CELEX: 52004PC0697
Language: en
Date: 2004-10-22
Title: Proposal for a Council Decision amending Council Decision 2001/855/EC of 15 Novmber 2001 in order to take account of certain treaties and trade agreements concluded with third countries by new Member States prior to their accession to the European Union

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     Brussels, 22.10.2004
                                                     COM(2004) 697 final
                                                     .
                                        Proposal for a
                                  COUNCIL DECISION
   amending Council Decision 2001/855/EC of 15 Novmber 2001 in order to take account of
                                      certain treaties
    and trade agreements concluded with third countries by new Member States prior to
                          their accession to the European Union
                                              .
                               (presented by the Commission)
EN                                                                                      EN
 ---pagebreak---                                EXPLANATORY MEMORANDUM
   The Council is hereby invited to authorise the Czech Republic, the Republic of Estonia,
   the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of
   Lithuania, the Republic of Poland and the Republic of Slovenia to maintain in force certain
   trade-related agreements after their accession to the EU.
   1- Legal basis
   Council Decision 69/494/EEC of 16 December 1969 on the progressive standardisation of
   agreements concerning commercial relations between Member States and third countries
   allows Member States to request an authorisation for the continuation in force of provisions
   governing matters covered by the common commercial policy.
   Authorisation may be granted when the matters covered by the bilateral agreements are not
   the subject of Community agreements. Moreover, the provisions of the bilateral agreements
   must not constitute an obstacle to the implementation of the common commercial policy.
   Member States must be willing to adapt and if necessary terminate the bilateral agreements;
   the agreements must therefore contain short (3-12 months) denunciation clauses. The
   authorisation is granted for a period of four years. It was last granted to the 15 Member States
   on 15 November 2001 by Council Decision 2001/855/EC.
   2- Scope of the exercise
   The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of
   Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the
   Republic of Poland, the Republic of Slovenia, and the Slovak Republic were requested to
   ensure that all their international agreements incompatible with their EU membership
   obligations were denounced or renegotiated by the time of their accession to the EU (article
   6.10 of the Act of Accession). This commitment was translated into action by the new
   Member States.
   However, before their accession to the EU, eight acceding countries (the Czech Republic, the
   Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of
   Latvia, the Republic of Lithuania, the Republic of Poland and the Republic of Slovenia) have
   notified the Commission of their intention to request the prolongation of certain agreements in
   accordance with the provisions of Council Decision 69/494/EEC.
   The Commission has analysed these requests. Out of the 44 agreements concerned, 17 should
   be authorised to remain in force. Six notifications were found to be irrelevant in the present
   exercise. However, 21 agreements were found not to meet one or several of the above-
   mentioned conditions. Consequently, these agreements should not be allowed to remain in
   force.
   Due to delays in the procedure and in receiving certain acceding countries’ notifications, the
   present proposal could not be elaborated before 1 May 2004. In the period between 1 May
   2004 and the adoption by the Council of the attached proposal, the rights of third countries are
   safeguarded under Article 307 of the Treaty.
EN                                                 2                                                EN
 ---pagebreak---    3- Result of consultations
   Consultations were held with the new Member States concerned which so requested. These
   consultations were instrumental in clarifying whether the bilateral agreements whose
   maintenance in force after accession to the EU was requested contained provisions relating to
   the EU’s common commercial policy, and whether these provisions could constitute an
   obstacle to that policy. The new Member States concerned also provided information on their
   contacts with the co-contracting countries to bring the agreements in conformity with the
   acquis communautaire.
   4- Duration of the proposed authorisation
   It is proposed that, in accordance with Article 3 of Council Decision 69/494/EEC, and in
   order to harmonise the duration of validity of agreements prolonged under the present
   Decision, with those listed under Council Decision 2001/855/EC, the authorisation to
   maintain in force the 17 agreements is only granted until 30 April 2005. The authorisation
   may be renewed for four years on 1 May 2005 for the agreements of the 25 Member States
   meeting the criteria set out in Council Decision 69/494/EEC, should the necessary conditions
   still be met.
   5- Procedure
   The Council is invited to adopt the attached proposal for a Council Decision amending the
   annex to Council Decision 2001/855/EC.
EN                                                3                                              EN
 ---pagebreak---                                               Proposal for a
                                         COUNCIL DECISION
     amending Council Decision 2001/855/EC of 15 November 2001 in order to take account
                                            of certain treaties
      and trade agreements concluded with third countries by new Member States prior to
                                 their accession to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 69/494/EEC of 16 December 1969 on the progressive
   standardisation of agreements concerning commercial relations between Member States and
   third countries and on the negotiation of Community agreements1, and in particular Article 3
   thereof,
   Having regard to the proposal from the Commission,2
   Whereas:
   (1)     The automatic renewal or continuation in force of certain provisions governing matters
           covered by the common commercial policy contained in the friendship, trade and
           navigation treaties and trade agreements concluded between the Member States and
           third countries was last authorised by Council Decision 2001/855/EC,3 which was
           adopted on 15 November 2001.
   (2)     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 Poland,
           and the Republic of Slovenia (“the new Member States concerned”) have requested
           authorisation for the continuation in force of provisions governing matters covered by
           the common commercial policy within the meaning of Article 133 of the Treaty
           contained in a number of trade-related agreements, in order to avoid interrupting their
           contractual commercial relations with the third countries concerned.
   (3)     Some of the matters covered by the national bilateral agreements are governed by
           Community agreements; authorisation should accordingly be given only in respect of
           those matters not covered by Community agreements.
   (4)     The bilateral agreements and agreements to be automatically renewed or maintained in
           force should not be allowed to obstruct the implementation of the common
           commercial policy.
   1
           OJ L 326, 29.12.1969, p. 39.
   2
           OJ C […] […], p. […]
   3
           OJ L 320, 5.12.2001, p. 13.
EN                                                   4                                             EN
 ---pagebreak---    (5)    Authorisation should also be given where the existence of the agreement facilitates the
          enforcement of substantial outstanding debts owed by the third country to the Member
          State, provided that the Member State undertakes to terminate or renegotiate such
          agreement once the debt is settled.
   (6)    Moreover, such authorisation should not serve to absolve the new Member States
          concerned from the obligation of avoiding and eliminating any incompatibility
          between such bilateral agreements and the provisions of Community law.
   (7)    The new Member States concerned have taken, and continue to take, the necessary
          steps to ensure that the requisite conditions, if any, are met to adapt or terminate those
          bilateral agreements.
   (8)    On conclusion of the consultations under Article 2 of Decision 69/494/EEC, it was
          established that the provisions of certain specified bilateral agreements would not
          constitute an obstacle to the implementation of the common commercial policy;
   (9)    The bilateral agreements in question contain termination clauses requiring a period of
          notice of between three and twelve months.
   (10)   In order to harmonise the duration of validity of the agreements now requiring to be
          extended with those currently listed in Decision 2001/855/EC, the authorisation to
          uphold those agreements should not extend beyond the closing date laid down in that
          Decision,
   HAS ADOPTED THIS DECISION:
                                               Article 1
   The bilateral trade agreements listed in the Annex to this Decision are added to the Annex to
   Decision 2001/855/EC.
                                               Article 2
   The provisions governing matters covered by the common commercial policy within the
   meaning of Article 133 of the Treaty, and contained in the bilateral trade agreements listed in
   the Annex to Decision 2001/855/EC as amended by this Decision, may be maintained in force
   up to 30 April 2005.
EN                                                 5                                                 EN
 ---pagebreak---    This authorisation shall apply only to those areas not covered by agreements between the
   Community and the third countries concerned. The new Member States concerned shall
   inform the Commission of any circumstances that might necessitate withdrawal of the
   authorisation granted in Article 2.
   This Decision shall apply from1 May 2004.
   This Decision is addressed to the Member States.
   Done at Brussels, […]
                                         For the Council
                                          The President
EN                                              6                                           EN
 ---pagebreak---          ANEXO PŘÍLOHA BILAG ANHANG LISA ΠΑΡΑΡΤΗΜΑ ANNEX ANNEXE
            ALLEGATO PIELIKUMS PRIEDAS MELLÉKLET ANNESS BIJLAGE
                  ZAŁĄCZNIK ANEXO PRÍLOHA PRILOGA LIITE BILAGA
    Estado miembro        País tersero     Naturaleza del Acuerdo          Fecha del Acuerdo
      Členský stát        Třetí země             Typ dohody                  Datum dohody
      Medlemsstat         Tredjeland              Aftalens art                Aftalens dato
      Mitgliedstaat        Drittland         Art des Abkommens         Zeitpunkt des Abkommens
       Liikmesriik       Kolmas riik             Lepingu tüüp               Lepingu kuupäev
     Kράτος µέλος         Тρίτη χώρα        Φύση της συµφωνίας         Ηµεροµηνία της συµφωνίας
     Member State       Third country         Type of Agreement           Date of the Agreement
      Etat membre          Pays tiers          Type de l’accord             Date de l’accord
     Stato membro         Paeze terzo        Natura dell’accordo            Data dell’accordo
       Dalībvalsts       Trešā valsts            Līguma veids                Līguma datums
     Valstybė Narė       Trečioji šalis        Susitarimo rūšis        Susitarimo pasirašymo data
        Tagállam      Harmadik ország       A megállapodás tipusa         A megállapodás kelte
      Stat Membru          Pajjiż terz           Tip ta' ftehim              Data tal-ftehim
         Lidstaat         Derde land      Aard van de overeenkomst     Datum van de overeenkomst
         Państwo           kraj trzeci          rodzaj umowy             data podpisania umowy
    Estado-Membro        País terceiro        Natureza do acordo             Data do acordo
     Członkowskie       Tretia krajina            Typ dohody            Dátum podpísania dohody
      Členský štát       Tretja država         Vrsta sporazuma         Datum sklenitve sporazuma
     Drzava clanica      Kolmas maa           Sopimuksen luonne          Sopimuksen päivämäärä
       Jäsenvaltio        Tredje land            Typ av avtal               Datum för avtalet
   Česká republika    Afghanistan       Trade Agreement                        24.10.1987
                      Afghanistan       Protocol to the 1987 Trade             29.04.1988
                                        Agreement
                      Afghanistan       Statute of the Czech-Afghan            22.06.1982
                                        Joint Committee
                      Iraq              Long-Term         Trade    and         18.12.1973
                                        Payment Agreement
                      North Korea       Trade Agreement                        01.11.1990
   Eesti              Belarus           Trade       and       Economic         31.07.2001
                                        Cooperation Agreement
   Κύπρος / Kıbrıs    Iraq              Trade Agreement                         2.10.1981
   Lietuva            Belarus           Trade       and       Economic         13.12.1994
                                        Cooperation Agreement
   Magyarország       Cambodia          Mutual Trade and Payments              12.03.1992
                                        Agreement
                      Albania           Mutual Trade and Payments              12.12.1990
                                        Agreement
EN                                             7                                              EN
 ---pagebreak---    Polska    Iraq            Trade      and     Payments  01.01.1959
                             Agreement
             Iraq            Long-Term Agreement on       20.05.1989
                             Economic, Scientific and
                             Technical Cooperation
             Libya           Agreement on      Economic,  11.02.1974
                             Scientific and     Technical
                             Cooperation
             Mongolia        Trade      and      Payment  17.05.1991
                             Agreement
             North Korea     Trade      and      Payment  12.05.1992
                             Agreement
             Syria           Long-Term      Trade    and  20.08.1974
                             Payments Agreement
   Slovenija Former Yugoslav Trade     and      Economic  23.03.2001
             Republic     of Cooperation
             Macedonia
EN                                  8                                EN