CELEX: 21994A1231(49)
Language: en
Date: 1994-12-30 00:00:00
Title: Second 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, and to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Bulgaria, of the other part

No L 378/2                              Official Journal of the European Communities                                    31 . 12 . 94
                                            SECOND 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, and to the Interim Agreement on
           trade and trade-related matters between the European Economic Community and the European
             Coal and Steel Community, of the one part, and the Republic of Bulgaria, of the other part
           THE EUROPEAN COMMUNITY AND THE EUROPEAN COAL AND STEEL COMMUNITY,
           hereinafter referred to as 'the Community',
           of the one part, and
           THE REPUBLIC OF BULGARIA,
           of the other part,
           WHEREAS the Europe Agreement establishing an association between the European Communities and their
           Member States and the Republic of Bulgaria (hereinafter referred to as 'the Europe Agreement') was signed
           in Brussels on 8 March 1993 , and has not yet entered into force;
           WHEREAS; pending the entry into force of the Europe Agreement, provisions thereof on trade and
           trade-related matters have been put into force since 31 December 1993 by the Interim Agreement on trade
           and trade-related matters between the European Economic Community and the European Coal and Steel
           Community, of the one part, and the Republic of Bulgaria, of the other part (hereinafter called 'the Interim
           Agreement'), signed in Brussels on 8 March 1993;
           WHEREAS, the Europe Agreement and the Interim Agreement have been amended by the Additional
           Protocoj signed on 21 December 1993, hereinafter referred to as the First Additional Protocol;
           RECOGNIZING the crucial importance of trade in the transition to a market economy;
           BEARING IN MIND the willingness of the Community to align the Republic of Bulgaria's time-table of the
           trade provisions included in the Europe and Interim Agreements with that of the Visegrad associated
           countries;
           BEARING IN MIND the objectives of the Europe Agreement and, in particular, those referred to in
           Article 1 thereof;
           HAVING REGARD to the Interim Agreement,
           HAVING DECIDED to conclude this Protocol and to this end have designated as their plenipotentiaries:
           THE EUROPEAN COMMUNITY:
               Dietrich von KYAW
               Ambassador,
               Permanent Representative of the Federal Republic of Germany,
               Chairman of the Permanent Representatives Committee
           THE REPUBLIC OF BULGARIA:
               Evgeni IVANOV
               Ambassador,
               Head of the Bulgarian Mission to the European Communities
           WHO, having exchanged their full powers, found in good and due form,
           HAVE AGREED AS FOLLOWS :
 ---pagebreak---  31 . 12 . 94                             Official Journal of the European Communities                              No L 378/3
                             Article 1                                                        Article 5
Article 4 ( 3 ) of the Interim Agreement and Article 10 (3 )        In Annex I of Protocol 3 on processed agricultural
of the Europe Agreement as amended by the First                     products to the Interim Agreement and of Protocol 3 on
Additional Protocol shall be replaced by the following              processed agricultural products to the Europe Agreement,
text :
                                                                    the number of years after which the final rate of duty is
                                                                    applicable, as set out in column 7, shall be changed from
     '3 . The products of Bulgarian origin listed in                4 to 3 years for the products falling under CN codes
     Annex III shall benefit from a suspension of customs            1803 , 1804 00 00 and 1805 00 00.
     duties on imports within the limits of annual
     Community tariff quotas or ceilings increasing
     progressively in accordance with the conditions                In Annex II of Protocol 3 on processed agricultural
     defined in that Annex so as to arrive at a complete            products to the Interim Agreement and of Protocol 3 on
     abolition of customs duties on imports of the products         processed agricultural products to the Europe Agreement,
     concerned by the end of the second year after the date         the quantities in tonnes set out for 1996 shall be deleted
     of entry into force of the Agreement.                          and the quantities in tonnes set out for 1997 onwards
                                                                    shall be applicable from 1996 onwards.
     At the same time customs duties on imports applicable
     to import quantities in excess of the quotas or ceilings
     provided for above shall be progressively dismantled
     from the entry into force of the Agreement by annual                                     Article 6
     reductions of 15 % of the basic duty. By the end of
     the second year, remaining duties shall be abolished.'         In Annex II and in the Annex to Appendix B of the
                                                                    Additional Protocol to the Europe Agreement on trade in
                                                                    textile products between the European Economic
                            Article 2                               Community and the Republic of Bulgaria, the
                                                                    quantitative limits set out for 1998 shall be deleted. In
The footnotes of Annex III to the Interim Agreement and             the Agreed Minute No 5, 'a five year period starting from
of Annex III to the Europe Agreement are no longer                   1 January 1994' shall be replaced by 'a four year period
applicable.                                                         starting from 1 January 1994'.
                            Article 3                                                         Article 7
The following text shall replace point 1(b ) of the
introductory paragraph introduced into Annexes XIa,                 This Protocol shall form an integral part of the Interim
XHIa and XHIb to the Interim Agreement and to                       Agreement and of the Europe Agreement.
Annexes XIa, XHIa and Xlllb to the Europe Agreement
by the First Additional Protocol:
                                                                                              Article 8
     ' l.(b) The quantities in tonnes set out for year 4
     shall not apply and the quantities set out for year 5
     shall be applicable for year 4 which begins on 1 July          This Protocol shall enter into force on the first day of the
     1995 .'                                                        month following the date upon which the Parties notify
                                                                    each other of the completion of the procedures necessary
                                                                    for that purpose. This Protocol shall apply from
                            Article 4                               1 January 1995 .
1 . In the introductory paragraph to Article 2 ( 1 ) of             If this Protocol should enter into force after 1 January
Protocol 1 on textile and clothing products to the Interim          1995 , any duties paid which would not have been
Agreement and Protocol 1 on textile and clothing                    payable if the Protocol had entered into force and its
products to the Europe Agreement as amended by the                  provisions had been implemented on that date shall be
First Additional Protocol, 'elimination at the end of a             refunded and such refund shall be deemed to constitute
period of five years' shall be replaced by- 'elimination at         full compliance with the obligation not to impose such
the end of a period of four years'.                                 duties .
2.       The last two indents of Article 2 ( 1 ) of Protocol 1
on textile and clothing products to the Interim Agreement                                     Article 9
and of Protocol 1 on textiles and clothing products to the
Europe Agreement as amended by the First Additional
Protocol, shall be replaced by the following text:                  This Protocol shall be drawn up in two copies in the
                                                                    Danish, Dutch, English, French, German, Greek, Italian,
    'at the start of the fifth year the remaining duties shall      Portuguese, Spanish and the Bulgarian languages, each of
    be eliminated'.                                                 these texts being equally authentic.
 ---pagebreak--- No L 378/4                           Official Journal of the European Communities                      31 . 12 . 94
           Hecho en Bruselas, el treinta de diciembre de mil novecientos noventa y cuatro.
           Udfærdiget i Bruxelles, den tredivte december nitten hundrede og fireoghalvfems.
           Geschehen zu Brüssel am dreißigsten Dezember neunzehnhundertvierundneunzig.
           Έγινε στις Βρυξέλλες, στις τριάντα Δεκεμβρίου χίλια εννιακόσια ενενήντα τεσσερα.
           Done at Brussels on the thirtieth day of December in the year one thousand nine hundred and
           ninety-four.
           Fait à Bruxelles, le trente décembre mil neuf cent quatre-vingt-quatorze.
           Fatto a Bruxelles, addì trenta dicembre millenovecentonovantaquattro .
           Gedaan te Brussel, de dertigste december negentienhonderd vierennegentig.
           Feito em Bruxelas, em trinta de Dezembro de mil novecentos e noventa e quatro .
           HAΠPABEHO B 6PI0KCEJ1                    HA 30 ΠEKEMBPM 1994 Γ0UHHA
           Por la Comunidad Europea
           For Det Europæiske Fællesskab
           Für die Europäische Gemeinschaft
           Για την Ευρωπαϊκή Κοινότητα
           For the European Community
           Pour la Communauté européenne
           Per la Comunità europea
           Voor de Europese Gemeenschap
           Pela Comunidade Europeia
           3a PenyDDiHKa buifapHH