CELEX: 51996PC0041
Language: en
Date: 1996-02-09
Title: Proposal for a COUNCIL DECISION on the conclusion of the third Additional Protocol to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           Brussels, 09.02.1996
                                                           COM(96) 41 final
                                                           9670038 (ACC)
                                        Proposal for a
                                  COUNCIL DECISION
on the conclusion of the Third Additional Protocol to the Europe Agreement between the European
Communities and their Member States, of the one part and the Republic of Bulgaria, of the other part
                              (presented by the Commission)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
Following the Essen Summit, a Second Additional Protocol to the Europe Agreement
with Bulgaria was adopted in December 1994 aligning, inter alia, the date of final
elimination of customs duties applied by the Community to Bulgarian exports in the
textiles sector with that in the Europe Agreements with the Visegrad countries, i.e. on 1
January 1997.
During the negotiations held on 27-28 November 1995 pursuant to Article 1, paragraph 3
of the Additional Protocol to the Europe Agreement on Trade in Textile Products,
Bulgaria offered to accelerate by one year its tariff dismantling for products of Chapters
50-63 of the Bulgarian Tariff listed in Annex VI to the Europe Agreement and requested
in return the reduction by the European Community of its preferential customs duties to a
rate equal to two-sevenths of the basic duty from 1 January 1996.
The present adjustment would bring the tariff treatment of Bulgarian exports in textile
products in line with that of the Visegrad associated countries.
The Council is requested to adopt the attached Decision on the conclusion of a Third
Protocol to the Europe Agreement with Bulgaria.
                                               X
 ---pagebreak---                                               Council Decision
                                             of             19%
     on the conclusion of the Third Additional Protocol to the Europe Agreement between the European
    Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part
                                                 (96/.../EC)
  THE COUNCIL OF THE EUROPEAN UNION,
  Having regard to the Treaty establishing the European Community, and in particular Article 113 in
  conjunction with Article 228 (2) thereof,
  Having regard to the Europe Agreement signed by the Parties on 8 March 1993 \ as amended by the
  Second Additional Protocol signed on 30 December 1994^
 Having regard to the proposal from the Commission,
  Whereas in the framework of the negotiations held on 27-28 November 1995 in accordance with Article 1
  (3) of the Additional Protocol to the Europe Agreement on Trade in Textile Products between the
 European Community and the Republic of Bulgaria, Bulgaria declared that it is prepared to accelerate by
 one year its tariff dismantling for products of Chapters 50-63 of the Bulgarian Customs Tariff listed in
 Annex VI to the Europe Agreement, to reach zero duty on 1 January 2001; In return Bulgaria requested
 the reduction by the European Community of customs duties on imports applicable in the Community to
 textile products falling within Section XI (Chapters 50 to 63) of the combined nomenclature and
 originating in Bulgaria in accordance with Protocol 4 of the Europe Agreement to a rate equal to two-
 sevenths of the basic duty ratefrom1 January 1996;
 Whereas this adjustment to the Europe Agreement should be approved,
 HAS DECIDED AS FOLLOWS :
                                                 Article J
 A Third Additional Protocol amending the Europe Agreement between the European Communities and
 their Member States, of the one part, and the Republic of Bulgaria, of the other part, is hereby approved
on behalf of the Community.
The text of the Third Additional Protocol is attached to this Decision.
                                                 Article 2
The President of the Council is hereby authorized to designate the person empowered to sign the Third
Additional Protocol on behalf of the European Community.
The President of the Council shall give the notification on behalf of the European Community that all
necessary procedures have been completed
Done at Brussels,
For the Council
The President
1
          OJN°L 358, 31.12.94.
2
          OJN°L 378, 31.12.94.
 ---pagebreak---                                            Draft
                           THIRD ADDITIONAL PROTOCOL
  to the Europe Agreement between the European Communities and their Member
         States, of the one part, and the Republic of Bulgaria, of the other part
THE EUROPEAN COMMUNITY (hereinafter referred to as "the Community"),
 of the one part, and
THE REPUBLIC OF BULGARIA (hereinafter referred to as "Bulgaria"),
of the other part,
WHEREAS, the Europe Agreement establishing an association between the European
Communities and their Member States, of the one part, and the Republic of Bulgaria, of
the other part (hereinafter referred to as "the Europe Agreement") was signed in Brussels
on 8 March 1993, and entered into force on 1 February 1995;
WHEREAS, certain provisions of the Europe Agreement relating to the dismantlement of
customs duties were last amended by the Second Additional Protocol signed on 30
December 1994 (hereinafter referred to as "the Second Additional Protocol");
BEARING IN MIND the desirability of the Community of aligning the duties applicable
to exports of textile products originating in Bulgaria with those of the Visegrad associated
countries;
BEARING IN MIND the willingness of Bulgaria to accelerate by one year its tariff
dismantling for products of Chapters 50-63 of the Bulgarian Customs Tariff listed in
Annex VI to the Europe Agreement, to reach zero duty on 1 January 2001;
BEARING IN MIND the objectives of the Europe Agreement and, in particular, those
referred to in Article 1(2) second and third indents thereof,
HAVE DECIDED to conclude this Protocol and to this end have designated as their
plenipotentiaries :
THE EUROPEAN COMMUNITY :
THE REPUBLIC OF BULGARIA
who, having exchanged their full powers, found in good and due form, HAVE AGREED
AS FOLLOWS :
 ---pagebreak---                                              Article 1
 The third indent of Article 2 (1) of Protocol 1 on textile and clothing products to the
 Europe Agreement as last amended by the Second Additional Protocol, shall be replaced
 by the following text :
         "at the start of the fourth year, to two-sevenths of the basic duty".
                                             Article 2
 The following text shall be added to the end of Article 11 (3) of the Europe Agreement:
         "However, in the case of products listed in Chapters 50-63 of the Bulgarian
 Customs Tariff, Bulgaria shall eliminate all such duties eight years after the entry into
 force of the Agreement."
                                            Article 3
 This Protocol shall form an integral part of the Europe Agreement.
                                            Article 4
 This Protocol shall enter into force on thefirstday of the month following the date upon
 which the Parties notify each other of the completion of the procedures necessary for that
purpose. This Protocol shall applyfrom1 January 1996.
If this Protocol should enter into force after 1 January 1996, any duties paid which would
not have been payable if the Protocol had entered into force and its provisions had been
implemented on that date shall be refunded and such refund shall be deemed to constitute
full compliance with the obligation not to impose such duties.
                                            Article 5
This Protocol shall be drawn up in two copies in the Danish, Dutch, English, Finnish,
French, German, Greek, Italian, Portuguese, Spanish, Swedish and the Bulgarian
languages, each of these texts being equally authentic.
         On behalf of the Community                     For the Republic of Bulgaria
 ---pagebreak---                                Financial Statement
1.  Budget heading : Chapter 12. Article 120
2   Legal basis       : Article 113 of the Treaty
3. Titles of tariff measures :
   - Draft Council Decision on the conclusion of the Third Additional Protocol to the
   Europe Agreement between the European Communities and their Member States,
   of the one part, and the Republic of Bulgaria, of the other part
   - Draft Third Additional Protocol to the Europe Agreement between the European
   Communities and their Member States, of the one part, and the Republic of
   Bulgaria, of the other part
4.   Aim :
    Fulfillment of the obligations arising from the adoption of the Third Additional
     Protocol to the Europe Agreement with Bulgaria
5.  Method of calculation :
   On the basis of the 1994 EUR-12 imports from Bulgaria, the customs revenue
   forgone concerning this tariff measure is estimated to 2.15 Mio ECU.
 ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(96) 41 final
                                               DOCUMENTS
EN                                                                            11
                                     Catalogue number : CB-CO-96-053-EN-C
                                                             ISBN 92-78-00214-3
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