Published: 2005-04-25
Key Benefits:
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21.6.2005 |
EN |
Official Journal of the European Union |
L 157/29 |
PROTOCOL
Concerning the conditions and arrangements for admission of the republic of Bulgaria and Romania to the European Union
THE HIGH CONTRACTING PARTIES,
CONSIDERING that the Republic of Bulgaria and Romania become members of the European Union on 1 January 2007;
CONSIDERING that Article I-58 of the Treaty establishing a Constitution for Europe provides that the conditions and arrangements for admission shall be the subject of an agreement between the Member States and the candidate State;
HAVE AGREED UPON the following provisions, which shall be annexed to the Treaty establishing a Constitution for Europe and to the Treaty establishing the European Atomic Energy Community:
PART ONE
PRINCIPLES
Article 1
1. For the purposes of this Protocol:
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the expression ‘Constitution’ means the Treaty establishing a Constitution for Europe; |
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the expression ‘EAEC Treaty’ means the Treaty establishing the European Atomic Energy Community, as supplemented or amended by treaties or other acts which entered into force before accession; |
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the expression ‘present Member States’ means 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 and the United Kingdom of Great Britain and Northern Ireland; |
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the expression ‘new Member States’ means the Republic of Bulgaria and Romania; |
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the expression ‘the institutions’ means the institutions established by the Constitution. |
2. The references in this Protocol to the Constitution and to the Union shall, where appropriate, be taken as references, respectively, to the EAEC Treaty and to the Community established by the EAEC Treaty.
Article 2
From the date of accession, the provisions of the Constitution, the EAEC Treaty and the acts adopted by the institutions before accession shall be binding on Bulgaria and Romania and shall apply in those States under the conditions laid down in the Constitution, in the EAEC Treaty and in this Protocol.
Article 3
1. Bulgaria and Romania accede to the decisions and agreements adopted by the Representatives of the Governments of the Member States meeting within the Council.
2. Bulgaria and Romania are in the same situation as the present Member States in respect of declarations or resolutions of, or other positions taken up by, the European Council or the Council and in respect of those concerning the Union adopted by common agreement of the Member States; they will accordingly observe the principles and guidelines deriving from those declarations, resolutions or other positions and will take such measures as may be necessary to ensure their implementation.
3. Bulgaria and Romania accede to the conventions and protocols listed in Annex I. Those conventions and protocols shall enter into force in relation to Bulgaria and Romania on the date determined by the Council in the decisions referred to in paragraph 4.
4. The Council, acting unanimously on a recommendation by the Commission and after consulting the European Parliament, shall adopt European decisions making all adjustments required by reason of accession to the conventions and protocols referred to in paragraph 3 and publish the adapted text in the Official Journal of the European Union.
5. Bulgaria and Romania undertake in respect of the conventions and protocols referred to in paragraph 3 to introduce administrative and other arrangements, such as those adopted by the date of accession by the present Member States or by the Council, and to facilitate practical cooperation between the Member States' institutions and organisations.
6. The Council, acting unanimously on a proposal from the Commission, may adopt European decisions supplementing Annex I with those conventions, agreements and protocols signed before the date of accession.
7. The particular instruments mentioned in this Article include those referred to in Article IV‐438 of the Constitution.
Article 4
1. The provisions of the Schengen acquis, referred to in Protocol No 17 to the Constitution on the Schengen acquis integrated into the framework of the European Union, and the acts building upon it or otherwise related to it, listed in Annex II, as well as any further such acts adopted before the date of accession, shall be binding on and applicable in Bulgaria and Romania from the date of accession.
2. Those provisions of the Schengen acquis as integrated into the framework of the European Union and the acts building upon it or otherwise related to it not referred to in paragraph 1, while binding on Bulgaria and Romania from the date of accession, shall only apply in each of those States pursuant to a European decision of the Council to that effect after verification in accordance with the applicable Schengen evaluation procedures that the necessary conditions for the application of all parts of the acquis concerned have been met in that State.
The Council shall take its decision, after consulting the European Parliament, acting with the unanimity of its members representing the Governments of the Member States in respect of which the provisions referred to in this paragraph have already been put into effect and of the representative of the Government of the Member State in respect of which those provisions are to be put into effect. The members of the Council representing the Governments of Ireland and of the United Kingdom of Great Britain and Northern Ireland shall take part in such a decision insofar as it relates to the provisions of the Schengen acquis and the acts building upon it or otherwise related to it in which these Member States participate.
Article 5
Bulgaria and Romania shall participate in Economic and Monetary Union from the date of accession as Member States with a derogation within the meaning of Article III-197 of the Constitution.
Article 6
1. The agreements or conventions concluded or provisionally applied by the Union with one or more third States, with an international organisation or with a national of a third State, shall, under the conditions laid down in the Constitution and in this Protocol, be binding on Bulgaria and Romania.
2. Bulgaria and Romania undertake to accede, under the conditions laid down in this Protocol, to the agreements or conventions concluded or signed by the Union and the present Member States, acting jointly.
The accession of Bulgaria and Romania to the agreements or conventions concluded or signed by the Union and the present Member States acting jointly with particular third countries or international organisations shall be agreed by the conclusion of a protocol to such agreements or conventions between the Council, acting unanimously on behalf of the Member States, and the third country or countries or international organisation concerned. The Commission shall negotiate these protocols on behalf of the Member States on the basis of negotiating directives approved by the Council, acting unanimously, and in consultation with a committee comprised of the representatives of the Member States. It shall submit a draft of the protocols for conclusion to the Council.
This procedure is without prejudice to the exercise of the Union's own competences and does not affect the allocation of powers between the Union and the Member States as regards the conclusion of such agreements in the future or any other amendments not related to accession.
3. Upon acceding to the agreements and conventions referred to in paragraph 2 Bulgaria and Romania shall acquire the same rights and obligations under those agreements and conventions as the present Member States.
4. As from the date of accession, and pending the entry into force of the necessary protocols referred to in paragraph 2, Bulgaria and Romania shall apply the provisions of the agreements or conventions concluded jointly by the Union and the present Member States before accession, with the exception of the agreement on the free movement of persons concluded with Switzerland. This obligation also applies to those agreements or conventions which the Union and the present Member States have agreed to apply provisionally.
Pending the entry into force of the protocols referred to in paragraph 2, the Union and the Member States, acting jointly as appropriate in the framework of their respective competences, shall take any appropriate measure.
5. Bulgaria and Romania accede to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part (1), signed in Cotonou on 23 June 2000.
6. Bulgaria and Romania undertake to accede, under the conditions laid down in this Protocol, to the Agreement on the European Economic Area (2), in accordance with Article 128 of that Agreement.
7. As from the date of accession, Bulgaria and Romania shall apply the bilateral textile agreements and arrangements concluded by the Union with third countries.
The quantitative restrictions applied by the Union on imports of textile and clothing products shall be adjusted to take account of the accession of Bulgaria and Romania to the Union. To that effect, amendments to the bilateral agreements and arrangements referred to above may be negotiated by the Union with the third countries concerned prior to the date of accession.
Should the amendments to the bilateral textile agreements and arrangements not have entered into force by the date of accession, the Union shall make the necessary adjustments to its rules for the import of textile and clothing products from third countries to take into account the accession of Bulgaria and Romania.
8. The quantitative restrictions applied by the Union on imports of steel and steel products shall be adjusted on the basis of imports of Bulgaria and Romania over recent years of steel products originating in the supplier countries concerned.
To that effect, the necessary amendments to the bilateral steel agreements and arrangements concluded by the Union with third countries shall be negotiated prior to the date of accession.
Should the amendments to the bilateral agreements and arrangements not have entered into force by the date of accession, the provisions of the first subparagraph shall apply.
9. Fisheries agreements concluded before accession by Bulgaria or Romania with third countries shall be managed by the Union.
The rights and obligations resulting for Bulgaria and Romania from those agreements shall not be affected during the period in which the provisions of those agreements are provisionally maintained.
As soon as possible, and in any event before the expiry of the agreements referred to in the first subparagraph, appropriate decisions for the continuation of fishing activities resulting from those agreements shall be adopted in each case by the Council on a proposal from the Commission, including the possibility of extending certain agreements for periods not exceeding one year.
10. With effect from the date of accession, Bulgaria and Romania shall withdraw from any free trade agreements with third countries, including the Central European Free Trade Agreement.
To the extent that agreements between Bulgaria, Romania or both those States on the one hand, and one or more third countries on the other, are not compatible with the obligations arising from this Protocol, Bulgaria and Romania shall take all appropriate steps to eliminate the incompatibilities established. If Bulgaria or Romania encounters difficulties in adjusting an agreement concluded with one or more third countries before accession, it shall, according to the terms of the agreement, withdraw from that agreement.
11. Bulgaria and Romania accede under the conditions laid down in this Protocol to the internal agreements concluded by the present Member States for the purpose of implementing the agreements or conventions referred to in paragraphs 2, 5 and 6.
12. Bulgaria and Romania shall take appropriate measures, where necessary, to adjust their position in relation to international organisations, and to those international agreements to which the Union or to which other Member States are also parties, to the rights and obligations arising from their accession to the Union.
They shall in particular withdraw at the date of accession or the earliest possible date thereafter from international fisheries agreements and organisations to which the Union is also a party, unless their membership relates to matters other than fisheries.
13. Where this Article refers to conventions and agreements concluded or signed by the Union, they include those referred to in Article IV-438 of the Constitution.
Article 7
A European law of the Council may repeal the transitional provisions set out in this Protocol, when they are no longer applicable. The Council shall act unanimously after consulting the European Parliament.
Article 8
1. Acts adopted by the institutions to which the transitional provisions laid down in this Protocol relate shall retain their status in law; in particular, the procedures for amending those acts shall continue to apply.
2. Provisions of this Protocol the purpose or effect of which is to repeal or amend acts adopted by the institutions, otherwise than as a transitional measure, shall have the same status in law as the provisions which they repeal or amend and shall be subject to the same rules as those provisions.
Article 9
The application of the Constitution and acts adopted by the institutions shall, as a transitional measure, be subject to the derogations provided for in this Protocol.
PART TWO
ADJUSTMENTS TO THE CONSTITUTION
TITLE I
INSTITUTIONAL PROVISIONS
Article 10
1. Article 9, first paragraph, of Protocol No 3 on the Statute of the Court of Justice of the European Union, annexed to the Constitution and the EAEC Treaty, shall be replaced by the following:
‘When, every three years, the Judges are partially replaced, fourteen and thirteen Judges shall be replaced alternately.’.
2. Article 48 of Protocol No 3 on the Statute of the Court of Justice of the European Union, annexed to the Constitution and the EAEC Treaty, shall be replaced by the following:
‘Article 48
The General Court shall consist of twenty‐seven Judges.’.
Article 11
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1. |
In Article 4(1), first subparagraph:
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2. |
In Article 9(2) the first, second and third paragraphs shall be replaced by the following:
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Article 12
Article 134(2), first subparagraph, of the EAEC Treaty on the composition of the Scientific and Technical Committee shall be replaced by the following:
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‘2. |
The Committee shall consist of forty-one members, appointed by the Council after consultation with the Commission.’ |
TITLE II
OTHER ADJUSTMENTS
Article 13
The last sentence of Article III-157(1) of the Constitution shall be replaced by the following:
‘With regard to restrictions existing under national law in Bulgaria, Estonia and Hungary, the date in question shall be 31 December 1999.’
Article 14
Article IV-440(1) of the Constitution shall be replaced by the following:
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‘1. |
This Treaty shall apply to 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, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.’ |
Article 15
1. The following subparagraph shall be added to Article IV-448(1) of the Constitution:
‘Pursuant to the Accession Treaty, the Bulgarian and Romanian versions of this Treaty shall also be authentic.’
2. The second paragraph of Article 225 of the EAEC Treaty shall be replaced by the following:
‘The Bulgarian, Czech, Danish, English, Estonian, Finnish, Greek, Hungarian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish versions of this Treaty shall also be authentic.’
PART THREE
PERMANENT PROVISIONS
TITLE I
ADAPTATIONS TO ACTS ADOPTED BY THE INSTITUTIONS
Article 16
The acts listed in Annex III to this Protocol shall be adapted as specified in that Annex.
Article 17
The adaptations to the acts listed in Annex IV to this Protocol made necessary by accession shall be drawn up in conformity with the guidelines set out in that Annex.
TITLE II
OTHER PROVISIONS
Article 18
The measures listed in Annex V to this Protocol shall be applied under the conditions laid down in that Annex.
Article 19
A European law of the Council may make the adaptations to the provisions of this Protocol relating to the common agricultural policy which may prove necessary as a result of a modification of Union law. The Council shall act unanimously after consulting the European Parliament.
PART FOUR
TEMPORARY PROVISIONS
TITLE I
TRANSITIONAL MEASURES
Article 20
The measures listed in Annexes VI and VII to this Protocol shall apply in respect of Bulgaria and Romania under the conditions laid down in those Annexes.
TITLE II
INSTITUTIONAL PROVISIONS
Article 21
1. In Article 1(2) of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union, annexed to the Constitution and to the EAEC Treaty, the following subparagraph shall be added:
‘By way of derogation from the maximum number of Members of the European Parliament fixed in Article I-20(2) of the Constitution, the number of Members of the European Parliament shall be increased to take account of the accession of Bulgaria and Romania with the following number of Members from those countries for the period running from the date of accession until the beginning of the 2009‐2014 term of the European Parliament:
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Bulgaria |
18 |
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Romania |
35’. |
2. Before 31 December 2007, Bulgaria and Romania shall each hold elections to the European Parliament, by direct universal suffrage of their citizens, for the number of Members fixed in paragraph 1, in accordance with the provisions of the Act concerning the election of the Members of the European Parliament by direct universal suffrage (4).
3. By way of derogation from Article I-20(3) of the Constitution, if elections are held after the date of accession, the Members of the European Parliament representing the citizens of Bulgaria and Romania for the period running from the date of accession until each of the elections referred to in paragraph 2, shall be appointed by the Parliaments of those States within themselves in accordance with the procedure laid down by each of those States.
Article 22
1. In Article 2(2), second subparagraph, of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union, annexed to the Constitution and to the EAEC Treaty, the following shall be inserted between the entries for Belgium and the Czech Republic:
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‘Bulgaria |
10’ |
and, between the entries for Portugal and Slovenia:
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‘Romania |
14’. |
2. Article 2(2), third subparagraph, of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union, annexed to the Constitution and to the EAEC Treaty, shall be replaced by the following:
‘Acts shall be adopted if there are at least 255 votes in favour representing a majority of the members where, under the Constitution, they must be adopted on a proposal from the Commission. In other cases decisions shall be adopted if there are at least 255 votes in favour representing at least two thirds of the members.’.
Article 23
In Article 6 of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union, annexed to the Constitution and to the EAEC Treaty, the following shall be inserted between the entries for Belgium and the Czech Republic:
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‘Bulgaria |
12’ |
and, between the entries for Portugal and Slovenia:
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‘Romania |
15’ |
Article 24
In Article 7 of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union, annexed to the Constitution and to the EAEC Treaty, the following shall be inserted between the entries for Belgium and the Czech Republic:
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‘Bulgaria |
12’ |
and, between the entries for Portugal and Slovenia:
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‘Romania |
15’. |
TITLE III
FINANCIAL PROVISIONS
Article 25
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Bulgaria |
EUR 14 800 000 |
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Romania |
EUR 42 300 000. |
These contributions shall be paid in eight equal instalments falling due on 31 May 2007, 31 May 2008, 31 May 2009, 30 November 2009, 31 May 2010, 30 November 2010, 31 May 2011 and 30 November 2011.
(5)|
Bulgaria |
0,181 % |
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Roumania |
0,517 %. |
3. The capital and payments provided for in paragraphs 1 and 2 shall be paid in by Bulgaria and Romania in cash in euro, save by way of derogation decided unanimously by the Board of Governors.
Article 26
1. Bulgaria and Romania shall pay the following amounts to the Research Fund for Coal and Steel referred to in Decision 2002/234/ECSC of the Representatives of the Governments of the Member States, meeting within the Council, of 27 February 2002 on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel (6):
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(EUR million, current prices) |
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Bulgaria |
11,95 |
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Romania |
29,88. |
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2009: |
15 % |
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2010: |
20 % |
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2011: |
30 % |
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2012: |
35 %. |
Article 27
1. Tendering, contracting, implementation and payments for pre‐accession assistance under the Phare programme (7), the Phare CBC programme (8) and for assistance under the Transition Facility referred to in Article 31 shall be managed by implementing agencies in Bulgaria and Romania as of the date of accession.
The ex‐ante control by the Commission over tendering and contracting shall be waived by a Commission decision to that effect, following an accreditation procedure conducted by the Commission and a positively assessed Extended Decentralised Implementation System (EDIS) in accordance with the criteria and conditions laid down in the Annex to Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre‐accession strategy and amending Regulation (EEC) No 3906/89 (9) and in Article 164 of the Financial Regulation applicable to the general budget of the European Communities (10).
If this Commission decision to waive ex‐ante control has not been taken before the date of accession, any contracts signed between the date of accession and the date on which the Commission decision is taken shall not be eligible for pre‐accession assistance.
However, exceptionally, if the Commission decision to waive ex‐ante control is delayed beyond the date of accession for reasons not attributable to the authorities of Bulgaria or Romania, the Commission may accept, in duly justified cases, eligibility for pre‐accession assistance of contracts signed between the date of accession and the date of the Commission decision, and the continued implementation of pre‐accession assistance for a limited period, subject to ex‐ante control by the Commission over tendering and contracting.
2. Financial commitments made before accession under the pre‐accession financial instruments referred to in paragraph 1 as well as those made under the Transition Facility referred to in Article 31 after accession, including the conclusion and registration of subsequent individual legal commitments and payments made after accession shall continue to be governed by the rules and regulations of the pre‐accession financing instruments and be charged to the corresponding budget chapters until closure of the programmes and projects concerned. Notwithstanding this, public procurement procedures initiated after accession shall be carried out in accordance with the relevant Union provisions.
3. The last programming exercise for the pre‐accession assistance referred to in paragraph 1 shall take place in the last year preceding accession. Actions under these programmes will have to be contracted within the following two years. No extensions shall be granted for the contracting period. Exceptionally and in duly justified cases, limited extensions in terms of duration may be granted for execution of contracts.
Notwithstanding this, pre-accession funds to cover administrative costs, as defined in paragraph 4, may be committed in the first two years after accession. For audit and evaluation costs, pre‐accession funds may be committed up to five years after accession.
4. In order to ensure the necessary phasing out of the pre-accession financial instruments referred to in paragraph 1 and of the ISPA programme (11), the Commission may take all appropriate measures to ensure that the necessary statutory staff is maintained in Bulgaria and Romania for a maximum of nineteen months following accession. During this period, officials, temporary staff and contract staff assigned to posts in Bulgaria and Romania before accession and who are required to remain in service in those States after the date of accession shall benefit, as an exception, from the same financial and material conditions as were applied by the Commission before accession in accordance with the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (12). The administrative expenditure, including salaries for other staff necessary shall be covered by the heading ‘Phasing-out of pre-accession assistance for new Member States’ or equivalent under the appropriate policy area of the general budget of the European Union dealing with enlargement.
Article 28
1. Measures which on the date of accession have been the subject of decisions on assistance under Regulation (EC) No 1267/1999 establishing an Instrument for Structural Policies for Pre‐accession and the implementation of which has not been completed by that date shall be considered to have been approved by the Commission under Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund (13). Amounts which still have to be committed for the purpose of implementing such measures shall be committed under the Regulation relating to the Cohesion Fund in force at the date of accession and allocated to the chapter corresponding to that Regulation under the general budget of the European Union. Unless stated otherwise in paragraphs 2 to 5, the provisions governing the implementation of measures approved pursuant to the latter Regulation shall apply to those measures.
2. Any procurement procedure relating to a measure referred to in paragraph 1 which on the date of accession has already been the subject of an invitation to tender published in the Official Journal of the European Union shall be implemented in accordance with the rules laid down in that invitation to tender. However, the provisions contained in Article 165 of the Financial Regulation applicable to the general budget of the European Communities shall not apply. Any procurement procedure relating to a measure referred to in paragraph 1 which has not yet been the subject of an invitation to tender published in the Official Journal of the European Union shall be in keeping with the provisions of the Constitution, with the acts adopted pursuant thereto and with Union policies, including those concerning environmental protection, transport, trans-European networks, competition and the award of public contracts.
3. Payments made by the Commission under a measure referred to in paragraph 1 shall be posted to the earliest open commitment made in the first instance pursuant to Regulation (EC) No 1267/1999, and then pursuant to the Regulation relating to the Cohesion Fund then in force.
4. For the measures referred to in paragraph 1, the rules governing the eligibility of expenditure pursuant to Regulation (EC) No 1267/1999 shall remain applicable, except in duly justified cases to be decided on by the Commission at the request of the Member State concerned.
5. The Commission may decide, in exceptional and duly justified cases, to authorise specific exemptions from the rules applicable pursuant to the Regulation relating to the Cohesion Fund in force at the date of accession for the measures referred to in paragraph 1.
Article 29
Where the period for multiannual commitments made under the SAPARD programme (14) in relation to afforestation of agricultural land, support for the establishment of producer groups or agri‐environment schemes extends beyond the final permissible date for payments under SAPARD, the outstanding commitments will be covered within the 2007-2013 rural development programme. Should specific transitional measures be necessary in this regard, these shall be adopted in accordance with the procedure laid down in Article 50(2) of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (15).
Article 30
1. Bulgaria, having closed — in line with its commitments — definitively for subsequent decommissioning Unit 1 and Unit 2 of the Kozloduy Nuclear Power Plant before the year 2003, commits to the definitive closure of Unit 3 and Unit 4 of this plant in 2006 and to subsequent decommissioning of these units.
2. During the period 2007-2009, the Community shall provide Bulgaria with financial assistance in support of its efforts to decommission and to address the consequences of the closure and decommissioning of Units 1 to 4 of the Kozloduy Nuclear Power Plant.
The assistance shall, inter alia, cover: measures in support of the decommissioning of Units 1 to 4 of the Kozloduy Nuclear Power Plant; measures for environmental upgrading in line with the acquis; measures for the modernisation of the conventional energy production, transmission and distribution sectors in Bulgaria; measures to improve energy efficiency, to enhance the use of renewable energy sources and to improve security of energy supply.
For the period 2007-2009, the assistance shall amount to EUR 210 million (2004 prices) in commitment appropriations, to be committed in equal annual tranches of EUR 70 million (2004 prices).
The assistance, or parts thereof, may be made available as a Community contribution to the Kozloduy International Decommissioning Support Fund, managed by the European Bank for Reconstruction and Development.
3. The Commission may adopt rules for implementation of the assistance referred to in paragraph 2. The rules shall 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 (16). To this end, the Commission shall be assisted by a committee. Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be six weeks. The committee shall adopt its rules of procedure.
Article 31
1. For the first year of accession, the Union shall provide temporary financial assistance, hereinafter referred to as the ‘Transition Facility’, to Bulgaria and Romania to develop and strengthen their administrative and judicial capacity to implement and enforce Union law and to foster exchange of best practice among peers. This assistance shall fund institution‐building projects and limited small-scale investments ancillary thereto.
2. Assistance shall address the continued need for strengthening institutional capacity in certain areas through action which cannot be financed by the Structural Funds or by the Rural Development Funds.
3. For twinning projects between public administrations for the purpose of institution building, the procedure for call for proposals through the network of contact points in the Member States shall continue to apply, as established in the Framework Agreements with the Member States for the purpose of pre‐accession assistance.
The commitment appropriations for the Transition Facility, at 2004 prices, for Bulgaria and Romania, shall be EUR 82 million in the first year after accession to address national and horizontal priorities. The appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
4. Assistance under the Transition Facility shall be decided and implemented in accordance with Council Regulation (EEC) No 3906/89 on economic aid to certain countries of Central and Eastern Europe.
Article 32
1. A Cash-flow and Schengen Facility is hereby created as a temporary instrument to help Bulgaria and Romania between the date of accession and the end of 2009 to finance actions at the new external borders of the Union for the implementation of the Schengen acquis and external border control and to help improve cash-flow in national budgets.
2. For the period 2007-2009, the following amounts (2004 prices) shall be made available to Bulgaria and Romania in the form of lump-sum payments under the temporary Cash-flow and Schengen Facility:
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(EUR million, 2004 prices) |
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2007 |
2008 |
2009 |
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Bulgaria |
121,8 |
59,1 |
58,6 |
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Romania |
297,2 |
131,8 |
130,8 |
3. At least 50 % of each country allocation under the temporary Cash-flow and Schengen Facility shall be used to support Bulgaria and Romania in their obligation to finance actions at the new external borders of the Union for the implementation of the Schengen acquis and external border control.
4. One twelfth of each annual amount shall be payable to Bulgaria and Romania on the first working day of each month in the corresponding year. The lump-sum payments shall be used within three years from the first payment. Bulgaria and Romania shall submit, no later than six months after expiry of this three-year period, a comprehensive report on the final execution of the lump‐sum payments under the Schengen part of the temporary Cash-flow and Schengen Facility with a statement justifying the expenditure. Any unused or unjustifiably spent funds shall be recovered by the Commission.
5. The Commission may adopt any technical provisions necessary for the operation of the temporary Cash-flow and Schengen Facility.
Article 33
1. Without prejudice to future policy decisions, the overall commitment appropriations for structural actions to be made available for Bulgaria and Romania over the three-year period 2007‐2009 shall be as follows:
|
(EUR million, 2004 prices) |
|||
|
|
2007 |
2008 |
2009 |
|
Bulgaria |
539 |
759 |
1 002 |
|
Romania |
1 399 |
1 972 |
2 603 |
2. During the three years 2007-2009, the scope and nature of the interventions within these fixed country envelopes shall be determined on the basis of the provisions then applicable to structural actions expenditure.
Article 34
1. In addition to the regulations concerning rural development in force on the date of accession, the provisions laid down in Sections I to III of Annex VIII shall apply to Bulgaria and Romania for the period 2007-2009 and the specific financial provisions laid down in Section IV of Annex VIII shall apply to Bulgaria and Romania throughout the programming period 2007-2013.
2. Without prejudice to future policy decisions, commitment appropriations from the EAGGF Guarantee Section for rural development for Bulgaria and Romania over the three-year period 2007-2009 shall amount to EUR 3 041 million (2004 prices).
3. Implementing rules, where necessary, for the application of the provisions of Annex VIII shall be adopted in accordance with the procedure laid down in Article 50(2) of Regulation (EC) No 1260/1999.
4. The Council, acting on a proposal from the Commission, and after consulting the European Parliament, shall make any adaptations to the provisions of Annex VIII where necessary to ensure coherence with the regulations concerning rural development.
Article 35
The amounts referred to in Articles 30, 31, 32, 33 and 34 shall be adjusted by the Commission each year in line with movements in prices as part of the annual technical adjustments to the financial perspective.
TITLE IV
OTHER PROVISIONS
Article 36
1. If, until the end of a period of up to three years after accession, difficulties arise which are serious and liable to persist in any sector of the economy or which could bring about serious deterioration in the economic situation of a given area, Bulgaria or Romania may apply for authorisation to take protective measures in order to rectify the situation and adjust the sector concerned to the economy of the internal market.
In the same circumstances, any present Member State may apply for authorisation to take protective measures with regard to Bulgaria, Romania, or both those States.
2. Upon request by the State concerned, the Commission shall, by emergency procedure, adopt the European regulations or decisions establishing the protective measures which it considers necessary, specifying the conditions and modalities under which they are to be put into effect.
In the event of serious economic difficulties and at the express request of the Member State concerned, the Commission shall act within five working days of the receipt of the request accompanied by the relevant background information. The measures thus decided on shall be applicable forthwith, shall take account of the interest of all parties concerned and shall not entail frontier controls.
3. The measures authorised under paragraph 2 may involve derogations from the rules of the Constitution and in particular from this Protocol to such an extent and for such periods as are strictly necessary in order to attain the objectives referred to in paragraph 1. Priority shall be given to such measures as will least disturb the functioning of the internal market.
Article 37
If Bulgaria or Romania has failed to implement commitments undertaken in the context of the accession negotiations, causing a serious breach of the functioning of the internal market, including any commitments in all sectoral policies which concern economic activities with cross-border effect, or an imminent risk of such breach the Commission may, until the end of a period of up to three years after accession, upon the motivated request of a Member State or on its own initiative, adopt European regulations or decisions establishing appropriate measures.
Measures shall be proportional and priority shall be given to measures which least disturb the functioning of the internal market and, where appropriate, to the application of the existing sectoral safeguard mechanisms. Such safeguard measures shall not be invoked as a means of arbitrary discrimination or a disguised restriction on trade between Member States. The safeguard clause may be invoked even before accession on the basis of the monitoring findings and the measures adopted shall enter into force as of the first day of accession unless they provide for a later date. The measures shall be maintained no longer than strictly necessary and, in any case, shall be lifted when the relevant commitment is implemented. They may however be applied beyond the period specified in the first paragraph as long as the relevant commitments have not been fulfilled. In response to progress made by the new Member State concerned in fulfilling its commitments, the Commission may adapt the measures as appropriate. The Commission shall inform the Council in good time before revoking the European regulations and decisions establishing the safeguard measures, and it shall take duly into account any observations of the Council in this respect.
Article 38
If there are serious shortcomings or any imminent risks of such shortcomings in Bulgaria or Romania in the transposition, state of implementation, or the application of the framework decisions or any other relevant commitments, instruments of cooperation and decisions relating to mutual recognition in the area of criminal law under Title VI of the Treaty on European Union and Directives and Regulations relating to mutual recognition in civil matters under Title IV of the Treaty establishing the European Community, and European laws and framework laws adopted on the basis of Sections 3 and 4 of Chapter IV of Title III of Part III of the Constitution, the Commission may, until the end of a period of up to three years after accession, upon the motivated request of a Member State or on its own initiative and after consulting the Member States, adopt European regulations or decisions establishing appropriate measures and specify the conditions and modalities under which these measures are put into effect.
These measures may take the form of temporary suspension of the application of relevant provisions and decisions in the relations between Bulgaria or Romania and any other Member State or Member States, without prejudice to the continuation of close judicial cooperation. The safeguard clause may be invoked even before accession on the basis of the monitoring findings and the measures adopted shall enter into force as of the first day of accession unless they provide for a later date. The measures shall be maintained no longer than strictly necessary and, in any case, shall be lifted when the shortcomings are remedied. They may however be applied beyond the period specified in the first paragraph as long as these shortcomings persist. In response to progress made by the new Member State concerned in rectifying the identified shortcomings, the Commission may adapt the measures as appropriate after consulting the Member States. The Commission shall inform the Council in good time before revoking the European regulations and decisions establishing the safeguard measures, and it shall take duly into account any observations of the Council in this respect.
Article 39
1. If, on the basis of the Commission's continuous monitoring of commitments undertaken by Bulgaria and Romania in the context of the accession negotiations and in particular the Commission's monitoring reports, there is clear evidence that the state of preparations for adoption and implementation of the acquis in Bulgaria or Romania is such that there is a serious risk of either of those States being manifestly unprepared to meet the requirements of membership by the date of accession of 1 January 2007 in a number of important areas, the Council may, acting unanimously on the basis of a Commission recommendation, decide that the date of accession of that State is postponed by one year to 1 January 2008.
2. Notwithstanding paragraph 1, the Council may, acting by qualified majority on the basis of a Commission recommendation, take the decision mentioned in paragraph 1 with respect to Romania if serious shortcomings have been observed in the fulfilment by Romania of one or more of the commitments and requirements listed in Annex IX, point I.
3. Notwithstanding paragraph 1, and without prejudice to Article 37, the Council may, acting by qualified majority on the basis of a Commission recommendation and after a detailed assessment to be made in the autumn of 2005 of the progress made by Romania in the area of competition policy, take the decision mentioned in paragraph 1 with respect to Romania if serious shortcomings have been observed in the fulfilment by Romania of the obligations undertaken under the Europe Agreement (17) or of one or more of the commitments and requirements listed in Annex IX, point II.
4. In the event of a decision taken under paragraph 1, 2 or 3, the Council shall, acting by qualified majority decide immediately upon such adjustments to this Protocol, including its Annexes and Appendices, as have become indispensable by reason of the postponement decision.
Article 40
In order not to hamper the proper functioning of the internal market, the enforcement of Bulgaria's and Romania's national rules during the transitional periods referred to in Annexes VI and VII shall not lead to border controls between Member States.
Article 41
If transitional measures are necessary to facilitate the transition from the existing regime in Bulgaria and Romania to that resulting from the application of the common agricultural policy under the conditions set out in this Protocol, such measures shall be adopted by the Commission in accordance with the procedure referred to in Article 25(2) of Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (18) or, as appropriate, in the corresponding Articles of the other Regulations on the common organisation of agricultural markets or of the European laws replacing them or the relevant procedure as determined in the applicable legislation. The transitional measures referred to in this Article may be adopted during a period of three years following the date of accession and their application shall be limited to that period. A European law of the Council may extend this period. The Council shall act unanimously after consulting the European Parliament.
The transitional measures relating to implementation of the instruments concerning the common agricultural policy not specified in this Protocol which are required as a result of accession shall be established prior to the date of accession by European regulations or decisions adopted by the Council on a proposal from the Commission or, where they affect instruments initially adopted by the Commission, by European regulations or decisions adopted by the Commission in accordance with the procedure required for adopting the instruments in question.
Article 42
If transitional measures are necessary to facilitate the transition from the existing regime in Bulgaria and Romania to that resulting from the application of the Union veterinary, phytosanitary and food safety rules, such measures shall be adopted by the Commission in accordance with the relevant procedure as determined in the applicable legislation. These measures shall be taken during a period of three years following the date of accession and their application shall be limited to that period.
PART FIVE
PROVISIONS RELATING TO THE IMPLEMENTATION OF THIS PROTOCOL
TITLE I
SETTING UP OF THE INSTITUTIONS AND BODIES
Article 43
The European Parliament shall make such adaptations to its Rules of Procedure as are rendered necessary by accession.
Article 44
The Council shall make such adaptations to its Rules of Procedure as are rendered necessary by accession.
Article 45
A national of each new Member State shall be appointed to the Commission as from the date of accession. The new Members of the Commission shall be appointed by the Council, by common accord with the President of the Commission, after consulting the European Parliament and in accordance with the criteria set out in Article I-26(4) of the Constitution.
The terms of office of the Members thus appointed shall expire at the same time as those of the Members in office at the time of accession.
Article 46
1. Two Judges shall be appointed to the Court of Justice and two Judges shall be appointed to the General Court.
2. The term of office of one of the Judges of the Court of Justice appointed in accordance with paragraph 1 shall expire on 6 October 2009. This Judge shall be chosen by lot. The term of office of the other Judge shall expire on 6 October 2012.
The term of office of one of the Judges of the General Court appointed in accordance with paragraph 1 shall expire on 31 August 2007. This Judge shall be chosen by lot. The term of office of the other Judge shall expire on 31 August 2010.
3. The Court of Justice shall make such adaptations to its Rules of Procedure as are rendered necessary by accession.
The General Court, in agreement with the Court of Justice, shall make such adaptations to its Rules of Procedure as are rendered necessary by accession.
The Rules of Procedure as adapted shall require the consent of the Council.
4. For the purpose of judging cases pending before the Courts on the date of accession in respect of which oral proceedings have started before that date, the full Courts or the Chambers shall be composed as before accession and shall apply the Rules of Procedure in force on the day preceding the date of accession.
Article 47
A national of each new Member State shall be appointed to the Court of Auditors as from the date of accession for a term of office of six years.
Article 48
The Committee of the Regions shall be enlarged by the appointment of 27 members representing regional and local bodies in Bulgaria and Romania, who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly. The terms of office of the members thus appointed shall expire at the same time as those of the members in office at the time of accession.
Article 49
The Economic and Social Committee shall be enlarged by the appointment of 27 members representing the various economic and social components of organised civil society in Bulgaria and Romania. The terms of office of the members thus appointed shall expire at the same time as those of the members in office at the time of accession.
Article 50
Adaptations to the rules of the Committees established by the Constitution and to their rules of procedure, necessitated by the accession, shall be made as soon as possible after accession.
Article 51
1. New members of the committees, groups or other bodies created by the Constitution or by an act of the institutions shall be appointed under the conditions and according to the procedures laid down for the appointment of members of these committees, groups or other bodies. The terms of office of the newly appointed members shall expire at the same time as those of the members in office at the time of accession.
2. The membership of committees or groups created by the Constitution or by an act of the institutions with a number of members fixed irrespective of the number of Member States shall be completely renewed upon accession, unless the terms of office of the present members expire within the year following accession.
TITLE II
APPLICABILITY OF THE ACTS OF THE INSTITUTIONS
Article 52
Upon accession, Bulgaria and Romania shall be considered as being addressees of European framework laws, regulations and decisions within the meaning of Article I-33 of the Constitution, and of directives and decisions within the meaning of Article 249 of the Treaty establishing the European Community and of Article 161 of the EAEC Treaty, provided that those European framework laws, regulations and decisions, and those directives and decisions have been addressed to all the present Member States. Except with regard to European decisions which enter into force pursuant to Article I-39(2) of the Constitution, and to directives and decisions which have entered into force pursuant to Article 254(1) and (2) of the Treaty establishing the European Community, Bulgaria and Romania shall be considered as having received notification of such European decisions and such directives and decisions upon accession.
Article 53
1. Bulgaria and Romania shall put into effect the measures necessary for them to comply, from the date of accession, with the provisions of European framework laws and those European regulations which are binding as to the result to be achieved but leave the national authorities the choice of form and methods within the meaning of Article I-33 of the Constitution, and of directives and decisions within the meaning of Article 249 of the Treaty establishing the European Community and of Article 161 of the EAEC Treaty, unless another time limit is provided for in this Protocol. They shall communicate those measures to the Commission at the latest by the date of accession or, where appropriate, by the time limit provided for in this Protocol.
2. To the extent that amendments to directives within the meaning of Article 249 of the Treaty establishing the European Community and of Article 161 of the EAEC Treaty introduced by this Protocol require a modification of the laws, regulations or administrative provisions of the present Member States, the present Member States shall put into effect the measures necessary to comply, from the date of accession, with the amended directives, unless another time limit is provided for in this Protocol. They shall communicate those measures to the Commission by the date of accession or, where later, by the time limit provided for in this Protocol.
Article 54
Provisions laid down by law, regulation or administrative action designed to ensure the protection of the health of workers and the general public in the territory of Bulgaria and Romania against the dangers arising from ionising radiations shall, in accordance with Article 33 of the EAEC Treaty, be communicated by those States to the Commission within three months of accession.
Article 55
At the duly substantiated request of Bulgaria or Romania submitted to the Commission no later than the date of accession, the Council acting on a proposal from the Commission, or the Commission, if the original act was adopted by the Commission, may adopt European regulations or decisions establishing temporary derogations from acts of the institutions adopted between 1 October 2004 and the date of accession. The measures shall be adopted according to the voting rules governing the adoption of the act from which a temporary derogation is sought. Where these derogations are adopted after accession they may be applied as from the date of accession.
Article 56
Where acts of the institutions adopted prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in this Protocol or its Annexes, the Council, acting on a proposal from the Commission, or the Commission, if the original act was adopted by the Commission, shall to this end adopt the necessary acts. Where these adaptations are adopted after accession they may be applied as from the date of accession.
Article 57
Unless otherwise stipulated, the Council, on a proposal from the Commission, shall adopt the European regulations or decisions establishing the necessary measures to implement the provisions of this Protocol.
Article 58
The texts of the acts of the institutions adopted before accession and drawn up by the Council, the Commission or the European Central Bank in the Bulgarian and Romanian languages shall, from the date of accession, be authentic under the same conditions as the texts drawn up in the present official languages. They shall be published in the Official Journal of the European Union if the texts in the present languages were so published.
TITLE III
FINAL PROVISIONS
Article 59
Annexes I to IX and the Appendices thereto shall form an integral part of this Protocol.
Article 60
The Government of the Italian Republic shall remit to the Governments of the Republic of Bulgaria and Romania a certified copy of the Treaty establishing the European Atomic Energy Community, and the Treaties amending or supplementing it, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages.
The text of that Treaty, drawn up in the Bulgarian and Romanian languages, shall be annexed to this Protocol. Those texts shall be authentic under the same conditions as the texts of the Treaty referred to in the first paragraph, drawn up in the present languages.
Article 61
A certified copy of the international agreements deposited in the archives of the General Secretariat of the Council of the European Union shall be remitted to the Governments of the Republic of Bulgaria and Romania by the Secretary General.
(1) OJ L 317, 15.12.2000, p. 3.
(3) The figures quoted for Bulgaria and Romania are indicative and based on the 2003 data published by Eurostat.’
(4) OJ L 278, 8.10.1976, p. 5. Act as last amended by Council Decision 2002/772/EC, Euratom (OJ L 283, 21.10.2002, p. 1).
(5) The figures quoted are indicative and based on the 2003 data published by Eurostat.
(6) OJ L 79, 22.3.2002, p. 42.
(7) Council Regulation (EEC) No 3906/89 of 18.12.1989 on economic aid to certain countries of Central and Eastern Europe (OJ L 375, 23.12.1989, p. 11). Regulation as last amended by Regulation (EC) No 769/2004 (OJ L 123, 27.4.2004, p. 1).
(8) Commission Regulation (EC) No 2760/98 of 18.12.1998 concerning the implementation of a programme for cross-border cooperation in the framework of the PHARE programme (OJ L 345, 19.12.1998, p. 49). Regulation as last amended by Regulation (EC) No 1822/2003 (OJ L 267, 17.10.2003, p. 9).
(9) OJ L 161, 26.6.1999, p. 68.
(10) Council Regulation (EC, Euratom) No 1605/2002 of 25.6.2002 (OJ L 248, 16.9.2002, p. 1).
(11) Council Regulation (EC) No 1267/1999 of 21.6.1999 establishing an Instrument for Structural Policies for Pre-Accession (OJ L 161, 26.6.1999, p. 73). Regulation as last amended by Regulation (EC) No 769/2004 (OJ L 123, 27.4.2004, p. 1).
(12) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).
(13) OJ L 130, 25.5.1994, p. 1. Regulation as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 33).
(14) Council Regulation (EC) No 1268/1999 of 21.6.1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of Central and Eastern Europe in the pre-accession period (OJ L 161, 26.6.1999, p. 87). Regulation as last amended by Regulation (EC) No 2008/2004 (OJ L 349, 25.11.2004, p. 12).
(15) OJ L 161, 26.6.1999, p. 1. Regulation as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 33).
(16) OJ L 184, 17.7.1999, p. 23.
(17) Europe Agreement establishing an association between the European Economic Communities and their Member States, of the one part, and Romania, of the other part (OJ L 357, 31.12.1994, p. 2)
(18) OJ L 270, 21.10.2003, p. 78.
ANNEX I
List of conventions and protocols to which Bulgaria and Romania accede upon accession (referred to in Article 3(3) of the Protocol)
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1. |
Convention of 19 June 1980 on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980 (OJ L 266, 9.10.1980, p. 1)
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2. |
Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ L 225, 20.8.1990, p. 10)
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3. |
Convention of 26 July 1995, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 49)
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4. |
Convention of 26 July 1995, based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) (OJ C 316, 27.11.1995, p. 2)
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5. |
Convention of 26 July 1995, drawn up on the basis of Article K.3 of the Treaty on European Union, on the use of information technology for customs purposes (OJ C 316, 27.11.1995, p. 34)
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6. |
Convention of 26 May 1997, drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union, on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union (OJ C 195, 25.6.1997, p. 2) |
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7. |
Convention of 18 December 1997, drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations (OJ C 24, 23.1.1998, p. 2) |
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8. |
Convention of 17 June 1998, drawn up on the basis of Article K.3 of the Treaty on European Union, on driving disqualifications (OJ C 216, 10.7.1998, p. 2) |
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9. |
Convention of 29 May 2000, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 197, 12.7.2000, p. 3)
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ANNEX II
List of provisions of the Schengen acquis as integrated into the framework of the European Union and the acts building upon it or otherwise related to it, to be binding on and applicable in the new Member States as from accession (referred to in Article 4(1) of the Protocol)
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1. |
The Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders dated 14 June 1985 (1). |
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2. |
The following provisions of the Convention signed in Schengen on 19 June 1990 (1) implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders, its related Final Act and Joint Declarations (2), as amended by certain of the acts listed in paragraph 8 below: Article 1 to the extent that it relates to the provisions of this paragraph; Articles 3 to 7, excluding Article 5(1)(d); Article 13; Articles 26 and 27; Article 39; Articles 44 to 59; Articles 61 to 63; Articles 65 to 69; Articles 71 to 73; Articles 75 and 76; Article 82; Article 91; Articles 126 to 130 to the extent that they relate to the provisions of this paragraph; and Article 136; Joint Declarations 1 and 3 of the Final Act. |
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3. |
The following provisions of the Agreements on Accession to the Convention signed in Schengen on 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders, their Final Acts and the related Declarations, as amended by certain of the acts listed in paragraph 8 below:
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4. |
The following agreements concluded by the Council pursuant to Article 6 of the Schengen Protocol:
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5. |
The provisions of the following Decisions of the Executive Committee established by the Convention signed in Schengen on 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders, as amended by certain of the acts listed in paragraph 8 below: SCH/Com-ex (93) 10 Decision of the Executive Committee of 14 December 1993 concerning the declarations by the Ministers and State Secretaries SCH/Com-ex (93) 14 Decision of the Executive Committee of 14 December 1993 on improving practical judicial cooperation for combating drug trafficking SCH/Com-ex (94) 16 rev Decision of the Executive Committee of 21 November 1994 on the acquisition of common entry and exit stamps SCH/Com-ex (94) 28 rev Decision of the Executive Committee of 22 December 1994 on the certificate provided for in Article 75 to carry narcotic drugs and psychotropic substances SCH/Com-ex (94) 29 rev 2 Decision of the Executive Committee of 22 December 1994 on bringing into force the Convention implementing the Schengen Agreement of 19 June 1990 SCH/Com-ex (95) 21 Decision of the Executive Committee of 20 December 1995 on the swift exchange between the Schengen States of statistical and specific data on possible malfunctions at the external borders SCH/Com-ex (98) 1 rev 2 Decision of the Executive Committee of 21 April 1998 on the activities of the Task Force, insofar as it relates to the provisions in paragraph 2 above SCH/Com-ex (98) 26 def Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen SCH/Com-ex (98) 35 rev 2 Decision of the Executive Committee of 16 September 1998 on forwarding the Common Manual to EU applicant States SCH/Com-ex (98) 37 def 2 Decision of the Executive Committee of 27 October 1998 on the adoption of measures to fight illegal immigration, insofar as it relates to the provisions in paragraph 2 above SCH/Com-ex (98) 51 rev 3 Decision of the Executive Committee of 16 December 1998 on cross border police cooperation in the area of crime prevention and detection SCH/Com-ex (98) 52 Decision of the Executive Committee of 16 December 1998 on the Handbook on cross-border police-cooperation, insofar as it relates to the provisions in paragraph 2 above SCH/Com-ex (98) 57 Decision of the Executive Committee of 16 December 1998 on the introduction of a harmonised form providing proof of invitation, sponsorship and accommodation SCH/Com-ex (98) 59 rev Decision of the Executive Committee of 16 December 1998 on coordinated deployment of document advisers SCH/Com-ex (99) 1 rev 2 Decision of the Executive Committee of 28 April 1999 on the drugs situation SCH/Com-ex (99) 6 Decision of the Executive Committee of 28 April 1999 on the Schengen acquis relating to telecommunications SCH/Com-ex (99) 7 rev 2 Decision of the Executive Committee of 28 April 1999 on liaison officers SCH/Com-ex (99) 8 rev 2 Decision of the Executive Committee of 28 April 1999 on general principles governing the payment of informers SCH/Com-ex (99) 10 Decision of the Executive Committee of 28 April 1999 on the illegal trade in firearms SCH/Com-ex (99) 13 Decision of the Executive Committee of 28 April 1999 on the definitive versions of the Common Manual and the Common Consular Instructions:
SCH/Com-ex (99) 18 Decision of the Executive Committee of 28 April 1999 on the improvement of police cooperation in preventing and detecting criminal offences. |
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6. |
The following Declarations of the Executive Committee established by the Convention signed in Schengen on 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders, to the extent that they relate to the provisions in paragraph 2 above: SCH/Com-ex (96) decl 6 rev 2 Declaration of the Executive Committee of 26 June 1996 on extradition SCH/Com-ex (97) decl 13 rev 2 Declaration of the Executive Committee of 9 February 1998 on the abduction of minors. |
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7. |
The following Decisions of the Central Group established by the Convention signed in Schengen on 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at their common borders, to the extent that they relate to the provisions in paragraph 2 above: SCH/C (98) 117 Decision of the Central Group of 27 October 1998 on the adoption of measures to fight illegal immigration SCH/C (99) 25 Decision of the Central Group of 22 March 1999 on general principles governing the payment of informers. |
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8. |
The following acts which build upon the Schengen acquis or otherwise relate to it: Council Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164, 14.7.1995, p. 1) Council Decision 1999/307/EC of 1 May 1999 laying down the detailed arrangements for the integration of the Schengen Secretariat into the General Secretariat of the Council (OJ L 119, 7.5.1999, p. 49) Council Decision 1999/435/EC of 20 May 1999 concerning the definition of the Schengen acquis for the purpose of determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the Schengen acquis (OJ L 176, 10.7.1999, p. 1) Council Decision 1999/436/EC of 20 May 1999 determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the Schengen acquis (OJ L 176, 10.7.1999, p. 17) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two states with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31) Council Decision 1999/848/EC of 13 December 1999 on the full application of the Schengen acquis in Greece (OJ L 327, 21.12.1999, p. 58) Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43) Council Decision 2000/586/JHA of 28 September 2000 establishing a procedure for amending Articles 40(4) and (5), 41(7) and 65(2) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders (OJ L 248, 3.10.2000, p. 1) Council Decision 2000/751/EC of 30 November 2000 on declassifying certain parts of the Common Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985 (OJ L 303, 2.12.2000, p. 29) Council Decision 2000/777/EC of 1 December 2000 on the application of the Schengen acquis in Denmark, Finland and Sweden, and in Iceland and Norway (OJ L 309, 9.10.2000, p. 24) Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1) Council Regulation No 789/2001/EC of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for examining visa applications (OJ L 116, 26.4.2001, p. 2) Council Regulation No 790/2001/EC of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical procedures for carrying out border checks and surveillance (OJ L 116, 26.4.2001, p. 5) Council Decision 2001/329/EC of 24 April 2001 updating part VI and Annexes 3, 6 and 13 of the Common Consular Instructions and Annexes 5(a), 6(a) and 8 to the Common Manual (OJ L 116, 26.4.2001, p. 32), insofar as it relates to Annex 3 to the Common Consular Instructions and Annex 5(a) to the Common Manual Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 (OJ L 187, 10.7.2001, p. 45) Council Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (OJ L 328, 13.12.2001, p. 1) Council Regulation (EC) No 2414/2001 of 7 December 2001 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement (OJ L 327, 12.12.2001, p. 1) Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (OJ L 328, 13.12.2001, p. 4) Council Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing the visa issued by Member States to persons holding travel documents not recognised by the Member State drawing up the form (OJ L 53, 23.2.2002, p. 4) Council Regulation (EC) No 334/2002 of 18 February 2002 amending Regulation (EC) No 1683/95 laying down a uniform format for visas (OJ L 53, 23.2.2002, p. 7) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20) Council Decision 2002/352/EC of 25 April 2002 on the revision of the Common Manual (OJ L 123, 9.5.2002, p. 47) Council Decision 2002/353/EC of 25 April 2002 on declassifying Part II of the Common Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985 (OJ L 123, 9.5.2002, p. 49) Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157, 15.6.2002, p. 1) Council Decision 2002/587/EC of 12 July 2002 on the revision of the Common Manual (OJ L 187, 16.7.2002, p. 50) Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 1) Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence (OJ L 328, 5.12.2002, p. 17) Council Decision 2003/170/JHA of 27 February 2003 on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States (OJ L 67, 12.3.2003, p. 27) Council Regulation (EC) No 453/2003 of 6 March 2003 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 69, 13.3.2003, p. 10) Council Decision 2003/725/JHA of 2 October 2003 amending the provisions of Article 40(1) and (7) of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders (OJ L 260, 11.10.2003, p. 37) Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ L 321, 6.12.2003, p. 26) Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1) Council Decision 2004/466/EC of 29 April 2004 amending the Common Manual in order to include provision for targeted border controls on accompanied minors (OJ L 157, 30.4.2004, p. 136) Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (OJ L 261, 6.8.2004, p. 24) Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders (OJ L 261, 6.8.2004, p. 28) Council Decision 2004/574/EC of 29 April 2004 amending the Common Manual (OJ L 261, 6.8.2004, p. 36) Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, p. 5) Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (OJ L 349, 25.11.2004, p. 1) Council Regulation (EC) No 2133/2004 of 13 December 2004 on the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third country nationals when they cross the external borders of the Member States and amending the provisions of the Convention implementing the Schengen agreement and the common manual to this end (OJ L 369, 16.12.2004, p. 5) Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p. 1). |
(1) OJ L 239, 22.9.2000, p. 13.
(2) OJ L 239, 22.9.2000, p. 19. Convention as last amended by Council Regulation (EC) No 871/2004 (OJ L 162, 30.4.2004, p. 29).
(3) OJ L 176, 10.7.1999, p. 36.
(4) OJ L 176, 10.7.1999, p. 35.
(7) As long as this Agreement is not yet concluded, insofar as it applies provisionally.
ANNEX III
List referred to in Article 16 of the Protocol: adaptations to acts adopted by the institutions
1. COMPANY LAW
INDUSTRIAL PROPERTY RIGHTS
I. COMMUNITY TRADE MARK
31994 R 0040: Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1), as amended by:
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— |
31994 R 3288: Council Regulation (EC) No 3288/94 of 22.12.1994 (OJ L 349, 31.12.1994, p. 83), |
|
— |
32003 R 0807: Council Regulation (EC) No 807/2003 of 14.4.2003 (OJ L 122, 16.5.2003, p. 36), |
|
— |
12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — 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 (OJ L 236, 23.9.2003, p. 33), |
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— |
32003 R 1653: Council Regulation (EC) No 1653/2003 of 18.6.2003 (OJ L 245, 29.9.2003, p. 36), |
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— |
32003 R 1992: Council Regulation (EC) No 1992/2003 of 27.10.2003 (OJ L 296, 14.11.2003, p. 1), |
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— |
32004 R 0422: Council Regulation (EC) No 422/2004 of 19.2.2004 (OJ L 70, 9.3.2004, p. 1). |
Article 159a(1) is replaced by the following:
|
‘1. |
As from the date of accession of Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia (hereinafter referred to as “new Member State(s)”), a Community trade mark registered or applied for pursuant to this Regulation before the respective date of accession shall be extended to the territory of those Member States in order to have equal effect throughout the Community.’. |
II. SUPPLEMENTARY PROTECTION CERTIFICATES
|
1. |
31992 R 1768: Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products (OJ L 182, 2.7.1992, p. 1), as amended by:
|
|
(a) |
The following is added to Article 19a:
|
|
(b) |
Article 20(2) is replaced by the following:
|
|
2. |
31996 R 1610: Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products (OJ L 198, 8.8.1996, p. 30), as amended by:
|
|
(a) |
The following is added to Article 19a:
|
|
(b) |
Article 20(2) is replaced by the following:
|
III. COMMUNITY DESIGNS
32002 R 0006: Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ L 3, 5.1.2002, p. 1), as amended by:
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— |
12003 T: Act concerning the conditions of accession and the adjustments to the Treaties - 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 (OJ L 236, 23.9.2003, p. 33). |
Article 110a(1) is replaced by the following:
|
‘1. |
As from the date of accession of Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia (hereinafter referred to as “new Member State(s)”), a Community design protected or applied for pursuant to this Regulation before the respective date of accession shall be extended to the territory of those Member States in order to have equal effect throughout the Community.’. |
2. AGRICULTURE
|
1. |
31989 R 1576: Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (OJ L 160, 12.6.1989, p. 1), as amended by:
|
|
(a) |
The following is added to Article 1(4), point (i):
|
|
(b) |
In Annex II, the following geographical designations are added:
|
|
2. |
31991 R 1601: Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ L 149, 14.6.1991, p. 1), as amended by:
In Article 2(3), the following subparagraph is inserted after subparagraph (h):
and, subparagraph (i) is re-lettered (j). |
|
3. |
31992 R 2075: Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco (OJ L 215, 30.7.1992, p. 70), as amended by:
|
|
(a) |
In the Annex, point V. ‘Sun-cured’, the following is added:
|
|
(b) |
In the Annex, point VI. ‘Basmas’, the following is added:
|
|
(c) |
In the Annex, point VIII. ‘Kaba Koulak (classic)’, the following is added:
|
|
4. |
31996 R 2201: Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (OJ L 297, 21.11.1996, p. 29), as amended by:
Annex III is replaced by the following: ‘ANNEX III Processing thresholds referred to in Article 5 Net weight fresh product
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5. |
31998 R 2848: Commission Regulation (EC) No 2848/98 of 22 December 1998 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the premium scheme, production quotas and the specific aid to be granted to producer groups in the raw tobacco sector (OJ L 358, 31.12.1998, p. 17), as amended by:
Annex I is replaced by the following: ‘ANNEX I Percentages of the guarantee threshold per Member State or specific region for the recognition of producer groups
|
|
6. |
31999 R 1493: Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ L 179, 14.7.1999, p. 1), as amended by:
|
|
(a) |
The following is added to Article 6:
|
|
(b) |
In Annex III (Wine-growing zones), the following is added to point 2:
|
|
(c) |
In Annex III (Wine-growing zones), the last sentence in point 3 is replaced by the following:
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(d) |
In Annex III (Wine-growing zones), the following is added to point 5:
|
|
(e) |
In Annex III (Wine-growing zones), the following is added to point 6: ‘In Bulgaria, wine-growing zone C III a) comprises the areas under vines not included in point 5(e)’. |
|
(f) |
In Annex V, Part D.3, the following is added: ‘and in Romania’. |
|
7. |
32000 R 1673: Council Regulation (EC) No 1673/2000 of 27 July 2000 on the common organisation of the markets in flax and hemp grown for fibre (OJ L 193, 29.7.2000, p. 16), as amended by:
|
|
(a) |
Article 3(1) is replaced by the following:
|
|
(b) |
In Article 3(2), the introductory paragraph and subparagraph (a) are replaced by the following:
However, the national guaranteed quantity fixed for Hungary concerns hemp fibre only.’ |
|
8. |
32003 R 1782: Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ L 270, 21.10.2003, p. 1), as amended by:
|
|
(a) |
Article 2(g) is replaced by the following:
|
|
(b) |
In Article 5(2), the following is added at the end of the first subparagraph: ‘However, Bulgaria and Romania shall ensure that land which was under permanent pasture on 1 January 2007 is maintained under permanent pasture.’ |
|
(c) |
In Article 54(2), the following is added at the end of the first subparagraph: ‘However, for Bulgaria and Romania, the date provided for the area aid applications shall be 30 June 2005.’ |
|
(d) |
The following is added to Article 71g:
|
|
(e) |
The following is added to Article 71h: ‘However, for Bulgaria and Romania the reference to 30 June 2003 shall be to 30 June 2005.’ |
|
(f) |
Article 74(1) is replaced by the following:
|
|
(g) |
Article 78(1) is replaced by the following:
|
|
(h) |
Article 80(2) is replaced by the following:
|
|
(i) |
Article 81 is replaced by the following: ‘Article 81 Areas A national base area for each producing Member State is hereby established. However, for France two base areas are established. The base areas shall be as follows:
A Member State may subdivide its base area or areas into sub-base areas in accordance with objective criteria.’ |
|
(j) |
Article 84 is replaced by the following: ‘Article 84 Areas 1. A Member State shall grant the Community aid within the limit of a ceiling calculated by multiplying the number of hectares of its NGA as fixed in paragraph 3 by the average amount of EUR 120,75. 2. A maximum guaranteed area of 829 229 ha is hereby established. 3. The maximum guaranteed area referred to in paragraph 2 shall be divided into the following NGA:
4. A Member State may subdivide its NGA into sub-areas in accordance with objective criteria, in particular at regional level or in relation to the production.’ |
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(k) |
In Article 95(4) the following subparagraphs are added: ‘For Bulgaria and Romania the total quantities referred to in the first subparagraph are set out in table (f) of Annex I of Council Regulation (EC) No 1788/2003 and reviewed in accordance with Article 6(1) sixth subparagraph of Council Regulation (EC) No 1788/2003. For Bulgaria and Romania the 12-month period referred to in the first subparagraph shall be that of 2006/2007.’ |
|
(l) |
In Article 103, the following is added to the second paragraph: ‘However, for Bulgaria and Romania the condition for the application of this paragraph will be that the single area payment scheme is applied in 2007 and that the application of Article 66 has been opted for.’ |
|
(m) |
Article 105(1) is replaced by the following:
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|
(n) |
In Article 108, the following is added to the second paragraph: ‘However, for Bulgaria and Romania, applications for payment may not be made in respect of land which, on 30 June 2005, was under permanent pasture, permanent crops or trees or was used for non-agricultural purposes.’ |
|
(o) |
Article 110c(1) is replaced by the following:
|
|
(p) |
Article 110c(2) is replaced by the following:
|
|
(q) |
Article 116(4) is replaced by the following:
|
|
(r) |
Article 123(8) is replaced by the following:
|
|
(s) |
Article 126(5) is replaced by the following:
|
|
(t) |
In Article 130(3), the second subparagraph is replaced by the following: ‘For the new Member States the national ceilings shall be those contained in the following table.
|
|
(u) |
The following paragraph is added to Article 143a: ‘However, for Bulgaria and Romania direct payments shall be introduced in accordance with the following schedule of increments expressed as a percentage of the then applicable level of such payments in the Community as constituted on 30 April 2004:
|
|
(v) |
The following subparagraph is added to Article 143b(4): ‘However, for Bulgaria and Romania, the agricultural area under the single area payment scheme shall be the part of its utilised agricultural area which is maintained in good agricultural condition, whether in production or not, where appropriate adjusted in accordance with the objective criteria to be set by Bulgaria or Romania after approval by the Commission.’ |
|
(w) |
Article 143b(9) is replaced by the following:
|
|
(x) |
The following subparagraph is added to Article 143b(11): ‘For Bulgaria and Romania, until the end of the 5 year period of application of the single area payment scheme (i.e. 2011), the percentage rate set out in the second paragraph of Article 143a shall apply. If the application of the single area payment scheme is extended beyond that date pursuant to a decision taken under point (b), the percentage rate set out in the second paragraph of Article 143a for the year 2011 shall apply until the end of the last year of application of the single area payment scheme.’ |
|
(y) |
Article 143c(2), is replaced by the following:
For the purpose of calculating the total amount referred to in the first indent above, the national direct payments and/or its components corresponding to the Community direct payments and/or its components which were taken into account for calculating the effective ceiling of the new Member State concerned in accordance with Articles 64(2), 70(2) and 71c shall be included. For each direct payment concerned a new Member State may choose to apply either option (a) or (b) above. The total direct support the farmer may be granted in the new Member States after accession under the relevant direct payment including all complementary national direct payments shall not exceed the level of direct support the farmer would be entitled to receive under the corresponding direct payment then applicable to the Member States in the Community as constituted on 30 April 2004.’ |
|
(z) |
Article 154a(2) is replaced by the following:
|
|
(aa) |
In Annex III, the following footnotes are added: to the title of point A: ‘* For Bulgaria and Romania the reference to 2005 should be read as a reference to the first year of application of the Single Payment Scheme.’ to the title of point B: ‘* For Bulgaria and Romania the reference to 2006 should be read as a reference to the second year of application of the Single Payment Scheme.’ and, to the title of point C: ‘* For Bulgaria and Romania the reference to 2007 should be read as a reference to the third year of application of the Single Payment Scheme.’ |
|
(ab) |
Annex VIIIA is replaced by the following: ‘ANNEX VIIIA National ceilings referred to in Article 71c The ceilings have been calculated taking account of the schedule of increments provided for in Article 143a, and therefore do not require to be reduced.
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(ac) |
The following is added to Annex X:
|
|
(ad) |
Annex XIB is replaced by the following: ‘ANNEX XIB National arable crops base areas and reference yields in the new Member States referred to in Articles 101 and 103
|
|
9. |
32003 R 1788: Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector (OJ L 270, 21.10.2003, p. 123), as amended by:
|
|
(a) |
The following subparagraph is added to Article 1(4): ‘For Bulgaria and Romania a special restructuring reserve shall be established as set out in table (g) of Annex I. This reserve shall be released as from 1 April 2009 to the extent that the on-farm consumption of milk and milk products in each of these countries has decreased since 2002. The decision on releasing the reserve and its distribution to the deliveries and direct sales quota shall be taken by the Commission in accordance with the procedure referred to in Article 23(2) on the basis of an assessment of a report to be submitted by Bulgaria and Romania to the Commission by 31 December 2008. This report shall detail the results and trends of the actual restructuring process in the country's dairy sector and, in particular the shift from production for on-farm consumption to production for the market.’ |
|
(b) |
Article 1(5) is replaced by the following:
|
|
(c) |
The following paragraph is added to Article 1:
|
|
(d) |
In Article 6(1) the second and third subparagraphs are replaced by the following: ‘For Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia the basis for the individual reference quantities referred to is set out in table (f) of Annex I. In the case of Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia the twelve month period for the establishment of the individual reference quantities shall commence on: 1 April 2001 for Hungary, 1 April 2002 for Malta and Lithuania, 1 April 2003 for the Czech Republic, Cyprus, Estonia, Latvia and Slovakia, 1 April 2004 for Poland and Slovenia and 1 April 2006 for Bulgaria and Romania.’. |
|
(e) |
The following subparagraph is added to Article 6(1): ‘For Bulgaria and Romania the distribution of the total quantity between deliveries and direct sales as set out in table (f) of Annex I shall be reviewed on the basis of its actual 2006 figures on deliveries and direct sales and, if necessary, adjusted by the Commission in accordance with the procedure referred to in Article 23(2).’. |
|
(f) |
In Article 9(2), the second subparagraph is replaced by the following: ‘For Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Poland, Romania, Slovenia and Slovakia, the reference fat content referred to in paragraph 1 shall be the same as the reference fat content of the quantities allocated to producers on the following dates: 31 March 2002 for Hungary, 31 March 2003 for Lithuania, 31 March 2004 for the Czech Republic, Cyprus, Estonia, Latvia and Slovakia, 31 March 2005 for Poland and Slovenia and 31 March 2007 for Bulgaria and Romania.’. |
|
(g) |
The following subparagraph is added to Article 9(5): ‘For Romania the reference fat content set in Annex II shall be reviewed on the basis of the figures for the full year 2004 and, if necessary, adjusted by the Commission in accordance with the procedure referred to in Article 23(2).’ |
|
(h) |
In Annex I, tables (d), (e), (f) and (g) are replaced by the following:
|
|
(i) |
In Annex II, the table is replaced by the following: ‘REFERENCE FAT CONTENT
|
3. TRANSPORT POLICY
31996 L 0026: Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations (OJ L 124, 23.5.1996, p. 1), as amended by:
|
— |
31998 L 0076: Council Directive 98/76/EC of 1.10.1998 (OJ L 277, 14.10.1998, p. 17), |
|
— |
12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — 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 (OJ L 236, 23.9.2003, p. 33), |
|
— |
32004 L 0066: Council Directive 2004/66/EC of 26.4.2004 (OJ L 168, 1.5.2004, p. 35). |
|
(a) |
The following paragraphs are added to Article 10:
|
|
(b) |
In Article 10b, the second paragraph is replaced by the following: ‘The professional competence certificates referred to in paragraphs 4 to 12 of Article 10 may be reissued by the Member States concerned in the form of the certificate set out in Annex Ia.’. |
4. TAXATION
|
1. |
31977 L 0388: Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ L 145, 13.6.1977, p. 1), as amended by:
In Article 24a, the following is inserted before the indent
and the following is inserted after the indent
|
|
2. |
31992 L 0083: Council Directive 92/83/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages (OJ L 316, 31.10.1992, p. 21), as amended by:
|
|
(a) |
Article 22(6) is replaced by the following:
|
|
(b) |
Article 22(7) is replaced by the following:
|
(1) Without prejudice to the specific rules laid down in Regulation (EC) No 1454/2001.
(2) Without prejudice to the specific rules laid down in Regulation (EC) No 1452/2001.
(3) Without prejudice to the specific rules laid down in Regulation (EC) No 1453/2001.
(4) This ceiling shall be temporarily increased by 100 000 to 1 519 811 until such time as live animals under six months of age may be exported.’
(5) Without prejudice to the specific rules laid down in Regulation (EC) No 1454/2001.
(6) Without prejudice to the specific rules laid down in Regulation (EC) No 1452/2001.
(7) Without prejudice to the specific rules laid down in Regulation (EC) No 1453/2001.
ANNEX IV
List referred to in Article 17 of the Protocol: supplementary adaptations to acts adopted by the institutions
1. AGRICULTURE
A. AGRICULTURAL LEGISLATION
|
1. |
Treaty establishing a Constitution for Europe, Part III, Title III, Chapter III, Section 4, Agriculture and fisheries
The Council, acting by a qualified majority on a proposal from the Commission, and after consulting the European Parliament, shall amend the Regulation governing the common organisation of the markets in the sugar sector to take account of the accession of Bulgaria and Romania, thereby adapting the sugar and isoglucose quotas, and the maximum supply needs for imports of raw sugar, as set out in the following table which may be adapted in the same way as the quotas for the present Member States, to ensure compliance with the principles and objectives of the common organisation of the markets in the sugar sector then in force. Agreed quantities
If requested by Bulgaria in 2006, the abovementioned A and B basic quantities for sugar shall be switched to Bulgaria's respective A and B basic quantities for isoglucose. |
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2. |
31998 R 2848: Commission Regulation (EC) No 2848/98 of 22 December 1998 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards the premium scheme, production quotas and the specific aid to be granted to producer groups in the raw tobacco sector (OJ L 358, 31.12.1998, p. 17), as amended by:
Where appropriate and using the procedure referred to in Article 23 of Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco (3), the Commission shall by accession adopt the necessary amendments to the Community list of recognised production areas set out in Annex II to Regulation (EC) No 2848/98 to take account of the accession of Bulgaria and Romania, in particular with a view to inserting the designated Bulgarian and Romanian tobacco production areas in that list. |
|
3. |
32003 R 1782: Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ L 270, 21.10.2003, p. 1), as amended by:
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B. VETERINARY AND PHYTOSANITARY LEGISLATION
31999 L 0105: Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (OJ L 11, 15.1.2000, p. 17).
Where appropriate and using the procedure referred to in Article 26(3) of Directive 1999/105/EC, the Commission shall adapt Annex I to that Directive with regard to the forest species Pinus peuce Griseb., Fagus orientalis Lipsky, Quercus frainetto Ten. and Tilia tomentosa Moench.
(1) In tonnes of white sugar.
(2) In tonnes of dry matter.
ANNEX V
List referred to in Article 18 of the Protocol: other permanent provisions
1. COMPANY LAW
Treaty establishing a Constitution for Europe, Part III, Title III, Chapter I, Section 3, Free movement of goods
SPECIFIC MECHANISM
With regard to Bulgaria or Romania, the holder, or his beneficiary, of a patent or supplementary protection certificate for a pharmaceutical product filed in a Member State at a time when such protection could not be obtained in one of the abovementioned new Member States for that product, may rely on the rights granted by that patent or supplementary protection certificate in order to prevent the import and marketing of that product in the Member State or States where the product in question enjoys patent protection or supplementary protection, even if the product was put on the market in that new Member State for the first time by him or with his consent.
Any person intending to import or market a pharmaceutical product covered by the above paragraph in a Member State where the product enjoys patent or supplementary protection shall demonstrate to the competent authorities in the application regarding that import that one month's prior notification has been given to the holder or beneficiary of such protection.
2. COMPETITION POLICY
Treaty establishing a Constitution for Europe, Part III, Title III, Chapter I, Section 5, Rules on competition
|
1. |
The following aid schemes and individual aid put into effect in a new Member State before the date of accession and still applicable after that date shall be regarded upon accession as existing aid within the meaning of Article III-168(1) of the Constitution:
All measures still applicable after the date of accession which constitute State aid and which do not fulfil the conditions set out above shall be considered as new aid upon accession for the purpose of the application of Article III-168(3) of the Constitution. The above provisions do not apply to aid to the transport sector, nor to activities linked to the production, processing or marketing of products listed in Annex I to the Constitution with the exception of fisheries products and products derived thereof. The above provisions shall also be without prejudice to the transitional measures regarding Competition Policy set out in the Protocol and the measures laid down in Annex VII, Chapter 4, Section B, to the Protocol. |
|
2. |
To the extent that a new Member State wishes the Commission to examine an aid measure under the procedure described in paragraph 1(c), it shall provide the Commission regularly with:
in accordance with the concrete reporting format provided by the Commission. If the Commission does not object to the existing aid measure on the ground of serious doubts as to the compatibility of the measure with the common market, within 3 months of receipt of complete information on that measure or of receipt of the statement of the new Member State in which it informs the Commission that it considers the information provided to be complete because the additional information requested is not available or has been already provided, the Commission shall be deemed not to have raised an objection. All aid measures submitted under the procedure described in paragraph 1(c) prior to the date of accession to the Commission are subject to the above procedure irrespective of the fact that in the period of examination the new Member State concerned has already become member of the Union. |
|
3. |
A Commission decision to object to a measure, within the meaning of paragraph 1(c), shall be regarded as a decision to initiate the formal investigation procedure within the meaning of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (1). If such a decision is taken before the date of accession, the decision will only come into effect upon the date of accession. |
|
4. |
Without prejudice to the procedures concerning existing aid provided for in Article III-168 of the Constitution, aid schemes and individual aid granted in the transport sector, put into effect in a new Member State before the date of accession and still applicable after that date, shall be regarded as existing aid within the meaning of Article III-168(1) of the Constitution subject to the following condition:
These aid measures shall be regarded as ‘existing’ aid within the meaning of Article III‐168(1) of the Constitution until the end of third year from the date of accession. The new Member States shall, where necessary, amend these aid measures in order to comply with the guidelines applied by the Commission by the end of the third year from the date of accession at the latest. After that date, any aid found to be incompatible with those guidelines shall be considered as new aid. |
|
5. |
With regard to Romania, paragraph 1(c) shall only apply to aid measures assessed by the Romanian State aid monitoring authority after such date, decided upon by the Commission on the basis of continuous monitoring of the commitments undertaken by Romania in the context of the accession negotiations, that Romania's State aid enforcement record in the period prior to accession has reached a satisfactory level. Such a satisfactory level shall only be considered to have been reached once Romania has demonstrated the consistent application of full and proper State aid control in relation to all aid measures granted in Romania, including the adoption and the implementation of fully and correctly reasoned decisions by the Romanian State aid monitoring authority containing an accurate assessment of the State aid nature of each measure and a correct application of the compatibility criteria. The Commission may object, on the ground of serious doubts as to the compatibility with the common market, to any aid measure granted in the pre-accession period between 1 September 2004 and the date fixed in the above Commission decision finding that the enforcement record has reached a satisfactory level. Such a Commission decision to object to a measure shall be regarded as a decision to initiate the formal investigation procedure within the meaning of Regulation (EC) No 659/1999. If such a decision is taken before the date of accession, the decision will only come into effect upon the date of accession. Where the Commission adopts a negative decision following the initiation of the formal investigation procedure, the Commission shall decide that Romania shall take all necessary measures to effectively recover the aid from the beneficiary. The aid to be recovered shall include interest at an appropriate rate determined in accordance with Regulation (EC) No 794/2004 (2), and payable from the same date. |
3. AGRICULTURE
|
(a) |
Treaty establishing a Constitution for Europe, Part III, Title III, Chapter III, Section 4, Agriculture and fisheries
|
|
(b) |
Treaty establishing a Constitution for Europe, Part III, Title III, Chapter I, Section 5, Rules on competition Without prejudice to the procedures concerning existing aid provided for in Article III-168 of the Constitution, aid schemes and individual aid granted to activities linked to the production, processing or marketing of products listed in Annex I to the Constitution, with the exception of fisheries products and products derived therefrom, put into effect in a new Member State before the date of accession and still applicable after that date, shall be regarded as existing aid within the meaning of Article III-168(1) of the Constitution, subject to the following condition:
These aid measures shall be regarded as ‘existing’ aid within the meaning of Article III-168(1) of the Constitution until the end of third year from the date of accession. The new Member States shall, where necessary, amend these aid measures in order to comply with the guidelines applied by the Commission by the end of the third year from the date of accession at the latest. After that date, any aid found to be incompatible with those guidelines shall be considered as new aid. |
4. CUSTOMS UNION
Treaty establishing a Constitution for Europe, Part III, Title III, Chapter I, Section 3, Free movement of goods, Subsection 1, Customs Union
|
|
31992 R 2913: Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1), as last amended by:
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|
|
31993 R 2454: 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 (OJ L 253, 11.10.1993, p. 1), as last amended by:
|
Regulation (EEC) No 2913/92 and Regulation (EEC) No 2454/93 shall apply to the new Member States subject to the following specific provisions:
PROOF OF COMMUNITY STATUS (TRADE WITHIN THE ENLARGED COMMUNITY)
|
1. |
Notwithstanding Article 20 of Regulation (EEC) No 2913/92, goods which on the date of accession are in temporary storage or under one of the customs treatments and procedures referred to in Article 4(15)(b) and (16)(b) to (g) of that Regulation in the enlarged Community, or which are in transport after having been the subject of export formalities within the enlarged Community, shall be free of customs duties and other customs measures when declared for release for free circulation within the enlarged Community on condition that one of the following is presented:
|
|
2. |
For the purpose of issuing the proofs referred to in paragraph 1(b) above, with reference to the situation at the date of accession and in addition to the provisions of Article 4(7) of Regulation (EEC) No 2913/92, ‘Community goods’ shall mean goods:
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|
3. |
For the purpose of verifying the proofs referred to in paragraph 1(a) above, the provisions concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation under the respective Europe Agreements or the equivalent preferential agreements concluded between the new Member States themselves shall apply. Requests for subsequent verification of those proofs shall be accepted by the competent customs authorities of the present Member States and of the new Member States 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 in support of a declaration of free circulation. |
PROOF OF PREFERENTIAL ORIGIN (TRADE WITH THIRD COUNTRIES, INCLUDING TURKEY, IN THE FRAMEWORK OF THE PREFERENTIAL AGREEMENTS ON AGRICULTURE, COAL AND STEEL PRODUCTS)
|
4. |
Without prejudice to the application of any measure deriving from the common commercial policy, proof of origin properly issued by third countries or made out in the framework of preferential agreements concluded by the new Member States with those countries or issued or made out in the framework of unilateral national legislation of the new Member States shall be accepted in the respective new Member States, provided that:
Where goods were declared for release for free circulation in a new Member State prior to the date of accession, proof of origin issued or made out retrospectively under preferential agreements or arrangements in force in that new Member State at the date of the release for free circulation may also be accepted in the new Member State concerned, provided that it is submitted to the customs authorities within the period of four months from the date of accession. |
|
5. |
Bulgaria and Romania are authorised to retain the authorisations with which the status of ‘approved exporters’ has been granted in the framework of agreements concluded with third countries, provided that:
These authorisations shall be replaced by the new Member States, no later than one year after the date of accession, by new authorisations issued under the conditions of Community legislation. |
|
6. |
For the purpose of verifying the proofs referred to in paragraph 4, the provisions concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation of the relevant agreements or arrangements shall apply. Requests for subsequent verification of those proofs shall be accepted by the competent customs authorities of the present Member States and of the new Member States 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 in support of a declaration of free circulation. |
|
7. |
Without prejudice to the application of any measure deriving from the common commercial policy, proof of origin issued retrospectively by third countries in the framework of preferential agreements concluded by the Community with those countries shall be accepted in the new Member States for the release for free circulation of goods which on the date of accession are either en route or in temporary storage, in a customs warehouse or in a free zone in one of these third countries or in that new Member State, provided that the new Member State where the release for free circulation takes place had no free trade agreement in force with the third country, for the products concerned, at the moment when the transport documents where issued, and provided that:
|
|
8. |
For the purpose of verifying the proofs referred to in paragraph 7, the provisions concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation of the relevant agreements or arrangements shall apply. |
PROOF OF STATUS UNDER THE PROVISIONS ON FREE CIRCULATION FOR INDUSTRIAL PRODUCTS WITHIN THE EC‐TURKEY CUSTOMS UNION
|
9. |
Proofs of origin properly issued by either Turkey or a new Member State in the framework of preferential trade agreements applied between them and allowing with the Community a cumulation of origin based on identical rules of origin and a prohibition of any drawback or suspension from customs duties on the goods concerned, shall be accepted in the respective countries as a proof of status under the provisions on free circulation for industrial products, laid down in Decision No 1/95 of the EC-Turkey Association Council (8), provided that:
Where goods were declared for release for free circulation in either Turkey or a new Member State, prior to the date of accession, in the framework of preferential trade agreements mentioned above, proof of origin issued retrospectively under those agreements may also be accepted provided that it is submitted to the customs authorities within the period of four months from the date of accession. |
|
10. |
For the purpose of verifying the proofs referred to in paragraph 9, the provisions concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation of the relevant preferential agreements shall apply. Requests for subsequent verification of those proofs shall be accepted by the competent customs authorities of the present Member States and of the new Member States 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 in support of a declaration of free circulation. |
|
11. |
Without prejudice to the application of any measure deriving from the common commercial policy, an A.TR movement certificate issued under the provisions on free circulation for industrial products, laid down in Decision No 1/95 of the EC-Turkey Association Council, shall be accepted in the new Member States for the release for free circulation of goods which on the date of accession are either in transport after having been the subject of export formalities within the Community or Turkey or are in temporary storage or under a customs procedure referred to in Article 4(16)(b) to (h) of Regulation (EEC) No 2913/92 in Turkey or in that new Member State, provided that:
|
|
12. |
For the purpose of verifying the A.TR movement certificates referred to in paragraph 11 above, the provisions concerning the issue of A.TR movement certificates and methods of administrative cooperation under Decision No 1/2001 of the EC-Turkey Customs Cooperation Committee (9) shall apply. |
CUSTOMS PROCEDURES
|
13. |
Temporary storage and customs procedures referred to in Article 4(16) (b) to (h) of Regulation (EEC) No 2913/92 which have begun before accession shall be ended or discharged under the conditions of Community legislation. Where the end or discharge gives rise to a customs debt, the amount of import duty to be paid shall be that in force at the time when the customs debt is incurred in accordance with the Common Customs Tariff and the amount paid shall be considered as own resources of the Community. |
|
14. |
The procedures governing customs warehousing laid down in Articles 84 to 90 and 98 to 113 of Regulation (EEC) No 2913/92 and Articles 496 to 535 of Regulation (EEC) No 2454/93 shall apply to the new Member States subject to the following specific provisions:
|
|
15. |
The procedures governing inward processing laid down in Articles 84 to 90 and 114 to 129 of Regulation (EEC) No 2913/92 and Articles 496 to 523 and 536 to 550 of Regulation (EEC) No 2454/93 shall apply to the new Member States subject to the following specific provisions:
|
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16. |
The procedures governing temporary importation laid down in Articles 84 to 90 and 137 to 144 of Regulation (EEC) No 2913/92 and Articles 496 to 523 and 553 to 584 of Regulation (EEC) No 2454/93 shall apply to the new Member States subject to the following specific provisions:
|
|
17. |
The procedures governing outward processing laid down in Articles 84 to 90 and 145 to 160 of Regulation (EEC) No 2913/92 and Articles 496 to 523 and 585 to 592 of Regulation (EEC) No 2454/93 shall apply to the new Member States subject to the following specific provisions:
|
OTHER PROVISIONS
|
18. |
Authorisations which have been granted before the date of accession for the use of the customs procedures referred to in Article 4(16)(d), (e) and (g) of Regulation (EEC) No 2913/92 shall be valid until the end of their validity or one year after the date of accession, whichever is the earlier. |
|
19. |
The procedures governing incurrence of a customs debt, entry in the accounts and post-clearance recovery laid down in Articles 201 to 232 of Regulation (EEC) No 2913/92 and Articles 859 to 876a of Regulation (EEC) No 2454/93 shall apply to the new Member States subject to the following specific provisions:
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|
20. |
The procedures governing repayment and remission of duty laid down in Articles 235 to 242 of Regulation (EEC) No 2913/92 and Articles 877 to 912 of Regulation (EEC) No 2454/93 shall apply to the new Member States subject to the following specific provisions:
|
(1) OJ L 83, 27.3.1999, p. 1. Regulation as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 33).
(2) Commission Regulation (EC) No 794/2004 of 21.4.2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ L 140, 30.4.2004, p. 1).
(3) OJ L 216, 5.8.1978, p. 1. Regulation as last amended by Regulation (EC) No 1259/96 (OJ L 163, 2.7.1996, p. 10).
(4) OJ L 160, 26.6.1999, p. 103.
(5) OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).
(6) OJ L 358, 31.12.1994, p. 3. Protocol as last amended by Decision No 1/2003 of the EU/Bulgaria Association Council of 4.6.2003 (OJ L 191, 30.7.2003, p. 1).
(7) OJ L 357, 31.12.1994, p. 2. Protocol as last amended by Decision No 2/2003 of the EU/Romania Association Council of 25.9.2003 (not yet published in the Official Journal).
(8) Decision No 1/95 of the EC-Turkey Association Council of 22.12.1995 on implementing the final phase of the Customs Union (OJ L 35, 13.2.1996, p. 1). Decision as last amended by Decision No 2/99 of the EC-Turkey Association Council (OJ L 72, 18.3.1999, p. 36).
(9) Decision No 1/2001 of the EC-Turkey Customs Cooperation Committee of 28.3.2001 amending Decision No 1/96 laying down detailed rules for the application of Decision No 1/95 of the EC-Turkey Association Council (OJ L 98, 7.4.2001, p. 31). Decision as last amended by Decision No 1/2003 of the EC‐Turkey Customs Cooperation Committee (OJ L 28, 4.2.2003, p. 51).
Appendix to Annex V
List of existing aid measures referred to in point 1(b) of the existing aid mechanism provided for in Chapter 2 of Annex V
Note: The aid measures listed in this Appendix are only to be considered as existing aid for the purpose of the existing aid mechanism set out in Chapter 2 of Annex V to the extent that they fall within the scope of its first paragraph.
|
No |
Title (original) |
Date of approval by national State aid monitoring authority |
Duration |
||
|
MS |
Nr |
Yr |
|||
|
BG |
1 |
2004 |
Предоговаряне на задълженията към държавата, възникнали по реда на Закона за уреждане на необслужваните кредити, договорени до 31.12.1990 г. със ‘Силома’ АД, гр.Силистра, чрез удължаване на срока на изплащане на главницата за срок от 15 години |
29.7.2004 |
2004-2018 |
|
BG |
2 |
2004 |
Средства за компенсиране от държавния бюджет на доказания от ‘Български пощи’ ЕАД дефицит от изпълнението на универсалната пощенска услуга |
18.11.2004 |
31.12.2010 |
|
BG |
3 |
2004 |
Целево финансиране на дейността на Българската телеграфна агенция- направление ‘Информационно обслужване’ |
16.12.2003 |
31.12.2010 |
ANNEX VI
List referred to in Article 20 of the Protocol: transitional measures, Bulgaria
1. FREEDOM OF MOVEMENT FOR PERSONS
Treaty establishing a Constitution for Europe
OJ L 257, 19.10.1968, p. 2|
— |
32004 L 0038: Directive 2004/38/EC of the European Parliament and of the Council of 29.4.2004 (OJ L 158, 30.4.2004, p. 77); |
31996 L 0071: Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1);
32004 L 0038: Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
|
1. |
Article III-133 and the first paragraph of Article III-144 of the Constitution shall fully apply only, in relation to the freedom of movement of workers and the freedom to provide services involving temporary movement of workers as defined in Article 1 of Directive 96/71/EC between Bulgaria on the one hand, and each of the present Member States on the other hand, subject to the transitional provisions laid down in paragraphs 2 to 14. |
|
2. |
By way of derogation from Articles 1 to 6 of Regulation (EEC) No 1612/68 and until the end of the two year period following the date of accession, the present Member States will apply national measures, or those resulting from bilateral agreements, regulating access to their labour markets by Bulgarian nationals. The present Member States may continue to apply such measures until the end of the five year period following the date of accession. Bulgarian nationals legally working in a present Member State at the date of accession and admitted to the labour market of that Member State for an uninterrupted period of 12 months or longer will enjoy access to the labour market of that Member State but not to the labour market of other Member States applying national measures. Bulgarian nationals admitted to the labour market of a present Member State following accession for an uninterrupted period of 12 months or longer shall also enjoy the same rights. The Bulgarian nationals mentioned in the second and third subparagraphs above shall cease to enjoy the rights contained in those subparagraphs if they voluntarily leave the labour market of the present Member State in question. Bulgarian nationals legally working in a present Member State at the date of accession, or during a period when national measures are applied, and who were admitted to the labour market of that Member State for a period of less than 12 months shall not enjoy these rights. |
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3. |
Before the end of the two year period following the date of accession, the Council shall review the functioning of the transitional provisions laid down in paragraph 2, on the basis of a report from the Commission. On completion of this review, and no later than at the end of the two year period following the date of accession, the present Member States shall notify the Commission whether they will continue applying national measures or measures resulting from bilateral agreements, or whether they will apply Articles 1 to 6 of Regulation (EEC) No 1612/68 henceforth. In the absence of such notification, Articles 1 to 6 of Regulation (EEC) No 1612/68 shall apply. |
|
4. |
Upon the request of Bulgaria, one further review may be held. The procedure referred to in paragraph 3 shall apply and shall be completed within six months of receipt of the request from Bulgaria. |
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5. |
A Member State maintaining national measures or measures resulting from bilateral agreements at the end of the five year period indicated in paragraph 2 may, in case of serious disturbances of its labour market or threat thereof and after notifying the Commission, continue to apply these measures until the end of the seven year period following the date of accession. In the absence of such notification, Articles 1 to 6 of Regulation (EEC) No 1612/68 shall apply. |
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6. |
During the seven year period following the date of accession, those Member States in which, by virtue of paragraphs 3, 4 or 5, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply as regards Bulgarian nationals, and which are issuing work permits to nationals of Bulgaria for monitoring purposes during this period, will do so automatically. |
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7. |
Those Member States in which, by virtue of paragraphs 3, 4 or 5, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply as regards Bulgarian nationals, may resort to the procedures set out in the subparagraphs below until the end of the seven year period following the date of accession. When a Member State referred to in the first subparagraph undergoes or foresees disturbances on its labour market which could seriously threaten the standard of living or level of employment in a given region or occupation, that Member State shall inform the Commission and the other Member States thereof and shall supply them with all relevant particulars. On the basis of this information, the Member State may request the Commission to state that the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 be wholly or partially suspended in order to restore to normal the situation in that region or occupation. The Commission shall decide on the suspension and on the duration and scope thereof not later than two weeks after receiving such a request and shall notify the Council of such a decision. Any Member State may, within two weeks from the date of the Commission's Decision, request the Council to annul or amend the Decision. The Council shall act on such a request within two weeks, by qualified majority. A Member State referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of Articles 1 to 6 of Regulation (EEC) No 1612/68, followed by a reasoned ex-post notification to the Commission. |
|
8. |
As long as the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by virtue of paragraphs 2 to 5 and 7 above, Article 23 of Directive 2004/38/EC shall apply in Bulgaria with regard to nationals of the present Member States, and in the present Member States with regard to Bulgarian nationals, under the following conditions, so far as the right of family members of workers to take up employment is concerned:
These provisions shall be without prejudice to more favourable measures whether national or resulting from bilateral agreements. |
|
9. |
Insofar as provisions of Directive 2004/38/EC which take over provisions of Directive 68/360/EEC (1) may not be dissociated from those of Regulation (EEC) No 1612/68 whose application is deferred pursuant to paragraphs 2 to 5 and 7 and 8, Bulgaria and the present Member States may derogate from those provisions to the extent necessary for the application of paragraphs 2 to 5 and 7 and 8. |
|
10. |
Whenever national measures, or those resulting from bilateral agreements, are applied by the present Member States by virtue of the transitional provisions laid down above, Bulgaria may maintain in force equivalent measures with regard to the nationals of the Member State or States in question. |
|
11. |
If the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by any of the present Member States, Bulgaria may resort to the procedures laid down in paragraph 7 with respect to Romania. During any such period work permits issued by Bulgaria for monitoring purposes to nationals of Romania shall be issued automatically. |
|
12. |
Any present Member State applying national measures in accordance with paragraphs 2 to 5 and 7 to 9, may introduce, under national law, greater freedom of movement than that existing at the date of accession, including full labour market access. From the third year following the date of accession, any present Member State applying national measures may at any time decide to apply Articles 1 to 6 of Regulation (EEC) No 1612/68 instead. The Commission shall be informed of any such decision. |
|
13. |
In order to address serious disturbances or the threat thereof in specific sensitive service sectors on their labour markets, which could arise in certain regions from the transnational provision of services, as defined in Article 1 of Directive 96/71/EC, and as long as they apply, by virtue of the transitional provisions laid down above, national measures or those resulting from bilateral agreements to the free movement of Bulgarian workers, Germany and Austria may, after notifying the Commission, derogate from the first paragraph of Article III-144 of the Constitution with a view to limit, in the context of the provision of services by companies established in Bulgaria, the temporary movement of workers whose right to take up work in Germany and Austria is subject to national measures. The list of service sectors which may be covered by this derogation is as follows:
To the extent that Germany or Austria derogate from the first paragraph of Article III-144 of the Constitution in accordance with the preceding subparagraphs, Bulgaria may, after notifying the Commission, take equivalent measures. The effect of the application of this paragraph shall not result in conditions for the temporary movement of workers in the context of the transnational provision of services between Germany or Austria and Bulgaria which are more restrictive than those prevailing on the date of signature of the Treaty of Accession. |
|
14. |
The effect of the application of paragraphs 2 to 5 and 7 to 12 shall not result in conditions for access of Bulgarian nationals to the labour markets of the present Member States which are more restrictive than those prevailing on the date of signature of the Treaty of Accession. Notwithstanding the application of the provisions laid down in paragraphs 1 to 13, the present Member States shall, during any period when national measures or those resulting from bilateral agreements are applied, give preference to workers who are nationals of the Member States over workers who are nationals of third countries as regards access to their labour market. Bulgarian migrant workers and their families legally resident and working in another Member State or migrant workers from other Member States and their families legally resident and working in Bulgaria shall not be treated in a more restrictive way than those from third countries resident and working in that Member State or Bulgaria respectively. Furthermore, in application of the principle of Community preference, migrant workers from third countries resident and working in Bulgaria shall not be treated more favourably than nationals of Bulgaria. |
2. FREEDOM TO PROVIDE SERVICES
31997 L 0009: Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes (OJ L 84, 26.3.1997, p. 22).
By way of derogation from Article 4(1) of Directive 97/9/EC, the minimum level of compensation shall not apply in Bulgaria until 31 December 2009. Bulgaria shall ensure that its investor–compensation scheme provides for cover of not less than EUR 12 000 from 1 January 2007 until 31 December 2007 and of not less than EUR 15 000 from 1 January 2008 until 31 December 2009.
During the transitional period the other Member States will retain the right to prevent a branch of a Bulgarian investment firm established on their territories from operating unless and until such a branch has joined an officially recognised investor-compensation scheme within the territory of the Member State concerned in order to cover the difference between the Bulgarian level of compensation and the minimum level referred to in Article 4(1) of Directive 97/9/EC.
3. FREE MOVEMENT OF CAPITAL
Treaty establishing a Constitution for Europe
|
1. |
Notwithstanding the obligations under the Treaty establishing a Constitution for Europe, Bulgaria may maintain in force for five years from the date of accession the restrictions laid down in its legislation, existing at the time of signature of the Treaty of Accession, on the acquisition of ownership over land for secondary residences by nationals of the Member States or the States which are a party to the European Economic Area Agreement (EEAA) non-resident in Bulgaria and by legal persons formed in accordance with the laws of another Member State or of an EEAA State. Nationals of the Member States and nationals of the States which are a party to the European Economic Area Agreement who are legally resident in Bulgaria shall not be subject to the provisions of the preceding subparagraph or to any rules and procedures other than those to which nationals of Bulgaria are subject. |
|
2. |
Notwithstanding the obligations under the Treaty establishing a Constitution for Europe, Bulgaria may maintain in force for seven years from the date of accession the restrictions laid down in its legislation, existing at the time of signature of the Treaty of Accession, on the acquisition of agricultural land, forests and forestry land by nationals of another Member State, by nationals of the States which are a party to the European Economic Area Agreement and by legal persons formed in accordance with the laws of another Member State or an EEAA State. In no instance may a national of a Member State be treated less favourably in respect of the acquisition of agricultural land, forests and forestry land than at the date of signature of the Accession Treaty or be treated in a more restrictive way than a national of a third country. Self-employed farmers who are nationals of another Member State and who wish to establish themselves and legally reside in Bulgaria, shall not be subject to the provisions of the preceding subparagraph or to any procedures other than those to which nationals of Bulgaria are subject. A general review of these transitional measures shall be held in the third year following the date of accession. To this effect, the Commission shall submit a report to the Council. The Council may, acting unanimously on a proposal from the Commission, decide to shorten or terminate the transitional period indicated in the first subparagraph. |
4. AGRICULTURE
A. AGRICULTURAL LEGISLATION
31997 R 2597: Council Regulation (EC) No 2597/97 of 18 December 1997 laying down additional rules on the common organization of the market in milk and milk products for drinking milk (OJ L 351, 23.12.1997, p. 13), as last amended by:
|
— |
31999 R 1602: Council Regulation (EC) No 1602/1999 of 19.7.1999 (OJ L 189, 22.7.1999, p. 43). |
By way of derogation from Article 3(1)(b) and (c) of Regulation (EC) No 2597/97, the requirements relating to fat content shall not apply to drinking milk produced in Bulgaria until 30 April 2009, in that milk with a fat content of 3 % (m/m) may be marketed as whole milk, and milk with a fat content of 2 % (m/m) may be marketed as semi‐skimmed milk. Drinking milk which does not comply with the requirements relating to fat content may be marketed only in Bulgaria or exported to third countries.
B. VETERINARY AND PHYTOSANITARY LEGISLATION
32004 R 0853: Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).
|
(a) |
The milk processing establishments listed in Chapters I and II of the Appendix to this Annex may until 31 December 2009 receive deliveries of raw milk that does not comply with or has not been handled in accordance with the requirements in Regulation (EC) No 853/2004, Annex III, Section IX, Chapter I, subchapters II and III provided that those farms from which the milk is delivered are mentioned on a list maintained for that purpose by the Bulgarian authorities. |
|
(b) |
As long as the establishments referred to in paragraph (a) above benefit from the provisions of that paragraph, products originating from those establishments shall only be placed on the domestic market or used for further processing in establishments in Bulgaria also covered by the provisions of paragraph (a), irrespective of the date of marketing. These products must bear a different identification mark to that provided for in Article 5 of Regulation (EC) No 853/2004. |
|
(c) |
The establishments listed in Chapter II of the Appendix to this Annex may until 31 December 2009 process EU compliant and EU non-compliant milk on separate production lines. In this context EU non-compliant milk is understood as the milk referred to in paragraph (a). Such establishments must fully comply with the EU requirements for establishments, including the implementation of the Hazard Analysis and Critical Control Point (HACCP) principles (referred to in Article 5 of Regulation (EC) No 852/2004 (4) and must demonstrate their capacity to fully comply with the following conditions, including designating their relevant production lines:
The Bulgarian authorities shall:
The milk and/or milk-based products originating from separate production lines processing EU non-compliant raw milk in EU-approved milk processing establishments may only be placed on the market subject to the conditions laid down in paragraph (b). Products based on compliant raw milk processed on a separate production line in an establishment listed in Chapter II of the Appendix to this Annex can be marketed as compliant products as long as all conditions regarding separation of product lines are maintained. |
|
(d) |
Milk and milk products produced under the provisions referred to in paragraph (c) shall only be granted support under Title I, Chapters II and III, except Article 11 thereof, and Title II of Regulation (EC) No 1255/1999 (5) if they carry the oval identification mark referred to in Annex II, Section I, of Regulation (EC) No 853/2004. |
|
(e) |
Bulgaria shall ensure gradual compliance with the requirements referred to in paragraph (a) and shall submit annual reports to the Commission on progress made in upgrading dairy farms and the milk collection system. Bulgaria shall ensure that these requirements are fully complied with by 31 December 2009. |
|
(f) |
The Commission may, in accordance with the procedure referred to in Article 58 of Regulation (EC) No 178/2002 (6), update the Appendix to this Annex before accession and until 31 December 2009 and in this context add or delete individual establishments in the light of progress made in the correction of existing shortcomings and the outcome of the monitoring process. Detailed implementation rules to ensure the smooth operation of the above transitional regime may be adopted in accordance with the procedure referred to in Article 58 of Regulation (EC) No 178/2002. |
5. TRANSPORT POLICY
|
1. |
31993 R 3118: Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (OJ L 279, 12.11.1993, p. 1), as last amended by:
|
|
2. |
31996 L 0026: Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations (OJ L 124, 23.5.1996, p. 1), as last amended by:
Until 31 December 2010, Article 3(3)(c) of Directive 96/26/EC shall not apply in Bulgaria to transport undertakings engaged exclusively in domestic road haulage and passenger transport operations. The available capital and the reserves of those undertakings shall gradually reach the minimum rates laid down in that Article in accordance with the following schedule:
|
|
3. |
31996 L 0053: Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59), as last amended by:
By way of derogation from Article 3(1) of Directive 96/53/EC, vehicles complying with the limit values of categories 3.2.1, 3.4.1, 3.4.2, and 3.5.1 specified in Annex I to that Directive may only use non-upgraded parts of the Bulgarian road network until 31 December 2013 if they comply with Bulgarian axle-weight limits. As from the date of accession, no restrictions may be imposed on the use, by vehicles complying with the requirements of Directive 96/53/EC, of the main transit routes set out in Annex I to Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (7). Bulgaria shall adhere to the timetable set out in the tables below for the upgrading of its main road network. Any infrastructure investments involving the use of funds from the Community budget shall ensure that the arteries are constructed or upgraded to a load bearing capacity of 11,5 tonnes per axle. In line with the completion of the upgrading, there shall be a progressive opening of the Bulgarian road network, including the network as contained in Annex I to Decision No 1692/96/EC, for vehicles in international traffic complying with the limit values of the Directive. For the purpose of loading and unloading, where technically possible, the use of non-upgraded parts of the secondary road network shall be allowed during the entire transitional period. As from the date of accession, all vehicles in international traffic fitted with air-suspension complying with the limit values of Directive 96/53/EC shall not be subject to any temporary additional charges on the entire Bulgarian road transport network. Temporary additional charges for using non-upgraded parts of the network with vehicles in international traffic not fitted with air-suspension and complying with the limit values of the Directive shall be levied in a non-discriminatory manner. The charging regime shall be transparent, and payment of these charges shall not place an undue administrative burden or delay on the user, nor shall the payment of these charges lead to a systematic check of axle load limits at the border. Enforcement of axle load limits shall be assured in a non‐discriminatory manner throughout the territory and be effective also as regards vehicles registered in Bulgaria. Road upgrading programme (km) Table 1
Table 2
|
6. TAXATION
|
1. |
31977 L 0388: Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ L 145, 13.6.1977, p. 1), as last amended by:
For the purposes of applying Article 28(3)(b) of Directive 77/388/EEC, Bulgaria may maintain an exemption from value added tax on international transport of passengers, referred to in point 17 of Annex F to the Directive, until the condition set out in Article 28(4) of the Directive is fulfilled or for as long as the same exemption is applied by any of the present Member States, whichever is the earlier. |
|
2. |
31992 L 0079: Council Directive 92/79/EEC of 19 October 1992 on the approximation of taxes on cigarettes (OJ L 316, 31.10.1992, p. 8), as last amended by:
By way of derogation from Article 2(1) of Directive 92/79/EEC, Bulgaria may postpone the application of the overall minimum excise duty on the retail selling price (inclusive of all taxes) for cigarettes of the price category most in demand until 31 December 2009, provided that during this period Bulgaria gradually adjusts its excise duty rates towards the overall minimum excise duty provided for in the Directive. Without prejudice to Article 8 of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (8), and having informed the Commission, Member States may, as long as the above derogation applies, maintain the same quantitative limits for cigarettes which may be brought into their territories from Bulgaria without further excise duty payment as those applied to imports from third countries. Member States making use of this possibility may carry out the necessary checks provided that these checks do not affect the proper functioning of the internal market. |
|
3. |
32003 L 0049: Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (OJ L 157, 26.6.2003, p. 49), as last amended by:
Bulgaria shall be authorised not to apply the provisions of Article 1 of Directive 2003/49/EC until 31 December 2014. During that transitional period, the rate of tax on payments of interest or royalties made to an associated company of another Member State or to a permanent establishment situated in another Member State of an associated company of a Member State must not exceed 10 % until 31 December 2010 and must not exceed 5 % for the following years until 31 December 2014. |
|
4. |
32003 L 0096: Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51), as last amended by:
|
7. SOCIAL POLICY AND EMPLOYMENT
32001 L 0037: Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products (OJ L 194, 18.7.2001, p. 26).
By way of derogation from Article 3 of Directive 2001/37/EC, the date of application of the maximum tar yield of cigarettes manufactured and marketed within the territory of Bulgaria, shall be 1 January 2011. During the transitional period:
|
— |
cigarettes manufactured in Bulgaria with a tar yield greater than 10 mg per cigarette shall not be marketed in other Member States; |
|
— |
cigarettes manufactured in Bulgaria with a tar yield greater than 13 mg per cigarette shall not be exported to third countries; this limit shall be reduced to 12 mg from 1 January 2008 and to 11 mg from 1 January 2010; |
|
— |
Bulgaria shall provide the Commission with regularly updated information on the timetable and measures taken to ensure compliance with the Directive. |
8. ENERGY
31968 L 0414: Council Directive 68/414/EEC of 20 December 1968 imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products (OJ L 308, 23.12.1968, p. 14), as last amended by:
|
— |
31998 L 0093: Council Directive 98/93/EC of 14.12.1998 (OJ L 358, 31.12.1998, p. 100). |
By way of derogation from Article 1(1) of Directive 68/414/EEC, the minimum level of stocks of petroleum products shall not apply in Bulgaria until 31 December 2012. Bulgaria shall ensure that its minimum level of stocks of petroleum products corresponds, for each of the categories of petroleum products listed in Article 2, to at least the following number of days' average daily internal consumption as defined in Article 1(1):
|
— |
30 days by 1 January 2007; |
|
— |
40 days by 31 December 2007; |
|
— |
50 days by 31 December 2008; |
|
— |
60 days by 31 December 2009; |
|
— |
70 days by 31 December 2010; |
|
— |
80 days by 31 December 2011; |
|
— |
90 days by 31 December 2012. |
9. TELECOMMUNICATIONS AND INFORMATION TECHNOLOGIES
32002 L 0022: Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) (OJ L 108, 24.4.2002, p. 51).
By way of derogation from Article 30(1) of Directive 2002/22/EC, Bulgaria may postpone the introduction of number portability to no later than 1 January 2009.
10. ENVIRONMENT
A. AIR QUALITY
|
1. |
31994 L 0063: European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations (OJ L 365, 31.12.1994, p. 24), as amended by:
|
|
2. |
31999 L 0032: Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels amending Directive 93/12/EEC (OJ L 121, 11.5.1999, p. 13), as amended by:
|
B. WASTE MANAGEMENT
|
1. |
31993 R 0259: Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ L 30, 6.2.1993, p. 1), as last amended by:
|
|
2. |
31994 L 0062: European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10), as last amended by:
|
|
3. |
31999 L 0031: Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1), as amended by:
By way of derogation from Article 5(3)(a) and (b) and Annex I, point 2, second indent, to Directive 1999/31/EC and without prejudice to Article 6(c)(ii) of the Directive and Council Directive 75/442/EEC of 15 July 1975 on waste (13), the requirements for liquid, corrosive and oxidising waste, and as regards prevention of surface water entering into the landfilled waste shall not apply to the following 14 existing facilities until 31 December 2014:
Bulgaria shall ensure a gradual reduction of waste landfilled in these 14 existing non-compliant facilities in accordance with the following annual maximum quantities:
|
|
4. |
32002 L 0096: Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (OJ L 37, 13.2.2003, p. 24), as amended by:
By way of derogation from Articles 5(5) and 7(2) of Directive 2002/96/EC, Bulgaria shall attain the rate of separate collection of at least four kilograms on average per inhabitant per year of WEEE from private households, the rate of recovery and the rate of component, material and substance reuse and recycling by 31 December 2008. |
C. WATER QUALITY
31991 L 0271: Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135, 30.5.1991, p. 40), as last amended by:
|
— |
32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1). |
By way of derogation from Articles 3, 4 and 5(2) of Directive 91/271/EEC, the requirements for collecting systems and treatment of urban waste water shall not fully apply in Bulgaria until 31 December 2014, in accordance with the following intermediate target:
|
— |
by 31 December 2010, compliance with the Directive shall be achieved in agglomerations with a population equivalent of more than 10 000. |
D. INDUSTRIAL POLLUTION AND RISK MANAGEMENT
|
1. |
31996 L 0061: Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ L 257, 10.10.1996, p. 26), as last amended by:
By way of derogation from Article 5(1) of Directive 96/61/EC, the requirements for the granting of permits for existing installations shall not apply in Bulgaria to the following installations until the date indicated for each installation, insofar as the obligation to operate these installations in accordance with emission limit values, equivalent parameters or technical measures based on the best available techniques according to Article 9(3) and (4) is concerned:
Fully coordinated permits shall be issued for these installations before 30 October 2007, containing individually binding timetables for the achievement of full compliance. These permits shall ensure compliance with the general principles governing the basic obligations of operators as set out in Article 3 of the Directive by 30 October 2007. |
|
2. |
32001 L 0080: Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ L 309, 27.11.2001, p. 1), as amended by:
|
(1) Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families (OJ L 257, 19.10.1968, p. 13). Directive as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 33) and repealed with effect from 30 April 2006 by Directive 2004/38/EC of the European Parliament and of the Council (OJ L 158, 30.4.2004, p. 77).
(2) NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1). Regulation as last amended by 32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1).
(3) NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1). Regulation as last amended by 32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1).
(4) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).
(5) Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (OJ L 160, 26.6.1999, p. 48). Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).
(6) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).
(7) OJ L 228, 9.9.1996, p. 1. Decision as last amended by Decision No 884/2004/EC (OJ L 167, 30.4.2004, p. 1).
(8) OJ L 76, 23.3.1992, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).
(9) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
(10) OJ L 78, 26.3.1991, p. 32.
(11) OJ L 257, 10.10.1996, p. 26.
(12) OJ L 309, 27.11.2001, p. 1. Directive as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 33).
(13) OJ L 194, 25.7.1975, p. 39. Directive as amended by Directive 91/156/EEC, and as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
Appendix to Annex VI
CHAPTER I
List of milk processing establishments processing non-compliant milk referred to in Chapter 4, Section B, paragraph (a), of Annex VI
|
No |
Vet. No |
Name and address of establishment |
Site of premises concerned |
|
Blagoevgrad Region — No 1 |
|||
|
1 |
BG 0112004 |
‘Matand’ EOOD gr. Pernik ul. ‘Lenin’ 111 |
s. Eleshnitsa |
|
Burgas Region — No 2 |
|||
|
2 |
BG 0212013 |
ET ‘Marsi-Mincho Bakalov’ gr. Burgas j.k. ‘Vazrajdane’ bl. 1 |
Burgas j.k. ‘Pobeda’ ul. ‘Baykal’ 9 |
|
3 |
BG 0212027 |
DZZD ‘Mlechen svyat’ gr. Burgas j.k. ‘Izgrev’ ul. ‘Malchika’ 3 |
s. Debelt ul. ‘Indje voyvoda’ 5 obl. Burgaska |
|
4 |
BG 0212028 |
‘Vester’ OOD gr. Burgas ul. ‘Fotinov’ 36 |
s. Sigmen |
|
5 |
BG 0212047 |
‘Complektstroy’ EOOD gr. Burgas ul. ‘Aleksandar Stamboliiski’ 17 |
s. Veselie |
|
Vidin Region — No 5 |
|||
|
6 |
BG 0512025 |
‘El Bi Bulgarikum’ EAD gr. Vidin |
gr. Vidin Yujna promishlena zona |
|
Vratsa Region — No 6 |
|||
|
7 |
BG 0612010 |
‘Hadjiiski i familiya’ EOOD s. Gradeshnitsa |
s. Gradeshnitsa |
|
8 |
BG 0612027 |
‘Mlechen ray 99’ EOOD gr. Vratsa j.k. ‘Dabnika’ bl. 48 ap. 3 |
gr. Vratsa j.k. Bistrets Stopanski dvor |
|
9 |
BG 0612035 |
ET ‘Nivego’ s. Chiren |
s. Chiren |
|
Gabrovo Region — No 7 |
|||
|
10 |
BG 0712001 |
‘Ben Invest’ OOD s. Kostenkovtsi obsht. Gabrovo |
s. Kostenkovtsi obsht. Gabrovo |
|
11 |
BG 0712002 |
‘Shipka 97’ AD gr. Gabrovo ul. ‘V. Levski’ 2 |
gr. Gabrovo ul. ‘V. Levski’ 2 |
|
12 |
BG 0712003 |
‘Elvi’ OOD s. Velkovtsi obsht. Gabrovo |
s. Velkovtsi obsht. Gabrovo |
|
13 |
BG 0712008 |
‘Milkieks’ OOD gr. Sevlievo j.k. ‘d-r Atanas Moskov’ |
gr. Sevlievo j.k. ‘Atanas Moskov’ |
|
Dobrich Region — No 8 |
|||
|
14 |
BG 0812002 |
‘AVITA’ OOD gr. Sofia ul. ‘20-ti April’ 6 |
s. Tsarichino |
|
15 |
BG 0812008 |
‘Roles 2000’ OOD gr. Varna ul. ‘Tsar Ivan Shishman’ 13 |
s. Kardam |
|
16 |
BG 0812019 |
‘Filipopolis’ OOD gr. Plovdiv ul. ‘Hristo Danov’ 2 |
s. Jeglartsi |
|
17 |
BG 0812029 |
‘AKURAT — MLECHNA PROMISHLENOST’ OOD gr. Sofia ul. ‘Baba Vida 2’ |
gr. Dobrich j.k. ‘Riltsi’ |
|
18 |
BG 0812030 |
‘FAMA’ AD gr. Varna ul. ‘Evlogi Georgiev’ 23 |
gr. Dobrich bul. ‘Dobrudja’ 2 |
|
Kardjali Region — No 9 |
|||
|
19 |
BG 0912004 |
ET ‘Rado’ s. Byal izvor |
s. Byal izvor obsht. Ardino |
|
Kyustendil Region — No 10 |
|||
|
20 |
BG 1012012 |
‘Galkom’ OOD gr. Dupnitsa |
gr. Dupnitsa ul. ‘Venelin’ 57 |
|
21 |
BG 1012008 |
ET ‘Nikolay Kolev’ s. Konyavo |
s. Konyavo |
|
Lovech Region — No 11 |
|||
|
22 |
BG 1112001 |
‘Prima Lakta’ Ltd. gr. Lovech ul. ‘Troyansko shose’ 1 |
gr. Lovech ul. ‘Troyansko shose’ |
|
23 |
BG 1112004 |
‘Mlekoprodukt’ OOD gr. Lovech |
s. Goran |
|
24 |
BG 1112008 |
‘Plod’ AD gr. Apriltsi |
gr. Apriltsi |
|
25 |
BG 1112012 |
‘Stilos’ OOD gr. Dupnitsa ul. ‘Batenberg’ 64 |
s. Lesidren |
|
Pazardjik Region — No 13 |
|||
|
26 |
BG 1312011 |
‘Eko-F’ EAD gr. Sofia ul. ‘Stara planina’ 34 |
s. Karabunar |
|
27 |
BG 1312015 |
‘Mevgal Bulgaria’ EOOD gr. Velingrad |
gr. Velingrad j.k. ‘Industrialen’ |
|
28 |
BG 1312022 |
ET ‘Palmite-Vesela Popova’ gr. Plovdiv ul. ‘Koprivkite’ 23 |
gr. Strelcha ul. ‘Osvobojdenie’ 17 |
|
Pleven Region — No 15 |
|||
|
29 |
BG 1512003 |
‘Mandra 1’ EOOD s. Obnova |
s. Tranchovitsa |
|
30 |
BG 1512006 |
‘Mandra’ OOD s. Obnova |
s. Obnova |
|
31 |
BG 1512008 |
ET ‘Viola’ gr. Koynare |
gr. Koynare ul. ‘Hristo Botev’ 16 |
|
32 |
BG 1512010 |
ET ‘Militsa Lazarova - 90’ gr. Slavyanovo |
gr. Slavyanovo ul. ‘Asen Zlatarev’ 2 |
|
Plovdiv Region — No 16 |
|||
|
33 |
BG 1612009 |
ET ‘D.Madjarov’ gr. Plovdiv |
gr. Stamboliiski-mandra |
|
34 |
BG 1612013 |
ET ‘Polidey - EI’ gr. Karlovo |
s. Domlyan |
|
35 |
BG 1612017 |
‘Snep’ OOD gr. Rakovski |
gr. Rakovski ul. ‘F.Stanislavov’ 57 |
|
36 |
BG 1612020 |
ET ‘Bor -Chvor’ s. Dalbok izvor |
s. Dalbok izvor |
|
37 |
BG 1612023 |
‘Vanela’ OOD gr. Plovdiv bul. ‘Bulgaria’ 170 |
s. Tsarimir |
|
38 |
BG 1612024 |
SD ‘Kostovi - EMK’ gr. Saedinenie |
gr. Saedinenie |
|
39 |
BG 1612039 |
‘Topolovo-Agrokomers’ OOD gr. Sofia z.k. Dianabad, bl.20 |
s. Topolovo Stopanski dvor |
|
40 |
BG 1612040 |
‘Mlechni produkti’ OOD gr. Plovdiv |
s. Manole |
|
Razgrad Region — No 17 |
|||
|
41 |
BG 1712002 |
ET ‘Rosver’ gr. Tsar Kaloyan ul. ‘Ivan Vazov’ 4 |
gr. Tsar Kaloyan ul. ‘Sofia’ 41 |
|
42 |
BG 1712010 |
‘Bulagrotreyd’ OOD gr. Ruse ul. ‘Elin Pelin’ 15A |
s. Juper |
|
43 |
BG 1712020 |
ET ‘Prelest-Sevim Ahmed’ s. Podayva ul. ‘Struma’ 12 |
s. Lavino Stopanski dvor |
|
44 |
BG 1712042 |
ET ‘Madar’ s. Madrevo ul. ‘Han Kubrat’ 65 |
s. Terter Stopanski dvor |
|
Ruse Region — No 18 |
|||
|
45 |
BG 1812002 |
‘Laktis-Byala’ AD gr. Byala |
gr. Byala ul. ‘Stefan Stambolov’ 75 |
|
46 |
BG 1812005 |
ET ‘DAV’ gr. Ruse ul. ‘6-ti Septemvri’ 43 |
gr. Vetovo |
|
47 |
BG 1812022 |
ZKPU ‘Tetovo’ s. Tetovo |
s. Tetovo ul. ‘Tsar Osvoboditel’ 5 |
|
48 |
BG 1812011 |
ET ‘Georgi Bojinov-Gogo’ s. Nikolovo |
s. Nikolovo |
|
Silistra Region — No 19 |
|||
|
49 |
BG 1912004 |
ET ‘Merone-Hristo Kunev’ gr. Silistra bul. ‘Makedonia’ 150 |
gr. Alfatar |
|
50 |
BG 1912013 |
‘JOSI’ OOD gr. Sofia ul. ‘Hadji Dimitar’ 142 vh.A |
s. Chernolik |
|
51 |
BG 1912024 |
‘Buldeks’ OOD gr. Silistra ul. ‘D.Donchev’ 6 |
s. Belitsa |
|
Sliven Region — No 20 |
|||
|
52 |
BG 2012007 |
‘Delta lakt’ OOD gr. Stara Zagora ul. ‘Tsar Kaloyan’ 20 |
s. Stoil Voyvoda |
|
53 |
BG 2012020 |
‘Yotovi’ OOD gr. Sliven j.k. Rechitsa ul. ‘Kosharite’ 12 |
gr. Sliven j.k. Rechitsa |
|
54 |
BG 2012022 |
‘Bratya Zafirovi’ OOD gr. Sliven ul. ‘Treti mart’ 7 |
gr. Sliven Industrialna zona Zapad |
|
55 |
BG 2012030 |
‘Agroprodukt’ OOD gr. Sliven ul. ‘Oreshak’ 24 |
s. Dragodanovo |
|
56 |
BG 2012036 |
‘Minchevi’ OOD s. Korten obl. Sliven |
s. Korten obl. Sliven |
|
Smolyan Region — No 21 |
|||
|
57 |
BG 2112001 |
‘Belev’ EOOD gr. Smolyan |
gr. Smolyan ul. ‘Trakiya’ 15 |
|
58 |
BG 2112021 |
‘Rossi’ EOOD gr. Dospat |
gr. Dospat |
|
59 |
BG 2112018 |
ET ‘Rosen Atanasov-Komers’ s. Kutela |
s. Kutela |
|
60 |
BG 2112023 |
ET ‘Iliyan Isakov’ s. Trigrad |
s. Trigrad obsht. Devin |
|
Sofia City Region — No 22 |
|||
|
61 |
BG 2212001 |
‘Danon — Serdika’ AD gr. Sofia ul. ‘Ohridsko ezero’ 3 |
ul. ‘Ohridsko ezero’ 3 |
|
62 |
BG 2212002 |
‘Formalat’ EOOD s. G.Lozen ul. ‘Saedinenie’ 132 |
s. G. Lozen ul. ‘Saedinenie’ 132 |
|
63 |
BG 2212009 |
‘Serdika-94’ OOD j.k. Jeleznitsa |
j.k. Jeleznitsa |
|
64 |
BG 2212022 |
‘Megle - MJ’ OOD ul. ‘Probuda’ 14 |
ul. ‘Probuda’ 12-14 |
|
65 |
BG 2212023 |
‘EL BI BULGARIKUM’ EAD gr. Sofia ul. ‘Saborna’ 9 |
ul. ‘Malashevska’ 12A |
|
Sofia District Region — No 23 |
|||
|
66 |
BG 2312013 |
ET ‘Dobrev’ s. Dragushinovo |
s. Dragushinovo |
|
67 |
BG 2312016 |
AD ‘Bovis’ s. Trudovets |
s. Trudovets |
|
68 |
BG 2312026 |
‘Dyado Liben’ OOD gr. Sofia ul. ‘Hubcha’ 2 |
gr. Koprivshtitsa bul. ‘H.Nencho Palaveev’ 137 |
|
69 |
BG 2312033 |
‘Balkan Spetsial’ OOD gr. Sofia |
s. Gorna Malina |
|
70 |
BG 2312002 |
ET ‘Danim’ gr. Elin Pelin |
gr. Elin Pelin bul. ‘Vitosha’ 18A |
|
Stara Zagora Region — No 24 |
|||
|
71 |
BG 2412019 |
‘Dekada’ OOD gr. Stara Zagora bul. ‘Ruski’ 41 et.3 ap.9 |
s. Elhovo |
|
72 |
BG 2412023 |
Agricultural Institute gr. Stara Zagora |
gr. Stara Zagora |
|
73 |
BG 2412033 |
‘Gospodinovi’ OOD gr. Stara Zagora pl. ‘Beroe’ 1 ap.21 |
s. Julievo |
|
Targovishte Region — No 25 |
|||
|
74 |
BG 2512004 |
‘PIP Trade’ OOD gr. Sofia ul. ‘Baba Vida’ 2 |
s. Davidovo |
|
75 |
BG 2512006 |
‘Hadad’ OOD s. Makariopolsko |
s. Makariopolsko |
|
76 |
BG 2512016 |
‘Milktreyd-BG’ OOD gr. Sofia obsht. ‘Studentska’ 58-A-115 |
s. Saedinenie obl. Targovishte |
|
77 |
BG 2512017 |
‘YU E S - Komers’ OOD gr. Opaka |
s. Golyamo Gradishte ul. ‘Rakovski’ 2 |
|
Yambol Region — No 28 |
|||
|
78 |
BG 2812002 |
‘Arachievi’ OOD gr. Elhovo ul. ‘Bakalov’ 19 |
s. Kirilovo |
|
79 |
BG 2812003 |
‘Balgarski jogurt’ OOD s. Ravda |
s. Veselinovo Kompleks ‘Ekaterina’ |
|
80 |
BG 2812025 |
‘Sakarela’ OOD gr. Yambol ul. ‘Hr. Botev’ 24-B-15 |
gr. Yambol ul. ‘Preslav’ 269 |
CHAPTER II
List of milk establishments for dual milk processing - compliant and non-compliant milk referred to in Chapter 4, Section B, paragraphs (a) and (c), of Annex VI
|
No |
Vet. No |
Name and address of establishment |
Site of premises concerned |
|
Veliko Tarnovo Region — No 4 |
|||
|
1 |
BG 0412002 |
‘Sofbiolayf-BG’ OOD gr. Svishtov |
gr. Svishtov ul. ‘33-ti svishtovski polk.’ 67 |
|
2 |
BG 0412009 |
‘Milki-luks’ OOD gr. Plovdiv |
s. Byala Cherkva |
|
3 |
BG 0412010 |
‘Bi Si Si Handel’ OOD gr. Elena |
gr. Elena ul. ‘Treti mart’ 19 |
|
Vratsa Region — No 6 |
|||
|
4 |
BG 0612012 |
ET ‘Zorov - 97’ gr. Vratsa j.k. Kulata ul. ‘Palkovitsa’ 7 |
Vrachanski balkan, mestnost ‘Parshevitsa’ |
|
Dobrich Region — No 8 |
|||
|
5 |
BG 0812009 |
‘Serdika - 90’ AD gr. Dobrich |
gr. Dobrich ul. ‘25 septemvri’ 100 |
|
Lovech Region — No 11 |
|||
|
6 |
BG 1112006 |
‘Kondov Ekoproduktsiya’ OOD gr. Sofia |
s. Staro selo |
|
Plovdiv Region — No 16 |
|||
|
7 |
BG 1612001 |
‘OMK’ gr. Sofia |
gr. Plovdiv bul. ‘Dunav’ 3 |
|
8 |
BG 1612002 |
‘Shipka 99’ OOD gr. Parvomay |
gr. Parvomay |
|
9 |
BG 1612037 |
‘Filipopolis-RK’ OOD gr. Plovdiv |
gr. Plovdiv j.k. ‘Proslav’ ul. ‘Prosveta’ 2A |
|
10 |
BG 1612041 |
‘Elit-95’ EOOD s. Dalbok izvor |
s. Dalbok izvor |
|
Ruse Region — No 18 |
|||
|
11 |
BG 1812003 |
‘Sirma Prista’ AD gr. Ruse |
gr. Ruse bul. ‘3-ti mart’ 1 |
|
Sliven Region — No 20 |
|||
|
12 |
BG 2012006 |
‘Mlechen pat’ AD gr. Sofia ul. ‘Vasil Levski’ 109 |
gr. Nova Zagora j.k. Industrialen |
|
13 |
BG 2012009 |
‘Vangard’ OOD gr. Sliven ul. ‘Al. Stamboliiski’ 1 |
s. Jelyo voyvoda obl. Sliven |
|
14 |
BG 2012019 |
‘Hemus milk komers’ OOD gr. Sliven ul. ‘Neofit Rilski’ 3a |
gr. Sliven Industrialna zona Zapad j.k. 10 |
|
15 |
BG 2012042 |
‘Tirbul’ EAD gr. Sliven |
‘Tirbul’ EAD gr. Sliven |
|
Stara Zagora Region — No 24 |
|||
|
16 |
BG 2412005 |
‘Markeli’ AD gr. Stara Zagora ul. ‘Sv.Kn.Boris’ 67 et.3 ap.6 |
gr. Kazanlak j.k. Industrialen |
|
Targovishte Region — No 25 |
|||
|
17 |
BG 2512001 |
‘Mladost - 2002’ OOD gr. Targovishte |
gr. Targovishte bul. ‘29-ti yanuari’ 7 |
|
18 |
BG 2512020 |
‘Mizia-Milk’ OOD gr. Targovishte ul. ‘Rodopi’ 5 |
gr. Targovishte Industrialna zona |
|
Haskovo Region — No 26 |
|||
|
19 |
BG 2612047 |
‘Balgarsko sirene’ OOD gr. Harmanli ul. ‘Gotse Delchev’ 1 |
gr. Haskovo bul. ‘Saedinenie’ 94 |
|
Yambol Region — No 28 |
|||
|
20 |
BG 2812022 |
‘Karil i Tanya’ OOD gr. Yambol |
gr. Yambol ul. ‘Graf Ignatiev’ 189 |
ANNEX VII
List referred to in Article 20 of the Protocol: transitional measures, Romania
1. FREEDOM OF MOVEMENT FOR PERSONS
Treaty establishing a Constitution for Europe
|
|
31968 R 1612: Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ L 257, 19.10.1968, p. 2), as last amended by:
|
|
|
31996 L 0071: Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1); |
|
|
32004 L 0038: Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77). |
|
1. |
Article III-133 and the first paragraph of Article III-144 of the Constitution shall fully apply only, in relation to the freedom of movement of workers and the freedom to provide services involving temporary movement of workers as defined in Article 1 of Directive 96/71/EC between Romania on the one hand, and each of the present Member States on the other hand, subject to the transitional provisions laid down in paragraphs 2 to 14. |
|
2. |
By way of derogation from Articles 1 to 6 of Regulation (EEC) No 1612/68 and until the end of the two year period following the date of accession, the present Member States will apply national measures, or those resulting from bilateral agreements, regulating access to their labour markets by Romanian nationals. The present Member States may continue to apply such measures until the end of the five year period following the date of accession. Romanian nationals legally working in a present Member State at the date of accession and admitted to the labour market of that Member State for an uninterrupted period of 12 months or longer will enjoy access to the labour market of that Member State but not to the labour market of other Member States applying national measures. Romanian nationals admitted to the labour market of a present Member State following accession for an uninterrupted period of 12 months or longer shall also enjoy the same rights. The Romanian nationals mentioned in the second and third subparagraphs above shall cease to enjoy the rights contained in those subparagraphs if they voluntarily leave the labour market of the present Member State in question. Romanian nationals legally working in a present Member State at the date of accession, or during a period when national measures are applied, and who were admitted to the labour market of that Member State for a period of less than 12 months shall not enjoy these rights. |
|
3. |
Before the end of the two year period following the date of accession, the Council shall review the functioning of the transitional provisions laid down in paragraph 2, on the basis of a report from the Commission. On completion of this review, and no later than at the end of the two year period following the date of accession, the present Member States shall notify the Commission whether they will continue applying national measures or measures resulting from bilateral agreements, or whether they will apply Articles 1 to 6 of Regulation (EEC) No 1612/68 henceforth. In the absence of such notification, Articles 1 to 6 of Regulation (EEC) No 1612/68 shall apply. |
|
4. |
Upon the request of Romania, one further review may be held. The procedure referred to in paragraph 3 shall apply and shall be completed within six months of receipt of the request from Romania. |
|
5. |
A Member State maintaining national measures or measures resulting from bilateral agreements at the end of the five year period indicated in paragraph 2 may, in case of serious disturbances of its labour market or threat thereof and after notifying the Commission, continue to apply these measures until the end of the seven year period following the date of accession. In the absence of such notification, Articles 1 to 6 of Regulation (EEC) No 1612/68 shall apply. |
|
6. |
During the seven year period following the date of accession, those Member States in which, by virtue of paragraph 3, 4 or 5, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply as regards Romanian nationals, and which are issuing work permits to nationals of Romania for monitoring purposes during this period, will do so automatically. |
|
7. |
Those Member States in which, by virtue of paragraphs 3, 4 or 5, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply as regards Romanian nationals, may resort to the procedures set out in the subparagraphs below until the end of the seven year period following the date of accession. When a Member State referred to in the first subparagraph undergoes or foresees disturbances on its labour market which could seriously threaten the standard of living or level of employment in a given region or occupation, that Member State shall inform the Commission and the other Member States thereof and shall supply them with all relevant particulars. On the basis of this information, the Member State may request the Commission to state that the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 be wholly or partially suspended in order to restore to normal the situation in that region or occupation. The Commission shall decide on the suspension and on the duration and scope thereof not later than two weeks after receiving such a request and shall notify the Council of such a decision. Any Member State may, within two weeks from the date of the Commission's Decision, request the Council to annul or amend the Decision. The Council shall act on such a request within two weeks, by qualified majority. A Member State referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of Articles 1 to 6 of Regulation (EEC) No 1612/68, followed by a reasoned ex-post notification to the Commission. |
|
8. |
As long as the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by virtue of paragraphs 2 to 5 and 7 above, Article 23 of Directive 2004/38/EC shall apply in Romania with regard to nationals of the present Member States, and in the present Member States with regard to Romanian nationals, under the following conditions, so far as the right of family members of workers to take up employment is concerned:
These provisions shall be without prejudice to more favourable measures whether national or resulting from bilateral agreements. |
|
9. |
Insofar as provisions of Directive 2004/38/EC which take over provisions of Directive 68/360/EEC (1) may not be dissociated from those of Regulation (EEC) No 1612/68 whose application is deferred pursuant to paragraphs 2 to 5 and 7 and 8, Romania and the present Member States may derogate from those provisions to the extent necessary for the application of paragraphs 2 to 5 and 7 and 8. |
|
10. |
Whenever national measures, or those resulting from bilateral agreements, are applied by the present Member States by virtue of the transitional provisions laid down above, Romania may maintain in force equivalent measures with regard to the nationals of the Member State or States in question. |
|
11. |
If the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by any of the present Member States, Romania may resort to the procedures laid down in paragraph 7 with respect to Bulgaria. During any such period work permits issued by Romania for monitoring purposes to nationals of Bulgaria shall be issued automatically. |
|
12. |
Any present Member State applying national measures in accordance with paragraphs 2 to 5 and 7 to 9, may introduce, under national law, greater freedom of movement than that existing at the date of accession, including full labour market access. From the third year following the date of accession, any present Member State applying national measures may at any time decide to apply Articles 1 to 6 of Regulation (EEC) No 1612/68 instead. The Commission shall be informed of any such decision. |
|
13. |
In order to address serious disturbances or the threat thereof in specific sensitive service sectors on their labour markets, which could arise in certain regions from the transnational provision of services, as defined in Article 1 of Directive 96/71/EC, and as long as they apply, by virtue of the transitional provisions laid down above, national measures or those resulting from bilateral agreements to the free movement of Romanian workers, Germany and Austria may, after notifying the Commission, derogate from the first paragraph of Article III-144 of the Constitution with a view to limit, in the context of the provision of services by companies established in Romania, the temporary movement of workers whose right to take up work in Germany and Austria is subject to national measures. The list of service sectors which may be covered by this derogation is as follows:
To the extent that Germany or Austria derogate from the first paragraph of Article III-144 of the Constitution in accordance with the preceding subparagraphs, Romania may, after notifying the Commission, take equivalent measures. The effect of the application of this paragraph shall not result in conditions for the temporary movement of workers in the context of the transnational provision of services between Germany or Austria and Romania which are more restrictive than those prevailing on the date of signature of the Treaty of Accession. |
|
14. |
The effect of the application of paragraphs 2 to 5 and 7 to 12 shall not result in conditions for access of Romanian nationals to the labour markets of the present Member States which are more restrictive than those prevailing on the date of signature of the Treaty of Accession. Notwithstanding the application of the provisions laid down in paragraphs 1 to 13, the present Member States shall, during any period when national measures or those resulting from bilateral agreements are applied, give preference to workers who are nationals of the Member States over workers who are nationals of third countries as regards access to their labour market. Romanian migrant workers and their families legally resident and working in another Member State or migrant workers from other Member States and their families legally resident and working in Romania shall not be treated in a more restrictive way than those from third countries resident and working in that Member State or Romania respectively. Furthermore, in application of the principle of Community preference, migrant workers from third countries resident and working in Romania shall not be treated more favourably than nationals of Romania. |
2. FREEDOM TO PROVIDE SERVICES
31997 L 0009: Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes (OJ L 84, 26.3.1997, p. 22).
By way of derogation from Article 4(1) of Directive 97/9/EC, the minimum level of compensation shall not apply in Romania until 31 December 2011. Romania shall ensure that its investor‐compensation scheme provides for cover of not less than EUR 4 500 from 1 January 2007 until 31 December 2007, of not less than EUR 7 000 from 1 January 2008 until 31 December 2008, of not less than EUR 9 000 from 1 January 2009 until 31 December 2009, of not less than EUR 11 000 from 1 January 2010 until 31 December 2010 and of not less than EUR 15 000 from 1 January 2011 until 31 December 2011.
During the transitional period the other Member States will retain the right to prevent a branch of a Romanian investment firm established on their territories from operating unless and until such a branch has joined an officially recognised investor-compensation scheme within the territory of the Member State concerned in order to cover the difference between the Romanian level of compensation and the minimum level referred to in Article 4(1) of Directive 97/9/EC.
3. FREE MOVEMENT OF CAPITAL
Treaty establishing a Constitution for Europe.
|
1. |
Notwithstanding the obligations under the Treaty establishing a Constitution for Europe, Romania may maintain in force for five years from the date of accession the restrictions laid down in its legislation, existing at the time of signature of the Treaty of Accession, on the acquisition of ownership over land for secondary residences by nationals of the Member States or the States which are a party to the European Economic Area Agreement (EEAA) non-resident in Romania and by companies formed in accordance with the laws of another Member State or of an EEAA State and being neither established nor having a branch or a representative agency in the territory of Romania. Nationals of the Member States and nationals of the States which are a party to the European Economic Area Agreement who are legally resident in Romania shall not be subject to the provisions of the preceding subparagraph or to any rules and procedures other than those to which nationals of Romania are subject. |
|
2. |
Notwithstanding the obligations under the Treaty establishing a Constitution for Europe, Romania may maintain in force for seven years from the date of accession the restrictions laid down in its legislation, existing at the time of signature of the Treaty of Accession, on the acquisition of agricultural land, forests and forestry land by nationals of the Member States, by nationals of the States which are a party to the European Economic Area Agreement and by companies formed in accordance with the laws of another Member State or an EEAA State which are neither established nor registered in Romania. In no instance may a national of a Member State be treated less favourably in respect of the acquisition of agricultural land, forests and forestry land than at the date of signature of the Accession Treaty or be treated in a more restrictive way than a national of a third country. Self-employed farmers who are nationals of another Member State and who wish to establish themselves and reside in Romania, shall not be subject to the provisions of the preceding subparagraph or to any procedures other than those to which nationals of Romania are subject. A general review of these transitional measures shall be held in the third year following the date of accession. To this effect, the Commission shall submit a report to the Council. The Council may, acting unanimously on a proposal from the Commission, decide to shorten or terminate the transitional period indicated in the first subparagraph. |
4. COMPETITION POLICY
A. FISCAL AID
1. Treaty establishing a Constitution for Europe, Part III, Title III, Chapter I, Section 5, Rules on competition
|
(a) |
Notwithstanding Articles III-167 and III-168 of the Constitution for undertakings which were given the permanent investor certificate in a Deprived Area before 1 July 2003, Romania may continue granting corporate tax exemptions on the basis of Government Emergency Ordinance No 24/1998 on Deprived Areas, as amended:
|
|
(b) |
Romania shall supply to the Commission:
|
2. Treaty establishing a Constitution for Europe, Part III, Title III, Chapter I, Section 5, Rules on competition
|
(a) |
Notwithstanding Articles III-167 and III-168 of the Constitution for undertakings which signed commercial contracts with the Free Trade Areas Administrations before 1 July 2002, Romania may continue granting royalty exemptions on the basis of Law No 84/1992 on Free Trade Areas, as amended, until 31 December 2011 under the following conditions:
|
|
(b) |
Romania shall supply to the Commission:
|
B. STEEL RESTRUCTURING
Treaty establishing a Constitution for Europe, Part III, Title III, Chapter I, Section 5, Rules on competition
|
1. |
Notwithstanding Articles III-167 and III-168 of the Constitution, State aid granted by Romania for restructuring purposes to specified parts of the Romanian steel industry from 1993 to 2004 shall be deemed to be compatible with the common market provided that:
|
|
2. |
Only the companies listed in Appendix A, Part I, (hereinafter referred to as the ‘benefiting companies’) shall be eligible for State aid in the framework of the Romanian steel restructuring programme. |
|
3. |
Restructuring of the Romanian steel sector, as described in the individual business plans of the benefiting companies and in the national restructuring programme, and in line with the conditions set out in these provisions and in Appendix A, shall be completed no later than 31 December 2008 (hereinafter referred to as ‘the end of the restructuring period’). |
|
4. |
A benefiting company may not:
|
|
5. |
Any subsequent changes in the ownership of any of the benefiting companies shall respect the conditions and principles regarding viability, State aids and capacity reduction defined in these provisions and in Appendix A. |
|
6. |
Companies not listed as ‘benefiting companies’ under Appendix A, Part I, shall not benefit from State aid for restructuring or any other aid not deemed compatible with Community State aid rules and shall not be required to reduce capacity in this context. Any capacity cuts within these companies shall not count towards the minimum reduction. |
|
7. |
The total amount of gross restructuring aid to be approved for the benefiting companies shall be determined by the justifications for each and every aid measure provided in the final national restructuring programme and individual business plans to be approved by the Romanian authorities and subject to final verification of fulfilment of the criteria laid out in Article 9(4) of Protocol 2 to the Europe Agreement and approval by the Council. In any case, the total amount of gross restructuring aid granted and paid in the period 1993-2004 shall not exceed ROL 49 985 billion. Within this overall ceiling, the following sub-ceilings or maximum amounts of State aid granted and paid to each benefiting company in the period 1993-2004 shall apply:
The State aid shall lead to the viability of the benefiting companies under normal market conditions at the end of the restructuring period. The amount and intensity of such aid are to be strictly limited to what is absolutely necessary in order to restore such viability. The viability shall be determined taking into account the benchmarks described in Appendix A, Part III. No further State aid shall be granted by Romania for restructuring purposes to the Romanian steel industry. |
|
8. |
The total net capacity reductions for finished products to be achieved by the benefiting companies during the period 1993-2008 shall be a minimum of 2,05 million tonnes. These capacity reductions shall be measured on the basis of permanent closure by physical destruction of the hot-rolled steel facilities concerned, such that the facilities cannot be restored to service. A declaration of bankruptcy of a benefiting company shall not qualify as a capacity reduction (9). The minimum net capacity reduction of 2,05 million tonnes and the dates for both cessation of production and the permanent closure of the facilities covered, shall be achieved in line with the timetable set out in Appendix A, Part II. |
|
9. |
The individual business plans shall have the written endorsement of the benefiting companies. They shall be implemented and in particular include:
|
|
10. |
Any subsequent changes in the national restructuring programme and the individual business plans must be agreed by the Commission, and where appropriate, by the Council. |
|
11. |
The implementation of the restructuring shall take place under conditions of full transparency and on the basis of sound market economy principles. |
|
12. |
The Commission and the Council shall closely monitor the implementation of the restructuring programme and individual business plans, as well as the fulfilment of the conditions set out in these provisions and in Appendix A before and after accession until 2009. In particular, the Commission shall monitor the main commitments and provisions set out in paragraphs 7 and 8 concerning State aid, viability and capacity reductions, using in particular the restructuring benchmarks set out in paragraph 9 and in Appendix A, Part III. For this purpose, the Commission shall report to the Council. |
|
13. |
Monitoring shall include an independent evaluation to be carried out annually in each of the years 2005 to 2009. |
|
14. |
Romania shall cooperate fully with all the arrangements for monitoring. In particular:
|
|
15. |
A Consultative Committee consisting of representatives of the Romanian authorities and of the Commission shall meet on a 6-monthly basis. Meetings of this Consultative Committee may also take place on an ad hoc basis if deemed necessary by the Commission. |
|
16. |
If the Commission establishes, on the basis of the monitoring, that substantial deviations from the forecasts of the macroeconomic developments, the financial situation of the benefiting companies or the viability assessment have occurred, it may require Romania to take appropriate measures to reinforce or modify the restructuring measures of the benefiting companies concerned. |
|
17. |
Should the monitoring show that:
the Commission shall take the appropriate steps requiring any company concerned to reimburse any aid granted in breach of the conditions laid down in these provisions and in Appendix A. Where necessary, recourse to the safeguard clauses as laid down in Article 37 of the Protocol or under Article 39 of the Protocol shall be made. |
5. AGRICULTURE
A. AGRICULTURAL LEGISLATION
31999 R 1493: Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ L 179, 14.7.1999, p. 1), as last amended by:
|
— |
32003 R 1795: Commission Regulation (EC) No 1795/2003 of 13.10.2003 (OJ L 262, 14.10.2003, p. 13). |
By way of derogation from Article 19(1) to (3) of Regulation (EC) No 1493/1999, Romania may recognise replanting rights obtained from the grubbing-up of hybrid varieties that may not be included in the classification of vine varieties, cultivated on an area of 30 000 hectares. These replanting rights may only be used until 31 December 2014 and exclusively for planting with Vitis vinifera.
The restructuring and conversion of these vineyards will not be eligible for Community support provided for under Article 13 of Regulation (EC) No 1493/1999. However, national State aid may be given for the costs resulting from their restructuring and conversion. Such aid may not exceed 75 % of all costs per vineyard.
B. VETERINARY AND PHYTOSANITARY LEGISLATION
I. Veterinary legislation
32004 R 0852: Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).
32004 R 0853: Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).
|
(a) |
The structural requirements laid down in Regulation (EC) No 852/2004, Annex II, Chapter II and in Regulation (EC) No 853/2004, Annex III, Section I, Chapters II and III, Section II, Chapters II and III, and Section V, Chapter I, shall not apply to establishments in Romania listed in Appendix B to this Annex until 31 December 2009, subject to the conditions laid down below. |
|
(b) |
As long as the establishments referred to in paragraph (a) above benefit from the provisions of that paragraph, products originating from those establishments shall only be placed on the domestic market or used for further processing in establishments in Romania also covered by the provisions of paragraph (a), irrespective of the date of marketing. These products must bear a different health or identification mark to that provided for in Article 5 of Regulation (EC) No 853/2004. The previous subparagraph also applies to all products originating from integrated meat establishments where a part of the establishment is subject to the provisions of paragraph (a). |
|
(c) |
The milk processing establishments listed in Appendix B to this Annex may until 31 December 2009 receive deliveries of raw milk that does not comply with or has not been handled in accordance with the requirements in Regulation (EC) No 853/2004, Annex III, Section IX, Chapter I, subchapters II and III provided that those farms from which the milk is delivered are mentioned on a list maintained for that purpose by the Romanian authorities. Romania shall submit annual reports to the Commission on progress made in upgrading these dairy farms and the milk collection system. |
|
(d) |
Romania shall ensure gradual compliance with the structural requirements referred to in paragraph (a). Before the date of accession Romania shall submit to the Commission an upgrading plan, approved by the competent national veterinary authority, for each of the establishments covered by the measure laid down by paragraph (a) and listed in Appendix B. The plan shall include a list of all shortcomings with regard to the requirements referred to in paragraph (a) and the planned date of their correction. Romania shall submit annual reports to the Commission on progress made in each of the establishments. Romania shall ensure that only those establishments which fully comply with these requirements by 31 December 2009 may continue to operate. |
|
(e) |
The Commission may, in accordance with the procedure referred to in Article 58 of Regulation (EC) No 178/2002 (10), update Appendix B to this Annex before accession and until 31 December 2009 and in this context add or delete individual establishments in the light of progress made in the correction of existing shortcomings and the outcome of the monitoring process. Detailed implementing rules to ensure the smooth operation of the above transitional regime may be adopted in accordance with the procedure referred to in Article 58 of Regulation (EC) No 178/2002. |
II. Phytosanitary legislation
31991 L 0414: Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1), as last amended by:
|
— |
32004 L 0099: Commission Directive 2004/99/EC of 1.10.2004 (OJ L 309, 6.10.2004, p. 6). |
By way of derogation from Article 13(1) of Directive 91/414/EEC, Romania may postpone the deadlines for the provision of the information referred to in Annex II and Annex III to Directive 91/414/EEC for plant protection products currently authorised in Romania and marketed exclusively on Romanian territory and containing copper compounds (sulphate, oxychloride or hydroxide), sulphur, acetochlor, dimethoate and 2,4-D, provided that those ingredients are at the time listed in Annex I to that Directive. The abovementioned deadlines may be postponed until no later than 31 December 2009, except for 2,4-D for which the deadline may be postponed until no later than 31 December 2008. The above provisions shall only apply to those applicant companies which effectively started working on the generation or acquisition of the required data before 1 January 2005.
6. TRANSPORT POLICY
|
1. |
31993 R 3118: Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (OJ L 279, 12.11.1993, p. 1), as last amended by:
|
|
2. |
31996 L 0053: Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59), as last amended by:
By way of derogation from Article 3(1) of Directive 96/53/EC, vehicles complying with the limit values of category 3.2.1, 3.4.1, 3.4.2, 3.5.1 specified in Annex I to that Directive may only use non‐upgraded parts of the Romanian road network until 31 December 2013 if they comply with Romanian axle-weight limits. As from the date of accession, no restrictions may be imposed on the use, by vehicles complying with the requirements of Directive 96/53/EC, of the main transit routes set out in Annex 5 to the EC/Romania Transport Agreement (11) and Annex I to Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (12), which are listed below:
Romania shall adhere to the timetable set out in the table below for upgrading its secondary road network as shown in the map below. Any infrastructure investments involving the use of funds from the Community budget shall ensure that the arteries are constructed or upgraded to a load bearing capacity of 11,5 tonnes per axle. In line with the completion of the upgrading, there shall be a progressive opening of the Romanian secondary road network for vehicles in international traffic complying with the limit values of the Directive. For the purpose of loading and unloading, where technically possible, the use of non‐upgraded parts of the secondary road network shall be allowed during the entire transitional period. As from the date of accession, all vehicles in international traffic complying with the limit values of Directive 96/53/EC shall only be subject to temporary additional charges on the secondary Romanian road transport network if they are in excess of national axle‐load limits. These vehicles shall not be subject to such temporary additional charges on the secondary Romanian road transport network if they are in excess of national limits in relation to the dimension or total weight of the vehicle. Moreover those vehicles in international traffic complying with the limit values of Directive 96/53/EC and fitted with air-suspension, shall be subject to lower charges of at least 25 % less. Temporary additional charges for using non-upgraded parts of the secondary network with vehicles in international traffic complying with the limit values of the Directive shall be levied in a non-discriminatory manner. The charging regime shall be transparent, and payment of these charges shall not place an undue administrative burden or delay on the user, nor shall the payment of these charges lead to a systematic check of axle load limits at the border. Enforcement of axle load limits shall be assured in a non‐discriminatory manner throughout the territory and be effective also as regards vehicles registered in Romania. The charges for vehicles without air-suspension complying with the limit values set out in Directive 96/53/EC shall not exceed the level of charges set out in the table below (expressed in 2002 figures). Vehicles fitted with air-suspension complying with the limit values set out in Directive 96/53/EC shall be subject to lower charges of at least 25 % less. Maximum level of charges (2002 figures) for vehicles without air-suspension complying with the limit values set out in Directive 96/53/EC
Timetable for upgrading the secondary road network on which there will be a progressive opening for vehicles complying with the limit values of Directive 96/53/EC
|
|
3. |
31999 L 0062: Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (OJ L 187, 20.7.1999, p. 42), as last amended by:
By way of derogation from Article 6(1) of Directive 1999/62/EC, the minimum tax rates laid down in Annex I to the Directive shall not apply in Romania to vehicles engaged exclusively in domestic transport operations until 31 December 2010. During this period, the rates to be applied by Romania to these vehicles shall gradually reach the minimum rates of tax laid down in Annex I to the Directive in accordance with the following schedule:
|
7. TAXATION
|
1. |
31977 L 0388: Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ L 145, 13.6.1977, p. 1), as last amended by:
For the purposes of applying Article 28(3)(b) of Directive 77/388/EEC, Romania may maintain an exemption from value added tax on international transport of passengers, referred to in point 17 of Annex F to the Directive, until the condition set out in Article 28(4) of the Directive is fulfilled or for as long as the same exemption is applied by any of the present Member States, whichever is the earlier. |
|
2. |
31992 L 0079: Council Directive 92/79/EEC of 19 October 1992 on the approximation of taxes on cigarettes (OJ L 316, 31.10.1992, p. 8), as last amended by:
By way of derogation from Article 2(1) of Directive 92/79/EEC, Romania may postpone the application of the overall minimum excise duty on the retail selling price (inclusive of all taxes) for cigarettes of the price category most in demand until 31 December 2009, provided that during this period Romania gradually adjusts its excise duty rates towards the overall minimum excise duty provided for in the Directive. Without prejudice to Article 8 of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (15), and having informed the Commission, Member States may, as long as the above derogation applies, maintain the same quantitative limits for cigarettes which may be brought into their territories from Romania without further excise duty payment as those applied to imports from third countries. Member States making use of this possibility may carry out the necessary checks provided that these checks do not affect the proper functioning of the internal market. |
|
3. |
32003 L 0049: Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (OJ L 157, 26.6.2003, p. 49), as last amended by:
Romania shall be authorised not to apply the provisions of Article 1 of Directive 2003/49/EC until 31 December 2010. During that transitional period, the rate of tax on payments of interest or royalties made to an associated company of another Member State or to a permanent establishment situated in another Member State of an associated company of a Member State must not exceed 10 %. |
|
4. |
32003 L 0096: Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51), as last amended by:
|
8. ENERGY
31968 L 0414: Council Directive 68/414/EEC of 20 December 1968 imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products (OJ L 308, 23.12.1968, p. 14), as last amended by:
|
— |
31998 L 0093: Council Directive 98/93/EC of 14.12.1998 (OJ L 358, 31.12.1998, p. 100). |
By way of derogation from Article 1(1) of Directive 68/414/EEC, the minimum level of stocks of petroleum products shall not apply in Romania until 31 December 2011. Romania shall ensure that its minimum level of stocks of petroleum products corresponds, for each of the categories of petroleum products listed in Article 2, to at least the following number of days' average daily internal consumption as defined in Article 1(1):
|
— |
68,75 days by 1 January 2007; |
|
— |
73 days by 31 December 2007; |
|
— |
77,25 days by 31 December 2008; |
|
— |
81,5 days by 31 December 2009; |
|
— |
85,45 days by 31 December 2010; |
|
— |
90 days by 31 December 2011. |
9. ENVIRONMENT
A. AIR QUALITY
31994 L 0063: European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations (OJ L 365, 31.12.1994, p. 24), as amended by:
|
— |
32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1). |
|
1. |
By way of derogation from Article 3 and Annex I to Directive 94/63/EC, the requirements for existing storage installations at terminals shall not apply in Romania:
|
|
2. |
By way of derogation from Article 4 and Annex II to Directive 94/63/EC, the requirements for loading and unloading of existing mobile containers at terminals shall not apply in Romania:
|
|
3. |
By way of derogation from Article 5 of Directive 94/63/EC, the requirements for existing mobile containers at terminals shall not apply in Romania:
|
|
4. |
By way of derogation from Article 6 and Annex III to Directive 94/63/EC, the requirements for loading into existing storage installations at service stations shall not apply in Romania:
|
B. WASTE MANAGEMENT
|
1. |
31993 R 0259: Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ L 30, 6.2.1993, p. 1), as last amended by:
|
|
2. |
31994 L 0062: European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10), as last amended by:
|
|
3. |
31999 L 0031: Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1), as amended by:
|
|
4. |
32002 L 0096: Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (OJ L 37, 13.2.2003, p. 24), as amended by:
By way of derogation from Articles 5(5) and 7(2) of Directive 2002/96/EC, Romania shall attain the rate of separate collection of at least four kilograms on average per inhabitant per year of WEEE from private households, the rate of recovery and the rate of component, material and substance reuse and recycling by 31 December 2008. |
C. WATER QUALITY
|
1. |
31983 L 0513: Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges (OJ L 291, 24.10.1983, p. 1), as amended by:
By way of derogation from Article 3 and Annex I to Directive 83/513/EEC and Article 3 and Annex I to Directive 84/156/EEC, the limit values for discharges of cadmium and mercury into the waters referred to in Article 1 of Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (24), shall not apply in Romania until 31 December 2009 to the following industrial installations:
|
|
2. |
31984 L 0491: Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane (OJ L 274, 17.10.1984, p. 11), as amended by:
By way of derogation from Article 3 and Annex I to Directive 84/491/EEC, the limit values for discharges of lindane into the waters referred to in Article 1 of Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (25), shall not apply in Romania until 31 December 2009 to the following industrial installations:
|
|
3. |
31986 L 0280: Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in List I of the Annex to Directive 76/464/EEC (OJ L 181, 4.7.1986, p. 16), as last amended by:
By way of derogation from Article 3 and Annex II to Directive 86/280/EEC, the limit values for discharges of hexachlorobenzene, hexachlorobutadiene, 1,2 — dichloroethane (EDC), trichloroethylene (TRI) and trichlorobenzene (TCB) into the waters referred to in Article 1 of Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (25), shall not apply in Romania until 31 December 2009 to the following industrial installations:
|
|
4. |
31991 L 0271: Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135, 30.5.1991, p. 40), as last amended by:
By way of derogation from Articles 3, 4 and 5 (2) of Directive 91/271/EEC, the requirements for collecting systems and treatment of urban waste water shall not fully apply in Romania until 31 December 2018, in accordance with the following intermediate targets:
Romania shall ensure a gradual increase of provision of Article 3 collecting systems in accordance with the following minimum overall population equivalent rates:
Romania shall ensure a gradual increase of provision of Articles 4 and 5(2) waste water treatment in accordance with the following minimum overall population equivalent rates:
|
|
5. |
31998 L 0083: Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, p. 32), as amended by:
By way of derogation from Articles 5(2) and 8, and from Annex I, Part B and Part C to Directive 98/83/EC, the values set for the following parameters shall not fully apply to Romania under the conditions set out below:
Romania shall ensure compliance with the requirements of the Directive, in accordance with the intermediate targets set out in the table below: Localities complying by 31 December 2006
Localities complying by the end of 2010
This derogation does not apply to drinking water intended for food processing. |
D. INDUSTRIAL POLLUTION AND RISK MANAGEMENT
|
1. |
31996 L 0061: Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ L 257, 10.10.1996, p. 26), as last amended by:
By way of derogation from Article 5(1) of Directive 96/61/EC, the requirements for the granting of permits for existing installations shall not apply in Romania to the following installations until the date indicated for each installation, insofar as the obligation to operate these installations in accordance with emission limit values, equivalent parameters or technical measures based on the best available techniques according to Article 9(3) and (4) is concerned:
Fully coordinated permits shall be issued for these installations before 30 October 2007, containing individually binding timetables for the achievement of full compliance. These permits shall ensure compliance with the general principles governing the basic obligations of operators, as set out in Article 3 of the Directive by 30 October 2007. |
|
2. |
32000 L 0076: Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste (OJ L 332, 28.12.2000, p. 91). By way of derogation from Articles 6, 7(1) and 11 of Directive 2000/76/EC, the emission limit values and the requirements for measurements shall not apply until 31 December 2007 to 52 incinerators for medical waste and until 31 December 2008 to 58 incinerators for medical waste in Romania. Romania shall report to the Commission by the end of the first trimester of each year, starting with 30 March 2007, on the closure of non-complying installations for thermal treatment of hazardous waste and the quantities of medical waste treated in the previous year. |
|
3. |
32001 L 0080: Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ L 309, 27.11.2001, p. 1), as amended by:
|
(1) Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families (OJ L 257, 19.10.1968, p. 13). Directive as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 33) and repealed with effect from 30 April 2006 by Directive 2004/38/EC of the European Parliament and of the Council (OJ L 158, 30.4.2004, p. 77).
(2) NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1). Regulation as last amended by 32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1).
(3) NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1). Regulation as last amended by 32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1).
(4) Within the meaning of Annex C of Commission Communication - Multisectoral framework on regional aid for large investment projects (OJ C 70, 19.3.2002, p. 8). Communication as last amended and published in OJ C 263, 1.11.2003, p. 3.
(5) OJ C 74, 10.3.1998, p. 9. Guidelines as last amended and published in OJ C 258, 9.9.2000, p. 5.
(6) Within the meaning of Annex C of Commission Communication - Multisectoral framework on regional aid for large investment projects (OJ C 70, 19.3.2002, p. 8). Communication as last amended and published in OJ C 263, 1.11.2003, p. 3.
(7) OJ C 74, 10.3.1998, p. 9. Guidelines as last amended and published in OJ C 258, 9.9.2000, p. 5.
(8) OJ L 357, 31.12.1994, p. 2. Agreement as last amended by Decision No 2/2003 of the EU/Romania Association Council of 25.9.2003 (not yet published in the Official Journal).
(9) Capacity reductions shall be permanent as defined in Commission Decision No 3010/91/ECSC (OJ L 286, 6.10.1991, p. 20.)
(10) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).
(11) Road Transit Agreement between the European Community and Romania for the carriage of goods of 28 June 2001 (OJ L 142, 31.5.2002, p. 75).
(12) OJ L 228, 9.9.1996, p. 1. Decision as last amended by Decision No 884/2004/EC (OJ L 167, 30.4.2004, p. 1).
(13) Km ongoing = road sections for which works are carried out during the reference year. These works may start in the reference year or may have started in the previous years.
(14) Km put in service = road sections for which the works are completed or put into service in the reference year.
(15) OJ L 76, 23.3.1992, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).
(16) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
(17) OJ L 78, 26.3.1991, p. 32.
(18) OJ L 78, 26.3.1991, p. 32.
(19) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).
(20) OJ L 332, 28.12.2000, p. 91.
(21) OJ L 309, 27.11.2001, p. 1. Directive as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 33).
(22) OJ L 194, 25.7.1975, p. 39. Directive as amended by Directive 91/156/EEC, and as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
(23) OJ L 377, 31.12.1991, p. 20. Directive as last amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).
(24) OJ L 129, 18.5.1976, p. 23. Directive as last amended by Directive 2000/60/EC of the European Parliament and of the Council (OJ L 327, 22.12.2000, p. 1).
(25) OJ L 129, 18.5.1976, p. 23. Directive as last amended by Directive 2000/60/EC of the European Parliament and of the Council (OJ L 327, 22.12.2000, p. 1).
Appendix A to Annex VII
Restructuring of the Romanian steel industry (Referred to in Annex VII, Chapter 4, Section B)
PART I
COMPANIES BENEFITING FROM STATE AID UNDER THE STEEL RESTRUCTURING PROGRAMME OF ROMANIA
|
— |
Ispat Sidex Galaţi |
|
— |
Siderurgica Hunedoara |
|
— |
COS Târgovişte |
|
— |
CS Reşiţa |
|
— |
IS Câmpia Turzii |
|
— |
Donasid (Siderca) Călăraşi |
PART II
TIMETABLE AND DESCRIPTION OF CAPACITY CHANGES (1)
|
|
Facility |
Capacity change (tonnes) |
Date of cessation of production |
Date of permanent closure |
|
Siderurgica Hunedoara |
Wire rod No 1 |
–400 000 |
1995 |
1997 |
|
|
Wire rod No 3 |
–280 000 |
1998 |
2000 |
|
|
Medium sections |
–480 000 |
1st quarter 2008 |
2nd quarter 2008 |
|
IS Câmpia Turzii |
Wire rod No 1 |
–80 000 |
1995 |
1996 |
|
CS Reşiţa |
Light sections |
–80 000 |
2000 |
2001 |
|
|
Rail wheels |
–40 000 |
1999 |
2000 |
|
|
Heavy sections |
–220 000 |
4th quarter 2007 |
2nd quarter 2008 |
|
|
Medium and special sections |
–120 000 |
4th quarter 2006 |
4th quarter 2007 |
|
Donasid (Siderca) Călăraşi |
Medium sections |
–350 000 |
1997 |
1999 |
|
|
Net capacity change |
–2 050 000 |
|
|
PART III
RESTRUCTURING BENCHMARKS
1. Viability
Taking into account the special accounting rules applied by the Commission, each benefiting company shall achieve a minimum annual gross operating result of turnover of 10 % for non‐integrated steel undertakings and 13,5 % for integrated steel mills and a minimum return of 1,5 % of turnover on own capital no later than 31 December 2008. This shall be verified in the independent evaluation carried out annually between 2005 and 2009, as provided for in Chapter 4, Section B, paragraph 13, of Annex VII.
2. Productivity
An overall productivity comparable with that attained by the EU steel industry shall be achieved gradually by 31 December 2008. This shall be verified in the independent evaluation carried out annually between 2005 and 2009, as provided for in Chapter 4, Section B, paragraph 13, of Annex VII.
3. Cost reductions
Particular importance shall be attached to cost reductions as one of the key elements of viability. These shall be fully implemented, in accordance with the business plans of the benefiting companies.
PART IV
INDICATIVE LIST OF INFORMATION REQUIREMENTS
1. Production and market effects
|
— |
monthly production of crude steel, semi-finished and finished products by category as well as by product range, |
|
— |
products sold, including volumes, prices and markets; breakdown by product range. |
2. Investments
|
— |
details of investments realised, |
|
— |
date of completion, |
|
— |
the costs of the investment, the sources of finance and the sum of any related aid involved, |
|
— |
the date of aid payment if any. |
3. Workforce reductions
|
— |
number and timing of job losses, |
|
— |
evolution in employment at beneficiary companies (distinguishing between direct and indirect employment), |
|
— |
evolution of employment in the national steel sector. |
4. Capacity (with regard to the entire steel sector in Romania)
|
— |
date or expected date of cessation of production of capacities expressed in MPP (MPP being the maximum possible annual production that can be obtained in ordinary working conditions) to be closed, and description of these, |
|
— |
date (or expected date) of dismantling, as defined in Commission Decision No 3010/91/ECSC on the information to be furnished by steel undertakings about their investments (2), of the installation concerned and details of the dismantling, |
|
— |
date (or expected date) of introduction of new capacities and description of these, |
|
— |
evolution in total capacity in Romania of crude steel and finished products per category. |
5. Cost
|
— |
breakdown of costs and their respective evolution in the past and in the future, in particular for workforce cost saving, energy consumption, raw material cost saving, accessories and external services reduction. |
6. Financial performance
|
— |
evolution of selected key financial ratios to ensure progress is being made towards viability (the financial results and ratios must be provided in a way which allows comparisons with the company's financial restructuring plan and must include the Commission's viability test), |
|
— |
details of taxes and duties paid including information on any deviations from normally applicable fiscal and customs rules, |
|
— |
level of financial charges, |
|
— |
details and timing of the paying out of aid already granted in accordance with the terms of the Protocol, |
|
— |
terms and conditions of any new loans (irrespective of source). |
7. Creation of a new company or new plants incorporating capacity extensions
|
— |
identity of each private and public sector participant, |
|
— |
sources of their financing for the creation of the new company or new plants, |
|
— |
terms and conditions of the private and the public shareholders' participation, |
|
— |
management structure of the new company. |
8. Ownership changes.
(1) Capacity reductions shall be permanent as defined in Commission Decision No 3010/91/ECSC of 15 October 1991 (OJ L 286, 16.10.1991, p. 20).
Appendix B to Annex VII
List of meat, poultry meat and milk and milk products establishments referred to in Chapter 5, Section B, Subsection I, of Annex VII
Meat establishments
|
No |
Vet. No |
Name of establishment |
Site of premises concerned |
|
1 |
5806/2000 |
Comb Agroind Curtici |
Str. Revoluţiei, nr.33, Curtici, jud. Arad |
|
2 |
5065/2000 |
S.C. RB Prod S.R.L. |
Str. Constituţiei, Arad, jud. Arad |
|
3 |
101/2000 |
S.C. Cominca S.A. |
Str. Octavian Goga, nr. 4, Oradea, jud. Bihor |
|
4 |
102/1999 |
S.C. Prodaliment S.A. |
Str. Republicii, nr. 101, Salonta, jud. Bihor |
|
5 |
115/1996 |
S.C. Ferm Com Prod S.R.L. |
Căldărăşti, jud. Buzău |
|
6 |
1446/2002 |
S.C. Izocon MC S.A. |
Cuza Vodă, jud. Călăraşi |
|
7 |
19/2002 |
S.C. Carnob S.R.L. |
Str. Lebedelor, nr. 1, Lumina, jud. Constanţa |
|
8 |
154/1999 |
S.C. Casalco S.A. |
Str. Jókai Mór, nr. 9-11, Sf. Gheorghe, jud. Covasna |
|
9 |
312/1999 |
S.C. Olas Prod S.R.L. |
Str. N. Romanescu, nr. 28, Craiova, jud. Dolj |
|
10 |
58/2001 |
S.C. Elan Trident S.R.L. |
Str. Rákóczi, Miercurea Ciuc, jud. Harghita |
|
11 |
143/1999 |
S.C. Lorialba Prest S.R.L. |
Str. Crişul Alb, nr. 1, Brad, jud. Hunedoara |
|
12 |
4585/2002 |
S.C. Agro Prod Com Dosa S.R.L. |
Str. Principală, nr. 79, Chibed, jud. Mureş |
|
13 |
2585/2000 |
S.C. Cazadela S.R.L. |
Str. Oltului, nr. 34, Reghin, jud. Mureş |
|
14 |
4048/2000 |
S.C. Coniflor S.R.L. |
Str. Petru Maior, Gurghiu, jud. Mureş |
|
15 |
422/1999 |
S.C. Prodprosper S.R.L. |
Str. Dumbravei, nr. 18, Dumbrava Roşie, jud. Neamţ |
|
16 |
549/1999 |
S.C. Tce 3 Brazi S.R.L. |
Zăneşti, jud. Neamţ |
|
17 |
24/2000 |
S.C. Spar S.R.L. |
Str. Gării, nr. 10, Potcoava, jud. Olt |
|
18 |
2076/2002 |
S.C. Simona S.R.L. |
Str. Popa Şapcă, nr. 105, Balş, jud. Olt |
|
19 |
86/2002 |
S.C. Universal S.R.L. |
Crişeni, jud. Sălaj |
|
20 |
5661/2002 |
S.C. Harald S.R.L. |
Str. Mânăstirea Humorului, nr. 76A, jud. Suceava |
|
21 |
6066/2002 |
S.C. Raitar S.R.L. |
Cornu Luncii, jud. Suceava |
|
22 |
5819/2002 |
S.C. Mara Alex S.R.L. |
Milişăuţi, jud. Suceava |
|
23 |
93/2003 |
S.C. Mara Prod Com S.R.L. |
Str. Abatorului, nr. 1 bis, Alexandria, jud. Teleorman |
|
24 |
1/2000 |
S.C. Diana S.R.L. |
Bujoreni, jud. Vâlcea |
|
25 |
6/1999 |
S.C. Diana Prod S.R.L. |
Vlădeşti, jud. Vâlcea |
Poultry Meat establishments
|
No |
Vet. No |
Name of establishment |
Site of premises concerned |
|
1 |
2951/2000 |
S.C. Agronutrisco Impex S.R.L. |
Str. Abatorului, nr. 2A, Mihăileşti, jud. Giurgiu |
|
2 |
3896/2002 |
S.C. Oprea Avicom S.R.L. |
Str. Dealul Viilor, nr. 5, Crăieşti, jud. Mureş |
Milk and Milk Products establishments
|
No |
Vet. No |
Name of establishment |
Site of premises concerned |
|
1 |
999/2000 |
S.C. Alba Lact S.A. |
Str. Muncii, nr. 4, Alba Iulia, jud. Alba |
|
2 |
5158/8.11.2002 |
S.C. Biolact Bihor S.R.L. |
Paleu, jud. Bihor |
|
3 |
2100/8.11.2001 |
S.C. Bendearcris S.R.L. |
Miceştii de Câmpie, nr. 202A, jud. Bistriţa-Năsăud |
|
4 |
2145/5.3.2002 |
S.C. Lech Lacto S.R.L. |
Lechinţa, nr. 387, jud. Bistriţa-Năsăud |
|
5 |
395/18.6.2001 |
S.C. Lacto Solomonescu S.R.L. |
Miron Costin, Vlăsineşti, jud. Botoşani |
|
6 |
115/1.2.2002 |
S.C. Comintex S.R.L. Darabani |
Darabani, jud. Botoşani |
|
7 |
A343827/ 30.8.2002 |
S.C. Prodlacta S.A. |
Str. Gării, nr. 403, Homorod, jud. Braşov |
|
8 |
258/10.4.2000 |
S.C. Binco Lact S.R.L. |
Săcele, jud. Constanţa |
|
9 |
12203/25.9.2003 |
S.C. Lacto Genimico S.R.L. |
Str. Căşăriei nr. 2A, Hârşova, jud. Constanţa |
|
10 |
2721/28.8.2001 |
S.C. Industrializarea Laptelui S.A. |
B-dul Independenţei, nr. 23, Târgovişte, jud. Dâmboviţa |
|
11 |
4136/10.6.2002 |
S.C. Galmopan S.A. |
B-dul G. Coşbuc, nr. 257, Galaţi, jud. Galaţi |
|
12 |
5/7.5.1999 |
S.C. Sandralact S.R.L. |
Şos. Bucureşti-Giurgiu, km. 23, jud. Giurgiu |
|
13 |
213/1996 |
S.C. Paulact S.R.L. |
Str. Principală, nr. 28, Sânpaul, jud. Harghita |
|
14 |
625/21.11.1996 |
S.C. Lactis S.R.L. |
Str. Beclean, nr. 31, Odorheiu Secuiesc, jud. Harghita |
|
15 |
913/17.3.2000 |
S.C. Lactex — Reghin S.R.L. |
Jabeniţa, nr. 33, jud. Mureş |
|
16 |
207/21.4.1999 |
S.C. Midatod S.R.L. |
Ibăneşti, nr. 273, jud. Mureş |
|
17 |
391/23.4.1999 |
S.C. Kubo Ice Cream Company S.R.L. |
Str. Dumbravei, nr. 5, Piatra Neamţ, jud. Neamţ |
|
18 |
1055/10.7.2000 |
S.C. Oltina S.A. |
Str. A. I. Cuza, nr. 152, Slatina, jud. Olt |
|
19 |
282/1999 |
S.C. Calion S.R.L. |
Str. Gheorghe Doja, nr. 39, Jibou, jud. Sălaj |
|
20 |
1562/27.12.1999 5750/23.5.2002 |
S.C. Bucovina S.A. Suceava |
Str.Humorului, nr.4, Suceava, jud. Suceava |
|
21 |
1085/26.5.1999 |
S.C. Bucovina S.A. Falticeni |
Str. Izvor, nr.5, Falticeni, jud. Suceava |
|
22 |
5614/20.4.2002 |
S.C. Coza Rux S.R.L. |
Str. Burdujeni, nr.11 A, Suceava, jud. Suceava |
|
23 |
1659/27.3.2003 |
S.C. Ecolact S.R.L. |
Milisauti, jud. Suceava |
|
24 |
1205/5.10.1999 |
S.C. Pro Putna S.R.L. |
Putna, jud. Suceava |
|
25 |
5325/13.2.2002 |
S.C. Cetina Prod Lact S.R.L. |
Neagra Sarului, Saru Dornei, jud. Suceava |
|
26 |
5245/6.11.2001 |
S.C. Simultan S.R.L. |
Ortisoara, jud. Timis |
|
27 |
2459/21.8.2002 |
S.C. Zan S.R.L. |
Str. Celulozei, nr. 5, Zarnesti, jud. Brasov |
ANNEX VIII
Rural development (referred to in Article 34 of the Protocol)
SECTION I
TEMPORARY ADDITIONAL RURAL DEVELOPMENT MEASURES FOR BULGARIA AND ROMANIA
A. Support for semi‐subsistence farms undergoing restructuring
|
(1) |
Support for semi‐subsistence farms undergoing restructuring shall contribute to the following objectives:
For the purpose of this Annex, ‘semi‐subsistence farms’ shall mean farms which primarily produce for their own consumption, but also market a proportion of their output. |
|
(2) |
To benefit from the support, the farmer must present a business plan which:
|
|
(3) |
Compliance with the business plan referred to in point (2) shall be reviewed after three years. If the interim objectives set out in the plan have not been achieved by the time of the three‐year review, no further support shall be granted but there will be no requirement on these grounds to repay monies already received. |
|
(4) |
Support shall be paid annually in the form of a flat-rate aid up to the maximum eligible amount specified in Section I G and for a period not exceeding five years. |
B. Producer groups
|
(1) |
Flat‐rate support shall be granted in order to facilitate the establishment and administrative operation of producer groups which have as their objectives:
|
|
(2) |
The support shall be granted only to producer groups which are formally recognised by the competent authorities of Bulgaria or Romania between the date of accession and 31 December 2009 on the basis of either national or Community law. |
|
(3) |
The support shall be granted in annual instalments for the first five years following the date on which the producer group was recognised. It shall be calculated on the basis of the group's annual marketed production and shall not exceed:
In any case, support shall not exceed the maximum eligible amounts laid down in Section I G. |
C. Leader + type measures
|
(1) |
Support may be granted for measures which are related to the acquisition of skills intended to prepare rural communities to conceive and implement local rural development strategies. These measures may include in particular:
|
|
(2) |
Support may be granted for the adoption of integrated territorial rural development strategies, of a pilot nature, prepared by local action groups in accordance with the principles laid down in items 12, 14 and 36 of the Commission Notice to the Member States of 14 April 2000 laying down guidelines for the Community initiative for rural development (Leader+) (1). This support shall be limited to regions where there is already sufficient administrative capacity and experience of local rural development type approaches. |
|
(3) |
The local action groups referred to in point (2) may be eligible to participate in inter-territorial and transnational cooperation actions in accordance with the principles laid down in items 15 to 18 of the Commission Notice referred to in point (2). |
|
(4) |
Bulgaria and Romania and local action groups shall be given access to the Observatory of rural areas provided for in item 23 of the Commission Notice referred to in point (2). |
D. Farm advisory and extension services
Support shall be granted for the provision of farm advisory and extension services.
E. Complements to direct payments
|
(1) |
Support may be granted to farmers eligible for complementary national direct payments or aids under Article 143c of Regulation (EC) No 1782/2003 (2). |
|
(2) |
The support granted to a farmer in respect of the years 2007, 2008, 2009 shall not exceed the difference between:
|
|
(3) |
The Community contribution to support granted under this subsection E in Bulgaria or Romania in respect of each of the years 2007, 2008, and 2009 shall not exceed 20 % of its respective annual allocation. However Bulgaria or Romania may decide to replace this 20 % annual rate with the following rates: 25 % for 2007, 20 % for 2008 and 15 % for 2009. |
|
(4) |
Support granted to a farmer under this subsection E shall be counted as complementary national direct payments or aids, as applicable, for the purposes of applying the maximum levels set out in Article 143c(2a) of Regulation (EC) No 1782/2003. |
F. Technical assistance
|
(1) |
Support may be granted for the preparation, monitoring, evaluation and control measures which are necessary for the implementation of the rural development programming documents. |
|
(2) |
The measures referred to in point (1) shall include in particular:
|
G. Table of amounts for the temporary additional rural development measures for Bulgaria and Romania
|
Measure |
EUR |
|
|
Semi‐subsistence farms |
1 000 |
per farm/per year |
|
Producer groups |
100 000 |
For the first year |
|
|
100 000 |
For the second year |
|
|
80 000 |
For the third year |
|
|
60 000 |
For the fourth year |
|
|
50 000 |
For the fifth year |
SECTION II
SPECIFIC PROVISIONS CONCERNING INVESTMENT SUPPORT FOR BULGARIA AND ROMANIA
|
(1) |
Investment support to agricultural holdings under the regulations concerning rural development in force on the date of accession shall be granted to agricultural holdings for which economic viability at the end of the realisation of the investment can be demonstrated. |
|
(2) |
The total amount of support for investment in agricultural holdings, expressed as a percentage of the volume of eligible investment, shall be limited to a maximum of either 50 % and, in less‐favoured areas, 60 %, or the percentages established in the relevant rural development regulation in force on the date of accession, whichever is the higher. Where investments are undertaken by young farmers, as defined by the relevant rural development regulation in force on the date of accession, these percentages may reach a maximum of either 55 % and, in less‐favoured areas, 65 %, or the percentages established in the relevant rural development regulation in force on the date of accession, whichever is the higher. |
|
(3) |
Support for investment to improve the processing and marketing of agricultural products under the relevant rural development regulation in force on the date of accession shall be granted to enterprises which have been granted a transitional period after accession in order to meet the minimum standards regarding the environment, hygiene and animal welfare. In this case, the enterprise shall comply with the relevant standards by the end of the specified transitional period or the end of the investment period, whichever is the earlier. |
SECTION III
SPECIFIC PROVISION CONCERNING EARLY RETIREMENT SUPPORT FOR BULGARIA
|
(1) |
Farmers in Bulgaria who have been allocated a milk quota shall be eligible for the early retirement scheme on condition that they are less than 70 years old at the time of the transfer. |
|
(2) |
The amount of support shall be subject to the maximum amounts set out in the relevant rural development regulation in force on the date of accession and shall be calculated in relation to the size of the milk quota and the total farming activity on the holding. |
|
(3) |
Milk quotas allocated to a transferor shall be returned to the national milk quota reserve with no additional compensation payment. |
SECTION IV
SPECIFIC FINANCIAL PROVISIONS FOR BULGARIA AND ROMANIA FOR 2007-2013
|
(1) |
For the programming period 2007‐2013, Community support granted in Bulgaria and Romania for all rural development measures shall be implemented pursuant to the principles laid down in Articles 31 and 32 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (3). |
|
(2) |
In the areas covered by Objective 1, the financial contribution of the Community may amount to either 85 % for agri‐environment and animal welfare measures, and 80 % for other measures, or the percentages established in the regulations concerning rural development in force on the date of accession, whichever is the higher. |
(1) OJ C 139, 18.5.2000, p. 5.
(2) Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ L 270, 21.10.2003, p. 1). Regulation adapted by Council Decision 2004/281/EC (OJ L 93, 30.3.2004, p. 1) and Regulation as last amended by Regulation (EC) No 864/2004 (OJ L 161, 30.4.2004, p. 48).
(3) OJ L 161, 26.6.1999, p. 1. Regulation as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 33).
ANNEX IX
Specific commitments undertaken, and requirements accepted, by Romania at the conclusion of the accession negotiations on 14 December 2004 (referred to in Article 39 of the Protocol)
I. In relation to Article 39(2)
|
(1) |
To implement without further delay the Schengen Action Plan, as published in M.Of., p. I, nr. 129 bis/10.II.2005, amended in line with the acquis and in accordance with the deadlines agreed upon. |
|
(2) |
In order to ensure a high level of control and surveillance at the future external borders of the Union, to speed up considerably efforts in terms of modernising equipment and infrastructure at the green border, blue border and at border crossing points, and to further enhance the capacity of operational risk analysis. This must be reflected in one single multi-annual investment plan to be tabled no later than March 2005, which must allow the Union to measure progress on a yearly basis and until the decision referred to in Article 4(2) of the Protocol is taken in respect of Romania. In addition, Romania must considerably step up its plans to recruit 4 438 border police agents and officers and in particular ensure that a staffing level as close as possible to 100 % is reached along the borders with Ukraine, Moldova and at the Black Sea coast already upon accession. Romania must also implement all necessary measures to effectively combat illegal immigration, including strengthening cooperation with third countries. |
|
(3) |
To develop and implement an updated and integrated Action Plan and Strategy for the Reform of the Judiciary including the main measures for implementing the Law on the Organisation of the Judiciary, the Law on the Status of Magistrates and the Law on the Superior Council of Magistracy which entered into force on 30 September 2004. Both updated documents must be submitted to the Union no later than March 2005; adequate financial and human resources for the implementation of the Action Plan must be ensured and it must be implemented without further delay and according to the time schedule set. Romania must also demonstrate by March 2005 the full operationability of the new system for random distribution of cases. |
|
(4) |
To considerably step up the fight against corruption and in particular against high-level corruption by ensuring a rigorous enforcement of the anti-corruption legislation and the effective independence of the National Anti-Corruption Prosecutors' Office (NAPO) and by submitting on a yearly basis as of November 2005 a convincing track-record of the activities of NAPO in the fight against high-level corruption. NAPO must be given the staff, financial and training resources, as well as equipment necessary for it to fulfil its vital function. |
|
(5) |
To conduct an independent audit of the results and the impact the current National Anti‐Corruption Strategy has generated; to reflect the conclusions and recommendations of this audit in the new multi-annual anti-corruption strategy which must be one comprehensive document, in place no later than March 2005, accompanied by an action plan with clearly defined benchmarks to be reached and results to be obtained, as well as adequate budgetary provisions; the implementation of the Strategy and Action Plan must be overseen by one existing, clearly defined, independent body; the strategy must include the commitment to revise the protracted criminal procedure by the end of 2005 to ensure that corruption cases are dealt with in a swift and transparent manner, in order to guarantee adequate sanctions that have a deterrent effect; finally, it must contain steps to considerably reduce the number of bodies which all have powers to prevent or investigate corruption by the end of 2005, so that overlapping responsibilities are avoided. |
|
(6) |
To ensure by March 2005 a clear legal framework for the respective tasks of, and cooperation between, gendarmerie and police including as far as implementing legislation is concerned, and to develop and implement a clear recruitment plan by the middle of 2005 for both institutions with the aim of having made considerable progress in filling the 7 000 vacancies in the police and the 18 000 vacancies in the gendarmerie by the date of accession. |
|
(7) |
To develop and implement a coherent multi-annual anti-crime strategy including concrete actions to curb Romania's status as a country of origin, transit and destination of victims of trafficking and to submit on a yearly basis and as of March 2005 reliable statistics on the way this crime phenomenon is being tackled. |
II. In relation to Article 39(3)
|
(8) |
To ensure effective control by the Competition Council of any potential State aid, including in relation to State aid foreseen by means of deferrals of payments to the State budget of fiscal or social liabilities or deferrals of liabilities related to energy supply. |
|
(9) |
To strengthen the State aid enforcement record without delay and to ensure a satisfactory enforcement record in the areas of both anti-trust and State aid thereafter. |
|
(10) |
To submit to the Commission by mid-December 2004 a revised steel restructuring plan (including the National Restructuring Programme and the Individual Business Plans) in line with the requirements set out in Protocol 2 on ECSC products 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 (1), as well as with the conditions set out in Annex VII, Chapter 4, Section B, to the Protocol. To fully respect the commitment not to grant or pay any State aid to the steel mills covered by the National Restructuring Strategy from 1 January 2005 to 31 December 2008 and to fully respect the State aid amounts and the conditions regarding capacity reductions to be decided in the context of Protocol 2 on ECSC products 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. |
|
(11) |
To continue devoting adequate financial means and sufficient and adequately qualified human resources to the Competition Council. |
(1) OJ L 357, 31.12.1994, p. 2. Agreement as last amended by Decision No 2/2003 of the EU/Romania Association Council of 25.9.2003 (not yet published in the Official Journal).
