Council and Commission Decision

of 25 April 2005

on the conclusion of the Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, to take account of the accession 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 to the European Union

(2005/431/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to the Treaty concerning the accession 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 (hereinafter referred to as the "new Member States") to the European Union, and in particular Article 6(2) of the Act concerning the conditions of accession annexed to that Treaty,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament [1],

Whereas:

(1) The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part (hereinafter referred to as "the Europe Agreement") [2], was signed in Brussels on 1 February 1993 and entered into force on 1 February 1995.

(2) The Treaty concerning the accession 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 to the European Union (hereinafter referred to as "the Treaty of Accession"), was signed in Athens on 16 April 2003 and entered into force on 1 May 2004.

(3) An Additional Protocol to the Europe Agreement is necessary to take account of the accession of the 10 new Member States.

(4) Consultations on this Additional Protocol have taken place in accordance with Article 28(2) of the Europe Agreement, so as to ensure that account is taken of the mutual interests of the Community and Romania.

(5) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [3].

(6) The Additional Protocol should therefore be approved,

HAVE DECIDED AS FOLLOWS:

Article 1

The Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, to take account of the accession 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 to the European Union, is hereby approved.

The text of the Additional Protocol is attached to this Decision.

Article 2

The Commission shall adopt detailed rules for the implementation of the Additional Protocol in accordance with the procedure referred to in Article 4(2).

Article 3

1. The order numbers as attributed to the tariff quotas in the Annex to this Decision may be changed by the Commission in accordance with the procedure referred to in Article 4(2). Tariff quotas with an order number above 09.5100 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code [4].

2. Quantities of goods subject to tariff quotas and released for free circulation as from 1 July 2004 under the concessions provided for in Annex A(b) to the Protocol approved under Decision 2003/18/EC [5] shall be fully counted against the quantities provided for in the fourth column in Annex A(b) to the Additional Protocol attached to this Decision, except for quantities for which import licences were issued before 1 July 2004.

Article 4

1. The Commission shall be assisted by the Management Committee for Sugar as set up in Article 42 of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector [6] or, where appropriate, by the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets.

2. Where reference is made to this paragraph, Articles 4 and 7 of Council Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Council Decision 1999/468/EC shall be set at one month.

3. The Committee shall adopt its rules of procedure.

Article 5

The President of the Council is hereby authorised to designate the person empowered to sign the Additional Protocol on behalf of the European Community.

Article 6

The President of the Council shall, on behalf of the European Community and its Member States, give the notification provided for in Article 9 of the Additional Protocol. The President of the Commission shall give such notification on behalf of the European Atomic Energy Community.

Done at Luxembourg, 25 April 2005.

For the Council

The President

J. Asselborn

For the Commission

The President

J. M. Barroso

[1] Assent delivered on 22 February 2005 (not yet published in the Official Journal).

[2] OJ L 357, 31.12.1994, p. 2, as amended.

[3] OJ L 184, 17.7.1999, p. 23.

[4] OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

[5] Council Decision 2003/18/EC of 19 December 2002 concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions (OJ L 8, 14.1.2003, p. 18).

[6] OJ L 178, 30.6.2001, p. 1.

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ANNEX

Order numbers for EU tariff quotas for products originating in Romania

(as referred to in Article 3)

Quota Order No | CN code | Description |

09.4769 | 010290050102902101029029010290410102904901029051010290590102906101029071 | Live bovine animals |

09.4753 | 02010202 | Meat of bovines, fresh, chilled or frozen |

09.4756 | ex0203021011021012021019 | Meat of domestic swine, fresh, chilled or frozen |

09.4765 | 02061095 | Fresh or chilled edible bovine thick and thin skirt |

02062991 | Frozen edible bovine thick and thin skirt |

021020 | Meat of bovine animals, salted, in brine, dried or smoked |

02109951 | Thick and thin skirt of bovine animals |

09.5855 | 0207 | Meat and edible offal, of the poultry of heading 0105 |

09.4771 | 04021019040221110402211904022191 | Milk and cream, in powder or other solid forms |

09.4772 | 04031011 to 04031039 | Yoghurt, not flavoured nor containing added fruits, nuts or cocoa |

04039011 to 04039069 | Other, not flavoured nor containing added fruits, nuts or cocoa |

09.4758 | 0406 | Cheese and curd |

09.5835 | 040700110407001904070030 | Birds eggs in shell |

0408 | Birds eggs not in shell |

09.6101 | 07020000 | Tomatoes |

09.5837 | 07070005 | Cucumbersfor processing |

09.5839 | 07070005 | Cucumbersother than for processing |

09.4726 | 071151002003102020031030 | Mushroom of the genus Agaricus |

09.6119 | 080810200808105008081090 | Apples, other than cider apples |

09.4766 | 1001 | Wheat and meslin |

09.5841 | 100300 | Barley |

11029010 | Barley flour |

11031930 | Barley groats and meal |

11032020 | Barley pellets |

09.5843 | 10040000 | Oats |

11029030 | Oats flour |

11031940 | Groats and meal of oats |

11032030 | Pellets of oats |

09.5871 | 10051090 | Maize seed, other than hybrid seed |

09.4767 | 10059000 | Maize, other than seed |

09.5872 | 1101 | Wheat and meslin flour |

110311 | Wheat groats and meal |

11032060 | Wheat pellets |

09.5873 | 1107 | Malt |

09.6139 | 160231160232160239 | Prepared or preserved meat of poultry |

09.4752 | 1602411016024210160249111602491316024915160249191602493016024950 | Preserved meat of domestic swine |

09.4768 | 160250 | Prepared or preserved meat or offal of bovine animals |

09.5844 | 1701 | Sugar |

1702 | Other sugars |

09.5545 | 2003102020031030 | Mushrooms of the genus Agaricus |

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