  the  Republic  of  Bulgaria  and  Romania  to  the 
European Union (hereinafter referred to as the "Treaty of Accession") was signed in Luxembourg 
on 25 April 2005; 

WHEREAS, pursuant to Article 128 of the Agreement on the European Economic Area, signed at 
Oporto on 2 May 1992, any European State becoming a member of the Community shall apply to 
become a Party to the Agreement on the European Economic Area (hereinafter referred to as "EEA 
Agreement"); 

WHEREAS the Republic of Bulgaria and Romania have applied to become Contracting Parties to 
the EEA Agreement; 

WHEREAS the terms and conditions for such participation are to be the subject of an Agreement 
between the Present Contracting Parties and the applicant States, 

HAVE DECIDED to conclude the following Agreement: 

Article 1 

1. 

2. 

The  Republic  of  Bulgaria  and  Romania  hereby  become  Contracting  Parties  to  the 
EEA Agreement and shall hereinafter be referred to as the "New Contracting Parties". 

From  the  entry  into  force  of  this  Agreement,  the  provisions  of  the  EEA  Agreement,  as 
amended  by  the  Decisions  of  the  EEA  Joint  Committee  adopted  before  1  October  2004, 
shall  be  binding  on  the  New  Contracting  Parties  under  the  same  conditions  as  on  the 
Present  Contracting  Parties  and  under  the  terms  and  conditions  laid  down  in  this 
Agreement. 

3. 

The Annexes to this Agreement form an integral part of this Agreement. 

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Article 2 

1. 

ADJUSTMENTS TO THE MAIN TEXT OF THE EEA AGREEMENT 

(a)  Preamble: 

The list of Contracting Parties shall be replaced with the following: 

"THE EUROPEAN COMMUNITY, 

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, 

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THE PORTUGUESE REPUBLIC, 

ROMANIA 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

AND 

ICELAND, 

THE PRINCIPALITY OF LIECHTENSTEIN, 

THE KINGDOM OF NORWAY,"; 

(b)  Article 2: 

(i) 

In paragraph (b), the words “Republic of” shall be deleted; 

(ii)  The following shall be added after paragraph (d): 

"(e) 

(f) 

the  term  "Act  of  Accession  of  25  April  2005"  shall  mean  the  Act 
concerning  the  conditions  of  accession  of  the  Republic  of  Bulgaria  and 
Romania  and  the  adjustments  to  the  Treaties  on  which  the  European 
Union is founded, adopted in Luxembourg on 25 April 2005; 

the  term  "Protocol  of  Accession  of  25  April  2005"  shall  mean  the 
Protocol  concerning  the  conditions  and  arrangements  for  admission  of 
the Republic of Bulgaria and Romania to the European Union, adopted in 
Luxembourg on 25 April 2005."; 

(c)  Article 117: 

The text of Article 117 shall be replaced by the following: 

"Provisions governing the Financial Mechanisms are set out in Protocol 38, Protocol 38a 
and Addendum to Protocol 38a."; 

(d)  Article 126: 

In paragraph 1, the words “Republic of” shall be deleted; 

(e)  Article 129: 

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(i)  The  second  subparagraph  of  paragraph  1  shall  be  replaced  by  the  following:

"Pursuant to the enlargements of the European Economic Area the versions of 
this  Agreement  in  the  Bulgarian,  Czech,  Estonian,  Hungarian,  Latvian, 
Lithuanian, Maltese, Polish, Romanian, Slovak and Slovenian languages shall 
be equally authentic."; 

(ii) 

the third subparagraph of paragraph 1 shall be replaced by the following: 

"The  texts  of  the  acts  referred  to  in  the  Annexes  are  equally  authentic  in  the 
Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, 
Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish,  Portuguese, 
Romanian, Slovak, Slovenian, Spanish and Swedish languages as published in 
the  Official  Journal  of  the  European  Union  and  shall  for  the  authentication 
thereof be drawn up in the Icelandic and Norwegian languages and published 
in the EEA Supplement to the Official Journal of the European Union.". 

2. 

ADJUSTMENTS TO PROTOCOLS TO THE EEA AGREEMENT 

(a)  Protocol 4 on rules of origin shall be amended as follows: 

i. 

In Article 3(1), the reference to the New Contracting Parties shall be deleted. 

ii.  Annex IVa (Text of the invoice declaration) shall be amended as follows: 

(aa)  The following shall be inserted before the Spanish version of the text of 

the invoice declaration: 

‘Bulgarian version 

Износителят  на  продуктите,  обхванати  от  този  документ  (митническо 
разрешение  №  …  (1))  декларира,  че  освен  кьдето  е  отбелязано  друго,  тези 
продукти са с преференциален произход … (2).’; 

(bb)  The following shall be inserted before the Slovenian version of the text 

of the invoice declaration: 

‘Romanian version 

Exportatorul  produselor  ce  fac  obiectul  acestui  document  (autorizaţia  vamală  nr. 
…(1))  declară  că,  exceptând  cazul  în  care  în  mod  expres  este  indicat  altfel,  aceste 
produse sunt de origine preferenţială … (2).’; 

iii.  Annex  IVb  (Text  of  the  invoice  declaration  EUR-MED)  shall  be  amended  as 

follows: 

(aa)  The following shall be inserted before the Spanish version of the text of 

the invoice declaration EUR-MED: 

EN 

19 

   EN 

 
   
 
 
‘Bulgarian version 

Износителят 
документ 
(митническоразрешение  №  …  (1))  декларира,  че  освен  кьдето  е  отбелязано 
друго, тези продукти са с преференциален произход … (2). 

продуктите, 

обхванати 

този 

на 

от 

– 

– 

cumulation applied with ……..(name of the country/countries)  

no cumulation applied (3)’; 

(bb)  The following shall be inserted before the Slovenian version of the text 

of the invoice declaration EUR-MED: 

‘Romanian version 

Exportatorul  produselor  ce  fac  obiectul  acestui  document  (autorizaţia  vamală  nr. 
…(1))  declară  că,  exceptând  cazul  în  care  în  mod  expres  este  indicat  altfel,  aceste 
produse sunt de origine preferenţială … (2). 

– 

– 

cumulation applied with ……..(name of the country/countries)  

no cumulation applied (3)’; 

(b)  Protocol 38a shall be amended as follows: 

In Article 4(3), the word “shall” shall be replaced by the word “may”. 

(c)  The following shall be added to Protocol 38a: 

‘Addendum to Protocol 38A 

ON THE EEA FINANCIAL MECHANISM FOR THE REPUBLIC OF BULGARIA AND 
ROMANIA 

Article 1 

1. 

2. 

3. 

4. 

Protocol 38a shall apply mutatis mutandis to the Republic of Bulgaria and Romania. 

Notwithstanding paragraph 1, Article 6 of Protocol 38a shall not apply. No reallocation to 
any other Beneficiary State shall be applicable in case of available non-committed funds of 
Bulgaria and Romania.  

Notwithstanding paragraph 1, Article 7 of Protocol 38a shall not apply. 

Notwithstanding paragraph 1, contributions to non-governmental organisations and social 
partners may be up to 90 percent of project costs. 

EN 

20 

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Article 2 

The additional amounts of the financial contribution for the Republic of Bulgaria and Romania shall 
be  EUR  21.5  million  for  the  Republic  of  Bulgaria  and  EUR  50.5  million  for  Romania  over  the 
period  running  from  1  January  2007  to  30  April  2009,  inclusive;  they  shall  be  made  available  as 
from the date of entry into force of the Agreement on the Participation of the Republic of Bulgaria 
and  Romania  in  the  European  Economic  Area  or  of  an  agreement  to  apply  the  Agreement 
provisionally and be provided for commitment in a single tranche in 2007 .’ 

(a) 

the text of Protocol 44 shall be replaced by the following: 

“ON SAFEGUARD MECHANISMS PURSUANT TO ENLARGEMENTS OF THE EUROPEAN 
ECONOMIC AREA 

1. 

Application  of  Article  112  of  the  Agreement  to  the  General  Economic  Safeguard  Clause 
and the safeguard mechanisms contained in certain transitional arrangements in the Field 
of Free Movement of Persons and Road Transport 

Article 112 of the Agreement shall be applicable also to the situations specified or referred 
to 

(a) 

(b) 

in the provisions of Article 37 of the Act of Accession of 16 April 2003, and of 
Article 36 of the Act of Accession of 25 April 2005 or, as the case may be, of 
the Protocol of Accession of 25 April 2005, and 

in the safeguard mechanisms contained in the transitional arrangements under 
the headings "Transition period" in Annex V (Free movement of workers) and 
Annex  VIII  (Right  of  establishment),  in  point  30  (Directive  96/71/EC  of  the 
European Parliament and of the Council) of Annex XVIII (Health and safety at 
work,  labour  law,  and  equal  treatment  for  men  and  women)  and  in  point  26c 
(Council  Regulation  (EEC)  No  3118/93)  of  Annex  XIII  (Transport)  with  the 
same time limits, scope and effects as set out in those provisions. 

2. 

Internal Market Safeguard Clause 

The general decision making procedure provided for by the Agreement shall be applicable 
also to decisions taken by the Commission of the European Communities in application of 
Article  38  of  the  Act  of  Accession  of  16  April  2003,  and  of  Article  37  of  the  Act  of 
Accession  of  25  April  2005  or,  as  the  case  may  be,  of  the  Protocol  of  Accession  of  25 
April 2005.”. 

Article 3 

1. 

All  amendments  to  acts  adopted  by  the  Community  institutions  incorporated  into  the 
EEA Agreement, made by the Act concerning the conditions of accession of the Republic 
of Bulgaria and Romania and the adjustments to the Treaties on which the European Union 
is founded or, as the case may be, the Protocol concerning the conditions and arrangements 

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2. 

"– 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

for admission of the Republic of Bulgaria and Romania to the European Union , are hereby 
incorporated into and made part of the EEA Agreement. 

To this end, the following indent is introduced in the points of the Annexes and Protocols 
to  the  EEA  Agreement  containing  the  references  to  the  acts  adopted  by  the  Community 
institutions concerned: 

1  2005  SA:  Act  concerning  the  conditions  of  accession  of  the  Republic  of  Bulgaria  and 
Romania  and  the  adjustments  to  the  Treaties  on  which  the  European  Union  is  founded, 
adopted on 25 April 2005 (OJ L 157, 21.6.2005, p. 203).". 

If and as soon as the Treaty establishing a Constitution for Europe has entered into force, 
the following indent shall replace the indent referred to in paragraph 2: 

"– 

1 2005 SP: Protocol concerning the conditions and arrangements for admission of the 
Republic of Bulgaria and Romania to the European Union, adopted on 25 April 2005 
(OJ L 157, 21.6.2005, p. 29).". 

If the indent referred to in paragraph 2 and 3 is the first indent in the point in question, it 
shall be preceded by the words ", as amended by:". 

Annex  A  to  this  Agreement  lists  the  points  in  the  Annexes  and  Protocols  to  the 
EEA Agreement in which the text referred to in paragraphs 2, 3 and 4 shall be introduced. 

Where acts incorporated into the EEA Agreement prior to the date of entry into force of 
this Agreement require adaptations by reason of the New Contracting Parties' participation, 
and  the  necessary  adaptations  have  not  been  provided  for  in  this  Agreement,  those 
adaptations  will  be  addressed  in  accordance  with  the  procedures  laid  down  in  the  EEA 
Agreement. 

Article 4 

The  arrangements  contained  in  the  Act  concerning  the  conditions  of  accession  of  the 
Republic  of  Bulgaria  and  Romania  and  the  adjustments  to  the  Treaties  on  which  the 
European  Union  is  founded  referred  to  in  Annex  B  to  this  Agreement  are  hereby 
incorporated into and made part of the EEA Agreement. 

If and as soon as the Treaty establishing a Constitution for Europe has entered into force, 
the  arrangements  referred  to  in  Annex  B  shall  be  understood  to  have  been  made  by  the 
Protocol  concerning  the  conditions  and  arrangements  for  admission  of  the  Republic  of 
Bulgaria and Romania to the European Union. 

Any of the arrangements of relevance for the EEA Agreement referred to in or adopted on 
the basis of the Act concerning the conditions of accession of the Republic of Bulgaria and 
Romania and the adjustments to the Treaties on which the European Union is founded or, 
as the case may be, the Protocol concerning the conditions and arrangements for admission 
of the Republic of Bulgaria and Romania to the European Union, which is not reflected in 

EN 

22 

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Annex B to this Agreement, will be addressed in accordance with the procedures laid down 
in the EEA Agreement. 

Article 5 

Any  Party  to  this  Agreement  may  bring  any  matter  concerning  its  interpretation  or  application 
before the EEA Joint Committee. The EEA Joint Committee shall examine the matter with a view 
to finding an acceptable solution in order to maintain the good functioning of the EEA Agreement. 

1. 

2. 

Article 6 

This  Agreement  shall  be  ratified  or  approved  by  the  Present  Contracting  Parties  and  the 
New  Contracting  Parties  in  accordance  with  their  own  procedures.  The  instruments  of 
ratification or approval shall be deposited with the General Secretariat of the Council of the 
European Union. 

It  shall  enter  into  force  on  the  day  following  the  deposit  of  the  last  instrument  of 
ratification  or  approval  of  a  Present  Contracting  Party  or  a  New  Contracting  Party, 
provided that the following related agreements and protocols enter into force on the same 
day: 

(a)  Agreement in the form of an Exchange of Letters between the European Community 
and  Kingdom  of  Norway  concerning  a  Cooperation  Programme  for  Economic 
Growth and Sustainable Development in Bulgaria; 

(b)  Agreement in the form of an Exchange of Letters between the European Community 
and  Kingdom  of  Norway  concerning  a  Cooperation  Programme  for  Economic 
Growth and Sustainable Development in Romania; 

(c)  Additional Protocol to the Agreement between the European Economic Community 
and the Republic of Iceland consequent on the accession of the Republic of Bulgaria 
and Romania to the European Union; and 

(d)  Additional Protocol to the Agreement between the European Economic Community 
and the Kingdom of Norway consequent on the accession of the Republic of Bulgaria 
and Romania to the European Union. 

Article 7 

This  Agreement,  drawn  up  in  a  single  original  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, the text in each of these languages being equally authentic, shall be deposited with the 
General Secretariat of the Council of the European Union, which will remit a certified copy to each 
of the Governments of the Parties to this Agreement. 

EN 

23 

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List referred to in Article 3 of the Agreement 

PART I 

ACTS REFERRED TO IN THE EEA AGREEMENT AMENDED 

ANNEX A 

by the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the 
adjustments to the treaties on which the European Union is founded or, as the case may be, the 
Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and 
Romania to the european union  

The indents referred to in Article  3(2) and 3(3) shall be inserted in the following locations in the 
Annexes and Protocols to the EEA Agreement: 

In  Chapter  XXVII  (Spirit  Drinks)  of  Annex  II  (Technical  regulations,  standards,  testing  and 
certification): 

– 

– 

Point 1 (Council Regulation (EEC) No 1576/89), 

Point 3 (Council Regulation (EEC) No 1601/91; 

In Annex XIII (Transport): 

– 

Point 19 (Council Directive 96/26/EC), 

In Annex XVII (Intellectual Property): 

– 

– 

Point 6 (Council Regulation (EEC) No 1768/92), 

Point  6a  (Regulation  (EC)  No  1610/96  of  the  European  Parliament  and  of  the 
Council); 

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24 

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PART II 

OTHER AMENDMENTS TO THE ANNEXES TO THE EEA AGREEMENT 

The following amendments shall be made to the Annexes to the EEA Agreement: 

In Annex V (Free movement of workers): 

1) 

In point 3 (Council Directive 68/360/EC), adaptation (e)(ii) shall be replaced by the 
following: 

"(ii)  the footnote shall be replaced by the following: 

"Belgian,  Bulgarian,  Czech,  Danish,  German,  Estonian,  Greek,  Icelandic, 
Spanish,  French,  Irish,  Italian,  Cypriot,  Latvian,  Liechtenstein,  Lithuanian, 
Luxembourg,  Hungarian,  Maltese,  Netherlands,  Norwegian,  Austrian,  Polish, 
Portuguese,  Romanian,  Slovenian,  Slovakian,  Finnish,  Swedish  and  British 
according to the country issuing the permit.". 

EN 

25 

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ANNEX B 

List referred to in Article 4 of the Agreement 

The Annexes to the EEA Agreement shall be amended as follows: 

Annex II (Technical regulations, standards, testing and certification):  

1. 

In Chapter XV, Point 12a (Council Directive 91/414/EEC), the following paragraph shall 
be inserted after the paragraph regarding the transitional arrangements:  

2. 

3. 

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Romania 
(Annex VII, Chapter 5, Section B, Part II), shall apply.";  

In  Chapter  XVII,  Point  7  (Directive  94/62/EC  of  the  European  Parliament  and  of  the 
Council),  the  following  paragraph  shall  be  inserted  between  the  paragraph  regarding  the 
transitional arrangements and the adaptation text:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria 
(Annex VI, Chapter 10, Section B, point 2) and Romania (Annex VII, Chapter 9, Section 
B, point 2), shall apply.";  

In  Chapter  XVII,  Point  8  (Directive  94/63/EC  of  the  European  Parliament  and  of  the 
Council),  the  following  paragraph  shall  be  inserted  between  the  paragraph  regarding  the 
transitional arrangements and the adaptation text:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria 
(Annex VI, Chapter 10, Section A, point 1) and Romania (Annex VII, Chapter 9, Section 
A), shall apply.";  

4. 

In  Chapter  XXV,  Point  3  (Directive  2001/37/EC  of  the  European  Parliament  and  of  the 
Council), the following paragraph shall be inserted before the adaptation text:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria 
(Annex VI, Chapter 7), shall apply.".  

Annex V (Free movement of workers):  

The  text  of  the  second  paragraph  under  the  heading  "Transition  Period"  shall  be  replaced  by  the 
following: 

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 2005 or, 
as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria (Annex VI, Chapter 
1) and Romania (Annex VII, Chapter 1), shall apply. 

With regard to the safeguard mechanisms contained in the transitional arrangements referred to in 
the  previous  paragraphs,  with  the  exception  of  the  arrangements  for  Malta,  PROTOCOL  44  ON 
SAFEGUARD  MECHANISMS  PURSUANT  TO  ENLARGEMENTS  OF  THE  EUROPEAN 
ECONOMIC AREA shall apply." 

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26 

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Annex VIII (Right of establishment):  

The  text  of  the  second  paragraph  under  the  heading  "Transition  Period"  shall  be  replaced  by  the 
following: 

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 2005 or, 
as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria (Annex VI, Chapter 
1) and Romania (Annex VII, Chapter 1), shall apply. 

With regard to the safeguard mechanisms contained in the transitional arrangements referred to in 
the  previous  paragraphs,  with  the  exception  of  the  arrangements  for  Malta,  PROTOCOL  44  ON 
SAFEGUARD  MECHANISMS  PURSUANT  TO  ENLARGEMENTS  OF  THE  EUROPEAN 
ECONOMIC AREA shall apply." 

Annex IX (Financial services):  

In  point  30c  (Directive  97/9/EC  of  the  European  Parliament  and  of  the  Council),  the  following 
paragraph shall be added:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 2005 or, 
as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria (Annex VI, Chapter 
2) and Romania (Annex VII, Chapter 2), shall apply.".  

Annex XI (Telecommunication services):  

In point 5cm (Directive 2002/22/EC of the European Parliament and of the Council), the following 
paragraph shall be inserted before the adaptation text:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 2005 or, 
as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria (Annex VI, Chapter 
9), shall apply.".  

Annex XII (Free movement of capital):  

The  following  paragraph  shall  be  inserted  after  the  paragraph  under  the  heading  "TRANSITION 
PERIOD": 

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 2005 or, 
as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria (Annex VI, Chapter 
3) and Romania (Annex VII, Chapter 3), shall apply."; 

Annex XIII (Transport):  

1. 

In point 15a (Council Directive 96/53/EC), the following paragraph shall be added:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria 
(Annex  VI,  Chapter  5,  point  3)  and  Romania  (Annex  VII,  Chapter  6,  point  2),  shall 
apply.";  

2. 

In  point  18a  (Council  Directive  1999/62/EC  of  the  European  Parliament  and  of  the 
Council),  the  following  paragraph  shall  be  inserted  between  the  paragraph  regarding  the 
transitional arrangements and the adaptation text:  

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27 

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"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Romania 
(Annex VII, Chapter 6, point 3), shall apply."; 

3. 

In  point  19  (Council  Directive  96/26/EC),  the  following  paragraph  shall  be  inserted 
between the paragraph regarding the transitional arrangements and the adaptation text:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria 
(Annex VI, Chapter 5, point 2), shall apply."; 

4. 

In  point  26c  (Council  Regulation  (EEC)  No  3118/93),  the  text  of  the  second  paragraph 
regarding the transitional arrangements shall be replaced by the following:  

The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria 
(Annex VI, Chapter 5, point 1) and Romania (Annex VII, Chapter 6, point 1), shall apply. 

With  regard  to  the  safeguard  mechanisms  contained  in  the  transitional  arrangements 
referred 
the  previous  paragraphs,  PROTOCOL  44  ON  SAFEGUARD 
MECHANISMS  PURSUANT  TO  ENLARGEMENTS  OF  THE  EUROPEAN 
ECONOMIC AREA shall apply.";  

in 

to 

Annex XV (State aid):  

1. 

The following paragraph shall be added at the end of the "SECTORAL ADAPTATIONS": 

"The  arrangements  regarding  the  existing  aid  schemes  set  out  in  Chapter  2  (Competition 
policy) of Annex V to the Act of Accession of 25 April 2005 or, as the case may be, to the 
Protocol of Accession of 25 April 2005 shall apply between the Contracting Parties."; 

2. 

The following shall be inserted before the heading "ACTS REFERRED TO":  

"TRANSITION PERIOD  

The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Romania 
(Annex VII, Chapter 4), shall apply."; 

Annex XVII (Intellectual property): 

The following shall be added under the heading “SECTORAL ADAPTATIONS”: 

“The specific mechanisms set out in Chapter 1 (Company law) of Annex V to the Act of Accession 
of 25 April 2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 shall apply 
between the Contracting Parties.” 

Annex XVIII (Health and safety at work, labour law, and equal treatment for men and women): 

In  point  30  (Directive  96/71/EC  of  the  European  Parliament  and  of  the  Council),  the  text  of  the 
second paragraph regarding the transitional arrangements shall be replaced by the following:  

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28 

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"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 2005 or, 
as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria (Annex VI, Chapter 
1) and Romania (Annex VII, Chapter 1), shall apply. 

With regard to the safeguard mechanisms contained in the transitional arrangements referred to in 
the  previous  paragraphs,  PROTOCOL  44  ON  SAFEGUARD  MECHANISMS  PURSUANT  TO 
ENLARGEMENTS OF THE EUROPEAN ECONOMIC AREA shall apply.” 

Annex XX (Environment):  

1. 

In point 1f (Council Directive 96/61/EC), the following paragraph shall be added:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria 
(Annex VI, Chapter 10, Section D, point 1) and Romania (Annex VII, Chapter 9, Section 
D, point 1), shall apply.";  

2. 

In point 7a (Council Directive 98/83/EC), the following paragraph shall be added:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Romania 
(Annex VII, Chapter 9, Section C, point 5), shall apply.";  

3. 

In  point  9  (Council  Directive  83/513/EEC),  the  following  paragraph  shall  be  inserted 
between the paragraph regarding the transitional arrangements and the adaptation text:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Romania 
(Annex VII, Chapter 9, Section C, point 1), shall apply.";  

4. 

In  point  10  (Council  Directive  84/156/EEC),  the  following  paragraph  shall  be  inserted 
between the paragraph regarding the transitional arrangements and the adaptation text:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Romania 
(Annex VII, Chapter 9, Section C, point 1), shall apply.";  

5. 

In  point  11  (Council  Directive  84/491/EEC),  the  following  paragraph  shall  be  inserted 
before the adaptation text:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Romania 
(Annex VII, Chapter 9, Section C, point 2), shall apply."; 

6. 

In  point  12  (Council  Directive  86/280/EEC),  the  following  paragraph  shall  be  inserted 
between the paragraph regarding the transitional arrangements and the adaptation text:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Romania 
(Annex VII, Chapter 9, Section C, point 3), shall apply."; 

7. 

In  point  13  (Council  Directive  91/271/EEC),  the  following  paragraph  shall  be  inserted 
between the paragraph regarding the transitional arrangements and the adaptation text:  

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"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria 
(Annex VI, Chapter 10, Section C) and Romania (Annex VII, Chapter 9, Section C, point 
4), shall apply.";  

8. 

In  point  19a  (Directive  2001/80/EC  of  the  European  Parliament  and  of  the  Council),  the 
following  paragraph  shall  be  inserted  between  the  paragraph  regarding  the  transitional 
arrangements and the adaptation text:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria 
(Annex VI, Chapter 10, Section D, point 2) and Romania (Annex VII, Chapter 9, Section 
D, point 3), shall apply.";  

9. 

In  point  21ad  (Council  Directive  1999/32/EC),  the  following  paragraph  shall  be  inserted 
between the paragraph regarding the transitional arrangements and the adaptation text:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria 
(Annex VI, Chapter 10, Section A, point 2), shall apply.";  

10. 

In  point  32c  (Council  Regulation  (EEC)  No  259/93),  the  following  paragraph  shall  be 
inserted between the paragraph regarding the transitional arrangements and the adaptation 
text:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria 
(Annex VI, Chapter 10, Section B, point 1) and Romania (Annex VII, Chapter 9, Section 
B, point 1) shall apply.";  

11. 

In point 32d (Council Directive 1999/31/EC), the following paragraph shall be added:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria 
(Annex VI, Chapter 10, Section B, point 3) and Romania (Annex VII, Chapter 9, Section 
B, point 3) shall apply.";  

12. 

In  point  32f  (Directive  2000/76/EC  of  the  European  Parliament  and  of  the  Council),  the 
following paragraph shall be inserted before the adaptation text:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Romania 
(Annex VII, Chapter 9, Section D, point 2) shall apply.";  

13. 

In point 32fa (Directive 2002/96/EC of the European Parliament and of the Council), the 
following  paragraph  shall  be  inserted  between  the  paragraph  regarding  the  transitional 
arrangements and the adaptation text:  

"The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 
2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria 
(Annex VI, Chapter 10, Section B, point 4) and Romania (Annex VII, Chapter 9, Section 
B, point 4) shall apply.";  

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FINAL ACT 

EN 

31 

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The plenipotentiaries of: 

THE EUROPEAN COMMUNITY, 

hereinafter referred to as "the Community", and of: 

THE KINGDOM OF BELGIUM, 

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, 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

Contracting Parties to the Treaty establishing the EUROPEAN COMMUNITY, hereinafter referred 
to as the "EC Member States", 

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the plenipotentiaries of: 

ICELAND, 

THE PRINCIPALITY OF LIECHTENSTEIN, 

THE KINGDOM OF NORWAY, 

hereinafter referred to as the "EFTA States", 

all together Contracting Parties to the Agreement on the European Economic Area done at Oporto 
on 2 May 1992, hereinafter referred to as the "EEA Agreement", together hereinafter referred to as 
the "Present Contracting Parties", 

and 

the plenipotentiaries of: 

THE REPUBLIC OF BULGARIA, 

ROMANIA,  

hereinafter referred to as the "New Contracting Parties", 

meeting  at  […],  this  […]  day  of  […]  in  the  year  two  thousand  and  […]  for  the  signature  of  the 
Agreement on the Participation of the Republic of Bulgaria and Romania in the European Economic 
Area, have adopted the following texts: 

I. 

Agreement on the Participation of the Republic of Bulgaria and Romania in the European 
Economic Area (hereinafter referred to as the "Agreement"); 

II. 

The texts listed below which are annexed to the Agreement: 

Annex A:  List referred to in Article 3 of the Agreement; 

Annex B:  List referred to in Article 4 of the Agreement. 

The  plenipotentiaries  of  the  Present  Contracting  Parties  and  the  plenipotentiaries  of  the  New 
Contracting Parties have adopted the Joint Declarations and Statements listed below and annexed to 
this Final Act: 

1. 

2. 

3. 

4. 

5. 

Joint  Declaration  on  the  timely  ratification  of  the  Agreement  on  the  Participation  of  the 
Republic of Bulgaria and Romania in the European Economic Area; 

Joint Declaration on the expiry date of the transitional arrangements; 

Joint Declaration concerning the application of the rules of origin after entry into force of 
the  Agreement  on  the  Participation  of  the  Republic  of  Bulgaria  and  Romania  in  the 
European Economic Area; 

Joint Declaration on trade in agricultural products and processed agricultural products; 

Joint  Declaration  on  Liechtenstein’s  sectoral  adaptation  in  the  field  of  free  movement  of 
persons; 

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6. 

7. 

Joint Statement on the priority sectors mentioned in Protocol 38a; 

Joint Statement on the financial contributions. 

The  plenipotentiaries  of  the  Present  Contracting  Parties  and  the  plenipotentiaries  of  the  New 
Contracting Parties have taken note of the Declarations listed below and annexed to this Final Act: 

1. 

2. 

3. 

General Joint Declaration of the EFTA States; 

Joint Declaration by the EFTA States on free movement of workers; 

Unilateral Declaration by the Government of Liechtenstein on the Addendum to Protocol 
38a. 

They  have  further  agreed  that,  at  the  latest  by  the  entry  into  force  of  the  Agreement,  the 
EEA Agreement, as amended by the Protocol adjusting the Agreement on the European Economic 
Area and the full texts of each of the Decisions of the EEA Joint Committee, have to be drawn up 
and authenticated by the representatives of the Present Contracting Parties and the New Contracting 
Parties in the Bulgarian and Romanian languages. 

They  take  note  of  the  Agreement  in  the  form  of  an  Exchange  of  Letters  between  the  European 
Community  and  the  Kingdom  of  Norway  concerning  a  Cooperation  Programme  for  Economic 
Growth and Sustainable Development in Bulgaria, which is also annexed to this Final Act. 

They also take note of the Agreement in the form of an Exchange of Letters between the European 
Community  and  the  Kingdom  of  Norway  concerning  a  Cooperation  Programme  for  Economic 
Growth and Sustainable Development in Romania, which is annexed to this Final Act. 

They then take note of the Additional Protocol to the Agreement between the European Economic 
Community and the Republic of Iceland consequent on the accession of the Republic of Bulgaria 
and Romania to the European Union, which is annexed to this Final Act. 

They  furthermore  take  note  of  the  Additional  Protocol  to  the  Agreement  between  the  European 
Economic Community and the Kingdom of Norway consequent on the accession of the Republic of 
Bulgaria and Romania to the European Union, which is also annexed to this Final Act. 

They underline that the abovementioned agreements and protocols have been agreed upon under the 
assumption that participation in the European Economic Area remains unchanged. 

Done at […] on […]. 

For the European Community 

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JOINT DECLARATIONS AND STATEMENTS 

BY THE PRESENT CONTRACTING PARTIES AND THE NEW CONTRACTING 
PARTIES TO THE AGREEMENT 

JOINT DECLARATION 

ON THE TIMELY RATIFICATION OF 

THE AGREEMENT ON THE PARTICIPATION OF  

THE REPUBLIC OF BULGARIA AND ROMANIA 

IN THE EUROPEAN ECONOMIC AREA 

The Present Contracting Parties and New Contracting Parties stress the importance of timely 
ratification or approval of the Agreement on the Participation of the Republic of Bulgaria and 
Romania  in  the  European  Economic  Area  by  the  Present  Contracting  Parties  and  the  New 
Contracting Parties in accordance with their respective constitutional requirements in order to 
ensure the good functioning of the European Economic Area. 

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JOINT DECLARATION 

ON THE EXPIRY DATE 

OF THE TRANSITIONAL ARRANGEMENTS 

The transitional arrangements from the Treaty of Accession shall be taken over into the EEA 
Agreement  and  shall  expire  on  the  same  date  as  they  would  have  if  the  enlargement  of  the 
European Union and the EEA had taken place simultaneously on 1 January 2007. 

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JOINT DECLARATION 

CONCERNING THE APPLICATION OF THE 

RULES OF ORIGIN AFTER ENTRY INTO FORCE 

OF THE AGREEMENT ON THE PARTICIPATION OF 

THE REPUBLIC OF BULGARIA AND ROMANIA 

IN THE EUROPEAN ECONOMIC AREA 

1. 

Proof of origin properly issued by an EFTA State or a New Contracting Party in the 
framework of a preferential agreement concluded between the EFTA States and the 
New  Contracting  Party  or  in  the  framework  of  unilateral  national  legislation  of  an 
EFTA  State  or  a  New  Contracting  Party  shall  be  considered  being  proof  of  EEA 
preferential origin, provided that: 

(a) 

(b) 

the proof of origin  and the transport documents were issued no later than the 
day before the accession of the New Contracting Party to the European Union; 

the proof of origin is submitted to the customs authorities within the period of 
four months from the entry into force of the Agreement. 

Where  goods  were  declared  for  importation  from  an  EFTA  State  or  a  New 
Contracting Party in, respectively, a New Contracting Party or an EFTA State prior 
to the date of accession of the New Contracting Party to the European Union, under 
preferential  arrangements  in  force  between  an  EFTA  State  and  a  New  Contracting 
Party  at  that  time,  proof  of  origin  issued  retrospectively  under  those  arrangements 
may  also  be  accepted  in  the  EFTA  States  or  the  New  Contracting  Parties  provided 
that it is submitted to the customs authorities within the period of four months from 
the date of entry into force of the Agreement. 

The EFTA States, on the one hand, and the Republic of Bulgaria and Romania, on 
the  other  hand,  are  authorised  to  retain  the  authorisations  with  which  the  status  of 
"approved  exporters"  has  been  granted  in  the  framework  of  agreements  concluded 
between  the  EFTA  States,  on  the  one  hand,  and  the  Republic  of  Bulgaria  or 
Romania,  on  the  other  hand,  provided  that  the  approved  exporters  apply  the  EEA 
rules of origin. 

These  authorisations  shall  be  replaced  by  the  EFTA  States  and  the  Republic  of 
Bulgaria and Romania, no later than one year after the date of entry into force of the 
Agreement, by new authorisations issued under the conditions laid down in Protocol 
4 to the Agreement on the European Economic Area. 

Requests for subsequent verification of proof of origin issued under the preferential 
agreements  and  arrangements  referred  to  in  paragraphs  1  and  2  above  shall  be 
accepted by the competent authorities of the EFTA States and the New Contracting 
Parties for a period of three years after the issue of the proof of origin concerned and 
may be made by those authorities for a period of three years after acceptance of the 
proof of origin. 

2. 

3. 

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JOINT DECLARATION 

ON TRADE IN AGRICULTURAL PRODUCTS AND 

PROCESSED AGRICULTURAL PRODUCTS. 

1. 

2. 

3. 

In the context of  the EEA enlargement negotiations, consultations were undertaken 
between the Present Contracting Parties and the New Contracting Parties to examine 
the  need  to  adjust  the  bilateral  trade  concessions  in  agricultural  products  and 
processed  agricultural  products  in  the  relevant  parts  of  the  EEA  Agreement  or  the 
relevant  bilateral  agreements  between  the  European  Community  and  Iceland, 
Liechtenstein and Norway, respectively, in light of the enlargement of the European 
Union. 

The  Present  Contracting  Parties  and  the  New  Contracting  Parties  have  examined 
product  by  product  market  access  conditions  and  agreed  that  no  additional  trade 
concessions regarding agricultural or processed agricultural products will be added to 
any existing agreements in the context of enlargement. 

The  Present  Contracting  Parties  and  the  New  Contracting  Parties  have  agreed  that 
Iceland, Liechtenstein and Norway shall not make any claim, request or referral nor 
modify  or  withdraw  any  concession  pursuant  to  GATT  1994  Articles  XXIV.6  and 
XXVIII  regarding  agricultural  products  in  relation  to  this  enlargement  of  the 
European Union. 

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JOINT DECLARATION ON 

LIECHTENSTEIN’S SECTORAL ADAPTATION 

IN THE FIELD OF FREE MOVEMENT OF PERSONS 

The Present Contracting Parties and the New Contracting Parties, 

– 

– 

– 

Referring to the sectoral adaptations for Liechtenstein in the field of free movement 
of persons as introduced by Decision of the EEA Joint Committee No 191/1999 and 
amended by the Agreement on the Participation 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 in the European Economic Area of 
14 October 2003, 

Observing an ongoing high demand from nationals of EC and EFTA States to reside 
in Liechtenstein, surpassing the net immigration rate set out in the above mentioned 
regime, 

Considering that the participation of Bulgaria and Romania in the EEA results in a 
higher  number  of  nationals  having  the  right  of  invoking  the  free  movement  of 
persons as enshrined in the EEA Agreement, 

Agree  to  duly  take  into  account  this  factual  situation  as  well  as  the  unchanged  absorption 
capacity of Liechtenstein when reviewing the sectoral adaptations in Annex V and VIII to the 
EEA Agreement.  

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JOINT STATEMENT 

ON THE PRIORITY SECTORS MENTIONED 

IN PROTOCOL 38A 

The  Present  Contracting  Parties  and  the  New  Contracting  Parties  recall  that  not  all  priority 
sectors as defined in Article 3 of Protocol 38a must be covered in each Beneficiary State. 

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JOINT STATEMENT 

ON THE FINANCIAL CONTRIBUTIONS 

The  Present  Contracting  Parties  and  the  New  Contracting  Parties  agree  that  the  various 
financial  contribution  arrangements  agreed  in  the  context  of  EEA  enlargement  shall  not 
constitute a precedent for the period after they expire on 30 April 2009. 

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OTHER DECLARATIONS 

BY ONE OR MORE OF THE CONTRACTING 

PARTIES TO THE AGREEMENT 

GENERAL JOINT DECLARATION OF THE EFTA STATES 

The EFTA States take note of the Declarations, which are relevant for the EEA Agreement, 
attached to the Final Act to the Treaty between the Kingdom of Belgium, 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,  the 
Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, 
the United Kingdom of Great Britain and Northern Ireland (Member States of the European 
Union) and the Republic of Bulgaria and Romania, concerning the accession of the Republic 
of Bulgaria and Romania to the European Union. 

The EFTA States underline that the Declarations, which are relevant for the EEA Agreement, 
attached  to  the  Final  Act  to  the  Treaty  referred  to  in  the  previous  paragraph  cannot  be 
interpreted or applied in a way contrary to the obligations of the Present Contracting Parties 
and New Contracting Parties arising from this Agreement or the EEA Agreement. 

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JOINT DECLARATION 

BY THE EFTA STATES ON FREE 

MOVEMENT OF WORKERS 

The  EFTA  States  stress  the  strong  elements  of  differentiation  and  flexibility  in  the 
arrangements  for  the  free  movement  of  workers.  They  shall  endeavour  to  grant  increased 
labour  market  access  to  nationals  of  the  Republic  of  Bulgaria  and  Romania  under  national 
law,  with  a  view  to  speeding  up  the  approximation  to  the  acquis.  As  a  consequence,  the 
employment opportunities in the EFTA States for nationals of the Republic of Bulgaria and 
Romania  should  improve  substantially  upon  these  States'  accession.  Moreover,  the  EFTA 
States will make best use of the proposed arrangements to move as quickly as possible to the 
full application of the acquis in the area of free movement of workers. For Liechtenstein, this 
will  be  done  in  accordance  with  the  specific  arrangements  as  foreseen  in  the  Sectoral 
Adaptations  to  Annex  V  (Free  movement  of  workers)  and  Annex  VIII  (Right  of 
establishment) to the EEA Agreement. 

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UNILATERAL DECLARATION 

BY THE GOVERNMENT OF LIECHTENSTEIN 

ON THE ADDENDUM TO PROTOCOL 38A 

The Liechtenstein Government,  

– 

– 

– 

Referring to the Addendum to Protocol 38a,  

Recalling  the  understanding  that  Bulgaria  and  Romania  should  benefit  to  the  same 
extent from the contributions by the EFTA States to the reduction of economic and 
social  disparities  in  the  European  Economic  Area  as  the  Beneficiary  States 
mentioned in Article 5 of Protocol 38a and taking into account the distribution key 
provided in this article,  

Noting that the EFTA States made an extraordinary effort within the EEA Financial 
Mechanism to increase the funding in favour of Bulgaria and Romania, 

States its understanding, that at the review foreseen in Article 9 of Protocol 38a any possibly 
agreed further financial arrangement will take into account the already achieved reductions of 
economic  and  social  disparities  so  as  to  reduce  contributions  by  the  three  EFTA  States 
proportionately,  if  one  or  more  of  the  current  Beneficiary  States  do  not  further  qualify  for 
funding under such an arrangement. 

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AGREEMENT 

in the form of an Exchange of Letters between the European Community and the Kingdom of 
Norway concerning a Cooperation Programme for Economic Growth and Sustainable 
Development in Bulgaria 

A. Letter from the European Community 

Sir…, 

I have the honour to refer to the negotiations which have taken place between the European 
Community and the Kingdom of Norway (“Norway”) in the context of Bulgaria becoming a 
contracting party to the EEA Agreement and the establishment of a Cooperation Programme 
for promoting economic growth and sustainable development in Bulgaria. 

The results of the negotiations are as follows: 

1. 

2. 

A  Cooperation  Programme  for  promoting  social  and  economic  development  in 
Bulgaria  through  bilateral  projects  is  to  be  established  between  Norway  and 
Bulgaria, in accordance with a bilateral agreement between the two States. The text 
of the bilateral agreement is annexed as an integral part of this Exchange of Letters.  

For  the  purpose  of  the  Programme,  Norway shall make available a total  amount of 
EUR 20 million, for commitment in a single tranche in 2007. This amount shall be 
made  available  from  the  date  of  entry  into  force  of  the  Agreement  on  the 
Participation  of  the  Republic  of  Bulgaria  and  Romania  in  the  European  Economic 
Area or an agreement to apply that Agreement provisionally, to 30 April 2009. 

3. 

This Exchange of Letters: 

a) 

b) 

is  to  be  ratified  or  approved  by  the  European  Community  and  Norway  in 
accordance with their respective procedures. The instruments of ratification or 
approval are to be deposited with the General Secretariat of the Council of the 
European Union. 

It shall enter into force on the day following the deposit of the last instrument 
of  ratification  or  approval  provided  that  the  instruments  of  ratification  or 
approval of the following related agreements have been deposited as well: 

(i)  Agreement on the Participation of the Republic of Bulgaria and Romania 

in the European Economic Area; 

(ii)  Agreement in the form of an Exchange of Letters between the European 
Community  and  Norway  concerning  a  Cooperation  Programme  for 
Economic Growth and Sustainable Development in Romania; 

(iii)  Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community and the Republic of Iceland consequent on the accession of 
the Republic of Bulgaria and Romania to the European Union; and 

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(iv)  Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community and the Kingdom of Norway consequent on the accession of 
the Republic of Bulgaria and Romania to the European Union. 

I should be obliged if you would confirm your agreement to the contents of this letter. 

Please accept, Sir…, the assurance of my highest consideration.  

For the European Community 

Annex: 1 

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AGREEMENT ON A NORWEGIAN COOPERATION PROGRAMME  

FOR ECONOMIC GROWTH AND SUSTAINABLE DEVELOPMENT IN BULGARIA  

Annex 

between 

THE KINGDOM OF NORWAY 

and 

THE REPUBLIC OF BULGARIA 

hereinafter referred to as “the Parties” 

*** 

Article 1 

Objective 

A Norwegian Cooperation Programme shall be established for promoting social and economic 
development in Bulgaria through bilateral co-operation projects between the Parties within the 
sectors referred to in Article 4.  

Article 2 

Financial Scope 

For the purpose of the Norwegian Cooperation Programme for the Republic of Bulgaria, the 
Kingdom of Norway shall make available a total amount of EUR 20 million, for commitment 
in a single tranche in 2007. 

Article 3 

Duration 

The amount referred to in Article 2 shall be made available from the date of entry into force 
of  the  Agreement  on  the  Participation  of  the  Republic  of  Bulgaria  and  Romania  in  the 
European Economic Area, or as from the date of entry into force of an agreement to apply the 
Agreement provisionally, to 30 April 2009. 

Article 4 

Priority Sectors 

The  Norwegian  Cooperation  Programme  for  Bulgaria  shall  be  available  for  bilateral  co-
operation  projects  between  eligible  applicants  from  the  Parties  to  promote  social  and 
economic development in the Republic of Bulgaria within the following priority sectors: 

– 

reduction  of  greenhouse  gas  emissions,  including  Joint  Implementation  projects 
under the Kyoto Protocol, and other emissions in air and water; 

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– 

– 

– 

energy efficiency and renewable energy; 

facilitating sustainable production, including certification and verification; 

implementation of Schengen acquis, support of National Schengen Plans as well as 
strenghtening the judiciary. 

Possible  activities  are  inter  alia  innovation,  human  resource–development,  networking, 
capacity-building, technology transfer and research and development.  

Article 5 

Co-financing ceilings 

The Norwegian contribution in the form of grants shall not exceed 60 % of the project cost 
except  for  projects  otherwise  financed  by  central,  regional  or  local  government  budget 
allocations, where the contribution may not exceed 85 % of project cost. Community ceilings 
for  co-financing  shall  not  be  exceeded  in  any  case.  Contributions  to  non-governmental 
organisations and social partners may be up to 90 % of project costs.  

Article 6 

Management 

The  Norwegian  Cooperation  Programme  for  Bulgaria  shall  be  managed  by  the  Norwegian 
Government or an entity appointed by it. The Management Entity shall consult with the Focal 
Point to be appointed by the Government of the Republic of Bulgaria. The Commission may 
screen the projects. 

Further provisions for the implementation of this Agreement will be issued by the Norwegian 
Government as necessary. 

The  management  costs  of  the  Norwegian  Cooperation  Programme  shall  be  covered  by  the 
amount referred to in Article 2. 

Article 7 

Entry into force 

This  Agreement  shall  be  ratified  by  the  Kingdom  of  Norway  and  the  Republic  of  Bulgaria 
according  to  their  national  procedures.  It  shall  enter  into  force  thirty  days  after  the  date  on 
which the last Party has deposited its instrument of ratification with the Norwegian Ministry 
for  Foreign  Affairs,  but  not  earlier  than  the  entry  into  force  of  the  Agreement  on  the 
Participation of the Republic of Bulgaria and Romania in the European Economic Area, or as 
from the date of entry into force of an agreement to apply the latter agreement provisionally. 

Done in Brussels on………2007, 

For the Kingdom of Norway   

For the Republic of Bulgaria  

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B. Letter from the Kingdom of Norway 

Sir…, 

I  have  the  honour  to  acknowledge  receipt  of  your  letter  of  today's  date,  which  reads  as 
follows: 

‘I  have  the  honour  to  refer  to  the  negotiations  which  have  taken  place  between  the 
European  Community  and  the  Kingdom  of  Norway  (“Norway”)  in  the  context  of 
Bulgaria becoming a contracting party to the EEA Agreement and the establishment 
of  a  Cooperation  Programme  for  promoting  economic  growth  and  sustainable 
development in Bulgaria. 

The results of the negotiations are as follows: 

1.  A Cooperation Programme for promoting social and economic development in 
Bulgaria  through  bilateral  projects  is  to  be  established  between  Norway  and 
Bulgaria, in accordance with a bilateral agreement between the two States. The 
text of the bilateral agreement is annexed as an integral part of this Exchange 
of Letters.  

2. 

For the purpose of the Programme, Norway shall make available a total amount 
of EUR 20 million, for commitment in a single tranche in 2007. This amount 
shall be made available from the date of entry into force of the Agreement on 
the  Participation  of  the  Republic  of  Bulgaria  and  Romania  in  the  European 
Economic Area or an agreement to apply that Agreement provisionally, to 30 
April 2009. 

3. 

This Exchange of Letters: 

a) 

b) 

is to be ratified or approved by the European Community and Norway in 
accordance  with 
instruments  of 
their  respective  procedures.  The 
ratification or approval are to be deposited with the General Secretariat of 
the Council of the European Union. 

It  shall  enter  into  force  on  the  day  following  the  deposit  of  the  last 
instrument  of  ratification  or  approval  provided  that  the  instruments  of 
ratification  or  approval  of  the  following  related  agreements  have  been 
deposited as well: 

(i)  Agreement  on  the  Participation  of  the  Republic  of  Bulgaria  and 

Romania in the European Economic Area; 

(ii)  Agreement  in  the  form  of  an  Exchange  of  Letters  between  the 
European  Community  and  Norway  concerning  a  Cooperation 
Programme for Economic Growth and Sustainable Development in 
Romania; 

(iii)  Additional  Protocol  to  the  Agreement  between  the  European 
Economic Community and the Republic of Iceland  consequent on 

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the  accession  of  the  Republic  of  Bulgaria  and  Romania  to  the 
European Union; and 

(iv)  Additional  Protocol  to  the  Agreement  between  the  European 
Economic Community and the Kingdom of Norway consequent on 
the  accession  of  the  Republic  of  Bulgaria  and  Romania  to  the 
European Union. 

I  should  be  obliged  if  you  would  confirm  your  agreement  to  the  contents  of  this 
letter. 

Please accept, Sir…, the assurance of my highest consideration.  

For the European Community 

Annex: 1  

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AGREEMENT ON A NORWEGIAN COOPERATION PROGRAMME  
FOR ECONOMIC GROWTH AND SUSTAINABLE DEVELOPMENT IN BULGARIA 

Annex 

between 

THE KINGDOM OF NORWAY 

and 

THE REPUBLIC OF BULGARIA 

hereinafter referred to as “the Parties” 

*** 

Article 1 

Objective 

A Norwegian Cooperation Programme shall be established for promoting social and economic 
development in Bulgaria through bilateral co-operation projects between the Parties within the 
sectors referred to in Article 4.  

Article 2 

Financial Scope 

For the purpose of the Norwegian Cooperation Programme for the Republic of Bulgaria, the 
Kingdom of Norway shall make available a total amount of EUR 20 million, for commitment 
in a single tranche in 2007. 

Article 3 

Duration 

The amount referred to in Article 2 shall be made available from the date of entry into force 
of  the  Agreement  on  the  Participation  of  the  Republic  of  Bulgaria  and  Romania  in  the 
European Economic Area, or as from the date of entry into force of an agreement to apply the 
Agreement provisionally, to 30 April 2009. 

Article 4 

Priority Sectors 

The  Norwegian  Cooperation  Programme  for  Bulgaria  shall  be  available  for  bilateral  co-
operation  projects  between  eligible  applicants  from  the  Parties  to  promote  social  and 
economic development in the Republic of Bulgaria within the following priority sectors: 

EN 

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– 

– 

– 

– 

reduction  of  greenhouse  gas  emissions,  including  Joint  Implementation  projects 
under the Kyoto Protocol, and other emissions in air and water; 

energy efficiency and renewable energy; 

facilitating sustainable production, including certification and verification; 

implementation of Schengen acquis, support of National Schengen Plans as well as 
strenghtening the judiciary. 

Possible  activities  are  inter  alia  innovation,  human  resource–development,  networking, 
capacity-building, technology transfer and research and development.  

Article 5 

Co-financing ceilings 

The Norwegian contribution in the form of grants shall not exceed 60 % of the project cost 
except  for  projects  otherwise  financed  by  central,  regional  or  local  government  budget 
allocations, where the contribution may not exceed 85 % of project cost. Community ceilings 
for  co-financing  shall  not  be  exceeded  in  any  case.  Contributions  to  non-governmental 
organisations and social partners may be up to 90 % of project costs.  

Article 6 

Management 

The  Norwegian  Cooperation  Programme  for  Bulgaria  shall  be  managed  by  the  Norwegian 
Government or an entity appointed by it. The Management Entity shall consult with the Focal 
Point to be appointed by the Government of the Republic of Bulgaria. The Commission may 
screen the projects. 

Further provisions for the implementation of this Agreement will be issued by the Norwegian 
Government as necessary. 

The  management  costs  of  the  Norwegian  Cooperation  Programme  shall  be  covered  by  the 
amount referred to in Article 2. 

Article 7 

Entry into force 

This  Agreement  shall  be  ratified  by  the  Kingdom  of  Norway  and  the  Republic  of  Bulgaria 
according  to  their  national  procedures.  It  shall  enter  into  force  thirty  days  after  the  date  on 
which the last Party has deposited its instrument of ratification with the Norwegian Ministry 
for  Foreign  Affairs,  but  not  earlier  than  the  entry  into  force  of  the  Agreement  on  the 
Participation of the Republic of Bulgaria and Romania in the European Economic Area, or as 
from the date of entry into force of an agreement to apply the latter agreement provisionally. 

EN 

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Done in Brussels on………2007, 

For the Kingdom of Norway   

For the Republic of Bulgaria ’ 

I have the honour to confirm agreement with the contents of your letter. 

Please accept, Sir …, the assurance of my highest consideration. 

For the Kingdom of Norway  

EN 

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AGREEMENT 

in the form of an Exchange of Letters between the European Community and the 
Kingdom of Norway concerning a Cooperation Programme for Economic Growth and 
Sustainable Development in Romania 

A. Letter from the European Community 

Sir…, 

I have the honour to refer to the negotiations which have taken place between the European 
Community and the Kingdom of Norway (“Norway”) in the context of Romania becoming a 
contracting party to the EEA Agreement and the establishment of a Cooperation Programme 
for promoting economic growth and sustainable development in Romania. 

The results of the negotiations are as follows: 

1. 

2. 

A  Cooperation  Programme  for  promoting  economic  growth  and  sustainable 
development  in  Romania  through  bilateral  projects  is  to  be  established  between 
Norway  and  Romania,  in  accordance  with  a  bilateral  agreement  between  the  two 
States.  The  text  of  the  bilateral  agreement  is  annexed  as  an  integral  part  of  this 
Exchange of Letters.  

For  the  purpose  of  the  Programme,  Norway shall make available a total  amount of 
EUR 48 million, for commitment in a single tranche in 2007. This amount shall be 
made  available  from  the  date  of  entry  into  force  of  the  Agreement  on  the 
Participation  of  the  Republic  of  Bulgaria  and  Romania  in  the  European  Economic 
Area or an agreement to apply that Agreement provisionally, to 30 April 2009. 

3. 

This Exchange of Letters: 

a) 

b) 

is  to  be  ratified  or  approved  by  the  European  Community  and  Norway  in 
accordance with their respective procedures. The instruments of ratification or 
approval are to be deposited with the General Secretariat of the Council of the 
European Union. 

It shall enter into force on the day following the deposit of the last instrument 
of  ratification  or  approval  provided  that  the  instruments  of  ratification  or 
approval of the following related agreements have been deposited as well: 

(i)  Agreement on the Participation of the Republic of Bulgaria and Romania 

in the European Economic Area; 

(ii)  Agreement in the form of an Exchange of Letters between the European 
Community  and  Norway  concerning  a  Cooperation  Programme  for 
Economic Growth and Sustainable Development in Bulgaria; 

(iii)  Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community and the Republic of Iceland consequent on the accession of 
the Republic of Bulgaria and Romania to the European Union; and 

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(iv)  Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community and the Kingdom of Norway consequent on the accession of 
the Republic of Bulgaria and Romania to the European Union. 

I should be obliged if you would confirm your agreement to the contents of this letter. 

Please accept, Sir…, the assurance of my highest consideration.  

For the European Community 

Annex: 1  

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Annex 

AGREEMENT ON A NORWEGIAN COOPERATION PROGRAMME  

FOR ECONOMIC GROWTH AND SUSTAINABLE DEVELOPMENT IN ROMANIA  

between 

THE KINGDOM OF NORWAY 

and 

ROMANIA  

hereinafter referred to as “the Parties” 

*** 

Article 1 

Objective 

A Norwegian Cooperation Programme shall be established for promoting social and economic 
development  in  Romania  through  bilateral  co-operation  projects  between  the  Parties  within 
the sectors referred to in Article 4.  

Article 2 

Financial Scope 

For  the  purpose  of  the  Norwegian  Cooperation  Programme  for  Romania,  the  Kingdom  of 
Norway shall make available a total amount of EUR 48 million, for commitment in a single 
tranche in 2007. 

Article 3 

Duration 

The amount referred to in Article 2 shall be made available from the date of entry into force 
of  the  Agreement  on  the  Participation  of  the  Republic  of  Bulgaria  and  Romania  in  the 
European Economic Area, or as from the date of entry into force of an agreement to apply the 
Agreement provisionally, to 30 April 2009. 

Article 4 

Priority Sectors 

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The  Norwegian  Cooperation  Programme  for  Romania  shall  be  available  for  bilateral  co-
operation  projects  between  eligible  applicants  from  the  Parties  to  promote  social  and 
economic development in Romania within the following priority sectors: 

– 

– 

– 

– 

reduction  of  greenhouse  gas  emissions,  including  Joint  Implementation  projects 
under the Kyoto Protocol, and other emissions in air and water; 

energy efficiency and renewable energy; 

facilitating sustainable production, including certification and verification; 

health. 

Possible  activities  are  inter  alia  innovation,  human  resource–development,  networking, 
capacity-building, technology transfer and research and development 

Article 5 

Co-financing ceilings 

The Norwegian contribution in the form of grants shall not exceed 60 % of the project cost 
except  for  projects  otherwise  financed  by  central,  regional  or  local  government  budget 
allocations, where the contribution may not exceed 85 % of project cost. Community ceilings 
for  co-financing  shall  not  be  exceeded  in  any  case.  Contributions  to  non-governmental 
organisations and social partners may be up to 90 % of project costs.  

Article 6 

Management 

The  Norwegian  Cooperation  Programme  for  Romania  shall  be  managed  by  the  Norwegian 
Government or an entity appointed by it. The Management Entity shall consult with the Focal 
Point to be appointed by the Government of Romania. The European Commission may screen 
the projects.  

Further provisions for the implementation of this Agreement will be issued by the Norwegian 
Government as necessary. 

The  management  costs  of  the  Norwegian  Cooperation  Programme  shall  be  covered  by  the 
amount referred to in Article 2. 

Article 7 

Entry into force 

This Agreement shall be ratified by the Kingdom of Norway and Romania according to their 
national procedures. It shall enter into force thirty days after the date on which the last Party 
has deposited its instrument of ratification with the Norwegian Ministry for Foreign Affairs, 
but not earlier than the entry into force of the Agreement on the Participation of the Republic 

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of Bulgaria and Romania in the European Economic Area, or as from the date of entry into 
force of an agreement to apply the latter agreement provisionally. 

Done in Brussels on………2007, 

For the Kingdom of Norway  For Romania  

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B. Letter from the Kingdom of Norway 

Sir …,  

I  have  the  honour  to  acknowledge  receipt  of  your  letter  of  today's  date,  which  reads  as 
follows: 

‘I have the honour to refer to the negotiations which have taken place between the European 
Community and the Kingdom of Norway (“Norway”) in the context of Romania becoming a 
contracting party to the EEA Agreement and the establishment of a Cooperation Programme 
for promoting economic growth and sustainable development in Romania. 

The results of the negotiations are as follows: 

1. 

2. 

A  Cooperation  Programme  for  promoting  economic  growth  and  sustainable 
development  in  Romania  through  bilateral  projects  is  to  be  established  between 
Norway  and  Romania,  in  accordance  with  a  bilateral  agreement  between  the  two 
States.  The  text  of  the  bilateral  agreement  is  annexed  as  an  integral  part  of  this 
Exchange of Letters.  

For  the  purpose  of  the  Programme,  Norway shall make available a total  amount of 
EUR 48 million, for commitment in a single tranche in 2007. This amount shall be 
made  available  from  the  date  of  entry  into  force  of  the  Agreement  on  the 
Participation  of  the  Republic  of  Bulgaria  and  Romania  in  the  European  Economic 
Area or an agreement to apply that Agreement provisionally, to 30 April 2009. 

3. 

This Exchange of Letters: 

a) 

b) 

is  to  be  ratified  or  approved  by  the  European  Community  and  Norway  in 
accordance with their respective procedures. The instruments of ratification or 
approval are to be deposited with the General Secretariat of the Council of the 
European Union. 

It shall enter into force on the day following the deposit of the last instrument 
of  ratification  or  approval  provided  that  the  instruments  of  ratification  or 
approval of the following related agreements have been deposited as well: 

(i)  Agreement on the Participation of the Republic of Bulgaria and Romania 

in the European Economic Area; 

(ii)  Agreement in the form of an Exchange of Letters between the European 
Community  and  Norway  concerning  a  Cooperation  Programme  for 
Economic Growth and Sustainable Development in Bulgaria; 

(iii)  Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community and the Republic of Iceland consequent on the accession of 
the Republic of Bulgaria and Romania to the European Union; and 

(iv)  Additional  Protocol  to  the  Agreement  between  the  European  Economic 
Community and the Kingdom of Norway consequent on the accession of 
the Republic of Bulgaria and Romania to the European Union. 

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I should be obliged if you would confirm your agreement to the contents of this letter. 

Please accept, Sir…, the assurance of my highest consideration.  

For the European Community 

Annex: 1  

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Annex 

AGREEMENT ON A NORWEGIAN COOPERATION PROGRAMME  

FOR ECONOMIC GROWTH AND SUSTAINABLE DEVELOPMENT IN ROMANIA 

between 

THE KINGDOM OF NORWAY 

and 

ROMANIA  

hereinafter referred to as “the Parties” 

*** 

Article 1 

Objective 

A Norwegian Cooperation Programme shall be established for promoting social and economic 
development  in  Romania  through  bilateral  co-operation  projects  between  the  Parties  within 
the sectors referred to in Article 4.  

Article 2 

Financial Scope 

For  the  purpose  of  the  Norwegian  Cooperation  Programme  for  Romania,  the  Kingdom  of 
Norway shall make available a total amount of EUR 48 million, for commitment in a single 
tranche in 2007. 

Article 3 

Duration 

The amount referred to in Article 2 shall be made available from the date of entry into force 
of  the  Agreement  on  the  Participation  of  the  Republic  of  Bulgaria  and  Romania  in  the 
European Economic Area, or as from the date of entry into force of an agreement to apply the 
Agreement provisionally, to 30 April 2009. 

Article 4 

Priority Sectors 

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The  Norwegian  Cooperation  Programme  for  Romania  shall  be  available  for  bilateral  co-
operation  projects  between  eligible  applicants  from  the  Parties  to  promote  social  and 
economic development in Romania within the following priority sectors: 

– 

– 

– 

– 

reduction  of  greenhouse  gas  emissions,  including  Joint  Implementation  projects 
under the Kyoto Protocol, and other emissions in air and water; 

energy efficiency and renewable energy; 

facilitating sustainable production, including certification and verification; 

health. 

Possible  activities  are  inter  alia  innovation,  human  resource–development,  networking, 
capacity-building, technology transfer and research and development 

Article 5 

Co-financing ceilings 

The Norwegian contribution in the form of grants shall not exceed 60 % of the project cost 
except  for  projects  otherwise  financed  by  central,  regional  or  local  government  budget 
allocations, where the contribution may not exceed 85 % of project cost. Community ceilings 
for  co-financing  shall  not  be  exceeded  in  any  case.  Contributions  to  non-governmental 
organisations and social partners may be up to 90 % of project costs.  

Article 6 

Management 

The  Norwegian  Cooperation  Programme  for  Romania  shall  be  managed  by  the  Norwegian 
Government or an entity appointed by it. The Management Entity shall consult with the Focal 
Point to be appointed by the Government of Romania. The European Commission may screen 
the projects.  

Further provisions for the implementation of this Agreement will be issued by the Norwegian 
Government as necessary. 

The  management  costs  of  the  Norwegian  Cooperation  Programme  shall  be  covered  by  the 
amount referred to in Article 2. 

Article 7 

Entry into force 

This Agreement shall be ratified by the Kingdom of Norway and Romania according to their 
national procedures. It shall enter into force thirty days after the date on which the last Party 
has deposited its instrument of ratification with the Norwegian Ministry for Foreign Affairs, 
but not earlier than the entry into force of the Agreement on the Participation of the Republic 

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of Bulgaria and Romania in the European Economic Area, or as from the date of entry into 
force of an agreement to apply the latter agreement provisionally. 

Done in Brussels on………2007, 

For the Kingdom of Norway  For Romania’ 

I have the honour to confirm agreement with the contents of your letter. 

Please accept, Sir …, the assurance of my highest consideration. 

For the Kingdom of Norway  

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ADDITIONAL PROTOCOL 

to the Agreement between the European Economic Community and the Republic of Iceland 
consequent on the accession of the Republic of Bulgaria and Romania to the European Union 

THE EUROPEAN COMMUNITY 

and 

ICELAND 

HAVING REGARD to the Agreement between the European Economic Community and the 
Republic of Iceland signed in Brussels on 22 July 1972, hereinafter called the ‘Agreement’, 
and to the existing arrangements for trade in fish and fishery products between Iceland and the 
Community, 

HAVING  REGARD  to  the  accession  of  the  Republic  of  Bulgaria  and  Romania  to  the 
European Union, 

HAVING  REGARD  to  the  Agreement  on  the  Participation  of  the  Republic  of  Bulgaria  and 
Romania in the European Economic Area, 

HAVING  REGARD  to  the  existing  regime  for  trade  in  fish  and  fishery  products  between 
Iceland and the Republic of Bulgaria and Romania, 

HAVE  DECIDED  to  determine  by  common  accord  the  adjustments  to  the  Agreement 
consequent on the accession of the Republic of Bulgaria and Romania to the European Union, 

AND TO CONCLUDE THIS PROTOCOL, 

Article 1 

The text of the Agreement, the Annexes and Protocols, which form an integral part thereof, 
the  Final  Act  and  the  declarations  annexed  thereto  shall  be  drawn  up  in  Bulgarian  and 
Romanian languages and those texts shall be authentic in the same way as the original texts. 
The Joint Committee shall approve the Bulgarian and Romanian texts. 

Article 2 

The special provisions applicable to imports into the Community of certain fish and fishery 
products originating in Iceland are laid down in this Protocol and the Annex thereto. 

The annual duty free quotas provided for in the Annex to this Protocol shall be implemented 
for the period 1 January 2007 to 30 April 2009. The quota levels shall be reviewed by the end 
of that period taking into account all relevant interests. The quota levels for 2007 shall not be 
effectively  reduced  because  the  enlargement  of  the  European  Economic  Area  did  not  take 
place  on  1  January  2007.  The  tariff  quota  volumes  for  2009  shall  be  reduced  according  to 
their application until 30 April 2009. 

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Article 3 

This Protocol shall be ratified or approved by the Contracting Parties in accordance with their 
own  procedures.  The  instruments  of  ratification  or  approval  shall  be  deposited  with  the 
General Secretariat of the Council of the European Union. 

It shall enter into force on the day following the deposit of the last instrument of ratification or 
approval  provided  that  the  instruments  of  ratification  or  approval  of  the  following  related 
agreements have been deposited as well:  

(i) 

(ii) 

(iii) 

(iv) 

Agreement  on  the  Participation  of  the  Republic  of  Bulgaria  and  Romania  in  the 
European Economic Area; 

Agreement in the form of an Exchange of Letters between the European Community 
and  the  Kingdom  of  Norway  concerning  a  Cooperation  Programme  for  Economic 
Growth and Sustainable Development in Bulgaria; 

Agreement in the form of an Exchange of Letters between the European Community 
and  the  Kingdom  of  Norway  concerning  a  Cooperation  Programme  for  Economic 
Growth and Sustainable Development in Romania; and 

Additional Protocol to the Agreement between the European Economic Community 
and the Kingdom of Norway consequent on the accession of the Republic of Bulgaria 
and Romania to the European Union. 

Article 4 

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,  Polish,  Portuguese,  Romanian,  Slovak,  Slovenian,  Spanish  and  Swedish  languages 
each of these texts being equally authentic. 

Done at Brussels, […]. 

For the European Community 

For Iceland 

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ANNEX 

SPECIAL PROVISIONS REFERRED TO IN ARTICLE 2 

The  Community  shall  open  the  following  new  annual  duty  free  tariff  quotas  for  products 
originating in Iceland: 

CN code 

Description of products 

Annual quota volume 

0306 19 30 

0304 19 35 

Frozen  Norway 
(Nephrops norvegicus) 

lobsters 

520 tonnes5 

Fillets  of  redfish  (Sebastes 
spp.), fresh or chilled 

 750 tonnes 

5 

Additional duty free tariff quota. Should this particular quota not be fully exhausted by the end of 2007, 
the remaining volume shall be carried over to 2008. For this purpose drawings on this particular tariff 
quota applicable in 2007 shall be stopped on the second working day in the Commission following 1 
April 2008. On the following working day, the unused balance of this 2007 tariff quota shall be made 
available under the corresponding tariff quota applicable in 2008. From that date onwards no retroactive 
drawings and no returns shall be possible on the particular tariff quota applicable in 2007. 

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ADDITIONAL PROTOCOL 

to the Agreement between the European Economic Community and the Kingdom of Norway 
consequent on the accession of the Republic of Bulgaria and Romania to the European Union 

THE EUROPEAN COMMUNITY  

and  

THE KINGDOM OF NORWAY  

HAVING REGARD to the Agreement between the European Economic Community and the 
Kingdom of Norway signed on 14 May 1973, hereinafter called the "Agreement", and to the 
existing  arrangements  for  trade  in  fish  and  fishery  products  between  Norway  and  the 
Community, 

HAVING  REGARD  to  the  accession  of  the  Republic  of  Bulgaria  and  Romania  to  the 
European Union,  

HAVING  REGARD  to  the  Agreement  on  the  Participation  of  the  Republic  of  Bulgaria  and 
Romania in the European Economic Area,  

HAVING  REGARD  to  the  existing  regime  for  trade  in  fish  and  fishery  products  between 
Norway and Republic of Bulgaria and Romania,  

HAVE  DECIDED  to  determine  by  common  accord  the  adjustments  to  the  Agreement 
consequent Republic of Bulgaria and Romania on the accession of to the European Union,  

AND TO CONCLUDE THIS PROTOCOL,  

Article 1 

The text of the Agreement, the Annexes and Protocols, which form an integral part thereof, 
the  Final  Act  and  the  declarations  annexed  thereto  shall  be  drawn  up  in  Bulgarian  and 
Romanian languages and those texts shall be authentic in the same way as the original texts. 
The Joint Committee shall approve the Bulgarian and Romanian texts. 

Article 2 

The special provisions applicable to imports into the Community of certain fish and fishery 
products originating in Norway are laid down in this Protocol.  

The tariff quotas provided for in Article 3 of this Protocol shall be implemented for the period 
from  1  January  2007  to  30  April  2009.  The  quota  levels  referred  to  in  Article  3  shall  be 
reviewed by the end of that period taking into account all relevant interests. The quota levels 
for 2007 shall not be effectively reduced because the enlargement of the European Economic 
Area did not take place on 1 January 2007. The tariff quota volumes for 2009 shall be reduced 
according to their application until 30 April 2009. 

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The rules of origin applicable for the tariff quotas shall be those set out in Protocol No 3 to the 
Agreement. 

Article 3 

The Community shall open the following new additional annual duty free tariff quotas: 

•  Mackerel of the species Scomber scombrus or Scomber japonicus, frozen 

(CN Code 0303 74 30):  9 300 tonnes 

•  Herrings (Clupea harengus, Clupea pallasii), frozen 

(CN Code 0303 51 00):  1 800 tonnes 

•  Fillets 

flaps  of  herring 
(CN Codes 0304 29 75 and 0304 99 23): 600 tonnes 

and 

(Clupea  harengus,  Clupea  pallasii), 

frozen  

•  Other fish, frozen (CN Code 0303 79 98): 2 200 tonnes 

•  Other salmonidae, frozen (CN Code 0303 29 00): 2 000 tonnes 

•  Shrimps and prawns, peeled and frozen 

(CN Codes ex1605 20 10, ex1605 20 91 and ex1605 20 99): 

2 000 tonnes 

Article 4 

The Community shall lift the condition “for industrial manufacture”, and thereby the end-user 
requirement,  on  the  tariff  quotas  that  were  opened  in  2004  for  frozen  mackerel  (order  Nos 
09.0760,  09.0763  and  09.0778),  frozen  herrings  (order  No  09.0752)  and  frozen  flaps  of 
herring (order No 09.0756). Correspondingly, the requirement for human consumption of the 
products under the same tariff quotas shall be removed.  

The  existing  duty  free  tariff  quota  for  frozen  peeled  shrimps  and  prawns  with  order  No 
09.0758 shall be available for CN codes ex1605 20 10, ex1605 20 91 and ex1605 20 99. 

For the period of 1 January 2008 to 31 December 2008, the Community shall merge the two 
existing duty free tariff quotas for frozen peeled shrimps and prawns (order Nos. 09.0745 and 
09.0758) and the additional new duty free tariff quota of 2 000 tonnes for which provision is 
made  under  Article  3,  and  it  shall  make  the  merged  tariff  quota  available  for  CN  Codes 
ex1605 20 10, ex1605 20 91 and ex1605 20 99.  

From  1  January  2009,  the  two  existing  tariff  quotas  for  frozen  peeled  shrimps  and  prawns 
with order No 09.0758 (2 500 tonnes) and with order No 09.0745 (5 500 tonnes) and the new 
additional duty free tariff quota of 2 000 tonnes will apply as three separate tariff quotas and 
will be made available for CN codes ex1605 20 10, ex1605 20 91 and ex1605 20 99. 

As of 15 June 2008, the Community shall merge the sub-periods related to the existing three 
tariff quotas for mackerel (order Nos 09.0760, 09.0763 and 09.0778) into one single period of 
15 June to 14 February.  

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Article 5 

Representatives  from  the  European  Community  and  Norway  shall  meet  before  the  end  of 
2007  to  explore  the  possibility  to  apply  the  rules  of  origin  set  out  in  Protocol  No  3  to  the 
Agreement also for products covered by the exchange of letters concerning trade in fish of 16 
April 1973. 

Article 6  

This  Protocol  shall  be  ratified  or  approved  by  the  European  Community  and  Norway  in 
accordance  with  their  own  procedures.  The  instruments  of  ratification  or  approval  shall  be 
deposited with the General Secretariat of the Council of the European Union.  

It shall enter into force on the day following the deposit of the last instrument of ratification or 
approval  provided  that  the  instruments  of  ratification  or  approval  of  the  following  related 
agreements have been deposited as well:  

(i) 

(ii) 

(iii) 

(iv) 

Agreement  on  the  Participation  of  the  Republic  of  Bulgaria  and  Romania  in  the 
European Economic Area; 

Agreement in the form of an Exchange of Letters between the European Community 
and  the  Kingdom  of  Norway  concerning  a  Cooperation  Programme  for  Economic 
Growth and Sustainable Development in Bulgaria; 

Agreement in the form of an Exchange of Letters between the European Community 
and  the  Kingdom  of  Norway  concerning  a  Cooperation  Programme  for  Economic 
Growth and Sustainable Development in Romania; and 

Additional Protocol to the Agreement between the European Economic Community 
and the Republic of Iceland consequent on the accession of the Republic of Bulgaria 
and Romania to the European Union. 

Article 7 

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.  

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