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Decree No. 2007-90 Of 22 January 2007 On The Publication Of The Treaty Between The Kingdom Of Belgium, The Kingdom Of Denmark, The Federal Republic Of Germany, The Republic Of Estonia, The Hellenic Republic, The Kingdom Of Spain, The Republi...

Original Language Title: Décret n° 2007-90 du 22 janvier 2007 portant publication du traité entre le Royaume de Belgique, le Royaume de Danemark, la République fédérale d'Allemagne, la République d'Estonie, la République hellénique, le Royaume d'Espagne, la Républi...

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FOREIGN AFFAIRS , INTERNATIONAL AGREEMENT , AUTHORIZATION , RATIFICATION , ADHESION , ACT OF ADHESION , EUROPEAN UNION , UE , BULGARIE , ROUMANIA


JORF No. 22 of 26 January 2007 Page 1490
Text N ° 6


DECRET
Decree n ° 2007-90 of 22 January 2007 on the publication of the Treaty between the Kingdom of Belgium, 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, the United Kingdom of Great Britain and Northern Ireland, the Czech Republic (Member States of the European Union) and the Republic of Bulgaria and Romania concerning the accession of the Republic of Bulgaria and Romania to the European Union, signed in Luxembourg on 25 April 2005

NOR: MAEJ0730002D ELI: http://www.legifrance.gouv.fr/eli/decret/2007/1/22/MAEJ0730002D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2007/1/22/2007-90/jo/texte


The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given the Law No. 2006-1254 of 13 October 2006 authorising the ratification of the Treaty on the accession of the Republic of Bulgaria and Romania to the European Union;
Having regard to the amended Decree No. 53-192 of 14 March 1953 on ratification and publication International commitments undertaken by France,
Describes:

Article 1


The Treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Republic 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, the United Kingdom of The Czech Republic (Member States of the European Union) and the Republic of Bulgaria and Romania, concerning the accession of the Republic of Bulgaria and Romania to the European Union, signed in Luxembourg on April 25, 2005, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister of Business Shall each be responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Article Annex


T R A I T E


BETWEEN THE KINGDOM OF BELGIUM, THE CZECH REPUBLIC, THE KINGDOM OF DENMARK, THE FEDERAL REPUBLIC OF GERMANY, THE REPUBLIC OF ESTONIA, THE HELLENIC REPUBLIC, THE UNITED KINGDOM THE FRENCH REPUBLIC, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIA, THE REPUBLIC OF LITHUANIA, THE GRAND DUCHY OF LUXEMBOURG, THE REPUBLIC OF HONG KONG, THE REPUBLIC OF MALTA, THE KINGDOM OF THE COUNTRIES-LOW, THE REPUBLIC OF AUTRICHE, THE REPUBLIC OF POLOGNE, THE PORTUGUESE REPUBLIC, THE REPUBLIC OF SLOVENIA, THE SLOVAK REPUBLIC, THE FINLAND REPUBLIC, THE KINGDOM OF SWEDES, THE UNITED KINGDOM OF NORTHERN IRELAND AND NORTHERN IRELAND MEMBERS OF THE EUROPEAN UNION) AND THE REPUBLIC OF BULGARIA AND ROMANIA, THE ACCESSION OF THE REPUBLIC OF BULGARIA AND ROMANIA TO THE EUROPEAN UNION


TABLE OF CONTENTS


A. -Treaty between 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 Republic of Portuguese, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Republic of Bulgaria and Romania, On the accession of the Republic of Bulgaria and Romania to the European Union.
B.-Protocol on the conditions and procedures for the admission of the Republic of Bulgaria and Romania to the European Union.


You can view the table in OJ
No 22 of 26/01/2007 text number 6



A N N E X E S


You can view the table in OJ
No 22 of the 26/01/2007 text number 6



C.-An Act concerning the conditions of accession to the European Union of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded.


You can view the table in OJ
No 22 of 26/01/2007 text number 6



A N N E X E S


You can view the table in the OJ
n ° 22 of 26/01/2007 text number 6



FINAL ACT


I. -Text of the final act.
II. -Statements.
A. -Joint declarations by the current member states.
1. Joint Declaration on the free movement of workers: Bulgaria.
2. Joint declaration on pulse crops: Bulgaria.
3. Joint Declaration on the free movement of workers: Romania.
4. Joint Declaration on rural development: Bulgaria and Romania.
B.-Joint statement by the current Member States and the
. Joint statement on the preparation of Bulgaria and Romania for accession.
C.-Joint statement by various current member states.
6. Joint Declaration by the Federal Republic of Germany and the Republic of Austria on the free movement of workers: Bulgaria and Romania.
D. Declaration of the Republic of Bulgaria.
7. Declaration by the Republic of Bulgaria on the use of the Cyrillic alphabet in the European
. -Exchange of letters between the European Union and the Republic of Bulgaria and Romania concerning an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the preceding period
Her Majesty the King of the Belgians,
The Republic of Bulgaria,
The President of the Czech Republic,
Her Majesty the Queen of Denmark,
The President of the Federal Republic of Germany,
The President of the Republic From Estonia,
The President of the Hellenic Republic,
His Majesty the King of Spain,
The President of the French Republic,
The President of Ireland,
The President of the Italian Republic,
The President of the Republic of Ireland Cyprus,
The President of the Republic of Latvia,
President of the Republic of Lithuania,
Her Royal Highness the Grand Duke of Luxembourg,
The President of the Republic of Hungary,
The President of Malta,
Her Majesty the Queen of the Netherlands,
Federal President of the Republic of Austria,
President of the Republic of Poland,
The President of the Portuguese Republic,
The President of Romania,
The President of the Republic of Slovenia,
The President of the Slovak Republic,
The President of the Republic of Finland,
The Government of the Kingdom of Sweden,
Her Majesty the Queen in the United Kingdom of Great Britain and Northern Ireland, the United
of the United Kingdom of Great Britain and Northern Ireland. Achievement of the objectives of the European Union,
Decided to continue the process of establishing, on the basis already established, an ever closer union among the peoples of Europe,
Considering that Article I-58 of the Treaty Establishing a Constitution for Europe, such as Article 49 of the Treaty on European Union, gives European states the opportunity to become members of the Union,
Considering that the Republic of Bulgaria and Romania have requested to become members Member of the Union,
Considering that the Council, having obtained the opinion of the Commission and the assent of the European Parliament, voted in favour of the admission of these states,
Considering that, at the time of signature of this Treaty, The Treaty establishing a Constitution for Europe was signed but not yet ratified by all the Member States of the Union and that the Republic of Bulgaria and Romania will join the European Union as it exists on 1 January 2007,
Have agreed on the terms and conditions of this admission and have appointed to this effect as Plenipotentiaries:
His Majesty the King of the Belgians,


Karel de Gucht
Minister of Foreign Affairs
Didier Donwas
Secretary of State for European Affairs,
Assistant to the Minister for Foreign Affairs


The Republic of Bulgaria,


Georgi Parvanov
President
Simeon Saxe-Cobourg
Premier Minister
Solomon Passy
Minister for Foreign Affairs
Meglena Kuneva
Minister for European Affairs


The President of the Czech Republic,


Vladímir Müller
Deputy Minister European Affairs Officer
Jan Kohout
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of the Czech Republic
to the European Union


Her Majesty the Queen of Denmark,


Friis Arne Petersen
Permanent State Secretary
Claus Grube
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of the Kingdom of Denmark to
European Union


The President of the Federal Republic of Germany,


Hans Martin Bury
Minister for European Affairs
Wilhelm Schönfelder
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of the Republic of Germany Federal Republic of Germany
with the European Union


President of the Republic of Estonia,


Urmas Paet
Minister for Foreign Affairs
Väino Reinart
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of the Republic of Estonia
to the European Union


President of the Hellenic Republic,


Yannis Valinakis
Minister Assistant Foreign Affairs
Vassilis Kaskarelis
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of the Hellenic Republic
to the European Union


Her Majesty the King of Spain,


Miguel Angel Moratinos Cuyaubé
Minister for Foreign Affairs
and Cooperation
Alberto Navarro Gonzalez
Secretary of State for the European Union


The President of the Republic French,


Claudie Haigneré
Minister Delegate for European Affairs
to the Minister of Foreign Affairs
Pierre Sellal
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of the French Republic
with the European Union


The President of Ireland,


Dermot Ahern
Minister for Foreign Affairs
Noel Treacy
Deputy Minister ("Minister of State"),
loaded European Affairs


The President of the Italian Republic,


Roberto Antonione
Secretary of State for Foreign Affairs
Rocco Antonio Cangelosi
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of the Italian Republic
to the European Union


The President of the Republic of Cyprus,


George Iacovou
Minister of Business Foreign
Nicholas Emiliou
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of the Republic of Cyprus to
European Union


The President of the Republic of Latvia,


Artis Pabriks
Minister for Foreign Affairs
Eduards Stiprais
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of the Republic of Latvia
to the European Union


The President of the Republic of Lithuania,


Antanas Valionis
Minister for Foreign Affairs
Albinas Januska
Under-Secretary at the Ministry of Foreign Affairs



His Highness Royal Grand Duke of Luxembourg,


Jean-Claude Juncker
Prime Minister, Minister of State,
Minister of Finance
Jean Asselborn
Deputy Prime Minister,
Minister of Foreign Affairs and Immigration


The President of the Republic of Hungary,


Dr. Ferenc Somogyi
Minister for Foreign Affairs
Dr. Etele Barath
Minister without Portfolio,
in charge of European Affairs


The President of Malta,


The Hon Michael Frendo
Minister of Foreign Affairs
Richard Cachia Caruana
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of Malta
to the European Union


Her Majesty the Queen in the Netherlands,


Dr. B.R. Bot
Minister for Foreign Affairs
Atzo Nicolaï
Minister for European Affairs


Federal President of the Republic of Austria,


Hubert Gorbach
Vice Chancellor
Dr. Ursula Plassnik
Federal Minister for Foreign Affairs


The President of the Republic of Austria Poland,


Adam Daniel Rotfeld
Minister for Foreign Affairs
Jaroslaw Pietras
Secretary of State for European Affairs


President of the Portuguese Republic,


Diogo Pinto de Freitas do Amaral
Minister of State and Foreign Affairs
Fernando Manuel de Mendonça d' Oliveira Neves
Secretary of State for European Affairs


The President of Romania,


Traian Basescu
President
Calin Popescu-Tariceanu
Prime Minister
Mihai-Razvan Ungureanu
Minister for Foreign Affairs
Leonard Orban
Senior Negotiator with
European Union


President of the Republic of Slovenia,


Bozo Cerar
Secretary of State at the Ministry of Foreign Affairs


The President of the Slovak Republic,


Eduard Kukan
Minister for Foreign Affairs
Jozsef Berényi
Secretary of State of the Ministry of Foreign Affairs


President of the Republic of Finland,


Eikka Kosonen
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of the Republic of Finland to
European Union,


The Government of the Kingdom of Sweden,


Laila Freivalds
Minister of Foreign Affairs
Sven-Olof Petersson
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of the Kingdom of Sweden
to the European Union


Her Majesty the Queen in United Kingdom of Great Britain and Northern Ireland,


Sir John Grant KCMG
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of United Kingdom of Great Britain and
Ireland to The European Union,


Lessee, after having exchanged their full powers recognized in good and due form,
Have agreed as follows:


Article 1


1. The Republic of Bulgaria and Romania become members of the European
. The Republic of Bulgaria and Romania become parties to the Treaty establishing a Constitution for Europe and the Treaty establishing the European Atomic Energy Community, as amended or supplemented.
3. The terms and conditions of admission are set out in the Protocol annexed to this Treaty. The provisions of this Protocol shall form an integral part of this
. The Protocol, including its annexes and appendices, is annexed to the Treaty establishing a Constitution for Europe and the Treaty establishing the European Atomic Energy Community and its provisions are an integral part of these treaties.


Article 2


1. In the event that the Treaty establishing a Constitution for Europe is not in force on the date of accession, the Republic of Bulgaria and Romania become parties to the Treaties on which the Union is founded, as amended or In
case Article 1 (2) to (4) shall apply from the date of entry into force of the Treaty establishing a Constitution for Europe.
2. The conditions for admission and the adjustments to the Treaties on which the European Union is based, which it entails and which will apply from the date of accession up to the date of entry into force of the Treaty establishing a Constitution For Europe, appear in the Act annexed to this Treaty. The provisions of this Act shall form an integral part of this
. In the event that the Treaty establishing a Constitution for Europe enters into force after accession, the Protocol referred to in Article 1 (3) shall replace the act referred to in Article 2 (2) on the date of entry into force of that Treaty. In that case, the provisions of the Protocol shall not be deemed to have any new legal effects but to maintain, under the conditions laid down in the Treaty establishing a Constitution for Europe, the Treaty establishing the Community The legal effects which have already been produced by the provisions of the act referred to in Article 2 (2).
The acts adopted before the entry into force of the Protocol referred to in Article 1, Paragraph 3, on the basis of this Treaty or the act referred to in paragraph 2 shall remain in force and their legal effects shall be maintained until such acts are amended or repealed.


Article 3


The provisions concerning the rights and obligations of the Member States and the powers and powers of the institutions of the Union as set out in the Treaties to which the Republic of Bulgaria and Romania become parties Apply to this Treaty.


Article 4


1. This Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. Instruments of ratification shall be deposited with the Government of the Italian Republic no later than 31 December 2006.
2. This Treaty shall enter into force on 1 January 2007, provided that all instruments of ratification have been deposited before that date.
If, however, a State referred to in Article 1 (1) has not deposited its instruments in due time Of ratification, this Treaty shall enter into force for the other State having made that deposit. In that case, the Council, acting unanimously, shall immediately decide on adaptations, which have become so indispensable, of this Treaty, Article 10, Article 11 (2), Article 12, Article 21 (1), Article 22, 31, 34 and 46, of Annex III, point 2.1 (b), points 2.2 and 2.3, and Annex IV, section B, of the Protocol referred to in Article 1 (3) and, as appropriate, Articles 9 to 11, Article 14 (3), Article 15, Article 24, Paragraph 1, Articles 31, 34, 46 and 47 of Annex III, point 2.1 (b), points 2.2 and 2.3, and Annex IV, section B, of the act referred to in Article 2 (2); it may also, acting unanimously, declare lapses or adapt The said Protocol, including its annexes and appendices, and, as the case may be, those of the said Act, including its annexes and appendices, which refer specifically to a State which has not deposited its instruments of ratification
Notwithstanding the deposit of all necessary instruments of ratification in accordance with paragraph 1, this Treaty shall enter into force on 1 January 2008 if the Council adopts a decision on the two acceding States under Article 39 of the Protocol referred to in Article 1 (3) or Article 39 of the Act referred to in Article 2 (2) before the entry into force of the Treaty establishing a Constitution for Europe
This Treaty shall enter into force for that State on 1 January 2008.
3. By way of derogation from paragraph 2, the institutions of the Union may adopt, before accession, the measures referred to in Article 3 (6) of the second subparagraph of Article 6 (2), second subparagraph, paragraph 7, second subparagraph and third subparagraph The second subparagraph of subparagraphs 8 (8) and (9), third subparagraph, Articles 17, 19 and 27 (1) and (4), Article 28 (4) and (5), Article 29 (3), Article 31 (4), Article 32, Article 34 (3) and (4), Articles 37 and 38, Article 39 (4), Articles 41, 42, 55, 56 and 57, and Annexes IV to VIII to the Protocol referred to in Article 1 (3). Those measures shall be adopted under the equivalent provisions of Article 3 (6) of the second subparagraph of Article 6 (2), second subparagraph, second subparagraph, paragraph 7, second subparagraph, second subparagraph, paragraph 8, second subparagraph, and Article 27 (9), third subparagraph, Articles 20 and 22, Article 27 (1) and (4), Article 28 (4) and (5), Article 29, Article 30 (3), Article 31 (4), Article 32 (5) of the Article 34, paragraphs 3 and 4, Articles 37 and 38, Article 39 (4), Articles 41, 42, 55, 56 and 57, and Annexes IV to VIII to the Act referred to in Article 2 (2) before the entry into force of the Treaty establishing a Constitution These
shall enter into force only subject to and on the date of entry into force of this Treaty.


Article 5


The text of the Treaty establishing a Constitution for Europe, Written in the Bulgarian and Romanian languages shall be annexed to this Treaty. These texts are authentic in the same way as those of the Treaty establishing a Constitution for Europe drafted in the Danish, Danish, Spanish, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian and Lithuanian languages. Maltese, Dutch, Polish, Portuguese, Slovak, Slovenian, Swedish and Czech.
The Government of the Italian Republic provides the governments of the Republic of Bulgaria and Romania with a certified copy of the Treaty establishing A Constitution for Europe in all the languages referred to in the first paragraph.


Article 6


This Treaty, drawn up in a single copy, in the German, English, Bulgarian and Danish languages, Spanish, Estonian, Finnish, French, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, texts in each of these languages Shall be deposited in the archives of the Government of the Italian Republic, which shall submit a certified copy to each of the governments of the other signatory States.


P R O T O C O L E


ON THE CONDITIONS AND PROCEDURES FOR THE 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 Union European Parliament 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 are the subject of an agreement between the Member States and the candidate State ;
Have agreed on the following provisions, which are annexed to the Treaty establishing a Constitution for Europe and the Treaty establishing the European Atomic Energy Community:


Part One
Les
Article 1


1 principles. For the purposes of this
: Constitution ", the Treaty establishing a Constitution for Europe;
-" EAEC Treaty ', the Treaty establishing the European Atomic Energy Community, as supplemented or amended By treaties or other acts which entered into force before accession;
- " Current Member States ", the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Republic Greece, 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 Ireland North;
- " New member states ", the Republic of Bulgaria and Romania;
-" Institutions ", the institutions provided for in the
. In this Protocol, any reference to the Constitution or to the Union shall be deemed, where appropriate, to be a reference to the EAEC Treaty and to the Community established by the EAEC Treaty.


Article 2


Upon accession, the provisions of the Constitution, the EAEC Treaty and the acts adopted before accession by the institutions shall be binding on Bulgaria and Romania and shall apply in those States under the conditions laid down by the Constitution, the EAEC Treaty and 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
. Bulgaria and Romania are in the same situation as the current Member States with regard to declarations, resolutions or other positions taken by the European Council or the Council and with regard to those relating to the Union which are Adopted by common accord of the Member States; accordingly, they shall respect the principles and guidelines arising therefrom and shall take the measures which may be necessary to ensure its implementation.
3. Bulgaria and Romania accede to the conventions and protocols listed in Annex I. These conventions and protocols shall enter into force, with respect to Bulgaria and Romania, on the date fixed by the Council in the decisions referred to in the Paragraph 4.
4. The Council, acting unanimously on a recommendation from the Commission and after consulting the European Parliament, shall adopt European decisions making all the adaptations required for accession to the conventions and protocols referred to in paragraph 3 and publishes the adapted text in the Official Journal of the European
. With regard to the conventions and protocols referred to in paragraph 3, Bulgaria and Romania undertake to introduce administrative and other provisions similar to those adopted on the date of accession by the Member States And to facilitate practical cooperation between the institutions and organisations of the Member States.
6. The Council, acting unanimously on a proposal from the Commission, may adopt European decisions to supplement the list in Annex I with the conventions, agreements and protocols signed before the date of
. Among the specific instruments mentioned in this article are 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 within the framework of the European Union, and acts based on or relating thereto, listed in Annex II, as well as Any new acts of this nature taken before the date of accession are binding and apply in Bulgaria and Romania from the date of accession.
2. The provisions of the Schengen acquis which has been integrated within the framework of the European Union and acts based on or relating thereto and which are not referred to in paragraph 1, although they are binding on Bulgaria and As from the date of accession, Romania shall apply in each of these states only following a European decision by the Council to that effect, after it has been verified, in accordance with the relevant Schengen evaluation procedures, The conditions necessary for the application of all the parties concerned of the acquis are fulfilled in the State in question.
The Council, after consulting the European Parliament, shall act unanimously by its members representing the The governments of the Member States for which the provisions of this paragraph have already taken effect and of the representative of the Government of the Member State for which those provisions are to take effect. The members of the Council representing the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland shall take part in this decision in so far as it relates to the provisions of the Schengen acquis and to acts To which these Member States are party.


Article 5


Bulgaria and Romania shall participate in the 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. Agreements or agreements concluded or provisionally applied by the Union with one or more third States, an international organisation or a national of a third State shall be binding on Romania and Bulgaria under the conditions laid down in the The Constitution and this protocol.
2. Bulgaria and Romania undertake to accede, under the conditions laid down in this Protocol, to agreements or conventions concluded or signed by the Union and by the current Member States, acting jointly
Romania with agreements or conventions concluded or signed jointly by the Union and the current Member States, with certain third countries or international organisations, is approved by the conclusion of a protocol to these agreements or agreements between The Council, acting unanimously on behalf of the Member States, and the third country (s) 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 after consulting a committee composed of the representatives of the Member States. The Commission shall submit the draft protocols to the Council for their conclusion.
This procedure shall not affect the exercise by the Union of its own powers and shall not call into question the division of powers between the Commission and the Council. Member States with regard to the conclusion of such agreements in the future or any amendment unrelated to accession.
3. By acceding to the agreements and conventions referred to in paragraph 2, Bulgaria and Romania shall acquire the same rights and obligations under these agreements and conventions as the present Member
. 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 Member States Before accession, except as regards the agreement on the free movement of persons concluded with Switzerland. This obligation shall also apply to agreements or conventions which the Union and the current Member States have decided to apply provisionally.
Pending the entry into force of the protocols referred to in paragraph 2, the Union and the Member States, Acting jointly, where appropriate, within the framework of their respective jurisdictions, take all appropriate measures.
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.

(1) OJ L 317, 15.12.2000, p. 3.


6. Bulgaria and Romania undertake to become parties, to the conditions laid down in this Protocol, to the Agreement on the European Economic Area (1), in accordance with Article 128 of that Agreement.

(1) OJ L 1, 3.1.1994, p. 3.


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 to imports of Textiles and clothing products are adapted to take account of the accession of Bulgaria and Romania to the Union. To this end, amendments to the bilateral agreements and arrangements may be negotiated by the Union with the third countries concerned before the date of accession.
If the amendments to bilateral agreements and arrangements concerning the Textile products have not entered into force on the date of accession, the Union shall make the necessary adjustments to the rules which it applies to the import of textile and clothing products from third countries in order to take account of The accession of Bulgaria and
. The quantitative restrictions applied by the Union to imports of steel and steel products are adapted according to imports of steel products from the relevant supplier countries made by Bulgaria and Romania in recent years.
To this end, the necessary amendments to the bilateral agreements and arrangements concerning steel products concluded by the Union with third countries are negotiated before the date If
amendments to the agreements and arrangements have not entered into force on the date of accession, the provisions of the first subparagraph shall apply.
9. Agreements concluded before accession by Bulgaria or Romania with third countries in the field of fisheries are managed by the Union.
The rights and obligations arising from these agreements, for Bulgaria and Romania, are not During the period in which the provisions of those agreements remain provisionally applicable.
As soon as possible, and in any event before the expiry of the agreements referred to in the first subparagraph, the Council, on Commission proposal, shall adopt, on a case-by-case basis, appropriate European decisions providing for the continuation of fishing activities which are the subject of these agreements, including the possibility of extending certain agreements for a maximum period of one Year.
10. With effect from the date of accession, Bulgaria and Romania shall withdraw from any free trade agreement concluded with a third country, including the Central European Free Trade Agreement.
To the extent that agreements concluded between Bulgaria or the Romania or these two States, on the one hand, and one or more third countries, of the other part, are not compatible with the obligations arising from this Protocol, Bulgaria and Romania shall take all appropriate measures to eliminate the Incompatibilities established. If Bulgaria or Romania faces difficulties in adapting an agreement concluded with one or more third countries before accession, it withdraws from this agreement, in accordance with its provisions.
11. Bulgaria and Romania accede to the conditions laid down in this Protocol to the internal agreements concluded by the present Member States for the implementation of the agreements or conventions referred to in paragraphs 2, 5 and 6.
12. Bulgaria and Romania shall take the appropriate measures to adapt, where appropriate, their situation with regard to international organisations and international agreements, to which the Union or other Member States are also parties, to the Rights and obligations arising from their accession to the Union.
In particular, they withdraw, on the date of accession or as soon as possible after that date, international fisheries agreements and organisations to which the Union is also Party, unless their participation in these agreements or organizations relates to matters other than fishing.
13. Where this Article refers to the conventions and agreements concluded or signed by the Union, they shall include the conventions and agreements referred to in Article IV-438 of the Constitution.


Article 7


European law of the Council may repeal the transitional provisions laid down in this Protocol, where they are no longer applicable. The Council shall act unanimously after consulting the European Parliament.


Article 8


1. The acts adopted by the institutions to which the transitional provisions laid down in this Protocol relate retain their legal nature; in particular, the procedures for amending those acts shall remain applicable to them.
2. The provisions of this Protocol which have as their object or effect the repeal or amendment, other than as a transitional one, of acts adopted by the institutions, shall acquire the same legal status as the provisions thus repealed or amended and Are subject to the same rules as the latter.


Article 9


The application of the Constitution and the acts adopted by the institutions shall be subject, on a transitional basis, to derogating provisions Under this Protocol.


Second Part
Adaptations to the Constitution
TITLE I
INSTITUTIONAL PROVISIONS
Article 10


1. Article 9 (1) of Protocol No 3 fixing the Statute of the Court of Justice of the European Union, set out in the Annex to the Constitution and the EAEC Treaty, is replaced by the following:
" The partial renewal of judges, which has Is held every three years, alternating between fourteen and thirteen judges. "
2. Article 48 of Protocol No 3 fixing the Statute of the Court of Justice of the European Union, set out in the Annex to the Constitution and the EAEC Treaty, is replaced by the following:


" Article 48


The Tribunal consists of twenty-seven judges. "


Article 11


Protocol No 5 fixing the Statute of the European Investment Bank, set out in the Annex to the Constitution, is amended as follows:
1. In Article 4 (1), first subparagraph:
(a) The first sentence is replaced by the following:
" 1. The Bank has a capital of EUR 164 795 737 000 subscribed by the Member States to the following amounts (*):

(*) The figures for Bulgaria and Romania are indicative and are based on data Published by Eurostat for 2003. "


b) The following text is inserted between the reference to Ireland and Slovakia:
" Romania 846 000 000 " ; and
c) The following text, between the entry for Slovenia and the entry for Lithuania:
" Bulgaria 296 000 000 ".
2. In Article 9 (2), the first, second and third paragraphs shall be replaced by the following:
' 2. The Board of Directors shall consist of twenty-eight directors and eighteen alternates.
The directors shall be appointed for a period of five years by the Governing Council, each Member State designating one. The Commission also appoints one.
The deputy directors are appointed for a period of five years by the Board of Governors on the basis of:
-two alternates nominated by the Federal Republic of Germany;
-two Alternates nominated by the French Republic;
-two alternates nominated by the Italian Republic;
-two alternates nominated by the United Kingdom of Great Britain and Northern Ireland;
-an alternate nominated by mutual agreement By the Kingdom of Spain and the Portuguese Republic;
-an alternate nominated by common accord of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
-two alternates nominated by common accord of the Kingdom Denmark, the Hellenic Republic, Ireland and Romania;
-two alternates nominated by common accord of the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Austria, the Republic of Finland and The Kingdom of Sweden;
-three alternates nominated by common accord of the Republic of Bulgaria, the Czech Republic, the Republic of Cyprus, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia And the Republic of Slovakia;
-an alternate appointed by the Commission. "


Article 12


Article 134 (2) of the EAEC Treaty, the first subparagraph, concerning the composition of the Scientific and Technical Committee, shall be replaced by the following:
" 2. The Committee shall be composed of forty-one members, appointed by the Council after consulting the Commission. "


TITLE II
OTHER ADAPTATIONS
Article 13


In Article III-157 (1) of the Constitution, the last sentence is replaced by the following:
" As regards the Restrictions existing under national laws in Bulgaria, Estonia and Hungary, the date in question is 31 December 1999. "


Article 14


Article IV-440 (1) of the Constitution is replaced by the following:
" 1. This Treaty applies 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 Of Northern Ireland. "


Article 15


1. In Article IV-448 (1) of the Constitution, the following subparagraph is added: '
' According to the Accession Treaty, the versions of this Treaty in the Bulgarian and Romanian languages are also authentic. "
2. In Article 225 of the EAEC Treaty, the second paragraph shall be replaced by the following:
" Also authentic are the versions of the Treaty in English, Bulgarian, Danish, Spanish, Estonian, Finnish, Greek, Hungarian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech. "


Part 3
Standing Provisions
TITLE I
ADAPTATIONS OF
ACTES ADOPTED BY THE INSTITUTIONS
Article 16


The acts listed in Annex III to the This Protocol shall be the subject of the adaptations defined in that Annex.


Article 17


Adaptations of the acts listed in Annex IV to this Protocol which are issued Necessary by accession shall be established in accordance with the guidelines laid down in that Annex.


TITLE II
OTHER PROVISIONS
Article 18


The measures listed in the Annex V to this Protocol shall be applied in accordance with the conditions laid down in that Annex.


Article 19


A European law of the Council may make adaptations to the provisions of this Protocol on the common agricultural policy which may be necessary as a result of a change in Union law. The Council acts unanimously after consulting the European Parliament.


Part Four
The temporary provisions
TITLE I
TRANSITIONAL MEASURES
Article 20


The measures listed Annexes VI and VII to this Protocol shall apply to Bulgaria and Romania under the conditions set out 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 the EAEC Treaty, the following subparagraph is
: Notwithstanding the maximum number of Members of the European Parliament set out in Article I-20 (2) of the Constitution, the number of Members of the European Parliament shall be increased by the following number of representatives of Bulgaria and Romania to take account of the accession of these Two countries from the date of their accession and until the beginning of the 2009-2014 parliamentary term:
Bulgaria 18
Romania 35. "
2. Before 31 December 2007, Bulgaria and Romania shall each elect by direct universal suffrage the number of representatives of their people in the European Parliament, as laid down in paragraph 1, in accordance with the provisions of the Act Election of representatives to the European Parliament by direct universal suffrage (1).

(1) OJ L 278, 8.10.1976, p. 5. An Act as last amended by Council Decision 2002 /772/EC, Euratom (OJ L 283, 21.10.2002, p. 1).


3. By way of derogation from Article I-20 (3) of the Constitution, if the elections are organised after the date of accession, representatives to the European Parliament of the peoples of Bulgaria and Romania, from the date of accession to the Elections referred to in paragraph 2 shall be designated by the Parliaments of those States in accordance with the procedure laid down by each State.


Article 22


1. In the second subparagraph of Article 2 (2) of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union annexed to the Constitution and the EAEC Treaty, the following text shall be added between the entry concerning the Belgium and the Czech Republic:
" Bulgaria 10 "
and the following text between the entry for Portugal and the entry for Slovenia:
" Romania 14 ".
2. The third subparagraph of Article 2 (2) of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union annexed to the Constitution and the EAEC Treaty shall be replaced by the following:
' The deliberations shall be Acquired if they have received at least 255 votes in favour of the majority of the members, when, under the Constitution, they are to be taken on a proposal from the Commission. In other cases, proceedings shall be taken if they have received at least 255 votes in favour of at least two-thirds of the members. "


Article 23


Article 6 of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union annexed to the Constitution and the EAEC Treaty, the following is added Between the entry for Belgium and the entry for the Czech Republic:
" Bulgaria 12 "
and the following text between the entry for Portugal and the entry for Slovenia:
" 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 the EAEC Treaty, the following is added between the entry Concerning Belgium and the Czech Republic:
" Bulgaria 12 "
and the following text between the entry for Portugal and the entry for Slovenia:
" Romania 15 ".


TITLE III
FINANCIAL PROVISIONS
Article 25


1. From the date of accession, Bulgaria and Romania shall pay the following amounts corresponding to their share of the subscribed capital as defined in Article 4 of Protocol No 5 fixing the status of the Bank European Investment, annexed to the Constitution (1):
Bulgaria 14 800 000 EUR
Romania 42 300 000 EUR
These contributions shall be paid in eight equal instalments due on 31 May 2007, 31 May 2008, 31 May 2009, 30 November 2009, May 31, 2010, November 30, 2010, May 31, 2011 and November 30, 2011.
2. Bulgaria and Romania shall contribute, in eight equal instalments to the dates referred to in paragraph 1, to reserves and provisions equivalent to reserves, as well as to the amount still to be allocated to reserves and provisions, constituted By the balance of the profit and loss account, drawn up at the end of the month preceding accession, as shown in the balance sheet of the Bank, for amounts corresponding to the following percentages of reserves and provisions (1):
Bulgaria 0.181 %
Romania 0.517 %

(1) The figures are given as an indication and are based on data published by Eurostat for 2003.


3. The capital and payments provided for in paragraphs 1 and 2 shall be paid by Bulgaria and Romania in cash and in euro, except in the case of a derogation decided unanimously by the Governing Council.


Article 26


1. Bulgaria and Romania shall pay the amounts indicated to the Research Fund for Coal and Steel referred to in Decision 2002 /234/ECSC of 27 February 2002 of the representatives of the governments of the Member States, meeting within the Council, on the Financial consequences of the expiry of the ECSC Treaty and the Research Fund for Coal and Steel (1).


(EUR million, current prices)


Bulgaria 11.95
Romania 29.88
2. Contributions to the Research Fund for Coal and Steel are paid four times, starting in 2009, according to the following distribution, in each case on the first working day of the first month of each year:
2009 15 %
2010 20 %
2011 30 %
2012 35 %

(1) OJ L 79, 22.3.2002, p. 42.


Article 27


1. From the date of accession, tenders, tenders, implementation and payment of pre-accession aid under PHARE (1) and PHARE CBC (2), as well as the Transition Facility referred to in Article 31 shall be managed By implementing bodies in Bulgaria and Romania.
By a decision of the Commission to this effect, it will be derogated from the ex-ante controls by the Committee on Tendering and Auctions, following an accreditation procedure Carried out by the Commission and a positive evaluation of the extended decentralisation system (EDIS) according to the criteria and conditions set out in the Annex to Council Regulation (EC) No 1266/1999 of 21 June 1999 on the coordination of assistance to countries Accession strategy and amending Regulation (EEC) No 3906/89 (3) and Article 164 of the Financial Regulation applicable to the general budget of the European Communities (4).

(1) Regulation (EEC) No 3906/89 of the Council of 18.12.1989 on economic aid for certain countries of central and eastern Europe (OJ L 375, 23.12.1989, p. Regulation as last amended by Regulation (EC) No 769/2004 (OJ L 123, 27.4.2004, p. 1). (2) Commission Regulation (EC) No 2760/98 of 18.12.1998 on the implementation of a cross-border cooperation programme under the PHARE programme (OJ L 345, 19.12.1998, p. Regulation as last amended by Regulation (EC) No 1822/2003 (OJ L 267, 17.10.2003, p. 9). (3) OJ L 161, 26.6.1999, p. 68. (4) Council Regulation (EC, Euratom) No 1605/2002 of 25.6.2002 (OJ L 248, 16.9.2002, p. 1).


If this Commission decision to derogate from the ex ante controls was not taken before the date of accession, any contract signed between the date of accession and the date on which the Commission's decision is adopted does not May be eligible for pre-accession assistance.
However, on an exceptional basis, if the Commission's decision to derogate from ex ante controls is postponed beyond the date of accession for reasons not attributable to the authorities of the Bulgaria or Romania, the Commission may accept, in duly justified cases, that the contracts signed between the date of accession and the date of adoption of the Commission decision can benefit from the pre-accession assistance and that the implementation of the The implementation of pre-accession assistance shall continue for a limited period, subject to ex ante controls by the Tendering and Tendering Commission.
2. The financial commitments made before accession under the pre-accession financial instruments referred to in paragraph 1 and under the Transitional Facility referred to in Article 31 after accession, including the conclusion and registration of Various legal commitments subsequently entered into and payments made after accession, will continue to be governed by the rules and regulations of the pre-accession financial instruments and charged to the budget chapters Corresponding to the closure of the programmes and projects concerned. Notwithstanding the above, public procurement procedures initiated after accession shall comply with the relevant provisions of the Union.
3. The last programming exercise of the pre-accession aid referred to in paragraph 1 shall take place during the last year preceding accession. The award of the measures taken under these programmes will have to take place within two years. No extension of the award deadline is granted. Exceptionally and in duly justified cases, a limited extension of the duration may be granted for the execution of contracts.
Notwithstanding the provisions of this paragraph, the pre-accession funds provided for to cover the costs Administrative measures as defined in paragraph 4 may be incurred in the first two years following accession. With regard to 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 the ISPA programme (1), the Commission may adopt all appropriate measures to ensure that the required statutory staff remains in force. Place in Bulgaria and Romania for a period not exceeding nineteen months after accession. During this period, officials, temporary agents and contract agents who have been assigned to posts in Bulgaria and Romania before accession and who are required to remain in service in these States after the date of accession Enjoy, on an exceptional basis, the same financial and material conditions as those applied by the Commission before accession, in accordance with the Staff Regulations of Officials of the European Communities and the applicable scheme The other servants of these Communities as set out in Council Regulation (EEC, Euratom, ECSC) No 259/68 (2).
The administrative expenditure necessary, including the salaries of the other staff required, is covered by the Topic " Phasing out of pre-accession aid for the new Member States ", or by an equivalent heading under the appropriate policy area in the general budget of the European Union devoted to enlargement.

(1) Council Regulation (EC) No 1267/1999 of 21.6.1999 establishing a structural instrument 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). (2) OJ L 56, 4.3.1968, p. Regulation as last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1.


Article 28


1. The measures which, on the date of accession of Bulgaria and Romania, were the subject of aid decisions in the framework of Regulation (EC) No 1267/1999 establishing a structural instrument for pre-accession and whose implementation was not Concluded by that date are considered as approved by the Commission pursuant to Council Regulation (EC) No 1164/94 of 16 May 1994 establishing the Cohesion Fund (1). The amounts still to be committed for the implementation of these measures shall be committed in accordance with the Regulation on the Cohesion Fund in force on the date of accession and shall be charged to the chapter corresponding to this Regulation in the General budget of the European Union. Unless otherwise provided in paragraphs 2 to 5, the provisions governing the implementation of measures approved in accordance with the latest Regulation shall apply to such measures.

(1) 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).


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 This call for tenders. However, the provisions laid down 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 a tender published in the Official Journal of the European Union shall be in accordance with the provisions of the Constitution, of acts adopted in accordance with the provisions of the EU policies, including those relating to environmental protection, transport, trans-European networks, competition and public procurement.
3. Payments made by the Commission under a measure referred to in paragraph 1 shall be allocated to the oldest open commitment carried out in accordance with Regulation (EC) No 1267/1999 and then pursuant to the Regulation on the Cohesion Fund
4. For the measures referred to in paragraph 1, the rules governing the eligibility of expenditure in accordance with Regulation (EC) No 1267/1999 shall remain applicable, except in duly justified cases, on which the Commission is to take a decision at the request of The Member State concerned.
5. The Commission may decide, in exceptional and duly justified cases, to authorise for the measures referred to in paragraph 1 specific derogations to the rules applicable under the Regulation on the Cohesion Fund in force on the date


Article 29


When the period for multiannual commitments under the SAPARD programme (1) in relation to afforestation of agricultural land, support for the creation of Producer groups or agri-environmental programmes shall extend beyond the last date on which payments may be made under SAPARD, the outstanding commitments will be covered under the programme of Rural development for 2007-2013. If specific transitional measures are necessary in this respect, they 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 Structural Funds (2).

(1) Council Regulation (EC) No 1268/1999 of 21.6.1999 on Community aid for pre-accession measures for agriculture and rural development in the candidate countries of Central Europe and In the pre-accession period (OJ L 161, 26.6.1999, p. Regulation as last amended by Regulation (EC) No 2008/2004 (OJ L 349, 25.11.2004, p. (2) 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).


Article 30


1. Bulgaria, having-in accordance with its commitments-permanently closed for the subsequent decommissioning of Unit 1 and Unit 2 of the Kozloduy nuclear power plant before 2003, undertakes to permanently close Unit 3 and Unit 4 of this And, subsequently, to decommission these units.
2. During the period 2007-2009, the Community provides financial assistance in support of Bulgaria's efforts to decommission the Kozloduy nuclear power plant and to deal with the consequences of the closure and decommissioning of the units 1 to 4 of this plant.
The assistance shall include measures to support the decommissioning of units 1 to 4 of the Kozloduy nuclear power plant; measures for the rehabilitation of the environment in accordance with the acquis; Measures to modernise the production, transmission and distribution of conventional energy in Bulgaria; measures to improve energy efficiency, promote the use of sources
the period 2007-2009, the amount of assistance amounts to EUR 210 million (2004 prices) in commitment appropriations, which will be made available in annual instalments EUR 70 million (2004 prices).
This assistance may be made available in whole or in part as a Community contribution to the Kozloduy International Support Fund, administered by the European Bank For reconstruction and development.
3. The Commission may adopt arrangements for the implementation of the assistance referred to in paragraph 2. These are 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 (1). 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 months. The Committee shall adopt its rules of procedure.

(1) OJ L 184, 17.6.1999, p. 23.


Article 31


1. For the first year following accession, the Union shall provide Bulgaria and Romania with provisional financial assistance, hereinafter referred to as ' Transitory facility ", to develop and strengthen their administrative and judicial capacity to implement To ensure compliance with EU legislation and to promote the exchange of good practice among peers. This assistance funds institution-building projects and small, limited investments that are ancillary to them.
2. The aid responds to the ongoing need to strengthen institutional capacity in certain areas through actions which cannot be financed by the Structural Funds or the Rural Development Funds.
3. As regards twinning projects between public administrations for institution-building purposes, the call for proposals procedure through the network of contact points in the Member States continues to apply, such as As provided for in the framework agreements concluded with the Member States for the purposes of pre-accession assistance.
The commitment appropriations for the transitional facility for Bulgaria and Romania are, at 2004 prices, EUR 82 million in the First year following accession, in order to address national and horizontal priorities. Appropriations shall be authorised by the budgetary authority within the limits of the financial
. Assistance under the Transition Facility shall be granted and implemented in accordance with Council Regulation (EEC) No 3906/89 on economic aid for certain central and eastern European countries.


Article 32


1. A cash-flow facility and a Schengen Facility are set up 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 application of the Schengen acquis and external border controls and to help improve the cash flow of national budgets.
2. For the period 2007-2009, the following amounts (2004 prices) are made available to Bulgaria and Romania in the form of lump sum payments under the Cash and Temporary Schengen Facility:


(Millions of euros, 2004 prices)



You can view the table in OJ
No 22 of 26/01/2007 text number 6



3. At least 50 % of the funds allocated to each country under the cash-flow facility and the temporary Schengen facility are used to help Bulgaria and Romania to meet the obligation to finance actions at the new borders Of the Union for the application of the Schengen acquis and external border controls.
4. One twelfth of each annual amount shall be paid to Bulgaria and Romania on the first working day of each month of the corresponding year. Lump sum payments shall be used within three years from the date of the first disbursement. No later than six months after the expiry of the three-year period, Bulgaria and Romania shall submit a full report on the final use of the lump sum payments under the Cash and Temporary Schengen Facility Accompanied by a justification for the expenditure. Any unused or unjustifiably spent money is recovered by the Commission.
5. The Commission may adopt the technical provisions necessary for the operation of the temporary cash-flow and Schengen facility.


Article 33


1. Without prejudice to the political decisions to be taken in the future, the overall allocation of commitment appropriations for structural actions to be made available to Bulgaria and Romania for the three-year period from 2007 to 2009 is:


(Millions of euros, 2004 prices)



You can view the table in OJ
No 22 of 26/01/2007 text number 6



2. During the three-year period from 2007 to 2009, the scope and nature of the interventions in the country envelopes will be determined on the basis of the provisions applicable at that time to the expenditure on shares


Article 34


1. In addition to the rural development regulations in force on the date of accession, the provisions set out in Sections I to III of Annex VIII shall apply to Bulgaria and Romania for the period 2007-2009 and the provisions Annex VIII, Section IV, applies to Bulgaria and Romania throughout the 2007-2013 programming period.
2. Without prejudice to the political decisions to be taken in the future, the amount of commitment appropriations allocated to rural development for Bulgaria and Romania under the section " Warranty " The EAGGF amounts to EUR 3 041 million (2004 prices) for the three-year period 2007 to 2009.
3. The necessary implementing rules, where appropriate, for the implementation of the provisions of Annex VIII shall be adopted in accordance with the procedure referred to in Article 50 (2) of Regulation (EC) No 1260/1999
The Council, on a proposal from the Commission and after consulting the European Parliament, shall make adaptations to the provisions of Annex VIII which would be necessary to ensure consistency with the development regulations Rural.


Article 35


The amounts referred to in Articles 30, 31, 32, 33 and 34 shall be adjusted each year by the Commission in accordance with price developments as part of the technical adjustments Made every year to the financial perspective.


TITLE IV
OTHER PROVISIONS
Article 36


1. For a period of up to three years from the date of accession, in the event of serious difficulties and likely to persist in a sector of economic activity or difficulties which may result in the serious alteration of a situation Bulgaria or Romania may request to be authorised to adopt safeguard measures to rebalance the situation and to adapt the sector concerned to the economy of the internal
. Conditions, a current Member State may request to be authorised to adopt safeguard measures in respect of Bulgaria, Romania or both States.
2. At the request of the Member State concerned, the Commission shall adopt, by means of an urgent procedure, the European regulations or decisions laying down the safeguard measures it considers necessary, specifying the conditions and conditions In
event of serious economic difficulties and on the express request of the Member State concerned, the Commission shall act within five working days from the date of receipt of the application, together with the elements of assessment Related. The measures thus decided are immediately applicable, take into account the interests of all parties concerned and do not involve border controls.
3. The measures authorised under paragraph 2 may include derogations from the rules laid down in the Constitution, and in particular to this Protocol, to the extent and for the time strictly necessary to achieve the aims set out in the Paragraph 1. The measures that cause the least disruption to the functioning of the internal market will have to be chosen as a matter of priority.


Article 37


If Bulgaria or Romania has not acted on the commitments It has taken part in the accession negotiations, including commitments to all sectoral policies relating to economic activities with a cross-border dimension, thereby causing, or is likely to cause, the Very short term, a serious malfunction of the internal market, the Commission may, for a period of up to three years from the date of accession, at the reasoned request of a Member State, or on its own initiative, adopt European regulations or decisions establishing appropriate measures.
These measures shall be proportionate and the choice shall be given in priority to those which at least disturb the functioning of the internal market and, where appropriate, the application of Sectoral safeguard mechanisms in force. These safeguard measures cannot be used as a means of arbitrary discrimination or disguised restriction of trade between Member States. The safeguard clause may be invoked even before accession on the basis of findings established in the monitoring framework, and the measures adopted shall enter into force on the date of accession unless a later date is provided for. The measures shall be maintained for the duration strictly necessary and, in any event, shall be lifted when the corresponding undertaking is fulfilled. They may, however, be applied beyond the period referred to in the first subparagraph until the corresponding commitments have been fulfilled. The Commission may adapt the measures adopted in accordance with the extent to which the new Member State concerned fulfils its commitments. The Commission shall inform the Council in good time before the repeal of European regulations and decisions laying down safeguard measures and shall take due account of any observations made by the Council in this regard.


Article 38


If serious deficiencies or imminent risk of serious shortcomings are identified in Bulgaria or Romania as regards transposition, the state of implementation or the implementation of the Framework decisions or any other undertaking, instrument of cooperation and decision on mutual recognition in criminal matters adopted on the basis of Title VI of the Treaty on European Union, and directives and regulations relating to the Mutual recognition in civil matters adopted on the basis of Title IV of the Treaty establishing the European Community, as well as European laws and framework laws adopted on the basis of Part III, Title III, Chapter IV, Sections 3 and 4 of the Constitution, the Commission may, for a period of up to three years from the date of accession, at the reasoned request of a Member State or on its own initiative and after consulting the Member States, adopt the regulations or decisions
measures may take the form of a temporary suspension of the application of the relevant provisions and decisions in the Member States. Relations between Bulgaria or Romania and one or more other Member States, without calling into question the continuation of close judicial cooperation. The safeguard clause may be invoked even before accession on the basis of observations made in the course of monitoring, and the measures adopted shall enter into force on the date of accession unless a later date is foreseen. The measures shall be maintained for the duration strictly necessary and, in any event, shall be lifted when the failure to fulfil obligations is corrected. They may, however, be applied beyond the period referred to in the first subparagraph as long as these shortcomings persist. The Commission may, after consulting the Member States, adapt the measures adopted on the basis of the extent to which the new Member State corrects the deficiencies noted. The Commission shall inform the Council in good time before the repeal of European regulations and decisions laying down safeguard measures and shall take due account of any observations made by the Council in this regard.


Article 39


1. If, on the basis of the continuous monitoring of the commitments made by Bulgaria and Romania in the framework of the accession negotiations, and in particular in the Commission's monitoring reports, it is clear that the state of preparations for adoption And the implementation of the acquis in Bulgaria and Romania is such that there is a serious risk that one of these states will clearly not be ready, by the date of accession scheduled for 1 January 2007, to comply with the requirements of accession in A number of important areas, the Council, acting unanimously on the basis of a recommendation from the Commission, may decide that the date of the expected accession of the State concerned is postponed from one year to 1 January
. Notwithstanding the provisions of paragraph 1, the Council may, acting by a qualified majority on the basis of a recommendation from the Commission, take the decision referred to in paragraph 1 in respect of Romania if serious breaches of the Romania of one or more of the commitments and requirements listed in Annex IX, point I, are recognised.
3. Notwithstanding the provisions of paragraph 1, and without prejudice to Article 37, the Council, acting by a qualified majority on the basis of a recommendation from the Commission, may take, after a detailed evaluation to be held in the autumn of 2005 on The progress made by Romania in the field of competition policy, the decision referred to in paragraph 1 in respect of Romania if serious shortcomings in Romania's compliance with the obligations laid down under the European Agreement (1) or one or more of the commitments and requirements listed in Annex IX, point II are recognised.
4. In the event of a decision taken pursuant to paragraph 1, 2 or 3, the Council, acting by a qualified majority, shall immediately decide on the adjustments to this Protocol, including its annexes and appendices, which have become indispensable as a result of the decision

1) European Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part (OJ L 357, 31.12.1994, p. 2).


Article 40


In order not to disrupt the proper functioning of the internal market, the implementation of the national rules of Bulgaria and Romania during the transitional periods referred to in Annexes VI and VII may not result in border controls between Member States.


Article 41


If transitional measures are necessary to facilitate the transition from the current Bulgaria and Romania in the scheme resulting from the application of the common agricultural policy under the conditions set out in this Protocol, these measures shall be adopted by the Commission in accordance with the procedure laid down in Article 25, Paragraph 2 of Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), or, where appropriate, the corresponding articles of the other regulations on the organisation of the markets Or in accordance with the procedure laid down in the applicable law. The transitional measures referred to in this Article may be adopted for a period of three years from the date of accession and shall not apply beyond that period. A European law of the Council may extend this period. The Council shall act unanimously after consulting the European Parliament.
Transitional measures relating to the implementation of instruments under the common agricultural policy which are not mentioned in this Act, but That accession makes necessary, shall be fixed by means of European regulations or decisions adopted by the Council, acting by a qualified majority on a proposal from the Commission, before accession, or, where such measures concern Instruments adopted initially by the Commission, they shall be fixed by means of European regulations or decisions adopted by the Commission in accordance with the relevant procedure.

(1) OJ L 270, 21.10.2003, p. 78.


Article 42


When transitional measures are necessary to facilitate the transition from the current regime in Bulgaria and Romania to the system resulting from implementation, at the level of The Union, veterinary, phytosanitary and food safety rules shall be adopted by the Commission in accordance with the procedure laid down in the applicable legislation. These measures are adopted for a period of three years from the date of accession and do not apply beyond that period.


Part V
The provisions for the implementation
of this Protocol
TITLE I
SETTING THE INSTITUTIONS
AND ORGANISMS
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 from the date of accession. The new members of the Commission shall be appointed by the Council, by common agreement with the President of the Commission, after consulting the European Parliament and in accordance with the criteria referred to in Article I-26 (4) of the Constitution
The term of office of the members thus appointed shall expire at the same time as that of the members who are in office at the time of accession.


Article 46


1. Two judges are appointed to the Court of Justice and two judges are appointed to the
. The term of office of one of the judges of the Court of Justice appointed pursuant to paragraph 1 shall expire on 6 October 2009. This judge is appointed by fate. 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 Tribunal appointed pursuant to paragraph 1 shall expire on 31 August 2007. This judge is appointed by fate. The other judge's term expires 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 Court of First Instance, in agreement with the Court of Justice, shall bring to its Rules of Procedure adaptations made necessary by accession
The relevant procedural regulations are subject to Council approval.
4. For the judgment of the cases pending before the above-mentioned courts on the date of accession for which the oral procedure was opened before that date, the Court in plenary sitting or the Chambers shall sit in the composition which they had Before accession and apply the Rules of Procedure as it was in force on the day before the date of accession.


Article 47


A national of each new Member State shall be appointed to the Court Accounts from the date of accession for a six-year term.


Article 48


The Committee of the Regions shall be supplemented by the appointment of twenty-seven members representing regional bodies and The local authorities of Bulgaria and Romania, who are either holders of an electoral mandate within a regional or local community, or politically accountable to an elected assembly. The term of office of the members thus appointed shall expire at the same time as that of the members who are in office at the time of accession.


Article 49


The Economic and Social Committee shall be supplemented by the appointment of 27 members representing the different economic and social categories of organised civil society in Bulgaria and Romania. The term of office of the members thus appointed shall expire at the same time as that of the members who are in office at the time of accession.


Article 50


The adaptations of the statutes and the rules of procedure of the Committees established by the Constitution, made necessary by accession, shall be carried out as soon as possible after accession.


Article 51


1. The new members of the committees, groups or other bodies established by the Constitution or by an act of the institutions shall be appointed under the conditions and in accordance with the procedures prescribed for the appointment of the members of such committees, Groups or other bodies. The term of office of the newly appointed members shall expire at the same time as that of the members who are in office at the time of
. The composition of the committees or groups established by the Constitution or by an act of the institutions comprising a fixed number of members independently of the number of member states shall be completely renewed upon accession, unless the mandate Current members shall not expire within one year of accession.


TITLE II
APPLICABILITY OF THE INSTITUTIONS OF THE INSTITUTIONS
Article 52


Upon accession, Bulgaria and Romania shall be deemed to be Addressees of European framework laws, regulations and decisions within the meaning of Article I-33 of the Constitution, and directives and decisions within the meaning of Article 249 of the Treaty and Article 161 of the EAEC Treaty, provided that these framework laws, European regulations and decisions and that these directives and decisions have been addressed to all the current Member States. Except as regards European decisions which enter into force pursuant to Article I-39 (2) of the Constitution, and the 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 deemed to have received notification of these European decisions, as well as those directives and decisions upon accession.


Article 53


1. Bulgaria and Romania shall bring into force the measures necessary for them to comply, from the date of accession, with the provisions of the European framework laws and European regulations which are binding on any recipient Member State. The result to be achieved, while leaving to the national authorities jurisdiction over the choice of form and means, within the meaning of Article I-33 of the Constitution, and the directives and decisions within the meaning of Article 249 of the Treaty establishing the European Community and Article 161 of the EAEC Treaty, unless another time limit is provided for in this Protocol. They shall communicate these measures to the Commission by the date of accession or, where appropriate, within the period laid down in this Protocol.
2. To the extent that amendments to the Directives within the meaning of Article 249 of the Treaty establishing the European Community and Article 161 of the EAEC Treaty by this Protocol require an amendment of the laws, regulations or provisions Of the present Member States, they shall bring into force 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 these measures to the Commission no later than the date of accession or, subsequently, within the time limit laid down in this Protocol.


Article 54


The legislative provisions, In order to ensure, in the territory of Bulgaria and Romania, the health protection of workers and populations against the dangers arising from ionising radiation is, in accordance with the Article 33 of the EAEC Treaty, communicated by these States to the Commission within three months of accession.


Article 55


On request duly substantiated by 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 it has itself adopted the original act, may adopt European regulations or decisions establishing derogations The acts of the institutions adopted between 1 October 2004 and the date of accession. These measures shall be adopted in accordance with the voting rules applicable to the adoption of the act for which a temporary derogation is requested. Where such derogations are adopted after accession, they may be applied as from the date of accession.


Article 56


Where acts of the institutions adopted before accession are required Be adapted from the date 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 it has itself adopted the original act, Adopt the necessary acts for this purpose. Where these adaptations are adopted after accession, they may be applied as from the date of accession.


Article 57


Unless otherwise provided, the Council, on a proposal from the Commission, shall adopt European regulations and decisions establishing the measures necessary for the implementation of the provisions of this Protocol.


Article 58


The texts of the acts of the Institutions adopted before accession and which have been established by the Council, the Commission or the European Central Bank in the Bulgarian and Romanian languages shall be authentic, upon accession, under the same conditions as the texts established in the languages Current official. They shall be published in the Official Journal of the European Union where the texts in the current languages have been the subject of such publication.


TITLE III
FINAL PROVISIONS
Article 59


Annexes I to IX and the Appendices form an integral part of this Protocol.


Article 60


The Government of the Italian Republic shall deliver to the Governments of the Republic of Bulgaria and Of Romania a certified copy of the Treaty establishing the European Atomic Energy Community and of the Treaties amending or supplementing it, in the English, Danish, Spanish, Estonian, Finnish, French, German and Greek languages, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Slovak, Slovenian, Swedish and Czech.
The text of this Treaty, drawn up in the Bulgarian and Romanian languages, is attached to this Protocol. These texts shall be authentic under the same conditions as the texts of the Treaty referred to in the first paragraph, established in the current languages.


Article 61


A certified copy of international agreements Deposited in the archives of the General Secretariat of the Council of the European Union is handed over to the governments of the Republic of Bulgaria and Romania by the Secretary-General.


A N N E X E I


LIST OF CONVENTIONS AND PROTOCOLS AUXQUELS BULGARIA AND ROMANIA ADHERENT TO THE MOMENT OF ACCESSION


(referred to in Article 3 (3) of the Protocol)


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):
-Convention of 10 April 1984 concerning the accession of the Hellenic Republic to the Convention on the law applicable to contractual obligations opened for signature in Rome on 19 June 1980 (OJ L 146, 31.5.1984, p. 1);
-First Protocol of 19 December 1988 concerning the interpretation by the Court of Justice of the European Communities of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980 (OJ 1980 L 48 20.2.1989, p. 1);
-Second Protocol of 19 December 1988 conferring on the Court of Justice of the European Communities certain powers relating to the interpretation of the Convention on the law applicable to contractual obligations, open to signature In Rome on 19 June 1980 (OJ L 48, 20.2.1989, p. 17);
-Convention of 18 May 1992 on the accession of the Kingdom of Spain and the Portuguese Republic to the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980 (OJ L 333, 18.11.1992, P. 1);
-Convention of 29 November 1996 on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, as well as the first and second protocols concerning its interpretation by the Court of Justice (OJ C 15, 15.1.1997, p. 10).
2. Convention of 23 July 1990 on the elimination of double taxation in the event of the correction of the profits of associated undertakings (OJ L 225, 20.8.1990, p. 10):
-Convention of 21 December 1995 on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the elimination of double taxation in the event of the correction of profits Associated undertakings (OJ C 26, 31.1.1996, p. 1);
-Protocol of 25 May 1999 amending the Convention of 23 July 1990 on the elimination of double taxation in the event of the correction of the profits of associated undertakings (OJ C 202, 16.7.1999, p. 1).
3. Convention of 26 July 1995 established on the basis of Article K. 3 of the Treaty on European Union, relating to the protection of the financial interests of the European Communities (OJ C 316, 27.11.1995, p. 49):
-Protocol of 27 September 1996 established on the basis of Article K. 3 of the Treaty on European Union, to the Convention on the Protection of the Financial Interests of the European Communities (OJ C 313, 23.10.1996, p. 2);
-Protocol of 29 November 1996 established on the basis of Article K. 3 of the Treaty on European Union, concerning the interpretation, for a preliminary ruling, by the Court of Justice of the European Communities of the Convention on Protection The financial interests of the European Communities (OJ C 151, 20.5.1997, p. 2);
-Second Protocol of 19 June 1997 established on the basis of Article K. 3 of the Treaty on European Union, to the Convention on the Protection of the Financial Interests of the European Communities (OJ C 221, 19.7.1997, p. 12).
4. Convention of 26 July 1995 on the basis of Article K. 3 of the Treaty on European Union establishing a European Police Office (Europol Convention) (OJ C 316, 27.11.1995, p. 2):
-Protocol of 24 July 1996 established on the basis of Article K. 3 of the Treaty on European Union concerning the interpretation, for a preliminary ruling, by the Court of Justice of the European Communities of the Convention establishing a European Police Office (OJ C 299, 9.10.1996, p. 2);
-Protocol of 19 June 1997 establishing, on the basis of Article K. 3 of the Treaty on European Union and Article 41 (3) of the Europol Convention, the privileges and immunities of Europol, its members, its members Assistant Directors and Officers (OJ C 221, 19.7.1997, p. 2);
-Protocol of 30 November 2000 on the basis of Article 43 (1) of the Convention establishing a European Police Office (Europol Convention) and amending Article 2 and the Annex to that Convention (OJ C 358, 13.12.2000, p. 2);
-Protocol of 28 November 2002 amending the Convention establishing a European Police Office (Europol Convention) and the Protocol on the Privileges and Immunities of Europol, its members, its Deputy Directors and Its agents (OJ C 312, 16.12.2002, p. 2);
-Protocol of 27 November 2003 established on the basis of Article 43 (1) of the Convention establishing a European Police Office (Europol Convention), amending the Convention (OJ C 2, 6.1.2004, p. 3).
5. Convention of 26 July 1995 established on the basis of Article K. 3 of the Treaty on European Union, on the use of information technology in the field of customs (OJ C 316, 27.11.1995, p. 34):
-Protocol of 29 November 1996 on the basis of Article K. 3 of the Treaty on European Union, concerning the interpretation, for a preliminary ruling, by the Court of Justice of the European Communities, of the Convention on the Employment of Information technology in the field of customs (OJ C 151, 20.5.1997, p. 16);
-Protocol of 12 March 1999 established on the basis of Article K. 3 of the Treaty on European Union, relating to the scope of money laundering in the Convention on the use of information technology in the field of customs and The inclusion of the registration number of the means of transport in the Convention (OJ C 91, 31.3.1999, p. 2);
-Protocol of 8 May 2003 established in accordance with Article 34 of the Treaty on European Union, amending, with regard to the creation of a file for the identification of files of customs investigations, the Convention on the employment of Information technology in the field of customs (OJ C 139, 13.6.2003, p. 2).
6. Convention of 26 May 1997 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 the Member States Members of the European Union (OJ C 195, 25.6.1997, p. 2).
7. Convention of 18 December 1997 established 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).
8. Convention of 17 June 1998 established on the basis of Article K. 3 of the Treaty on European Union relating to decisions on disqualification of driving rights (OJ C 216, 10.7.1998, p. 2).
9. Convention of 29 May 2000 established by the Council in accordance with Article 34 of the Treaty on European Union, on mutual legal assistance in criminal matters between the Member States of the European Union (OJ C 197, 12.7.2000, p. 3):
-Protocol of 16 October 2001 to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, established by the Council in accordance with Article 34 of the Treaty on European Union (OJ C 326, 21.11.2001, p. 2).


A N N E X E I I


LIST OF THE PROVISIONS OF THE SCHENGEN ACQUIS INTEGRATED IN THE EUROPEAN UNION AND THE ACTS BASED ON CELUI-CI OR WHO HAVE BEEN CONTRACTING AND APPLICABLE IN THE NEW MEMBER STATES THE ACCESSION


(referred to in Article 4 (1) of the Protocol)


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 the common borders, signed at Schengen on 14 June 1985

1) OJ L 239, 22.9.2000, p. 13.


2. The following provisions of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders, signed on 19 June 1990, the final act of that Convention and the declarations which (1) as amended by some of the acts listed in paragraph 8 below:

(1) 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).


Article 1, to the extent that it relates to the provisions of this paragraph; Articles 3 to 7, except 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, insofar as they relate to the provisions of this paragraph; and Article 136; Joint Declarations 1 and 3 of the Final
. The following provisions of the Accession Agreements to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of controls at the common borders, signed on 19 June 1990, their final acts and the Declarations, as amended by some of the acts listed in paragraph 8 below:
(a) the Accession Agreement of the Italian Republic signed on 27 November 1990:
-Article 4;
-Joint Declaration 1 of the Second part of the Final Act;
(b) the Agreement of Accession of the Kingdom of Spain signed on 25 June 1991:
-Article 4;
-Joint Declaration 1 of Part II of the Final Act; and
-Declaration 2 of Part Three of The Final Act;
(c) the Agreement of Accession of the Portuguese Republic signed on 25 June 1991:
-Articles 4, 5 and 6;
-Joint Declaration 1 of Part II of the Final Act;
(d) the Agreement of Accession of the Hellenic Republic Signed on 6 November 1992:
-Articles 3, 4 and 5;
-Joint statement 1 of the second part of the Final Act; and
-Declaration 2 of Part Three of the Final Act;
(e) the Agreement of Accession of the Republic of Austria Signed on 28 April 1995:
-Article 4;
-Joint Declaration 1 of Part II of the Final Act;
f) the Agreement on the Accession of the Kingdom of Denmark signed on 19 December 1996:
-Article 4, Article 5, paragraph 2, and Article 6;
-Joint Declarations 1 and 3 of Part II of the Final Act;
(g) the Agreement of Accession of the Republic of Finland signed on 19 December 1996:
-Articles 4 and 5;
-Joint Declarations 1 and 3 of the Second part of the final act;
-the declaration by the Government of the Republic of Finland of the third part of the Final Act, relating to the Aland Islands;
(h) the Accession Agreement of the Kingdom of Sweden signed on 19 December 1996:
Sections 4 and 5;
-Joint Declarations 1 and 3 of Part II of the Final Act.
4. The following agreements concluded by the Council in accordance with Article 6 of the Schengen Protocol:
-the Agreement of 18 May 1999 concluded by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway on the association of these two States for the implementation, application and development of the Schengen acquis, including its annexes, its final act, the declarations and exchanges of letters annexed thereto (1), approved by Council Decision 1999 /439/EC (2);
- The Agreement of 30 June 1999 concluded by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway on the establishment of rights and obligations between Ireland and the United Kingdom of Great Britain and Northern Ireland, of a The Republic of Iceland and the Kingdom of Norway, on the other hand, in the areas of the Schengen acquis which apply to those States (3), approved by Council Decision 2000 /29/EC (4);
-the Agreement signed on 25 October 2004 by the Council of the European Union and the Swiss Confederation on the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis (5).

(1) OJ L 176, 10.7.1999, p. 36. (2) OJ L 176, 10.7.1999, p. 35. (3) OJ L 15, 20.1.2000, p. 2. (4) OJ L 15, 20.1.2000, p. 1. (5) As long as this agreement is not concluded, to the extent that it applies provisionally.


5. The provisions of the following decisions of the Executive Committee set up by the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders, signed on 19 June 1990, as they Have been amended by some of the acts listed in paragraph 8 below:
SCH/Com-ex (93) 10 Decision of the Executive Committee of 14 December 1993 concerning statements by ministers and secretaries of state.
SCH/Com-ex (93) Executive Committee of 14 December 1993 concerning the improvement in the practice of judicial cooperation in combating drug trafficking.
SCH/Com-ex (94) 16 rev. Decision of the Executive Committee of 21 November 1994 on acquisition of common entry and exit stamps.
SCH/Com-ex (94) 28 rev. Decision of the Executive Committee of 22 December 1994 concerning the certificate provided for in Article 75 for the transport of narcotic drugs and psychotropic
. 2 Decision of the Executive Committee of 22 December 1994 on the implementation of the Convention implementing the Schengen Agreement of 19 June 1990.
SCH/Com-ex (95) 21 Decision of the Executive Committee of 20 December 1995 concerning a rapid exchange Between the Schengen states statistical and concrete data on possible dysfunctions at external borders.
SCH/Com-ex (98) 1 rev. 2 Decision of the Executive Committee of 21 April 1998 concerning the activity report of the task force, to the extent that it relates to the provisions of paragraph 2 above.
SCH/ Com-ex (98) 26 Dec. Decision of the Executive Committee of 16 September 1998 on the establishment of a Standing Committee on the Evaluation and Application of Schengen
2 Decision of the Executive Committee of 16 September 1998 concerning the transmission of the Common Handbook to candidates for accession to the EU
2 Decision of the Executive Committee of 27 October 1998 concerning the adoption of measures to combat illegal immigration, to the extent that it relates to the provisions of paragraph 2 above
3 Decision of the Executive Committee of 16 December 1998 concerning cross-border police cooperation in the prevention and search of punishable offences.
SCH/Com-ex (98) 52 Decision of the Executive Committee of 16 December 1998 concerning the Cross-border police cooperation, to the extent that it relates to the provisions of paragraph 2 above.
SCH/Com-ex (98) 57 Decision of the Executive Committee of 16 December 1998 concerning the introduction of a harmonised form For statements of invitation, declarations/commitments for care or hospitality.
SCH/Com-ex (98) 59 rev. Decision of the Executive Committee of 16 December 1998 on a coordinated intervention of document advisors.
SCH/Com-ex (99) 1 Rev. 2 Decision of the Executive Committee of 28 April 1999 on the Schengen standards on drugs.
SCH/Com-ex (99) 6 Decision of the Executive Committee of 28 April 1999 on the Schengen acquis in the field of telecommunications
(99) 7 rev. 2 Decision of the Executive Committee of 28 April 1999 concerning liaison officers.
SCH/Com-ex (99) 8 rev. 2 Decision of the Executive Committee of 28 April 1999 on general principles of compensation for informers and indicators.
SCH/Com-ex (99) 10 Decision of the Executive Committee of 28 April 1999 on illicit arms
. (99) 13 Executive Committee Decision of 28 April 1999 concerning the final versions of the Common Manual and the Common Consular Instructions:
-annexes 1, 2, 3, 7, 8 and 15 of the Common Consular Instructions;
-the Common Manual, in The extent to which it relates to the provisions of paragraph 2 above, including Annexes 1, 5, 5A, 6, 10 and 13.
SCH/Com-ex (99) 18 Decision of the Executive Committee of 28 April 1999 concerning the improvement of police cooperation in relation to Prevention and search for punishable facts.
6. The following declarations of the Executive Committee set up by the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, signed on 19 June 1990, to the extent that they Refer to the provisions of paragraph 2 above:
SCH/Com-ex (96) decl. 6 rev. 2 Statement by the Executive Committee of 26 June 1996 on extradition.
SCH/Com-ex (97) decl. 13 rev. 2 Statement of the Executive Committee of 9 February 1998 concerning the abduction of
. The following decisions of the core group set up by the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, signed on 19 June 1990, to the extent that they Refer to the provisions of paragraph 2 above:
SCH/C (98) 117 Decision of the Central Group of 27 October 1998 on measures to combat illegal immigration.
SCH/C (99) 25 Decision of the Central Group of the March 22, 1999, regarding general principles of compensation for informants and indicators.
8. The following acts which are based on or related to the Schengen acquis:
Council Regulation (EC) No 1683/95 of 29 May 1995 establishing a model type of visa (OJ L 164, 14.7.1995, p. 1).
Council Decision 1999 /307/EC of 1 May 1999 laying down detailed rules 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 on the definition of the Schengen acquis in order to determine, in accordance with the relevant provisions of the Treaty establishing the European Community and of the Treaty on European Union, the Legal basis for each of the provisions or decisions which constitute the acquis (OJ L 176, 10.7.1999, p. 1).
Council Decision 1999 /436/EC of 20 May 1999 determining, in accordance with the relevant provisions of the Treaty establishing the European Community and of the Treaty on European Union, the legal basis for each of the provisions or decisions Constituting 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 implementation of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway on the association of these States with the The implementation 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 implementation of the Schengen acquis in Greece (OJ L 327, 21.12.1999, p. 58).
Council Decision 2000 /365/EC of 29 May 2000 on the request by the United Kingdom of Great Britain and Northern Ireland to participate in certain 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 the amendment of Article 40 (4) and (5) of Article 41 (7) and Article 65 (2) of the Convention on the implementation of the agreement Schengen of 14 June 1985 on the gradual abolition of controls at the common external borders (OJ L 248, 3.10.2000, p. 1).
Council Decision 2000 /751/EC of 30 November 2000 on the declassification of certain parts of the Common Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985 (OJ 1985 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, as well as in Iceland and Norway (OJ L 309, 9.10.2000, p. 24).
Council Regulation (EC) No 539/2001 of 15 March 2001 on the list of third countries whose nationals are subject to the visa requirement to cross the external borders of the Member States and the list of those whose Nationals are exempt from this obligation (OJ L 81, 21.3.2001, p. 1).
Council Regulation (EC) No 789/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical arrangements for the examination of visa applications (OJ L 116, 26.4.2001, p. 2).
Council Regulation (EC) No 790/2001 of 24 April 2001 reserving to the Council implementing powers in respect of certain detailed provisions and practical arrangements for the implementation of monitoring and supervision of the Borders (OJ L 116, 26.4.2001, p. 5).
Council Decision 2001 /329/EC of 24 April 2001 on the updating of Part VI and Annexes 3, 6 and 13 of the Common Consular Instructions and of Annexes 5 (a), 6 (a) and 8 of the Common Manual (OJ L 116, 26.4.2001, p. 32), to the extent that it relates to the common consular instructions and to Annex 5 (a) of the Common Manual.
Council Directive 2001 /51/EC of 28 June 2001 to supplement the provisions of Article 26 of the Convention 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 laying down the list of third countries whose nationals are subject to the visa requirement to cross the external borders of the Member States And the list of those whose nationals are exempt from this obligation (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 establishing a uniform format for the affixing of a visa issued by the Member States to holders of a travel document not recognised by the Member State which establishes the Leaflet (OJ L 53, 23.2.2002, p. 4).
Council Regulation (EC) No 334/2002 of 18 February 2002 amending Regulation (EC) No 1683/95 establishing a uniform format for visas (OJ L 53, 23.2.2002, p. 7).
Council Decision 2002/192/EC of 28 February 2002 on the application by Ireland to participate in certain 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 declassification of the second part of the Common Manual adopted by the Executive Committee set up by the Convention implementing the Schengen Agreement of 14 June 1985 (OJ 1985 L 123, 9.5.2002, p. 49).
Council Regulation (EC) No 1030/2002 of 13 June 2002 establishing 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 aimed at strengthening the criminal framework for the suppression of illegal entry, transit and residence aid (OJ L 328, 5.12.2002, p. 1).
Council Directive 2002/90/EC of 28 November 2002 defining aid for 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 seconded by the law-enforcement authorities 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 on the list of third countries whose nationals are subject to the visa requirement to cross the external borders and the list of those countries Whose nationals are exempt from this obligation (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 controls on Common borders (OJ L 260, 11.10.2003, p. 37).
Council Directive 2003 /110/EC of 25 November 2003 on aid for transit in the context of removal measures by air (OJ L 321, 6.12.2003, p. 26).
Council Regulation (EC) No 377/2004 of 19 February 2004 on the establishment of a network of liaison officers Immigration " (OJ L 64, 2.3.2004, p. 1).
Council Decision 2004 /466/EC of 29 April 2004 amending the Common Manual to add a provision concerning 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 for 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 common flights for the removal from the territory of two or more Member States of third-country nationals who are subject to removal orders on the Territory of two or more Member States (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 obligation for the competent authorities of the Member States to make systematic composting of travel documents for third-country nationals at the time of the Crossing the external borders of the Member States and amending for this purpose the provisions of the Convention implementing the Schengen Agreement and the Common Manual (OJ L 369, 16.12.2004, p. 5).
Council Regulation (EC) No 2252/2004 of 13 December 2004 laying down standards for security features and biometrics in passports and travel documents issued by the Member States (OJ 2004 L 385, 29.12.2004, p. 1).


A N N E X E I I I
LIST REFERRED TO IN ARTICLE 16 OF THE PROTOCOL:
ADAPTATIONS OF THE 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:
-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 relating to 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 Lithuania, the Republic of Estonia, the Republic of Estonia, the Republic of Estonia, the Republic of Lithuania, the Republic of Lithuania, the Republic of 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);
-32003 R. 1653: Council Regulation (EC) No 1653/2003 of 18.6.2003 (OJ L 245, 29.9.2003, p. 36);
-32003 R. 1992: Council Regulation (EC) No 1992/2003 of 27.10.2003 (OJ L 296, 14.11.2003, p. 1);
-32004 R. 0422: Council Regulation (EC) No 42/2004 of 19.2.2004 (OJ L 70, 9.3.2004, p. 1).
In Article 159a, paragraph 1 is replaced by the following:
" 1. 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 " the new State Member States, ' new Member States), a Community trade mark registered or deposited in accordance with this Regulation before the respective dates of accession shall be extended to the territory of those Member States in order to have the same effect throughout the Community. "


II. -Supplementary Protection Certificates


1. 31992 R. 1768: Council Regulation (EEC) No 1768/92 of 18 June 1992 on the creation of a supplementary protection certificate for medicinal products (OJ L 182, 2.7.1992, p. 1), as amended by:
-11994 N: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21);
-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 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).
a) In Article 19a, the following points are added:
" (k) any medicinal product which is protected by a basic patent in force for which, as a medicinal product, a first marketing authorisation has been obtained after 1 January 2000 may give rise to the issue of a certificate in Bulgaria, provided that the application for a certificate has been filed within six months of the date of accession;
(l) any medicinal product which is protected by a basic patent in force and For which, as a medicinal product, a first marketing authorisation was obtained after 1 January 2000 may give rise to the issue of a certificate in Romania. In cases where the time limit laid down in Article 7 (1) has expired, the possibility of submitting an application for a certificate shall be open for a period of six months beginning at the latest on the date of accession. "
(b) Article 20 (2) is replaced by the following:
" 2. This Regulation shall apply to supplementary protection certificates issued in accordance with the national legislation of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Poland, Romania, Slovenia and Slovakia before their respective accession dates. "
2. 31996 R 1610: Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 on the creation of a supplementary protection certificate for plant protection products (OJ L 198, 8.8.1996, p. 30), as amended by:
-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).
a) In Article 19a, the following points are added:
" (k) any plant protection product which is protected by a basic patent in force for which, as a plant protection product, a first authorization to Market has been obtained after 1 January 2000 may give rise to a certificate in Bulgaria, provided that the application for a certificate has been filed within six months of the date of accession;
(l) any plant protection product which Is protected by a basic patent in force and for which, as a plant protection product, a first marketing authorisation has been obtained after 1 January 2000 may give rise to the issue of a certificate in Romania. In cases where the time limit laid down in Article 7 (1) has expired, the possibility of submitting an application for a certificate shall be open for a period of six months beginning at the latest on the date of accession. "
(b) Article 20 (2) is replaced by the following:
" 2. This Regulation shall apply to supplementary protection certificates issued in accordance with the national legislation of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Poland, Romania, Slovenia and Slovakia before their respective accession dates. "


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:
-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).
In Article 110a, paragraph 1 is replaced by the following:
" 1. 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 " the new State Member, "new Member States"), a Community design registered or deposited in accordance with this Regulation before the respective dates of accession shall be extended to the territory of those Member States in order to have the same effect in all 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:
-31992 R 3280: Council Regulation (EEC) No 3280/92 of 9.11.1992 (OJ L 327, 13.11.1992, p. 3);
-31994 R 3378: Regulation (EC) No 3378/94 of the European Parliament and of the Council of 22.12.1994 (OJ L 366, 31.12.1994, p. 1);
-11994 N: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21);
-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 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);
-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).
(a) In Article 1 (4) (i), the following point is added:
' (5) The name 'fruit spirits may be replaced by the name' palinca solely for the spirit drink produced in Romania. "
(b) In Annex II, the following geographical names are added:
-in point 4:" Vinars Târnave "," Vinars Vaslui "," Vinars Murfatlar "," Vinars Vrancea "," Vinars Segarcea " ;



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You can view the table in OJ
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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 aromatised wines, aromatised wine-based drinks and flavoured cocktails Wine-growing products (OJ L 149, 14.6.1991, p. 1), as amended by:
-31992 R 3279: Council Regulation (EEC) No 3279/92 of 9.11.1992 (OJ L 327, 13.11.1992, p. 1);
-11994 N: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21);
-31994 R 3378: Regulation (EC) No 3378/94 of the European Parliament and of the Council of 22.12.1994 (OJ L 366, 31.12.1994, p. 1);
-31996 R 2061: Regulation (EC) No 2061/96 of the European Parliament and of the Council of 08.10.1996 (OJ L 277, 30.10.1996, p. 1);
-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).
In Article 2 (3), the following subparagraph is inserted after point (h):
" (i) Pelin: a wine-based flavoured drink produced from white or red wine, concentrated grape must, grape juice (or beet sugar) and Of a specific dyeing of herbs, the alcoholic strength of which is 8.5 % by volume at least, the sugar content expressed in invert sugar of 45 to 50 grams per litre and the total acidity expressed in tartaric acid of at least 3 grams per litre Liter. "
and point (i) becomes point (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:
-11994 N: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21);
-31994 R 3290: Council Regulation (EC) No 3290/94 of 22.12.1994 (OJ L 349, 31.12.1994, p. 105);
-31995 R 0711: Council Regulation (EC) No 711/95 of 27.3.1995 (OJ L 73, 1.4.1995, p. 13);
-31996 R 0415: Council Regulation (EC) No 415/96 of 4.3.1996 (OJ L 59, 8.3.1996, p. 3);
-31996 R 2444: Council Regulation (EC) No 2444/96 of 17.12.1996 (OJ L 333, 21.12.1996, p. 4);
-31997 R 2595: Council Regulation (EC) No 2595/97 of 18.12.1997 (OJ L 351, 23.12.1997, p. 11);
-31998 R 1636: Council Regulation (EC) No 1636/98 of 20.7.1998 (OJ L 210, 28.7.1998, p. 23);
-31999 R 0660: Council Regulation (EC) No 660/1999 of 22.3.1999 (OJ L 83, 27.3.1999, p. 10);
-32000 R 1336: Council Regulation (EC) No 1336/2000 of 19.6.2000 (OJ L 154, 27.6.2000, p. 2);
-32002 R 0546: Council Regulation (EC) No 546/2002 of 25.3.2002 (OJ L 84, 28.3.2002, p. 4);
-32003 R 0806: Council Regulation (EC) No 806/2003 of 14.4.2003 (OJ L 122, 16.5.2003, p. 1);
-32003 R 2319: Council Regulation (EC) No 2319/2003 of 17.12.2003 (OJ L 345, 31.12.2003, 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 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).
(a) Annex, point V ' Sun-cured ", the following text is added:
" Molovata;
Ghimpati;
Bàràgan. "
(b) Annex, point VI" Basmas ", the following text is added:
" Djebel
Nevrokop
Dupnitsa
Melnik
Ustina
Harmanli
Krumovgrad
Iztochen Balkan
Topolovgrad
Svilengrad
Srednogorska yaka. "
(c) Annex, point VIII" Kaba Koulak (classic) ", the following text is added:
" Severna Bulgaria
Tekne. "
4. 31996 R 2201: Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the market in processed fruit and vegetable products (OJ L 297, 21.11.1996, p. 29), as amended by:
-31997 R 2199: Council Regulation (EC) No 2199/97 of 30.10.1997 (OJ L 303, 6.11.1997, p. 1);
-31999 R 2701: Council Regulation (EC) No 2701/1999 of 14.12.1999 (OJ L 327, 21.12.1999, p. 5);
-32000 R 2699: Council Regulation (EC) No 2699/2000 of 4.12.2000 (OJ L 311, 12.12.2000, p. 9);
-32001 R 1239: Council Regulation (EC) No 1239/2001 of 19.6.2001 (OJ L 171, 26.6.2001, p. 1);
-32002 R 0453: Commission Regulation (EC) No 453/2002 of 13.3.2002 (OJ L 72, 14.3.2002, p. 9);
-12003 T: Act relating to 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 Lithuania, the Republic of Estonia, the Republic of Estonia, the Republic of Estonia, the Republic of Lithuania, the Republic of Lithuania, the Republic of 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 R 0885: Commission Regulation (EC) No 386/2004 of 1.3.2004 (OJ L 64, 2.3.2004, p. 25).
Annex III is replaced by the following text:


" A N N E X E I I
SEUILS DE TRANSFORMATION REFERRED TO IN ARTICLE 5
MATERIALS


(In Tonnes)


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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 scheme of premiums, production quotas and specific aid to be granted to Producer groups in the raw tobacco sector (OJ L 358, 31.12.1998, p. 17), as amended by:
-31999 R 0510: Commission Regulation (EC) No 510/1999 of 8.3.1999 (OJ L 60, 9.3.1999, p. 54);
-31999 R 0731: Commission Regulation (EC) No 731/1999 of 7.4.1999 (OJ L 93, 8.4.1999, p. 20);
-31999 R 1373: Commission Regulation (EC) No 1373/1999 of 25.6.1999 (OJ L 162, 26.6.1999, p. 47);
-31999 R 2162: Commission Regulation (EC) No 2162/1999 of 12.10.1999 (OJ L 265, 13.10.1999, p. 13);
-31999 R 2637: Commission Regulation (EC) No 2637/1999 of 14.12.1999 (OJ L 323, 15.12.1999, p. 8);
-32000 R 0531: Commission Regulation (EC) No 531/2000 of 10.3.2000 (OJ L 64, 11.3.2000, p. 13);
-32000 R 0909: Commission Regulation (EC) No 909/2000 of 2.5.2000 (OJ L 105, 3.5.2000, p. 18);
-32000 R 1249: Commission Regulation (EC) No 1249/2000 of 15.6.2000 (OJ L 142, 16.6.2000, p. 3);
-32001 R 385: Commission Regulation (EC) No 385/2001 of 26.2.2001 (OJ L 57, 27.2.2001, p. 18);
-32001 R 1441: Commission Regulation (EC) No 1441/2001 of 16.7.2001 (OJ L 193, 17.7.2001, p. 5);
-32002 R 0486: Commission Regulation (EC) No 486/2002 of 18.3.2002 (OJ L 76, 19.3.2002, p. 9);
-32002 R 1005: Commission Regulation (EC) No 1005/2002 of 12.6.2002 (OJ L 153, 13.6.2002, p. 3);
-32002 R 1501: Commission Regulation (EC) No 1501/2002 of 22.8.2002 (OJ L 227, 23.8.2002, p. 16);
-32002 R 1983: Commission Regulation (EC) No 1983/2002 of 7.11.2002 (OJ L 306, 8.11.2002, p. 8);
-32004 R 1809: Commission Regulation (EC) No 1809/2004 of 18.10.2004 (OJ L 318, 19.10.2004, p. 18).
Annex I is replaced by the following:


" A N N E X E I


PERCENTAGES OF THE GUARANTEE SEUIL BY MEMBER STATE OR SPECIFIC REGION FOR THE RECOGNITION OF PRODUCERS ' GROUPINGS


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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:
-32000 R 1622: Commission Regulation (EC) No 1622/2000 of 24.7.2000 (OJ L 194, 31.7.2000, p. 1);
-32000 R 2826: Council Regulation (EC) No 2826/2000 of 19.12.2000 (OJ L 328, 23.12.2000, p. 2);
-32001 R 2585: Council Regulation (EC) No 2585/2001 of 19.12.2001 (OJ L 345, 29.12.2001, p. 10);
-32003 R 0806: Council Regulation (EC) No 806/2003 of 14.4.2003 (OJ L 122, 16.5.2003, p. 1);
-12003 T: Act relating to 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 Lithuania, the Republic of Estonia, the Republic of Estonia, the Republic of Estonia, the Republic of Lithuania, the Republic of Lithuania, the Republic of 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);
-32003 R 1795: Commission Regulation (EC) No 1795/2003 of 13.10.2003 (OJ L 262, 14.10.2003, p. 13).
a) Section 6 is completed by the following paragraph:
" 5. In the case of Bulgaria and Romania, newly created planting rights are allocated for the production of V.Q.P.R.D. for 1.5 % of the total vineyard area, which represents 2,302.5 hectares for Bulgaria and 2 830.5 Hectares for Romania from the date of accession. These rights shall be allocated to a national reserve subject to the application of Article 5. "
(b) In Annex III (wine-growing areas), point 2 shall be supplemented by the following:
" (g) in Romania, in the region of Podisul Transilvaniei ".
(c) In Annex III (wine-growing areas), the last sentence of point 3 is replaced by the text Following:
" (d) in Slovakia, the Tokay
region " (e) in Romania, the areas planted in vines not mentioned in points 2 g or 5 f. "
(d) In Annex III (wine-growing areas), point 5 shall be supplemented by the following:
" (e) in Bulgaria, the areas under vines in the following areas: Dunavska Ravnina, Chernomorski Rayon, Rozova Dolina.
" (f) In Romania, the areas under vines of the regions listed below: Dealuril Buzaului, Dealu Mare, Severinului and Plaiurile Drancei, Colinele Dobrogei, Terasele Dunarii, the wine region of the south of the country, including the sandy areas and Other suitable areas. "
(e) In Annex III (wine-growing areas), point 6 is supplemented by the following:
" In Bulgaria, the wine-growing area C III comprises areas under vines which are not included in point 5 (e).
(f) Annex V, point D 3, the 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:
-32002 R 0651: Commission Regulation (EC) No 651/2002 of 16.4.2002 (OJ L 101, 17.4.2002, p. 3);
-12003 T: Act relating to 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 Lithuania, the Republic of Estonia, the Republic of Estonia, the Republic of Estonia, the Republic of Lithuania, the Republic of Lithuania, the Republic of 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);
-32003 R 1782: Council Regulation (EC) No 1782/2003 of 29.9.2003 (OJ L 270, 21.10.2003, p. 1);
-32004 R 0393: Council Regulation (EC) No 393/2004 of 24.2.2004 (OJ L 65, 3.3.2004, p. 4).
a) In Article 3, paragraph 1 is replaced by the following:
" 1. A maximum guaranteed quantity of 80 878 tonnes per marketing year shall be established for long flax fibres and distributed among all Member States in the form of national guaranteed quantities. The distribution of this quantity is as follows:
-13 800 tonnes for Belgium;
-13 tonnes for Bulgaria;
-1 923 tonnes for the Czech Republic;
-300 tonnes for Germany;
-30 tonnes for Estonia;
- 50 tonnes for Spain;
-55 800 tonnes for France;
-360 tonnes for Latvia;
-2,263 tonnes for Lithuania;
-4 800 tonnes for the Netherlands;
-150 tonnes for Austria;
-924 tonnes for Poland ;
-50 tonnes for Portugal;
-42 tonnes for Romania;
-73 tonnes for Slovakia;
-200 tonnes for Finland;
-50 tonnes for Sweden;
-50 tonnes for the United Kingdom. "
(b) In Article 3 (2), the introductory phrase and point a are replaced by the following:
" 2. A maximum guaranteed quantity of 147 265 tonnes per marketing year is established for short flax fibre and hemp fibre for which the aid may be granted. This quantity is distributed in the form of:
a) National guaranteed quantities for the following Member States:
-10,350 tonnes for Belgium;
-48 tonnes for Bulgaria;
-2 866 tonnes for the Czech Republic;
-12,800 Tonnes for Germany;
-42 tonnes for Estonia;
-20 000 tonnes for Spain;
-61 350 tonnes for France;
-1,313 tonnes for Latvia;
-3,463 tonnes for Lithuania;
-2,061 tonnes for Hungary ;
-5,550 tonnes for the Netherlands;
-2 500 tonnes for Austria;
-462 tonnes for Poland;
-1 750 tonnes for Portugal;
-921 tonnes for Romania;
-189 tonnes for Slovakia;
-2,250 tonnes for Finland;
-2 250 tonnes for Sweden;
-12 100 tonnes for the United Kingdom.
However, in the case of Hungary, the national guaranteed quantity concerns hemp fibre only. "
8. 32003 R 1782: Council Regulation (EC) No 1782/2003 of 29 September 2003 laying down common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for the Farmers and amending Regulations (EEC) No 2019/93, (EC) Nos 1452/2001, 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 October 2003), as amended by:
-32004 R 0021: Council Regulation (EC) No 21/2004 of 17.12.2003 (OJ L 5, 9 January 2004, p. 8);
-32004 R 0583: Council Regulation (EC) No 583/2004 of 22.3.2004 (OJ L 91, 30.3.2004, p. 1);
-32004 D 0281: Council Decision 2004 /281/EC of 22.3.2004 (OJ L 93, 30.3.2004, p. 1);
-32004 R 0864: Council Regulation (EC) No 864/2004 of 29.4.2004 (OJ L 161, 30.4.2004, p. 48).
a) In Article 2, point (g) is replaced by the following:
" (g) " New member states " : Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia. "
(b) In Article 5 (2), the following sentence is added at the end of the first subparagraph:
" However, Bulgaria and Romania shall ensure that the land for permanent pasture on 1 January 2007 remains. "
(c) In Article 54 (2), the following sentence is added at the end of the first paragraph:
" However, as far as Bulgaria and Romania are concerned, the date for applications for surface aid is 30 June 2005. "
d) In article 71 octies, the following text is added:
" 9. With regard to Bulgaria and Romania:
a) the three-year reference period referred to in paragraph 2 shall be extended from 2002 to 2004;
(b) the year referred to in paragraph 3 (a) shall be 2004;
(c) in the first subparagraph of paragraph 4, Substitute the years 2005 and/or 2006 when the years 2004 and/or 2005 are mentioned, and 2005 when the year 2004 is mentioned. "
e) In article 71 h, the following text is added:
" However, as regards Bulgaria and Romania, the date of 30 June 2005 supersede the date of 30 June 2003. "
(f) In Article 74, paragraph 1 is replaced by the following:
" 1. The aid shall be granted for national base areas in the traditional production areas listed in Annex X.
The basic area shall be as follows:


Bulgaria 21 800 ha
Greece 617 000 Ha
Spain 594 000 ha
France 208 000 ha
Italy 1 646 000 ha
Cyprus 6 183 ha
Hungary 2 500 ha
Austria 7,000 ha
Portugal 118 000 ha "


g) Article 78, the Paragraph 1 is replaced by the following:
" 1. A maximum guaranteed area of 1 648 000 ha eligible for the aid is thus established. "
(h) In Article 80, paragraph 2 is replaced by the following:
" 2. The aid is set as follows, in proportion to the returns in the Member States concerned:


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i) Article 81 shall be replaced by the following:


" Article 81
Superficies


A national base area is hereby established for each producing Member State. However, for France, two base areas are established. The base areas are as follows:


Bulgaria 4 166 ha
Greece 20 333 ha
Spain 104 973 ha


France


-metropolitan territory: 19,050 Ha
-French Guiana 4 190 ha
Italy 219 588 ha
Hungary 3 222 ha
Portugal 24 667 ha
Romania 500 ha


A Member State may subdivide its base area (s) into sub-areas Based on objective criteria. "
j) Article 84 is replaced by the following:


" Article 84
Superficies


1. A Member State shall grant Community aid within a ceiling calculated by multiplying the number of hectares corresponding to its NSE, as set out in paragraph 3, by the average amount of EUR 120.75.
2. A maximum guaranteed area of 829 229 ha is thus established.
3. The maximum guaranteed area referred to in paragraph 2 shall be divided into the NSE as follows:


Guaranteed National Superficies
(SNG)


Belgium 100 ha
Bulgaria 11,984 ha
Germany 1 500 ha
Greece 41 100 ha
Spain 568 200 ha
France 17 300 ha
Italy 130 100 ha
Cyprus 5 100 ha
Luxembourg 100 ha
Hungary 2 900 ha
Netherlands 100 ha
Austria 100 ha
Poland 4 200 ha
Portugal 41 300 ha
Romania 1 645 ha
Slovenia 300 ha
Slovakia 3 100 ha
United Kingdom 100 ha


4. A Member State may subdivide its NSE into sub-areas according to objective criteria, in particular on a regional scale or in relation to production. "
(k) In Article 95 (4), the following paragraphs are added:
" As regards Bulgaria and Romania, the total quantities referred to in the first subparagraph are set out in table f of Annex I to Regulation (EC) No 1788-2003 of the Council and are reappointed in accordance with the sixth subparagraph of Article 6 (1) of Council Regulation (EC) No 1788-2003.
With regard to Bulgaria and Romania, the 12-month period referred to in the first subparagraph shall be that which corresponds To the years 2006-2007. "
(l) In the second paragraph of Article 103, the following sentence is added:
" However, in the case of Bulgaria and Romania, the condition of application of this paragraph is that the single surface payment scheme shall be applied in 2007 and that it was chosen to apply section 66. "
m) In Article 105, paragraph 1 is replaced by the following:
" 1. A supplement to the payment on the surface of:
-291 EUR per hectare for the marketing year 2005/2006;
-EUR 285 per hectare for the marketing year 2006/2007,
is paid for the area seeded to durum wheat in The traditional production areas listed in Annex X, with respect to the following ceilings:


(In hectares)


Bulgaria


21 800


Greece


617000


Spain


594 000


France


208 000


Italy


1 646 000


Cyprus


6 183


Hungary


2 500


Austria


7,000


Portugal


118000 "


n) In the second paragraph of Article 108, the following sentence is added:
" However, in the case of Bulgaria and Romania, requests for payment cannot be made Presented for land that, as at 30 June 2005, was devoted to permanent pasture, permanent crops, forests, or non-agricultural uses. "
(o) In Article 110c, paragraph 1 is replaced by the following:
" 1. A national base area is established for the following countries:
Bulgaria 10 237 ha
Greece 370 000 ha
Spain 70 000 ha
Portugal 360 ha "
p) In Article 110c, paragraph 2 is replaced by the following :
" 2. The amount of the aid per eligible hectare is as follows:
Bulgaria: 263 EUR;
Greece: 594 EUR for 300 000 hectares and EUR 342.85 for the remaining 70 000 hectares;
Spain: EUR 1 039;
Portugal: EUR 556. "
(q) In Article 116, paragraph 4 is replaced by the following:
" 4. The following ceilings apply:


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r) In Article 123, paragraph 8 is replaced by the following text :
" 8. The following regional ceilings apply:


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s) In Article 126, paragraph 5 is replaced by the text Following:
" 5. The following national ceilings apply:


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t) In Article 130 (3), the second subparagraph is Replaced by following text:
" For the new Member States, the national ceilings are those shown in the following table:


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u) In Article 143a, the following text is added:
" However, in the case of Bulgaria and Romania, direct payments shall be introduced in accordance with the following schedule, the figures Corresponding to the percentage of the applicable level of these payments in the Community in its composition as at 30 April 2004:
-25 % in 2007;
-30 % in 2008;
-35 % in 2009;
-40 % in 2010;
-50 % in 2011;
-60 % in 2012 ;
-70 % in 2013;
-80 % in 2014;
-90 % in 2015;
-100 % starting in 2016. "
(v) In Article 14b (4), the following subparagraph is added:
" However, as regards Bulgaria and Romania, the agricultural area for the purposes of the single area payment scheme is the part of the agricultural area Which has been maintained in good agricultural conditions, whether or not it is exploited, and, where appropriate, adapted in accordance with the objective criteria which will be defined by Bulgaria or Romania after approval by the Commission. "
(w) In Article 143b, paragraph 9 is replaced by the following:
" 9. For each new Member State, the single area payment scheme is proposed for a period of application up to the end of 2006 renewable twice for one year at the request of the new Member State. However, in the case of Bulgaria and Romania, the single area payment scheme is proposed for a period of application up to the end of 2009 renewable twice for one year at their request. Subject to the provisions of paragraph 11, any new Member State may decide to terminate the application of the scheme at the end of the first or second year of the application period, with a view to the application of the payment scheme Unique. The new Member States shall notify the Commission of their intention to terminate the application of the scheme by 1 August of the last year of application. "
(x) In Article 14b (11), the following subparagraph is added:
" With regard to Bulgaria and Romania, up to the end of the 5-year period of application of the single area payment scheme (i.e. 2011), the percentage Article 143a (2) shall apply. If the application of the single area payment scheme is extended beyond that date in accordance with a decision taken under point b, the percentage set out in Article 143a (2) for the year 2011 shall apply until the end The last year of application of the single area payment plan. "
y) In Article 143c, paragraph 2 is replaced by the following:
" 2. The new Member States have the right, subject to the Commission's authorisation, to supplement direct payments up to:
(a) for all direct payments, 55 % of the level of direct payments in the Community in its composition as at 30 April 2004 in 2004, 60 % in 2005, 65 % in 2006 and, from 2007, up to 30 percentage points above the applicable level referred to in Article 143a, during the year concerned. With regard to Bulgaria and Romania, the following rates apply: 55 % of the level of direct payments in the Community in its composition as at 30 April 2004 in 2007, 60 % in 2008, 65 % in 2009 and, from 2010, up to 30 points Of the percentage above the applicable level referred to in Article 143a (2) during the year concerned. However, the Czech Republic may supplement direct payments in the potato starch sector up to 100 % of the level applicable in the Community in its composition as at 30 April 2004. However, as regards the direct payments referred to in Chapter 7 of Title IV of this Regulation, the following maximum rates apply: 85 % in 2004, 90 % in 2005, 95 % in 2006 and 100 % from 2007. As far as Bulgaria and Romania are concerned, the following maximum rates are applicable: 85 % in 2007, 90 % in 2008, 95 % in 2009 and 100 % from 2010;
or
b) i) with regard to direct payments other than those under the The single payment scheme, of the total amount of direct aid to which the operator would have been entitled, produced by product, in the new Member State concerned, in the 2003 calendar year under a national scheme similar to those of the CAP, Increased by 10 percentage points. However, in the case of Lithuania, the reference year is the calendar year 2002. For Bulgaria and Romania, the reference year is the calendar year 2006. As regards Slovenia, the increase is 10 percentage points in 2004, 15 percentage points in 2005, 20 percentage points in 2006 and 25 percentage points in 2007;
ii) with regard to the payment scheme Of the total amount of the supplementary direct national aid which may be granted by a new Member State in a given year, within the limits of a specific financial envelope. This financial envelope corresponds to the difference between:
-the total amount of national direct aid similar to that of the CAP which would be available in the new Member State concerned for the calendar year 2003 or, in the case of the Lithuania, for the calendar year 2002, increased each time by 10 percentage points. However, in the case of Bulgaria and Romania, the reference year is the calendar year 2006. As regards Slovenia, the increase is 10 percentage points in 2004, 15 percentage points in 2005, 20 percentage points in 2006 and 25 percentage points in 2007,
and
-the national ceiling for this new Member State as set out in Annex VIIIa, as amended, where appropriate, in accordance with Article 64 (2) and Article 70 (2
. For the purposes of calculating the total amount referred to in the first indent above, it should be included National direct payments and/or their constituent elements corresponding to Community direct payments and/or their constituent elements which have been taken into account in calculating the actual ceiling of the new Member State concerned in accordance with Article 64 (2), Article 70 (2) and Article 7c.
For each direct payment concerned, a new Member State may choose to apply either variant (a) and (b) above.
The total amount Direct aid which may be paid to the operator in the new Member States after accession under the applicable direct payment scheme, including any supplementary national direct payment, does not exceed the level of direct aid to Which this operator would be entitled under the corresponding direct payment scheme, as it would then apply to the Member States in the Community in its composition as at 30 April 2004. "
z) In Article 154 bis, paragraph 2 is replaced by the following:
" 2. The measures referred to in paragraph 1 may be taken for a period beginning on 1 May 2004 and expiring on 30 June 2009, with their application limited to that date. However, as regards Bulgaria and Romania, the said period starts on 1 January 2007 and expires on 31 December 2011. The Council, acting by a qualified majority on a proposal from the Commission, may extend these periods. "
aa) In Annex III, the following footnotes are added:
under point A:
" (*) With regard to Bulgaria and Romania, the first year of application of the payment scheme should be replaced in 2005 Unique. "
under point B:
" (*) With regard to Bulgaria and Romania, the second year of application of the single payment scheme should be replaced in 2006. "
and under point C:
" (*) With regard to Bulgaria and Romania, the third year of application of the single payment scheme should be substituted for 2007. "
ab) Annex VIIIa is replaced by the following:


" A N N E X E V I I I B I S
NATIONAL PLAFONDS REFERRED TO IN ARTICLE 71 QUATER


The ceilings have been calculated taking into account the Steps defined in the calendar provided for in item 143 bis and are therefore not reduced.


(In millions of euros)



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ac) In Annex X, the following text is added:
"
Starozagorski
Haskovski
Slivenski
Yambolski
Burgaski
Dobrichki
Plovdivski. "
ad) Annex XI ter is replaced by the following:


" A N N E X E X I T E R


NATIONAL GRANDS OF CULTURES AND REFERENCE PERFORMANCE IN NEW MEMBER STATES, SUBJECT TO ARTICLES 101 AND 103


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9. 32003 R 1788: Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing an additional levy in the milk and milk products sector (OJ L 270, 21.10.2003, p. 123), as amended by:
-32004 D 0281: Council Decision 2004 /281/EC of 22.3.2004 (OJ L 93, 30.3.2004, p. 1).
(a) In Article 1 (4), the following subparagraph is added:
" 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 from 1 April 2009 as the own consumption of milk and milk products from farms in each of these countries has decreased since 2002. The decision on the release of the reserve and the distribution of the reserve between deliveries and quota " direct sales 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 describes in detail the results and trends of the restructuring process of the national dairy sector and, in particular, the transition from production to market-oriented production. "
(b) In Article 1, paragraph 5 is replaced by the following:
" 5. For Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia, the national reference quantities include all quantities of milk or Of milk equivalent delivered to a purchaser or sold directly, as defined in Article 5 of this Regulation, even if it is produced or marketed under a transitional measure applicable in those countries. "
(c) Article 1 shall be supplemented by the following paragraph:
" 6. As regards Bulgaria and Romania, the levy is applicable as from 1 April 2007. "
(d) In Article 6 (1), the second and third subparagraphs shall be replaced by the following:
" For Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia, the basis for the calculation of the reference quantities referred to in Table (f) of Annex I.
In the case of Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Of Malta, Poland, Romania, Slovenia and Slovakia, the twelve-month period for establishing the individual reference quantities begins: on 1 April 2001 for Hungary, on 1 April 2002 for Malta and Lithuania, On 1 April 2003 for the Czech Republic, Cyprus, Estonia, Latvia and Slovakia on 1 April 2004 for Poland and Slovenia and 1 April 2006 for Bulgaria and Romania. "
(e) In Article 6 (1), the following subparagraph is added:
" For Bulgaria and Romania, the distribution of the total quantity between deliveries and direct sales, as shown in table (f) of Annex I, is reviewed On the basis of actual figures for deliveries and direct sales for 2006 and, if necessary, as amended by the Commission in accordance with the procedure laid down 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 The reference fat content referred to in paragraph 1 shall be the same as the reference 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) In Article 9 (5), the following subparagraph is added:
" For Romania, the reference fat content set out in Annex II is reviewed on the basis of the figures for the whole of 2004 and, if necessary, Amended by the Commission in accordance with the procedure laid down in Article 23 (2). "
h) Annex I, tables (d), (e), (f) and (g) are replaced by the following tables:
" D) Period 2007/2008:


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" E) Periods 2008/2009 to 2014/2015:


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" (f) Reference quantities for deliveries and Direct sales referred to in the second subparagraph of Article 6 (1):


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" (g) Quantities of special reserve For restructuring referred to in Article 1 (4):


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i) In Annex II, the table is replaced by the Next table:


" GRASSE REFERENCE RATES



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3. TRANSPORT POLICY


31996 L 0026: Council Directive 96 /26/EC of 29 April 1996 on access to the occupation of road haulage operator and carrier as well as recognition To promote the effective exercise of the freedom of establishment of such transporters in the field of national and international transport (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 relating to 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 Lithuania, the Republic of Lithuania, the Republic of Lithuania, the Republic of Lithuania, the Republic of Lithuania, the Republic of Lithuania, the Republic of 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) In Article 10, the following paragraphs are added:
" 11. By way of derogation from paragraph 3, certificates issued to carriers by road before the date of accession in Bulgaria shall be treated as certificates issued under the provisions of this Directive only if they have been issued :
-to international carriers of goods and passengers by road since 19 November 2002, pursuant to Order No. 11 of 31 October 2002 on the international carriage of passengers and goods by road (Official Journal N 108 of 19 November 2002);
-the national carriers of goods and passengers by road since 19 November 2002 pursuant to Order No. 33 of 3 November 1999 on the public transport of passengers and goods on the Territory of Bulgaria, as amended on 30 October 2002 (Official Journal 108 of 19 November 2002).
12. By way of derogation from paragraph 3, certificates issued to carriers by road before the date of accession in Romania shall be treated as certificates issued under the provisions of this Directive only if they have been issued Since 28 January 2000 to international and national transport operators of goods and passengers by road pursuant to the Decree of the Minister of Transport n 761 of 21 December 1999 on recruitment, training and Professional certification of persons permanently and effectively coordinating road transport activities. "
(b) In Article 10b, the last paragraph is replaced by the following:
" The certificates of professional competence referred to in Article 10 (4) to (12) may be re-issued by the Member States concerned in the form of Of the certificate presented 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 Of 13.6.1977, p. 1), as amended by:
-11979 H: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Hellenic Republic (OJ L 291, 19.11.1979, p. 95);
-31980 L. 0368: Council Directive 80 /368/EEC of 26.3.1980 (OJ L 90, 3.4.1980, p. 41);
-31984 L. 0386: Council Directive 84 /386/EEC of 31.7.1984 (OJ L 208, 3.8.1984, p. 58);
-11985 I: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302, 15.11.1985, p. 167);
-31989 L 0465: Council Directive 89 /465/EEC of 18.7.1989 (OJ L 226, 3.8.1989, p. 21);
-31991 L 0680: Council Directive 91 /680/EEC of 16.12.1991 (OJ L 376, 31.12.1991, p. 1);
-31992 L 0077: Council Directive 92/77/EEC of 19.10.1992 (OJ L 316, 31.10.1992, p. 1);
-31992 L 0111: Council Directive 92/111/EEC of 14.12.1992 (OJ L 384, 30.12.1992, p. 47);
-31994 L 0004: Council Directive 94 /4/EC of 14.2.1994 (OJ L 60, 3.3.1994, p. 14);
-31994 L 0005: Council Directive 94 /5/EC of 14.2.1994 (OJ L 60, 3.3.1994, p. 16);
-31994 L 0076: Council Directive 94 /76/EC of 22.12.1994 (OJ L 365, 31.12.1994, p. 53);
-31995 L 0007: Council Directive 95 /7/EC of 10.4.1995 (OJ L 102, 5.5.1995, p. 18);
-31996 L 0042: Council Directive 96 /42/EC of 25.6. 1996 (OJ L 170, 9.7.1996, p. 34);
-31996 L 0095: Council Directive 96 /95/EC of 20.12.1996 (OJ L 338, 28.12.1996, p. 89);
-31998 L 0080: Council Directive 98 /80/EC of 12.10.1998 (OJ L 281, 17.10.1998, p. 31);
-31999 L 0049: Council Directive 1999 /49/EC of 25.5.1999 (OJ L 139, 2.6.1999, p. 27);
-31999 L 0059: Council Directive 1999 /59/EC of 17.6.1999 (OJ L 162, 26.6.1999, p. 63);
-31999 L 0085: Council Directive 1999 /85/EC of 22.10.1999 (OJ L 277, 28.10.1999, p. 34);
-32000 L 0017: Council Directive 2000 /17/EC of 30.3.2000 (OJ L 84, 5.4.2000, p. 24);
-32000 L 0065: Council Directive 2000 /65/EC of 17.10.2000 (OJ L 269, 21.10.2000, p. 44);
-32001 L 0004: Council Directive 2001 /4/EC of 19.1.2001 (OJ L 22, 24.1.2001, p. 17);
-32001 L 0115: Council Directive 2001 /115/EC of 20.12.2001 (OJ L 15, 17.1.2002, p. 24);
-32002 L 0038: Council Directive 2002/38/EC of 7.5.2002 (OJ L 128, 15.5.2002, p. 41);
-32002 L 0093: Council Directive 2002/93/EC of 3.12.2002 (OJ L 331, 7.12.2002, p. 27);
-12003 T: Act relating to 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 Lithuania, the Republic of Estonia, the Republic of Estonia, the Republic of Estonia, the Republic of Lithuania, the Republic of Lithuania, the Republic of 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);
-32003 L 0092: Council Directive 2003 /92/EC of 7.10.2003 (OJ L 260, 11.10.2003, p. 8);
-32004 L 0007: Council Directive 2004 /7/EC of 20.1.2004 (OJ L 27, 30.1.2004, p. 44);
-32004 L 0015: Council Directive 2004 /15/EC of 10.2.2004 (OJ L 52, 21.2.2004, p. 61);
-32004 L 0066: Council Directive 2004 /66/EC of 26.4.2004 (OJ L 168, 1.5.2004, p. 35).
In Article 24a, the following indent shall be added before the indent ' -in the Czech Republic: EUR 35 000 ' :
" -in Bulgaria: EUR 25 600; '
and the following indent shall be inserted after the words: ' -in Poland: EUR 10 000 ' :
" -in Romania: 35 000 EUR; ".
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:
-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).
a) In Article 22, paragraph 6 is replaced by the following:
" 6. Bulgaria and the Czech Republic may apply a reduced rate of excise duty of at least 50 % of the normal national rate of excise duty on ethyl alcohol, on ethyl alcohol produced by fruit growers' distilleries each year 10 hectolitres of ethyl alcohol from fruit supplied to them by fruit growers' households. The application of the reduced rate shall be limited to 30 litres of fruit alcohol per year and per household of fruit growers, intended exclusively for their personal consumption. "
(b) In Article 22, paragraph 7 is replaced by the following:
" 7. Hungary, Romania and Slovakia may apply a reduced rate of excise duty of at least 50 % of the normal national rate of excise duty on ethyl alcohol, on ethyl alcohol produced by fruit growers' distilleries each year More than 10 hectolitres of ethyl alcohol from fruit supplied to them by fruit growers' households. The application of the reduced rate shall be limited to 50 litres of fruit alcohol per year and per household of fruit growers, intended exclusively for their personal consumption. The Commission will review this regime in 2015 and submit a report to the Council on possible changes. "


A N N E X E I V


LIST REFERRED TO IN ARTICLE 17 OF THE PROTOCOL: COMPLEMENTARY ADAPTATIONS OF THE INSTITUTIONS ADOPTED BY THE INSTITUTIONS


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, adapts The rules governing the common organisation of the markets in the sugar sector in order to take account of the accession of Bulgaria and Romania, thus adapting the quotas for sugar and isoglucose and the maximum needs Supply of imported raw sugar, as indicated in the table below, which can be adapted in the same way as quotas for the current Member States, in order to ensure compliance with the principles and objectives of the organisation Common market in the sugar sector then in force.
Agreed Quantities:


(Weight in tonnes)


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If requested in 2006, the base quantities for the above sugar A and B will be transferred to Bulgaria base quantities A and B, respectively, for isoglucose.
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 scheme of premiums, production quotas and specific aid to be granted to Producer groups in the raw tobacco sector (OJ L 358, 31.12.1998, p. 17), as amended by:
-31999 R 0510: Commission Regulation (EC) No 510/1999 of 8.3.1999 (OJ L 60, 9.3.1999, p. 54);
-31999 R 0731: Commission Regulation (EC) No 731/1999 of 7.4.1999 (OJ L 93, 8.4.1999, p. 20);
-31999 R 1373: Commission Regulation (EC) No 1373/1999 of 25.6.1999 (OJ L 162, 26.6.1999, p. 47);
-31999 R 2162: Commission Regulation (EC) No 2162/1999 of 12.10.1999 (OJ L 265, 13.10.1999, p. 13);
-31999 R 2637: Commission Regulation (EC) No 2637/1999 of 14.12.1999 (OJ L 323, 15.12.1999, p. 8);
-32000 R 0531: Commission Regulation (EC) No 531/2000 of 10.3.2000 (OJ L 64, 11.3.2000, p. 13);
-32000 R 0909: Commission Regulation (EC) No 909/2000 of 2.5.2000 (OJ L 105, 3.5.2000, p. 18);
-32000 R 1249: Commission Regulation (EC) No 1249/2000 of 15.6.2000 (OJ L 142, 16.6.2000, p. 3);
-32001 R 0385: Commission Regulation (EC) No 385/2001 of 26.2.2001 (OJ L 57, 27.2.2001, p. 18);
-32001 R 1441: Commission Regulation (EC) No 1441/2001 of 16.7.2001 (OJ L 193, 17.7.2001, p. 5);
-32002 R 0486: Commission Regulation (EC) No 486/2002 of 18.3.2002 (OJ L 76, 19.3.2002, p. 9);
-32002 R 1005: Commission Regulation (EC) No 1005/2002 of 12.6.2002 (OJ L 153, 13.6.2002, p. 3);
-32002 R 1501: Commission Regulation (EC) No 1501/2002 of 22.8.2002 (OJ L 227, 23.8.2002, p. 16);
-32002 R 1983: Commission Regulation (EC) No 1983/2002 of 7.11.2002 (OJ L 306, 8.11.2002, p. 8);
-32004 R 1809: Commission Regulation (EC) No 1809/2004 of 18.10.2004 (OJ L 318, 19.10.2004, p. 18).
Where appropriate, and in accordance with 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 (1); the Commission shall adopt, for the date Accession, the necessary amendments to the Community list of recognised production zones set out in Annex II to Regulation (EC) No 2848/98 in order to take account of the accession of Bulgaria and Romania, in particular with a view to inserting Bulgarian and Romanian tobacco production areas in this list.

(1) OJ L 215, 30.7.1992, p. 70.


3. 32003 R 1782: Council Regulation (EC) No 1782/2003 of 29 September 2003 laying down common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for the Farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (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:
-32004 R 0021: Council Regulation (EC) No 21/2004 of 17.12.2003 (OJ L 5, 9.1.2004, p. 8);
-32004 R 0583: Council Regulation (EC) No 583/2004 of 22.3.2004 (OJ L 91, 30.3.2004, p. 1);
-32004 D 0281: Council Decision 2004 /281/EC of 22.3.2004 (OJ L 93, 30.3.2004, p. 1);
-32004 R 0864: Council Regulation (EC) No 864/2004 of 29.4.2004 (OJ L 161, 30.4.2004, p. (48).
(a) The Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt the provisions necessary for Bulgaria and Romania to integrate seed aid into the Support referred to in Title III, Chapter 6, and Title IVa of Regulation (EC) No 1782/2003.
(i) These provisions will bear in particular the adaptation of Annex XI " Ceilings applicable to seed aid in the new Member States referred to in Article 99 (3) " Regulation (EC) No 1782/2003 as amended by Regulation (EC) No 583/2004, which will be amended as follows:


" A N N E X E X I B I S
PLAFONDS IN SUPPORT OF SEEDS NEW MEMBER STATES,
REFERRED TO IN ARTICLE 99, PARAGRAPH 3


(In millions of euros)


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ii) The distribution by country of the maximum amount of seed eligible for assistance is as follows:


MAXIMUM QUANTITATED QUANTITY
OF THRESHOLDS OF SEEDS THAT MAY BE FICIENED FOR ASSISTANCE


(In tonnes)



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b) The Council, acting by a majority Qualified on a proposal from the Commission, and after consulting the European Parliament, shall adopt the provisions necessary for Bulgaria and Romania to include aid for tobacco in the support schemes provided for in Title III, Chapter 6, and Title IVa, of Regulation (EC) No 1782/2003.
The distribution of national guarantee thresholds for tobacco is as follows:


DISTRIBUTION OF
GUARANTEE FOR TOBACCO


(In tonnes)


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B. -Veterinary and plant health 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 in accordance with the procedure referred to in Article 26 (3) of Directive 1999 /105/EC, the Commission shall adapt Annex I to this Directive with regard to forest species Pinus peuce Griseb., Fagus orientalis Lipsky, Quercus frainetto Ten. And Tilia tomentosa Moench.


A N N E X E V
LIST UNDER SECTION 18 OF THE PROTOCOL:
OTHER PERMANENT PROVISIONS
1. COMPANY LAW


Treaty establishing a Constitution for Europe, Part III, Title I, Chapter I, Section 3-Free movement of goods.


Specific mechanism


In the case of Bulgaria or Romania, the holder, or the holder's right holder, of a patent or a supplementary protection certificate issued for a medicinal product and deposited in a Member State on a date on which such protection does not May not be obtained for this product in any of the new Member States mentioned above, may invoke the rights conferred by that patent or this supplementary protection certificate to prevent the importation and marketing of that product In the Member State or Member States where the product in question enjoys the protection of a patent or a supplementary protection certificate, even if that product has been marketed for the first time in the new Member State concerned by it
Any person intending to import or market a medicinal product covered by the above paragraph in a Member State in which the product has a patent or a supplementary protection certificate demonstrates to the Competent authorities, in the application concerning that importation, that a prior notification of one month has been given to the holder or right holder of such protection.


2. COMPETITION POLICY


Treaty establishing a Constitution for Europe, Part III, Title III, Chapter I, Section 5-Rules on
. The following aid schemes and individual aid, carried out in a new Member State before the date of accession and still applicable after that date, shall be regarded on accession as existing aid within the meaning of Article III-168, Paragraph 1, of the Constitution:
(a) aid implemented before 10 December 1994;
(b) aid listed in the Appendix to this Annex;
(c) aid examined by the authority responsible for monitoring public aid for the new Member State before the date of accession and deemed to be compatible with the acquis, and in respect of which the Commission has not raised any objections because of serious doubts as to the compatibility of the measures with the common market, under the procedure Under paragraph 2.
All measures still applicable after the date of accession which constitute State aid and do not satisfy the above conditions shall be considered as new aid on the date of accession for the purposes of The application of Article III-168 (3) of the Constitution.
The above provisions shall not apply to aid granted to the transport sector or to activities relating to production, processing and marketing Products listed in Annex I to the Constitution, with the exception of fishery products and products derived from fishing.
In addition, the above provisions do not affect the transitional measures in respect of The competition policy set out in the Protocol or the measures provided for in Annex VII, Chapter 4, Section B of the
. Where a new Member State wishes the Commission to examine aid in the framework of the procedure referred to in paragraph 1 (c), it shall communicate regularly to the Commission:
(a) a list of existing aid which has been examined by The national authority responsible for the monitoring of state aid and that this authority has deemed it compatible with the acquis; and
b) any other information essential for assessing the compatibility of the aid to be examined,
using the Specific form provided by the Commission.
If the Commission does not raise any objections to the existing aid because of serious doubts as to the compatibility of the measure with the common market within three months after the Receipt of exhaustive information about it or the receipt of a communication from the new Member State in which it informs the Commission that it considers that the information provided is complete by the fact that the additional information which has been Is not available or has already been provided, the Commission shall be deemed not to have raised any objections.
All measures submitted to the Commission before the date of accession under the procedure described in paragraph 1 (c) shall The above procedure notwithstanding the fact that during the examination period the new Member State concerned has already become a member of the Union.
3. Any decision by the Commission to raise objections to a measure within the meaning of paragraph 1 (c) shall be considered as a decision to initiate the formal investigation procedure within the meaning of Council Regulation (EC) No 659/1999 of 22 March 1999 Implementing Article 93 of the EC Treaty (1).
If such a decision is taken before the date of accession, it shall be applied only on the date of accession.

(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).


4. Without prejudice to the procedures concerning the existing aid provided for in Article III-168 of the Constitution, aid schemes and individual aid granted in the transport sector, carried out in a new Member State before the date 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:
-aid measures shall be notified to the Commission Within four months from the date of accession. This notification shall contain information on the legal basis of each measure. Existing aid measures and projects to grant or modify aid notified to the Commission before the date of accession shall be deemed to have been notified to the Commission on the date of accession
Aid " Existing " Within the meaning of Article III-168 (1) of the Constitution up to the end of the third year following the date of accession.
The new Member States shall, where appropriate, amend these aid measures in order to comply The guidelines given by the Commission no later than the end of the third year following the date of accession. Once that period has elapsed, any aid deemed incompatible with these guidelines is considered to be new aid.
5. As regards Romania, paragraph 1 (c) applies only to aid examined by the State aid monitoring authority of Romania after the date on which the assessment of compliance with the State aid legislation During the period prior to accession reached a satisfactory level, which is determined by the Commission on the basis of continuous monitoring of compliance with the commitments made by Romania in the framework of the accession negotiations. This satisfactory level will only be considered to be achieved when Romania has proved that it is systematically and properly monitoring State aid in respect of all aid granted in Romania, including adoption and Implementation by the State Aid Monitoring Authority of Romania of fully reasoned decisions including, for each measure, an accurate assessment of whether it is a State aid and an application The
may, due to serious doubts as to compatibility with the common market, raise objections to any aid granted during the pre-accession period between 1 September 2004 and the date set out in the above decision of the Commission indicating that the assessment of compliance with the legislation has reached a satisfactory level. This decision by the Commission to raise objections to a measure is regarded as a decision to open the formal investigation procedure within the meaning of Regulation (EC) No 659/1999. If such a decision is taken before the date of accession, it will be applied only on the date of accession.
When the Commission adopts a negative decision following the initiation of the formal review procedure, it decides that Romania Must take all necessary measures to ensure that the recipient actually renders the perceived aid. The aid to be recovered shall be accompanied by interest fixed at an appropriate rate determined in accordance with Regulation (EC) No 794/2004 (1) and payable as of the same date.

(1) Commission Regulation (EC) No 794/2004 of 21.4.2004 concerning the implementation of 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. AGRICULTURE


a) Treaty establishing a Constitution for Europe, Part III, Title III, Chapter III, Section 4-Agriculture and
. Public stocks held on the date of accession by the new Member States and originating from their market support policies shall be taken up by the Community at the price resulting from the application of Article 8 of Council Regulation (EEC) No 1883/78 Of 2 August 1978 on the general rules on the financing of interventions by the European Agricultural Guidance and Guarantee Fund, section ' Warranty " (1). These stocks are only taken up on the condition that the public intervention for the products in question is carried out in the Community and that the stocks concerned meet the conditions for Community intervention.

(1) OJ L 216, 5.8.1978, p. Regulation as last amended by Regulation (EC) No 1259/96 (OJ L 163, 2.7.1996, p. 10).


2. Any stock of products, whether private or public, in free circulation on the territory of the new Member States on the date of accession and exceeding the quantity which could be regarded as constituting a normal carry-forward of stocks must be eliminated At the expense of the new member states.
The concept of " Normal inventory carry-forward " Is defined for each product based on criteria and objectives specific to each common market organization.
3. The stocks referred to in point 1 shall be deducted from the quantity exceeding the normal carry-forward.
4. The Commission shall implement and apply the arrangements described above in accordance with the procedure laid down in Article 13 of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (1) or, where appropriate, In accordance with the procedure referred to in Article 42 (2) of Council Regulation (EC) No 1260/2001 of 30 June 2001 on the common organisation of the markets in the sugar sector (2) or the corresponding articles of the other regulations Common organisation of agricultural markets or the relevant committee procedure in accordance with the applicable legislation.

(1) OJ L 160, 26.6.1999, p. 103. (2) OJ L 178, 30.6.2001, p. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).


b) Treaty establishing a Constitution for Europe, Part III, Title III, Chapter I, Section 5-Competition rules.
Without prejudice to the procedures concerning existing aid schemes, provided for in the Article III-168 of the Constitution, aid schemes and individual aid granted for the production, processing or marketing of products listed in Annex I to the Constitution, with the exception of Fisheries products and their derivatives, implemented 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:
-aid measures shall be notified to the Commission within four months of the date of accession. This notification shall contain information on the legal basis of each measure. Existing aid measures and projects to grant or modify aid notified to the Commission before the date of accession shall be deemed to have been notified to the Commission on the date of accession. The Commission shall publish the list of such aid.
Such aid measures shall be regarded as aid " Existing " Within the meaning of Article III-168 (1) of the Constitution up to the end of the third year following the date of accession
New Member States shall amend, where appropriate, these aid measures in order to comply with the guidelines given by the Commission no later than the end of the third year following the date of accession. Once this period has elapsed, any assistance deemed incompatible with these guidelines is considered to be new assistance.


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: Regulation (EEC) No 2913/92 of the Council of 12.10.1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1), as last amended by:
-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 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).
31993 R 2454: Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down certain provisions implementing Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1), as last amended by:
-32003 R 2286: Commission Regulation (EC) No 2286/2003 of 18.12.2003 (OJ L 343, 31.12.2003, p. 1).
Regulations (EEC) No 2913/92 and (EEC) No 2454/93 apply to the new Member States subject to the following specific provisions:


Proof of Community character
(trade within the Community Expanded)


1. Notwithstanding Article 20 of Regulation (EEC) No 2913/92, goods which, on the date of accession, are on provisional deposit or under one of the customs treatment or arrangements referred to in Article 4 (15) (b) and (16) (b) (g), of this Regulation in the enlarged Community, or which are in transit in the enlarged Community after having been the subject of the export formalities, shall be duty-free and other customs measures when they Shall be declared for free circulation within the enlarged Community, provided that one of the following evidence is produced:
(a) proof of preferential origin duly issued or established before the date of accession under the European agreements listed below or equivalent preferential agreements concluded between the new Member States themselves, and which contain a prohibition of drawback, or exemption, of customs duties on non-originating materials Used in the manufacture of products for which proof of origin is issued or established (Rule of ' Drawback ") ;
European agreements:
-21994 A 1231 (24) Bulgaria: European Agreement establishing an association between European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part-Protocol 4 concerning the definition of the concept of ' Originating products " And methods of administrative cooperation (1);
-21994 A 1231 (20) Romania: European Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part-Protocol No 4 on the definition of the concept of " Originating products " And to Methods of administrative cooperation (2).

(1) OJ L 358, 31.12.1994, p. 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). (2) 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);


b) any evidence of the Community character referred to in the Article 314 (c) of Regulation (EEC) No 2454/93;
(c) an ATA carnet issued before the date of accession in a current Member State or in a new Member State.
2. For the purposes of the granting of evidence referred to in paragraph 1 (b), having regard to the situation on the date of accession and in addition to the provisions of Article 4 (7) of Regulation (EEC) No 2913/92, ' Community goods " The Goods:
-wholly obtained in the territory of one of the new Member States under conditions identical to those of Article 23 of Regulation (EEC) No 2913/92 and not involving goods imported from other countries or Territories; or
-imported from countries or territories other than the country concerned and put into free circulation in that country; or
-obtained or produced in the country concerned, or from goods covered only in the second indent of that country The goods described in the first and second indents of this subsection.
3. For the purposes of verification of the evidence referred to in paragraph 1 (a), the provisions relating to the definition of " Originating products " And the methods of administrative cooperation under the respective European agreements or Equivalent preferential agreements concluded between the new Member States themselves shall apply. Applications for ex post verification of such evidence shall be accepted by the competent customs authorities of the present Member States as well as those of the new Member States for a period of three years following the granting of the evidence And may be presented by these authorities for a period of three years after the acceptance of the proof of origin supporting a declaration of free practice.
Proof of preferential origin (trade with third countries, y Including Turkey, under the preferential agreements in the fields of agriculture, coal and steel products)
4. Without prejudice to the application of any measure deriving from the common commercial policy, proof of origin duly issued or established by third countries in the framework of preferential agreements concluded by the new Member States with those countries Or issued or established under unilateral national provisions of the new Member States shall be accepted in the new Member States, provided that:
a) the acquisition of that origin confers preferential tariff treatment on The basis of the preferential tariff measures contained in the agreements or schemes which the Community has concluded with these third countries or groups of countries or which it has adopted as regards them, as referred to in Article 20 (3) (d) (e) Regulation (EEC) No 2913/92;
(b) proof of origin and transport documents have been issued or established no later than the day before the date of accession; and that
(c) the proof of origin is presented to the customs authorities in A period of four months from the date of accession.
Where the goods have been declared for free circulation in a new Member State before the date of accession, the proof of origin which has been issued or established retroactively Under the preferential agreements or arrangements in force in that new Member State at the date of release for free circulation may also be accepted in the new Member State concerned, provided that it is presented to the customs authorities Within four months from the date of accession.
5. Bulgaria and Romania are authorised to maintain the authorisations under which the Staff Regulations have been granted " Authorized exporter " In the framework of agreements concluded with third countries, provided that:
a) this provision is Also provided for in the agreements concluded by these third countries with the Community before the date of accession; and that
(b) the authorised exporters apply the rules of origin laid down in those agreements.
No later than one year after the date of accession Of accession, these authorisations are replaced by new Member States by new authorisations issued under the conditions laid down by Community legislation.
6. For the purposes of verification of the evidence referred to in paragraph 4, the provisions relating to the definition of " Originating products " And the methods of administrative cooperation of the relevant agreements or regimes shall apply. Applications for ex post verification of such evidence shall be accepted by the competent customs authorities of the present Member States as well as those of the new Member States for a period of three years following the granting of the evidence And may be submitted by these authorities for a period of three years after the acceptance of the proof of origin supporting a declaration of free
. Without prejudice to the application of any measure deriving from the common commercial policy, proof of origin issued retroactively by third countries in the framework of preferential agreements concluded by the Community with these countries shall be accepted In the new Member State with a view to the free circulation of goods which, on the date of accession, are or are in transit or in temporary storage, in a customs warehouse or in a free zone in one of those third countries or in that new Member State, for As long as no free trade agreement applies to the products in question concluded by the new Member State in which the release of free circulation takes place and the third country is in force at the time when the transport documents have been issued and Condition that:
(a) the acquisition of that origin confers preferential tariff treatment on the basis of preferential tariff measures, contained in the agreements or schemes which the Community has concluded with third countries or groups of Adopted in respect of them, as referred to in Article 20 (3) (d) and (e) of Regulation (EEC) No 2913/92;
(b) transport documents have been issued no later than the day before the date of accession; and That
(c) proof of origin issued retroactively be presented to the customs authorities within four months of the date of accession.
8. For the purposes of verification of the evidence referred to in paragraph 7, the provisions relating to the definition of " Originating products " And the methods of administrative cooperation of the relevant agreements or plans are applicable.
Evidence The status of products under the provisions on the free practice of industrial products within the EC-Turkey customs union
9. Proof of origin duly issued by Turkey or a new Member State within the framework of preferential trade agreements applied between them and allowing the Community to have cumulation of origin based on identical rules of origin and Prohibition of any drawback or suspension of customs duties on the goods concerned shall be accepted in the respective countries as proof of the status of the goods under the provisions on the free practice of goods Decision No 1/95 of the EC-Turkey Association Council (1), provided that:
(a) the proof of origin and the transport documents were issued on or before the day before the date of accession; and that
(b) the evidence Of origin be presented to the customs authorities within four months from the date of accession.
Where the goods have been declared for free circulation in Turkey or in a new Member State, before the date In the context of the abovementioned preferential trade agreements, the proof of origin which has been issued retroactively under these agreements may also be accepted on the condition that it is presented to the customs authorities in A period of four months from the date of accession.

(1) Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995 on the establishment of the definitive phase of the customs union (OJ L 35, 13.2.1996, p. Decision as last amended by Decision No 2/99 of the EC-Turkey Association Council (OJ L 72, 18.3.1999, p. 36).


10. For the purposes of verification of the evidence referred to in paragraph 9, the provisions relating to the definition of " Originating products " And the methods of administrative cooperation of the relevant preferential agreements shall apply. Applications for ex post verification of such evidence shall be accepted by the competent customs authorities of the present Member States as well as those of the new Member States for a period of three years following the granting of the evidence And may be submitted by these authorities for a period of three years after the acceptance of proof of origin supporting a declaration of free practice.
11. Without prejudice to the application of any measure deriving from the common commercial policy, a movement certificate A. TR issued under the provisions relating to the free practice of industrial products provided for in Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995 is accepted in the new Member State with a view to the free circulation of goods which, on the date of accession, are either in transit in the Community or in Turkey after having done so The purpose of the export formalities, either on temporary deposit or under one of the customs procedures referred to in Article 4 (16) (b) to (h) of Regulation (EEC) No 2913/92 in Turkey or in the new Member State, provided that:
(a) No proof of origin within the meaning of paragraph 9 has been presented for the goods concerned;
(b) the goods fulfil the conditions for the implementation of the provisions on the free practice of industrial products;
(c) The transport documents were issued no later than the day before the date of accession; and that
(d) the A. TR movement certificate is presented to the customs authorities within four months of the date of accession.
12. For the purposes of verification of the A. TR movement certificates referred to in paragraph 11, the provisions on the grant of such certificates and the methods of administrative cooperation under Decision No 1/2001 of the Cooperation Committee EC-Turkey customs (1) applicable.

(1) 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 implementing 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).


Customs Regimes


13. Temporary deposits as well as the customs procedures referred to in Article 4 (16) (b) to (h) of Regulation (EEC) No 2913/92 which took place before the date of accession shall end or be discharged according to the conditions laid down by the
the end of the deposit or the discharge of the customs procedure gives rise to a customs debt, the amount of import duties to be paid shall be the amount in force at the time when the customs debt is incurred In accordance with the Common Customs Tariff and the amount paid shall be regarded as a Community own resource.
14. The procedures governing the customs warehousing arrangements provided for 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:
-where the amount of a customs debt is determined on the basis of the nature, value for duty and quantity of the goods of import at the time of acceptance of the investment declaration Of those goods under the customs warehousing procedure and where that declaration was accepted before the date of accession, those elements shall be those resulting from the legislation applicable in the new Member State concerned before accession.
15. The procedures governing the inward processing arrangements provided for 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 under Reserves the following specific provisions:
-where the amount of a customs debt is determined on the basis of the nature, the tariff classification, the quantity, the value for duty and the origin of the goods imported into the Time of their placement under the scheme and where the declaration of placement of those goods under the scheme has been accepted before the date of accession, those elements shall be those resulting from the legislation applicable in the new Member State concerned Before the date of accession;
-in order to respect the fairness of the holder of the authorisation established in the present Member States and those established in the new Member States, where the clearance gives rise to a customs debt, Compensatory interest shall be paid on import duties due under the conditions laid down by Community legislation from the date of accession;
-if the inward processing declaration has been accepted within the framework of a In accordance with the conditions laid down in Community legislation, by the new Member State in which the customs debt which gave rise to the application for repayment was born before the date of accession and the
16. The procedures governing the temporary admission scheme provided for 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 under Reserves the following specific conditions:
-where the amount of a customs debt is determined on the basis of the nature, tariff classification, quantity, value for duty and origin of the goods imported into the Time of their placement under the scheme and where the declaration of placement of those goods under the scheme has been accepted before the date of accession, those elements shall be those resulting from the legislation applicable in the new Member State concerned Before the date of accession;
-in order to respect the fairness of the holder of the authorisation established in the present Member States and those of the new Member States, where the clearance gives rise to a customs debt, of interest Shall be paid on import duties due under the conditions laid down by Community law from the date of
. The procedures governing the outward processing regime provided for 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:
-Article 591 (2) of Regulation (EEC) No 2454/93 shall apply mutatis mutandis to temporary export goods which have been temporarily exported before the date of accession from New member states.


Other terms


18. Authorisations which have been granted before the date of accession for the use of 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 comes first.
19. The procedures governing the birth of a customs debt, the taking into account and the subsequent recovery provided for in Articles 201 to 232 of Regulation (EEC) No 2913/92 and Articles 859 to 876 bis of Regulation (EEC) No 2454/93 shall apply to New Member States subject to the following specific provisions:
-recovery is carried out in accordance with the conditions laid down in Community legislation. However, where the customs debt was incurred before the date of accession, the recovery shall be effected in accordance with the conditions laid down in the legislation of the Member State concerned in force before accession, by the Member State concerned and in its
. The procedures governing repayment and remission of rights provided for 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 provisions Specific:
-the refund and remission of duties are carried out according to the conditions laid down in Community legislation. However, where the rights which are the subject of an application for repayment or remission refer to a customs debt which was incurred before the date of accession, the refund and remission of duties shall be effected under the conditions laid down by the Legislation of the Member State concerned in force before accession, by the Member State concerned and at its own expense.


A P P E N D I C E TO N N E X E V
List of existing aid referred to in point 1 B of the existing aid mechanism provided for in Chapter 2 of Annex V


Note: The aid listed in this Appendix should only be considered as existing aid for the purposes of the existing aid mechanism set out in Chapter 2 of Annex V Where they fall within the scope of paragraph 1 of this paragraph.



You can view the table in OJ
No 22 of 26/01/2007 text number 6



A N N E X E V I
LIST REFERRED TO IN ARTICLE 20 OF THE PROTOCOL:
TRANSITIONAL MEASURES-BULGARIA
1. FREE MOVEMENT OF PERSONS


Treaty establishing a Constitution for Europe.
31968 R 1612: Council Regulation (EEC) No 1612/68 of 15 October 1968 on the free movement of workers within the Community Community (OJ L 257, 19 October 1968, p. 2), as last amended by:
-32004 L 0038: Directive 2004 /38/EC of the European Parliament and of the Council of 29 April 2004 (OJ L 158, 30 April 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 January 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 members of their families to move and reside freely within the territory of the Member States, Amending Regulation (EEC) No 1612/68 and repealing Directives 64/2 2 1/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 subject to the transitional provisions laid down in paragraphs 2 to 14 in respect of the free movement of workers and free movement Provision of 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, of the other
. By way of derogation from Articles 1 to 6 of Regulation (EEC) No 1612/68 and up to the end of the two-year period following the date of accession, the existing Member States shall apply national measures, or measures resulting from bilateral agreements, which Regulate the access of Bulgarian nationals to their labour market. The current Member States may continue to apply these measures up to the end of the five-year period following the date of accession.
Bulgarian nationals legally working in a current Member State on the date of accession and who Shall be admitted to the labour market of that Member State for an uninterrupted period of twelve months or more, may benefit from access to the labour market of that Member State, but not to the labour market of other Member States which Apply national measures.
Bulgarian nationals admitted to the labour market of a current Member State following accession, for an uninterrupted period equal to or greater than twelve months, also benefit from the same The
nationals referred to in the second and third subparagraphs above shall cease to enjoy the rights provided for in those subparagraphs if they voluntarily leave the labour market of the present Member State in question
Bulgarian nationals who work legally in a current Member State on the date of accession, or during a period when national measures are applied, and which are admitted to the labour market of that Member State for a period of time Less than twelve months, do not have 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 referred to in paragraph 2 on the basis of a report by the Commission
The end of the two-year period following the date of accession, the current Member States shall inform the Commission whether they continue to apply national measures or measures resulting from bilateral agreements, or whether they now apply the Articles 1 to 6 of Regulation (EEC) No 1612/68. Failing this notification, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply.
4. A further review may take place at the request of Bulgaria. The procedure referred to in paragraph 3 shall apply and shall be completed within six months of receipt of the request from
. A Member State now taking national measures or measures resulting from bilateral agreements at the end of the five-year period referred to in paragraph 2 may extend them, after notifying the Commission, up to the end of the seven-year period Following the date of accession if the labour market undergoes or is threatened with serious disturbance. Failing this notification, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply.
6. During the seven-year period following the date of accession, the Member States in which, by virtue of paragraph 3, 4 or 5, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply in respect of Bulgarian nationals, and who issue Work permits to Bulgarian nationals for observation during this period will do so automatically.
7. 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 Bulgarian nationals, may resort to the procedures provided for in the following paragraphs up to the end The period of seven years following the date of accession.
Where a Member State referred to in the first subparagraph undergoes or foresees disturbances in its labour market which could seriously threaten the standard of living or employment in a region or Profession, it shall notify the Commission and the other Member States by providing them with all relevant indications. On the basis of those indications, the Member State may request the Commission to declare that the application of Articles 1 to 6 of Regulation No 1612/68 is wholly or partly suspended in order to ensure the recovery of the situation in that Region or profession. The Commission shall decide on the suspension, as well as the duration and scope of the suspension, no later than two weeks after having received the application and shall inform the Council of its decision. Within two weeks after the Commission has taken its decision, any Member State may request the annulment or amendment of that decision by the Council. The Council shall act on this request by a qualified majority within two weeks.
In urgent and exceptional cases, a Member State referred to in the first subparagraph may suspend the application of Articles 1 to 6 of Regulation (EEC) No 1612/68; It sends a reasoned notification to the Commission.
8. As long as the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended pursuant to paragraphs 2 to 5 and 7 above, Article 23 of Directive 2004 /38/EC applies in Bulgaria, in respect of the right of members of the Family of workers to accept employment, as regards nationals of the current Member States and in the current Member States with regard to Bulgarian nationals, under the following conditions:
-the spouse of a Workers and their descendants who are less than 20 and a year or dependants lawfully residing with the worker in the territory of a Member State on the date of accession shall have immediate access to the labour market of that Member State from This date. This provision shall not apply to members of the family of a worker lawfully admitted to the labour market of that Member State for less than 12 months;
-the spouse of a worker and their descendants less than Twenty-one years or a dependant legally residing with the worker in the territory of a Member State from a date later than the date of accession, but during the period of application of the abovementioned transitional provisions, have access To the labour market of the Member State concerned when they have been resident in that Member State for at least 18 months or from the third year following the date of accession, whichever is the
. Without prejudice to more favourable measures, whether national or the result of bilateral agreements.
9. To the extent that the provisions of Directive 2004 /38/EC which reproduce provisions of Directive 68 /360/EEC (1) cannot be dissociated from those of Regulation (EEC) No 1612/68, the application of which is deferred pursuant to paragraphs 2 To 5, 7 and 8, Bulgaria and the present Member States may derogate from these provisions to the extent necessary for the application of paragraphs 2 to 5, 7 and 8.

(1) Council Directive 68 /360/EEC of 15 October 1968 on the abolition of Restrictions on the department and the residence of workers in the Member States and their families within the Community (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).


10. Where national measures or measures resulting from bilateral agreements are applied by the present Member States under the transitional provisions referred to above, Bulgaria may maintain equivalent measures in respect of Nationals of the Member State or Member States in question.
11. If the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by one of the present Member States, Bulgaria may resort to the procedures provided for in paragraph 7 with regard to Romania. During this period, work permits issued by Bulgaria for observation to Romanian nationals are issued automatically.
12. A current Member State which applies national measures in accordance with paragraphs 2 to 5 and 7 to 9 may decide, pursuant to its domestic law, to grant greater freedom of movement than that existing on the date of accession, including Full access to the labour market. From the third year following the date of accession, a current Member State applying national measures may decide at any time to apply Articles 1 to 6 of Regulation (EEC) No 1612/68 instead of those measures. The Commission is informed of this decision.
13. To deal with serious disturbances or threats of serious disruption in certain sensitive areas of labour market services that may arise in certain regions as a result of service delivery Trans-national, as defined in Article 1 of Directive 96 /71/EC, and as long as they apply to the free movement of Bulgarian workers, by virtue of the abovementioned transitional provisions, national measures or Measures resulting from bilateral agreements, Germany and Austria may, after notifying the Commission, derogate from the first paragraph of Article III-144 of the Constitution with a view to limiting, in the context of the provision of services by Enterprises established in Bulgaria, the temporary movement of workers whose right to accept work in Germany and Austria is subject to national measures.
The list of service sectors which may be affected by This exception is:
-in Germany:


You can view the table in OJ
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-in Austria:


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To the extent that Germany or Austria derogates from the first paragraph of Article III-144 of the Constitution, in accordance with the previous Bulgaria may, after informing the Commission, take equivalent measures.
The application of this paragraph shall not create, for the temporary movement of workers in the context of the provision of Transnational services between Germany or Austria and Bulgaria, conditions that are more restrictive than those prevailing on the date of signature of the Accession Treaty.
14. The application of paragraphs 2 to 5 and 7 to 12 shall not have the effect of creating conditions of access more restrictive to the labour market of the present Member States for Bulgarian nationals than those existing at the date of signature of the Treaty Notwithstanding
application of the provisions laid down in paragraphs 1 to 13, the present Member States shall give preference to workers who are nationals of Member States rather than to workers who are nationals of Third countries with regard to access to their labour market during periods of application of national measures or measures resulting from bilateral agreements.
Bulgarian migrant workers and their families residing and working Legally in another Member State or migrant workers from other Member States and their families who are legally resident and working in Bulgaria are not treated in a more restrictive manner than those who come from a third country and who Resident and working in that Member State or in Bulgaria, as the case may be. In addition, in application of the principle of Community preference, migrant workers from third countries who reside and work in Bulgaria are not treated more favourably than Bulgarian nationals.


2. LIBRE SERVICE DELIVERY


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 to Bulgaria until 31 December 2009. Bulgaria shall ensure that its investor compensation system guarantees coverage of at least EUR 12 000 from 1 January 2007 to 31 December 2007, and at least EUR 15 000 from 1 January 2008 to 31 December 2009
Other Member States shall retain the right to prevent a branch of a Bulgarian investment firm established in their territory from carrying on business, unless the said branch has acceded to a compensation system Investors officially recognised in the territory of the Member States concerned and until such time as it has acceded to such a system, with a view to covering the difference between the level of compensation proposed by Bulgaria and the minimum level Subject to Article 4 (1) of Directive 97 /9/EC.


3. FREE CIRCULATION OF CAPITAL


Treaty establishing a Constitution for Europe.
1. Notwithstanding the obligations laid down in the Treaty establishing a Constitution for Europe, Bulgaria may maintain in force for a period of five years from the date of accession the restrictions provided for in its legislation in force at Moment of signature of the Treaty of Accession with regard to the acquisition of property rights on land intended for the establishment of a secondary residence by nationals of the Member States or States Parties to the Agreement on The European Economic Area (EEA Agreement) which does not reside in Bulgaria or by legal persons constituted in accordance with the law of another Member State or a State Party to the EEA Agreement.
Nationals of Member States and Nationals of the States party to the Agreement on the European Economic Area who are legally resident in Bulgaria shall not be subject to the provisions referred to in the preceding paragraph or to all the rules and procedures other than those applicable to Bulgarian nationals.
2. Notwithstanding the obligations laid down in the Treaty establishing a Constitution for Europe, Bulgaria may maintain in force for a period of seven years from the date of accession the restrictions provided for in its legislation in force at Moment of signature of the Treaty of Accession with regard to the acquisition of agricultural land, forests or silviculture by nationals of another Member State, by nationals of the States Parties to the Agreement on the Economic Area Or by legal persons constituted in accordance with the law of another Member State or of a State Party to the EEA Agreement. In no case, with regard to the acquisition of agricultural land, forests or silvicultural land, a national of a Member State may be treated less favourably than on the date of signature of the Treaty of Accession or more A national of a third country.
Independent farmers who are nationals of another Member State and who wish to establish and reside legally in Bulgaria shall not be subject to the provisions referred to in the preceding paragraph Or procedures other than those applicable to Bulgarian nationals.
A general review of these transitional measures shall be carried out in the third year following the date of accession. To this end, the Commission shall submit a report to the Council. The Council may, acting unanimously on a proposal from the Commission, decide to shorten the transitional period referred to in the first subparagraph or to terminate it.


4. AGRICULTURE
A. -Agricultural legislation


31997 R 2597: Council Regulation (EC) No 2597/97 of 18 December 1997 laying down the supplementary rules for the common organisation of the market in milk and milk products Which concerns 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 for fat content do not apply to drinking milk produced in Bulgaria until 30 April 2009, in the Measure where milk with a fat content of 3 % (m/m) can be marketed as whole milk, and milk with a fat content of 2 % (m/m) as half-skimmed milk. Consumer milk which does not comply with the fat content requirements may only be marketed in Bulgaria or exported to third countries.


B. -Veterinary legislation and Plant health


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 foodstuffs of animal origin (OJ 2004 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 receive, until 31 December 2009, deliveries of raw milk which are not in conformity or have not been processed In accordance with the obligations set out in Annex III, Section IX, Chapter I, sub-chapters II and III of Regulation (EC) No 853/2004, provided that these holdings are on a list kept for that purpose by the Bulgarian
. The establishments referred to in point (a) have benefited from the provisions of this point, products originating from those establishments are exclusively placed on the national market or subject to further processing in establishments in Bulgaria Also covered by the provisions of the point a, irrespective of the date of marketing. These products must bear a different identification mark than 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 transform, up to 31 December 2009, compliant milk and milk non-compliant with EU standards on separate production lines. In this context, " Milk non-compliant with EU standards " Milk referred to in a. Such establishments must fully comply with the EU requirements for establishments, including the implementation of Hazard Analysis and Critical Control Point (HACCP) principles (referred to in Article 5 of the Regulation 852/2004 [1]) and prove their ability to comply fully with the following conditions, in particular the designation of their production chains concerned:
-take all the measures necessary to enable the observation Strict internal procedures for the separation of milk from its collection to the final product stage, including the delivery of milk to the establishment, storage and separate treatment of milk and milk not in accordance with EU standards, specific packaging and labelling of milk-based products not in conformity with EU standards, as well as the separate storage of these products;
-establishing a procedure to ensure traceability of raw materials, Including the necessary evidence of product movement and a procedure for the justification of products and the parallel of compliant and non-compliant raw materials with the product categories of the production;
- Submit raw milk to heat treatment at a temperature of at least 71.7 ° C for 15 seconds; and
-take all necessary measures to ensure that identification marks are not used in a manner
The Bulgarian authorities:
-ensure that the operator or director of each institution concerned takes all necessary measures to enable the strict observance of the internal procedures for the separation of the Milk;
-conduct unannounced tests and tests for compliance with the milk separation principle; and
-conduct tests in approved laboratories on all raw and finished products to verify compliance With the requirements of Annex III, Section IX, Chapter II of Regulation (EC) No 853/2004, including microbiological criteria for milk-based products.
Milk and/or milk products from separate production chains Processing raw milk which is not in accordance with EU standards in processing establishments approved by the EU can only be marketed in the market subject to the conditions set out in point b. Products manufactured from raw raw milk processed into a separate production chain in an establishment referred to in Chapter II of the Appendix to this Annex may be marketed as compliant products as long as all Conditions governing the separation of production chains are maintained.

(1) 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).


d) Milk and milk products manufactured under the provisions referred to in point c shall not be eligible for support under Title I, Chapters II and III, with the exception of Article 11, and Title II of the Regulation (EC) No 1255/1999 (1) if they bear the oval identification mark referred to in Section I of Annex II to Regulation (EC) No 853/2004.

(1) Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in the sector Milk and milk products (OJ L 160, 26.6.1999, p. 48). Regulation as last amended by Commission Regulation No 186/2004 (OJ L 29, 3.2.2004, p. 6).


e) Bulgaria shall progressively respect the obligations referred to in point a and transmit to the Commission each year a report on the progress made in the upgrading of dairy farms and the system Milk collection. Bulgaria shall ensure that all these obligations 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 (1), update the Appendix to This Annex before accession and until 31 December 2009 and, in this context, to add or remove institutions, in the light of the progress made in correcting the existing shortcomings and the results of the monitoring
. Implementing rules guaranteeing the proper functioning of the transitional arrangements referred to above may be adopted in accordance with the procedure referred to in Article 58 of Regulation (EC) No 178/2002.

(1) Regulation (EC) No 178/2002 of Parliament Establishing the general principles and general requirements of food law, establishing the European Food Safety Authority and laying down procedures for the safety of food Foodstuffs (OJ L 31, 1.2.2002, p. Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).


5. TRANSPORT POLICY


1. 31993 R 3118: Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions for the admission of non-resident carriers to national carriage of goods by road in a Member State (OJ L 279, 12.11.1993, p. 1), as last amended by:
-32002 R 0484: Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1.3.2002 (OJ L 76, 19.3.2002, p. (1).
(a) By way of derogation from Article 1 of Regulation (EEC) No 3118/93 and until the end of the third year following the date of accession, carriers established in Bulgaria shall be excluded from the national carriage of goods by road in Other Member States, and carriers established in other Member States are excluded from the national carriage of goods by road in Bulgaria.
(b) Before the end of the third year following the date of accession, the Member States Notify the Commission if they extend this period for a further period of up to two years or if they are now fully applying Article 1 of the Regulation. In the absence of such notification, Article 1 of the Regulation shall apply. Only carriers established in the Member States in which Article 1 of the Regulation applies may ensure the operation of national road transport services in the other Member States in which Article 1 applies
(c) Member States in which Article 1 of that Regulation applies under point (b) may resort to the procedure described below until the end of the fifth year following the date of accession
The preceding subparagraph undergoes a serious disturbance of its domestic market or of certain segments of that market, caused or aggravated by cabotage, such as a net surplus of supply in relation to the demand or a threat to financial stability or For the survival of a significant number of road transport undertakings, it shall inform the Commission and the other Member States and provide them with all the relevant details. On the basis of this information, the Member State may request the Commission to suspend, in part or in whole, the application of Article 1 of the Regulation in order to restore the normal
. Data provided by the Member State concerned and shall, within one month from the date of receipt of the request, decide whether or not to adopt safeguard measures. The procedure referred to in Article 7 (3), second, third and fourth paragraphs, and paragraphs 4, 5 and 6 of the Regulation shall apply.
A Member State referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of Article 1 of the Regulation. In that case, it shall forward to the Commission a reasoned notification.
(d) As long as Article 1 of the Regulation does not apply in accordance with points (a) and (b), Member States may regulate access to their national transport market of Goods by road by progressively exchanging cabotage authorisations on the basis of bilateral agreements. This may include the possibility of total liberalisation.
e) The application of points (a) to (c) should not result in access to the national markets for the carriage of goods by road more restricted than at the time of signature of the Treaty
2. 31996 L 0026: Council Directive 96 /26/EC of 29 April 1996 on access to the occupation of road haulage operator and carrier by road and the mutual recognition of diplomas, certificates and other qualifications To promote the effective exercise of the freedom of establishment of such carriers in the field of national and international transport (OJ L 124, 23.5.1996, p. 1), as last amended by:
-32004 L 0066: Council Directive 2004 /66/EC of 26.4.2004 (OJ L 168, 1.5.2004, p. 35).
Until 31 December 2010, Article 3 (3) (c) of Directive 96 /26/EC does not apply in Bulgaria to transport undertakings assigned exclusively to the national transport of goods and
. Available and the reserves of these undertakings must progressively achieve the minimum rates laid down in this Article in accordance with the following timetable:
-by 1 January 2007, the undertaking must have a capital and reserves of a Value at least equal to EUR 5 850 for the first vehicle used and EUR 3 250 for each additional vehicle;
-by 1 January 2008, the undertaking must have a capital and reserves of at least EUR 6 750 for each additional vehicle; The first vehicle used and at EUR 3 750 for each additional vehicle;
-by 1 January 2009, the undertaking must have a capital and reserves of at least EUR 7 650 for the first vehicle used and at 4,250 EUR for each additional vehicle;
-by 1 January 2010, the undertaking must have a capital and reserves of at least EUR 8 550 for the first vehicle used and EUR 4 750 for each vehicle Additional.
3. 31996 L 0053: Council Directive 96 /53/EC of 25 July 1996 laying down, for certain road vehicles circulating in the Community, the maximum dimensions permitted in national and international traffic and the maximum authorised traffic weights International (OJ L 235, 17.9.1996, p. 59), as last amended by:
-32002 L 0007: Directive 2002/7/EC of the European Parliament and of the Council of 18.2.2002 (OJ L 67, 9.3.2002, p. 47).
By way of derogation from Article 3 (1) of Directive 96 /53/EC, vehicles conforming to the limit values of categories 3.2.1, 3.4.1, 3.4.2 and 3.5.1 specified in Annex I to this Directive shall not be used until 31 December 2013 the non-modernised parts of the Bulgarian road network if they are in conformity with the limit values set in Bulgaria for weight by axle.
As from the date of accession, no restrictions may be imposed on the use by Vehicles meeting the requirements of Directive 96 /53/EC, of the main transit routes referred to 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 Trans-European transport network (1).

(1) OJ L 228, 9.9.1996, p. Decision as last amended by Decision No 884 /2004/EC (OJ L 167, 30.4.2004, p. 1).


Bulgaria complies with the schedule set out in the tables below for the modernisation of its main road network. Any infrastructure investment involving the use of funds from the Community budget will be used to build/modernise the road axes so that they can withstand an axle load of 11.5 tonnes.
At the same time as The completion of modernisation, access to the Bulgarian road network, including the network set out in Annex I to Decision No 1692 /96/EC, will be progressively opened to vehicles in international traffic complying with the limit values set by the Directive. For loading and unloading, as far as technical possibilities are concerned, the use of unmodernised parts of the secondary road network shall be authorised throughout the transitional period.
From the date of accession, on The whole Bulgarian road transport network, no additional temporary charges will be levied for vehicles in international traffic equipped with pneumatic suspension and respecting the limit values of Directive 96 /53/EC
Temporary additional charges for the use of unmodernised parts of the network by vehicles in international traffic not equipped with a pneumatic suspension and respecting the limit values laid down in the Directive are In a non-discriminatory manner. The royalty regime is transparent and the collection of fees does not impose an administrative burden or undue delay on users, nor does the collection of these charges lead to a systematic monitoring of the limits of Axle load at the border. Compliance with these axle load limits is controlled throughout the territory in a non-discriminatory manner and also applies to vehicles registered in Bulgaria.


Modernisation Programme Routes (km)
Table 1


You can view the table in OJ
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Table 2


You can view the table in the OJ
No 22 of 26/01/2007 text number 6



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 Of 13.6.1977, p. 1), as last amended by:
-32004 L 0066: Council Directive 2004 /66/EC of 26.4.2004 (OJ L 168, 1.5.2004, p. 35).
For the purposes of applying Article 28 (3) (b) of Directive 77 /388/EEC, Bulgaria may continue to exempt from the value added tax international transport of persons referred to in point 17 of Annex F to the Directive, until the condition laid down in Article 28 (4) of the Directive is fulfilled or until the same exemption is applied by one of the present Member States, whichever is the closest.
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:
-32003 L 0117: Council Directive 2003 /117/EC of 5.12.2003 (OJ L 333, 20.12.2003, p. (49).
By way of derogation from Article 2 (1) of Directive 92 /79/EEC, Bulgaria may postpone the application of the overall minimum excise duty levied on the retail price (all taxes included) for cigarettes belonging to the class The most requested price until 31 December 2009, provided that, during this period, Bulgaria progressively adjusts its excise rates to approximate the overall minimum excise duty provided for in the Directive
Article 8 of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements, detention, movement and control of products subject to excise duty (1) and after informing the Commission thereof, Member States may Maintain, as long as the abovementioned derogation is applicable, the same quantitative limits for cigarettes which may be introduced on their territory from Bulgaria without payment of any additional excise duty Applied to imports from third countries. Member States which make use of this possibility may carry out the necessary checks on the condition that such controls do not impede the proper functioning of the internal market.

(1) 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).


3. 32003 L 0049: Council Directive 2003 /49/EC of 3 June 2003 on a common tax system 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:
-32004 L 0076: Council Directive 2004 /76/EC of 29.4.2004 (OJ L 157, 30.4.2004, p. 106.
Bulgaria is authorised not to apply the provisions of Article 1 of Directive 2003 /49/EC until 31 December 2014. During this transitional period, the rate of tax on interest payments or charges made in favour of an associated company of another Member State or in favour of a permanent establishment of an associated company of a Member State located in Another Member State must not exceed 10 % until 31 December 2010 and 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:
-32004 L 0075: Council Directive 2004 /75/EC of 29.4.2004 (OJ L 157, 30.4.2004, p.
(a) By way of derogation from Article 7 of Directive 2003 /96/EC, Bulgaria may apply the following transitional periods:
-until 1 January 2011 to adapt the national level of taxation of unleaded petrol used as Fuel at a minimum level of 359 EUR per 1000 l. The actual tax rate applied to unleaded petrol used as fuel shall not be less than EUR 323 for 1 000 l as from 1 January 2008;
-until 1 January 2010 to adapt the national level of taxation of diesel fuel and Kerosene used as fuel at a minimum level of EUR 302 per 1000 l and until 1 January 2013 to reach the minimum level of EUR 330 per 1000 l. The actual tax rate applied to gas oil and kerosene used as fuel shall not be less than EUR 274 per 1 000 l as from 1 January 2008.
b) By way of derogation from Article 9 of Directive 2003 /96/EC, Bulgaria may Apply the following transitional periods:
-until 1 January 2010 to adapt the national level of taxation of coal and coke used for district heating purposes to the minimum levels of taxation set out in Annex I, Table C;
-until 1 January 2009 to adapt the national level of taxation of coal and coke used for purposes other than district heating at the minimum levels of taxation set out in Annex I, Table C.
The actual tax rates applied to the Energy products concerned shall not be less than 50 % of the relevant minimum Community rate from 1 January 2007.
(c) By way of derogation from Article 10 of Directive 2003 /96/EC, Bulgaria may apply a period of Until 1 January 2010 to adapt the national levels of electricity taxation to the minimum levels of taxation set out in Annex I, Table C. The actual tax rates applied to electricity shall not be less than 50 % The relevant minimum Community rate as from 1 January 2007.


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 in 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 content of cigarettes manufactured and marketed in the territory of Bulgaria is 1 January 2011. During the transitional period:
-cigarettes manufactured in Bulgaria with a tar content of more than 10 mg per cigarette are not marketed in other Member States;
-cigarettes manufactured in Bulgaria Tar content is greater than 13 mg per cigarette are not exported to third countries; this limit is reduced to 12 mg from 1 January 2008 and to 11 mg as of January 1, 2010;
-Bulgaria continues to provide Periodically to the Commission, updated information on the timetable and the measures it has adopted to comply with this directive.


8. ENERGY


31968 L 0414: Council Directive 68 /414/EEC of 20 December 1968 requiring the Member States of the EEC to maintain a minimum level of crude oil and/or petroleum products (OJ L 308, 23.12.1968, p. 3. 14), as last amended by:
-31998 L 0093: Council Directive 98 /93/EC of 14.12.1998 (OJ L 358, 31.12.1998, p.
By way of derogation from Article 1 (1) of Directive 68 /414/EEC, the minimum level of stocks of petroleum products shall not apply to Bulgaria before 31 December 2012. Bulgaria shall ensure that its minimum level of stocks of petroleum products corresponds, for each of the categories of petroleum products referred to in Article 2, to at least the number of days of average daily domestic consumption Below, as defined in Article 1, paragraph 1:
-30 days to 1 January 2007;
-40 days as at 31 December 2007;
-50 days at 31 December 2008;
-60 days as at 31 December 2009;
-70 days at 31 December 2010;
- 80 days to December 31, 2011;
-90 days by December 31, 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 the rights of users with regard to networks And electronic communications services (Directive " Universal service ") (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 until 1 January 2009 at the latest.


10. ENVIRONMENT
A. -Air quality


1. 31994 L 0063: Directive 94 /63/EC of the European Parliament and of the Council of 20 December 1994 on the control of emissions of volatile organic compounds (VOCs) resulting from the storage of petrol and its distribution of 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).
(a) By way of derogation from Article 3 and Annex I to Directive 94 /63/EC, the requirements for existing storage facilities in terminals shall not apply in Bulgaria:
-until 31 December 2007 at Existing storage facilities at six terminals with a loading rate of more than 25 000 tonnes per year but less than or equal to 50 000 tonnes per year;
-until 31 December 2009 at existing storage facilities in 19 Terminals with a loading rate of less than or equal to 25 000 tonnes per year.
(b) By way of derogation from Article 4 and Annex II to Directive 94 /63/EC, the requirements for the loading and unloading of mobile tanks Existing in the terminals are not applicable in Bulgaria:
-until 31 December 2007 at 12 terminals with a rate of more than 25 000 tonnes per year but less than or equal to 150 000 tonnes per year;
-until 31 December 2009 at 29 Terminals with a flow rate of less than 25 000 tonnes per year.
(c) By way of derogation from Article 5 and Annex I to Directive 94 /63/EC, the requirements for mobile tanks existing in terminals shall not apply in Bulgaria:
-until 31 December 2007 to 50 tank vehicles;
-until 31 December 2009 at 466 other tank vehicles.
(d) By way of derogation from Article 6 and Annex III to Directive 94 /63/EC, the requirements laid down for Filling of existing storage facilities at service stations shall not apply in Bulgaria:
-until 31 December 2007 at 355 service stations with a flow rate of more than 500 m³ per year but less than or equal to 1000 m³ per year ;
-until 31 December 2009 at 653 service stations with a throughput of less than or equal to 500 m³ per year.
2. 31999 L 0032: Council Directive 1999 /32/EC of 26 April 1999 on a reduction of the sulphur content of certain liquid fuels and amending Directive 93 /12/EEC (OJ L 121, 11.5.1999, p. 13), 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).
(a) By way of derogation from Article 3 (1) of Directive 1999 /32/EC, the requirements for the sulphur content of heavy fuel oils shall not apply in Bulgaria until 31 December 2011 for local use. During this transitional period, the sulphur content shall not exceed 3.00 % by mass.
(b) By way of derogation from Article 4 (1) of Directive 1999 /32/EC, the requirements laid down for the sulphur content of gas oils shall not apply in Bulgaria until 31 December 2009 for local use. During this transitional period, the sulphur content does not exceed 0.20 % by mass.


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 at the entry and exit of the European Community (OJ L 30, 6.2.1993, p. 1), as last amended by:
-32001 R 2557: Commission Regulation (EC) No 2557/2001 of 28.12.2001 (OJ L 349, 31.12.2001, p. (1).
(a) Until 31 December 2004, all shipments to Bulgaria of waste which are intended to be valued and listed in Annex II to Regulation (EEC) No 259/93 shall be notified to the competent authorities and treated in accordance with Articles 6, 7 and 8 of this Regulation.
(b) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the Bulgarian competent authorities may raise, until 31 December 2009, objections to transfers to Bulgaria Which are intended for the recovery of the following waste, listed in Annex III, in accordance with the grounds of objection laid down in Article 4 (3) of that Regulation. These transfers are governed by Article 10 of the
. -Metal Wastes:
-AA 090 Arsenic Waste and Residues;
-AA 100 Mercury Wastes and Residues;
-AA 130 Metal Stripper Livers
-Wastes containing mainly inorganic constituents, which may contain metals and organic
. -Wastes containing mainly organic components, which may contain metals and inorganic materials:
-AC 040 Lead gasoline sludge;
-AC 050 Thermal fluids (heat transfer);
-AC 060 Fluids Hydraulic;
-AC 070 Brake fluids;
-AC 080 Antifreeze Fluids;
-AC 110 Phenols, phenol compounds including chlorophenols, in the form of liquids or sludges;
-AC 120 Polychlorinated naphthalenes;
-AC 150 Chlorofluorocarbons;
-AC 160 Halons;
-AC 190 Pertussis-Automotive shredding (light fraction);
-AC 200 Organic phosphorus compounds;
-AC 230 Non-aqueous, halogenated or non-halogenated distillation residues, derived Solvent recovery operations;
-AC 240 Wastes from the production of aliphatic halogenated hydrocarbons (such as chloromethanes, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride and Epichlorohydrin);
-AC 260 Swine manure, feces.
AD. -Wastes that may contain components either inorganic or organic:
-AD 010 Wastes from the production and preparation of pharmaceutical products.
Wastes containing, consisting of, or contaminated by one of the Following substances:
AD 040 Inorganic cyanides, except for residues of precious metals in solid form containing traces of inorganic cyanides;
AD 050 Inorganic cyanides;
-AD 060 Mixtures and emulsions oil/water or Hydrocarbons/water;
-AD 070 Wastes from the production, preparation and use of inks, dyes, pigments, paints, lacquers or varnishes;
-AD 150 Organic materials in the natural state used For the manufacture of filters (such as biological filters);
-AD 160 Municipal/household waste.
This period may be extended until 31 December 2012 at the latest under the procedure referred to in Article 18 of the Directive 75 /442/EEC of 15 July 1975 on waste (1), as amended by Council Directive 91 /156/EEC (2).

(1) 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). (2) OJ L 78, 26.3.1991, p. 32.


(c) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the competent Bulgarian authorities may, until 31 December 2009, raise objections to shipments to Bulgaria of waste Which are intended to be valued and which are listed in Annex IV to the Regulation and with regard to shipments of waste which are intended to be valued and which are not listed in the annexes to that regulation, in accordance with the grounds of objection Pursuant to Article 4 (3) of the Regulation.
(d) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the competent Bulgarian authorities raise objections to shipments of waste which are intended to be Which are listed in Annexes II, III and IV to the Regulation and in respect of shipments of waste which are intended to be valued and which are not listed in those annexes and whose destination is a facility benefiting from Temporary derogation from certain provisions of Council Directive 96 /61/EC of 24 September 1996 on integrated pollution prevention and control (1) or 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 atmosphere from large combustion plants (2), during the period during which this temporary derogation is applied to the installation of Destination.

(1) OJ L 257, 10.10.1996, p. 26. (2) 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).


2. 31994 L 0062: Directive 94 /62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10), last amended by:
-32004 L 0012: Directive 2004 /12/EC of the European Parliament and of the Council of 11.2.2004 (OJ L 47, 18.2.2004, p. 26);
(a) By way of derogation from Article 6 (1) (a) of Directive 94 /62/EC, Bulgaria reaches the overall rate for recovery or incineration in waste incineration plants with energy recovery for the year 31 December 2011, in accordance with the following intermediate objectives:
-35 % by weight by 31 December 2006 at the latest, 39 % for 2007, 42 % for 2008, 46 % for 2009 and 48 % for 2010.
b) By way of derogation from Article 6, paragraph 1, point (b), of Directive 94 /62/EC, Bulgaria reaches the overall rate for recovery or incineration in waste incineration plants with energy recovery by 31 December 2014, in accordance with the following intermediate objectives :
-50 % by weight for 2011, 53 % for 2012 and 56 % for 2013.
c) By way of derogation from Article 6 (1) (c) of Directive 94 /62/EC, Bulgaria is meeting the recycling target for plastics by 31 December 2009, In accordance with the following intermediate objectives:
-8 % by weight by 31 December 2006 at the latest, 12 % for 2007 and 14.5 % for 2008.
d) By way of derogation from Article 6 (1) (d) of Directive 94 /62/EC, Bulgaria Achieved the overall recycling target by 31 December 2014, in line with the following intermediate targets:
-34 % by weight by 31 December 2006 at the latest, 38 % for 2007, 42 % for 2008, 45 % for 2009, 47 % for 2010, 49 % for 2011, 52 % for 2012 and 54.9 % for 2013.
e) By way of derogation from Article 6 (1) (e) (i) of Directive 94 /62/EC, Bulgaria meets the recycling target for plastics by 31 December 2013, in accordance with the objectives Following intermediaries:
-26 % by weight for 31 December 2006 at the latest, 33 % for 2007, 40 % for 2008, 46 % for 2009, 51 % for 2010, 55 % for 2011 and 59.6 % for 2012.
f) By way of derogation from Article 6 (1) (e) (iv) Directive 94 /62/EC, Bulgaria achieves the recycling target for plastics, by relying exclusively on materials recycled in the form of plastics, by 31 December 2013, in accordance with the following intermediate objectives :
-17 % by weight for 2009, 19 % for 2010, 20 % for 2011 and 22 % for 2012.
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:
-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 Article 5 (3) (a) and (b) and Annex I, second indent, point 2 of Directive 199 /31/EC and without prejudice to Article 6 (c) (iii) of this Directive and Council Directive 75 /442/EEC of 15 In July 1975 on waste (1), the requirements for liquid, corrosive and oxidizing waste, as well as those designed to prevent seepage of surface water into landfill waste, do not apply to the December 2014, at the following fourteen installations:
1. Sludges settling tank " Polimeri ", Varna, Devnya;
2. " Solvay Sody "," Deven " And ash and sludge settling basin " Agropolichim ", Varna, Devnya, Varna Commune;
3. Thermal central ash settling basin (CT) " Varna ", Varna, Beloslav;
4. Ash decantation basin " Sviloza ", Veliko Tarnovo, Svishtov;
5. CT to the ash settling tank " Zaharni zavodi ", Veliko Tarnovo, Gorna Oriahovitsa;
6. Ash decantation basin " Vidachim v likvidatsya ", Vidin, Vidin;
7. Ash decantation basin " Toplofikatsia-Ruse ", CT" Ruse-East ", Ruse, Ruse;
8. CT " Republica "," COF-Pernik " And ash settling basin " Kremikovtsi-Rudodobiv ", Pernik, Pernik;
9. " Toplofikatsia Pernik " And settling basin " Solidus " Pernik, Pernik, Pernik;
10. CT ash settling basin " Bobov dol ", Kyustendil, Bobov dol;
11. Ash decantation basin " Brikel ", Stara Zagora, Galabovo;
12. Ash decantation basin " Toplofikatsia Sliven ", Sliven, Sliven;
13. CT ash settling basin " Maritsa 3 ", Haskovo, Dimitrovgrad;
14. CT ash settling basin " Maritsa 3 ", Haskovo, Dimitrovgrad.
Bulgaria ensures that the quantity of waste disposed of in these 14 existing non-conforming installations is progressively reduced in accordance with the The following maximum annual quantities:
-for 31 December 2006: 3 020 000 tonnes;
-for 31 December 2007: 3 010 000 tonnes;
-for 31 December 2008: 2 990 000 tonnes;
-by 31 December 2009: 1 978 000 tonnes ;
-for 31 December 2010: 1 940 000 tonnes;
-for 31 December 2011: 1 929 000 tonnes;
-by 31 December 2012: 1 919 000 tonnes;
-for 31 December 2013: 1 159 000 tonnes;
-by 31 December 2014: 1 039 000 tonnes.

(1) OJ L 194, 25.7.1975, p. 39. Directive as amended by Directive 91 /156/EEC and last by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).


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:
-32003 L 0108: Directive 2003 /108/EC of the European Parliament and of the Council of 8.12.2003 (OJ L 345, 31.12.2003, p. 106).
By way of derogation from Article 5 (5) and Article 7 (2) of Directive 2002 /96/EC, Bulgaria shall attain the quantity of WEEE produced by households and shall be subject to a selective collection of at least four kilograms On average per capita and per year, the recovery rate and the rate of reuse and recycling of components, materials and substances for December 31, 2008.


C. -Water quality


31991 L 0271: Council Directive 91 /271/EEC of 21 May 1991 on the treatment of urban waste water (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 and 4 and Article 5 (2) of Directive 91 /271/EEC, the requirements for the collection and treatment systems for urban waste water are not fully applicable in Bulgaria Until 31 December 2014, however, the following intermediate objective must be complied with:
-by 31 December 2010, compliance with the Directive for agglomerations with a resident equivalent greater than 10 000.


D. -Industrial pollution and risk management


1. 31996 L 0061: Council Directive 96 /61/EC of 24 September 1996 on integrated pollution prevention and control (OJ L 257, 10.10.1996, p. 26), 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 Article 5 (1) of Directive 96 /61/EC, the requirements for the granting of an authorisation for existing installations shall not apply in Bulgaria to the following installations up to the date of Specified for each facility with respect to the requirement to operate these facilities in accordance with emission limit values or equivalent technical parameters or measures, which are based on best practices Available, in accordance with Article 9, paragraphs 3 and 4:
Until 31 December 2008:
- " Yambolen " -Yambol (activity 4.1 h);
- " Verila " -Ravno Pole (activity 4.1);
- " Lakprom " -Svetovrachane (activity 4.1 b);
- " Orgachim " -Ruse (activity 4.1 j);
- " Neochim " -Dimitrovgrad (activity 4.1 b);
Until 31 December 2009:
- " Eliseyna " Gara Eliseyna (activity 2.5 a);
Until December 31, 2011:
-thermal power station (CT) " Ruse-East " -Ruse (activity 1.1);
-CT " Varna " -Varna (activity 1.1);
-CT " Bobov dol " -Sofia (activity 1.1);
-CT to " Lukoil Neftochim " -Burgas (activity 1.1);
- " Lukoil Neftochim " -Burgas (activity 1.2);
- " Kremikovci " - Sofia (activity 2.2);
- " Radomir-Metali " -Radomir (activity 2.3 b);
- " Solidus " -Pernik (activity 2.4);
- " Berg Montana Fitingi " -Montana (activity 2.4);
- " Energoremont " -Kresna (activity 2.4);
- " Chugunoleene " -Ihtiman (activity 2.4);
- " Alkomet " -Shumen (activity 2.5 b);
- " Start " -Dobrich (activity 2.5 b);
- " Alukom " -Pleven (activity 2.5 b);
- " Energiya " -Targovishte (activity 2.5 b);
- " Uspeh " - Lukovit (activity 3.5);
- " Keramika " -Burgas (activity 3.5);
- " Stroykeramika " -Mezdra (activity 3.5);
- " Stradlja Keramika " -Stradlja (activity 3.5);
- " Balkankeramiks " -Novi Iskar (activity 3.5);
- " Shamot " - Elin Pelin (activity 3.5);
-ceramics factory-Dragovishtitsa (activity 3.5);
- " Fayans " -Kaspichan (activity 3.5);
- " Solvay Sodi " -Devnya (activity 4.2 d);
- " Polimeri " -Devnya (activity 4.2 c);
- " Agropolichim " -Devnya (activity 4.3);
- " Neochim " -Dimitrovgrad (activity 4.3);
- " Agrija " -Plovdiv (activity 4.4);
- " Balkanpharma " -Razgrad (activity 4.5);
- " Biovet " -Peshtera (activity 4.5);
- " Catchup-frukt " -Aitos (activity 6.4 b);
- " Bulgarikum " -Burgas (activity 6.4 c);
- " Serdika 90 " -Dobrich (activity 6.4 c);
- " Ekarisaj " -Varna (activity 6.5);
- " Ekarisaj-Bert " -Burgas (activity 6.5).
A The outcome of a fully coordinated procedure, these facilities receive, before 30 October 2007, authorisations with a binding timetable for achieving full compliance. These authorisations shall ensure, by 30 October 2007, compliance with the general principles of the operator's fundamental obligations as defined in Article 3 of the Directive.
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 atmosphere from large combustion plants (OJ L 309, 27.11.2001, p. 1), as amended by:
-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).
(a) By way of derogation from Article 4 (3) and Part A of Annexes III, IV and VII to Directive 2001 /80/EC, emission limit values for sulphur dioxide and dust shall not apply in Bulgaria to The following installations up to the date specified for each unit of said installations:
-CT " Varna " :
-drive 1 until December 31, 2009;
-drive 2 until December 31, 2010;
-drive 3 until December 31, 2011;
- Drive 4 until December 31, 2012;
-drive 5 until December 31, 2013;
-drive 6 until December 31, 2014.
-CT " Bobov dol " :
-drive 2 until December 31, 2011;
-drive 3 until December 31, 2014.
-CT " Ruse-East " :
-units 3 and 4 until December 31, 2009;
-units 1 and 2 until December 31, 2011.
-CT to " Lukoil Neftochim " Burgas:
-drives 2, 7, 8, 9, 10, and 11 until December 31, 2011.
During this period Emissions of sulphur dioxide and dust from all combustion plants covered by Directive 2001 /80/EC do not exceed the following intermediate ceilings:
-for 2008: 179,700 tonnes of SO2 per year; 8,900 tonnes Tonnes of dust per year;
-for 2012: 103 000 tonnes of SO2 per year; 6 000 tonnes of dust per year.
b) By way of derogation from Article 4 (3) and Annex VI, Part A of Directive 2001 /80/EC, emission limit values For nitrogen oxides shall not apply in Bulgaria until 31 December 2011 for units 2, 7, 8, 9, 10 and 11 of the CT combustion plant to " Lukoil Neftochim " Burgas.
During this transitional period, emissions of oxides Of all the combustion plants covered by Directive 2001 /80/EC do not exceed the following intermediate ceilings:
-for 2008: 42 900 tonnes per year;
-for 2012: 33 300 tonnes per year.
c) Bulgaria presents to The Commission, by 1 January 2011, an updated plan, including an investment plan, relating to the gradual alignment of facilities which would still not be in conformity, clearly specifying the stages of the implementation of the The acquis.
These plans ensure a further reduction of emissions at a level significantly below the intermediate objectives specified in points (a) and (b), in particular for emissions during the period 2012-2014. If the Commission, having regard in particular to the effects on the environment and the need to reduce distortions of competition in the internal market resulting from the transitional measures, considers that these plans are not sufficient to achieve the It informs Bulgaria of its objectives. In the following three months, Bulgaria communicates the measures it has taken to achieve these objectives. If, subsequently, the Commission considers, after consulting the Member States, that these measures are not sufficient to achieve these objectives, it initiates infringement proceedings in accordance with Article III-360 of the Constitution.


A P P E N D I C E TO A N N E X E V I
Chapter I
List of milk processing establishments that process or process non-compliant milk
referred to in Chapter 4, Section B, point (a) of Annex VI


You can view the table in OJ
No. 22 of 26/01/2007 text number 6




Chapter II
List of establishments that transform both the compliant and the Non-conforming milk
referred to in Chapter 4, Section B, points a) and c), of Annex VI


You can consult the table in OJ
No 22 of 26/01/2007 text number 6



A N N E X E V I I
LIST REFERRED TO IN ARTICLE 20 OF THE PROTOCOL:
TRANSITIONAL MEASURES-ROMANIA
1. FREE MOVEMENT OF PERSONS


Treaty establishing a Constitution for Europe.
31968 R 1612: Council Regulation (EEC) No 1612/68 of 15 October 1968 on the free movement of workers within the Community Community (OJ L 257, 19.10.1968, p. 2), as last amended by:
-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 on 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 members of their families to move and reside freely within the territory of the Member States, Amending Regulation (EEC) No 1612/68 and repealing Directives 64/2 2 1/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 subject to the transitional provisions laid down in points 2 to 14 with regard to the free movement of workers and free movement Provision of services involving temporary movement of workers, as defined in Article 1 of Directive 96 /71/EC, between Romania, of the one part, and each of the present Member States, of the other
. By way of derogation from Articles 1 to 6 of Regulation (EEC) No 1612/68 and until the end of a period of two years following the date of accession, the existing Member States shall apply national measures, or measures resulting from bilateral agreements, which Regulate the access of Romanian nationals to their labour market. The current Member States may continue to apply these measures up to the end of the five-year period following the date of accession.
Romanian nationals legally working in a current Member State on the date of accession and who Shall be admitted to the labour market of that Member State for an uninterrupted period equal to or greater than twelve months, may benefit from access to the labour market of that Member State, but not to the labour market of other Member States which Apply national measures.
Romanian nationals admitted to the labour market of a current Member State following accession for an uninterrupted period equal to or greater than twelve months also benefit from the same Rights.
Romanian nationals referred to in the second and third subparagraphs shall cease to enjoy the rights provided for in those subparagraphs if they voluntarily leave the labour market of the present Member State in question
Romanians who work legally in a current Member State on the date of accession, or during a period when national measures are applied, and which are admitted to the labour market of that Member State for a period of less than twelve months Do not have 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 referred to in paragraph 2 on the basis of a report by the Commission
The end of the two-year period following the date of accession, the current Member States shall inform the Commission whether they continue to apply national measures or measures resulting from bilateral agreements, or whether they now apply the Articles 1 to 6 of Regulation (EEC) No 1612/68. Failing this notification, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply.
4. A further examination may take place at the request of Romania. The procedure referred to in paragraph 3 shall apply and shall be completed within six months of the receipt of the request from
. A Member State now taking national measures or measures resulting from bilateral agreements at the end of the five-year period referred to in paragraph 2 may extend them, after notifying the Commission, up to the end of the seven-year period Following the date of accession if the labour market undergoes or is threatened with serious disturbance. Failing this notification, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply.
6. During the seven-year period following the date of accession, the Member States in which, by virtue of paragraph 3, 4 or 5, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply in respect of Romanian nationals, and who issue Work permits to Romanian nationals for observation during this period will do so automatically.
7. 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 may resort to the procedures provided for in the following paragraphs up to the end The period of seven years following the date of accession.
Where a Member State referred to in the first subparagraph undergoes or foresees disturbances in its labour market which could pose a serious threat to the standard of living or employment in a region or Profession, it shall notify the Commission and the other Member States by providing them with all relevant indications. On the basis of these indications, the Member State may request the Commission to declare that the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is wholly or partly suspended in order to ensure the recovery of the situation in That region or profession. The Commission shall decide on the suspension, as well as the duration and scope of the suspension, no later than two weeks after having received the application and shall inform the Council of its decision. Within two weeks after the Commission has taken its decision, any Member State may request the annulment or amendment of that decision by the Council. The Council shall act on this request by a qualified majority within two weeks.
In urgent and exceptional cases, a Member State referred to in the first subparagraph may suspend the application of Articles 1 to 6 of Regulation (EEC) No 1612/68; It sends a reasoned notification to the Commission.
8. As long as the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended pursuant to paragraphs 2 to 5 and 7, Article 23 of Directive 2004 /38/EC applies, as far as the right of members of the family of workers is concerned To be employed, in Romania as regards nationals of the current Member States and in the current Member States with regard to Romanian nationals, under the following conditions:
-the spouse of a worker and their Descendants of less than twenty-one years or dependants who are legally residing with the worker in the territory of a Member State on the date of accession shall immediately have access to the labour market of that Member State from that date. This provision shall not apply to members of the family of a worker lawfully admitted to the labour market of that Member State for less than 12 months;
-the spouse of a worker and their descendants less than Twenty-one years or a dependant legally residing with the worker in the territory of a Member State from a date later than the date of accession, but during the period of application of the abovementioned transitional provisions, have access To the labour market of the Member State concerned when they have been resident in that Member State for at least 18 months or from the third year following the date of accession, whichever is the
. Without prejudice to more favourable measures, whether national or the result of bilateral agreements.
9. To the extent that the provisions of Directive 2004 /38/EC which reproduce the provisions of Directive 68 /360/EEC (1) cannot be dissociated from those of Regulation (EEC) No 1612/68, the application of which is deferred pursuant to paragraphs 2 At 5 and 7 and 8, Romania and the current Member States may derogate from these provisions to the extent necessary for the application of paragraphs 2 to 5 and 7 and 8.

(1) Council Directive 68 /360/EEC of 15 October 1968 on the deletion Restrictions on the movement and residence of workers of the Member States and their families within the Community (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).


10. Where national measures or measures resulting from bilateral agreements are applied by the present Member States under the transitional provisions referred to above, Romania may maintain in force equivalent measures in respect of Nationals of the Member State or Member States in question.
11. If the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by one of the present Member States, Romania may resort to the procedures provided for in paragraph 7 with regard to Bulgaria. During this period, work permits issued by Romania for observation purposes to Bulgarian nationals are issued automatically.
12. A current Member State which applies national measures in accordance with paragraphs 2 to 5 and 7 to 9 may decide, pursuant to its domestic law, to grant greater freedom of movement than that existing on the date of accession, including Full access to the labour market. From the third year following the date of accession, a current Member State applying national measures may decide at any time to apply Articles 1 to 6 of Regulation (EEC) No 1612/68 instead of those measures. The Commission is informed of this decision.
13. To deal with serious disturbances or threats of serious disruption in certain sensitive areas of labour market services that may arise in certain regions as a result of the provision of transnational services, As defined in Article 1 of Directive 96 /71/EC, and as long as they apply to the free movement of Romanian workers, by virtue of the abovementioned transitional provisions, national measures or resulting measures Bilateral agreements, Germany and Austria may, after notifying the Commission, derogate from the first paragraph of Article III-144 of the Constitution with a view to limiting, in the context of the provision of services by undertakings established in Romania, the temporary movement of workers whose right to accept work in Germany and Austria is subject to national measures.
The list of services which may be affected by this derogation is the Next:
-in Germany:


You can view the table in OJ
No 22 of 26/01/2007 text number 6



-in Austria:


You can consult the Table in OJ
No 22 of 26/01/2007 text number 6



To the extent that Germany or Austria derogates 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 application of this paragraph shall not create, for the temporary movement of workers in the context of the provision of transnational services Between Germany or Austria and Romania, conditions that are more restrictive than those prevailing on the date of signature of the Accession Treaty.
14. The application of paragraphs 2 to 5 and 7 to 12 shall not have the effect of creating conditions of access more restrictive to the labour market of the current Member States for Romanian nationals than those existing at the date of signature of the Treaty Notwithstanding
application of the provisions laid down in paragraphs 1 to 13, the present Member States shall give preference to workers who are nationals of Member States rather than to workers who are nationals of Third countries with regard to access to their labour market during periods of application of national measures or measures resulting from bilateral agreements.
Romanian migrant workers and their families residing and working Lawfully in another Member State or migrant workers from other Member States and their families lawfully resident and working in Romania are not treated in a more restrictive way than those originating from a third State And who reside and work in that Member State or in Romania, as the case may be. In addition, in application of the principle of Community preference, migrant workers from third countries who reside and work in Romania are not treated more favourably than Romanian nationals.


2. LIBRE SERVICE DELIVERY


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 March 1997, p. 22).
By way of derogation from Article 4 (1) of Directive 97 /9/EC, the minimum level of compensation shall not apply to Romania until 31 December 2011. Romania shall ensure that its investor compensation system guarantees coverage of at least EUR 4 500 from 1 January 2007 to 31 December 2007, from at least EUR 7 000 from 1 January 2008 to 31 December 2008, of at least EUR 9 000 from 1 From January 2009 to 31 December 2009, at least EUR 11 000 from 1 January 2010 to 31 December 2010, and at least EUR 15 000 from 1 January 2011 to 31 December 2011.
During the transitional period, the other Member States will retain the right to To prevent a branch of a Romanian investment firm established in their territory from carrying on business, unless the branch has acceded to a system of indemnification of investors officially recognised in the territory Of the Member State concerned and until it has acceded to such a system, in order to cover the difference between the level of compensation proposed by Romania and the minimum level referred to in Article 4 (1) of Directive 97 /9/EC.


3. FREE CIRCULATION OF CAPITAL


Treaty establishing a Constitution for Europe.
1. Notwithstanding the obligations laid down in the Treaty establishing a Constitution for Europe, Romania may maintain in force for a period of five years from the date of accession the restrictions provided for in its legislation in force at Moment of signature of the Treaty of Accession with regard to the acquisition of property rights on land intended for the establishment of a secondary residence by nationals of the Member States or States Parties to the Agreement on The European Economic Area (EEA Agreement) which does not reside in Romania and by companies incorporated in accordance with the law of another Member State or of a State Party to the EEA Agreement which are not established in Romania and which have neither
nationals of the Member States and nationals of the States party to the Agreement on the European Economic Area lawfully resident in Romania shall not be subject to the provisions referred to in the Any rules and procedures other than those applicable to Romanian nationals.
2. Notwithstanding the obligations laid down in the Treaty establishing a Constitution for Europe, Romania may maintain in force for a period of seven years from the date of accession the restrictions provided for in its legislation in force at Moment of signature of the Accession Treaty with regard to the acquisition of agricultural land, forests and silviculture by nationals of the Member States, by nationals of the States Parties to the Agreement on the Economic Area And by companies incorporated in accordance with the law of another Member State or of a State Party to the EEA Agreement which are neither established nor registered in Romania. In no case, with regard to the acquisition of agricultural land, forests or silvicultural land, a national of a Member State may be treated less favourably than on the date of signature of the Treaty of Accession or more A national of a third country.
Self-employed farmers who are nationals of another Member State who wish to settle and reside in Romania shall not be subject to the provisions referred to in the preceding paragraph or All procedures other than those applicable to Romanian nationals.
A general review of these transitional measures shall be carried out in the third year following the date of accession. To this end, the Commission shall submit a report to the Council. The Council may, acting unanimously on a proposal from the Commission, decide to shorten the transitional period referred to in the first subparagraph or to terminate it.


4. COMPETITION POLICY
A. -Tax aids


1. Treaty establishing a Constitution for Europe, Part III, Title III, Chapter I, Section 5-Competition rules.
(a) Notwithstanding Articles III-167 and III-168 of the Constitution, Romania may continue to grant undertakings which have Received the permanent certificate of investor in a disadvantaged area before 1 July 2003 of the exemption for corporate tax pursuant to the Government Emergency Ordinance No 24/1998 on less-favoured areas, As modified:
-for three disadvantaged areas (Brad, Valea Jiului, Balan) up to 31 December 2008 included;
-for 22 less-favoured areas (Comanesti, Bucovina, Altan, Tepe, Filipesti, Ceptura, Albeni, Schela, Motru Rovinari, Rusca Montana, Bocsa, Moldova Noua-Anina, Baraolt, Apuseni, Stei-Nucet, Borod Suncuius-Dobresti, Vadu Crisului, Popesti-Derna-Alesd, Ip, Hida-Surduc-Jibou-Balan, Sarmasag-Chiejd-Bobota, Baia Mare, Borsa Viseu, Rodna) until 31 December 2009 inclusive;
- For three less-favoured areas (Cugir, Zimnicea, Copsa Mica) until 31 December 2010 inclusive,
under the following conditions:
State aid is granted to regional investments:
-net intensity of regional aid Must not exceed 50 % net subsidy equivalent. This limit can be increased by 15 points for small and medium-sized enterprises, provided that the total net aid intensity does not exceed 75 %;
-if the company operates in the automotive sector (1), the total amount of the aid cannot Exceed 30 % of the investment costs eligible for aid;
-the period used to calculate the amount of aid to be included within the limit of the abovementioned ceilings starts on 2 January 2003; all the aid requested and obtained On the basis of the profits prior to that date are not taken into account in the calculation;
-to calculate the total amount of the aid, account shall be taken of all the aid granted to the beneficiary in respect of costs which may open Aid, including aid granted under other schemes and irrespective of origin (local, regional, national or Community);
-costs which may be eligible for aid are defined by reference to the guidelines Concerning State aid for regional purposes (2);
-costs which may be eligible for aid are those incurred between 2 October 1998 (i.e. the date of entry into force of the scheme established by the government order) 24/1998 on disadvantaged areas) and 15 September 2004.

(1) In the sense of Annex C of the Commission communication entitled ' Multisectoral framework for regional aid for large projects Investment " (OJ C 70, 19.3.2002, p. 8). Communication as last amended and published in OJ C 263, 1 November 2003, p. 3. (2) OJ C 74, 10.3.1998, p. 9. Guidelines as last amended and published in OJ C 258, 9.9.2000, p. 5.


b) Romania provides the Commission with:
-two months after the date of accession, information on compliance with the conditions set out above;
-end of December 2010 at the latest, information on costs May open the right to assistance under the Government Emergency Ordinance No 24/1998 on the abovementioned less-favoured areas, as amended, and which have actually been incurred by the beneficiaries, as well as on The total amount of assistance they received; and
-semi-annual reports on tracking assistance to recipients in the automotive sector.
2. Treaty establishing a Constitution for Europe, Part III, Title III, Chapter I, Section 5-Competition rules.
(a) Notwithstanding Articles III-167 and III-168 of the Constitution, Romania may continue to grant undertakings which have Signed commercial contracts with the administrations of the free zones before 1 July 2002 of the exemptions from the fee on the basis of Law No 84/1992 on free zones, as amended, until 31 December 2011 at the The following conditions apply:
State aid is granted to regional investments:
-the net intensity of regional aid must not exceed 50 % net subsidy equivalent. This limit can be increased by 15 points for small and medium-sized enterprises, provided that the total net aid intensity does not exceed 75 %;
-if the company operates in the automotive sector (1), the total amount of the aid cannot Exceed 30 % of the investment costs eligible for aid;
-the period used to calculate the amount of aid to be included within the limit of the abovementioned ceilings starts on 2 January 2003; all the aid requested and obtained On the basis of the profits prior to that date are not taken into account in the calculation;
-to calculate the total amount of the aid, account shall be taken of all the aid granted to the beneficiary in respect of costs which may open Aid, including aid granted under other schemes and irrespective of origin (local, regional, national or Community);
-costs which may be eligible for aid are defined by reference to the guidelines Concerning State aid for regional purposes (2);
-costs which may be eligible for aid are those incurred between 30 July 1992 (i.e. the date of entry into force of the scheme established by Law No 84/1992 on In free zones) and 1 November 2004.

(1) For the purposes of Annex C of the Commission communication entitled ' Multisectoral framework for regional aid for major investment projects " (OJ C 70, 19.3.2002, P. 8). Last amended and published in OJ C 263, 1.11.2003, p. 3. (2) OJ C 74, 10.3.1998, p. 9. Guidelines as last amended and published in OJ C 258, 9 September 2000, p. 5.


b) Romania provides the Commission with:
-two months after the date of accession, information on compliance with the above conditions;
-end of December 2011 at the latest, information on costs Which may open the right to aid under Act No 84/1992 on free zones, as amended, and which were actually incurred by the beneficiaries, and on the total amount of aid received by the beneficiaries ; and
-semi-annual reports on tracking assistance to recipients in the automotive sector.


B. -Restructuring of the steel industry


Treaty establishing a Constitution Part III, Title III, Chapter I, Section 5. -Competition rules.
1. Notwithstanding Articles III-167 and III-168 of the Constitution, State aid granted by Romania for the restructuring of specified sectors of the Romanian steel industry between 1993 and 2004 shall be deemed to be compatible with the market Provided that:
-the period laid down in Article 9 (4) of Protocol No 2 on ECSC products of the European Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania (1), on the other hand, has been extended until 31 December 2005;
-the procedures laid down in the national restructuring plan and in the individual business plans on the basis of which the aforementioned protocol has been extended Followed throughout the period 2002-2008;
-the conditions set out in these provisions and in Appendix A are met;
-no State aid, whatever the form, is granted or paid to the mills subject to the National restructuring programme from 1 January 2005 to 31 December 2008, end of the restructuring period, and
-no state aid for restructuring is granted or paid to the Romanian steel industry after 31 December 2004. For the purposes of these provisions and in Appendix A, " State aid for restructuring ', any measure concerning steel undertakings which constitutes State aid within the meaning of Article 87 (1) of the EC Treaty and which does not May be regarded as compatible with the common market by virtue of the rules normally applicable in the Community.

(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).


2. Only the undertakings listed in Appendix A, Part I (hereinafter referred to as the " Recipient companies "), can benefit from state aid as part of the Romanian steel industry restructuring programme.
3. The 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 accordance with the conditions laid down in the present provisions and In Appendix A, shall be completed by 31 December 2008 at the latest (date shown below under the name " The end of the restructuring period).
4. A recipient company may not:
a) in the case of a merger with a business not listed in Appendix A, Part I, transmit the benefit of the assistance granted to it; and
(b) take back the assets of a business that is not Appendix A, Part I, and provide the benefit of the assistance granted to it during the period up to December 31, 2008.
5. Any subsequent change in ownership of a beneficiary undertaking shall respect the conditions and principles relating to viability, State aid and capacity reduction which are defined in these provisions and in the Appendix A.
6. Businesses not listed in the list of " Recipient companies " In Appendix A, Part I, do not receive State aid for restructuring or any other aid deemed not to be compatible with the Community rules in question Of State aid and are not required to reduce their capacity in this context. No reduction in capacity of these firms is accounted for for the minimum reduction.
7. The total gross amount of restructuring aid to be approved for each beneficiary undertaking shall be determined on the basis of the justifications for each aid measure provided for in the national restructuring programme and the plans Final individual undertakings which will be approved by the Romanian authorities and subject to the final verification of compliance with the criteria laid down in Article 9 (4) of Protocol No 2 to the European Agreement and the approval of the Council. In any event, the total gross amount of restructuring aid granted and paid during the period 1993-2004 does not exceed 49 985 billion lei (ROL). Below this overall ceiling, the following sub-ceilings or maximum amounts are applied for State aid granted and paid to each beneficiary company in the period 1993-2004:
Ispat Sidex Galati 30 598 billion ROL
Siderurgica Hunedoara 9 975 billion ROL
CS Resita 4 707 billion ROL
IS Câmpia Turzii 2 234 billion ROL
COS Târgoviste 2 399 billion ROL
Donasid (Siderca) Cãlãrasi 72 billion ROL
State aid must Conclude, at the end of the restructuring period, the viability of the companies benefiting from the normal market conditions. The amount and extent of this aid must be strictly limited to what is absolutely necessary in order to restore this viability. Sustainability shall be determined taking into account the reference criteria referred to in Appendix A, Part III.
No further assistance is granted by Romania for the restructuring of its steel industry.
8. The total net capacity reductions to be achieved by the recipient companies for the period 1993-2008 must be at least 2.05 million tonnes.
These capacity reductions are measured on the basis of a closure The final disposal of the hot-rolled steel facilities involved, by physical destruction of a magnitude that does not permit the refurbalization of the facilities in service. The declaration of bankruptcy of a beneficiary undertaking shall not be regarded as a reduction in capacity (1).
The minimum net reduction of 2.05 million tonnes and the dates for the cessation of production and final closure of the Installations concerned must comply with the timetable set out in Appendix A, Part II.

(1) Capacity reductions must be final within the meaning of Commission Decision No 3010 /91/ECSC (OJ L 286, 6.10.1991, p. 20.)


9. Individual business plans are approved in writing by the recipient companies. They are implemented and include, in particular:
a) for Ispat Sidex Galati:
i) the implementation of the investment programme for the modernisation of work, improvement of yields, reduction of costs (in particular for this That is energy consumption) and quality improvement;
ii) orientation towards higher value-added steel flat product market segments; and
iii) improved operational efficiency and Organizational management;
iv) the completion of the company's financial restructuring;
v) the implementation of the investments required to comply with environmental legislation; and
b) for Siderurgica Hunedoara:
i) modernization of facilities to achieve planned sales plan;
ii) improved operational efficiency and organizational management; and
iii) implementation of investments Necessary to comply with environmental legislation;
(c) for IS Câmpia Turzii:
i) increased production of value-added and processed products;
ii) implementation of the investment programme In order to improve the quality of production;
iii) the improvement of operational efficiency and organisational management;
iv) the implementation of the investments necessary to comply with the relevant legislation Environment;
d) for CS Resita:
i) specialisation in semi-finished products to supply the local pipe industry;
ii) closure of inefficient capacities;
iii) implementation of Investments required to comply with environmental legislation;
e) for COS Târgoviste:
i) increase in the share of higher value added products;
ii) program implementation Investment in order to achieve cost reduction, greater efficiency and quality improvement; and
iii) the implementation of the necessary investments to comply with environmental legislation ;
f) for Donasid Cãlãrasi:
i) the implementation of the investment programme for the modernisation of work;
ii) the increase in the share of the finished products;
iii) the implementation of the investments needed to Comply with environmental legislation.
10. Any further changes to the national restructuring programme and individual business plans must be approved by the Commission and, where appropriate, by the
. The implementation of restructuring takes place in conditions of full transparency and on the basis of sound market economy principles.
12. The Commission and the Council shall monitor closely the implementation of the restructuring programme and individual business plans, as well as compliance with the conditions set out in these provisions and in Appendix A before and after accession Until 2009. The Commission is following in particular the main commitments and provisions set out in points 7 and 8 concerning state aid, viability and capacity reductions, in particular on the basis of the criteria for the evaluation of restructuring Statements in point 9 and in Appendix A, Part III. To this end, the Commission shall report to the
. Monitoring includes independent evaluations that are conducted annually from 2005 to 2009.
14. Romania is cooperating fully with regard to the control provisions. In particular:
-Romania shall submit semi-annual reports to the Commission no later than 15 March and 15 September each year, unless the Commission decides otherwise. The first report will have to be presented on 15 March 2005 and the last on 15 March 2009;
-these reports contain all the information required to follow the restructuring process and the reduction and use of capacity, as well as Sufficient financial data to assess whether the conditions and requirements set out in these provisions and in Appendix A have been met. The reports shall contain at least the information indicated in these provisions and in Appendix A, Part IV, that the Commission reserves the right to modify according to the experience acquired in the monitoring process. In addition to the activity reports of the beneficiary companies, a report is also drawn up on the overall situation of the Romanian steel sector, including recent macroeconomic developments;
-Romania requires Companies that they disclose all relevant data which, in other circumstances, would be considered confidential. In its reports to the Council, the Commission shall ensure that confidential information concerning a particular undertaking is not disclosed.
15. An advisory committee made up of representatives of the Romanian authorities and the Commission also meets every six months. Meetings of this advisory committee may also be held in other ways if deemed necessary by the Commission.
16. If the Commission establishes, on the basis of the monitoring, that the existing situation presents substantial deviations from the forecasts of macroeconomic developments, the financial situation of the recipient companies or the assessment of the Viability, it may ask Romania to take appropriate measures to strengthen or modify the restructuring measures of the benefiting companies concerned.
17. In the event that the follow-up reveals:
(a) any of the conditions set out in these provisions and in Appendix A has not been fulfilled, or;
(b) any of the commitments made by Romania in the context of the Extension of the period during which it may exceptionally grant State aid for the restructuring of the steel industry under the European Agreement has not been complied with, or
(c), during the period of Restructuring, Romania has granted additional State aid incompatible with the beneficiary undertakings or any steel undertaking,
the Commission shall take the necessary steps to require any undertaking concerned to Repayment of any aid granted in breach of the conditions laid down in these provisions and in Appendix A. Where appropriate, the safeguard clauses referred to in Article 37 or Article 39 of the Protocol shall be applied.


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 by grubbing-up of hybrid varieties which cannot be included in the classification of Varieties of vines which occupy an area of 30 000 hectares. These replanting rights may only be used until 31 December 2014 and exclusively for planting in Vitis vinifera.
The restructuring and conversion of these vineyards will not be eligible for the Community support provided for in the Article 13 of Regulation (EC) No 1493/1999. However, state aid may be granted for costs resulting from restructuring and conversion. Such State aid may not exceed 75 % of the total costs per vineyard.


B. -Veterinary and plant health 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 foodstuffs of animal origin (OJ L 139, 30.4.2004, p. 55).
(a) The structural requirements laid down in Annex II, Chapter II, of Regulation (EC) No 852/2004 and in Annex III, Section I, Chapters II and III, Annex III, Section II, Chapters II and III, and Annex III, Section V, Chapter I, of Regulation (EC) No 853/2004, do not apply to the establishments in Romania listed in Appendix B to this Annex before 31 December 2009, subject to the following conditions.
(b) As long as the establishments referred to in point (a) Benefit from the provisions of this point, products originating in those establishments are exclusively placed on the domestic market or subject to other transformations in establishments in Romania also covered by the provisions of point (a), Regardless of the date of commercialization. These products must bear a different safety or identification mark than that provided for in Article 5 of Regulation (EC) No 853/2004.
The preceding subparagraph shall also apply to all products originating from integrated establishments in the Meat sector if part of the establishment is subject to the provisions of point (a).
(c) The milk processing establishments listed in Appendix B to this Annex may, until 31 December 2009, receive deliveries Raw milk not in accordance with the requirements set out in Annex III, Section IX, Chapter I, Parts II and III of Regulation (EC) No 853/2004 or having been manipulated in accordance with those requirements, provided that the holdings of which Supplies of milk are included on an updated list for this purpose by the Romanian authorities. Romania shall submit annual reports to the Commission on the progress made in the upgrading of these dairy farms and the milk collection system.
d) Romania shall ensure gradual compliance with the structural requirements Subject to point (a). Before the date of accession, Romania shall submit to the Commission an upgrade plan approved by the competent national veterinary authority for each of the establishments covered by the provisions of point (a) and listed in Appendix B. The plan Includes a list of all deficiencies with respect to the requirements referred to in a and indicates the expected date to be filled. Romania shall submit annual reports to the Commission on the progress made in each of the institutions. Romania shall ensure that only those establishments which comply fully 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 (1), update Appendix B to this Annex before accession and until 31 December 2009 and, in this context, may add or remove institutions, in the light of the progress made in the correction of deficiencies
for implementing the transitional arrangements referred to above may be adopted in accordance with the procedure referred to in Article 58 of Regulation (EC) No 178/2002.

(1) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and general requirements of food law, establishing the European Safety Authority Foodstuffs and laying down procedures for the safety of foodstuffs (OJ L 31, 1.2.2002, p. Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).


II. -Plant health 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 transmission of the information referred to in Annex II and Annex III to Directive 91 /414/EEC for the Plant protection products currently authorised in Romania and marketed exclusively in the Romanian territory containing copper (sulphate, oxychloride or hydroxide), sulphur, acetochlore, dimethoate and 2,4-D compounds, to Condition that these components are then set out in Annex I to that directive. The above deadlines can be carried forward no later than December 31, 2009, except for 2,4-D, for which the deadline cannot be extended beyond December 31, 2008. The above provisions apply only to the undertakings concerned which started before 1 January 2005 to work effectively on the production or acquisition of the data requested.


6. TRANSPORT POLICY


1. 31993 R 3118: Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions for the admission of non-resident carriers to the national carriage of goods by road in a Member State (OJ L 279, 12.11.1993, p. 1), as last amended by:
-32002 R 0484: Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1.3.2002 (OJ L 76, 19.3.2002, p. (1).
(a) By way of derogation from Article 1 of Regulation (EEC) No 3118/93 and until the end of the third year following the date of accession, carriers established in Romania shall be excluded from the national carriage of goods by road in Other Member States, and carriers established in other Member States shall be excluded from the national carriage of goods by road in Romania.
(b) Before the end of the third year following the date of accession, the Member States Notify the Commission if they extend this period for a further period of up to two years or if they are now fully applying Article 1 of the Regulation. In the absence of such notification, Article 1 of the Regulation shall apply. Only carriers established in the Member States in which Article 1 of the Regulation applies may ensure the operation of national road transport services in the other Member States in which Article 1 applies Also.
(c) Member States, in which Article 1 of that Regulation applies under point b, may resort to the procedure described below until the end of the fifth year following the date of accession
Referred to in the preceding paragraph shall suffer a serious disturbance of its domestic market or of certain segments of that market, caused or aggravated by cabotage, such as a net surplus of supply in relation to the demand or a threat to stability Or for the survival of a large number of road transport undertakings, it shall inform the Commission and the other Member States and provide them with all the relevant details. On the basis of this information, the Member State may request the Commission to suspend, in part or in whole, the application of Article 1 of the Regulation in order to restore the normal
. Data provided by the Member State concerned and shall, within one month from the date of receipt of the request, decide whether or not to adopt safeguard measures. The procedure referred to in Article 7 (3), second, third and fourth paragraphs, and paragraphs 4, 5 and 6 of the Regulation shall apply.
A Member State referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of Article 1 of the Regulation, in which case it shall forward to the Commission a reasoned notification.
(d) As long as Article 1 of the Regulation does not apply in accordance with points a and b, Member States may regulate access to their National road haulage markets by progressively exchanging cabotage authorisations on the basis of bilateral agreements. This may include the possibility of total liberalisation.
e) The application of points a to c must not result in access to the national markets for the carriage of goods by road more restricted than at the time of signature of the Treaty
2. 31996 L 0053: Council Directive 96 /53/EC of 25 July 1996 laying down, for certain road vehicles circulating in the Community, the maximum dimensions permitted in national and international traffic and the maximum authorised traffic weights International (OJ L 235, 17.9.1996, p. 59), as last amended by:
-32002 L 0007: Directive 2002/7/EC of the European Parliament and of the Council of 18.2.2002 (OJ L 67, 9.3.2002, p. 47).
By way of derogation from Article 3 (1) of Directive 96 /53/EC, vehicles conforming to the limit values of categories 3.2.1, 3.4.1, 3.4.2 and 3.5.1 specified in Annex I to this Directive shall not be used until 31 December 2013 the non-modernised parts of the Romanian road network if they are in conformity with the limit values of weight per axle fixed by Romania.
As from the date of accession, no restrictions may be imposed on the use, by Vehicles meeting the requirements of Directive 96 /53/EC, the main transit axes referred to in Annex 5 to the EC-Romania transport agreement (1) 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 (2), which are listed below:
1. Alba Iulia-Turda-Zalau-Satu Mare-Halmeu (route E 81).
2. Zalau-Oradea-Bors (routes 1 H and E 60).
3. Marasesti-Bacau-Suceava-Siret (route E 85).
4. Tisitta-Tecuci-Husi-Albita (E 581).
5. Simeria-Hateg-Rovinari-Craiova-Calafat (road E 79).
6. Lugoj-Caransebes-Drobeta-Turnu Severin-Filiasi-Craiova (route E 70).
7. Craiova-Alexandria-Bucharest (Highway 6).
8. Drobeta-Turnu Severin-Calafat (route 56 A).
9. Bucharest-Buzãu (roads E 60 /E 85).
10. Bucharest-Giurgiu (roads E 70 /E 85).
11. Brasov-Sibiu (route E 68).
12. Timisoara-Stamora Moravita.

(1) Agreement between the European Community and Romania on transit by road establishing certain conditions for the carriage of goods by road of 28 June 2001 (OJ L 142, 31.5.2002, p. (2) OJ L 228, 9.9.1996, p. Decision as last amended by Decision No 884 /2004/EC (OJ L 167, 30.4.2004, p. 1).


Romania follows the schedule set out in the table below for the modernisation of its secondary road network as shown on the map below. Any infrastructure investment involving the use of funds from the Community budget is used to construct/modernise the road axes so that they can withstand an axle load of 11.5 tonnes.
At the same time as Completion of modernisation, access to the Romanian secondary road network is gradually being opened up to vehicles in international traffic complying with the limit values laid down in the Directive. For loading and unloading, as far as technical possibilities are concerned, the use of unmodernised parts of the secondary road network shall be authorised throughout the transitional period.
As from the date of accession, all Vehicles in international traffic complying with the limit values laid down in Directive 96 /53/EC may only be subject to temporary additional charges on the Romanian secondary road network if they exceed the national limits Axle load. Such vehicles shall not be subject to such temporary additional charges on the Romanian secondary road network if they exceed the national limits on the dimensions or total weight of vehicles. In addition, vehicles in international traffic complying with the limit values laid down in Directive 96 /53/EC and equipped with a pneumatic suspension pay less than at least 25 %.
Temporary additional charges Provision for the use of non-modernised parts of the secondary network by vehicles in international traffic complying with the limit values laid down by the Directive shall be perceived in a non-discriminatory manner. The royalty regime is transparent and the collection of fees does not impose an administrative burden or undue delay on users, nor does the collection of these charges lead to a systematic monitoring of the limits of Axle load at the border. Compliance with these limits shall be monitored in a non-discriminatory manner throughout the territory and shall also apply to vehicles registered in Romania.
The charges for vehicles not equipped with a pneumatic suspension and According to the limit values laid down in Directive 96 /53/EC do not exceed the level of the fees set out in the table below (figures for 2002). Vehicles equipped with a pneumatic suspension and complying with the limit values laid down in Directive 96 /53/EC pay less than at least 25 %.


Maximum level of charges (2002 figures) For vehicles equipped with a pneumatic
suspension and respecting the limit values laid down in Directive 96 /53/EC


You can consult the table in OJ
No 22 of 26/01/2007 text number 6




Schedule for the upgrade of the secondary road network that will be progressively opened
to vehicles complying with the limit values set by Directive 96 /53/EC


You can view the table in OJ
No 22 of 26/01/2007 text number 6






You can view the table in OJ
No 22 of 26/01/2007 Text number 6




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:
-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 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).
By way of derogation from Article 6 (1) of Directive 1999 /62/EC, the minimum rates of taxation laid down in Annex I to the Directive shall not apply until 31 December 2010, in Romania, to vehicles exclusively engaged in the National transport.
During this period, the rates applied by Romania to these vehicles gradually reach the minimum rates of taxation laid down in Annex I to the Directive according to the following timetable:
-for 1 January 2007, the rates applied by Romania are not less than 60 % of the minimum rates laid down in Annex I to the Directive;
-on 1 January 2009, the rates applied by Romania are not less than 80 % of the minimum rates provided for Annex I to the Directive.


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 Of 13.6.1977, p. 1), as last amended by:
-32004 L 0066: Council Directive 2004 /66/EC of 26.4.2004 (OJ L 168, 1.5.2004, p. 35).
For the purposes of applying Article 28 (3) (b) of Directive 77 /388/EEC, Romania may continue to exempt from the value added tax international transport of persons referred to in point 17 of Annex F to The Directive, until the condition laid down in Article 28 (4) of the Directive is fulfilled or until the same exemption is applied by one of the present Member States, whichever is the closest.
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:
-32003 L 0117: Council Directive 2003 /117/EC of 5.12.2003 (OJ L 333, 20.12.2003, p. (49).
By way of derogation from Article 2 (1) of Directive 92 /79/EEC, Romania may postpone the application of the overall minimum excise duty levied on the retail price (all taxes included) for cigarettes belonging to the class The most requested price until 31 December 2009, provided that during this period Romania progressively adjusts its excise rates so that they approximate the overall minimum excise duty provided for in the Directive
Article 8 of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements, detention, movement and control of products subject to excise duty (1) and after informing the Commission thereof, Member States may Maintain, as long as the abovementioned derogation is applicable, the same quantitative limits for cigarettes which may be introduced on their territory from Romania without payment of any additional excise duty Applied to imports from third countries. Member States which make use of this possibility may carry out the necessary checks on the condition that such controls do not impede the proper functioning of the internal market.

(1) 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).


3. 32003 L 0049: Council Directive 2003 /49/EC of 3 June 2003 on a common tax system 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:
-32004 L 0076: Council Directive 2004 /76/EC of 29.4.2004 (OJ L 157, 30.4.2004, p.
Romania is authorised not to apply the provisions of Article 1 of Directive 2003 /49/EC until 31 December 2010. During this transitional period, the rate of tax on interest payments or charges made in favour of an associated company of another Member State or in favour of a permanent establishment of an associated company of a Member State located in Another 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:
-32004 L 0075: Council Directive 2004 /75/EC of 29.4.2004 (OJ L 157, 30.4.2004, p.
(a) By way of derogation from Article 7 of Directive 2003 /96/EC, Romania may apply the following transitional periods:
-until 1 January 2011 to adapt the national level of taxation of unleaded petrol used as Fuel at a minimum level of 359 EUR per 1000 litres. The actual tax rate applied to unleaded petrol used as fuel shall not be less than EUR 323 per 1 000 litres from 1 January 2008;
-until 1 January 2013 to adapt the national level of taxation of the Diesel fuel used as a fuel at a minimum level of EUR 330 per 1000 litres. The actual tax rate applied to the fuel oil used as a fuel shall not be less than EUR 274 per 1000 litres from 1 January 2008, and EUR 302 per 1000 litres from 1 January 2011.
(b) Notwithstanding Article 9 Directive 2003 /96/EC, Romania may apply the following transitional periods:
-until 1 January 2010 to adapt the national level of taxation of natural gas used for non-professional heating purposes at the level Minimum taxation set out in Annex I, Table C;
-until 1 January 2010 to adapt the national level of taxation of heavy fuel oil used for district heating purposes to the minimum levels of taxation set out in Annex I, Table C;
- Until 1 January 2009 to adapt the national levels of taxation of heavy fuel oil used for purposes other than district heating to the minimum levels of taxation set out in Annex I, Table C.
The actual tax rate applied to products of 1 000 kg for 1 000 kg from 1 January 2007.
(c) By way of derogation from Article 10 of Directive 2003 /96/EC, Romania may apply a transitional period until 1 January 2010 for Adapt the national level of electricity taxation to the minimum levels of taxation laid down in Annex I, Table C. The actual tax rates applied to electricity shall not be less than 50 % of the minimum Community rate applicable to electricity. Effective January 1, 2007.


8. ENERGY


31968 L 0414: Council Directive 68 /414/EEC of 20 December 1968 requiring the Member States of the EEC to maintain a minimum level of crude oil and/or petroleum products (OJ L 308, 23.12.1968, p. 3. 14), as last amended by:
-31998 L 0093: Council Directive 98 /93/EC of 14.12.1998 (OJ L 358, 31.12.1998, p.
By way of derogation from Article 1 (1) of Directive 68 /414/EEC, the minimum level of stocks of petroleum products shall not apply to Romania before 31 December 2011. Romania shall ensure that its minimum level of stocks of petroleum products corresponds, for each of the categories of petroleum products referred to in Article 2, to at least the number of days of average daily domestic consumption Below, as defined in Article 1, paragraph 1:
-68.75 days to 1 January 2007;
-73 days as at 31 December 2007;
-77.25 days as at 31 December 2008;
-81.5 days as at 31 December 2009;
-85.45 days at 31 December 2010;
-90 days to December 31, 2011.


9. ENVIRONMENT
A. -Air quality


31994 L 0063: Directive 94 /63/EC of the European Parliament and of the Council of 20 December 1994 on the control of emissions of volatile organic compounds (VOCs) from the storage of petrol and Its distribution of 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 facilities in terminals shall not apply in Romania:
-until 31 December 2007 at 115 installations of Storage in 12 terminals and until 31 December 2008 at 4 storage facilities in 1 terminal with a loading rate of more than 25 000 tonnes per year, but less than or equal to 50 000 tonnes per year;
-until 31 December 2007 at 138 Storage facilities in 13 terminals, up to 31 December 2008 at 57 storage facilities in 10 terminals and until 31 December 2009 at 526 storage facilities in 63 terminals with load rate less than or equal to 25 000 tonnes per year.
2. By way of derogation from Article 4 and Annex II of Directive 94 /63/EC, the requirements for loading and unloading existing mobile tanks in terminals shall not apply in Romania:
-until 31 December 2007 to 36 loading and unloading facilities in 12 terminals with a flow rate of more than 25 000 tonnes per year, but less than or equal to 150 000 tonnes per year;
-until 31 December 2007 at 82 loading facilities and Unloading in 18 terminals, until 31 December 2008 at 14 loading and unloading facilities and until 31 December 2009 at 114 loading and unloading facilities in 58 terminals with a flow rate of less than or equal to 25,000 Tonnes per year.
3. By way of derogation from Article 5 of Directive 94 /63/EC, the requirements for mobile tanks existing in terminals shall not apply in Romania:
-until 31 December 2007 at 31 tank vehicles;
-until 31 December 2008 to 101 additional tank vehicles;
-until December 31, 2009 at 432 additional tank vehicles.
4. By way of derogation from Article 6 and Annex III to Directive 94 /63/EC, the requirements for filling existing storage facilities at service stations shall not apply in Romania:
-until 31 December 2007 at 116 service stations, until 31 December 2008 at 19 additional service stations and until 31 December 2009 at 106 additional service stations with a flow rate of more than 1 000 m³ per year;
-until 31 December 2007 at 49 service stations, Up to 31 December 2008 at 11 additional service stations and up to 31 December 2009 at 85 additional service stations with more than 500 m³ per year, but less than or equal to 1 000 m³ per year;
-until 31 December 2007 at 23 Service stations, until 31 December 2008 at 14 additional service stations and until 31 December 2009 at 188 additional service stations having a flow rate of less than or equal to 500 m³ per year.


B. -Management of Waste


1. 31993 R 0259: Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste at the entry and exit of the European Community (OJ L 30, 6.2.1993, p. 1), as last amended by:
-32001 R 2557: Commission Regulation (EC) No 2557/2001 of 28.12.2001 (OJ L 349, 31.12.2001, p. (1).
(a) Until 31 December 2015, all shipments to Romania of waste which are intended to be valued and listed in Annex II to Regulation (EEC) No 259/93 shall be notified to the competent authorities and treated in accordance with Articles 6, 7 and 8 of this Regulation.
(b) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the competent Romanian authorities may, until 31 December 2011, raise objections to transfers to Romania which is intended for the recovery of the following waste listed in Annex III, in accordance with the grounds of objection laid down in Article 4 (3) of that regulation. These transfers are governed by Article 10 of the
. -Metal Waste:
-AA 060 Vanadium Cendres and Residues;
-AA 080 Thallium Waste, Debris and Residues;
-AA 090 Arsenic Waste and Residues;
-AA 100 Mercury Wastes and Residues;
-AA 130 Likes from the Metal stripping.
AB. -Wastes containing mainly inorganic components, which may contain metals and organic materials:
-AB 010 Scories, ash and residues not elsewhere specified or included;
-AB 020 Residues from combustion of Municipal/household waste;
-AB 030 Wastes from surface treatment of metals using non-cyanide products;
-AB 040 Glass debris from cathode-ray tubes and other activated glasses;
-AB 050 Fluoride sludge from Calcium;
-AB 060 Other inorganic fluoride compounds in the form of liquids or sludges;
-AB 080 Used catalysts not listed on the green list;
-AB 090 Aluminum hydrate waste;
-AB 110 Basic solutions;
-AB 120 Inorganic halide compounds, not elsewhere specified or included.
AC. -Wastes containing mainly organic components, which may contain metals and inorganic materials:
-AC 040 Lead gasoline sludge;
-AC 050 Thermal fluids (heat transfer);
-AC 060 Fluids Hydraulic;
-AC 070 Brake fluids;
-AC 080 Antifreeze fluids;
-AC 090 Wastes from the production, preparation and use of resins, latex, plasticizers, glues and adhesives;
-AC 100 Nitrocellulose;
-AC 110 Phenols, phenolic compounds including chlorophenols, in the form of liquids or sludges;
-AC 120 Polychlorinated naphthalenes;
-AC 140 triethylamine catalysts used in the preparation of sand Foundry;
-AC 150 Chlorofluorocarbons;
-AC 160 Halons;
-AC 190 Pertussis-Automotive shredding (light fraction);
-AC 200 Organic phosphorus compounds;
-AC 210 Non-halogenated solvents;
-AC 220 Halogenated solvents;
-AC 230 Non-aqueous, halogenated or non-halogenated distillation residues from solvent recovery operations;
-AC 240 Wastes from the production of aliphatic halogenated hydrocarbons (such as Chloromethanes, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride and epichlorohydrin);
-AC 260 Swine, feces;
-AC 270 Wastewater treatment sludge.
AD. -Wastes that may contain components either inorganic or organic:
-AD 010 Wastes from the production and preparation of pharmaceutical products;
-AD 020 Wastes from production, preparation and The use of biocides and plant protection products;
-AD 030 Wastes from the manufacture, preparation and use of wood preservatives;
Waste containing, consisting of, or contaminated by one of the Following substances:
AD 040 Inorganic cyanides, except for residues of precious metals in solid form containing traces of inorganic cyanides;
AD 050 Inorganic cyanides;
-AD 080 Non-commercial wastes Subject to different legislation;
-AD 110 Acid solutions;
-AD 120 ion-exchange resins;
-AD 130 Disposable photographic apparatus with batteries;
-AD 140 Wastes from industrial pollution control facilities Purification of gaseous releases, not elsewhere specified or included;
-AD 150 Organic materials in the natural state used for the manufacture of filters (such as biological filters);
-AD 160 Municipal/household waste ;
-AD 170 Used coal with hazardous characteristics and resulting from the use of activated carbon in the inorganic and organic chemical industry, in the pharmaceutical industry, in the treatment of Used water, gas/air cleaning and similar processes.
This period may be extended until 31 December 2015 at the latest under the procedure referred to in Article 18 of Council Directive 75 /442/EEC. July 1975 on waste (1), as amended by Council Directive 91 /156/EEC (2).

(1) 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). (2) OJ L 78, 26.3.1991, p. 32.


(c) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the competent Romanian authorities may, until 31 December 2011, raise objections to shipments to Romania of waste Which are intended to be valued and which are listed in Annex IV to the Regulation, and in respect of shipments of waste which are intended to be valued and which are not listed in the annexes to that regulation, in accordance with the grounds of objection Referred to in Article 4 (3) of the Regulation. This period may be extended by no later than 31 December 2015 in accordance with the procedure laid down in Article 18 of Council Directive 75 /442/EEC of 15 July 1975 on waste (1), as amended by Council Directive 91 /156/EEC (2).

(1) 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). (2) OJ L 78, 26.3.1991, p. 32.


d) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the competent Romanian authorities raise objections to shipments of waste which are intended to be valued and which are Listed in Annexes II, III and IV to the Regulation and in respect of shipments of waste which are intended to be valued and which are not listed in those annexes and whose destination is a temporary derogation from Certain provisions of Directive 96 /61/EC of 24 September 1996 on the prevention and integrated reduction of pollution (1), of Directive 2000 /76/EC of the European Parliament and of the Council of 4 December 2000 on incineration Waste (2) or 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 atmosphere from large combustion plants (3), during the course of the Period during which this temporary derogation is applied to the place of destination.

(1) 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). (2) OJ L 332, 28.12.2000, p. 91. (3) 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).


2. 31994 L 0062: Directive 94 /62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10), last amended by:
-32004 L 0012: Directive 2004 /12/EC of the European Parliament and of the Council of 11.2.2004 (OJ L 47, 18.2.2004, p. 26).
(a) By way of derogation from Article 6 (1) (a) of Directive 94 /62/EC, Romania shall achieve the overall rate for recovery or incineration in waste incineration plants with energy recovery for the year 31 December 2011, in accordance with the following intermediate objectives:
-32 % by weight by 31 December 2006 at the latest, 34 % for 2007, 40 % for 2008, 45 % for 2009 and 48 % for 2010.
b) By way of derogation from Article 6, paragraph 1, point (b), of Directive 94 /62/EC, Romania reaches the overall rate for recovery or incineration in waste incineration plants with energy recovery by 31 December 2013, in accordance with the following intermediate objectives :
-53 % by weight for 2011 and 57 % for 2012.
(c) By way of derogation from Article 6 (1) (c) of Directive 94 /62/EC, Romania is meeting the recycling target for plastics by 31 December 2011, in accordance with Intermediate objectives:
-8 % by weight for 31 December 2006 at the latest, 10 % for 2007, 11 % for 2008, 12 % for 2009 and 14 % for 2010.
d) By way of derogation from Article 6 (1) (d) of Directive 94 /62/EC, the Romania met the overall recycling target for 31 December 2013, in line with the following intermediate targets:
-26 % by weight by 31 December 2006 at the latest, 28 % for 2007, 33 % for 2008, 38 % for 2009, 42 % for 2010, 46 % % for 2011 and 50 % for 2012.
e) By way of derogation from Article 6 (1) (e) (i) of Directive 94 /62/EC, Romania meets the recycling target for glass by 31 December 2013, in accordance with the intermediate objectives :
-21 % by weight by 31 December 2006 at the latest, 22 % for 2007, 32 % for 2008, 38 % for 2009, 44 % for 2010, 48 % for 2011 and 54 % for 2012.
f) By way of derogation from Article 6 (1) (e) (iv) of the Directive 94 /62/EC, Romania is meeting the recycling target for plastics, relying exclusively on materials recycled in the form of plastics, by 31 December 2013, in accordance with the following intermediate objectives:
-16 % in Weight for 2011 and 18 % for 2012.
g) By way of derogation from Article 6 (1) (e) (v) of Directive 94 /62/EC, Romania is meeting the recycling target for wood by 31 December 2011, in accordance with the intermediate objectives Following:
-4 % by weight by 31 December 2006 at the latest, 5 % for 2007, 7 % for 2008, 9 % for 2009 and 12 % for 2010.
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:
-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).
(a) By way of derogation from Article 14 (c) and points 2, 3, 4 and 6 of Annex I to Directive 1999 /31/EC and without prejudice to Council Directive 75 /442/EEC of 15 July 1975 on waste (1) and Directive 91 /689/EEC Council of 12 December 1991 on hazardous waste (2), requirements for water control and leachate management, soil and water protection, gas control and stability, do not apply to 101 discharges Municipalities existing in Romania until 16 July 2017.

(1) OJ L 194, 25.7.1975, p. 39. Directive amended by Directive 91 /156/EEC and last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1). (2) 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).


Romania ensures a progressive reduction in the volume of waste disposed of in these 101 non-conforming municipal landfill sites, in accordance with the following annual maximum quantities:
-for the 31 December 2006: 3 470 000 tonnes;
-by 31 December 2007: 3 240 000 tonnes;
-for 31 December 2008: 2 920 000 tonnes;
-by 31 December 2009: 2 920 000 tonnes;
-by 31 December 2010: 2 900 000 tonnes;
- For 31 December 2011: 2,740 000 tonnes;
-for 31 December 2012: 2 460 000 tonnes;
-for 31 December 2013: 2 200 000 tonnes;
-for 31 December 2014: 1 580 000 tonnes;
-by 31 December 2015: 1 420 000 tonnes Tonnes;
-by 31 December 2016: 1 210 000 tonnes.
b) By way of derogation from Article 5 (3) (a) and (b) and in Annex I, point 2, second indent, of Directive 1999 /31/EC and without prejudice to Article 6 (c) (ii), This Directive and Directive 75 /442/EEC, the requirements for liquid, corrosive and oxidizing waste and for preventing surface water from seeping into landfill waste do not apply in Romania to the 23 Existing facilities listed below until the date specified for each facility:
Until December 31, 2007:
1. SC BEGA UPSOM Ocna Mures, Ocna Mures, Alba Department.
Until December 31, 2008:
2. SC TERMOELECTRICA SA-SE Doicesti, Doicesti, Dâmbovita department.
3. SC COMPLEXUL ENERGETIC ROVINARI SA, Cicani-Beterega, Gorj department.
4. RAAN Drobeta-Turnu Severin-Sucursala ROMAG-TERMO, Drobeta-Turnu Severin, Mehedinti Department.
Until December 31, 2009:
5. COMPLEXUL ENERGETIC CRAIOVA-SE Craiova, Valea Manastirii, Dolj department.
6. COMPLEXUL ENERGETIC CRAIOVA-SE Isalnita, Isalnita II, Dolj department.
7. COMPLEXUL ENERGETIC CRAIOVA-SE Isalnita, Isalnita I, Dolj department.
8. SC ELECTROCENTRALE DEVA SA-SE Paroseni, Caprisoara, Hunedoara Department.
9. SC TERMICA SA Suceava, Suceava, Suceava department.
Until December 31, 2010:
10. SC ELECTROCENTRAL DEVA SA, Bejan, Hunedoara department.
11. SC ALUM Tulcea, Tulcea, Tulcea Department.
Until December 31, 2011:
12. SC UZINA TERMOELECTRICA GIURGIU SA, Giurgiu, Department of Giurgiu.
Until 31 December 2012:
13. CET Bacau, Furnicari-Bacau, Bacau.
14. HC COMPLEXUL ENERGETIC TURCENI, Valea Ceplea, département de Gorj.
15. HC COMPLEXUL ENERGETIC TURCENI, Valea Ceplea, département de Gorj.
16. SC UZINELE SODICE Govora, Govora, Vâlcea department.
17. SC CET Govora SA, Govora, Department of Vâlcea.
Until December 31, 2013:
18. SC CET Arad, Arad, Arad Department.
19. SC ELECTROCENTRALE ORADEA SA, Sântaul Mic, Department of Bihor.
20. SC ELECTROCENTRALE ORADEA SA, Sântaul Mic, Department of Bihor.
21. SC ELECTROCENTRALE ORADEA SA, Sântaul Mic, Department of Bihor.
22. CET II Iasi, Holboca, Iasi department.
23. SC Uzina Electrica Zalau, Hereclean-Panic, department of Salaj.
Romania ensures a gradual reduction in the volume of liquid waste discharged to these 23 existing non-conforming installations, in accordance with the maximum quantities Annual:
-for December 31, 2006: 11 286 000 tonnes;
-for December 31, 2007: 11 286 000 tonnes;
-for December 31, 2008: 11 120 000 tonnes;
-for December 31, 2009: 7 753 000 tonnes;
-for 31 December 2010: 4 803 000 tonnes;
-by 31 December 2011: 3 492 000 tonnes;
-by 31 December 2012: 3 478 000 tonnes;
-by 31 December 2013: 520 000 tonnes.
c) By way of derogation from Article 5 (3) (a) And b, and in Annex I, point 2, second indent, of Directive 1999 /31/EC and without prejudice to Article 6 (c) (ii) of that Directive and Directive 75 /442/EEC, the requirements for liquid, corrosive and oxidizing waste and for that purpose Which is to prevent surface water from seeping into the waste landfilled, do not apply in Romania to the following 5 settling ponds up to the date indicated for each of these basins:
Until 31 December 2009:
1. BAITA Stei, Fânate, Department of Bihor.
Until 31 December 2010:
2. TRANSGOLD Baia Mare, Aurul-Recea, Maramures Department.
3. MINBUCOVINA Vatra Dornei, Ostra-Valea Straja, Suceava department.
Until 31 December 2011:
4. CUPRUMIN Abrud, Valea Sesei, Alba Department.
5. CUPRUMIN Abrud, Valea Stefancei, Alba Department.
Romania ensures a progressive reduction in the volume of liquid waste landfilled in these 5 existing non-conforming settling ponds in accordance with the annual maximum quantities
-for 31 December 2006: 6 370 000 tonnes;
-for 31 December 2007: 5 920 000 tonnes (including 2 100 000 tonnes of hazardous waste and 3 820 000 tonnes of non-hazardous waste);
-for 31 December 2008: 4 720,000 tonnes Tonnes (of which 2 100 000 tonnes of hazardous waste and 2 620 000 tonnes of non-hazardous waste);
-by 31 December 2009: 4 720 000 tonnes (including 2 100 000 tonnes of hazardous waste and 2 620 000 tonnes of non-hazardous waste);
-for On 31 December 2010: 4 640 000 tonnes (of which 2 100 000 tonnes of hazardous waste and 2 540 000 tonnes of non-hazardous waste);
-by 31 December 2011: 2 470 000 tonnes (only non-hazardous waste).
d) By way of derogation from The second indent of Article 2 (g) of Directive 1999 /31/EC and without prejudice to Directive 75 /442/EEC and Directive 91 /689/EEC, a permanent site which is used for the temporary storage of hazardous waste produced in Romania is not Not considered to be a discharge in Romania until 31 December 2009.
On 30 June of each year, from 30 June 2007, Romania shall provide the Commission with a report on the progressive implementation of the Directive and respect for these Intermediate goals.
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:
-32003 L 0108: Directive 2003 /108/EC of the European Parliament and of the Council of 8.12.2003 (OJ L 345, 31.12.2003, p. 106).
By way of derogation from Article 5 (5) and Article 7 (2) of Directive 2002 /96/EC, Romania shall, on 31 December 2008, achieve the selective harvest rate of at least four kilograms on average per person per year WEEE from private households, as well as the recovery rate and rate of reuse and recycling of components, materials and substances.


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:
-31991 L 0692: Council Directive 91 /692/EEC of 23.12.1991 (OJ L 377, 31.12.1991, p. 48);
31984 L 0156: Council Directive 84 /156/EEC of 8 March 1984 concerning limit values and quality objectives for mercury discharges from sectors other than electrolysis of alkali chlorides (OJ L 74, 17.3.1984, p. 49), as amended by:
-31991 L 0692: Council Directive 91 /692/EEC of 23.12.1991 (OJ L 377, 31.12.1991, p. 48).
By way of derogation from Article 3, Annex I to Directive 83 /513/EEC, Article 3 and Annex I to Directive 84 /156/EEC, the limit values for the discharge of cadmium and mercury in the waters referred to in Article 1 of the Directive Council Decision 76 /464/EEC of 4 March 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (1) do not apply in Romania until 31 December 2009 at industrial installations Following:
ARIESMIN SA Baia de Aries-Valea Sartas-Baia de Aries-Department of Alba.
ARIESMIN SA Baia de Arieba-ape de mina-Baia de Aries-Department of Alba.
EM TURT-Turt-Satu Mare Department.
SM BAIA BORSA-evacuare ape de mina Gura Baii-Borsa-Département de Maramures.
SM BAIA BORSA-evacuare ape de mina Burloaia-Borsa-Département de Maramures.
SM BAIA BORSA-evacuare Colbu-Toroioaga-Borsa-Département de Maramures.
EM BAIA SPRIE-Baia Sprie-Maramures Department.
EM CAVNIC-Cavnic-Maramures Department.
EM BAIUT-Baiut-Department of Maramures.
SC Romplumb SA BAIA MARE-transport channel-Baia Mare-Department of Maramures.
SUCURSALA MINIERA BAIA MARE-floatie centrala-Baia Mare-Department of Maramures.
SM BAIA BORSA-evacuare ape float-Borsa-Department of Maramures.
Romarm Tohan Zarnesti-Zarnesti-Department of Brasov.
SC Viromet SA Victoria -Victoria-Department of Brasov.
SC Electrocarbon SA Slatina-R 1-Slatina-Department of Olt.
SC Electrocarbon SA Slatina-R 2-Slatina-Department of Olt.
SC Electrocarbon SA Slatina-R 3-Slatina-Department of Olt.
SC Electrocarbon SA Slatina-R 4-Slatina-Department of Olt.
SC Electrocarbon SA Slatina-R 5-Slatina-Department of Olt.
SC Electrocarbon SA Slatina-R 6-Slatina-Department of Olt.
SC Electrocarbon SA Slatina-R 7-Slatina - Department of Olt.
SC GECSAT Târnaveni-Tarnaveni-Department of Mures.
SGDP BAIA BORSA-Borsa-Maramures Department.
SPGC SEINI-Seini-Département de Maramures.
SC VITAL BAIA MARE-evacuare statie-Baia Mare-Department Maramures.
SC IMI SA BAIA MARE-evacuare statie mina Ilba-Baia Mare-Département de Maramures.
SC WEST CONSTRUCT MINA SOCEA-Valea Socea-Department of Maramures.

(1) 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).


2. 31984 L-0491: Council Directive 84 /491/EEC of 9 October 1984 concerning limit values and quality objectives for hexachlorocyclohexane discharges (OJ L 274, 17.10.1984, p. 11), as amended by:
-31991 L 0692: Council Directive 91 /692/EEC of 23.12.1991 (OJ L 377, 31.12.1991, p. 48).
By way of derogation from Article 3 and Annex I to Directive 84 /491/EEC, the limit values for the 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 (1) do not apply in Romania until 31 December 2009 at the following industrial facilities:
SC Sinteza SA Oradea-Oradea-Department of Bihor.
SC OLTCHIM SA Râmnicu Vâlcea-Râmnicu-Vâlcea-Department of Vâlcea.
SC CHIMCOMPLEX SA Borzesti-Borzesti-Département de Bacau.

(1) 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).


3. 31986 L 0280: Council Directive 86 /280/EEC of 12 June 1986 concerning limit values and quality objectives for discharges of certain dangerous substances covered by list I of the Annex to Directive 76 /464/EEC (OJ 1986 L 181, 4.7.1986, p. 16), as last amended by:
-31991 L 0692: Council Directive 91 /692/EEC of 23.12.1991 (OJ L 377, 31.12.1991, p. 48).
By way of derogation from Article 3 and Annex II to Directive 86 /280/EEC, the limit values for releases of hexachlorobenzene, hexachlorobutadiene, dichloroethane-1-2, trichloroethylene and trichlorobenzene (TCB) in 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 (1) shall not apply in Romania until 31 December 2009 at
SC NUTRISAM SATU MARE-Ferma MOFTIN-Satu Mare-Department of Satu Mare.
SC MARLIN SA ULMENI-Ulmeni-Maramures Department.
SC PROMET-Satu Mare-Department of Maramures.
ARDUDANA ARDUD-Ardud-Département de Maramures.
SM BAIA BORSA-evacuare ape de mina Gura Baii-Borsa-Département de Maramures.
SM BAIA BORSA-evacuare Colbu-Toroioaga-Borsa-Département de Maramures.
ERS CUG CLUJ-evacuare 3-Cluj-Napoca - Department of Cluj.
SC ARMATURA CLUJ-6 direct ari-Cluj-Napoca-Department of Cluj.
SUCURSALA MINIERA BAIA MARE-floatie centrala-Baia Mare-Department of Maramures.
SC OLTCHIM SA-Râmnicu Vâlcea-Department of Vâlcea.
SC CHIMCOMPLEX SA Borzesti-M 1-Borzesti-Bacau Department.
SC Electrocarbon SA Slatina-R 2-Slatina-Department of Olt.
SC TERAPIA CLUJ-evacuare statie 3 + statie 2-Cluj-Napoca-Department of Cluj.
SC PHOENIX ROMÂNIA CAREI-Carei-Satu Mare Department.
SC SILVANIA ZALAU-Zalau-Department of Salaj.
SNP PETROM SA-ARPECHIM Pitesti-Pitesti-Department of Arges.
SC TEHNOFRIG CLUJ-evacuare 1-Cluj-Napoca-Department of Cluj.
RBG ELCOND ZALAU-Zalau-Department of Salaj.
SC MUCART CLUJ-Cluj-Napoca-Department of Cluj.
SC CELHART DONARIS SA Braila-Braila-Department of Braila.
STRATUS MOB SA Blaj-Blaj-Department of Alba.

(1) 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).


4. 31991 L 0271: Council Directive 91 /271/EEC of 21 May 1991 on the treatment of urban waste water (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 and 4 and Article 5 (2) of Directive 91 /271/EEC, the requirements laid down for the collection systems and the treatment of urban waste water do not fully apply in Romania until the 31 December 2018, the following intermediate objectives to be met, however:
-for 31 December 2013, compliance with Article 3 of the Directive has been completed in agglomerations of more than 10 000 inhabitants ;
-by 31 December 2015, compliance with Article 5 (2) of the Directive has been completed in agglomerations of more than 10 000 inhabitants.
Romania shall ensure a gradual increase in the supply of Article 3 collection systems, in accordance with the following minimum global population equivalent rates:
-61 % for 31 December 2010;
-69 % for 31 December 2013;
-80 % for 31 December 2015.
Romania Ensures a gradual increase in the treatment of waste water under Article 4 and Article 5 (2), in accordance with the following minimum overall population equivalent rates:
-51 % for 31 December 2010;
-61 % for December 31, 2013;
-77 % for December 31, 2015.
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:
-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 Article 5 (2), Article 8 and Annex I, Parts B and C of Directive 98 /83/EC, the values laid down for the following parameters shall not apply completely to Romania in the following manner: :
-until 31 December 2010 for oxidability in agglomerations of less than 10 000 inhabitants;
-until 31 December 2010 for oxidability and turbidity in agglomerations between 10 000 and 100 000 inhabitants;
- Until 31 December 2010 for oxidability, ammonium, aluminium, pesticides, iron and manganese in agglomerations of more than 100 000 inhabitants;
-until 31 December 2015 for oxidability, nitrates, turbidity, Aluminum, iron, lead, cadmium and pesticides in agglomerations of less than 10 000 inhabitants;
-until 31 December 2015 for ammonium, nitrates, aluminium, iron, lead, cadmium, pesticides and manganese In agglomerations between 10 000 and 100 000 inhabitants.
Romania ensures compliance with the requirements of the Directive, in accordance with the intermediate objectives set out in the following table:


Localities in Compliance for December 31, 2006


You can view the table in OJ
No 22 of 26/01/2007 text number 6


Location in compliance by end of 2010


You Can refer to the table in OJ
No 22 of 26/01/2007 text number 6



This exemption does not apply to drinking water intended for food processing.


D. -Pollution Industrial and risk management


1. 31996 L 0061: Council Directive 96 /61/EC of 24 September 1996 on integrated pollution prevention and control (OJ L 257, 10.10.1996, p. 26), 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 Article 5 (1) of Directive 96 /61/EC, the requirements for the granting of an authorisation for existing installations shall not apply in Romania to the following installations up to the date of Specified for each facility with respect to the requirement to operate these facilities in accordance with emission limit values or equivalent technical parameters or measures, which are based on best practices Available, in accordance with Article 9, paragraphs 3 and 4:
Until 31 December 2008:
1. SC CARBID FOX SA Târnaveni (main activity 4.2).
2. SC AVICOLA SA Ferma Garleni-Bacau (main activity 6.6 a).
3. STC EXPERT 2001 IMPEX SRL Bistrita Nasaud (main activity 6.6).
Until December 31, 2009:
4. SC UCM Resita-Caras-Severin (main activity 2.2).
5. SC SICERAM SA Mures (main activity 3.5).
6. SC BEGA UPSOM SA Alba (main activity 4.2).
7. SC CELROM SA Mehedinti (main activity 6.1).
8. SC COMCEH SA Calarasi-Calarasi (main activity 6.1 b).
9. SC ECOPAPER SA Zarnesti-Brasov (main activity 6.1 b).
10. SC RIFIL SA Neamt (main activity 6.2).
11. SC AVICOLA SA Ferma Razboieni-Iasi (main activity 6.6 a).
12. SC AVIMAR SA Maramures (main activity 6.6 a).
13. SC AVICOLA SA Iasi-Ferma Letcani-Iasi (main activity 6.6 a).
14. COMBINATUL AGROINDUSTRIAL Curtici-Arad (main activity 6.6 b).
15. SC AVICOLA SA Slobozia Ferma Bora-Ialomita (main activity 6.6 a).
16. SC SUINTEST Oarja SA-Arges (main activity 6.6 b, c).
17. SC AVICOLA SA Slobozia-Ferma Andrasesti-Ialomita (main activity 6.6 a).
18. SC AVICOLA SA Slobozia-Ferma Perieti-Ialomita (main activity 6.6 a).
19. SC AVICOLA SA Slobozia-Ferma Gheorghe Doja-Ialomita (main activity 6.6 a).
Until 31 December 2010:
20. SC ROMPLUMB SA Maramures (main activity 2.5).
21. SC ROMRADIATOARE SA Brasov (main activity 2.5 b).
22. SC ELECTROMONTAJ SA Bucuresti (main activity 2.6).
23. HOLCIM (Romania) - Campulung Arges Cement (main activity 3.1).
24. SC ETERMED SA Medgidia-Constanta (main activity 3.2).
25. SC CONGIPS SA (Azbest) Bihor (main activity 3.2).
26. SC HELIOS SA Astileu-Bihor (main activity 3.5).
27. SC SOFERT SA Bacau (main activity 4.3, 4.2 b).
28. SC CHIMOPAR SA Bucuresti (main activity 4.1).
29. SC ANTIBIOCTBT SA Iasi (main activity 4.5).
30. SC ROMPETROL PETROCHEMICALS SRL Constanta (main activity 4.1).
31. SC LETEA SA Bacau (main activity 6.1 a).
32. SC ZAHAR Corabia SA-Olt (main activity 6.4 b).
33. SC TARGO SRL Timis (main activity 6.4).
34. SC SUINPROD Roman-Neamt (main activity 6.6 b).
35. SC LUCA SUINPROD SA Codlea-Brasov (main activity 6.6 b).
36. S.C. AVICOLA Costesti Arges-Arges (main activity 6.6 b).
37. SC AVICOLA SA Platou Avicol Brad-Bacau (main activity 6.6 a).
38. SC AT GRUP PROD IMPEX SRL Olt (main activity 6.6 a).
39. SC AVICOLA SA Ferma Gheraiesti-Bacau (main activity 6.6 a).
40. SC CARNIPROD SRL Tulcea-Tulcea (main activity 6.6 b).
41. SC PIGCOM SA Satu Nou-Tulcea (main activity 6.6 b).
42. SC AGROPROD IANCU SRL Urziceni-Ialomita (main activity 6.6 b).
43. SC CRUCIANI IMPEX SRL Dedulesti-Braila (main activity 6.6).
44. SC AGROFLIP Bontida-Cluj (main activity 6.6 b, c).
45. SC AVICOLA SA Slobozia Ferma Amara-Ialomita (main activity 6.6 a).
46. HC ISOVOLTA GROUP SA Bucuresti (main activity 6.7).
47. SC SAMOBIL SA Satu Mare (main activity 6.7).
48. SC ELECTROCARBON SA Slatina-Olt (main activity 6.8).
49. SC TRANSGOLD SA Baia Mare-Maramures (main activity 2.5).
Until December 31, 2011:
50. SC BODY OF ASAMBLARE SA Brasov (main activity 2.6).
51. HEIDELBERG CEMENT-Fieni Cement Dambovita (main activity 3.1).
52. CARMEUSE Romania SA Arges (main activity 3.1).
53. SC RESIAL SA Alba (main activity 3.5).
54. SOCIETATEA NATIONALA PETROLULUI PETROM SA Sucursala Craiova, Combinatul Doljchim-Dolj (main activity 4.2, 4.1).
55. SC USG SA Valcea (main activity 4.2 d).
56. SC ULTEX SA Tandarei-Ialomita (main activity 6.4 b).
57. SC CARMOLIMP SRL Vistea de Sus-Sibiu (main activity 6.6 b).
58. SC AVICOLA Buftea-Ilfov (main activity 6.6 a).
59. SC AVICOLA SA Ferma Hemeius-Bacau (main activity 6.6 a).
60. SC SUINPROD SA Zimnicea-Ferma Zimnicea-Teleorman (main activity 6.6 b).
61. SC SUINPROD SA Bilciuresti-Dambovita (main activity 6.6).
62. SC COMPLEXUL OF PORCI Braila SA Baldovinesti-Braila (main activity 6.6 b).
63. SC COMPLEXUL OF PORCI Braila SA Tichilesti-Braila (main activity 6.6 b).
64. SC AT GRUP PROD IMPEX SRL-Teleorman (main activity 6.6 a).
65. SC KING HAUSE ROM Cornetu SRL Filiala Mavrodin-Teleorman (main activity 6.6 a).
66. SC AVIKAF PROD IMPEX SRL Teleorman (main activity 6.6 a).
67. SC SUINPROD SA Zimnicea-Ferma Dracea-Teleorman (main activity 6.6 b).
68. STC ROMCIP Salcia-Teleorman (main activity 6.6 b).
69. SC AVIPUTNA SA Golesti-Vrancea (main activity 6.6 a).
70. SC NUTRICOM SA Oltenita-Calarasi (main activity 6.6 b).
71. SC PIGALEX SA Alexandria-Teleorman (main activity 6.6 b).
72. SC PIC ROMANIA SRL Vasilati-Calarasi (main activity 6.6 c).
73. SC SUINTEST SA Fierbinti-Ialomita (main activity 6.6 b).
74. SC AGRIVAS SRL Vaslui (main activity 6.6 a).
75. SC AVICOLA Buftea SA Punct de lucrative u Turnu Magurele-Teleorman (main activity 6.6 a).
76. SC C + C SA Resita (main activity 6.6 b).
until December 31, 2012:
77. SNP PETROM SA Sucursala ARPECHIM Pitesti-Arges (activities 1.2, 4.1).
78. SC ROMPETROL Rafinare SA Constanta (activity 1.2).
79. COMBINATUL OF SPECIAL OTELURI Targoviste-Dambovita (main activity 2.2, 2.3).
80. SC COMBINATUL DE UTILAJ GREU SA Cluj (main activity 2.2, 2.3 b).
81. SC IAIFO Zalau-Salaj (main activity 2.3 b, 2.4).
82. SC ALTUR SA Olt (main activity 2.5).
83. CNCAF MINVEST SA DEVA Filiala DEVAMIN SA Deva, Exploatarea miniera Deva-Hunedoara (main activity 2.5).
84. SC MONDIAL SA Lugoj-Timis (main activity 3.5).
85. SC MACOFIL SA Targu Jiu-Gorj (main activity 3.5).
86. SC CERAMICA SA Iasi (main activity 3.5).
87. SC FIBREXNYLON SA Neamt (main activity 4.1 b, d; 4.2 b; 4.3).
88. SC CHIMCOMPLEX SA Borzesti-Bacau (main activity 4.1 a, b, c, d, f; 4.2 b, c, d; 4.4).
89. SC PEHART SA Petresti-Alba (main activity 6.1 b).
90. SC TABACO-CAMPOFRIO SA Tulcea (main activity 6.4 a).
91. SC AVICOLA SA Slobozia Ferma Ion Ghica-Ialomita (main activity 6.6 a).
92. SC AVICOLA SA Platou Avicol Aviasan-Bacau (main activity 6.6 a).
93. SC ITAL TRUST Racovita SA-Sibiu (main activity 6.6 b).
94. SC COMTIM GROUP SRL Ferma Parta-Timis (main activity 6.6 b).
95. SC COMTIM GROUP SRL Ferma Padureni-Timis (main activity 6.6 b).
96. SC COMTIM GROUP SRL Ferma Peciu Nou-Timis (main activity 6.6 b).
97. SC COMTIM GROUP SRL Ferma Periam-Timis (main activity 6.6 b).
98. SC COMTIM GROUP SRL Ferma Ciacova-Timis (main activity 6.6 b).
99. SC AVICOLA LUMINA SA-Constanta (main activity 6.6 a).
Until 31 December 2013:
100. SC UNIO SA Satu Mare (main activity 2.3 b).
101. SC ARTROM SA Slatina-Olt (main activity 2.3 b, 2.6).
102. SC IAR SA Brasov (main activity 2.6).
103. SC ARIO SA Bistrita Nasaud (main activity 2.4).
104. SC LAFARGE ROMCIM SA Medgidia-Constanta (main activity 3.1).
105. SC CARS SA Tarnaveni-Mures (main activity 3.5).
106. SC CASIROM SA Cluj (main activity 3.5).
107. SC TURNU SA Turnu Magurele-Teleorman (main activity 4.3, 4.2 b).
108. SC COMBINATUL OF INGRASAMINTE CHIMICE SA Navodari-Constanta (main activity 4.3).
109. SC AMBRO Suceava SA-Suceava (main activity 6.1 a, b).
110. SC ROMSUIN TEST Peris SA-Ilfov (main activity 6.6 a).
111. SC NUTRICOD Codlea Sucursala Sf. Gheorghe-Covasna (main activity 6.6 b).
112. SC HADITON GRUP SRL Arges (main activity 6.6 a).
Until December 31, 2014:
113. SC PETROM SA Rafinaria PETROBRAZI-Prahova (activity 1.2).
114. SC RAFINARIA ASTRA ROMANA SA Ploiesti-Prahova (activity 1.2).
115. SC ROMPETROL Rafinaria VEGA-Prahova (activity 1.2).
116. SC PETROTEL LUKOIL SA-Prahova (activity 1.2).
117. SC ISPAT SIDEX SA Galati (main activity 2.2, 2.3).
118. SC SIDERURGICA SA Hunedoara (main activity 2.2, 2.3).
119. SC KVAERNER IMGB SA Bucuresti (main activity 2.4).
120. SC SOMETRA SA Copsa Mica-Sibiu (main activity 2.5 a, 2.5 b, 2.1, 2.4).
121. SC FERAL SRL Tulcea (main activity 2.5 a).
122. SC METALURGICA SA Aiud-Alba (main activity 2.4, 2.3 b).
123. SC NEFERAL SA Ilfov (main activity 2.5 b).
124. SC INDUSTRIA SARMEI SA Campia Turzii-Cluj (main activity 2.2, 2.3, 2.6).
125. SC METALURGICA SA Vlahita-Harghita (main activity 2.5 b).
126. SC UPETROM 1 Mai SA Prahova (main activity 2.2).
127. SC LAMINORUL SA Braila (main activity 2.3).
128. SC AVERSA SA Bucuresti (main activity 2.4).
129. SC FORMA SA Botosani (main activity 2.3).
130. SC ISPAT TEPRO SA Iasi (main activity 2.3 c).
131. SC URBIS Armati Sanitare SA-Bucuresti (main activity 2.6).
132. SC BALANTA SA Sibiu (main activity 2.6).
133. SC COMMET SA Galati (main activity 2.6).
134. CNACF MINVEST SA Deva Filiala DEVAMIN Exploatarea miniera Vetel Hunedoara (main activity 2.5).
135. SC MOLDOMIN SA Moldova Noua-Caras Severin (main activity 2.5).
136. SC FIROS SA Bucuresti (main activity 3.3).
137. SC SINTER-REF SA Azuga-Prahova (main activity 3.5).
138. SC PRESCOM Brasov SA-Brasov (main activity 3.1).
139. SC MELANA IV SA Neamt (activity 4.1).
140. SC OLTCHIM SA Ramnicu Valcea-Valcea (main activity 4.1, 4.2, 4.3).
141. SC AMONIL SA Slobozia-Ialomita (main activity 4.3, 4.2).
142. CAROM SA Bacau (main activity 4.1 a, b, i).
143. AZOCHIM SA Savinesti-Neamt (main activity 4.2).
144. SC UZINA DE PRODUSE SPECIALE Fagaras SA Brasov (main activity 4.6).
145. SC SINTEZA SA Oradea-Bihor (main activity 4.1 g; 4.2 d, e; 4.4).
146. SC CHIMPROD SA Bihor (main activity 4.1 b, 4.5).
147. SC AZUR SA Timisoara-Timis (main activity 4.1).
148. SC PUROLITE SA Victoria-Brasov (main activity 4.1 d, h).
149. SC CELHART DONARIS SA Braila (main activity 6.1).
150. SC VRANCART SA Vrancea (main activity 6.1 b).
151. SC PIM SA Sibiu (main activity 6.3).
152. SC DANUBIANA Roman SA Neamt (main activity 6.4 b).
153. SC ZAHARUL Romanesc SA Tandarei-Ialomita (main activity 6.4 b).
154. SC VASCAR SA Vaslui (main activity 6.4 a).
155. SC MULTIVITA SA Negru Voda-Constanta (main activity 6.5).
156. SC SUINPROD SA Prahova (main activity 6.6 a).
157. SC AVICOLA SA Ferma Serbanesti-Bacau (main activity 6.6 a).
158. SC AVICOLA BUCURESTI SA Punct de lucrative CSHD Mihailesti (main activity 6.6 a).
159. SC SUINPROD SA Bumbesti Jiu-Gorj (main activity 6.6 a).
160. SC SIBAVIS SA Sibiu-Sibiu (main activity 6.6 a).
161. SC OLTCHIM SA Ramnicu. Valcea Ferma 1 Francesti-Valcea (main activity 6.6 a).
162. SC AVIA AGROBANAT SRL Bocsa-Resita (main activity 6.6 a).
163. SC AVICOLA Gaiesti SA-Dambovita (main activity 6.6 a).
164. SC VENTURELLI PROD SRL Sibiu (main activity 6.6 b).
165. SC OLTCHIM SA Ramnicu Valcea Ferma Budesti-Valcea (main activity 6.6 a).
166 SC OLTCHIM SA Ramnicu Valcea Ferma Babeni Mihaiesti-Valcea (main activity 6.6 a).
167. SC OLTCHIM SA Ramnicu Valcea Ferma 2 Francesti-Valcea (main activity 6.6 a).
168. SC OLTCHIM SA Ramnicu Valcea ferma Babeni-Valcea (main activity 6.6 a).
169. SC AVICOLA Bucuresti SA Sucursala Cluj-Saliste-Cluj (main activity 6.6 a).
170. SC AVICOLA Bucuresti SA Sucursala CSHD Codlea-Brasov (main activity 6.6 a).
171. SC Cereal Prod SA-Galati (main activity 6.6 a).
172. SC AVICOLA Mangalia SA Constanta (main activity 6.6 a).
173. SC AVICOLA SA Constanta-Constanta (main activity 6.6 a).
174. SC AVICOLA BUCURESTI SA Punct de lucrative u Butimanu-Dambovita (main activity 6.6 a).
175. SC EUROPIG SA Poiana Marului-Brasov (main activity 6.6 b).
176. SC SUINPROD SA Let-Covasna (main activity 6.6 b).
177. SC AVICOLA Sivita SA Galati (main activity 6.6 a).
178. SC COLLINI SRL Bocsa-Resita (main activity 6.6 b).
179. SC AGROSAS SRL Timisoara-Timis (main activity 6.6 b, c).
180. SC FLAVOIA SRL Platforma Hereclean-Salaj (main activity 6.6 a).
181. SC ELSID SA Titu-Dambovita (main activity 6.8).
until December 31, 2015:
182. SC RAFINARIA STEAUA ROMANA SA Campina-Prahova (activity 1.2).
183. SC TRACTORUL UTB SA Brasov (main activity 2.3 b, 2.4, 2.6, 6.7).
184. SC ISPAT Petrotub SA Neamt (main activity 2.3, 6.7).
185. SC ARO SA Arges (main activity 2.3 b, 2.6).
186. SC STIMET SA Sighisoara-Mures (main activity 3.3).
187. SC BEGA REAL SA Plesa-Prahova (main activity 3.5).
188. SC AZOMURES SA Targu. Mures-Mures (main activity 4.2, 4.3).
189. SC COLOROM SA Codlea-Brasov (main activity 4.1 j).
190. SC SOMES SA Dej-Cluj (main activity 6.1 a, b).
191. SC OMNIMPEX Hartia SA Busteni-Prahova (main activity 6.1 b).
192. SC PERGODUR International SA Neamt (main activity 6.1 b).
193. SC PROTAN SA-Popesti Leordeni-Ilfov (main activity 6.5).
194. SC PROTAN SA Bucuresti Sucursala Codlea-Brasov (main activity 6.5).
195. SC PROTAN SA-Cluj (main activity 6.5).
Authorizations are issued for these facilities before October 30, 2007, following a fully coordinated procedure, and each includes a binding timetable for achieving the In total compliance. These authorisations shall ensure, by 30 October 2007, compliance with the general principles of the operator's fundamental obligations as defined in Article 3 of the Directive.
2. 32000 L 0076: Directive 2000 /76/EC of the European Parliament and of the Council of 4 December 2000 on waste incineration (OJ L 332, 28.12.2000, p. 91).
By way of derogation from Article 6, Article 7 (1) and Article 11 of Directive 2000 /76/EC, the emission limit values and the requirements laid down for the measures shall not apply until 31 December 2007 at 52 Medical waste incinerators and until 31 December 2008 at 58 medical waste incinerators in Romania.
Romania shall report to the Commission no later than the end of the first quarter of each year as of 30 March 2007 on the Closure of non-compliant hazardous waste facilities and the amount of medical waste processed 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 atmosphere from large combustion plants (OJ L 309, 27.11.2001, p. 1), as amended by:
-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).
(a) By way of derogation from Article 4 (3) and Annexes III and IV, Part A of Directive 2001 /80/EC, the emission limit values for sulphur dioxide shall not apply in Romania up to the date indicated for each Installations:
Until December 31, 2008:
SC ELECTROCENTRALE DEVA SA No. 1, 4 power boilers x 264 MWth.
Until December 31, 2009:
SC TERMOELECTRICA SE DOICESTI n ° 1, 1 steam boiler x 470 MWth.
Until 31 December 2010:
SC COMPLEXUL ENERGETIC CRAIOVA SE CRAIOVA II-1, 2 boilers x 396.5 MWth.
SC COMPLEXUL ENERGETIC TURCENI SA n ° 2, 2 energy boilers x 789 MWth.
SC COMPLEXUL ENERGETIC TURCENI SA No. 3, 2 power boilers x 789 MWth.
SC TERMOELECTRICA SE PAROSENI n ° 2, 1 steam boiler Benson x 467 MWth + 1 hot water boiler x 120 MWth.
RAAN, BRANCH ROMAG TERMO n ° 2, 3 boilers x 330 MWth.
SC COLTERM SA No. 7, 1 hot water boiler x 116 MWth.
Until 31 December 2011:
CET ARAD n ° 2, 2 industrial steam boilers x 80 MWth.
SC COMPLEXUL ENERGETIC CRAIOVA SE CRAIOVA II-n ° 2, 2 CAF x 116 MWth + 2 x CR 68 MWth.
SC COMPLEXUL ENERGETIC ROVINARI SA n ° 2, 2 steam boilers x 879 MWth.
TERMOELECTRICA GIURGIU No. 1, 3 steam energy boilers x 285 MWth.
SC ELECTROCENTRALE DEVA SA No. 2, 4 power boilers x 264 MWth.
SC PETROTEL-LUKOIL SA n ° 1, 2 DAV3 + HPM 1 x 45 MWth + 14.7 MWth + 11.4 MWth.
SC PETROTEL-LUKOIL SA n ° 2, 3 steam technology boilers x 105.5 MWth.
SC CET GOVORA n ° 3, 1 boiler x 285 MWth.
Until 31 December 2012:
CET BACAU n ° 1, 1 steam boiler x 343 MWth.
SC ELCEN BUCURESTI VEST No. 1, 2 steam boilers x 458 MWth.
SC COMPLEXUL ENERGETIC CRAIOVA SE ISALNITA, 4 boilers x 473 MWth.
Until 31 December 2013:
CET ARAD No. 1, 1 boiler
SC ELECTROCENTRAL ORADEA SA n ° 2, 2 steam boilers x 300 MWth + 269 MWth.
SC TERMOELECTRICA SA, SUCURSALA ELECTROCENTRALE BRAILA, 6 steam boilers x 264 MWth.
SC CET BRASOV SA n ° 1, 2 boilers x 337 MWth.
SC ELCEN BUCURESTI SUD n ° 1, 4 steam boilers x 287 MWth.
SC ELCEN BUCURESTI SUD n ° 2, 2 steam boilers x 458 MWth.
SC ELCEN BUCURESTI PROGRESU n ° 1, 4 steam boilers x 287 MWth.
SC COMPLEXUL ENERGETIC ROVINARI SA n ° 1, 2 steam boilers x 878 MWth.
SC ELECTROCENTRAL DEVA SA No. 3, 4 power boilers x 264 MWth.
SC CET IASI II, 2 steam boilers x 305 MWth.
SC UZINA ELECTRICA ZALAU No. 1, 4 steam boilers Industrial x 85.4 MWth.
SC TERMICA S. A SUCEAVA n ° 1, 2 boilers x 296 MWth.
SC COLTERM SA n ° 5, 1 hot water boiler x 116.3 MWth.
SC COLTERM SA n ° 6, 3 steam boilers x 81.4 MWth.
SC CET GOVORA n ° 2, 2 boilers x 285 MWth.
During this transitional period, emissions of sulphur dioxide from all combustion plants covered by Directive 2001 /80/EC do not exceed the following intermediate ceilings:
-in 2007: 540 000 tonnes of SO2/an;
-in 2008: 530 000 tonnes of SO2/an;
-in 2010: 336 000 tonnes SO2/year;
-in 2013: 148 000 tonnes of SO2/an.
b) By way of derogation from Article 4 (3) and Annex VI, Part A of Directive 2001 /80/EC, the Emission limit values for nitrogen oxides are not applicable in Romania up to the date indicated for each of the following installations:
Until 31 December 2008:
PITESTI ARPECHIM n ° 2, 1 boiler BW x 81 MWth.
ARPECHIM PITESTI n ° 3, 4 boilers x 81 MWth.
PRODITERM BISTRITA, 2 boilers with hot water x 116 MWth + 2 steam boilers x 69 MWth.
SC CET BRASOV SA 1, 2 boilers x 337 MWth.
REGIA AUTONOMA DE TERMOFICARE CLUJ, 2 boilers Hot x 116 MWth.
TERMOELECTRICA GIURGIU No. 1, 3 steam energy boilers x 285 MWth.
TERMOELECTRICA GIURGIU No. 2, 2 industrial steam boilers x 72 MWth.
SC ELECTROCENTRAL DEVA SA No. 1, 4 boilers Of energy x 264 MWth.
SC COLTERM SA n ° 2, 1 hot water boiler x 58.1 MWth.
Until 31 December 2009:
CET ARAD n ° 1, 1 steam boiler CR x 403 MWth.
CET ENERGOTERM SA RESITA n ° 2, 1 hot water boiler x 58 MWth.
SC TERMICA TARGOVISTE, 1 hot water boiler x 58.15 MWth.
SC COMPLEXUL ENERGETIC CRAIOVA SE CRAIOVA II-1, 2 boilers x 396.5 MWth.
SC CET IASI I n ° 2, 2 steam boilers x 283 MWth.
SC UZINA ELECTRICA ZALAU n ° 3, 1 boiler at Steam x 72.3 MWth.
Until 31 December 2010:
SC ELECTROCENTRALE ORADEA SA n ° 1, 2 steam boilers x 127 MWth + 269 MWth.
SC CET SA n ° 2 Braila, 2 boilers x 110 MWth.
CET ENERGOTERM SA RESITA n ° 1, 2 boilers x 45,94 MWth.
SC UZINA TERMOELECTRICA MIDIA n ° 2, 1 boiler x 73 MWth.
SC UZINA TERMOELECTRICA MIDIA n ° 3, 1 boiler x 73 MWth.
SC UZINA TERMOELECTRICA MIDIA n ° 4, 1 boiler x 73 MWth.
SC TERMOELECTRICA SE DOICESTI 1, 1 Vapour boiler Benson x 470 MWth.
SC ELECTROCENTRAL GALATI n ° 3, 3 power boilers x 293 MWth.
SC TERMOELECTRICA SE PAROSENI n ° 2, 1 steam boiler x 467 MWth + 1 hot water boiler x 120 MWth.
SC CET ISASI I n ° 1, 3 steam boilers x 94 MWth.
SC TERMICA S. A SUCEAVA n ° 1, 2 boilers x 296 MWth.
SC TURNU SA TURNU MAGURELE n ° 1, 1 boiler with hot water x 58 MWth.
SC TURNU SA TURNU MAGURELE n ° 2, 1 hot water boiler x 58 MWth.
SC ENET SA No. 1, 3 boilers x 18.5 MWth.
SC ENET SA n ° 2, 1 hot water boiler x 58 MWth.
Until 31 December 2011:
CET ARAD n ° 2, 2 industrial steam boilers + 1 boiler x 80 MWth.
SC TERMON SA ONESTI, 3 Boilers x 380 MWth.
SC CET SA n ° 1 BRAILA, 2 boilers x 110 MWth.
SC TERMICA SA n ° 1 BOTOSANI, 3 hot water boilers x 116 MWth.
SC ELCEN BUCURESTI SUD n ° 12, 2 boilers with hot water x 116 MWth.
SC ELCEN BUCURESTI SUD n ° 16, 1 hot water boiler x 116 MWth.
CET ENERGOTERM SA RESITA n ° 4, 1 hot water boiler x 58 MWth.
SC ELCEN BUCURESTI SE PALAS n ° 1, 1 boiler with hot water x 116 MWth.
SC COMPLEXUL ENERGETIC CRAIOVA SE ISALNITA, 4 boilers x 473 MWth.
SC ELECTROCENTRAL DEVA SA n ° 2, 4 power boilers x 264 MWth.
SCCET IASI I n ° 3, 4 hot water boilers x 116 MWth.
RAAN, BRANCH ROMAG TERMO n ° 1, 3 boilers x 330 MWth.
RAAN, BRANCH ROMAG TERMO n ° 2, 3 boilers x 330 MWth.
SC ROMPETROL SA BUCURESTI VEGA PLOIESTI, 3 steam technology boilers x 24.75 MWth.
SC PETROTEL-LUKOIL SA n ° 1, 2 DAV3 + HPM 1 x 45 MWth + 14.7 MWth + 11.4 MWth.
SC PETROTEL-LUKOIL SA n ° 2, 3 boilers Steam technology x 105.5 MWth.
SC UZINA ELECTRICA ZALAU No. 1, 4 industrial steam boilers x 85.4 MWth.
SC COLTERM SA No. 4, 1 hot water boiler x 116.1 MWth.
SC C.E.T. GOVORA n ° 3, 1 boiler x 285 MWth.
Until 31 December 2012:
CET ENERGOTERM SA RESITA n ° 3, 1 boiler with hot water x 116 MWth.
SC ELCEN BUCURESTI SE PALAS No. 2, 1 boiler with hot water x 116 MWth.
SC ELCEN BUCURESTI SE MURES No. 5, 4 steam boilers x 277 MWth.
SC COLTERM SA No. 6, 3 steam boilers x 81.4 MWth.
Until December 31, 2013:
SC TERMOELECTRICA SA, SUCURSALA ELECTROCENTRALE BRAILA, 6 steam boilers x 264 MWth.
SC ELCEN BUCURESTI SOUTH No. 14, 1 hot water boiler x 116 MWth.
SC ELCEN BUCURESTI SE PALAS No. 3, 1 hot water boiler x 116 MWth.
SC ELECTROCENTRAL GALATI n ° 2, 2 power boilers x 293 MWth.
SC ELECTROCENTRALE DEVA SA No. 3, 4 Power boilers x 264 MWth.
SC BUCURESTI SE MURES n ° 1, 1 steam boiler x 277 MWth.
SC ELCEN BUCURESTI SE MURES n ° 4, 1 steam boiler x 277 MWth.
SC COLTERM SA n ° 5, 1 hot water boiler x 116.3 MWth.
SC COLTERM SA No. 7, 2 hot water boilers x 116.3 MWth.
SC C.E.T. GOVORA n ° 2, 2 boilers x 285 MWth.
SC ENET SA VRANCEA n ° 3, 1 hot water boiler x 116.3 MWth.
During this transitional period, emissions of nitrogen oxides from all combustion plants covered by Directive 2001 /80/EC Do not exceed the following intermediate ceilings:
-in 2007: 128 000 tonnes/year;
-in 2008: 125 000 tonnes/year;
-in 2010: 114 000 tonnes/year;
-in 2013: 112 000 tonnes/year.
c) By way of derogation from Article 4 (3), And in Annex VII, Part A of Directive 2001 /80/EC, emission limit values for dust shall not apply in Romania until the date indicated for each of the following installations:
Until 31 December 2008:
SC ELETROCENTRALE DEVA SA n ° 1, 4 power boilers x 264 MWth.
SC CET IASI II, 2 steam boilers x 305 MWth.
Until 31 December 2009:
CET BACAU n ° 1, 1 steam boiler x 345 MWth.
SC TERMOELECTRICA GIURGIU No. 1, 3 steam boilers x 285 MWth.
SC COLTERM SA No. 6, 3 steam boilers x 81.4 MWth.
Until 31 December 2010:
CET ARAD n ° 1, 1 steam boiler x 403 MWth.
SC CET BRASOV SA n ° 1, 2 boilers x 337 MWth.
SC TERMOELECTRICA DOICESTI n ° 1, 1 steam boiler Benson x 470 MWth.
SC COMPLEX ENERGETIC TURCENI SA n ° 2, 2 power boilers x 789 MWth.
SC TERMICA SA SUCEAVA n ° 1, 2 boilers x 296 MWth.
SC CET GOVORA SA No. 3, 1 Boiler x 285 MWth.
Until 31 December 2011:
SC COMPLEX ENERGETIC CRAIOVA SE CRAIOVA II-n ° 2, 2 CAF x 116 MWth + 2 CR x 68 MWth.
SC COMPLEX ENERGETIC ROVINARI SA n ° 2, 2 steam boilers x 879 MWth.
SC ELECTROCENTRALE DEVA SA n ° 2, 4 power boilers x 264 MWth.
SC PETROTEL LUKOIL SA n ° 1, DAV3 + HPM, 1 x 45 MWth + 14.7 MWth + 11.4 MWth.
SC PETROTEL LUKOIL SA No. 2, 3 steam technology boilers x 105.5 MWth.
SC ALUM SA TULCEA n ° 1, 3 Boilers x 84.8 MWth + 1 x 72.6 MWth.
SC CET GOVORA SA n ° 2, 2 boilers x 285 MWth.
Until 31 December 2013:
SC COMPLEX ENERGETIC Rovinari SA n ° 1, 2 steam boilers x 878 MWth.
SC ELECTROCENTRALE DEVA SA No. 3, 4 Power boilers x 264 MWth.
SC UZINA ELECTRICA ZALAU No. 1, 4 steam boilers x 85.4 MWth.
SC ELECTROCENTRAL ORADEA SA No. 2, 2 Clustered steam boilers x 300 MWth + 1 x 269 MWth.
During this period Emissions of dust from all combustion plants covered by Directive 2001 /80/EC shall not exceed the following intermediate ceilings:
-for 2007: 38 600 tonnes/year;
-for 2008: 33 800 tonnes/year;
-for 2010: 23 200 tonnes/year;
-for 2013: 15 500 tonnes/year.
d) By way of derogation from Article 4 (3) and Annex VI, Part A of Directive 2001 /80/EC, emission limit values for applicable nitrogen oxides On 1 January 2016 for combustion plants with a rated thermal power greater than 500 MWth shall not apply in Romania until 31 December 2017 at the following installations:
ELECTROCENTRAL ORADEA No. 2, 2 boilers at X 300 MWth + 1 steam boiler x 269 MWth;
SC ELECTROCENTRALE DEVA SA n ° 2, 4 power boilers x 264 MWth;
SC COMPLEXUL ENERGETIC ROVINARI SA n ° 2, 2 steam boilers x 879 MWth;
SC FULL ENERGETIC TURCENI SA n ° 3, 2 power boilers x 789 MWth;
SC ELECTROCENTRALE DEVA SA n ° 1, 4 power boilers x 264 MWth;
SC TERMICA SA SUCEAVA n ° 1, 2 boilers x 296 MWth.
During this period Emissions of nitrogen oxides from all combustion plants covered by Directive 2001 /80/EC do not exceed the following intermediate ceilings:
-for 2016: 80 000 tonnes/year;
-for 2017: 74 000 Tonnes/year.
e) For 1 January 2011, Romania presents to the Commission an updated plan, including an investment plan, on the gradual alignment of facilities which would still not be in conformity, specifying Clearly the steps in the application of the acquis. These plans shall ensure an additional reduction of emissions at a level significantly below the intermediate objectives set out in points (a) to (d), in particular as regards emissions in 2012. If the Commission, having regard in particular to the effects on the environment and the need to reduce distortions of competition in the internal market resulting from the transitional measures, considers that these plans are not sufficient to achieve these Objectives, it informs Romania. Within three months, the Commission shall communicate the measures it has taken to achieve these objectives. If, subsequently, the Commission, in consultation with the Member States, considers that these measures are still not sufficient to achieve these objectives, it shall initiate an infringement procedure under Article III-360 of the Constitution.


A P P E N D I C E A À L' A N N E X E VII
Restructuring of the Romanian steel industry
(referred to in Annex VII, Chapter 4, Section B)
Part I


Enterprises benefiting from State aid in the Framework of the Romanian steel industry restructuring program
Ispat Sidex Galati.
Siderurgica Hunedoara.
COS Taskforce.
CS Resita.
IS Câmpia Turzii.
Donasid (Siderca) Calarasi.


Part II
Schedule and description of capacity changes (1)


You can view the table in OJ
No 22 of 26/01/2007 text number 6

(1) Capacity reductions are final in the sense of Commission Decision No 3010 /91/ECSC of 15 October 1991 (OJ L 286, 16.10.1991, p. 20).


Part III
Reference Criteria for Refactoring


1. Viability.
In view of the special accounting rules applied by the Commission, each beneficiary undertaking obtains a minimum gross annual operating result of 10 % of turnover for steel undertakings Non-integrated and 13.5 % for integrated mills, and a minimum return on equity of 1.5 % of turnover by 31 December 2008 at the latest. This is verified in the independent evaluation conducted annually between 2005 and 2009 in accordance with Chapter 4, Section B, paragraph 13, of Annex VII.
2. Productivity.
Overall productivity comparable to that achieved by the EU steel industry is achieved gradually by 31 December 2008. This is verified in the independent evaluation conducted annually between 2005 and 2009 in accordance with Chapter 4, Section B, paragraph 13, of Annex VII.
3. Cost Reductions.
Special emphasis is placed on cost reductions, which are an essential element of sustainability. These are fully implemented in accordance with the business plans of the recipient companies.


Part IV
Indicative list of
information requirements


1. Production and impact on the market:
-monthly production of crude steel and semi-finished and finished products by category and product range;
-products sold, including volumes, prices and markets; breakdown by range of Products.
2. Investments:
-details of investments made;
-completion date;
-investment costs, sources of financing, and amount of any matching help;
-date of potential help
3. Workforce reductions:
-number of jobs deleted and schedule;
-changes in employment in recipient companies (distinguishing between direct and indirect employment);
-changes in employment in the sector Domestic steel.
4. Capacity (in respect of the entire Romanian steel sector):
-date established or foreseen for the cessation of production of the capacity expressed in MPP (MPP being the maximum possible annual production that can be obtained in Normal working conditions) to be closed, and description thereof;
-date fixed (or intended) for the decommissioning of the installations concerned and details of the decommissioning, within the meaning of Decision No 3010 /91/ECSC of the Commission Information that companies in the steel sector are required to provide about their investments (1);
-date established (or planned) for the introduction of new capabilities and description thereof;
-evolution of the Total capacity in Romania of raw steel and finished products by category.

(1) OJ L 286, 16.10.1991, p. 20.


5. Cost:
-the distribution of costs and their respective changes in the past and future, in particular in terms of savings in labour costs, energy consumption, cost savings of raw materials, Reductions in ancillary costs and external services.
6. Financial performance:
-changes in a few key financial ratios to ensure that progress is made on sustainability (financial results and ratios should be communicated in such a way that Comparisons can be made in relation to the company's financial restructuring plan and must include the Commission's viability test);
-details of taxes paid, including information on Any differences in the tax and customs rules normally applicable;
-level of financial charges;
-details and timing of payment of aid already granted, in accordance with the provisions of the protocol;
-terms and conditions of any new borrowing (regardless of origin).
7. Creation of a new enterprise or facilities corresponding to a capacity extension:
-identity of each participant from the private sector and the public sector;
-sources of their funding for the creation of the New business or facilities;
-terms and conditions for the participation of private and public shareholders;
-management structure for the new business.
8. Property transfers




A P P E N D I C E B TO A N N E X E V I I
List of establishments in the meat, poultry, milk and dairy products sector
(referred to in Chapter 5, Section B, Subsection I, of Annex VII)
Meat Sector Establishments


You can view the table in OJ
No 22 of 26/01/2007 text number 6




Poultry industry establishments


You can view the table in OJ
No 22 of 26/01/2007 text number 6


Milk and milk products establishments


You can view the table in OJ
No 22 of 26/01/2007 text number 6



A N N E X E V I I I
RURAL DEVELOPMENT
(referred to in Article 34 of the Protocol)
Section I
Additional
and temporary rural development measures for Bulgaria and Romania
A. -Support for
semi-subsistence farms undergoing refactoring


1. Support for semi-subsistence farms undergoing restructuring contributes to the following objectives:
a) to help solve the problems posed by the rural transition, in particular by competitive pressure The single market in the agricultural sector and the rural economy of Bulgaria and Romania;
b) facilitating and encouraging the restructuring of farms that are not yet economically viable
"Annex" means " Semi-subsistence farms " Farms that produce first for their own consumption, but which also market part of their production.
2. To qualify for support, the operator must submit an agricultural development plan that:
a) demonstrates that the operation will be economically viable in the future;
b) contains details of the investments required;
c) indicates Specific steps and objectives.
3. Compliance with the agricultural development plan referred to in point 2 shall be examined after three years. If the interim objectives identified in the plan were not met at the time of the three-year review, the support is not renewed, but will not be required to reimburse the amounts already received.
4. Support shall be paid annually in the form of lump sum assistance up to the ceiling specified in Section I G and for a period of up to five years.


B. -Producer groups


1. Lump sum aid is granted to facilitate the creation and administrative functioning of producer groups whose objectives are:
(a) to adapt the production of producers who are members of these groups to the requirements of the Market;
b) jointly market products, including preparation for sale, centralization of sales and supply to wholesale buyers; and
c) establish common rules for Production information, paying special attention to harvest and availability.
2. Support shall be granted only to groups of producers officially recognised by the competent authorities of Bulgaria and Romania of which they are responsible, between the date of accession and 31 December 2009, on the basis of national law or law Community.
3. The aid shall be granted in annual instalments for the first five years following the date on which the group of producers has been recognised. It shall be calculated on the basis of the production which the group markets annually and does not exceed:
(a) 5 %, 5 %, 4 %, 3 % and 2 % of the value of the marketed production up to a maximum of EUR 1 000 000, second, Third, fourth and fifth years respectively, and
b) 2.5 %, 2.5 %, 2 %, 1.5 % and 1.5 % of the value of marketed production exceeding EUR 1 000 000 in the first, second, third, fourth and fifth years
In any case, the help does not exceed the limits defined in Section I G.


C. -Leader + type measures


1. Assistance may be provided for measures relating to the acquisition of skills to prepare rural communities for the design and implementation of local rural development
. Specific:
a) technical assistance for studies of the region, and a territorial diagnosis taking into account the wishes expressed by the population concerned;
b) information and training of the population to encourage Active participation in the development process;
c) creating representative partnerships in local development;
d) developing integrated development strategies;
e) research funding and Preparing support requests.
2. Support may be granted for the adoption of integrated territorial rural development strategies, developed by the local action groups in accordance with the principles set out in paragraphs 12, 14 and 36 of the Communication of the Commission to the Member States of 14 April 2000 laying down guidelines for the Community initiative on rural development (Leader +) (1). This assistance is limited to regions where there are already sufficient administrative capacity and experience of type approaches. Local rural development ".

(1) OJ C 139, 18.5.2000, p. 5.


3. The local action groups referred to in point 2 may have the right to participate in inter-territorial and transnational cooperation actions in accordance with the principles set out in points 15 to 18 of the Commission communication referred to in paragraph 2. 2.
4. Bulgaria, Romania and the local action groups are granted access to the Observatory of rural territories provided for in point 23 of the Commission communication referred to in point 2.


D. -Advisory services
and extension farms


Support is provided for the provision of farm advisory and extension services.


E. -Supplements to Payments Direct


1. Aid may be granted to operators who may benefit from complementary national direct payments or aid under Article 143c of Regulation (EC) No 1782/2003 (1).

(1) Council Regulation (EC) No 1782/2003 of 29 September 2003 laying down 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. Regulation as last amended by Regulation (EC) No 864/2004 (OJ L 161, 30.4.2004, p. 48).



2. The amount of aid granted to an operator for the years 2007, 2008 and 2009 shall not exceed the difference between:
(a) the level of direct payments applicable in Bulgaria or Romania for the year concerned in accordance with Article 143 Of Regulation (EC) No 1782/03 and
(b) 40 % of the level of direct payments applicable in the Community in its composition as at 30 April 2004 for the year concerned.
3. The Community contribution to the support granted to Bulgaria or Romania under this sub-section E for 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 annual rate of 20 % by the following rates: 25 % for 2007, 20 % for 2008 and 15 % for
. The aid granted to an operator under this sub-section E shall be counted as supplementary national direct payments or aid, as the case may be, for the purposes of applying the maximum levels set out in Article 143c (2) Bis, Regulation (EC) No 1782/2003.


F. -Technical assistance


1. Assistance may be granted for the preparation, monitoring, evaluation and control measures necessary to implement the rural development programming documents.
2. The measures referred to in point 1 shall include, inter alia:
a) studies;
b) technical assistance measures, exchange of experience and information for partners, beneficiaries and the general public;
c) installation, The operation and interconnection of computerised management, monitoring and evaluation systems;
(d) the improvement of evaluation methods and the exchange of information on best practices in this
. -Table of Amounts relating to supplementary and temporary rural development measures for Bulgaria and Romania


You can consult the table in OJ
No 22 of 26/01/2007 text number 6



Section II
Special provisions for
investment aid for Bulgaria and Romania


1. Aid for investments in agricultural holdings under the rural development regulations in force on the date of accession shall be granted to agricultural holdings, whose economic viability at the end of the implementation of the Investments can be demonstrated.
2. The total amount of investment aid on farms, expressed as a percentage of the volume of eligible investments, is limited to a maximum of 50 % and, in less-favoured regions, to 60 %, or to the percentages set in the Relevant rural development regulations in force on the date of accession, whichever is the greater. Where investments are made by young farmers, according to the definition adopted by the relevant rural development regulation in force on the date of accession, these percentages may reach a maximum of 55 % and, in Less favoured areas, of 65 %, or the percentages set out in the relevant rural development regulation in force on the date of accession, whichever is the greater.
3. Investment aid intended to improve the processing or marketing of agricultural products under the relevant rural development regulation in force on the date of accession shall be granted to undertakings which have A transitional period after accession in order to comply with the minimum standards for the environment, hygiene or animal welfare. In this case, the company complies with the relevant standards at the end of the specified transitional period or at the end of the investment realization, with the closest date retained.


Section III
Disposition
pre-retirement aid applicable to Bulgaria


1. Bulgarian operators to whom a milk quota has been allocated are eligible for the pre-retirement scheme provided that they are under 70 at the time of transfer.
2. The amount of support shall be subject to the maxima set out in the relevant rural development regulation in force on the date of accession and shall be calculated on the basis of the volume of the milk quota and the total agricultural activity of the
. 3. Milk quotas allocated to a transferor are returned to the national milk quota reserve, without a new offsetting payment.


Section IV
Specific Financial Provisions Applicable Bulgaria and
for the period 2007-2013


1. For the 2007-2013 programming period, Community aid granted to Bulgaria and Romania under all rural development measures shall be implemented in accordance with the principles set out in Articles 31 and 32 of Regulation (EC) No 1260/1999 of the Council of 21 June 1999 laying down general provisions on the Structural Funds (1).

(1) 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).



2. In the areas covered by Objective 1, the Community's financial contribution may or may be 85 % for measures in the field of agri-environment and animal welfare and 80 % for other measures, or be equal to the Percentages set in the relevant rural development regulations in effect on the date of accession, whichever is greater.


A N N E X E I X


SPECIFIC COMMITMENTS CONTRACTED BY ROMANIA AND REQUIREMENTS ACCEPTED BY CELLE-CI DURING THE CLOSING OF THE NEGOTIATIONS OF ACCESSION DECEMBER 14, 2004


(referred to in Article 39 of the Protocol)
I. -In conjunction with Article 39, paragraph 2


1. Implementing the Schengen Action Plan without further delay, published in M. Of., p. I, n 129 bis/10.II.2005, as amended in accordance with the acquis and in accordance with agreed deadlines.
2. In order to ensure a high level of control and surveillance at the future external borders of the Union, considerably speed up efforts to modernise equipment and infrastructure at the border, at the border Blue and border crossing points, and continue to strengthen the operational risk analysis capability. This must be reflected in a single multi-annual investment plan to be presented by March 2005 at the latest, which will enable the Union to measure progress on an annual basis, until the decision referred to in Article 4, Paragraph 2 of the Protocol shall be adopted in respect of Romania. In addition, Romania needs to considerably speed up the implementation of its plans to recruit 4,438 border police officers and, in particular, ensure that the number of police personnel is as close as possible to 100 % along the Borders with Ukraine and Moldova and on the Black Sea coast from the date of accession. Romania must also implement all the measures necessary to combat illegal immigration effectively, including by strengthening cooperation with third countries.
3. Develop and implement an updated and integrated action plan and strategy for the reform of the judicial system, including the main measures for the implementation of the law on the organization of the judicial system, the law on the status of the judiciary Magistrates and the Law on the Higher Council of the Judiciary, which entered into force on 30 September 2004. These two updated documents must be submitted to the Union by March 2005 at the latest; sufficient financial and human resources must be made available for the implementation of the action plan, which must be implemented without further delay and In accordance with the deadlines set. Romania also needs to demonstrate, by March 2005, that the new system of random business allocation is fully operational.
4. Significably strengthen the fight against corruption and, in particular, against high-level corruption by ensuring strict enforcement of anti-corruption legislation and the effective independence of the Office And by presenting, from November 2005 and on an annual basis, a convincing report on the action taken by the Office against high-level corruption. The Board must be staffed, budgetary and training resources, as well as the equipment it needs to play its capital role.

5. Conduct an independent audit of the results and effects of the current national anti-corruption strategy; take into account the findings and recommendations resulting from this audit in the new strategy A single, comprehensive document, adopted by March 2005 at the latest and accompanied by an action plan with clearly defined evaluation criteria and results to be achieved, As well as adequate financial provisions; the implementation of the strategy and action plan must be overseen by an independent, clearly defined and already existing body; the strategy must include the commitment to revise, by the end 2005, the criminal procedure, the duration of which is excessive, to ensure that corruption cases are dealt with in a timely and transparent manner and that adequate sanctions have a deterrent effect; Measures to reduce considerably, by the end of 2005, the number of bodies with expertise in the prevention of corruption or investigation in this area, so as to avoid overlapping responsibilities.
6. Set up a clear legal framework for the tasks of the gendarmerie and the police for March 2005 and organise the cooperation between these services, including the implementation of the legislation, and develop and implement, By mid-2005, a clear recruitment plan for both institutions, with the objective of making considerable progress in filling the 7,000 vacancies in the police force and the 18,000 vacancies in the gendarmerie On the date of accession.
7. Develop and implement a coherent multi-annual strategy to combat crime, providing for concrete measures to change the status of countries of origin, transit and destination of victims of trafficking in human beings Which is that of Romania, and annually submit, from March 2005, reliable statistical data on how this phenomenon of crime is being fought.


II. -In conjunction with Article 39, paragraph 3


8. Ensure that the Competition Council submits any potential State aid to effective control, including State aid provided for in the form of deferral of payments to the State budget for tax or social charges or for carry-overs of Energy supply charges.
9. To improve without delay the balance sheet on compliance with state aid legislation and to ensure a satisfactory assessment of compliance with the legislation on agreements and state
. To present to the Commission, by mid-December 2004, a revised restructuring plan for the steel sector (including the national restructuring programme and individual business plans), in accordance with the requirements set out in the Protocol No 2 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, relating to the products covered by the Treaty establishing the European Coal Community And the conditions laid down in Annex VII, Chapter 4, Section B of the Protocol.
fully respect the undertaking not to grant or to pay any State aid to the steel companies concerned by the national strategy of Restructuring from 1 January 2005 to 31 December 2008, and fully respecting the amounts of State aid and the conditions for reductions in capacity to be adopted under Protocol No 2 of the European Agreement establishing a Association between the European Communities and their Member States, of the one part, and Romania, of the other part, relating to the products covered by the Treaty establishing the European Coal and Steel Community (ECSC).

(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).


11. Continue to allocate adequate financial resources to the Competition Council and provide adequate and appropriately qualified human resources.


A C T E


ON THE CONDITIONS OF ACCESSION TO THE EUROPEAN UNION OF THE REPUBLIC OF BULGARIA AND ROMANIA AND THE ADAPTATIONS OF THE TREATIES ON WHICH THE EUROPEAN UNION
THE EUROPEAN UNION Pursuant to Article 2 of the Treaty of Accession, this Act shall apply in the case where the Treaty Establishing a Constitution for Europe would not be in force on 1 January 2007, until the date of entry into force of the Treaty.


Part One
Principles
Article 1


Au Meaning of this act is:
- " Originating treaties " :
(a) the Treaty establishing the European Community ("EC Treaty") And the Treaty establishing the European Atomic Energy Community ("EAEC Treaty"), as they were Completed or amended by treaties or other instruments which entered into force before accession;
(b) the Treaty on European Union ("EU Treaty"), as supplemented or amended by treaties or other acts which entered into force before Membership;
- " Current Member States ", 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 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;
- " Union ', the European Union as such It has been established by the EU Treaty;
- " Community ", as the case may be, one of the Communities referred to in the first indent or both;
-" New member states ", the Republic of Bulgaria and Romania;
-" Institutions ", the Institutions provided for in the originating treaties.


Article 2


Upon accession, the provisions of the originating treaties and the acts adopted before accession by the institutions and the Central Bank Shall be binding on Bulgaria and Romania and shall apply in those States under the conditions laid down in those Treaties and by this Act.


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
. Bulgaria and Romania are in the same situation as the current Member States with regard to declarations, resolutions or other positions taken by the European Council or the Council and with regard to those relating to the Community or to The Union, which shall be adopted by common accord of the Member States. As a result, they will respect the principles and directions that flow from them and take the steps that may be necessary to ensure their implementation.
3. Bulgaria and Romania accede to the conventions and protocols listed in Annex I. These conventions and protocols shall enter into force, with respect to Bulgaria and Romania, on the date fixed by the Council in the decisions referred to in the Paragraph 4.
4. The Council, acting unanimously on a recommendation from the Commission and after consulting the European Parliament, shall make all the adjustments required for accession to the conventions and protocols referred to in paragraph 3 and shall publish the text adapted to the Official Journal of the European Union.
5. With regard to the conventions and protocols referred to in paragraph 3, Bulgaria and Romania undertake to introduce administrative and other provisions similar to those adopted on the date of accession by the Member States And to facilitate practical cooperation between the institutions and organisations of the Member States.
6. The Council, acting unanimously on a proposal from the Commission, may supplement Annex I with the conventions, agreements and protocols signed before the date of accession.


Article 4


1. The provisions of the Schengen acquis which have been integrated into the framework of the European Union by the Protocol annexed to the Treaty on European Union and to the Treaty establishing the European Community (hereinafter referred to as " Schengen protocol "), and the Acts based on or relating thereto, listed in Annex II, and any new acts of this nature taken before the date of accession, are binding and apply in Bulgaria and Romania as from the date of accession.
2. The provisions of the Schengen acquis which has been integrated within the framework of the European Union and acts based on or relating thereto and which are not referred to in paragraph 1, although they are binding on Bulgaria and As from the date of accession, Romania shall apply in each of these states only following a decision by the Council to that effect, after it has been verified, in accordance with the relevant Schengen evaluation procedures, that the The conditions necessary for the application of all the parties concerned of the acquis are fulfilled in the State in question.
The Council, after consulting the European Parliament, shall act unanimously by its members representing the governments of Member States for which the provisions of this paragraph have already taken effect and the representative of the Government of the Member State for which those provisions have to take effect. The members of the Council representing the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland shall take part in this decision in so far as it relates to the provisions of the Schengen acquis and to acts To which these Member States are party.


Article 5


Bulgaria and Romania shall participate in the Economic and Monetary Union from the date of accession As Member States with a derogation as defined in Article 122 of the EC Treaty.


Article 6


1. Agreements or agreements concluded or provisionally applied by the Community or in accordance with Article 24 or Article 38 of the EU Treaty, with one or more third States, an international organisation or a national of a third State, shall be binding on Bulgaria and Romania under the conditions laid down in the originating treaties and in this
. Bulgaria and Romania undertake to accede, under the conditions laid down in this Act, to the agreements or conventions concluded or signed by the present Member States and, jointly, the Community.
The accession of Bulgaria and the Romania to the agreements or conventions which have been concluded or signed jointly by the Community and its current Member States with certain third countries or international organisations is hereby approved by the conclusion of a protocol to those agreements or Agreements between the Council, acting unanimously on behalf of the Member States, and the third country (s) or the 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 after consulting a committee composed of the representatives of the Member States. The Commission shall submit the draft protocols to the Council for conclusion.
This procedure shall not affect the exercise by the Community of its own powers and shall not call into question the division of powers between the Community and Member States with regard to the conclusion of such agreements in the future or any modification unrelated to accession.
3. By acceding to the agreements and conventions referred to in paragraph 2, Bulgaria and Romania shall acquire the same rights and obligations under these agreements and conventions as the present Member
. 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 current Member States and The Community before accession, except with regard to the agreement on the free movement of persons concluded with Switzerland. This obligation shall also apply to agreements or conventions which the Union and the current Member States have agreed to apply provisionally.
Pending the entry into force of the protocols referred to in paragraph 2, the Community and the States Members, acting jointly, where appropriate, within their respective jurisdictions, shall take all appropriate measures.
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.

(1) OJ L 317, 15.12.2000, p. 3.


6. Bulgaria and Romania undertake to become parties, subject to the conditions laid down in this Act, to the Agreement on the European Economic Area (1), in accordance with Article 128 of that Agreement.

(1) OJ L 1, 3.1.1994, p. 3.


7. From the date of accession, Bulgaria and Romania shall apply the bilateral textile agreements and arrangements concluded by the Community with third countries.
The quantitative restrictions applied by the Community to the Imports of textile and clothing products are adapted to take account of the accession of Bulgaria and Romania to the Community. To this end, amendments to the bilateral agreements and arrangements may be negotiated by the Community with the third countries concerned before the date of accession.
If the amendments to bilateral agreements and arrangements concerning the Textile products have not entered into force on the date of accession, the Community shall make the necessary adjustments to the rules which it applies to the import of textile and clothing products from third countries in order to take account of The accession of Bulgaria and
. The quantitative restrictions applied by the Community to imports of steel and steel products are adapted according to imports of steel products from the relevant supplier countries made by Bulgaria and By Romania in recent years.
To this end, the necessary amendments to the bilateral agreements and arrangements concerning steel products concluded by the Community with third countries shall be negotiated before the
If the amendments to the agreements and arrangements have not entered into force on the date of accession, the provisions of the first subparagraph shall apply.
9. Agreements concluded before accession by Bulgaria or Romania with third countries in the field of fisheries shall be managed by the Community.
The rights and obligations arising from these agreements, for Bulgaria and Romania, Shall not be challenged during the period in which the provisions of those agreements remain provisionally applicable.
As soon as possible, and in any event before the expiry of the agreements referred to in the first subparagraph, the Council, acting by a qualified majority on a proposal from the Commission, shall adopt, on a case-by-case basis, appropriate decisions providing for the continuation of fishing activities which are the subject of those agreements, including the possibility of extending certain Agreements for a maximum of one year.
10. With effect from the date of accession, Bulgaria and Romania shall withdraw from any free trade agreement concluded with a third country, including the Central European Free Trade Agreement.
To the extent that agreements concluded between Bulgaria, Romania or these two States, on the one hand, and one or more third countries, of the other part, are not compatible with the obligations arising from this Act, Bulgaria and Romania shall take all appropriate measures to eliminate the Incompatibilities established. If Bulgaria or Romania faces difficulties in adapting an agreement concluded with one or more third countries before accession, it withdraws from this agreement, in accordance with its provisions.
11. Bulgaria and Romania accede under the conditions laid down in this Act to the internal agreements concluded by the present Member States for the implementation of the agreements or conventions referred to in paragraphs 2, 5 and 6.
12. Bulgaria and Romania shall take the appropriate measures to adapt, where appropriate, their situation with regard to international organisations and international agreements, to which the Community or other Member States are also parties, The rights and obligations arising from their accession to the Union.
In particular, they withdraw, on the date of accession or as soon as possible after that date, international fishing agreements and organisations to which the Community Is also a party, unless their participation in these agreements or organizations relates to other areas than fishing.


Article 7


1. The provisions set out in this Act shall not, unless the latter provides otherwise, be suspended, amended or repealed only in accordance with the procedures laid down in the originating treaties for the purpose of revising them Processed.
2. The acts adopted by the institutions to which the transitional provisions laid down in this Act relate retain their legal nature; the procedures for amending those acts, in particular, shall apply to them.
3. The provisions of this Act which have as their object or effect the repeal or amendment, otherwise than as a transitional measure, of acts taken by the institutions, shall acquire the same legal nature as the provisions thus repealed or amended and are Subject to the same rules as the latter.


Article 8


The application of the originating treaties and the acts adopted by the institutions shall, on a transitional basis, be subject to derogations


Second Part
Adaptations to Treaties
TITLE I
INSTITUTIONAL PROVISIONS
Article 9


1. In Article 189 of the EC Treaty and Article 107 of the EAEC Treaty, the second paragraph shall be replaced by the following:
" The number of Members of the European Parliament shall not exceed seven hundred and thirty-six. "
2. With effect from the beginning of the 2009-2014 term, in Article 190 (2) of the EC Treaty and in Article 108 (2) of the EAEC Treaty, the first subparagraph is replaced by the following:
" 2. The number of elected representatives in each member state is as follows:
Belgium 22;
Bulgaria 17;
Czech Republic 22;
Denmark 13;
Germany 99;
Estonia 6;
Greece 22;
Spain 50;
France 72;
Ireland 12;
Italy 72;
Cyprus 6;
Latvia 8.
Lithuania 12;
Luxembourg 6;
Hungary 22;
Malta 5;
Netherlands 25;
Austria 17;
Poland 50;
Portugal 22;
Romania 33;
Slovenia 7 ;
Slovakia 13;
Finland 13;
Sweden 18;
United Kingdom 72. "


Article 10


1. In Article 205 of the EC Treaty and Article 118 of the EAEC Treaty, paragraph 2 shall be replaced by the following:
' 2. For Council deliberations requiring a qualified majority, members' votes are weighted as follows:
Belgium 12;
Bulgaria 10;
Czech Republic 12;
Denmark 7;
Germany 29;
Estonia 4;
Greece 12;
Spain 27;
France 29;
Ireland 7;
Italy 29;
Cyprus 4;
Latvia 4;
Lithuania 7;
Luxembourg 4;
Hungary 12;
Malta 3;
Netherlands 13;
Austria 10;
Poland 27;
Portugal 12;
Romania 14;
Slovenia 4;
Slovakia 7;
Finland 7;
Sweden 10;
United Kingdom 29.
Council deliberations are acquired if they have received at least two hundred and fifty-five votes in favour In favour of the majority of members, where, under this Treaty, they are to be made on a proposal from the Commission.
In any other case, the deliberations of the Board shall be acquired if they have received at least two hundred Fifty-five votes in favour of at least two-thirds of the members. "
2. In Article 23 (2) of the EU Treaty, the third subparagraph is replaced by the following:
" The votes of the members of the Council shall be weighted in accordance with Article 205 (2) of the Treaty establishing the Community European. In order to be adopted, decisions shall require at least two hundred and fifty-five votes cast in favour of at least two-thirds of the members. A member of the Council may request that, when making a decision by the Council by a qualified majority, it be verified that the Member States constituting this qualified majority represent at least 62 % of the total population of the Union. If it is found that this condition is not met, the decision in question is not adopted. "
3. In Article 34 of the EU Treaty, paragraph 3 is replaced by the following:
" 3. For the deliberations of the Council which require a qualified majority, the votes of the members shall be weighted according to Article 205 (2) of the Treaty establishing the European Community; the proceedings shall be acquired if they Have received at least two hundred and fifty-five votes in favour of at least two-thirds of the members. A member of the Council may request that, when making a decision by the Council by a qualified majority, it be verified that the Member States constituting this qualified majority represent at least 62 % of the total population of the Union. If it is found that this condition is not met, the decision in question is not adopted. "


Article 11


1. In Article 9 of the Protocol on the Statute of the Court of Justice, annexed to the EU Treaty, the EC Treaty and the EAEC Treaty, the first paragraph shall be replaced by the following:
" The partial renewal of judges, which takes place every three years, Alternately over fourteen and thirteen judges. "
2. Article 48 of the Protocol on the Statute of the Court of Justice, annexed to the EU Treaty, the EC Treaty and the EAEC Treaty, is replaced by the following:


" Article 48


The Tribunal shall be composed of twenty-seven Judges. "


Article 12


Article 258 of the EC Treaty and Article 166 of the EAEC Treaty, the second paragraph, concerning the composition of the Economic and Social Committee, is replaced by the following:
" The number of members of the Committee is as follows:
Belgium 12;
Bulgaria 12;
Czech Republic 12;
Denmark 9;
Germany 24;
Estonia 7;
Greece 12;
Spain 21;
France 24;
Ireland 9;
Italy 24;
Cyprus 6;
Latvia 7;
Lithuania 9;
Luxembourg 6;
Hungary 12;
Malta 5;
Netherlands 12;
Austria 12;
Poland 21;
Portugal 12;
Romania 15;
Slovenia 7;
Slovakia 9;
Finland 9;
Sweden 12;
United Kingdom 24. "


Article 13


Article 263 of the EC Treaty, the third paragraph, concerning the composition of the Committee of the Regions, is replaced by the following:
" The number of members of the Committee is fixed As follows:
Belgium 12;
Bulgaria 12;
Czech Republic 12;
Denmark 9;
Germany 24;
Estonia 7;
Greece 12;
Spain 21;
France 24;
Ireland 9;
Italy 24;
Cyprus 6;
Latvia 7 ;
Lithuania 9;
Luxembourg 6;
Hungary 12;
Malta 5;
Netherlands 12;
Austria 12;
Poland 21;
Portugal 12;
Romania 15;
Slovenia 7;
Slovakia 9;
Finland 9;
Sweden 12;
United Kingdom 24. "


Article 14


The Protocol on the Statute of the European Investment Bank, annexed to the EC Treaty, is amended as follows:
1. In Article 3, the following text shall be inserted between the reference to Belgium and the reference to the Czech
: -the Republic of Bulgaria, "
and the following text, between the reference to Portugal and that relating to Slovenia:
" -Romania, ".
2. In Article 4 (1), first subparagraph:
(a) the first sentence is replaced by the following:
" 1. The Bank has a capital of EUR 164 795 737 000 subscribed by the Member States to the following amounts (*):

(*) The figures for Bulgaria and Romania are given as an indication and are based on data Published by Eurostat for 2003. "


b) the following is inserted between the reference to Ireland and the reference to Slovakia:
" Romania 846 000 000 " ; and
(c) the following text, between the reference to Slovenia and that relating to the Lithuania:
" Bulgaria 296 000 000 ".
3. In Article 11 (2), the first, second and third paragraphs shall be replaced by the following:
' 2. The Board of Directors is composed of twenty-eight directors and eighteen alternates.
Directors are appointed for a period of five years by the Board of Governors. Each Member State shall designate one and the Commission shall designate one also.
Alternate Directors shall be appointed for a period of five years by the Board of Governors on the basis of:
-two alternates nominated by the Federal Republic From Germany;
-two alternates nominated by the French Republic;
-two alternates nominated by the Italian Republic;
-two alternates nominated by the United Kingdom of Great Britain and Northern Ireland;
-one alternate Appointed by common accord of the Kingdom of Spain and the Portuguese Republic;
-an alternate nominated by common accord of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
-two alternates designated of a Agreed by the Kingdom of Denmark, the Hellenic Republic, Ireland and Romania;
-two alternates nominated by common accord of the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Austria, The Republic of Finland and the Kingdom of Sweden;
-three alternates nominated by common accord of the Republic of Bulgaria, the Czech Republic, the Republic of Cyprus, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic;
-an alternate appointed by the Commission. "


Article 15


Article 134 (2) of the EAEC Treaty, the first subparagraph, concerning the composition of the Scientific and Technical Committee, shall be replaced by the following:
" 2. The Committee shall be composed of forty-one members, appointed by the Council after consulting the Commission. "


TITLE II
OTHER ADAPTATIONS
Article 16


In Article 57 (1) of the EC Treaty, the last sentence is replaced by the following:
" With respect to existing restrictions Under the national laws in Bulgaria, Estonia and Hungary, the date in question is 31 December 1999. "


Article 17


Article 299 of the EC Treaty, paragraph 1 is replaced by the following:
" 1. This Treaty applies 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 Of Northern Ireland. "


Article 18


1. In Article 314 of the EC Treaty, the second subparagraph is replaced by the following:
" Pursuant to the Accession Treaties, the English, Bulgarian, Danish, Spanish, Estonian, Finnish, Greek and Spanish versions of this Treaty are equally authentic. Hungarian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech. "
2. In Article 225 of the EAEC Treaty, the second paragraph shall be replaced by the following:
" Pursuant to the Accession Treaties, the English, Bulgarian, Danish, Spanish, Estonian, Finnish and Spanish versions of this Treaty are equally authentic. Greek, Hungarian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech. "
3. In Article 53 of the EU Treaty, the second subparagraph is replaced by the following:
" According to the Accession Treaties, the versions of this Treaty in the Bulgarian, Estonian, Finnish, Hungarian, Latvian, Lithuanian languages are equally authentic. Maltese, Polish, Romanian, Slovak, Slovenian, Swedish and Czech. "


Part 3
The permanent provisions
TITLE I
ADAPTATIONS OF ACTS ADOPTED
BY THE INSTITUTIONS
Article 19


The acts listed in Annex III to the Hereinafter referred to in that Annex.


Article 20


The adaptations of the acts listed in Annex IV to this Act which are made necessary By accession shall be established in accordance with the guidelines laid down in that Annex.


TITLE II
OTHER PROVISIONS
Article 21


The measures listed in Annex V to the Act shall be applied in accordance with the conditions laid down in that Annex.


Article 22


The Council, acting unanimously on a proposal from the Commission and after consulting Parliament May make adjustments to the provisions of this Act relating to the common agricultural policy which may be necessary as a result of a change in Community rules.


Part Four
Les Temporary provisions
TITLE I
TRANSITIONAL ARRANGEMENTS
Article 23


The measures listed in Annexes VI and VII to this Act shall apply to Bulgaria and Romania under the conditions defined in Those annexes.


TITLE II
INSTITUTIONAL PROVISIONS
Article 24


1. By way of derogation from the maximum number of Members of the European Parliament laid down in the second subparagraph of Article 189 of the EC Treaty and in the second subparagraph of Article 107 of the EAEC Treaty, the number of Members of the European Parliament shall be increased by the following number of Representatives of Bulgaria and Romania to take account of the accession of these two countries from the date of accession and until the beginning of the 2009-2014 term of the European Parliament:
Bulgaria 18;
Romania 35.
2. Before 31 December 2007, Bulgaria and Romania shall each elect by direct universal suffrage the number of representatives of their people in the European Parliament, as laid down in paragraph 1, in accordance with the provisions of the Act Election of representatives to the European Parliament by direct universal suffrage (1).

(1) OJ L 278, 8.10.1976, p. 5. An Act as last amended by Council Decision 2002/772/EC, Euratom (OJ L 283, 21.10.2002, p.1).


3. By way of derogation from Article 190 (1) of the EC Treaty and Article 108 (1) of the EAEC Treaty, if the elections are organised after the date of accession, representatives to the European Parliament of the peoples of Bulgaria and Romania, From the date of accession until the elections referred to in paragraph 2, shall be designated by the Parliaments of those States within the procedure laid down by each of those States.


TITLE III
PROVISIONS FINANCIAL
Article 25


1. From the date of accession, Bulgaria and Romania shall pay the following amounts corresponding to their share of the subscribed capital as defined in Article 4 of the Statute of the European Investment Bank (1):
Bulgaria 14 800 000 EUR;
Romania 42 300 000 EUR.
These contributions are paid in eight equal instalments due on 31 May 2007, 31 May 2008, 31 May 2009, 30 November 2009, 31 May 2010, 30 November 2010, on 30 November 2009. 31 May 2011 and 30 November 2011.

(1) Figures are given as an indication and are based on data published by Eurostat for 2003.


2. Bulgaria and Romania shall contribute, in eight equal instalments to the dates referred to in paragraph 1, to reserves and provisions equivalent to reserves, as well as to the amount still to be allocated to reserves and provisions, constituted By the balance of the profit and loss account, drawn up at the end of the month preceding accession, as shown in the balance sheet of the Bank, for amounts corresponding to the following percentages of reserves and provisions (1):
Bulgaria 0.181 % ;
Romania 0.517 %.

(1) The figures are given as an indication and are based on data published by Eurostat for 2003.


3. The capital and payments provided for in paragraphs 2 and 3 shall be paid by Bulgaria and Romania in cash and in euro, except in the case of a derogation decided unanimously by the Governing Council.


Article 26


1. Bulgaria and Romania shall pay the amounts indicated below to the Research Fund for Coal and Steel referred to in Decision 2002/234/ECSC of 27 February 2002 of the representatives of the governments of the Member States, meeting within the Council, Concerning the financial consequences of the expiry of the ECSC Treaty and the Research Fund for Coal and Steel (1):


(EUR million,


current prices)


Bulgaria


11.95


Romania


29.88

(1) OJ L 79, 22.3.2002, p. 42.


2. Contributions to the Research Fund for Coal and Steel are paid four times, starting in 2009, according to the following distribution, in each case on the first working day of the first month of each year:
2009: 15 %;
2010: 20 % ;
2011: 30 %;
2012: 35 %.


Article 27


1. From the date of accession, tenders, tenders, implementation and payment of pre-accession aid under PHARE (1) and PHARE CBC (2), as well as the Transition Facility referred to in Article 31 shall be managed By implementing bodies in Bulgaria and Romania.
By a decision of the Commission to this effect, it will be derogated from the ex-ante controls by the Commission on Tendering and Auctions, following an accreditation procedure Carried out by the Commission and a positive evaluation of the extended decentralisation system (EDIS) according to the criteria and conditions set out in the Annex to Council Regulation (EC) No 1266/1999 of 21 June 1999 on the coordination of assistance to countries As part of the pre-accession strategy and amending Regulation (EEC) No 3906/89 (3) and Article 164 of the Financial Regulation applicable to the general budget of the European Communities (4)
To derogate from ex ante controls has not been taken before the date of accession, any contract signed between the date of accession and the date on which the Commission's decision is adopted will not be eligible for pre-accession
. Exceptionally, if the Commission's decision to derogate from ex ante controls is postponed beyond the date of accession on grounds which are not attributable to the authorities of Bulgaria or Romania, the Commission may accept, in Duly justified cases, that the contracts signed between the date of accession and the date of adoption of the Commission's decision can benefit from pre-accession assistance and that the implementation of the pre-accession aid continues during a period of Limited period, subject to ex-ante controls by the Commission on Tendering and Auctions.

(1) Council Regulation (EEC) No 3906/89 of 18.12.1989 on economic aid to certain Central European countries and East (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). (2) Commission Regulation (EC) No 2760/98 of 18.12.1998 on the implementation of a cross-border cooperation programme under the PHARE programme (OJ L 345, 19.12.1998, p. Regulation as last amended by Regulation (EC) No 1822/2003 (OJ L 267, 17.10.2003, p. 9). (3) OJ L 161, 26.6.1999, p. 68. (4) Council Regulation (EC, Euratom) No 1605/2002 of 25.6.2002 (OJ L 248, 16.9.2002, p. 1).


2. The financial commitments made before accession under the pre-accession financial instruments referred to in paragraph 1 and under the Transitional Facility referred to in Article 31 after accession, including the conclusion and registration of Various legal commitments subsequently entered into and payments made after accession, will continue to be governed by the rules and regulations of the pre-accession financial instruments and charged to the budget chapters Corresponding to the closure of the programmes and projects concerned. Notwithstanding the above, post-accession procurement procedures shall comply with the relevant Community directives.
3. The last programming exercise of the pre-accession aid referred to in paragraph 1 shall take place during the last year preceding accession. The award of the measures taken under these programmes will have to take place within two years. No extension of the award deadline is granted. Exceptionally and in duly justified cases, a limited extension of the duration may be granted for the execution of contracts.
Notwithstanding the provisions of this paragraph, the pre-accession funds provided for to cover the costs Administrative measures as defined in paragraph 4 may be incurred in the first two years following accession. As regards 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 the ISPA programme (1), the Commission may adopt all appropriate measures to ensure that the required statutory staff remains in force. Place in Bulgaria and Romania for a period not exceeding nineteen months after accession. During this period, officials, temporary agents and contract agents who have been assigned to posts in Bulgaria and Romania before accession and who are required to remain in service in these States after the date of accession Enjoy, on an exceptional basis, the same financial and material conditions as those applied by the Commission before accession, in accordance with the Staff Regulations of Officials of the European Communities and the applicable scheme The other servants of these Communities which are set out in Council Regulation (EEC, Euratom, ECSC) No 259/68 (2). The necessary administrative expenditure, including the salaries of other staff required, shall be covered by the heading " Phasing out of pre-accession assistance for the new Member States " Or by equivalent heading Under the relevant policy area in the general budget of the European Communities devoted to enlargement.

(1) Council Regulation (EC) No 1267/1999 of 21.6.1999 establishing a structural instrument 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). (2) OJ L 56, 4.3.1968, p. Regulation as last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1.


Article 28


1. The measures which, on the date of accession, have been the subject of aid decisions in the framework of Regulation (EC) No 1267/1999 establishing a structural instrument for pre-accession and whose implementation has not been completed by that date are Approved by the Commission pursuant to Council Regulation (EC) No 1164/94 of 16 May 1994 establishing the Cohesion Fund (1). The amounts still to be committed for the implementation of these measures shall be committed in accordance with the Regulation on the Cohesion Fund in force on the date of accession and shall be charged to the chapter corresponding to this Regulation in the General budget of the European Communities. Unless otherwise provided in paragraphs 2 to 5, the provisions governing the implementation of measures approved in accordance with the latest Regulation shall apply to such measures.

(1) OJ L 130, 25.5.1994. Regulation as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 33).


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 This call for tenders. However, the provisions laid down 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 a call for tenders published in the Official Journal of the European Union shall be in accordance with the provisions of the Treaties, instruments adopted under the Community policies, in particular those concerning environmental protection, transport, trans-European networks, competition and public procurement.
3. Payments made by the Commission under a measure referred to in paragraph 1 shall be allocated to the oldest open commitment carried out in accordance with Regulation (EC) No 1267/1999 and then pursuant to the Regulation on the Cohesion Fund
4. For the measures referred to in paragraph 1, the rules governing the eligibility of expenditure in accordance with Regulation (EC) No 1267/1999 shall remain applicable, except in duly justified cases, on which the Commission is to take a decision at the request of The Member State concerned.
5. The Commission may decide, in exceptional and duly justified cases, to authorise for the measures referred to in paragraph 1 specific derogations to the rules applicable under the Regulation on the Cohesion Fund in force on the date


Article 29


When the period for multiannual commitments under the SAPARD programme (1) in relation to afforestation of agricultural land, support for the creation of Producer groups or agri-environmental programmes shall extend beyond the last date on which payments may be made under SAPARD, the outstanding commitments will be covered under the programme of Rural development for 2007-2013. If specific transitional measures are necessary in this respect, they shall be adopted in accordance with the procedure laid down in Article 50 (2) of Council Regulation (EC) 1260/1999 of 21 June 1999 laying down general provisions on Structural Funds (2).

(1) Council Regulation (EC) No 1268/1999 of 21.6.1999 on Community aid for pre-accession measures for agriculture and rural development in the candidate countries of Central and Eastern Europe, During the pre-accession period (OJ L 161, 26.6.1999, p. Regulation as last amended by Regulation (EC) No 2008/2004 (OJ L 349, 25.11.2004, p. (2) 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).


Article 30


1. Bulgaria, having-in accordance with its commitments-permanently closed for the subsequent decommissioning of Unit 1 and Unit 2 of the Kozloduy nuclear power plant before 2003, undertakes to permanently close Unit 3 and Unit 4 of this And, subsequently, to decommission these units.
2. During the period 2007-2009, the Community provides financial assistance in support of Bulgaria's efforts to decommission the Kozloduy nuclear power plant and to deal with the consequences of the closure and decommissioning of the units
The assistance shall include measures to support the decommissioning of units 1 to 4 of the Kozloduy nuclear power plant; measures for the rehabilitation of the environment in accordance with the acquis; Measures to modernise the production, transmission and distribution of conventional energy in Bulgaria; measures to improve energy efficiency, promote the use of sources
the period 2007-2009, the amount of assistance amounts to EUR 210 million (2004 prices) in commitment appropriations, which will be made available in annual instalments EUR 70 million (2004 prices).
This assistance may be made available in whole or in part as a Community contribution to the Kozloduy International Support Fund, administered by the European Bank For reconstruction and development.
3. The Commission may adopt arrangements for the implementation of the assistance referred to in paragraph 2. These are 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 (1). 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 months. The Committee shall adopt its rules of procedure.

(1) OJ L 184, 17.7.1999, p. 23.


Article 31


1. For the first year following accession, the Union shall provide Bulgaria and Romania with provisional financial assistance, hereinafter referred to as ' Transitory facility ", to develop and strengthen their administrative and judicial capacity to implement To ensure compliance with Community legislation and to encourage the exchange of good practice among peers. This assistance funds institution-building projects and small, limited investments that are ancillary to them.
2. The aid responds to the continuing need to strengthen institutional capacity in certain areas through actions which cannot be financed by the Structural Funds or by rural development funds.
3. As regards twinning projects between public administrations for institution-building purposes, the call for proposals procedure through the network of contact points in the Member States continues to apply, such as As provided for in the framework agreements concluded with the Member States for the purposes of pre-accession assistance.
The commitment appropriations for the transitional facility for Bulgaria and Romania are, at 2004 prices, EUR 82 million in the First year following accession, in order to address national and horizontal priorities. Appropriations shall be authorised by the budgetary authority within the limits of the financial
. Assistance under the Transition Facility shall be granted and implemented in accordance with Council Regulation (EEC) No 3906/89 on economic aid for certain central and eastern European countries.


Article 32


1. A cash-flow facility and a Schengen Facility are set up 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 application of the Schengen acquis and external border controls and to help improve the cash flow of national budgets.
2. For the period 2007-2009, the following amounts (2004 prices) are made available to Bulgaria and Romania in the form of lump sum payments from the Cash and Temporary Schengen Facility.


(Millions of euros, 2004 prices)



You can view the table in OJ
No 22 of 26/01/2007 text number 6



3. At least 50 % of the funds allocated to each country under the cash-flow facility and the temporary Schengen facility are used to help Bulgaria and Romania to meet the obligation to finance actions at the new borders Of the Union for the application of the Schengen acquis and external border controls.
4. One twelfth of each annual amount shall be paid to Bulgaria and Romania on the first working day of each month of the corresponding year. Lump sum payments shall be used within three years from the date of the first disbursement. No later than six months after the expiry of the three-year period, Bulgaria and Romania shall submit a full report on the final use of the lump sum payments under the Cash and Temporary Schengen Facility Accompanied by a justification for the expenditure. Any unused or unjustifiably spent money is recovered by the Commission.
5. The Commission may adopt the technical provisions necessary for the operation of the temporary cash-flow and Schengen facility.


Article 33


1. Without prejudice to the political decisions to be taken in the future, the overall allocation of commitment appropriations for structural actions to be made available to Bulgaria and Romania for the three-year period from 2007 to 2009 is:


(Millions of euros, 2004 prices)



You can view the table in OJ
No 22 of 26/01/2007 text number 6



2. During the three-year period from 2007 to 2009, the scope and nature of the interventions in the envelopes set by these countries will be determined on the basis of the provisions applicable at that time to the expenditure on shares


Article 34


1. In addition to the rural development regulations in force on the date of accession, the provisions set out in Sections I to III of Annex VIII shall apply to Bulgaria and Romania for the period 2007-2009 and the provisions Annex VIII, Section IV, applies to Bulgaria and Romania throughout the 2007-2013 programming period.
2. Without prejudice to the political decisions to be taken in the future, the amount of commitment appropriations for rural development in Bulgaria and Romania under the section ' Warranty " The EAGGF amounts to EUR 3 041 million ( 2004) for the three-year period 2007 to 2009.
3. The necessary implementing rules, where appropriate, for the implementation of the provisions of Annex VIII shall be adopted in accordance with the procedure referred to in Article 50 (2) of Regulation (EC) No 1260/1999
The Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall make adaptations to the provisions of Annex VIII which would be necessary to ensure consistency with the Regulation on rural development.


Article 35


The amounts referred to in Articles 30, 31, 32, 33 and 34 shall be adjusted each year by the Commission in accordance with price developments, in The framework for technical adjustments made each year to the financial perspective.


TITLE IV
OTHER PROVISIONS
Article 36


1. For a period of up to three years from the date of accession, in the event of serious difficulties and likely to persist in a sector of economic activity or difficulties which may result in the serious alteration of a situation Bulgaria or Romania may request to be authorised to adopt safeguard measures to rebalance the situation and to adapt the sector concerned to the economy of the internal
. Conditions, a current Member State may request to be authorised to adopt safeguard measures in respect of Bulgaria or Romania or both States.
2. At the request of the Member State concerned, the Commission shall, by means of an emergency procedure, determine the safeguard measures it considers necessary, specifying the terms and conditions of the application.
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 from the date of receipt of the application, together with the relevant assessment elements. The measures thus decided are immediately applicable, take into account the interests of all parties concerned and do not involve border controls.
3. The measures authorised under paragraph 2 may include derogations from the rules of the EC Treaty and this Act, to the extent and for the time limits strictly necessary to achieve the aims referred to in paragraph 1. The measures that cause the least disruption to the functioning of the internal market will have to be chosen as a matter of priority.


Article 37


If Bulgaria or Romania has not acted on the commitments It has taken part in the accession negotiations, including commitments to all sectoral policies relating to economic activities with a cross-border dimension, thereby causing, or is likely to cause, the Very short term, a serious malfunction of the internal market, the Commission may, for a period of up to three years from the date of accession, at the reasoned request of a Member State, or on its own initiative, adopt Appropriate measures.
These measures are proportionate and the choice is given in priority to those which least disturb the functioning of the internal market and, where appropriate, to the application of the sectoral safeguard mechanisms in force. These safeguard measures cannot be used as a means of arbitrary discrimination or disguised restriction of trade between Member States. The safeguard clause may be invoked even before accession on the basis of findings established in the framework of the monitoring and the measures adopted shall enter into force on the date of accession, unless a later date is provided for. The measures shall be maintained for the duration strictly necessary and, in any event, shall be lifted when the corresponding undertaking is fulfilled. They may, however, be applied beyond the period referred to in the first subparagraph until the corresponding commitments have been fulfilled. The Commission may adapt the measures adopted in accordance with the extent to which the new Member State concerned fulfils its commitments. The Commission shall inform the Council in good time prior to the repeal of the safeguard measures and shall take due account of any observations made by the Council in this regard.


Article 38


If serious Deficiencies or an imminent risk of serious shortcomings are recognised in Bulgaria or Romania as regards transposition, the state of implementation or the application of the framework decisions or any other commitment, instrument Cooperation and decision on mutual recognition in criminal matters adopted on the basis of Title VI of the EU Treaty, and the directives and regulations on mutual recognition in civil matters adopted on the basis of Title IV of the EC Treaty, the Commission may, for a period of up to three years from the date of accession and at the reasoned request of a Member State or on its own initiative and after consulting the Member States, take measures
measures may take the form of a temporary suspension of the application of the relevant provisions and decisions in the relations between Bulgaria or the Republic of Bulgaria. Romania and one or more other Member States, without calling into question the continuation of close judicial cooperation. The safeguard clause may be invoked even before accession on the basis of observations made in the course of monitoring and the measures adopted shall enter into force on the date of accession, unless a later date is provided for. The measures shall be maintained for the duration strictly necessary and, in any event, shall be lifted as soon as the deficiency has been corrected. They may, however, be applied beyond the period referred to in the first subparagraph as long as these shortcomings persist. The Commission may, after consulting the Member States, adapt the measures adopted on the basis of the extent to which the new Member State corrects the deficiencies noted. The Commission shall inform the Council in good time before revoing the safeguard measures and shall take due account of any observations made by the Council in this regard.


Article 39


1. If, on the basis of the continuous monitoring of the commitments made by Bulgaria and Romania in the framework of the accession negotiations, and in particular in the Commission's monitoring reports, it is clear that the state of preparations for adoption And the implementation of the acquis in Bulgaria and Romania is such that there is a serious risk that one of these states is manifestly not ready, by the date of accession of 1 January 2007, to comply with the requirements of accession in a Of a number of important areas, the Council, acting unanimously on the basis of a recommendation from the Commission, may decide that the date of the expected accession of the State concerned shall be extended from one year to 1 January
. Notwithstanding the provisions of paragraph 1, the Council may, acting by a qualified majority on the basis of a recommendation from the Commission, take the decision referred to in paragraph 1 in respect of Romania if serious breaches of the Romania of one or more of the commitments and requirements listed in Annex IX, point I, are recognised.
3. Notwithstanding the provisions of paragraph 1, and without prejudice to Article 37, the Council, acting by a qualified majority on the basis of a recommendation from the Commission, may take, after a detailed evaluation to be held in the autumn of 2005 on The progress made by Romania in the field of competition policy, the decision referred to in paragraph 1 in respect of Romania if serious shortcomings in Romania's compliance with the obligations under the European Agreement (1) or one or more of the commitments and requirements listed in Annex IX, point II, are recognised.

(1) European Agreement establishing an Association between the European Communities and their Member States, of the one part, and Romania, of the other Part (OJ L 357, 31.12.1994, p. 2).


4. In the event of a decision taken pursuant to paragraph 1, 2 or 3, the Council, acting by a qualified majority, shall immediately decide on the adaptations of this Act, including its annexes and appendices, which have become indispensable as a result of the decision Report.


Article 40


In order not to disrupt the proper functioning of the internal market, the implementation of the national rules of Bulgaria and Romania during the transitional periods referred to In Annexes VI and VII cannot result in border controls between Member States.


Article 41


If transitional measures are necessary to facilitate the transition from the current system to the Bulgaria and Romania in the scheme resulting from the application of the common agricultural policy under the conditions specified in this Act, these measures shall be adopted by the Commission in accordance with the procedure referred to in Article 25 (2) of the Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), or, where appropriate, the corresponding articles of the other regulations on the organisation of agricultural markets, or Under the comitology procedure provided for in the applicable legislation. The transitional measures referred to in this Article may be adopted for a period of three years from the date of accession and shall not apply beyond that period. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may extend this period.

(1) OJ L 270, 21.10.2003, p. 78.


Transitional measures relating to the implementation of instruments under the common agricultural policy which are not mentioned in this Act, but which accession makes necessary, shall be adopted by the Council, acting by a qualified majority on a proposal from the Commission, before accession, or, where those measures concern instruments adopted initially by the Commission, they shall be adopted by the Commission in accordance with the Relevant procedure.


Article 42


Where transitional measures are necessary to facilitate the transition from the current regime in Bulgaria and Romania to the scheme resulting from the At Community level, veterinary, phytosanitary and food safety rules are adopted by the Commission in accordance with the comitology procedure laid down in the applicable legislation. These measures shall be adopted for a period of three years from the date of accession and shall not apply beyond that period.


Part V
The provisions relating to the
of the present Act
TITLE I
SETTING THE INSTITUTIONS
AND ORGANISMS
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 from the date of accession. The new members of the Commission shall be appointed by the Council, acting by a qualified majority and by common agreement with the President of the Commission, after consulting the European
. Time of the members who are on duty at the time of accession.


Article 46


1. Two judges are appointed to the Court of Justice and two judges are appointed to the Court of First
. The term of office of one of the judges of the Court of Justice appointed pursuant to paragraph 1 shall expire on 6 October 2009. This judge is appointed by fate. 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 Court of First Instance appointed in accordance with paragraph 1 shall expire on 31 August 2007. This judge is appointed by fate. The other judge's term expires on 31 August 2010.
3. The Court of Justice shall bring to its Rules of Procedure the adjustments made necessary by accession.
The Court of First Instance, in agreement with the Court of Justice, shall make the necessary adaptations to its Rules of Procedure By accession.
The rules of procedure so adapted shall be subject to the approval of the Council, acting by a qualified
. For the judgment of the cases pending before the above-mentioned courts on the date of accession for which the oral procedure was opened before that date, the Court in plenary sitting or the Chambers shall sit in the composition which they had Before accession and apply the Rules of Procedure as it was in force on the day before the date of accession.


Article 47


The Court of Auditors shall be supplemented by the appointment of two Additional members for a six-year term.


Article 48


The Economic and Social Committee shall be supplemented by the appointment of 27 members representing the different economic categories And social of organised civil society in Bulgaria and Romania. The term of office of the members thus appointed shall expire at the same time as that of the members who are in office at the time of accession.


Article 49


The Committee of the Regions shall be supplemented by the appointment of Twenty-seven members representing regional and local authorities of Bulgaria and Romania, who are either holding an electoral mandate in a regional or local community or politically accountable to an assembly Elected. The term of office of the members thus appointed shall expire at the same time as that of the members who are in office at the time of accession.


Article 50


The adaptations of the statutes and the rules of procedure of the Committees established by the originating treaties, made necessary by accession, shall be carried out as soon as possible after accession.


Article 51


1. The new members of the committees, groups or other bodies established by the Treaties or by an act of the institutions shall be appointed under the conditions and in accordance with the procedures laid down for the appointment of the members of such committees, groups or other bodies. The term of office of the new members shall expire at the same time as that of the members who are in office at the time of accession.
2. The composition of the committees or groups established by the Treaties or an act of the institutions whose membership is fixed independently of the number of member states shall be completely renewed upon accession, unless the term of office of the current members Expires within one year of accession.


TITLE II
APPLICABILITY OF THE INSTITUTIONS OF THE INSTITUTIONS
Article 52


Upon accession, Bulgaria and Romania shall be considered as addressees Directives and decisions, within the meaning of Article 249 of the EC Treaty and Article 161 of the EAEC Treaty, provided that these directives and decisions have been addressed to all the present Member States. Except as regards the directives and decisions which have entered into force pursuant to Article 254 (1) and (2) of the EC Treaty, Bulgaria and Romania shall be deemed to have received notification of those directives and decisions as soon as Membership.


Article 53


1. Bulgaria and Romania shall bring into force the measures necessary for them to comply, from the date of accession, with the provisions of the Directives and decisions within the meaning of Article 249 of the EC Treaty and Article 161 of the Treaty EAEC, unless another time limit is provided for in this Act. They shall communicate these measures to the Commission no later than the date of accession or, where appropriate, within the period laid down in this
. To the extent that the amendments to the Directives within the meaning of Article 249 of the EC Treaty and of Article 161 of the EAEC Treaty brought by this Act require the amendment of the laws, regulations or administrative provisions of the Member States Member States shall bring into force the measures necessary to comply, from the date of accession, with the amended Directives, unless another time limit is provided for in this Act. They shall communicate these measures to the Commission no later than the date of accession or, where appropriate, within the time limit laid down in this Act.


Article 54


The laws, regulations and regulations To ensure, in the territory of Bulgaria and Romania, the health protection of populations and workers against the dangers arising from ionising radiation is, in accordance with Article 33 of the EAEC Treaty, Communicated by these States to the Commission within three months of accession.


Article 55


On duly substantiated request by Bulgaria or Romania to the Commission, Later on the date of accession, the Council, acting on a proposal from the Commission, or the Commission if it has adopted the original act itself, may take measures with temporary derogations from the acts of the institutions arrested between On 1 October 2004 and the date of accession. These measures shall be adopted in accordance with the voting rules applicable to the adoption of the act for which a temporary derogation is requested. Where such derogations are adopted after accession, they may be applied as from the date of accession.


Article 56


Where acts of the institutions adopted before accession are required Be adapted as a result of accession and the necessary adaptations have not been provided for in this Act or its annexes, the Council, acting by a qualified majority on a proposal from the Commission, or the Commission, if it has itself adopted The original act shall adopt the necessary acts for that purpose. Where such adaptations are adopted after accession, they may be applied from the date of accession.


Article 57


Unless otherwise provided, the Council, acting by a majority Qualified on a proposal from the Commission, shall adopt the measures necessary for the implementation of the provisions of this Act.


Article 58


The texts of the acts of the institutions, and of the Bank European Central Bank adopted before accession and which have been established by the Council, the Commission or the European Central Bank in the Bulgarian and Romanian languages shall be authentic, upon accession, under the same conditions as the texts established in the languages Current official. They shall be published in the Official Journal of the European Union where the texts in the current languages have been the subject of such publication.


TITLE III
FINAL PROVISIONS
Article 59


Annexes I to IX and their Appendices form an integral part of this Act.


Article 60


The Government of the Italian Republic gives the governments of Bulgaria and Romania a Certified copy of the Treaty on European Union, of the Treaty establishing the European Community and of the Treaty establishing the European Atomic Energy Community and of the Treaties amending or supplementing them, including the Treaty On the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland, the Treaty on the Accession of the Hellenic Republic, the Treaty on the Accession of the Kingdom of Spain and the Republic of Portugal, the Treaty on the Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, and the Treaty on the Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the English, Danish, German and Spanish languages, Estonian, French, Finnish, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Slovak, Slovenian, Swedish and Czech.
The texts of these treaties, established in the Bulgarian languages and Romanian, are annexed to this Act. These texts shall be authentic under the same conditions as the texts of the Treaties referred to in the first paragraph, established in the current languages.


Article 61


A certified copy of international agreements Deposited in the archives of the General Secretariat of the Council of the European Union is handed over to the governments of the Republic of Bulgaria and Romania by the Secretary-General.


A N N E X E I


LIST OF CONVENTIONS AND PROTOCOLS AUXQUELS BULGARIA AND ROMANIA ADHERENT TO THE MOMENT OF ACCESSION


(referred to in Article 3 (3) of the Act of Accession)


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):
-Convention of 10 April 1984 concerning the accession of the Hellenic Republic to the Convention on the law applicable to contractual obligations opened for signature in Rome on 19 June 1980 (OJ L 146, 31.5.1984, p. 1);
-First Protocol of 19 December 1988 concerning the interpretation by the Court of Justice of the European Communities of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980 (OJ 1980 L 48 20.2.1989, p. 1);
-Second Protocol of 19 December 1988 conferring on the Court of Justice of the European Communities certain powers relating to the interpretation of the Convention on the law applicable to contractual obligations, open to signature In Rome on 19 June 1980 (OJ L 48, 20.2.1989, p. 17);
-Convention of 18 May 1992 on the accession of the Kingdom of Spain and the Portuguese Republic to the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980 (OJ L 333, 18.11.1992, P. 1);
-Convention of 29 November 1996 on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, as well as the first and second protocols concerning its interpretation by the Court of Justice (OJ C 15, 15.1.1997, p. 10).
2. Convention of 23 July 1990 on the elimination of double taxation in the event of the correction of the profits of associated undertakings (OJ L 225, 20.8.1990, p. 10):
-Convention of 21 December 1995 on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the Convention on the elimination of double taxation in the event of the correction of profits Associated undertakings (OJ C 26, 31.1.1996, p. 1);
-Protocol of 25 May 1999 amending the Convention of 23 July 1990 on the elimination of double taxation in the event of the correction of the profits of associated undertakings (OJ C 202, 16.7.1999, p. 1).
3. Convention of 26 July 1995 established on the basis of Article K. 3 of the Treaty on European Union, relating to the protection of the financial interests of the European Communities (OJ C 316, 27.11.1995, p. 49):
-Protocol of 27 September 1996 established on the basis of Article K. 3 of the Treaty on European Union, to the Convention on the Protection of the Financial Interests of the European Communities (OJ C 313, 23.10.1996, p. 2);
-Protocol of 29 November 1996 established on the basis of Article K. 3 of the Treaty on European Union, concerning the interpretation, for a preliminary ruling, by the Court of Justice of the European Communities of the Convention on Protection The financial interests of the European Communities (OJ C 151, 20.5.1997, p. 2);
-Second Protocol of 19 June 1997 established on the basis of Article K. 3 of the Treaty on European Union, to the Convention on the Protection of the Financial Interests of the European Communities (OJ C 221, 19.7.1997, p. 12).
4. Convention of 26 July 1995 on the basis of Article K. 3 of the Treaty on European Union establishing a European Police Office (Europol Convention) (OJ C 316, 27.11.1995, p. 2):
-Protocol of 24 July 1996 established on the basis of Article K. 3 of the Treaty on European Union concerning the interpretation, for a preliminary ruling, by the Court of Justice of the European Communities of the Convention establishing a European Police Office (OJ C 299, 9.10.1996, p. 2);
-Protocol of 19 June 1997 establishing, on the basis of Article K. 3 of the Treaty on European Union and Article 41 (3) of the Europol Convention, the privileges and immunities of Europol, its members, its members Assistant Directors and Officers (OJ C 221, 19.7.1997, p. 2);
-Protocol of 30 November 2000 on the basis of Article 43 (1) of the Convention establishing a European Police Office (Europol Convention) and amending Article 2 and the Annex to that Convention (OJ C 358, 13.12.2000, p. 2);
-Protocol of 28 November 2002 amending the Convention establishing a European Police Office (Europol Convention) and the Protocol on the Privileges and Immunities of Europol, its members, its Deputy Directors and Its agents (OJ C 312, 16.12.2002, p. 2);
-Protocol of 27 November 2003 established on the basis of Article 43 (1) of the Convention establishing a European Police Office (Europol Convention), amending the Convention (OJ C 2, 6.1.2004, p. 3).
5. Convention of 26 July 1995 established on the basis of Article K. 3 of the Treaty on European Union, on the use of information technology in the field of customs (OJ C 316, 27.11.1995, p. 34):
-Protocol of 29 November 1996 on the basis of Article K. 3 of the Treaty on European Union, concerning the interpretation, for a preliminary ruling, by the Court of Justice of the European Communities of the Convention on the employment of Information technology in the field of customs (OJ C 151, 20.5.1997, p. 16);
-Protocol of 12 March 1999 established on the basis of Article K. 3 of the Treaty on European Union, relating to the scope of money laundering in the Convention on the use of information technology in the field of customs and The inclusion of the registration number of the means of transport in the Convention (OJ C 91, 31.3.1999, p. 2);
-Protocol of 8 May 2003 established in accordance with Article 34 of the Treaty on European Union, amending, with regard to the creation of a file for the identification of files of customs investigations, the Convention on the employment of Information technology in the field of customs (OJ C 139, 13.6.2003, p. 2).
6. Convention of 26 May 1997 on the basis of Article K. 3 (2) (c) of the Treaty on European Union relating to the fight against corruption involving officials of the European Communities or officials of the Member States Members of the European Union (OJ C 195, 25.6.1997, p. 2).
7. Convention of 18 December 1997 established 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).
8. Convention of 17 June 1998 established on the basis of Article K. 3 of the Treaty on European Union relating to decisions on disqualification of driving rights (OJ C 216, 10.7.1998, p. 2).
9. Convention of 29 May 2000 established by the Council in accordance with Article 34 of the Treaty on European Union, on mutual legal assistance in criminal matters between the Member States of the European Union (OJ C 197, 12.7.2000, p. 3):
-Protocol of 16 October 2001 to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, established by the Council in accordance with Article 34 of the Treaty on European Union (OJ C 326, 21 November 2001, p. 2).


A N N E X E I I


LIST OF THE PROVISIONS OF THE SCHENGEN ACQUIS INTEGRATED IN THE EUROPEAN UNION AND THE ACTS BASED ON CELUI-CI OR WHO HAVE BEEN CONTRACTING AND APPLICABLE IN THE NEW MEMBER STATES THE ACCESSION


(referred to in Article 4 (1) of the Act of Accession)


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 the common borders, signed at Schengen on 14 June 1985

1) OJ L 239, 22.9.2000, p. 13.


2. The following provisions of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders, signed on 19 June 1990, the final act of that Convention and the declarations which (1) as amended by some of the acts listed in paragraph 8 below:

(1) 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).


Article 1, to the extent that it relates to the provisions of this paragraph; Articles 3 to 7, except 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, insofar as they relate to the provisions of this paragraph; and Article 136; Joint Declarations 1 and 3 of the Final
. The following provisions of the Accession Agreements to the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of controls at the common borders, signed on 19 June 1990, their final acts and the Declarations, as amended by some of the acts listed in paragraph 8 below:
(a) the Accession Agreement of the Italian Republic signed on 27 November 1990:
-Article 4;
-Joint Declaration 1 of the Second part of the Final Act;
(b) the Agreement of Accession of the Kingdom of Spain signed on 25 June 1991;
-Article 4:
-Joint Declaration 1 of Part II of the Final Act; and
-Declaration 2 of Part Three of The Final Act;
(c) the Agreement of Accession of the Portuguese Republic signed on 25 June 1991:
-Articles 4, 5 and 6;
-Joint Declaration 1 of Part II of the Final Act;
(d) the Agreement of Accession of the Hellenic Republic Signed on 6 November 1992:
-Articles 3, 4 and 5;
-Joint statement 1 of the second part of the Final Act; and
-Declaration 2 of Part Three of the Final Act;
(e) the Agreement of Accession of the Republic of Austria Signed on 28 April 1995:
-Article 4;
-Joint Declaration 1 of Part II of the Final Act;
f) the Agreement on the Accession of the Kingdom of Denmark signed on 19 December 1996:
-Article 4, Article 5, paragraph 2, and Article 6;
-Joint Declarations 1 and 3 of Part II of the Final Act;
(g) the Agreement of Accession of the Republic of Finland signed on 19 December 1996:
-Articles 4 and 5;
-Joint Declarations 1 and 3 of the Second part of the final act;
-the declaration by the Government of the Republic of Finland of the third part of the Final Act, relating to the Aland Islands;
(h) the Accession Agreement of the Kingdom of Sweden signed on 19 December 1996:
Sections 4 and 5;
-Joint Declarations 1 and 3 of Part II of the Final Act.
4. The following agreements concluded by the Council in accordance with Article 6 of the Schengen Protocol:
-the Agreement of 18 May 1999 concluded by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway on the association of these two States for the implementation, application and development of the Schengen acquis, including its annexes, its final act, the declarations and exchanges of letters annexed thereto (1), approved by Council Decision 1999 /439/EC (2);
- The Agreement of 30 June 1999 concluded by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway on the establishment of rights and obligations between Ireland and the United Kingdom of Great Britain and Northern Ireland, of a The Republic of Iceland and the Kingdom of Norway, on the other hand, in the areas of the Schengen acquis which apply to those States (3), approved by Council Decision 2000 /29/EC (4);
-the Agreement signed on 25 October 2004 by the Council of the European Union and the Swiss Confederation on the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis (5).

(1) OJ L 176, 10.7.1999, p. 36. (2) OJ L 176, 10.7.1999, p. 35. (3) OJ L 15, 20.1.2000, p. 2. (4) OJ L 15, 20.1.2000, p. 2. (5) As long as this agreement is not concluded, to the extent that it applies provisionally.


5. The provisions of the following decisions of the Executive Committee set up by the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at the common borders, signed on 19 June 1990, as they Have been amended by some of the acts listed in paragraph 8 below:
SCH/Com-ex (93) 10 Decision of the Executive Committee of 14 December 1993 concerning statements by ministers and secretaries of state.
SCH/Com-ex (93) Executive Committee of 14 December 1993 concerning the improvement in the practice of judicial cooperation in combating drug trafficking.
SCH/Com-ex (94) 16 rev. Decision of the Executive Committee of 21 November 1994 on acquisition of common entry and exit stamps.
SCH/Com-ex (94) 28 rev. Decision of the Executive Committee of 22 December 1994 concerning the certificate provided for in Article 75 for the transport of narcotic drugs and psychotropic
. 2 Decision of the Executive Committee of 22 December 1994 on the implementation of the Convention implementing the Schengen Agreement of 19 June 1990.
SCH/Com-ex (95) 21 Decision of the Executive Committee of 20 December 1995 concerning a rapid exchange Between the Schengen states statistical and concrete data on possible dysfunctions at external borders.
SCH/Com-ex (98) 1 rev. 2 Decision of the Executive Committee of 21 April 1998 concerning the activity report of the task force, to the extent that it relates to the provisions of paragraph 2 above.
SCH/ Com-ex (98) 26 Dec. Decision of the Executive Committee of 16 September 1998 on the establishment of a Standing Committee on the Evaluation and Application of Schengen
2 Decision of the Executive Committee of 16 September 1998 concerning the transmission of the Common Handbook to candidates for accession to the EU
2 Decision of the Executive Committee of 27 October 1998 concerning the adoption of measures to combat illegal immigration, to the extent that it relates to the provisions of paragraph 2 above
3 Decision of the Executive Committee of 16 December 1998 concerning cross-border police cooperation in the prevention and search of punishable offences.
SCH/Com-ex (98) 52 Decision of the Executive Committee of 16 December 1998 concerning the Cross-border police cooperation, to the extent that it relates to the provisions of paragraph 2 above.
SCH/Com-ex (98) 57 Decision of the Executive Committee of 16 December 1998 concerning the introduction of a harmonised form For statements of invitation, declarations/commitments for care or hospitality.
SCH/Com-ex (98) 59 rev. Decision of the Executive Committee of 16 December 1998 on a coordinated intervention of document advisors.
SCH/Com-ex (99) 1 Rev. 2 Decision of the Executive Committee of 28 April 1999 on the Schengen standards on drugs.
SCH/Com-ex (99) 6 Decision of the Executive Committee of 28 April 1999 on the Schengen acquis in the field of telecommunications
(99) 7 rev. 2 Decision of the Executive Committee of 28 April 1999 concerning liaison officers.
SCH/Com-ex (99) 8 rev. 2 Decision of the Executive Committee of 28 April 1999 on general principles of compensation for informers and indicators.
SCH/Com-ex (99) 10 Decision of the Executive Committee of 28 April 1999 on illicit arms
. (99) 13 Executive Committee Decision of 28 April 1999 concerning the final versions of the Common Manual and the Common Consular Instructions:
-annexes 1, 2, 3, 7, 8 and 15 of the Common Consular Instructions;
-the Common Manual, in The extent to which it relates to the provisions of paragraph 2 above, including Annexes 1, 5, 5A, 6, 10 and 13.
SCH/Com-ex (99) 18 Decision of the Executive Committee of 28 April 1999 concerning the improvement of police cooperation in relation to Prevention and search for punishable facts.
6. The following declarations of the Executive Committee set up by the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, signed on 19 June 1990, to the extent that they Refer to the provisions of paragraph 2 above:
SCH/Com-ex (96) decl. 6 rev. 2 Statement by the Executive Committee of 26 June 1996 on extradition.
SCH/Com-ex (97) decl. 13 rev. 2 Statement of the Executive Committee of 9 February 1998 concerning the abduction of
. The following decisions of the core group set up by the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, signed on 19 June 1990, to the extent that they Refer to the provisions of paragraph 2 above:
SCH/C (98) 117 Decision of the Central Group of 27 October 1998 on measures to combat illegal immigration.
SCH/C (99) 25 Decision of the Central Group of the March 22, 1999, regarding general principles of compensation for informants and indicators.
8. The following acts which are based on or related to the Schengen acquis:
Council Regulation (EC) No 1683/95 of 29 May 1995 establishing a model type of visa (OJ L 164, 14.7.1995, p. 1).
Council Decision 1999 /307/EC of 1 May 1999 laying down detailed rules 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 on the definition of the Schengen acquis in order to determine, in accordance with the relevant provisions of the Treaty establishing the European Community and of the Treaty on European Union, the Legal basis for each of the provisions or decisions which constitute the acquis (OJ L 176, 10.7.1999, p. 1).
Council Decision 1999 /436/EC of 20 May 1999 determining, in accordance with the relevant provisions of the Treaty establishing the European Community and of the Treaty on European Union, the legal basis for each of the provisions or decisions Constituting 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 implementation of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway on the association of these States with the The implementation 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 implementation of the Schengen acquis in Greece (OJ L 327, 21.12.1999, p. 58).
Council Decision 2000 /365/EC of 29 May 2000 on the request by the United Kingdom of Great Britain and Northern Ireland to participate in certain 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 the amendment of Article 40 (4) and (5) of Article 41 (7) and Article 65 (2) of the Convention on the implementation of the agreement Schengen of 14 June 1985 on the gradual abolition of controls at the common external borders (OJ L 248, 3.10.2000, p. 1).
Council Decision 2000 /751/EC of 30 November 2000 on the declassification of certain parts of the Common Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985 (OJ 1985 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, as well as in Iceland and Norway (OJ L 309, 9.10.2000, p. 24).
Council Regulation (EC) No 539/2001 of 15 March 2001 on the list of third countries whose nationals are subject to the visa requirement to cross the external borders of the Member States and the list of those whose Nationals are exempt from this obligation (OJ L 81, 21.3.2001, p. 1).
Council Regulation (EC) No 789/2001 of 24 April 2001 reserving to the Council implementing powers with regard to certain detailed provisions and practical arrangements for the examination of visa applications (OJ L 116, 26.4.2001, p. 2).
Council Regulation (EC) No 790/2001 of 24 April 2001 reserving to the Council implementing powers in respect of certain detailed provisions and practical arrangements for the implementation of monitoring and supervision of the Borders (OJ L 116, 26.4.2001, p. 5).
Council Decision 2001 /329/EC of 24 April 2001 on the updating of Part VI and Annexes 3, 6 and 13 of the Common Consular Instructions and of Annexes 5 a, 6 a and 8 of the Common Manual (OJ L 116, 26.4.2001, p. 32), to the extent that it relates to the common consular instructions and to Annex 5 to the Common Manual.
Council Directive 2001 /51/EC of 28 June 2001 to supplement the provisions of Article 26 of the Convention 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 laying down the list of third countries whose nationals are subject to the visa requirement to cross the external borders of the Member States And the list of those whose nationals are exempt from this obligation (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 establishing a uniform format for the affixing of a visa issued by the Member States to holders of a travel document not recognised by the Member State which establishes the Leaflet (OJ L 53, 23.2.2002, p. 4).
Council Regulation (EC) No 334/2002 of 18 February 2002 amending Regulation (EC) No 1683/95 establishing a uniform format for visas (OJ L 53, 23.2.2002, p. 7).
Council Decision 2002/192/EC of 28 February 2002 on the application by Ireland to participate in certain 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 declassification of the second part of the Common Manual adopted by the Executive Committee set up by the Convention implementing the Schengen Agreement of 14 June 1985 (OJ 1985 L 123, 9.5.2002, p. 49).
Council Regulation (EC) No 1030/2002 of 13 June 2002 establishing 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 aimed at strengthening the criminal framework for the suppression of illegal entry, transit and residence aid (OJ L 328, 5.12.2002, p. 1).
Council Directive 2002/90/EC of 28 November 2002 defining aid for 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 seconded by the law-enforcement authorities 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 on the list of third countries whose nationals are subject to the visa requirement to cross the external borders and the list of those countries Whose nationals are exempt from this obligation (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 controls on Common borders (OJ L 260, 11.10.2003, p. 37).
Council Directive 2003 /110/EC of 25 November 2003 on aid for transit in the context of removal measures by air (OJ L 321, 6.12.2003, p. 26).
Council Regulation (EC) No 377/2004 of 19 February 2004 on the establishment of a network of liaison officers Immigration " (OJ L 64, 2.3.2004, p. 1).
Council Decision 2004 /466/EC of 29 April 2004 amending the Common Manual to add a provision concerning 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 for 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 common flights for the removal from the territory of two or more Member States of third-country nationals who are subject to removal orders on the Territory of two or more Member States (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 obligation for the competent authorities of the Member States to make systematic composting of travel documents for third-country nationals at the time of the Crossing the external borders of the Member States and amending for this purpose the provisions of the Convention implementing the Schengen Agreement and the Common Manual (OJ L 369, 16.12.2004, p. 5).
Council Regulation (EC) No 2252/2004 of 13 December 2004 laying down standards for security features and biometrics in passports and travel documents issued by the Member States (OJ 2004 L 385, 29.12.2004, p. 1).


A N N E X E I I I
LIST REFERRED TO IN ARTICLE 19 OF THE ADHERENCE ACT:
ADAPTATION OF 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:
-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 relating to 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 Lithuania, the Republic of Estonia, the Republic of Estonia, the Republic of Estonia, the Republic of Lithuania, the Republic of Lithuania, the Republic of 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);
-32003 R 1653: Council Regulation (EC) No 1653/2003 of 18.6.2003 (OJ L 245, 29.9.2003, p. 36);
-32003 R 1992: Council Regulation (EC) No 1992/2003 of 27.10.2003 (OJ L 296, 14.11.2003, p. 1);
-32004 R 0422: Council Regulation (EC) No 422/2004 of 19.2.2004 (OJ L 70, 9.3.2004, p. 1).
In Article 159a, paragraph 1 is replaced by the following:
" 1. 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 " the new State Member States, ' new Member States), a Community trade mark registered or deposited in accordance with this Regulation before the respective dates of accession shall be extended to the territory of those Member States in order to have the same effect throughout the Community. "


II. -Supplementary Protection Certificates


1. 31992 R 1768: Council Regulation (EEC) No 1768/92 of 18 June 1992 on the creation of a supplementary protection certificate for medicinal products (OJ L 182, 2.7.1992, p. 1), as amended by:
-11994 N: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21);
-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 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).
a) In Article 19a, the following points are added:
" (k) Any medicinal product which is protected by a basic patent in force for which, as a medicinal product, a first marketing authorisation has been obtained after 1 January 2000 may give rise to the issue of a certificate in Bulgaria, provided that the application for a certificate has been filed within six months of the date of accession;
(l) Any medicinal product which is protected by a basic patent in force and For which, as a medicinal product, a first marketing authorisation was obtained after 1 January 2000 may give rise to the issue of a certificate in Romania. In cases where the time limit laid down in Article 7 (1) has expired, the possibility of submitting an application for a certificate shall be open for a period of six months beginning at the latest on the date of accession. "
(b) Article 20 (2) is replaced by the following:
" 2. This Regulation shall apply to supplementary protection certificates issued in accordance with the national legislation of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Poland, Romania, Slovenia and Slovakia before their respective accession dates. "
2. 31996 R 1610: Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 on the creation of a supplementary protection certificate for plant protection products (OJ L 198, 8.8.1996, p. 30), as amended by:
-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).
a) In Article 19a, the following points are added:
" (k) Any plant protection product which is protected by a basic patent in force for which, as a plant protection product, a first authorization to Market has been obtained after 1 January 2000 may give rise to a certificate in Bulgaria, provided that the application for a certificate has been filed within six months of the date of accession;
(l) Any plant protection product which Is protected by a basic patent in force and for which, as a plant protection product, a first marketing authorisation has been obtained after 1 January 2000 may give rise to the issue of a certificate in Romania. In cases where the time limit laid down in Article 7 (1) has expired, the possibility of submitting an application for a certificate shall be open for a period of six months beginning at the latest on the date of accession. "
(b) Article 20 (2) is replaced by the following:
" 2. This Regulation shall apply to supplementary protection certificates issued in accordance with the national legislation of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Poland, Romania, Slovenia and Slovakia before their respective accession dates. "


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:
-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).
In Article 110a, paragraph 1 is replaced by the following:
" 1. 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 " the new State Member, "new Member States"), a Community design registered or deposited in accordance with this Regulation before the respective dates of accession shall be extended to the territory of those Member States in order to have the same effect in all 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:
-31992 R 3280: Council Regulation (EEC) No 3280/92 of 9.11.1992 (OJ L 327, 13.11.1992, p. 3);
-31994 R 3378: Regulation (EC) No 3378/94 of the European Parliament and of the Council of 22.12.1994 (OJ L 366, 31.12.1994, p. 1);
-11994 N: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21);
-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 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);
-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).
(a) In Article 1 (4) (i), the following point is added:
' (5) The name 'fruit spirits may be replaced by the name' palinca solely for the spirit drink produced in Romania. "
(b) In Annex II, the following geographical names are added:
-in point 4:" Vinars Târnave "," Vinars Vaslui "," Vinars Murfatlar "," Vinars Vrancea "," Vinars Segarcea " ;



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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 aromatised wines, aromatised wine-based drinks and flavoured cocktails Wine-growing products (OJ L 149, 14.6.1991, p. 1), as amended by:
-31992 R 3279: Council Regulation (EEC) No 3279/92 of 9.11.1992 (OJ L 327, 13.11.1992, p. 1);
-11994 N: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21);
-31994 R 3378: Regulation (EC) No 3378/94 of the European Parliament and of the Council of 22.12.1994 (OJ L 366, 31.12.1994, p. 1);
-31996 R 2061: Regulation (EC) No 2061/96 of the European Parliament and of the Council of 08.10.1996 (OJ L 277, 30.10.1996, p. 1);
-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).
In Article 2 (3), the following subparagraph is inserted after point (h):
" (i) Pelin: a wine-based flavoured drink produced from white or red wine, concentrated grape must, grape juice (or beet sugar) and Of a specific dyeing of herbs, the alcoholic strength of which is 8.5 % by volume at least, the sugar content expressed in invert sugar of 45 to 50 grams per litre and the total acidity expressed in tartaric acid of at least 3 grams per litre Litre ",
, and item (i) becomes point (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:
-11994 N: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21);
-31994 R 3290: Council Regulation (EC) No 3290/94 of 22.12.1994 (OJ L 349, 31.12.1994, p. 105);
-31995 R 0711: Council Regulation (EC) No 711/95 of 27.3.1995 (OJ L 73, 1.4.1995, p. 13);
-31996 R 0415: Council Regulation (EC) No 415/96 of 4.3.1996 (OJ L 59, 8.3.1996, p. 3);
-31996 R 2444: Council Regulation (EC) No 2444/96 of 17.12.1996 (OJ L 333, 21.12.1996, p. 4);
-31997 R 2595: Council Regulation (EC) No 2595/97 of 18.12.1997 (OJ L 351, 23.12.1997, p. 11);
-31998 R 1636: Council Regulation (EC) No 1636/98 of 20.7.1998 (OJ L 210, 28.7.1998, p. 23);
-31999 R 0660: Council Regulation (EC) No 660/1999 of 22.3.1999 (OJ L 83, 27.3.1999, p. 10);
-32000 R 1336: Council Regulation (EC) No 1336/2000 of 19.6.2000 (OJ L 154, 27.6.2000, p. 2);
-32002 R 0546: Council Regulation (EC) No 546/2002 of 25.3.2002 (OJ L 84, 28.3.2002, p. 4);
-32003 R 0806: Council Regulation (EC) No 806/2003 of 14.4.2003 (OJ L 122, 16.5.2003, p. 1);
-32003 R 2319: Council Regulation (EC) No 2319/2003 of 17.12.2003 (OJ L 345, 31.12.2003, 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 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).
(a) Annex, point V ' Sun-cured ", the following text is added:
" Molovata
Ghimpati
Baragan. "
(b) Annex, point VI" Basmas ", the following text is added:
" Djebel
Nevrokop
Dupnitsa
Melnik
Ustina
Harmanli
Krumovgrad
Iztochen Balkan
Topolovgrad
Svilengrad
Srednogorska yaka. "
(c) Annex, point VIII" Kaba Koulak (classic) ", the following text is added:
" Severna Bulgaria
Tekne. "
4. 31996 R 2201: Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the market in processed fruit and vegetable products (OJ L 297, 21.11.1996, p. 29), as amended by:
-31997 R 2199: Council Regulation (EC) No 2199/97 of 30.10.1997 (OJ L 303, 6.11.1997, p. 1);
-31999 R 2701: Council Regulation (EC) No 2701/1999 of 14.12.1999 (OJ L 327, 21.12.1999, p. 5);
-32000 R 2699: Council Regulation (EC) No 2699/2000 of 4.12.2000 (OJ L 311, 12.12.2000, p. 9);
-32001 R 1239: Council Regulation (EC) No 1239/2001 of 19.6.2001 (OJ L 171, 26.6.2001, p. 1);
-32002 R 0453: Commission Regulation (EC) No 453/2002 of 13.3.2002 (OJ L 72, 14.3.2002, p. 9);
-12003 T: Act relating to 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 Lithuania, the Republic of Estonia, the Republic of Estonia, the Republic of Estonia, the Republic of Lithuania, the Republic of Lithuania, the Republic of 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 R 0885: Commission Regulation (EC) No 386/2004 of 1.3.2004 (OJ L 64, 2.3.2004, p. 25).
Annex III is replaced by the following text:


" A N N E X E I I
SEUILS DE TRANSFORMATION REFERRED TO SECTION 5
MATERIALS


(In Tonnes)



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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 scheme of premiums, production quotas and specific aid to be granted to Producer groups in the raw tobacco sector (OJ L 358, 31.12.1998, p. 17), as amended by:
-31999 R 0510: Commission Regulation (EC) No 510/1999 of 8.3.1999 (OJ L 60, 9.3.1999, p. 54);
-31999 R 0731: Commission Regulation (EC) No 731/1999 of 7.4.1999 (OJ L 93, 8.4.1999, p. 20);
-31999 R 1373: Commission Regulation (EC) No 1373/1999 of 25.6.1999 (OJ L 162, 26.6.1999, p. 47);
-31999 R 2162: Commission Regulation (EC) No 2162/1999 of 12.10.1999 (OJ L 265, 13.10.1999, p. 13);
-31999 R 2637: Commission Regulation (EC) No 2637/1999 of 14.12.1999 (OJ L 323, 15.12.1999, p. 8);
-32000 R 0531: Commission Regulation (EC) No 531/2000 of 10.3.2000 (OJ L 64, 11.3.2000, p. 13);
-32000 R 0909: Commission Regulation (EC) No 909/2000 of 2.5.2000 (OJ L 105, 3.5.2000, p. 18);
-32000 R 1249: Commission Regulation (EC) No 1249/2000 of 15.6.2000 (OJ L 142, 16.6.2000, p. 3);
-32001 R 0385: Commission Regulation (EC) No 385/2001 of 26.2.2001 (OJ L 57, 27.2.2001, p. 18);
-32001 R 1441: Commission Regulation (EC) No 1441/2001 of 16.7.2001 (OJ L 193, 17.7.2001, p. 5);
-32002 R 0486: Commission Regulation (EC) No 486/2002 of 18.3.2002 (OJ L 76, 19.3.2002, p. 9);
-32002 R 1005: Commission Regulation (EC) No 1005/2002 of 12.6.2002 (OJ L 153, 13.6.2002, p. 3);
-32002 R 1501: Commission Regulation (EC) No 1501/2002 of 22.8.2002 (OJ L 227, 23.8.2002, p. 16);
-32002 R 1983: Commission Regulation (EC) No 1983/2002 of 7.11.2002 (OJ L 306, 8.11.2002, p. 8);
-32004 R 1809: Commission Regulation (EC) No 1809/2004 of 18.10.2004 (OJ L 318, 19.10.2004, p. 18).
Annex I is replaced by the following:


" A N N E X E I


PERCENTAGES OF THE GUARANTEE SEUIL BY MEMBER STATE OR SPECIFIC REGION FOR THE RECOGNITION OF PRODUCERS ' GROUPINGS


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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:
-32000 R 1622: Commission Regulation (EC) No 1622/2000 of 24.7.2000 (OJ L 194, 31.7.2000, p. 1);
-32000 R 2826: Council Regulation (EC) No 2826/2000 of 19.12.2000 (OJ L 328, 23.12.2000, p. 2);
-32001 R 2585: Council Regulation (EC) No 2585/2001 of 19.12.2001 (OJ L 345, 29.12.2001, p. 10);
-32003 R 0806: Council Regulation (EC) No 806/2003 of 14.4.2003 (OJ L 122, 16.5.2003, p. 1);
-12003 T: Act relating to 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 Lithuania, the Republic of Estonia, the Republic of Estonia, the Republic of Estonia, the Republic of Lithuania, the Republic of Lithuania, the Republic of 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);
-32003 R 1795: Commission Regulation (EC) No 1795/2003 of 13.10.2003 (OJ L 262, 14.10.2003, p. 13).
a) Section 6 is completed by the following paragraph:
" 5. In the case of Bulgaria and Romania, newly created planting rights are allocated for the production of vqprd at 1.5 % of the total vineyard area, which represents 2,302.5 hectares for Bulgaria and 2 830.5 Hectares for Romania from the date of accession. These rights shall be allocated to a national reserve subject to the application of Article 5. "
(b) In Annex III (wine-growing areas), point 2 shall be supplemented by the following:
" G) in Romania, in the region of Podisul Transilvaniei. "
(c) In Annex III (wine-growing areas), the last sentence of point 3 is replaced by the following:
" (d) in Slovakia, the Tokay region.
e) in Romania, the areas planted with vines not mentioned in points 2 (g) or 5 (f). "
d) In Annex III (wine-growing areas), point 5 is completed by the following text:



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(e) In Annex III (wine-growing areas), point 6 is completed by the following text:
" In Bulgaria, the wine-growing area C III (a) includes areas under vines which are not included in point 5 (e). "
(f) In Annex V, point 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:
-32002 R 0651: Commission Regulation (EC) No 651/2002 of 16.4.2002 (OJ L 101, 17.4.2002, p. 3);
-12003 T: Act relating to 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 Lithuania, the Republic of Estonia, the Republic of Estonia, the Republic of Estonia, the Republic of Lithuania, the Republic of Lithuania, the Republic of 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);
-32003 R 1782: Council Regulation (EC) No 1782/2003 of 29.9.2003 (OJ L 270, 21.10.2003, p. 1);
-32004 R 0393: Council Regulation (EC) No 393/2004 of 24.2.2004 (OJ L 65, 3.3.2004, p. 4).
a) In Article 3, paragraph 1 is replaced by the following:
" 1. A maximum guaranteed quantity of 80 878 tonnes per marketing year shall be established for long flax fibres and distributed among all Member States in the form of national guaranteed quantities. The distribution of this quantity is as follows:
-13 800 tonnes for Belgium;
-13 tonnes for Bulgaria;
-1 923 tonnes for the Czech Republic;
-300 tonnes for Germany;
-30 tonnes for Estonia;
- 50 tonnes for Spain;
-55 800 tonnes for France;
-360 tonnes for Latvia;
-2,263 tonnes for Lithuania;
-4 800 tonnes for the Netherlands;
-150 tonnes for Austria;
-924 tonnes for Poland ;
-50 tonnes for Portugal;
-42 tonnes for Romania;
-73 tonnes for Slovakia;
-200 tonnes for Finland;
-50 tonnes for Sweden;
-50 tonnes for the United Kingdom. "
(b) In Article 3 (2), the introductory phrase and point (a) are replaced by the following:
" 2. A maximum guaranteed quantity of 147 265 tonnes per marketing year is established for short flax fibre and hemp fibre for which the aid may be granted. This quantity is distributed in the form of:
a) National guaranteed quantities for the following Member States:
-10,350 tonnes for Belgium;
-48 tonnes for Bulgaria;
-2 866 tonnes for the Czech Republic;
-12,800 Tonnes for Germany;
-42 tonnes for Estonia;
-20 000 tonnes for Spain;
-61 350 tonnes for France;
-1,313 tonnes for Latvia;
-3,463 tonnes for Lithuania;
-2,061 tonnes for Hungary ;
-5,550 tonnes for the Netherlands;
-2 500 tonnes for Austria;
-462 tonnes for Poland;
-1 750 tonnes for Portugal;
-921 tonnes for Romania;
-189 tonnes for Slovakia;
-2,250 tonnes for Finland;
-2 250 tonnes for Sweden;
-12 100 tonnes for the United Kingdom.
However, in the case of Hungary, the national guaranteed quantity concerns hemp fibre only. "
8. 32003 R 1782: Council Regulation (EC) No 1782/2003 of 29 September 2003 laying down common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for the Farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (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), Amended by:
-32004 R 0021: Council Regulation (EC) No 21/2004 of 17.12.2003 (OJ L 5, 9.1.2004, p. 8);
-32004 R 0583: Council Regulation (EC) No 583/2004 of 22.3.2004 (OJ L 91, 30.3.2004, p. 1);
-32004 D 0281: Council Decision 2004 /281/EC of 22.3.2004 (OJ L 93, 30.3.2004, p. 1);
-32004 R 0864: Council Regulation (EC) No 864/2004 of 29.4.2004 (OJ L 161, 30.4.2004, p. 48).
a) In Article 2, point (g) is replaced by the following:
" (g) " new member states: Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia. "
(b) In Article 5 (2), the following sentence is added at the end of the first subparagraph:
" However, Bulgaria and Romania shall ensure that the land for permanent pasture on 1 January 2007 remains. "
(c) In Article 54 (2), the following sentence is added at the end of the first paragraph:
" However, as far as Bulgaria and Romania are concerned, the date for applications for surface aid is 30 June 2005. "
d) In article 71 octies, the following text is added:
" 9. With regard to Bulgaria and Romania:
a) the three-year reference period referred to in paragraph 2 shall be extended from 2002 to 2004;
(b) the year referred to in paragraph 3 (a) shall be 2004;
(c) in the first subparagraph of paragraph 4, Substitute the years 2005 and/or 2006 when the years 2004 and/or 2005 are mentioned, and 2005 when the year 2004 is mentioned. "
e) In article 71 h, the following text is added:
" However, as regards Bulgaria and Romania, the date of 30 June 2005 supersede the date of 30 June 2003. "
(f) In Article 74, paragraph 1 is replaced by the following:
" 1. Assistance shall be granted for national base areas in the traditional production areas listed in Annex X.
The base area is as follows:
Bulgaria: 21 800 ha;
Greece: 617 000 ha;
Spain: 594 000 Ha;
France: 208 000 ha;
Italy: 1 646 000 ha;
Cyprus: 6 183 ha;
Hungary: 2 500 ha;
Austria: 7 000 ha;
Portugal: 118 000 ha. "
g) In Article 78, paragraph 1 is replaced by the following:
" 1. A maximum guaranteed area of 1 648 000 ha eligible for the aid is thus established. "
(h) In Article 80, paragraph 2 is replaced by the following:
" 2. The aid is set as follows, in proportion to the returns in the Member States concerned:


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i) Article 81 shall be replaced by the following:


" Article 81
Superficies


A national base area is hereby established for each producing Member State. However, for France, two base areas are established. The base areas are as follows:
Bulgaria: 4 166 ha;
Greece: 20 333 ha;
Spain: 104,973 ha;
France:
-metropolitan territory: 19 050 ha;
-French Guiana: 4 190 ha;
Italy: 219,588 ha ;
Hungary: 3 222 ha;
Portugal: 24 667 ha;
Romania: 500 ha.
A Member State may subdivide its base area or its base area into sub-base areas in accordance with objective criteria. "
j) Article 84 is replaced by the following:


" Article 84
Superficies


1. A Member State shall grant Community aid within a ceiling calculated by multiplying the number of hectares corresponding to its NSE, as set out in paragraph 3, by the average amount of EUR 120.75.
2. A maximum guaranteed area of 829 229 ha is thus established.
3. The maximum guaranteed area referred to in paragraph 2 shall be divided into the NSE as follows:


guaranteed national area
(SNG)


Belgium 100 ha
Bulgaria 11,984 ha
Germany 1500 ha
Greece 41 100 ha
Spain 568 200 ha
France 17 300 ha
Italy 130 100 ha
Cyprus 5 100 ha
Luxembourg 100 ha
Hungary 2 900 ha
Netherlands 100 ha
Austria 100 ha
Poland 4 200 ha
Portugal 41 300 ha
Romania 1 645 ha
Slovenia 300 ha
Slovakia 3 100 ha
United Kingdom 100 ha
4. A Member State may subdivide its NSE into sub-areas according to objective criteria, in particular on a regional scale or in relation to production. "
(k) In Article 95 (4), the following paragraphs are added:
" As regards Bulgaria and Romania, the total quantities referred to in the first subparagraph are set out in table (f) of Annex I to Regulation (EC) No 1788/2003 of the Council and shall be reviewed in accordance with the sixth subparagraph of Article 6 (1) of Council Regulation (EC) No 1788/2003.
With regard to Bulgaria and Romania, the 12-month period referred to in the first subparagraph shall be that which corresponds To the years 2006/2007. "
(l) In the second paragraph of Article 103, the following sentence is added:
" However, in the case of Bulgaria and Romania, the condition of application of this paragraph is that the single surface payment scheme shall be applied in 2007 and that it was chosen to apply section 66. "
m) In Article 105, paragraph 1 is replaced by the following:
" 1. A supplement to the payment on the surface of:
-291 EUR per hectare for the marketing year 2005/2006,
-285 EUR per hectare for the marketing year 2006/2007,
is paid for the area seeded to durum wheat in The traditional production areas listed in Annex X, with respect to the following ceilings:


(In hectares)


Bulgaria 21 800
Greece 617 000
Spain 594 000
France 208 000
Italy 1 646 000
Cyprus 6 183
Hungary 2 500
Austria 7 000
Portugal 118 000
n) In Article 108, second paragraph, the following sentence is added:
" However, as regards Bulgaria and the In Romania, claims for payment cannot be made for land which, as at 30 June 2005, was devoted to permanent pasture, permanent crops, forests or non-agricultural uses. "
(o) In Article 110c, paragraph 1 is replaced by the following:
" 1. A national base area is established for the following countries:
Bulgaria: 10 237 ha;
Greece: 370 000 ha;
Spain: 70 000 ha;
Portugal: 360 ha. "
p) In Article 110c, paragraph 2 is replaced by the following:
" 2. The amount of the aid per eligible hectare is as follows:
Bulgaria: 263 EUR;
Greece: 594 EUR for 300 000 hectares and EUR 342.85 for the remaining 70 000 hectares;
Spain: EUR 1 039;
Portugal: EUR 556. "
(q) In Article 116, paragraph 4 is replaced by the following:
" 4. The following ceilings apply:


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r) In Article 123, paragraph 8 is replaced by the following text :
" 8. The following regional ceilings apply:


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s) In Article 126, paragraph 5 is replaced by the text Following:
" 5. The following national ceilings apply:


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t) In Article 130 (3), the second subparagraph is Replaced by following text:
" For the new Member States, the national ceilings are those shown in the following table:


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u) In Article 143a, the following text is added:
" However, in the case of Bulgaria and Romania, direct payments shall be introduced in accordance with the following schedule, the figures Corresponding to the percentage of the applicable level of these payments in the Community in its composition as at 30 April 2004:
-25 % in 2007;
-30 % in 2008;
-35 % in 2009;
-40 % in 2010;
-50 % in 2011;
-60 % in 2012 ;
-70 % in 2013;
-80 % in 2014;
-90 % in 2015;
-100 % starting in 2016. "
(v) In Article 14b (4), the following subparagraph is added:
" However, as regards Bulgaria and Romania, the agricultural area for the purposes of the single area payment scheme is the part of the agricultural area Which has been maintained in good agricultural conditions, whether or not it is exploited, and, where appropriate, adapted in accordance with the objective criteria which will be defined by Bulgaria or Romania after approval by the Commission. "
(w) In Article 143b, paragraph 9 is replaced by the following:
" 9. For each new Member State, the single area payment scheme is proposed for a period of application up to the end of 2006 renewable twice for one year at the request of the new Member State. However, in the case of Bulgaria and Romania, the single area payment scheme is proposed for a period of application up to the end of 2009 renewable twice for one year at their request. Subject to the provisions of paragraph 11, any new Member State may decide to terminate the application of the scheme at the end of the first or second year of the application period, with a view to the application of the payment scheme Unique. The new Member States shall notify the Commission of their intention to terminate the application of the scheme by 1 August of the last year of application. "
(x) In Article 14b (11), the following subparagraph is added:
" With regard to Bulgaria and Romania, up to the end of the 5-year period of application of the single area payment scheme (i.e. 2011), the percentage Article 143a (2) shall apply. If the application of the single area payment scheme is extended beyond that date in accordance with a decision taken under point b, the percentage set out in Article 143a (2) for the year 2011 shall apply until the end The last year of application of the single area payment plan. "
y) In Article 143c, paragraph 2 is replaced by the following:
" 2. The new Member States have the right, subject to the Commission's authorisation, to supplement direct payments up to:
a) For all direct payments, 55 % of the level of direct payments in the Community in its composition as at 30 April 2004 in 2004, 60 % in 2005, 65 % in 2006 and, from 2007, up to 30 percentage points above the applicable level referred to in Article 143a, during the year concerned. With regard to Bulgaria and Romania, the following rates apply: 55 % of the level of direct payments in the Community in its composition as at 30 April 2004 in 2007, 60 % in 2008, 65 % in 2009 and, from 2010, up to 30 points Of the percentage above the applicable level referred to in Article 143a (2) during the year concerned. However, the Czech Republic may supplement direct payments in the potato starch sector up to 100 % of the level applicable in the Community in its composition as at 30 April 2004. However, as regards the direct payments referred to in Chapter 7 of Title IV of this Regulation, the following maximum rates apply: 85 % in 2004, 90 % in 2005, 95 % in 2006 and 100 % from 2007. As far as Bulgaria and Romania are concerned, the following maximum rates are applicable: 85 % in 2007, 90 % in 2008, 95 % in 2009 and 100 % from 2010;
or
b) i) with regard to direct payments other than those under the The single payment scheme, of the total amount of direct aid to which the operator would have been entitled, produced by product, in the new Member State concerned, in the 2003 calendar year under a national scheme similar to those of the CAP, Increased by 10 percentage points. However, in the case of Lithuania, the reference year is the calendar year 2002. For Bulgaria and Romania, the reference year is the calendar year 2006. As regards Slovenia, the increase is 10 percentage points in 2004, 15 percentage points in 2005, 20 percentage points in 2006 and 25 percentage points in 2007;
ii) with regard to the payment scheme Of the total amount of the supplementary direct national aid which may be granted by a new Member State in a given year, within the limits of a specific financial envelope. This financial envelope corresponds to the difference between:
-the total amount of national direct aid similar to that of the CAP which would be available in the new Member State concerned for the calendar year 2003 or, in the case of the Lithuania, for the calendar year 2002, increased each time by 10 percentage points. However, in the case of Bulgaria and Romania, the reference year is the calendar year 2006. As regards Slovenia, the increase is 10 percentage points in 2004, 15 percentage points in 2005, 20 percentage points in 2006 and 25 percentage points in 2007,
and
-the national ceiling for this new Member State as set out in Annex VIIIa, as amended, where appropriate, in accordance with Article 64 (2) and Article 70 (2
. For the purposes of calculating the total amount referred to in the first indent above, it should be included National direct payments and/or their constituent elements corresponding to Community direct payments and/or their constituent elements which have been taken into account in calculating the actual ceiling of the new Member State concerned in accordance with Article 64 (2), Article 70 (2) and Article 7c.
For each direct payment concerned, a new Member State may choose to apply either variant (a) and (b) above.
The total amount Direct aid which may be paid to the operator in the new Member States after accession under the applicable direct payment scheme, including any supplementary national direct payment, does not exceed the level of direct aid to Which this operator would be entitled under the corresponding direct payment scheme, as it would then apply to the Member States in the Community in its composition as at 30 April 2004. "
z) In Article 154 bis, paragraph 2 is replaced by the following:
" 2. The measures referred to in paragraph 1 may be taken for a period beginning on 1 May 2004 and expiring on 30 June 2009, with their application limited to that date. However, as regards Bulgaria and Romania, the said period starts on 1 January 2007 and expires on 31 December 2011. The Council, acting by a qualified majority on a proposal from the Commission, may extend these periods. "
aa) In Annex III, the following footnotes are added:
Under point A:
" (*) With regard to Bulgaria and Romania, the first year of application of the payment scheme should be replaced in 2005 Unique. "
Under point B:
" (*) With regard to Bulgaria and Romania, the second year of application of the single payment scheme should be replaced in 2006. "
And under point C:
" (*) With regard to Bulgaria and Romania, the third year of application of the single payment scheme should be substituted for 2007. "
ab) Annex VIIIa is replaced by the following:


" A N N E X E V I I I B I S
NATIONAL PLAFONDS REFERRED TO IN ARTICLE 71 QUATER


The ceilings have been calculated taking into account the Steps defined in the calendar provided for in Article 143a and are therefore not reduced.


(In million EUR)


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ac) In Appendix X, the following text is added:
"
Starozagorski
Haskovski
Slivenski
Yambolski
Burgaski
Dobrichki
Plovdivski. "
ad) Annex XI ter is replaced by the following:


" A N N E X E X I TER


NATIONAL GRANDS AND REFERENCE PERFORMANCE AREA STANDARDS IN NEW MEMBER STATES, SUBJECT TO ARTICLES 101 AND 103


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9. 32003 R 1788: Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing an additional levy in the milk and milk products sector (OJ L 270, 21.10.2003, p. 123), as amended by:
-32004 D 0281: Council Decision 2004 /281/EC of 22.3.2004 (OJ L 93, 30.3.2004, p. 1).
(a) In Article 1 (4), the following subparagraph is added:
" For Bulgaria and Romania, a special restructuring reserve shall be established as set out in Table (g) of Annex I. This reservation shall be released from 1 April 2009 as the own consumption of milk and milk products from farms in each of these countries has decreased since 2002. The decision on the release of the reserve and the distribution of the reserve between deliveries and quota " direct sales 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 describes in detail the results and trends of the restructuring process of the national dairy sector and, in particular, the transition from production to market-oriented production. "
(b) In Article 1, paragraph 5 is replaced by the following:
" 5. For Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia, the national reference quantities include all quantities of milk or Of milk equivalent delivered to a purchaser or sold directly, as defined in Article 5 of this Regulation, even if it is produced or marketed under a transitional measure applicable in those countries. "
(c) In Article 1, the following paragraph is added:
" 6. As regards Bulgaria and Romania, the levy is applicable as from 1 April 2007. "
(d) In Article 6 (1), the second and third subparagraphs shall be replaced by the following:
" For Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia, the basis for the calculation of the reference quantities referred to in Table (f) of Annex I.
In the case of Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Of Malta, Poland, Romania, Slovenia and Slovakia, the twelve-month period for establishing the individual reference quantities begins: on 1 April 2001 for Hungary, on 1 April 2002 for Malta and Lithuania, On 1 April 2003 for the Czech Republic, Cyprus, Estonia, Latvia and Slovakia on 1 April 2004 for Poland and Slovenia and 1 April 2006 for Bulgaria and Romania. "
(e) In Article 6 (1), the following subparagraph is added:
" For Bulgaria and Romania, the distribution of the total quantity between deliveries and direct sales, as shown in table (f) of Annex I, is reviewed On the basis of actual figures for deliveries and direct sales for 2006 and, if necessary, as amended by the Commission in accordance with the procedure laid down 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 The reference fat content referred to in paragraph 1 shall be the same as the reference 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) In Article 9 (5), the following subparagraph is added:
" For Romania, the reference fat content set out in Annex II is reviewed on the basis of the figures for the whole of 2004 and, if necessary, Amended by the Commission in accordance with the procedure laid down in Article 23 (2). "
h) Annex I, tables (d), (e), (f) and (g) are replaced by the following tables:
" D) Period 2007/2008:


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" E) Periods 2008/2009 to 2014/2015:


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" (f) Reference quantities for deliveries and Direct sales referred to in the second subparagraph of Article 6 (1):


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" (g) Quantities of special reserve For restructuring referred to in Article 1 (4):


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i) In Annex II, the table is replaced by the Following table:


" GRASSE REFERENCE RATES


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3. TRANSPORT POLICY


31996 L 0026: Council Directive 96 /26/EC of 29 April 1996 on access to the occupation of road haulage operator and carrier as well as recognition To promote the effective exercise of the freedom of establishment of such transporters in the field of national and international transport (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 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) In Article 10, the following paragraphs are added:
" 11. By way of derogation from paragraph 3, certificates issued to carriers by road before the date of accession in Bulgaria shall be treated as certificates issued under the provisions of this Directive only if they have been issued :
-to international carriers of goods and passengers by road since 19 November 2002, pursuant to Order No. 11 of 31 October 2002 on the international carriage of passengers and goods by road (Official Journal N ° 108 of 19 November 2002);
-the national carriers of goods and passengers by road since 19 November 2002 pursuant to Order No. 33 of 3 November 1999 on the public transport of passengers and goods on the Bulgaria, as amended on 30 October 2002 (Official Gazette No. 108 of 19 November 2002).
12. By way of derogation from paragraph 3, certificates issued to carriers by road before the date of accession in Romania shall be treated as certificates issued under the provisions of this Directive only if they have been issued Since 28 January 2000 to international and national transport operators of goods and passengers by road pursuant to the Decree of the Minister of Transport n ° 761 of 21 December 1999 on recruitment, training and Professional certification of persons permanently and effectively coordinating road transport activities. "
(b) In Article 10b, the last paragraph is replaced by the following:
" The certificates of professional competence referred to in Article 10 (4) to (12) may be re-issued by the Member States concerned in the form of Of the certificate presented 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 Of 13.6.1977, p. 1), as amended by:
-11979 H: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Hellenic Republic (OJ L 291, 19.11.1979, p. 95);
-31980 L 0368: Council Directive 80 /368/EEC of 26.3.1980 (OJ L 90, 3.4.1980, p. 41);
-31984 L 0386: Council Directive 84 /386/EEC of 31.7.1984 (OJ L 208, 3.8.1984, p. 58);
-11985 I: Act concerning the conditions of accession and the adjustments to the Treaties-Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302, 15.11.1985, p. 167);
-31989 L 0465: Council Directive 89 /465/EEC of 18.7.1989 (OJ L 226, 3.8.1989, p. 21);
-31991 L 0680: Council Directive 91 /680/EEC of 16.12.1991 (OJ L 376, 31.12.1991, p. 1);
-31992 L 0077: Council Directive 92/77/EEC of 19.10.1992 (OJ L 316, 31.10.1992, p. 1);
-31992 L 0111: Council Directive 92/111/EEC of 14.12.1992 (OJ L 384, 30.12.1992, p. 47);
-31994 L 0004: Council Directive 94 /4/EC of 14.2.1994 (OJ L 60, 3.3.1994, p. 14);
-31994 L 0005: Council Directive 94 /5/EC of 14.2.1994 (OJ L 60, 3.3.1994, p. 16);
-31994 L 0076: Council Directive 94 /76/EC of 22.12.1994 (OJ L 365, 31.12.1994, p. 53);
-31995 L 0007: Council Directive 95 /7/EC of 10.4.1995 (OJ L 102, 5.5.1995, p. 18);
-31996 L 0042: Council Directive 96 /42/EC of 25.6.1996 (OJ L 170, 9.7.1996, p. 34);
-31996 L 0095: Council Directive 96 /95/EC of 20.12.1996 (OJ L 338, 28.12.1996, p. 89);
-31998 L 0080: Council Directive 98 /80/EC of 12.10.1998 (OJ L 281, 17.10.1998, p. 31);
-31999 L 0049: Council Directive 1999 /49/EC of 25.5.1999 (OJ L 139, 2.6.1999, p. 27);
-31999 L 0059: Council Directive 1999 /59/EC of 17.6.1999 (OJ L 162, 26.6.1999, p. 63);
-31999 L 0085: Council Directive 1999 /85/EC of 22.10.1999 (OJ L 277, 28.10.1999, p. 34);
-32000 L 0017: Council Directive 2000 /17/EC of 30.3.2000 (OJ L 84, 5.4.2000, p. 24);
-32000 L 0065: Council Directive 2000 /65/EC of 17.10.2000 (OJ L 269, 21.10.2000, p. 44);
-32001 L 0004: Council Directive 2001 /4/EC of 19.1.2001 (OJ L 22, 24.1.2001, p. 17);
-32001 L 0115: Council Directive 2001 /115/EC of 20.12. 2001 (OJ L 15, 17.1.2002, p. 24);
-32002 L 0038: Council Directive 2002/38/EC of 7.5.2002 (OJ L 128, 15.5.2002, p. 41);
-32002 L 0093: Council Directive 2002/93/EC of 3.12.2002 (OJ L 331, 7.12.2002, p. 27);
-12003 T: Act relating to 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 Lithuania, the Republic of Estonia, the Republic of Estonia, the Republic of Estonia, the Republic of Lithuania, the Republic of Lithuania, the Republic of 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);
-32003 L 0092: Council Directive 2003 /92/EC of 7.10.2003 (OJ L 260, 11.10.2003, p. 8);
-32004 L 0007: Council Directive 2004 /7/EC of 20.1.2004 (OJ L 27, 30.1.2004, p. 44);
-32004 L 0015: Council Directive 2004 /15/EC of 10.2.2004 (OJ L 52, 21.2.2004, p. 61);
-32004 L 0066: Council Directive 2004 /66/EC of 26.4.2004 (OJ L 168, 1.5.2004, p. 35).
In Article 24a, the following indent is added before the indent: ' -in the Czech Republic: EUR 35 000 ' :
" -in Bulgaria: EUR 25 600; '
and the following indent shall be inserted after the words: ' -in Poland: EUR 10 000 ' :
" -in Romania: 35 000 EUR; ".
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), modified by:
" -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).
a) In Article 22, paragraph 6 is replaced by the following:
" 6. Bulgaria and the Czech Republic may apply a reduced rate of excise duty of at least 50 % of the normal national rate of excise duty on ethyl alcohol, on ethyl alcohol produced by fruit growers' distilleries each year 10 hectolitres of ethyl alcohol from fruit supplied to them by fruit growers' households. The application of the reduced rate shall be limited to 30 litres of fruit alcohol per year and per household of fruit growers, intended exclusively for their personal consumption. "
(b) In Article 22, paragraph 7 is replaced by the following:
" 7. Hungary, Romania and Slovakia may apply a reduced rate of excise duty of at least 50 % of the normal national rate of excise duty on ethyl alcohol, on ethyl alcohol produced by fruit growers' distilleries each year More than 10 hectolitres of ethyl alcohol from fruit supplied to them by fruit growers' households. The application of the reduced rate shall be limited to 50 litres of fruit alcohol per year and per household of fruit growers, intended exclusively for their personal consumption. The Commission will review this regime in 2015 and submit a report to the Council on possible changes. "


A N N E X E I V


LIST REFERRED TO IN ARTICLE 20 OF THE ADHERENCE ACT: COMPLEMENTARY ADAPTATIONS OF THE ACTS ADOPTED BY THE INSTITUTIONS


AGRICULTURE
A. -Agricultural legislation


1. Treaty establishing the European Community, Part Three, Title II. -Agriculture.
The Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, adapts the rules governing the common organisation of the markets in the sugar sector in order to hold Account for the accession of Bulgaria and Romania, thus adapting the quotas for sugar and isoglucose as well as the maximum requirements for the supply of imported raw sugar, as indicated in the table below, which may be adapted In the same way as quotas for current Member States, in order to ensure compliance with the principles and objectives of the common organisation of the markets in the sugar sector then in force.
Agreed quantities:


(Weight in tonnes)


You can view the table in OJ
No 22 of 26/01/2007 text number 6



If Bulgaria requested it in 2006, the base quantities for A and B sugar Respectively will be transferred to the base quantities A and B of Bulgaria for isoglucose.
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 scheme of premiums, production quotas and specific aid to be granted to Producer groups in the raw tobacco sector (OJ L 358, 31.12.1998, p. 17), as amended by:
-31999 R 0510: Commission Regulation (EC) No 510/1999 of 8.3.1999 (OJ L 60, 9.3.1999, p. 54);
-31999 R 0731: Commission Regulation (EC) No 731/1999 of 7.4.1999 (OJ L 93, 8.4.1999, p. 20);
-31999 R 1373: Commission Regulation (EC) No 1373/1999 of 25.6.1999 (OJ L 162, 26.6.1999, p. 47);
-31999 R 2162: Commission Regulation (EC) No 2162/1999 of 12.10.1999 (OJ L 265, 13.10.1999, p. 13);
-31999 R 2637: Commission Regulation (EC) No 2637/1999 of 14.12.1999 (OJ L 323, 15.12.1999, p. 8);
-32000 R 0531: Commission Regulation (EC) No 531/2000 of 10.3.2000 (OJ L 64, 11.3.2000, p. 13);
-32000 R 0909: Commission Regulation (EC) No 909/2000 of 2.5.2000 (OJ L 105, 3.5.2000, p. 18);
-32000 R 1249: Commission Regulation (EC) No 1249/2000 of 15.6.2000 (OJ L 142, 16.6.2000, p. 3);
-32001 R 0385: Commission Regulation (EC) No 385/2001 of 26.2.2001 (OJ L 57, 27.2.2001, p. 18);
-32001 R 1441: Commission Regulation (EC) No 1441/2001 of 16.7.2001 (OJ L 193, 17.7.2001, p. 5);
-32002 R 0486: Commission Regulation (EC) No 486/2002 of 18.3.2002 (OJ L 76, 19.3.2002, p. 9);
-32002 R 1005: Commission Regulation (EC) No 1005/2002 of 12.6.2002 (OJ L 153, 13.6.2002, p. 3);
-32002 R 1501: Commission Regulation (EC) No 1501/2002 of 22.8.2002 (OJ L 227, 23.8.2002, p. 16);
-32002 R 1983: Commission Regulation (EC) No 1983/2002 of 7.11.2002 (OJ L 306, 8.11.2002, p. 8);
-32004 R 1809: Commission Regulation (EC) No 1809/2004 of 18.10.2004 (OJ L 318, 19.10.2004, p. 18.
Where appropriate, and in accordance with 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 (1), the Commission shall adopt, for the date of accession, The necessary amendments to the Community list of recognised production zones set out in Annex II to Regulation (EC) No 2848/98 in order to take account of the accession of Bulgaria and Romania, in particular with a view to the inclusion of the zones of Bulgarian and Romanian tobacco production in this list.

(1) OJ L 215, 30.7.1992, p. 70.


3. 32003 R 1782: Council Regulation (EC) No 1782/2003 of 29 September 2003 laying down common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for the Farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (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:
-32004 R 0021: Council Regulation (EC) No 21/2004 of 17.12.2003 (OJ L 5, 9.1.2004, p. 8);
-32004 R 0583: Council Regulation (EC) No 583/2004 of 22.3.2004 (OJ L 91, 30.3.2004, p. 1);
-32004 D 0281: Council Decision 2004 /281/EC of 22.3.2004 (OJ L 93, 30.3.2004, p. 1);
-32004 R 0864: Council Regulation (EC) No 864/2004 of 29.4.2004 (OJ L 161, 30.4.2004, p. (48).
(a) The Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt the provisions necessary for Bulgaria and Romania to integrate seed aid into the Support referred to in Title III, Chapter 6, and Title IVa of Regulation (EC) No 1782/2003.
(i) These provisions will bear in particular the adaptation of Annex XI " Ceilings applicable to seed aid in the new Member States referred to in Article 99 (3) " Regulation (EC) No 1782/2003 as amended by Council Regulation (EC) No 583/2004, which will be amended as follows:


" A N N E X E X I BIS
PLAFONDS APPLICABLE TO SEEDS IN THE NEW MEMBER STATES
REFERRED TO IN ARTICLE 99, PARAGRAPH 3


(In millions of euro)


You can consult the table in OJ
No 22 of 26/01/2007 text number 6



ii) The distribution by country of the maximum amount of seed eligible for assistance is as follows:


MAXIMUM QUANTITY COUNTRIES '
OF SEQUENCE COUNTRIES: HELP


(In tonnes)


You can view the table in OJ
No 22 of 26/01/2007 text number 6



b) The Council, acting by a qualified majority on a proposal The Commission, and after consulting the European Parliament, shall adopt the provisions necessary for Bulgaria and Romania to incorporate tobacco aid into the support schemes provided for in Title III, Chapter 6, and Title IV bis, of the Regulation (EC) No 1782/2003.
The distribution of national guarantee thresholds for tobacco is as follows:


DISTRIBUTION OF
GUARANTEE SEUILS FOR TOBACCO


(In tonnes)


You can view the table in OJ
No 22, 26/01/2007 text number 6



B. -Veterinary and plant health 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 in accordance with the procedure referred to in Article 26 (3) of Directive 1999 /105/EC, the Commission shall adapt Annex I to this Directive with regard to forest species Pinus peuce Griseb., Fagus orientalis Lipsky, Quercus frainetto Ten. And Tilia tomentosa Moench.


A N N E X E V
LIST REFERRED TO IN ARTICLE 21 OF THE ACCESSION ACT:
OTHER PERMANENT PROVISIONS
1. COMPANY LAW


Treaty establishing the European Community, Part III, Title I. The free movement of goods.


Specific mechanism


As regards the Bulgaria or Romania, the holder, or the holder's right holder, of a patent or a supplementary protection certificate issued for a medicinal product and deposited in a Member State on a date on which such protection could not be obtained For this product in one of the new Member States mentioned above, may invoke the rights conferred by that patent or supplementary protection certificate in order to prevent the importation and marketing of that product in the Member State or Member States where the product in question enjoys the protection of a patent or a supplementary protection certificate, even if it has been marketed for the first time in the new Member State concerned by it or with its agreement.
Any person intending to import or market a medicinal product covered by the above paragraph in a Member State in which the product has a patent or a supplementary protection certificate demonstrates to the competent authorities, in the Request concerning this importation, that a prior notification of one month has been given to the holder or entitled to such protection.


2. COMPETITION POLICY


Treaty establishing the European Community, Part Three, Title VI, Chapter I. The competition rules.
1. The following aid schemes and individual aid, carried out in a new Member State before the date of accession and still applicable after that date, shall be regarded on accession as existing aid within the meaning of Article 88, Paragraph 1, of the EC Treaty:
a) aid implemented before 10 December 1994;
(b) aid listed in the Appendix to this Annex;
(c) aid examined by the State aid monitoring authority of the new State Member before the date of accession and found to be compatible with the acquis, and in respect of which the Commission has not raised any objections because of serious doubts as to the compatibility of the measures with the common market, under the procedure referred to In paragraph 2.
All measures still applicable after the date of accession which constitute State aid and do not satisfy the above conditions shall be considered as new aid on the date of accession for the purposes of applying Article 88 (3) of the EC Treaty.
The above provisions shall not apply to aid granted to the transport sector or to activities relating to the production, processing and placing on the market of products which are Annex I to the EC Treaty, with the exception of fishery products and products derived from fishing.
In addition, the above provisions do not affect the transitional measures in respect of competition policy which In the act or the measures provided for in Annex VII, Chapter 4, Section B, of the
. Where a new Member State wishes the Commission to examine aid in the framework of the procedure referred to in paragraph 1 (c), it shall communicate regularly to the Commission:
(a) a list of existing aid which has been examined by The national authority responsible for the monitoring of state aid and that this authority has deemed it compatible with the acquis; and
b) any other information essential for assessing the compatibility of the aid to be examined,
using the Specific form provided by the Commission.
If the Commission does not raise any objections to the existing aid because of serious doubts as to the compatibility of the measure with the common market within three months after the Receipt of exhaustive information about it or the receipt of a communication from the new Member State in which it informs the Commission that it considers that the information provided is complete by the fact that the additional information which has been Is not available or has already been provided, the Commission shall be deemed not to have raised any objections.
All measures submitted to the Commission before the date of accession under the procedure described in paragraph 1 (c) shall The above procedure notwithstanding the fact that, during the examination period, the new Member State concerned has already become a member of the Union.
3. Any decision by the Commission to raise objections to a measure within the meaning of paragraph 1 (c) shall be considered as a decision to initiate the formal investigation procedure within the meaning of Council Regulation (EC) No 659/1999 of 22 March 1999 Implementing Article 93 of the EC Treaty (1).
If such a decision is taken before the date of accession, it shall be applied only on the date of accession.

(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).


4. Without prejudice to the procedures concerning existing aid provided for in Article 88 of the EC Treaty, aid schemes and individual aid granted in the transport sector, carried out 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 88 (1) of the EC Treaty subject to the following condition:
-aid measures shall be notified to the Commission within a time limit of four Months from the date of accession. This notification shall contain information on the legal basis of each measure. Existing aid measures and projects to grant or modify aid notified to the Commission before the date of accession shall be deemed to have been notified to the Commission on the date of accession
Aid " Existing " Within the meaning of Article 88 (1) of the EC Treaty up to the end of the third year following the date of accession.
The new Member States shall, where appropriate, amend these aid measures in order to comply with Guidelines given by the Commission no later than the end of the third year following the date of accession. Once that period has elapsed, any aid deemed incompatible with these guidelines is considered to be new aid.
5. As regards Romania, paragraph 1 (c) applies only to aid examined by the State aid monitoring authority of Romania after the date on which the assessment of compliance with the State aid legislation During the period prior to accession reached a satisfactory level, which is determined by the Commission on the basis of continuous monitoring of compliance with the commitments made by Romania in the framework of the accession negotiations. This satisfactory level will only be considered to be achieved when Romania has proved that it is systematically and properly monitoring State aid in respect of all aid granted in Romania, including adoption and Implementation by the State Aid Monitoring Authority of Romania of fully reasoned decisions including, for each measure, an accurate assessment of whether it is a State aid and an application The
may, due to serious doubts as to compatibility with the common market, raise objections to any aid granted during the pre-accession period between 1 September 2004 and the date set out in the above decision of the Commission indicating that the assessment of compliance with the legislation has reached a satisfactory level. This decision by the Commission to raise objections to a measure is regarded as a decision to open the formal investigation procedure within the meaning of Regulation (EC) No 659/1999. If such a decision is taken before the date of accession, it will be applied only on the date of accession.
When the Commission adopts a negative decision following the initiation of the formal review procedure, it decides that Romania Must take all necessary measures to ensure that the recipient actually renders the perceived aid. The aid to be recovered shall be accompanied by interest fixed at an appropriate rate determined in accordance with Regulation (EC) No 794/2004 (1) and payable as of the same date.

(1) Commission Regulation (EC) No 794/2004 of 21 April 2004 on the implementation of In accordance with 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. AGRICULTURE


a) Treaty establishing the European Community, Part Three, Title II. -Agriculture.
1. Public stocks held on the date of accession by the new Member States and originating from their market support policies shall be taken up by the Community at the price resulting from the application of Article 8 of Council Regulation (EEC) No 1883/78 Of 2 August 1978 on the general rules on the financing of interventions by the European Agricultural Guidance and Guarantee Fund, section ' Warranty " (1). These stocks are only taken up on the condition that the public intervention for the products in question is carried out in the Community and that the stocks concerned meet the conditions for Community intervention.

(1) OJ L 216, 5.8.1978, p. Regulation as last amended by Regulation (EC) No 1259/96 (OJ L 163, 2.7.1996, p. 10).


2. Any stock of products, whether private or public, in free circulation on the territory of the new Member States on the date of accession and exceeding the quantity which could be regarded as constituting a normal carry-forward of stocks must be eliminated At the expense of the new member states.
The concept of " Normal inventory carry-forward " Is defined for each product based on criteria and objectives specific to each common market organization.
3. The stocks referred to in point 1 shall be deducted from the quantity exceeding the normal carry-forward.
4. The Commission shall implement and apply the arrangements described above in accordance with the procedure laid down in Article 13 of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (1) or, where appropriate, In accordance with the procedure referred to in Article 42 (2) of Council Regulation (EC) No 1260/2001 of 30 June 2001 on the common organisation of the markets in the sugar sector (2) or the corresponding articles of the other regulations Common organisation of agricultural markets or the relevant committee procedure in accordance with the applicable legislation.

(1) OJ L 160, 26.6.1999, p. 103. (2) OJ L 178, 30.6.2001, p. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).


b) Treaty establishing the European Community, Part Three, Title VI, Chapter I. The competition rules.
Without prejudice to the procedures concerning the existing aid schemes, provided for in Article 88 of the Treaty EC, aid schemes and individual aid granted for activities relating to the production, processing or marketing of products listed in Annex I to the EC Treaty, with the exception of fishery products and their products Derivatives, applied 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 88 (1) of the EC Treaty, provided that the Next condition:
-the aid measures are notified to the Commission within four months of the date of accession. This notification shall contain information on the legal basis of each measure. Existing aid measures and projects to grant or modify aid notified to the Commission before the date of accession shall be deemed to have been notified to the Commission on the date of accession. The Commission shall publish the list of such aid.
Such aid measures shall be regarded as aid " Existing " Within the meaning of Article 88 (1) of the EC Treaty up to the end of the third year following the date of accession
Member States shall amend, where appropriate, such aid measures in order to comply with the guidelines given by the Commission no later than the end of the third year following the date of accession. Once this period has elapsed, any assistance deemed incompatible with these guidelines is considered to be new assistance.


4. CUSTOMS UNION


Treaty establishing the European Community, Part Three, Title I.-Free movement of goods, Chapter 1. -Customs union.
31992 R 2913: Council Regulation (EEC) No 2913/92 of 12.10.1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1), as last amended by:
-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 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).
31993 R 2454: Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down certain provisions implementing Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1), as last amended by:
-32003 R 2286: Commission Regulation (EC) No 2286/2003 of 18.12.2003 (OJ L 343, 31.12.2003, p. 1).
Regulations (EEC) No 2913/92 and (EEC) No 2454/93 apply to the new Member States subject to the following specific provisions:


Proof of Community character
(trade within the Community Expanded)


1. Notwithstanding Article 20 of Regulation (EEC) No 2913/92, goods which, on the date of accession, are on provisional deposit or are subject to one of the customs treatment or arrangements referred to in Article 4 (15) (b) and paragraph 16 (b) to G), of that regulation in the enlarged Community, or which are in transit in the enlarged Community after having been the subject of the export formalities, shall be duty-free and other customs measures when they Shall be declared for free circulation within the enlarged Community, provided that one of the following evidence is produced:
(a) proof of preferential origin duly issued or established before the date of accession under the European agreements listed below or equivalent preferential agreements concluded between the new Member States themselves, and which contain a prohibition of drawback, or exemption, of customs duties on non-originating materials Used in the manufacture of products for which proof of origin is issued or established (Rule of ' Drawback ") ;
European agreements:
-21994 A 1231 (24) Bulgaria: European Agreement establishing an association between European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, Protocol 4 on the definition of the concept of ' Originating products " And methods of administrative cooperation (1);
-21994 A 1231 (20) Romania: European Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, Protocol 4 on the definition of the concept of " Originating products " And to Methods of administrative cooperation (2);

(1) OJ L 358, 31.12.1994, p. 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). (2) 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).


(b) any evidence of the Community character referred to in Article 314 (c) of Regulation (EEC) No 2454/93;
(c) an ATA carnet issued before the date of accession in a current Member State or in a new State Member.
2. For the purposes of the granting of evidence referred to in paragraph 1 (b), having regard to the situation on the date of accession and in addition to the provisions of Article 4 (7) of Regulation (EEC) No 2913/92, ' Community goods', the Goods:
-wholly obtained in the territory of one of the new Member States under conditions identical to those of Article 23 of Regulation (EEC) No 2913/92 and not involving goods imported from other countries or Territories; or
-imported from countries or territories other than the country concerned, and put into free circulation in that country; or
-obtained or produced in the country concerned, or from goods covered only in the second indent of that country The goods described in the first and second indents of this subsection.
3. For the purposes of verification of the evidence referred to in paragraph 1 (a), the provisions relating to the definition of " Originating products " And the methods of administrative cooperation under the respective European agreements or Equivalent preferential agreements concluded between the new Member States themselves shall apply. Applications for ex post verification of such evidence shall be accepted by the competent customs authorities of the present Member States as well as those of the new Member States for a period of three years following the granting of the evidence And may be presented by these authorities for a period of three years after the acceptance of the proof of origin supporting a declaration of free practice.
Proof of preferential origin (trade with third countries, y Including Turkey, under the preferential agreements in the fields of agriculture, coal and steel products)
4. Without prejudice to the application of any measure deriving from the common commercial policy, proof of origin duly issued or established by third countries in the framework of preferential agreements concluded by the new Member States with those countries Or issued or established under unilateral national provisions of the new Member States shall be accepted in the new Member States, provided that:
a) the acquisition of that origin confers preferential tariff treatment on The basis of the preferential tariff measures contained in the agreements or schemes which the Community has concluded with these third countries or groups of countries or which it has adopted as regards them, as referred to in Article 20 (3) (d) (e) Regulation (EEC) No 2913/92;
(b) proof of origin and transport documents have been issued or established no later than the day before the date of accession; and that
(c) the proof of origin is presented to the customs authorities in A period of four months from the date of accession.
Where the goods have been declared for free circulation in a new Member State before the date of accession, the proof of origin which has been issued or established retroactively Under the preferential agreements or arrangements in force in that new Member State on the date of release for free circulation, may also be accepted in the new Member State concerned, provided that it is presented to the customs authorities Within four months from the date of accession.
5. Bulgaria and Romania are authorised to maintain the authorisations under which the Staff Regulations have been granted " Authorized exporter " In the framework of agreements concluded with third countries, provided that:
a) this provision is Also provided for in the agreements concluded by these third countries with the Community before the date of accession; and that
(b) the authorised exporters apply the rules of origin laid down in those agreements.
No later than one year after the date of accession Of accession, these authorisations are replaced by new Member States by new authorisations issued under the conditions laid down by Community legislation.
6. For the purposes of verification of the evidence referred to in paragraph 4, the provisions relating to the definition of " Originating products " And the methods of administrative cooperation of the relevant agreements or regimes shall apply. Applications for ex post verification of such evidence shall be accepted by the competent customs authorities of the present Member States as well as those of the new Member States for a period of three years following the granting of the evidence And may be submitted by these authorities for a period of three years after the acceptance of the proof of origin supporting a declaration of free
. Without prejudice to the application of any measure deriving from the common commercial policy, proof of origin issued retroactively by third countries in the framework of preferential agreements concluded by the Community with these countries shall be accepted In the new Member State with a view to the free circulation of goods which, on the date of accession, are or are in transit or in temporary storage, in a customs warehouse or in a free zone in one of those third countries or in that new Member State, for As long as there is no free trade agreement for the products in question concluded by the new Member State in which the release of free circulation takes place and the third country is in force at the time when the transport documents have been issued and Condition that:
(a) the acquisition of that origin confers preferential tariff treatment on the basis of preferential tariff measures, contained in the agreements or schemes which the Community has concluded with third countries or groups of Adopted in respect of them, as referred to in Article 20 (3) (d) and (e) of Regulation (EEC) No 2913/92;
(b) transport documents have been issued no later than the day before the date of accession; and That
(c) proof of origin issued retroactively be presented to the customs authorities within four months of the date of accession.
8. For the purposes of verification of the evidence referred to in paragraph 7, the provisions relating to the definition of " Originating products " And the methods of administrative cooperation of the relevant agreements or plans are applicable.
Evidence The status of products under the provisions on the free practice of industrial products within the EC-Turkey customs union
9. Proof of origin duly issued by Turkey or a new Member State within the framework of preferential trade agreements applied between them and allowing the Community to have cumulation of origin based on identical rules of origin and Prohibition of any drawback or suspension of customs duties on the goods concerned, are accepted in the respective countries as proof of the status of the goods under the provisions on the free practice of goods Decision No 1/95 of the EC-Turkey Association Council (1), provided that:
(a) the proof of origin and the transport documents were issued on or before the day before the date of accession; and that
(b) the evidence To the customs authorities within four months of the date of accession.

(1) Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995 on the establishment of the final phase of the Customs union (OJ L 35, 13.2.1996, p. Decision as last amended by Decision No 2/99 of the EC-Turkey Association Council (OJ L 72, 18.3.1999, p. 36).


Where the goods have been declared for free circulation in Turkey or in a new Member State, before the date of accession, within the framework of the abovementioned preferential trade agreements, the proof Of origin which has been issued retroactively under these agreements may also be accepted, provided that it is presented to the customs authorities within four months of the date of accession.
10. For the purposes of verification of the evidence referred to in paragraph 9, the provisions relating to the definition of " Originating products " And the methods of administrative cooperation of the relevant preferential agreements shall apply. Applications for ex post verification of such evidence shall be accepted by the competent customs authorities of the present Member States as well as those of the new Member States for a period of three years following the granting of the evidence And may be submitted by these authorities for a period of three years after the acceptance of proof of origin supporting a declaration of free practice.
11. Without prejudice to the application of any measure deriving from the common commercial policy, a movement certificate A. TR issued under the provisions relating to the free practice of industrial products provided for in Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995, is accepted in the new Member State with a view to the free circulation of goods which, on the date of accession, are either in transit in the Community or in Turkey after having done so The purpose of the export formalities, either on temporary deposit or under one of the customs procedures referred to in Article 4 (16) (b) to (h) of Regulation (EEC) No 2913/92 in Turkey or in the new Member State, provided that:
(a) No proof of origin within the meaning of paragraph 9 has been presented for the goods concerned;
(b) the goods fulfil the conditions for the implementation of the provisions on the free practice of industrial products;
(c) The transport documents were issued no later than the day before the date of accession; and that
(d) the A. TR movement certificate is presented to the customs authorities within four months of the date of accession.
12. For the purpose of verifying traffic certificates A. The provisions concerning the grant of such certificates and the methods of administrative cooperation under Decision No 1/2001 of the EC-Turkey Customs Cooperation Committee (1) shall apply.

(1) Decision 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).


Customs Regimes


13. Temporary deposits as well as the customs procedures referred to in Article 4 (16) (b) to (h) of Regulation (EEC) No 2913/92 which took place before the date of accession shall end or be discharged according to the conditions laid down by the
the end of the deposit or the discharge of the customs procedure gives rise to a customs debt, the amount of import duties to be paid shall be the amount in force at the time when the customs debt is incurred In accordance with the Common Customs Tariff and the amount paid shall be regarded as a Community own resource.
14. The procedures governing the customs warehousing arrangements provided for 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:
-where the amount of a customs debt is determined on the basis of the nature, value for duty and quantity of the goods of import at the time of acceptance of the investment declaration Of those goods under the customs warehousing procedure and where that declaration was accepted before the date of accession, those elements shall be those resulting from the legislation applicable in the new Member State concerned before accession.
15. The procedures governing the inward processing arrangements provided for 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 under Reserves the following specific provisions:
-where the amount of a customs debt is determined on the basis of the nature, the tariff classification, the quantity, the value for duty and the origin of the goods imported into the Time of their placement under the scheme and where the declaration of placement of those goods under the scheme has been accepted before the date of accession, those elements shall be those resulting from the legislation applicable in the new Member State concerned Before the date of accession;
-in order to respect the fairness of the holder of the authorisation established in the present Member States and those established in the new Member States, where the clearance gives rise to a customs debt, Compensatory interest shall be paid on import duties due under the conditions laid down by Community legislation from the date of accession;
-if the inward processing declaration has been accepted within the framework of a In accordance with the conditions laid down in Community legislation, by the new Member State in which the customs debt which gave rise to the application for repayment was born before the date of accession and the
16. The procedures governing the temporary admission scheme provided for 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 under Reserves the following specific conditions:
-where the amount of a customs debt is determined on the basis of the nature, tariff classification, quantity, value for duty and origin of the goods imported into the Time of their placement under the scheme and where the declaration of placement of those goods under the scheme has been accepted before the date of accession, those elements shall be those resulting from the legislation applicable in the new Member State concerned Before the date of accession;
-in order to respect the fairness of the holder of the authorisation established in the present Member States and those of the new Member States, where the clearance gives rise to a customs debt, of interest Shall be paid on import duties due under the conditions laid down by Community law from the date of
. The procedures governing the outward processing regime provided for 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:
-Article 591 (2) of Regulation (EEC) No 2454/93 shall apply mutatis mutandis to temporary export goods which have been temporarily exported before the date of accession from New member states.


Other terms


18. Authorisations which have been granted before the date of accession for the use of 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 comes first.
19. The procedures governing the birth of a customs debt, the taking into account and the subsequent recovery provided for in Articles 201 to 232 of Regulation (EEC) No 2913/92 and Articles 859 to 876 bis of Regulation (EEC) No 2454/93 shall apply to New Member States subject to the following specific provisions:
-recovery is carried out in accordance with the conditions laid down in Community legislation. However, where the customs debt was incurred before the date of accession, the recovery shall be effected in accordance with the conditions laid down in the legislation of the Member State concerned in force before accession, by the Member State concerned and in its
. The procedures governing repayment and remission of rights provided for 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 provisions Specific:
-the refund and remission of duties are carried out according to the conditions laid down in Community legislation. However, where the rights which are the subject of an application for repayment or remission refer to a customs debt which was incurred before the date of accession, the refund and remission of duties shall be effected under the conditions laid down by the Legislation of the Member State concerned in force before accession, by the Member State concerned and at its own expense.


A P P E N D I C E TO N N E X E V
List of existing aid referred to in point 1 (b)
of the existing aid mechanism provided for in Chapter 2 of Annex V

Note. -The aid listed in this Appendix should be regarded as existing aid for the purposes of the existing aid mechanism in Chapter 2 of Annex V only to the extent that they fall within the scope of paragraph 1 Of this one.




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A N N E X E V I
REFERRED TO ARTICLE 23 OF THE ACCESSION ACT:
TRANSITIONAL MEASURES-BULGARIA
1. FREE MOVEMENT OF PERSONS


Treaty establishing the European Community.
31968 R 1612: Council Regulation (EEC) No 1612/68 of 15 October 1968 on the free movement of workers within the Community Community (OJ L 257, 19.10.1968, p. 2), as last amended by:
-32004 L 0038: Directive 2004 /38/EC of the European Parliament and of the Council of 29 April 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 on 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 members of their families to move and reside freely within the territory of the Member States, Amending Regulation (EEC) No 1612/68 and repealing Directives 64/2 2 1/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 39 and the first paragraph of Article 49 of the EC Treaty shall fully apply only subject to the transitional provisions laid down in paragraphs 2 to 14 in respect of the free 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, of the other
. By way of derogation from Articles 1 to 6 of Regulation (EEC) No 1612/68 and up to the end of the two-year period following the date of accession, the existing Member States shall apply national measures, or measures resulting from bilateral agreements, which Regulate the access of Bulgarian nationals to their labour market. The current Member States may continue to apply these measures up to the end of the five-year period following the date of accession.
Bulgarian nationals legally working in a current Member State on the date of accession and who Shall be admitted to the labour market of that Member State for an uninterrupted period equal to or greater than twelve months, may benefit from access to the labour market of that Member State, but not to the labour market of other Member States which Apply national measures.
Bulgarian nationals admitted to the labour market of a current Member State following accession, for an uninterrupted period equal to or greater than twelve months, also benefit from the same Rights.
The Bulgarian nationals referred to in the second and third subparagraphs shall cease to enjoy the rights provided for in those subparagraphs if they voluntarily leave the labour market of the present Member State in question
Bulgarian who work legally in a current Member State on the date of accession, or during a period when national measures are applied, and who are admitted to the labour market of that Member State for a period of less than twelve months Do not have 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 referred to in paragraph 2 on the basis of a report by the Commission
The end of the two-year period following the date of accession, the current Member States shall inform the Commission whether they continue to apply national measures or measures resulting from bilateral agreements, or whether they now apply the Articles 1 to 6 of Regulation (EEC) No 1612/68. Failing this notification, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply.
4. A further review may take place at the request of Bulgaria. The procedure referred to in paragraph 3 shall apply and shall be completed within six months of receipt of the request from
. A Member State now taking national measures or measures resulting from bilateral agreements at the end of the five-year period referred to in paragraph 2 may extend them, after notifying the Commission, up to the end of the seven-year period Following the date of accession if the labour market undergoes or is threatened with serious disturbance. Failing this notification, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply.
6. During the seven-year period following the date of accession, the Member States in which, by virtue of paragraph 3, 4 or 5, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply in respect of Bulgarian nationals and who issue Work permits to Bulgarian nationals for observation during this period will do so automatically.
7. 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 Bulgarian nationals, may resort to the procedures provided for in the following paragraphs up to the end The period of seven years following the date of accession.
Where a Member State referred to in the first subparagraph undergoes or foresees disturbances in its labour market which could seriously threaten the standard of living or employment in a region or Profession, it shall notify the Commission and the other Member States by providing them with all relevant indications. On the basis of these indications, the Member State may request the Commission to declare that the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is wholly or partly suspended in order to ensure the recovery of the situation in That region or profession. The Commission shall decide on the suspension, as well as the duration and scope of the suspension, no later than two weeks after having received the application and shall inform the Council of its decision. Within two weeks after the Commission has taken its decision, any Member State may request the annulment or amendment of that decision by the Council. The Council shall act on this request by a qualified majority within two weeks.
In urgent and exceptional cases, a Member State referred to in the first subparagraph may suspend the application of Articles 1 to 6 of Regulation (EEC) No 1612/68; It sends a reasoned notification to the Commission.
8. As long as the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended pursuant to paragraphs 2 to 5 and 7 above, Article 23 of Directive 2004 /38/EC applies in Bulgaria, in respect of the right of members of the Family of workers to accept employment, as regards nationals of the current Member States and in the current Member States with regard to Bulgarian nationals, under the following conditions:
-the spouse of a Workers and their descendants of less than twenty-one years or dependants who are legally residing with the worker in the territory of a Member State on the date of accession shall immediately have access to the labour market of that Member State from This date. This provision shall not apply to members of the family of a worker lawfully admitted to the labour market of that Member State for less than 12 months;
-the spouse of a worker and their descendants less than Twenty-one years or a charge which legally resides with the worker in the territory of a Member State from a date later than the date of accession, but during the period of application of the abovementioned transitional provisions, have Access to the labour market of the Member State concerned when they have been residing in that Member State for at least 18 months or from the third year following the date of accession, whichever is the earlier.
Those provisions Are without prejudice to more favourable measures, whether national or the result of bilateral agreements.
9. To the extent that the provisions of Directive 2004 /38/EC which reproduce provisions of Directive 68 /360/EEC (1) cannot be dissociated from those of Regulation (EEC) No 1612/68, the application of which is deferred pursuant to paragraphs 2 To 5, 7 and 8, Bulgaria and the present Member States may derogate from these provisions to the extent necessary for the application of paragraphs 2 to 5, 7 and 8.

(1) Council Directive 68 /360/EEC of 15 October 1968 on the abolition of Restrictions on the movement and residence of workers of the Member States and their families within the Community (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).


10. Where national measures or measures resulting from bilateral agreements are applied by the present Member States under the transitional provisions referred to above, Bulgaria may maintain equivalent measures in respect of Nationals of the Member State or Member States in question.
11. If the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by one of the present Member States, Bulgaria may resort to the procedures provided for in paragraph 7 with regard to Romania. During this period, work permits issued by Bulgaria for observation to Romanian nationals are issued automatically.
12. A current Member State which applies national measures in accordance with paragraphs 2 to 5 and 7 to 9 may decide, pursuant to its domestic law, to grant greater freedom of movement than that existing on the date of accession, including Full access to the labour market. From the third year following the date of accession, a current Member State applying national measures may decide at any time to apply Articles 1 to 6 of Regulation (EEC) No 1612/68 instead of those measures. The Commission is informed of this decision.
13. To deal with serious disturbances or threats of serious disruption in certain sensitive areas of labour market services that may arise in certain regions as a result of service delivery Transnational measures, as defined in Article 1 of Directive 96 /71/EC, and as long as they apply to the free movement of Bulgarian workers, by virtue of the abovementioned transitional provisions, national measures or Measures resulting from bilateral agreements, Germany and Austria may, after notifying the Commission, derogate from the first paragraph of Article 49 of the EC Treaty in order to limit, in the context of the provision of services by undertakings Established in Bulgaria, the temporary movement of workers whose right to accept work in Germany and Austria is subject to national measures.
The list of sectors of services likely to be affected by this Derogation is as follows:
-in Germany:


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-in Austria:


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To the extent that Germany or Austria derogates from the first paragraph of Article 49 of the EC Treaty, in accordance with the preceding subparagraphs, Bulgaria May, after informing the Commission, take equivalent measures.
The application of this paragraph shall not create, for the temporary movement of workers in the context of the provision of services Between Germany or Austria and Bulgaria, conditions that are more restrictive than those prevailing on the date of signature of the Accession Treaty.
14. The application of paragraphs 2 to 5 and 7 to 12 shall not have the effect of creating conditions of access more restrictive to the labour market of the present Member States for Bulgarian nationals than those existing at the date of signature of the Treaty Notwithstanding
application of the provisions laid down in paragraphs 1 to 13, the present Member States shall give preference to workers who are nationals of Member States rather than to workers who are nationals of Third countries with regard to access to their labour market during periods of application of national measures or measures resulting from bilateral agreements.
Bulgarian migrant workers and their families residing and working Legally in another Member State or migrant workers from other Member States and their families who are legally resident and working in Bulgaria are not treated in a more restrictive manner than those who come from a third country and who Resident and working in that Member State or in Bulgaria, as the case may be. In addition, in application of the principle of Community preference, migrant workers from third countries who reside and work in Bulgaria are not treated more favourably than Bulgarian nationals.


2. LIBRE SERVICE DELIVERY


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 to Bulgaria until 31 December 2009. Bulgaria shall ensure that its investor compensation system guarantees coverage of at least EUR 12 000 from 1 January 2007 to 31 December 2007, and at least EUR 15 000 from 1 January 2008 to 31 December 2009
Other Member States shall retain the right to prevent a branch of a Bulgarian investment firm established in their territory from carrying on business, unless the said branch has acceded to a compensation system Investors officially recognised in the territory of the Member States concerned and until such time as it has acceded to such a system, with a view to covering the difference between the level of compensation proposed by Bulgaria and the minimum level Subject to Article 4 (1) of Directive 97 /9/EC.


3. FREE CIRCULATION OF CAPITAL


Treaty on European Union.
Treaty establishing the European Community.
1. Notwithstanding the obligations laid down in the Treaties on which the European Union is founded, Bulgaria may maintain in force for a period of five years from the date of accession the restrictions provided for in its legislation in force at When the Treaty of Accession is signed, with regard to the acquisition of property rights on land intended for the establishment of a secondary residence by nationals of the Member States or of the States Parties to the Agreement on The European Economic Area (EEA Agreement) which does not reside in Bulgaria or by legal persons constituted in accordance with the law of another Member State or a State Party to the EEA Agreement.
Nationals of Member States and Nationals of the States party to the Agreement on the European Economic Area who are legally resident in Bulgaria shall not be subject to the provisions referred to in the preceding paragraph or to all the rules and procedures other than those applicable to Bulgarian nationals.
2. Notwithstanding the obligations laid down in the Treaties on which the European Union is founded, Bulgaria may maintain in force for a period of seven years from the date of accession the restrictions provided for in its legislation in force at Moment of signature of the Treaty of Accession with regard to the acquisition of agricultural land, forests or silviculture by nationals of another Member State, by nationals of the States Parties to the Agreement on the Economic Area Or by legal persons constituted in accordance with the law of another Member State or of a State Party to the EEA Agreement. In no case, with regard to the acquisition of agricultural land, forests or silvicultural land, a national of a Member State may be treated less favourably than on the date of signature of the Treaty of Accession or more A national of a third country.
Independent farmers who are nationals of another Member State and who wish to establish and reside legally in Bulgaria shall not be subject to the provisions referred to in the preceding paragraph Or procedures other than those applicable to Bulgarian nationals.
A general review of these transitional measures shall be carried out in the third year following the date of accession. To this end, the Commission shall submit a report to the Council. The Council may, acting unanimously on a proposal from the Commission, decide to shorten the transitional period referred to in the first subparagraph or to terminate it.


4. AGRICULTURE
A. -Agricultural legislation


31997 R 2597: Council Regulation (EC) No 2597/97 of 18 December 1997 laying down the supplementary rules for the common organisation of the market in milk and milk products Which concerns drinking milk (OJ L 351, 23.12.1997, p. 13), as last amended by:
-31999 R 1602: Council Regulation (EC) No 602/1999 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 for fat content do not apply to drinking milk produced in Bulgaria until 30 April 2009, in the Measure where milk with a fat content of 3 % (m/m) can be marketed as whole milk, and milk with a fat content of 2 % (m/m) as half-skimmed milk. Consumer milk which does not comply with the fat content requirements may only be marketed in Bulgaria or exported to third countries.


B. -Veterinary legislation
and Plant health


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 foodstuffs of animal origin (OJ 2004 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 receive, until 31 December 2009, deliveries of raw milk which are not in conformity or have not been processed In accordance with the obligations set out in Annex III, Section IX, Chapter I, sub-chapters II and III of Regulation (EC) No 853/2004, provided that these holdings are on a list kept for that purpose by the Bulgarian
. The establishments referred to in point (a) shall benefit from the provisions of this point, products originating from such establishments shall be exclusively placed on the national market or subject to further processing in establishments in Bulgaria Also covered by the provisions of point (a), irrespective of the date of marketing. These products must bear a different identification mark than 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 transform, up to 31 December 2009, compliant milk and milk non-compliant with EU standards on separate production lines. In this context, " Milk non-compliant with EU standards " Milk referred to in point (a). Such establishments must fully comply with the EU requirements for establishments, including the implementation of Hazard Analysis and Critical Control Point (HACCP) principles (referred to in Article 5 of the Regulation 852/2004 [1]) and prove their ability to comply fully with the following conditions, in particular the designation of their production chains concerned:
-take all the measures necessary to enable the observation Strict internal procedures for the separation of milk from its collection to the final product stage, including the delivery of milk to the establishment, storage and separate treatment of milk and milk not in accordance with EU standards, specific packaging and labelling of milk-based products not in conformity with EU standards, as well as the separate storage of these products;
-establishing a procedure to ensure traceability of raw materials, Including the necessary evidence of product movement and a procedure for the justification of products and the parallel of compliant and non-compliant raw materials with the product categories of the production;
- Submit raw milk to heat treatment at a temperature of at least 71.7 ° C for 15 seconds; and
-take all necessary measures to ensure that identification marks are not used fraudulently.

(1) 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).


The Bulgarian authorities:
-ensure that the operator or director of each institution concerned takes all the necessary measures to enable the rigorous observation of internal procedures for the Separation of milk;
-carry out tests and random checks on the observation of the principle of milk separation; and
-conduct tests in approved laboratories on all raw and finished products to verify Their conformity with the requirements of Annex III, Section IX, Chapter II of Regulation (EC) No 853/2004, including microbiological criteria for milk-based products.
Milk and/or milk products from chains of Separate production of raw milk which is not in conformity with EU standards in processing establishments approved by the EU may be marketed only on the market subject to the conditions set out in point (b). Products manufactured from raw raw milk processed into a separate production chain in an establishment referred to in Chapter II of the Appendix to this Annex may be marketed as compliant products as long as all Conditions governing the separation of production chains are maintained.
(d) Milk and milk products manufactured under the provisions referred to in point (c) shall not be eligible for support under Title I, Chapters II and III, to The exception of Article 11 and Title II of Regulation (EC) No 1255/1999 (1) if they bear the oval identification mark referred to in Section I of Annex II to Regulation (EC) No 853/2004.

(1) Council Regulation (EC) No 1255/1999 of 17 May 1999 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 No 186/2004 (OJ L 29, 3.2.2004, p. 6).


e) Bulgaria shall progressively respect the obligations referred to in point (a) and shall report annually to the Commission on progress made in the upgrading of dairy farms and the system Milk collection. Bulgaria shall ensure that all these obligations 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 (1), update the Appendix to This Annex before accession and until 31 December 2009 and, in this context, to add or remove institutions, in the light of the progress made in correcting the existing shortcomings and the results of the monitoring process.

(1) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down general principles and general requirements of food law, establishing the European Food Safety Authority and establishing Procedures relating to food safety (OJ L 31, 1.2.2002, p. Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).


Implementing rules guaranteeing the smooth operation of the transitional arrangements referred to above 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 for the admission of non-resident carriers to national carriage of goods by road in a Member State (OJ L 279, 12.11.1993, p. 1), as last amended by:
-32002 R 0484: Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1.3.2002 (OJ L 76, 19.3.2002, p. (1).
(a) By way of derogation from Article 1 of Regulation (EEC) No 3118/93 and until the end of the third year following the date of accession, carriers established in Bulgaria shall be excluded from the national carriage of goods by road in Other Member States, and carriers established in other Member States shall be excluded from the national carriage of goods by road, in Bulgaria.
(b) Before the end of the third year following the date of accession, the Member States Notify the Commission if they extend this period for a further period of up to two years or if they are now fully applying Article 1 of the Regulation. In the absence of such notification, Article 1 of the Regulation shall apply. Only carriers established in the Member States in which Article 1 of the Regulation applies may ensure the operation of national road transport services in the other Member States in which Article 1 applies
(c) Member States in which Article 1 of that Regulation applies under point (b) may resort to the procedure described below until the end of the fifth year following the date of accession
The preceding subparagraph undergoes a serious disturbance of its domestic market or of certain segments of that market, caused or aggravated by cabotage, such as a net surplus of supply in relation to the demand or a threat to financial stability or For the survival of a significant number of road transport undertakings, it shall inform the Commission and the other Member States and provide them with all the relevant details. On the basis of this information, the Member State may request the Commission to suspend, in part or in whole, the application of Article 1 of the Regulation in order to restore the normal
. Data provided by the Member State concerned and shall, within one month from the date of receipt of the request, decide whether or not to adopt safeguard measures. The procedure referred to in Article 7 (3), second, third and fourth paragraphs, and paragraphs 4, 5 and 6 of the Regulation shall apply.
A Member State referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of Article 1 of the Regulation. In that case, it shall forward to the Commission a reasoned notification.
(d) As long as Article 1 of the Regulation does not apply in accordance with points (a) and (b), Member States may regulate access to their national transport market of Goods by road by progressively exchanging cabotage authorisations on the basis of bilateral agreements. This may include the possibility of total liberalisation.
e) The application of points (a) to (c) should not result in access to the national markets for the carriage of goods by road more restricted than at the time of signature of the Treaty
2. 31996 L 0026: Council Directive 96 /26/EC of 29 April 1996 on access to the occupation of road haulage operator and carrier by road and the mutual recognition of diplomas, certificates and other qualifications To promote the effective exercise of the freedom of establishment of such carriers in the field of national and international transport (OJ L 124, 23.5.1996, p. 1), as last amended by:
-32004 L 0066: Council Directive 2004 /66/EC of 26.4.2004 (OJ L 168, 1.5.2004, p. 35).
Until 31 December 2010, Article 3 (3) (c) of Directive 96 /26/EC does not apply in Bulgaria to transport undertakings assigned exclusively to the national transport of goods and
. Available and the reserves of these undertakings must progressively achieve the minimum rates laid down in this Article in accordance with the following timetable:
-by 1 January 2007, the undertaking must have a capital and reserves of a Value at least equal to EUR 5 850 for the first vehicle used and EUR 3 250 for each additional vehicle;
-by 1 January 2008, the undertaking must have a capital and reserves of at least EUR 6 750 for each additional vehicle; The first vehicle used and at EUR 3 750 for each additional vehicle;
-by 1 January 2009, the undertaking must have a capital and reserves of at least EUR 7 650 for the first vehicle used and at 4,250 EUR for each additional vehicle;
-by 1 January 2010, the undertaking must have a capital and reserves of at least EUR 8 550 for the first vehicle used and EUR 4 750 for each vehicle Additional.
3. 31996 L 0053: Council Directive 96 /53/EC of 25 July 1996 laying down, for certain road vehicles circulating in the Community, the maximum dimensions permitted in national and international traffic and the maximum authorised traffic weights International (OJ L 235, 17.9.1996, p. 59), as last amended by:
-32002 L 0007: Directive 2002/7/EC of the European Parliament and of the Council of 18.2.2002 (OJ L 67, 9.3.2002, p. 47).
By way of derogation from Article 3 (1) of Directive 96 /53/EC, vehicles conforming to the limit values of categories 3.2.1, 3.4.1, 3.4.2 and 3.5.1 specified in Annex I to this Directive shall not be used until 31 December 2013 the non-modernised parts of the Bulgarian road network if they are in conformity with the limit values set in Bulgaria for weight by axle.
As from the date of accession, no restrictions may be imposed on the use by Vehicles meeting the requirements of Directive 96 /53/EC, of the main transit routes referred to in Annex I to Decision 1692 /96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of Trans-European transport network (1).

(1) OJ L 228, 9.9.1996, p. Decision as last amended by Decision 884 /2004/EC (OJ L 167, 30.4.2004, p. 1).


Bulgaria complies with the schedule set out in the tables below for the modernisation of its main road network. Any infrastructure investment involving the use of funds from the Community budget will be used to build/modernise the road axes so that they can withstand an axle load of 11.5 tonnes.
At the same time as The completion of modernisation, access to the Bulgarian road network, including the network set out in Annex I to Decision 1692 /96/EC, will be progressively opened to vehicles in international traffic complying with the limit values set by the Directive. For loading and unloading, as far as technical possibilities are concerned, the use of unmodernised parts of the secondary road network shall be authorised throughout the transitional period.
From the date of accession, on The whole Bulgarian road transport network, no additional temporary charges will be levied for vehicles in international traffic equipped with pneumatic suspension and respecting the limit values of Directive 96 /53/EC
Temporary additional charges for the use of unmodernised parts of the network by vehicles in international traffic not equipped with a pneumatic suspension and respecting the limit values laid down in the Directive are In a non-discriminatory manner. The royalty regime is transparent and the collection of fees does not impose an administrative burden or undue delay on users, nor does the collection of these charges lead to a systematic monitoring of the limits of Axle load at the border. Compliance with these axle load limits is controlled throughout the territory in a non-discriminatory manner and also applies to vehicles registered in Bulgaria.


Modernisation Programme Routes (km)
Table 1


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Table 2


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No 22 of 26/01/2007 text number 6



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 Of 13.6.1977, p. 1), as last amended by:
-32004 L 0066: Council Directive 2004 /66/EC of 26.4.2004 (OJ L 168, 1.5.2004, p. 35).
For the purposes of applying Article 28 (3) (b) of Directive 77 /388/EEC, Bulgaria may continue to exempt from the value added tax international transport of persons referred to in point 17 of Annex F to the Directive, until the condition laid down in Article 28 (4) of the Directive is fulfilled or until the same exemption is applied by one of the present Member States, whichever is the closest.
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:
-32003 L 0117: Council Directive 2003 /117/EC of 5.12.2003 (OJ L 333, 20.12.2003, p. (49).
By way of derogation from Article 2 (1) of Directive 92 /79/EEC, Bulgaria may postpone the application of the overall minimum excise duty levied on the retail price (all taxes included) for cigarettes belonging to the class The most requested price until 31 December 2009, provided that, during this period, Bulgaria progressively adjusts its excise rates to approximate the overall minimum excise duty provided for in the Directive
Article 8 of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements, detention, movement and control of products subject to excise duty (1) and after informing the Commission thereof, Member States may Maintain, as long as the abovementioned derogation is applicable, the same quantitative limits for cigarettes which may be introduced on their territory from Bulgaria without payment of any additional excise duty Applied to imports from third countries. Member States which make use of this possibility may carry out the necessary checks on the condition that such controls do not impede the proper functioning of the internal market.

(1) 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).


3. 32003 L 0049: Council Directive 2003 /49/EC of 3 June 2003 on a common tax system 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:
-32004 L 0076: Council Directive 2004 /76/EC of 29.4.2004 (OJ L 157, 30.4.2004, p. 106.
Bulgaria is authorised not to apply the provisions of Article 1 of Directive 2003 /49/EC until 31 December 2014. During this transitional period, the rate of tax on interest payments or charges made in favour of an associated company of another Member State or in favour of a permanent establishment of an associated company of a Member State located in Another Member State must not exceed 10 % until 31 December 2010 and 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:
-32004 L 0075: Council Directive 2004 /75/EC of 29.4.2004 (OJ L 157, 30.4.2004, p.
(a) By way of derogation from Article 7 of Directive 2003 /96/EC, Bulgaria may apply the following transitional periods:
-until 1 January 2011 to adapt the national level of taxation of unleaded petrol used as Fuel at a minimum level of 359 EUR per 1000 l. The actual tax rate applied to unleaded petrol used as fuel shall not be less than EUR 323 for 1 000 l as from 1 January 2008;
-until 1 January 2010 to adapt the national level of taxation of diesel fuel and Kerosene used as fuel at a minimum level of EUR 302 per 1000 l and until 1 January 2013 to reach the minimum level of EUR 330 per 1000 l. The actual tax rate applied to gas oil and kerosene used as fuel shall not be less than EUR 274 per 1 000 l as from 1 January 2008.
b) By way of derogation from Article 9 of Directive 2003 /96/EC, Bulgaria may Apply the following transitional periods:
-until 1 January 2010 to adapt the national level of taxation of coal and coke used for district heating purposes to the minimum levels of taxation set out in Annex I, Table C;
-until 1 January 2009 to adapt the national level of taxation of coal and coke used for purposes other than district heating at the minimum levels of taxation set out in Annex I, Table C.
The actual tax rates applied to the Energy products concerned shall not be less than 50 % of the relevant minimum Community rate from 1 January 2007.
(c) By way of derogation from Article 10 of Directive 2003 /96/EC, Bulgaria may apply a period of Until 1 January 2010 to adapt the national levels of electricity taxation to the minimum levels of taxation set out in Annex I, Table C. The actual tax rates applied to electricity shall not be less than 50 % The relevant minimum Community rate as from 1 January 2007.


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 in 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 content of cigarettes manufactured and marketed in the territory of Bulgaria is 1 January 2011. During the transitional period:
-cigarettes manufactured in Bulgaria with a tar content of more than 10 mg per cigarette are not marketed in other Member States;
-cigarettes manufactured in Bulgaria Tar content is greater than 13 mg per cigarette are not exported to third countries; this limit is reduced to 12 mg from 1 January 2008 and to 11 mg as of January 1, 2010;
-Bulgaria continues to provide Periodically to the Commission, updated information on the timetable and the measures it has adopted to comply with this directive.


8. ENERGY


31968 L 0414: Council Directive 68 /414/EEC of 20 December 1968 requiring the Member States of the EEC to maintain a minimum level of crude oil and/or petroleum products (OJ L 308, 23.12.1968, p. 3. 14), as last amended by:
-31998 L 0093: Council Directive 98 /93/EC of 14.12.1998 (OJ L 358, 31.12.1998, p.
By way of derogation from Article 1 (1) of Directive 68 /414/EEC, the minimum level of stocks of petroleum products shall not apply to Bulgaria before 31 December 2012. Bulgaria shall ensure that its minimum level of stocks of petroleum products corresponds, for each of the categories of petroleum products referred to in Article 2, to at least the number of days of average daily domestic consumption Below, as defined in Article 1, paragraph 1:
-30 days to 1 January 2007;
-40 days as at 31 December 2007;
-50 days at 31 December 2008;
-60 days as at 31 December 2009;
-70 days at 31 December 2010;
- 80 days to December 31, 2011;
-90 days to December 31, 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 user rights in relation to networks And electronic communications services (Directive " Universal service ") (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 until 1 January 2009 at the latest.


10. ENVIRONMENT
A. -Air quality


1. 31994 L 0063: Directive 94 /63/EC of the European Parliament and of the Council of 20 December 1994 on the control of emissions of volatile organic compounds (VOCs) resulting from the storage of petrol and its distribution of 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).
(a) By way of derogation from Article 3 and Annex I to Directive 94 /63/EC, the requirements for storage facilities existing at the terminals shall not apply in Bulgaria:
-until 31 December 2007 at Existing storage facilities at six terminals with a loading rate of more than 25 000 tonnes per year but less than or equal to 50 000 tonnes per year;
-until 31 December 2009 at existing storage facilities in 19 Terminals with a loading rate of less than or equal to 25 000 tonnes per year.
(b) By way of derogation from Article 4 and Annex II to Directive 94 /63/EC, the requirements for the loading and unloading of mobile tanks Existing in the terminals are not applicable in Bulgaria:
-until 31 December 2007 at 12 terminals with a rate of more than 25 000 tonnes per year but less than or equal to 150 000 tonnes per year;
-until 31 December 2009 at 29 Terminals with a flow rate of less than 25 000 tonnes per year.
(c) By way of derogation from Article 5 and Annex I to Directive 94 /63/EC, the requirements for mobile tanks existing in terminals shall not apply in Bulgaria:
-until 31 December 2007 to 50 tank vehicles;
-until 31 December 2009 at 466 other tank vehicles.
(d) By way of derogation from Article 6 and Annex III to Directive 94 /63/EC, the requirements laid down for Filling of existing storage facilities at service stations shall not apply in Bulgaria:
-until 31 December 2007 at 355 service stations with a flow rate of more than 500 m³ per year but less than or equal to 1 000 m³ by Year;
-until December 31, 2009 at 653 service stations with a throughput of less than or equal to 500 m³ per year.
2. 31999 L 0032: Council Directive 1999 /32/EC of 26 April 1999 on a reduction of the sulphur content of certain liquid fuels and amending Directive 93 /12/EEC (OJ L 121, 11.5.1999, p. 13), 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).
(a) By way of derogation from Article 3 (1) of Directive 1999 /32/EC, the requirements for the sulphur content of heavy fuel oils shall not apply in Bulgaria until 31 December 2011 for local use. During this transitional period, the sulphur content shall not exceed 3.00 % by mass.
(b) By way of derogation from Article 4 (1) of Directive 1999 /32/EC, the requirements laid down for the sulphur content of gas oils shall not apply in Bulgaria until 31 December 2009 for local use. During this transitional period, the sulphur content does not exceed 0.20 % by mass.


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 at the entry and exit of the European Community (OJ L 30, 6.2.1993, p. 1), as last amended by:
-32001 R 2557: Commission Regulation (EC) No 2557/2001 of 28.12.2001 (OJ L 349, 31.12.2001, p. (1).
(a) Until 31 December 2004, all shipments to Bulgaria of waste which are intended to be valued and listed in Annex II to Regulation (EEC) No 259/93 shall be notified to the competent authorities and treated in accordance with Articles 6, 7 and 8 of this Regulation.
(b) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the Bulgarian competent authorities may raise, until 31 December 2009, objections to transfers to Bulgaria Which are intended for the recovery of the following waste, listed in Annex III, in accordance with the grounds of objection laid down in Article 4 (3) of that Regulation. These transfers are governed by Article 10 of the
. -Metal Wastes:
-AA 090 Arsenic Waste and Residues.
-AA 100 Mercury Wastes and Residues.
-AA 130 Livers from metal stripping.
AB. -Wastes containing mainly inorganic constituents, which may contain metals and organic
. -Wastes containing mainly organic components, which may contain metals and inorganic materials:
-AC 040 Lead gasoline sludge.
-AC 050 Thermal fluids (heat transfer).
-AC 060 Fluids
-AC 070 Brake fluids.
-AC 080 Antifreeze Fluids.
-AC 110 Phenols, phenolic compounds including chlorophenols, in liquid or sludge form.
-AC 120 Polychlorinated naphthalenes.
-AC 150 Chlorofluorocarbons.
-AC 160 Halons.
-AC 190 Pertussis-Automotive shredding (light fraction).
-AC 200 Organic phosphorus compounds.
-AC 230 Non-aqueous, halogenated or non-halogenated distillation residues, derived Solvent recovery operations.
-AC 240 Wastes from the production of aliphatic halides (such as chloromethanes, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride, and Epichlorohydrin).
-AC 260 Swine manure, feces.
AD. -Wastes that may contain components either inorganic or organic:
-AD 010 Wastes from the production and preparation of pharmaceutical products.
Wastes containing, consisting of, or contaminated by one of the substances
AD 040 Inorganic cyanides, except for residues of precious metals in solid form containing traces of inorganic cyanides.
AD 050 Inorganic cyanides.
-AD 060 Mixtures and emulsions oil/water or Hydrocarbons/water.
-AD 070 Wastes from the production, preparation and use of inks, dyes, pigments, paints, lacquers or varnishes.
-AD 150 Organic materials in the natural state used For the manufacture of filters (such as biological filters).
-AD 160 Municipal/household waste.
This period may be extended until 31 December 2012 at the latest under the procedure referred to in Article 18 of the Directive 75 /442/EEC of 15 July 1975 on waste (1), as amended by Council Directive 91 /156/EEC (2).

(1) 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). (2) OJ L 78, 26.3.1991, p. 32.


(c) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the competent Bulgarian authorities may, until 31 December 2009, raise objections to shipments to Bulgaria of waste Which are intended to be valued and which are listed in Annex IV to the Regulation, and in respect of shipments of waste which are intended to be valued and which are not listed in the annexes to that regulation, in accordance with the grounds of objection Pursuant to Article 4 (3) of the Regulation.
(d) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the competent Bulgarian authorities raise objections to shipments of waste which are intended to be Which are listed in Annexes II, III and IV to the Regulation and in respect of shipments of waste which are intended to be valued and which are not listed in those annexes and whose destination is a facility benefiting from Temporary derogation from certain provisions of Council Directive 96 /61/EC of 24 September 1996 on integrated pollution prevention and control (1) or 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 atmosphere from large combustion plants (2), during the period during which this temporary derogation is applied to the installation of Destination.

(1) OJ L 257, 10.10.1996, p. 26. (2) 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).


2. 31994 L 0062: Directive 94 /62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10), last amended by:
-32004 L 0012: Directive 2004 /12/EC of the European Parliament and of the Council of 11.2.2004 (OJ L 47, 18.2.2004, p. 26).
(a) By way of derogation from Article 6 (1) (a) of Directive 94 /62/EC, Bulgaria has reached the overall rate for recovery or incineration in waste incineration plants with energy recovery for the year 31 December 2011, in accordance with the following intermediate objectives:
-35 % by weight by 31 December 2006 at the latest, 39 % for 2007, 42 % for 2008, 46 % for 2009 and 48 % for 2010.
b) By way of derogation from Article 6, paragraph 1, point (b), of Directive 94 /62/EC, Bulgaria reaches the overall rate for recovery or incineration in waste incineration plants with energy recovery by 31 December 2014, in accordance with the following intermediate objectives :
-50 % by weight for 2011, 53 % for 2012 and 56 % for 2013.
c) By way of derogation from Article 6 (1) (c) of Directive 94 /62/EC, Bulgaria is meeting the recycling target for plastics by 31 December 2009, In accordance with the following intermediate objectives:
-8 % by weight by 31 December 2006 at the latest, 12 % for 2007 and 14.5 % for 2008.
d) By way of derogation from Article 6 (1) (d) of Directive 94 /62/EC, Bulgaria Achieved the overall recycling target by 31 December 2014, in line with the following intermediate targets:
-34 % by weight by 31 December 2006 at the latest, 38 % for 2007, 42 % for 2008, 45 % for 2009, 47 % for 2010, 49 % for 2011, 52 % for 2012 and 54.9 % for 2013.
e) By way of derogation from Article 6 (1) (e) (i) of Directive 94 /62/EC, Bulgaria meets the recycling target for plastics by 31 December 2013, in accordance with the objectives Intermediates:
-26 % by weight for 31 December 2006 at the latest, 33 % for 2007, 40 % for 2008, 46 % for 2009, 51 % for 2010, 55 % for 2011 and 59.6 % for 2012.
f) By way of derogation from Article 6 (1) (e) (iv) Directive 94 /62/EC, Bulgaria achieves the recycling target for plastics, by relying exclusively on materials recycled in the form of plastics, by 31 December 2013, in accordance with the following intermediate objectives :
-17 % by weight for 2009, 19 % for 2010, 20 % for 2011 and 22 % for 2012.
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:
-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 Article 5 (3) (a) and (b) and Annex I, second indent, point 2 of Directive 199 /31/EC and without prejudice to Article 6 (c) (iii) of this Directive and Council Directive 75 /442/EEC of 15 In July 1975 on waste (1), the requirements for liquid, corrosive and oxidizing waste, as well as those designed to prevent seepage of surface water into landfill waste, do not apply to the December 2014, at the following fourteen installations:
1. Sludges settling tank " Polimeri ", Varna, Devnya;
2. " Solvay Sodiy, " Deven " And ash and sludge settling basin " Agropolichim ", Varna, Devnya, Varna commune;
3. Thermal central ash settling basin (CT) " Varna ", Varna, Beloslav;
4. Ash decantation basin " Sviloza ", Veliko Tarnovo, Svishtov;
5. CT to the ash settling tank " Zaharni zavodi ", Veliko Tarnovo, Gorna Oriahovitsa;
6. Ash decantation basin " Vidachim v likvidatsya ", Vidin, Vidin;
7. Ash decantation basin " Toplofikatsia-Ruse ", CT" Ruse-East ", Ruse, Ruse;
8. CT " Republica "," COF-Pernik " And ash settling basin " Kremikovtsi-Rudodobiv ", Pernik, Pernik;
9. " Toplofikatsia Pernik " And settling basin " Solidus " Pernik, Pernik, Pernik;
10. CT ash settling basin " Bobov dol ", Kyustendil, Bobov dol;
11. Ash decantation basin " Brikel ", Stara Zagora, Galabovo;
12. Ash decantation basin " Toplofikatsia Sliven ", Sliven, Sliven;
13. CT ash settling basin " Maritsa 3 ", Haskovo, Dimitrovgrad;
14. CT ash settling basin " Maritsa 3 ", Haskovo, Dimitrovgrad.

(1) OJ L 194, 25.7.1975, p. 39. Directive as amended by Directive 91 /156/EEC and last by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).


Bulgaria shall ensure that the quantity of waste discharged into these 14 existing non-conforming installations is progressively reduced in accordance with the following annual maximum quantities:
-for the 31 December 2006: 3,020 000 tonnes;
-by 31 December 2007: 3 010 000 tonnes;
-by 31 December 2008: 2 990 000 tonnes;
-by 31 December 2009: 1 978 000 tonnes;
-by 31 December 2010: 1 940 000 tonnes;
-for 31 December 2011: 1 929 000 tonnes;
-by 31 December 2012: 1 919 000 tonnes;
-by 31 December 2013: 1 159 000 tonnes;
-by 31 December 2014: 1 039 000 tonnes.
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:
-32003 L 0108: Directive 2003 /108/EC of the European Parliament and of the Council of 8.12.2003 (OJ L 345, 31.12.2003, p. 106).
By way of derogation from Article 5 (5) and Article 7 (2) of Directive 2002 /96/EC, Bulgaria shall attain the quantity of WEEE produced by households and shall be subject to a selective collection of at least four kilograms On average per capita and per year, the recovery rate and the rate of reuse and recycling of components, materials and substances for December 31, 2008.


C. -Water quality


31991 L 0271: Council Directive 91 /271/EEC of 21 May 1991 on the treatment of urban waste water (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 and 4 and Article 5 (2) of Directive 91 /271/EEC, the requirements for the collection and treatment systems for urban waste water are not fully applicable in Bulgaria Until 31 December 2014, however, the following intermediate objective must be complied with:
-by 31 December 2010, compliance with the Directive for agglomerations with a resident equivalent greater than 10 000.


D. -Industrial pollution and risk management


1. 31996 L 0061: Council Directive 96 /61/EC of 24 September 1996 on integrated pollution prevention and control (OJ L 257, 10.10.1996, p. 26), 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 Article 5 (1) of Directive 96 /61/EC, the requirements for the granting of an authorisation for existing installations shall not apply in Bulgaria to the following installations up to the date of Specified for each facility with respect to the requirement to operate these facilities in accordance with emission limit values or equivalent technical parameters or measures, which are based on best practices Available, in accordance with Article 9, paragraphs 3 and 4:
Until 31 December 2008:
- " Yambolen " -Yambol (activity 4.1 h);
- " Verila " -Ravno Pole (activity 4.1);
- " Lakprom " -Svetovrachane (activity 4.1 b);
- " Orgachim " -Ruse (activity 4.1 j);
- " Neochim " -Dimitrovgrad (activity 4.1 b).
Until 31 December 2009:
- " Eliseyna " Gara Eliseyna (activity 2.5 a).
Until December 31, 2011:
-thermal power station (CT) " Ruse-East " - Ruse (activity 1.1);
-CT " Varna " -Varna (activity 1.1);
-CT " Bobov Dol " -Sofia (activity 1.1);
-CT to " Lukoil Neftochim " -Burgas (activity 1.1);
- " Lukoil Neftochim " -Burgas (activity 1.2);
- " Kremikovci " - Sofia (activity 2.2);
- " Radomir Metali " -Radomir (activity 2.3 b);
- " Solidus " -Pernik (activity 2.4);
- " Berg Montana Fitingi " -Montana (activity 2.4);
- " Energoremont " -Kresna (activity 2.4);
- " Chugunoleene " -Ihtiman (activity 2.4);
- " Alkomet " -Shumen (activity 2.5 b);
- " Start " -Dobrich (activity 2.5 b);
- " Alukom " -Pleven (activity 2.5 b);
- " Energiya " -Targovishte (activity 2.5 b);
- " Uspeh " -Lukovit (activity 3.5);
- " Keramika " -Burgas (activity 3.5);
- " Stroykeramika " -Mezdra (activity 3.5);
- " Stradlja Keramika " -Stradlja (activity 3.5);
- " Balkankeramiks " -Novi Iskar (activity 3.5);
- " Shamot " -Elin Pelin (activity 3.5);
-ceramics factory-Dragovishtitsa (activity 3.5);
- " Fayans " -Kaspichan (activity 3.5);
- " Solvay Sodi " -Devnya (activity 4.2 d);
- " Polimeri " -Devnya (activity 4.2 c);
- " Agropolichim " -Devnya (activity 4.3);
- " Neochim " -Dimitrovgrad (activity 4.3);
- " Agrija " -Plovdiv (activity 4.4);
- " Balkanpharma " -Razgrad (activity 4.5);
- " Biovet " -Peshtera (activity 4.5);
- " Catchup-frukt " -Aitos (activity 6.4 b);
- " Bulgarikum " -Burgas (activity 6.4 c);
- " Serdika 90 " -Dobrich (activity 6.4 c);
- " Ekarisaj " -Varna (activity 6.5);
- " Ekarisaj Bert " -Burgas (activity 6.5).
After a procedure Fully coordinated, these facilities receive, before October 30, 2007, authorisations with a binding timetable for achieving full compliance. These authorisations shall ensure, by 30 October 2007, compliance with the general principles of the operator's fundamental obligations as defined in Article 3 of the Directive.
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 atmosphere from large combustion plants (OJ L 309, 27.11.2001, p. 1), as amended by:
-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).
(a) By way of derogation from Article 4 (3) and Part A of Annexes III, IV and VII to Directive 2001 /80/EC, emission limit values for sulphur dioxide and dust shall not apply in Bulgaria to The following installations up to the date specified for each unit of said installations:
CT " Varna " :
-drive 1 until December 31, 2009;
-drive 2 until December 31, 2010;
-drive 3 until December 31, 2011;
-drive 4 until December 31, 2012;
-drive 5 until December 31, 2013;
-drive 6 until December 31, 2014.
CT " Bobov dol " :
-drive 2 until December 31, 2011;
-drive 3 until December 31, 2014.
CT " Ruse-East " :
- Units 3 and 4 until December 31, 2009;
-units 1 and 2 until December 31, 2011.
CT to " Lukoil Neftochim " Burgas:
-drives 2, 7, 8, 9, 10, and 11 until December 31, 2011.
During this transition period, emissions from Sulphur and dust oxides of all combustion plants covered by Directive 2001 /80/EC do not exceed the following intermediate ceilings:
-for 2008: 179,700 tonnes of SO2 per year; 8,900 tonnes of dust per year ;
-for 2012: 103 000 tonnes of SO2 per year; 6 000 tonnes of dust per year.
b) By way of derogation from Article 4 (3) and Annex VI, Part A of Directive 2001 /80/EC, emission limit values for nitrogen oxides Are not applicable in Bulgaria until 31 December 2011 for units 2, 7, 8, 9, 10 and 11 of the CT combustion plant to " Lukoil Neftochim " Burgas.
During this transitional period, emissions of nitrogen oxides from all Combustion plants covered by Directive 2001 /80/EC do not exceed the following intermediate ceilings:
-for 2008: 42,900 tonnes per year;
-for 2012: 33 300 tonnes per year.
c) Bulgaria presents to the Commission, for On 1 January 2011, an updated plan, including an investment plan, relating to the gradual alignment of facilities which would still not be in conformity, clearly specifying the stages of the application of the acquis. These plans shall ensure a further reduction of emissions at a level significantly below the intermediate objectives specified in points (a) and (b), in particular for emissions during the period 2012-2014. If the Commission, having regard in particular to the effects on the environment and the need to reduce distortions of competition in the internal market resulting from the transitional measures, considers that these plans are not sufficient to achieve the It informs Bulgaria of its objectives. In the following three months, Bulgaria communicates the measures it has taken to achieve these objectives. If, subsequently, the Commission considers, after consulting the Member States, that these measures are not sufficient to achieve those objectives, it shall initiate an infringement procedure in accordance with Article 226 of the EC


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A P P E N D I C E À L' A N N E X E V I
Chapter I
List of milk processing establishments that process or process non-compliant milk
referred to in Chapter 4, Section B, point (a) of Annex VI


You can view the table in OJ
No. 22 of 26/01/2007 text number 6




Chapter II
List of establishments that transform both the compliant and the Non-conforming milk
referred to in Chapter 4, Section B, points a) and c), of Annex VI


You can consult the table in OJ
No 22 of 26/01/2007 text number 6



A N N E X E V I I
LIST REFERRED TO IN ARTICLE 23 OF THE ACCESSION ACT:
TRANSITIONAL MEASURES-ROMANIA
1. FREE MOVEMENT OF PERSONS


Treaty establishing the European Community.
31968 R 1612: Council Regulation (EEC) No 1612/68 of 15 October 1968 on the free movement of workers within the Community Community (OJ L 257, 19.10.1968, p. 2), as last amended by:
-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 on 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 members of their families to move and reside freely within the territory of the Member States, Amending Regulation (EEC) No 1612/68 and repealing Directives 64/2 2 1/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 39 and the first paragraph of Article 49 of the EC Treaty shall fully apply only subject to the transitional provisions laid down in paragraphs 2 to 14 in respect of the free 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.
2. By way of derogation from Articles 1 to 6 of Regulation (EEC) No 1612/68 and until the end of a period of two years following the date of accession, the existing Member States shall apply national measures, or measures resulting from bilateral agreements, which Regulate the access of Romanian nationals to their labour market. The current Member States may continue to apply these measures up to the end of the five-year period following the date of accession.
Romanian nationals legally working in a current Member State on the date of accession and who Shall be admitted to the labour market of that Member State for an uninterrupted period equal to or greater than twelve months, may benefit from access to the labour market of that Member State, but not to the labour market of other Member States which Apply national measures.
Romanian nationals admitted to the labour market of a current Member State following accession for an uninterrupted period equal to or greater than twelve months also benefit from the same Rights.
Romanian nationals referred to in the second and third subparagraphs shall cease to enjoy the rights provided for in those subparagraphs if they voluntarily leave the labour market of the present Member State in question
Romanians who work legally in a current Member State on the date of accession, or during a period when national measures are applied, and which are admitted to the labour market of that Member State for a period of less than twelve months Do not have 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 referred to in paragraph 2 on the basis of a report by the Commission
The end of the two-year period following the date of accession, the current Member States shall inform the Commission whether they continue to apply national measures or measures resulting from bilateral agreements, or whether they now apply the Articles 1 to 6 of Regulation (EEC) No 1612/68. Failing this notification, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply.
4. A further examination may take place at the request of Romania. The procedure referred to in paragraph 3 shall apply and shall be completed within six months of the receipt of the request from
. A Member State now taking national measures or measures resulting from bilateral agreements at the end of the five-year period referred to in paragraph 2 may extend them, after notifying the Commission, up to the end of the seven-year period Following the date of accession if the labour market undergoes or is threatened with serious disturbance. Failing this notification, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply.
6. During the seven-year period following the date of accession, the Member States in which, by virtue of paragraph 3, 4 or 5, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply in respect of Romanian nationals, and who issue Work permits to Romanian nationals for observation during this period will do so automatically.
7. 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 may resort to the procedures provided for in the following paragraphs up to the end The period of seven years following the date of accession.
Where a Member State referred to in the first subparagraph undergoes or foresees disturbances in its labour market which could pose a serious threat to the standard of living or employment in a region or Profession, it shall notify the Commission and the other Member States by providing them with all relevant indications. On the basis of these indications, the Member State may request the Commission to declare that the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is wholly or partly suspended in order to ensure the recovery of the situation in That region or profession. The Commission shall decide on the suspension, as well as the duration and scope of the suspension, no later than two weeks after having received the application and shall inform the Council of its decision. Within two weeks after the Commission has taken its decision, any Member State may request the annulment or amendment of that decision by the Council. The Council shall act on this request by a qualified majority within two weeks.
In urgent and exceptional cases, a Member State referred to in the first subparagraph may suspend the application of Articles 1 to 6 of Regulation (EEC) No 1612/68; It sends a reasoned notification to the Commission.
8. As long as the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended pursuant to paragraphs 2 to 5 and 7, Article 23 of Directive 2004 /38/EC applies, as far as the right of members of the family of workers is concerned To be employed, in Romania as regards nationals of the current Member States and in the current Member States with regard to Romanian nationals, under the following conditions:
-the spouse of a worker and their Descendants of less than twenty-one years or dependants who are legally residing with the worker in the territory of a Member State on the date of accession shall immediately have access to the labour market of that Member State from that date. This provision shall not apply to members of the family of a worker lawfully admitted to the labour market of that Member State for less than 12 months;
-the spouse of a worker and their descendants less than Twenty-one years or a dependant legally residing with the worker in the territory of a Member State from a date later than the date of accession, but during the period of application of the abovementioned transitional provisions, have access To the labour market of the Member State concerned when they have been resident in that Member State for at least 18 months or from the third year following the date of accession, whichever is the
. Without prejudice to more favourable measures, whether national or the result of bilateral agreements.
9. To the extent that the provisions of Directive 2004 /38/EC which reproduce the provisions of Directive 68 /360/EEC (1) cannot be dissociated from those of Regulation (EEC) No 1612/68, the application of which is deferred pursuant to paragraphs 2 At 5 and 7 and 8, Romania and the current Member States may derogate from these provisions to the extent necessary for the application of paragraphs 2 to 5 and 7 and 8.

(1) Council Directive 68 /360/EEC of 15 October 1968 on the deletion Restrictions on the movement and residence of workers of the Member States and their families within the Community (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).


10. Where national measures or measures resulting from bilateral agreements are applied by the present Member States under the transitional provisions referred to above, Romania may maintain in force equivalent measures in respect of Nationals of the Member State or Member States in question.
11. If the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by one of the present Member States, Romania may resort to the procedures provided for in paragraph 7 with regard to Bulgaria. During this period, work permits issued by Romania for observation purposes to Bulgarian nationals are issued automatically.
12. A current Member State which applies national measures in accordance with paragraphs 2 to 5 and 7 to 9 may decide, pursuant to its domestic law, to grant greater freedom of movement than that existing on the date of accession, including Full access to the labour market. From the third year following the date of accession, a current Member State applying national measures may decide at any time to apply Articles 1 to 6 of Regulation (EEC) No 1612/68 instead of those measures. The Commission is informed of this decision.
13. To deal with serious disturbances or threats of serious disruption in certain sensitive areas of labour market services that may arise in certain regions as a result of the provision of transnational services, As defined in Article 1 of Directive 96 /71/EC, and as long as they apply to the free movement of Romanian workers, by virtue of the abovementioned transitional provisions, national measures or resulting measures Bilateral agreements, Germany and Austria may, after notifying the Commission, derogate from the first paragraph of Article 49 of the EC Treaty with a view to limiting, in the context of the provision of services by undertakings established in Romania, The temporary movement of workers whose right to accept work in Germany and Austria is subject to national measures.
The list of services which may be affected by this derogation is as follows: :
-en Germany:


You can view the table in OJ
No 22 of 26/01/2007 text number 6



-in Austria:


You can view the table in OJ
No 22 of 26/01/2007 text number 6



To the extent that Germany or Austria derogates from the first paragraph of Article 49 of the EC Treaty, in accordance with the preceding subparagraphs, Romania may, after having informed the The Commission, take equivalent measures.
The application of this paragraph shall not create, for the temporary movement of workers in the context of the provision of transnational services between Germany or Austria and Romania, conditions that are more restrictive than those prevailing on the date of signature of the Accession
. The application of paragraphs 2 to 5 and 7 to 12 shall not have the effect of creating conditions of access more restrictive to the labour market of the current Member States for Romanian nationals than those existing at the date of signature of the Treaty Notwithstanding
application of the provisions laid down in paragraphs 1 to 13, the present Member States shall give preference to workers who are nationals of Member States rather than to workers who are nationals of Third countries with regard to access to their labour market during periods of application of national measures or measures resulting from bilateral agreements.
Romanian migrant workers and their families residing and working Lawfully in another Member State or migrant workers from other Member States and their families lawfully resident and working in Romania are not treated in a more restrictive way than those originating from a third State And who reside and work in that Member State or in Romania, as the case may be. In addition, in application of the principle of Community preference, migrant workers from third countries who reside and work in Romania are not treated more favourably than Romanian nationals.


2. LIBRE SERVICE DELIVERY


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 to Romania until 31 December 2011. Romania shall ensure that its investor compensation system guarantees coverage of at least EUR 4 500 from 1 January 2007 to 31 December 2007, from at least EUR 7 000 from 1 January 2008 to 31 December 2008, of at least EUR 9 000 from 1 From January 2009 to 31 December 2009, at least EUR 11 000 from 1 January 2010 to 31 December 2010, and at least EUR 15 000 from 1 January 2011 to 31 December 2011.
During the transitional period, the other Member States will retain the right to To prevent a branch of a Romanian investment firm established in their territory from carrying on business, unless the branch has acceded to a system of indemnification of investors officially recognised in the territory Of the Member State concerned and until it has acceded to such a system, in order to cover the difference between the level of compensation proposed by Romania and the minimum level referred to in Article 4 (1) of Directive 97 /9/EC.


3. FREE CIRCULATION OF CAPITAL


Treaty on European Union.
Treaty establishing the European Community.
1. Notwithstanding the obligations laid down in the Treaties on which the European Union is founded, Romania may maintain in force for a period of five years from the date of accession the restrictions provided for in its legislation in force at Moment of signature of the Treaty of Accession with regard to the acquisition of property rights on land intended for the establishment of a secondary residence by nationals of the Member States or States Parties to the Agreement on The European Economic Area (EEA Agreement) which does not reside in Romania and by companies incorporated in accordance with the law of another Member State or of a State Party to the EEA Agreement which are not established in Romania and which have neither
nationals of the Member States and nationals of the States party to the Agreement on the European Economic Area lawfully resident in Romania shall not be subject to the provisions referred to in the Any rules and procedures other than those applicable to Romanian nationals.
2. Notwithstanding the obligations laid down in the Treaties on which the European Union is founded, Romania may maintain in force for a period of seven years from the date of accession the restrictions provided for in its legislation in force at Moment of signature of the Accession Treaty with regard to the acquisition of agricultural land, forests and silviculture by nationals of the Member States, by nationals of the States Parties to the Agreement on the Economic Area And by companies incorporated in accordance with the law of another Member State or of a State Party to the EEA Agreement which are neither established nor registered in Romania. In no case, with regard to the acquisition of agricultural land, forests or silvicultural land, a national of a Member State may be treated less favourably than on the date of signature of the Treaty of Accession or more A national of a third country.
Self-employed farmers who are nationals of another Member State who wish to settle and reside in Romania shall not be subject to the provisions referred to in the preceding paragraph or All procedures other than those applicable to Romanian nationals.
A general review of these transitional measures shall be carried out in the third year following the date of accession. To this end, the Commission shall submit a report to the Council. The Council may, acting unanimously on a proposal from the Commission, decide to shorten the transitional period referred to in the first subparagraph or to terminate it.


4. COMPETITION POLICY
A. -Tax aids


1. Treaty establishing the European Community, Title VI, Chapter 1. -The competition rules.
(a) Notwithstanding Articles 87 and 88 of the EC Treaty, Romania may continue to grant undertakings which have received the permanent certificate of investor in a disadvantaged area before 1 July 2003 of the Corporate tax exemptions pursuant to the Government Emergency Ordinance No. 24/1998 on Disadvantaged Areas, as amended:
-for three less-favoured areas (Brad, Valea Jiului, Balan) to 31 December 2008 included;
-for 22 disadvantaged areas (Comanesti, Bucovina, Altan Tepe, Filipesti, Ceptura, Albeni, Schela, Motru Rovinari, Rusca Montana, Bocsa, Moldova Noua-Anina, Baraolt, Apuseni, Stei-Nucet, Borod Suncuius-Dobresti-Vadu Crisului, Popesti-Derna-Alesd, Ip, Hida-Surduc-Jibou-Balan, Sarmasag-Chiejd-Bobota, Baia Mare, Borsa Viseu, Rodna) until 31 December 2009 inclusive;
-for three disadvantaged areas (Cugir, Zimnicea, Copsa Mica) up to 31 December 2010 inclusive,
aux The following conditions apply:
State aid is granted to regional investments:
-the net intensity of regional aid must not exceed 50 % net subsidy equivalent. This limit can be increased by 15 points for small and medium-sized enterprises, provided that the total net aid intensity does not exceed 75 %;
-if the company operates in the automotive sector (1), the total amount of the aid cannot Exceed 30 % of the investment costs eligible for aid;
-the period used to calculate the amount of aid to be included within the limit of the abovementioned ceilings starts on 2 January 2003; all the aid requested and obtained On the basis of the profits prior to that date are not taken into account in the calculation;
-to calculate the total amount of the aid, account shall be taken of all the aid granted to the beneficiary in respect of costs which may open Aid, including aid granted under other schemes and irrespective of origin (local, regional, national or Community);
-costs which may be eligible for aid are defined by reference to the guidelines Concerning State aid for regional purposes (2);
-costs which may be eligible for aid are those incurred between 2 October 1998 (i.e. the date of entry into force of the scheme established by the government order) 24/1998 on disadvantaged areas) and 15 September 2004.

(1) In the sense of Annex C of the Commission communication entitled ' Multisectoral framework for regional aid for large projects Investment " (OJ C 70, 19.3.2002, p. 8). Last amended and published in OJ C 263, 1.11.2003, p. 3. (2) OJ C 74, 10.3.1998, p. 9. Guidelines as last amended and published in OJ C 258, 9.9.2000, p. 5.


b) Romania provides the Commission with:
-two months after the date of accession, information on compliance with the conditions set out above;
-end of December 2010 at the latest, information on costs May open the right to assistance under the Government Emergency Ordinance No 24/1998 on the abovementioned less-favoured areas, as amended, and which have actually been incurred by the beneficiaries, as well as on The total amount of assistance they received; and
-semi-annual reports on tracking assistance to recipients in the automotive sector.
2. Treaty establishing the European Community, Title VI, Chapter 1. -The competition rules.
(a) Notwithstanding Articles 87 and 88 of the EC Treaty, Romania may continue to grant undertakings which have signed commercial contracts with the administrations of the free zones before 1 July 2002 of the Exemption from the levy on the basis of Law No 84/1992 on free zones, as amended, until 31 December 2011 under the following conditions:
State aid is granted to regional investments:
-intensity Net of regional aid must not exceed 50 % net subsidy equivalent. This limit can be increased by 15 points for small and medium-sized enterprises, provided that the total net aid intensity does not exceed 75 %;
-if the company operates in the automotive sector (1), the total amount of the aid cannot Exceed 30 % of the investment costs eligible for aid;
-the period used to calculate the amount of aid to be included within the limit of the abovementioned ceilings starts on 2 January 2003; all the aid requested and obtained On the basis of the profits prior to that date are not taken into account in the calculation;
-to calculate the total amount of the aid, account shall be taken of all the aid granted to the beneficiary in respect of costs which may open Aid, including aid granted under other schemes and irrespective of origin (local, regional, national or Community);
-costs which may be eligible for aid are defined by reference to the guidelines Concerning State aid for regional purposes (2);
-costs which may be eligible for aid are those incurred between 30 July 1992 (that is, the date of entry into force of the scheme established by Act 84/1992 on Free zones) and 1 November 2004.

(1) For the purposes of Annex C of the Commission communication entitled ' Multisectoral framework for regional aid for major investment projects " (OJ C 70, 19.3.2002, p. 8). Last amended and published in OJ C 263, 1.11.2003, p. 3. (2) OJ C 74, 10.3.1998, p. 9. Guidelines as last amended and published in OJ C 258, 9.9.2000, p. 5.


b) Romania provides the Commission with:
-two months after the date of accession, information on compliance with the above conditions;
-end of December 2011 at the latest, information on costs Which may open the right to aid under Act No 84/1992 on free zones, as amended, and which were actually incurred by the beneficiaries, and on the total amount of aid received by the beneficiaries ; and
-semi-annual reports on tracking assistance to recipients in the automotive sector.


B. -Restructuring of the steel industry


Treaty establishing the Community European, Title VI, Chapter 1. -The competition rules.
1. Notwithstanding Articles 87 and 88 of the EC Treaty, the State aid granted by Romania for the restructuring of specified sectors of the Romanian steel industry between 1993 and 2004 shall be deemed to be compatible with the common market, as long as That:
-the period laid down in Article 9 (4) of Protocol No 2 concerning the ECSC products of the European Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania (1), of the other Has been extended until 31 December 2005;
-the procedures laid down in the national restructuring plan and in the individual business plans on the basis of which the aforementioned protocol has been extended are followed throughout For the period 2002-2008;
-the conditions set out in these provisions and in Appendix A are fulfilled;
-no State aid, whatever the form, shall be granted or paid to the mills subject to the national programme Restructuring from 1 January 2005 to 31 December 2008, end of the restructuring period, and
-no State aid for restructuring is granted or paid to the Romanian steel industry after 31 December 2004. For the purposes of these provisions and in Appendix A, " State aid for restructuring " Any measure concerning steel undertakings which constitutes State aid within the meaning of Article 87 (1) of the EC Treaty and which does not May be regarded as compatible with the common market by virtue of the rules normally applicable in the Community.

(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).


2. Only the undertakings listed in Appendix A, Part I (hereinafter referred to as the " Recipient companies "), can benefit from state aid as part of the Romanian steel industry restructuring programme.
3. The 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 accordance with the conditions laid down in the present provisions and In Appendix A, shall be completed by 31 December 2008 at the latest (date shown below under the name " The end of the restructuring period).
4. A recipient company may not:
a) in the case of a merger with a business not listed in Appendix A, Part I, transmit the benefit of the assistance granted to it; and
(b) take back the assets of a business that is not Appendix A, Part I, and provide the benefit of the assistance granted to it during the period up to December 31, 2008.
5. Any subsequent change in ownership of a beneficiary undertaking shall respect the conditions and principles relating to viability, State aid and capacity reduction which are defined in these provisions and in the Appendix A.
6. Businesses not listed in the list of " Recipient companies " In Appendix A, Part I, do not receive State aid for restructuring or any other aid deemed not to be compatible with the Community rules in question Of State aid and are not required to reduce their capacity in this context. No reduction in capacity of these firms is accounted for for the minimum reduction.
7. The total gross amount of restructuring aid to be approved for each beneficiary undertaking shall be determined on the basis of the justifications for each aid measure provided for in the national restructuring programme and the plans Final individual undertakings which will be approved by the Romanian authorities and subject to the final verification of compliance with the criteria laid down in Article 9 (4) of Protocol No 2 to the European Agreement and the approval of the Council. In any event, the total gross amount of restructuring aid granted and paid during the period 1993-2004 does not exceed 49 985 billion lei (ROL). Below this overall ceiling, the following sub-ceilings or maximum amounts are applied for State aid granted and paid to each beneficiary company in the period 1993-2004:
Ispat Sidex Galati 30 598 billion ROL
Siderurgica Hunedoara 9 975 billion ROL
CS Resita 4 707 billion ROL
IS Câmpia Turzii 2 234 billion ROL
COS Târgoviste 2 399 billion ROL
Donasid (Siderca) Calarasi 72 billion ROL
State aid must Conclude, at the end of the restructuring period, the viability of the companies benefiting from the normal market conditions. The amount and extent of this aid must be strictly limited to what is absolutely necessary in order to restore this viability. Sustainability shall be determined taking into account the reference criteria referred to in Appendix A, Part III.
No further assistance is granted by Romania for the restructuring of its steel industry.
8. The total net capacity reductions to be achieved by the recipient companies for the period 1993-2008 must be at least 2.05 million tonnes.
These capacity reductions are measured on the basis of a closure The final disposal of the hot-rolled steel facilities involved, by physical destruction of a magnitude that does not permit the refurbalization of the facilities in service. The declaration of bankruptcy of a beneficiary undertaking shall not be regarded as a reduction in capacity (1).
The minimum net reduction of 2.05 million tonnes and the dates for the cessation of production and final closure of the Installations concerned must comply with the timetable set out in Appendix A, Part II.

(1) Capacity reductions must be final within the meaning of Commission Decision No 3010 /91/ECSC (OJ L 286, 6.10.1991, p. 20.)


9. Individual business plans are approved in writing by the recipient companies. They are implemented and include, in particular:
a) for Ispat Sidex Galati:
i) the implementation of the investment programme for the modernisation of work, improvement of yields, reduction of costs (in particular for this That is energy consumption) and quality improvement;
ii) orientation towards higher value-added steel flat product market segments; and
iii) improved operational efficiency and Organizational management;
iv) the completion of the company's financial restructuring;
v) the implementation of the investments required to comply with environmental legislation; and
b) for Siderurgica Hunedoara:
i) modernization of facilities to achieve planned sales plan;
ii) improved operational efficiency and organizational management; and
iii) implementation of investments Necessary to comply with environmental legislation;
(c) for IS Câmpia Turzii:
i) increased production of value-added and processed products;
ii) implementation of the investment programme In order to improve the quality of production;
iii) the improvement of operational efficiency and organisational management;
iv) the implementation of the investments necessary to comply with the relevant legislation Environment;
d) for CS Resita:
i) specialisation in semi-finished products to supply the local pipe industry;
ii) closure of inefficient capacities;
iii) implementation of Investments required to comply with environmental legislation;
e) for COS Târgoviste:
i) increase in the share of higher value added products;
ii) program implementation Investment in order to achieve cost reduction, greater efficiency and quality improvement; and
iii) the implementation of the necessary investments to comply with environmental legislation ;
f) for Donasid Calarasi:
i) the implementation of the investment program for labour modernization;
ii) the increase in the share of the finished products; and
iii) the implementation of the investments required to Comply with environmental legislation.
10. Any further changes to the national restructuring programme and individual business plans must be approved by the Commission and, where appropriate, by the
. The implementation of restructuring takes place in conditions of full transparency and on the basis of sound market economy principles.
12. The Commission and the Council shall monitor closely the implementation of the restructuring programme and individual business plans, as well as compliance with the conditions set out in these provisions and in Appendix A before and after accession Until 2009. The Commission is following in particular the main commitments and provisions set out in points 7 and 8 concerning state aid, viability and capacity reductions, in particular on the basis of the criteria for the evaluation of restructuring Statements in point 9 and in Appendix A, Part III. To this end, the Commission shall report to the
. Monitoring includes independent evaluations that are conducted annually from 2005 to 2009.
14. Romania is cooperating fully with regard to the control provisions. In particular:
-Romania shall submit semi-annual reports to the Commission no later than 15 March and 15 September each year, unless the Commission decides otherwise. The first report will have to be presented on 15 March 2005 and the last on 15 March 2009;
-these reports contain all the information required to follow the restructuring process and the reduction and use of capacity, as well as Sufficient financial data to assess whether the conditions and requirements set out in these provisions and in Appendix A have been met. The reports shall contain at least the information indicated in these provisions and in Appendix A, Part IV, that the Commission reserves the right to modify according to the experience acquired in the monitoring process. In addition to the activity reports of the beneficiary companies, a report is also drawn up on the overall situation of the Romanian steel sector, including recent macroeconomic developments;
-Romania requires Companies that they disclose all relevant data which, in other circumstances, would be considered confidential. In its reports to the Council, the Commission shall ensure that confidential information concerning a particular undertaking is not disclosed.
15. An advisory committee made up of representatives of the Romanian authorities and the Commission also meets every six months. Meetings of this advisory committee may also be held in other ways if deemed necessary by the Commission.
16. If the Commission establishes, on the basis of the monitoring, that the existing situation presents substantial deviations from the forecasts of macroeconomic developments, the financial situation of the recipient companies or the assessment of the Viability, it may ask Romania to take appropriate measures to strengthen or modify the restructuring measures of the benefiting companies concerned.
17. In the event that the follow-up reveals:
(a) any of the conditions set out in these provisions and in Appendix A has not been fulfilled, or
(b) any of the commitments made by Romania in the context of the Extension of the period during which it may exceptionally grant State aid for the restructuring of the steel industry under the European Agreement has not been complied with, or
(c), during the period of Restructuring, Romania has granted additional State aid incompatible with the beneficiary undertakings or any steel undertaking, the Commission shall take the necessary steps to require any undertaking concerned to Repayment of any aid granted in breach of the conditions laid down in these provisions and in Appendix A. Where appropriate, the safeguard clauses referred to in Article 37 or Article 39 of the Act shall be applied.


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 by grubbing-up of hybrid varieties which cannot be included in the classification of Varieties of vines which occupy an area of 30 000 hectares. These replanting rights may only be used until 31 December 2014 and exclusively for planting in Vitis vinifera.
The restructuring and conversion of these vineyards will not be eligible for Community support. Article 13 of Regulation (EC) No 1493/1999. However, State aid may be granted for the costs resulting from their restructuring and conversion. Such State aid may not exceed 75 % of the total costs per vineyard.


B. -Veterinary and plant health 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 foodstuffs of animal origin (OJ L 139, 30.4.2004, p. 55).
(a) The structural requirements laid down in Annex II, Chapter II, of Regulation (EC) No 852/2004 and in Annex III, Section I, Chapters II and III, Annex III, Section II, Chapters II and III, and Annex III, Section V, Chapter I of Regulation (EC) No 853/2004, do not apply to the establishments in Romania listed in Appendix B to this Annex before 31 December 2009, subject to the following conditions.
(b) As long as the establishments referred to in point (a) Benefit from the provisions of this point, products originating in those establishments are exclusively placed on the domestic market or subject to other transformations in establishments in Romania also covered by the provisions of point (a), Regardless of the date of commercialization. These products must bear a different safety or identification mark than that provided for in Article 5 of Regulation (EC) No 853/2004.
The preceding subparagraph shall also apply to all products originating from integrated establishments in the Meat sector if part of the establishment is subject to the provisions of point (a).
(c) The milk processing establishments listed in Appendix B to this Annex may, until 31 December 2009, receive deliveries Raw milk not in accordance with the requirements set out in Annex III, Section IX, Chapter I, Parts II and III of Regulation (EC) No 853/2004 or having been manipulated in accordance with those requirements, provided that the holdings of which Supplies of milk are included on an updated list for this purpose by the Romanian authorities. Romania shall submit annual reports to the Commission on the progress made in the upgrading of these dairy farms and the milk collection system.
d) Romania shall ensure gradual compliance with the structural requirements Subject to point (a). Before the date of accession, Romania shall submit to the Commission an upgrade plan approved by the competent national veterinary authority for each of the establishments covered by the provisions of point (a) and listed in Appendix B. The plan Contains a list of all the deficiencies with regard to the requirements referred to in point (a) and indicate the intended date for filling them. Romania shall submit annual reports to the Commission on the progress made in each of the institutions. Romania shall ensure that only those establishments which comply fully 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 (1), update Appendix B to this Annex before accession and until 31 December 2009 and, in this context, may add or remove institutions, in the light of the progress made in the correction of deficiencies
for implementing the transitional arrangements referred to above may be adopted in accordance with the procedure referred to in Article 58 of Regulation (EC) No 178/2002.

(1) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and general requirements of food law, establishing the European Safety Authority Food safety procedures (OJ L 31, 1 February 2002, p. 1). Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245, 29 September 2003, p. 4).


II. -Plant health 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 transmission of the information referred to in Annex II and Annex III to Directive 91 /414/EEC for the Plant protection products currently authorised in Romania and marketed exclusively in the Romanian territory containing copper (sulphate, oxychloride or hydroxide), sulphur, acetochlore, dimethoate and 2,4-D compounds, to Condition that these components are then set out in Annex I to that directive. The above deadlines can be carried forward no later than December 31, 2009, except for 2,4-D, for which the deadline cannot be extended beyond December 31, 2008. The above provisions apply only to the undertakings concerned which started before 1 January 2005 to work effectively on the production or acquisition of the data requested.


6. TRANSPORT POLICY


1. 31993 R 3118: Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions for the admission of non-resident carriers to national carriage of goods by road in a Member State (OJ L 279, 12.11.1993, p. 1), as last amended by:
-32002 R 0484: Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1.3.2002 (OJ L 76, 19.3.2002, p. (1).
(a) By way of derogation from Article 1 of Regulation (EEC) No 3118/93 and until the end of the third year following the date of accession, carriers established in Romania shall be excluded from the national carriage of goods by road in Other Member States, and carriers established in other Member States shall be excluded from the national carriage of goods by road in Romania.
(b) Before the end of the third year following the date of accession, the Member States Notify the Commission if they extend this period for a further period of up to two years or if they are now fully applying Article 1 of the Regulation. In the absence of such notification, Article 1 of the Regulation shall apply. Only carriers established in the Member States in which Article 1 of the Regulation applies may ensure the operation of national road transport services in the other Member States in which Article 1 applies
(c) Member States, in which Article 1 of that Regulation applies under point (b), may resort to the procedure described below up to the end of the fifth year following the date of accession
Referred to in the preceding paragraph shall suffer a serious disturbance of its domestic market or of certain segments of that market, caused or aggravated by cabotage, such as a net surplus of supply in relation to the demand or a threat to stability Or for the survival of a large number of road transport undertakings, it shall inform the Commission and the other Member States and provide them with all the relevant details. On the basis of this information, the Member State may request the Commission to suspend, in part or in whole, the application of Article 1 of the Regulation in order to restore the normal
. Data provided by the Member State concerned and shall, within one month from the date of receipt of the request, decide whether or not to adopt safeguard measures. The procedure referred to in Article 7 (3), second, third and fourth paragraphs, and paragraphs 4, 5 and 6 of the Regulation shall apply.
A Member State referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of Article 1 of the Regulation, in which case it shall forward to the Commission a reasoned notification.
(d) As long as Article 1 of the Regulation does not apply in accordance with points (a) and (b), Member States may regulate access to their National road haulage markets by progressively exchanging cabotage authorisations on the basis of bilateral agreements. This may include the possibility of total liberalisation.
e) The application of points (a) to (c) should not result in access to the national markets for the carriage of goods by road more restricted than at the time of signature of the Treaty
2. 31996 L 0053: Council Directive 96 /53/EC of 25 July 1996 laying down, for certain road vehicles circulating in the Community, the maximum dimensions permitted in national and international traffic and the maximum authorised traffic weights International (OJ L 235, 17.9.1996, p. 59), as last amended by:
-32002 L 0007: Directive 2002/7/EC of the European Parliament and of the Council of 18.2.2002 (OJ L 67, 9.3.2002, p. 47).
By way of derogation from Article 3 (1) of Directive 96 /53/EC, vehicles conforming to the limit values of categories 3.2.1, 3.4.1, 3.4.2 and 3.5.1 specified in Annex I to this Directive shall not be used until 31 December 2013 the non-modernised parts of the Romanian road network if they are in conformity with the limit values of weight per axle fixed by Romania.
As from the date of accession, no restrictions may be imposed on the use, by Vehicles meeting the requirements of Directive 96 /53/EC, the main transit axes referred to in Annex 5 to the EC-Romania transport agreement (1) 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 (2), which are listed below:
1. Alba Iulia-Turda-Zalau-Satu Mare-Halmeu (route E 81)
2. Zalau-Oradea-Bors (routes 1 H and E 60);
3. Marasesti-Bacau-Suceava-Siret (route E 85);
4. Tisitta-Tecuci-Husi-Albita (route E 581);
5. Simeria-Hateg-Rovinari-Craiova-Calafat (route E 79);
6. Lugoj-Caransebes-Drobeta-Turnu Severin-Filiasi-Craiova (route E 70);
7. Craiova-Alexandria-Bucharest (Highway 6);
8. Drobeta-Turnu Severin-Calafat (route 56 A);
9. Bucharest-Buzau (roads E 60 /E 85);
10. Bucharest-Giurgiu (roads E 70 /E 85);
11. Brasov-Sibiu (route E 68);
12. Timisaoara-Stamora Moravita.

(1) Agreement between the European Community and Romania on transit by road establishing certain conditions for the carriage of goods by road of 28 June 2001 (OJ L 142, 31.5.2002, p. (2) OJ L 228, 9.9.1996, p. Decision as last amended by Decision No 884 /2004/EC (OJ L 167, 30.4.2004, p. 1).


Romania follows the schedule set out in the table below for the modernisation of its secondary road network as shown on the map below. Any infrastructure investment involving the use of funds from the Community budget is used to construct/modernise the road axes so that they can withstand an axle load of 11.5 tonnes.
At the same time as Completion of modernisation, access to the Romanian secondary road network is gradually being opened up to vehicles in international traffic complying with the limit values laid down in the Directive. For loading and unloading, as far as technical possibilities are concerned, the use of unmodernised parts of the secondary road network shall be authorised throughout the transitional period.
As from the date of accession, all Vehicles in international traffic complying with the limit values laid down in Directive 96 /53/EC may only be subject to temporary additional charges on the Romanian secondary road network if they exceed the national limits Axle load. Such vehicles shall not be subject to such temporary additional charges on the Romanian secondary road network if they exceed the national limits on the dimensions or total weight of vehicles. In addition, vehicles in international traffic complying with the limit values laid down in Directive 96 /53/EC and equipped with a pneumatic suspension pay less than at least 25 %.
Temporary additional charges Provision for the use of non-modernised parts of the secondary network by vehicles in international traffic complying with the limit values laid down by the Directive shall be perceived in a non-discriminatory manner. The royalty regime is transparent and the collection of fees does not impose an administrative burden or undue delay on users, nor does the collection of these charges lead to a systematic monitoring of the limits of Axle load at the border. Compliance with these limits shall be monitored in a non-discriminatory manner throughout the territory and shall also apply to vehicles registered in Romania.
The charges for vehicles not equipped with a pneumatic suspension and According to the limit values laid down in Directive 96 /53/EC do not exceed the level of the fees set out in the table below (figures for 2002). Vehicles equipped with a pneumatic suspension and complying with the limit values laid down in Directive 96 /53/EC pay less than at least 25 %.


Maximum level of charges (2002 figures) For vehicles equipped with a pneumatic suspension
and respecting the limit values laid down in Directive 96 /53/EC


You can consult the table in OJ
No 22 of 26/01/2007 text number 6




Schedule for the modernization of the secondary road network that will be progressively opened
to vehicles complying with the limit values set by Directive 96 /53/EC


You can view the table in OJ
No 22 of 26/01/2007 text number 6





You can view the table in OJ
No 22 of 26/01/2007 text Number 6



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:
-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 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).
By way of derogation from Article 6 (1) of Directive 1999 /62/EC, the minimum rates of taxation laid down in Annex I to the Directive shall not apply until 31 December 2010, in Romania, to vehicles exclusively engaged in the National transport.
During this period, the rates applied by Romania to these vehicles gradually reach the minimum rates of taxation laid down in Annex I to the Directive according to the following timetable:
-for 1 January 2007, the rates applied by Romania are not less than 60 % of the minimum rates laid down in Annex I to the Directive;
-on 1 January 2009, the rates applied by Romania are not less than 80 % of the minimum rates provided for Annex I to the Directive.


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 Of 13.6.1977, p. 1), as last amended by:
-32004 L 0066: Council Directive 2004 /66/EC of 26.4.2004 (OJ L 168, 1.5.2004, p. 35).
For the purposes of applying Article 28 (3) (b) of Directive 77 /388/EEC, Romania may continue to exempt from the value added tax international transport of persons referred to in point 17 of Annex F to the Directive, until the condition laid down in Article 28 (4) of the Directive is fulfilled or until the same exemption is applied by one of the present Member States, whichever is the closest.
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:
-32003 L 0117: Council Directive 2003 /117/EC of 5.12.2003 (OJ L 333, 20.12.2003, p. (49).
By way of derogation from Article 2 (1) of Directive 92 /79/EEC, Romania may postpone the application of the overall minimum excise duty levied on the retail price (all taxes included) for cigarettes belonging to the class The most requested price until 31 December 2009, provided that during this period Romania progressively adjusts its excise rates so that they approximate the overall minimum excise duty provided for in the Directive
Article 8 of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements, detention, movement and control of products subject to excise duty (1) and after informing the Commission thereof, Member States may Maintain, as long as the abovementioned derogation is applicable, the same quantitative limits for cigarettes which may be introduced on their territory from Romania without payment of any additional excise duty Applied to imports from third countries. Member States which make use of this possibility may carry out the necessary checks on the condition that such controls do not impede the proper functioning of the internal market.

(1) 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).


3. 32003 L 0049: Council Directive 2003 /49/EC of 3 June 2003 on a common tax system 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:
-32004 L 0076: Council Directive 2004 /76/EC of 29.4.2004 (OJ L 157, 30.4.2004, p.
Romania is authorised not to apply the provisions of Article 1 of Directive 2003 /49/EC until 31 December 2010. During this transitional period, the rate of tax on interest payments or charges made in favour of an associated company of another Member State or in favour of a permanent establishment of an associated company of a Member State located in Another 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:
-32004 L 0075: Council Directive 2004 /75/EC of 29.4.2004 (OJ L 157, 30.4.2004, p.
(a) By way of derogation from Article 7 of Directive 2003 /96/EC, Romania may apply the following transitional periods:
-until 1 January 2011 to adapt the national level of taxation of unleaded petrol used as Fuel at a minimum level of 359 EUR per 1000 l. The actual tax rate applied to unleaded petrol used as fuel shall not be less than EUR 323 per 1000 l as from 1 January 2008;
-until 1 January 2013 to adapt the national level of taxation of diesel fuel Used as a fuel at a minimum level of EUR 330 per 1000 l. The actual tax rate applied to the fuel oil used as a fuel shall not be less than EUR 274 per 1000 l as from 1 January 2008, and EUR 302 per 1000 l from 1 January 2011.
(b) Notwithstanding Article 9 of the Directive 2003 /96/EC, Romania may apply the following transitional periods:
-until 1 January 2010 to adapt the national level of taxation of natural gas used for non-professional heating purposes to the minimum level of Taxation fixed in Annex I, Table C;
-until 1 January 2010 to adapt the national level of taxation of heavy fuel oil used for district heating purposes to the minimum levels of taxation set out in Annex I, Table C;
-up to 1 January 2009 to adapt the national levels of taxation of heavy fuel oil used for purposes other than district heating at the minimum levels of taxation set out in Annex I, Table C.
The actual tax rate applied to heavy fuel oil products Concerned shall not be less than EUR 13 per 1000 kg from 1 January 2007.
(c) By way of derogation from Article 10 of Directive 2003 /96/EC, Romania may apply a transitional period until 1 January 2010 to adapt the National level for the taxation of electricity at the minimum levels of taxation set out in Annex I, Table C. The actual tax rates applied to electricity shall not be less than 50 % of the relevant minimum Community rate from 1 January 2007.


8. ENERGY


31968 L 0414: Council Directive 68 /414/EEC of 20 December 1968 requiring the Member States of the EEC to maintain a minimum level of crude oil and/or petroleum products (OJ L 308, 23.12.1968, p. 3. 14), as last amended by:
-31998 L 0093: Council Directive 98 /93/EC of 14.12.1998 (OJ L 358, 31.12.1998, p.
By way of derogation from Article 1 (1) of Directive 68 /414/EEC, the minimum level of stocks of petroleum products shall not apply to Romania before 31 December 2011. Romania shall ensure that its minimum level of stocks of petroleum products corresponds, for each of the categories of petroleum products referred to in Article 2, to at least the number of days of average daily domestic consumption Below, as defined in Article 1, paragraph 1:
-68.75 days to 1 January 2007;
-73 days as at 31 December 2007;
-77.25 days as at 31 December 2008;
-81.5 days as at 31 December 2009;
-85.45 days at 31 December 2010;
-90 days to December 31, 2011.


9. ENVIRONMENT
A. -Air quality


31994 L 0063: Directive 94 /63/EC of the European Parliament and of the Council of 20 December 1994 on the control of emissions of volatile organic compounds (VOCs) from the storage of petrol and Its distribution of 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 facilities in terminals shall not apply in Romania:
-until 31 December 2007 at 115 installations of Storage in 12 terminals and until 31 December 2008 at 4 storage facilities in 1 terminal with a loading rate of more than 25 000 tonnes per year, but less than or equal to 50 000 tonnes per year;
-until 31 December 2007 at 138 Storage facilities in 13 terminals, up to 31 December 2008 at 57 storage facilities in 10 terminals and until 31 December 2009 at 526 storage facilities in 63 terminals with load rate less than or equal to 25 000 tonnes per year.
2. By way of derogation from Article 4 and Annex II of Directive 94 /63/EC, the requirements for loading and unloading existing mobile tanks in terminals shall not apply in Romania:
-until 31 December 2007 to 36 loading and unloading facilities in 12 terminals with a flow rate of more than 25 000 tonnes per year, but less than or equal to 150 000 tonnes per year;
-until 31 December 2007 at 82 loading facilities and Unloading in 18 terminals, until 31 December 2008 at 14 loading and unloading facilities and until 31 December 2009 at 114 loading and unloading facilities in 58 terminals with a flow rate of less than or equal to 25,000 Tonnes per year.
3. By way of derogation from Article 5 of Directive 94 /63/EC, the requirements for mobile tanks existing in terminals shall not apply in Romania:
-until 31 December 2007 at 31 tank vehicles;
-until 31 December 2008 to 101 additional tank vehicles;
-until December 31, 2009 at 432 additional tank vehicles.
4. By way of derogation from Article 6 and Annex III to Directive 94 /63/EC, the requirements for filling existing storage facilities at service stations shall not apply in Romania:
-until 31 December 2007 at 116 service stations, until 31 December 2008 at 19 additional service stations and until 31 December 2009 at 106 additional service stations with a flow rate of more than 1 000 m³ per year;
-until 31 December 2007 at 49 service stations, Up to 31 December 2008 at 11 additional service stations and up to 31 December 2009 at 85 additional service stations with more than 500 m³ per year, but less than or equal to 1 000 m³ per year;
-until 31 December 2007 at 23 Service stations, until 31 December 2008 at 14 additional service stations and until 31 December 2009 at 188 additional service stations having a flow rate of less than or equal to 500 m³ per year.


B. -Management of Waste


1. 31993 R 0259: Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste at the entry and exit of the European Community (OJ L 30, 6.2.1993, p. 1), as last amended by:
-32001 R 2557: Commission Regulation (EC) No 2557/2001 of 28.12.2001 (OJ L 349, 31.12.2001, p. (1).
(a) Until 31 December 2015, all shipments to Romania of waste which are intended to be valued and listed in Annex II to Regulation (EEC) No 259/93 shall be notified to the competent authorities and treated in accordance with Articles 6, 7 and 8 of the Regulation.
(b) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, Romanian competent authorities may, until 31 December 2011, raise objections to transfers to Romania Which are intended for the recovery of the following waste, listed in Annex III, in accordance with the grounds of objection laid down in Article 4 (3) of that Regulation. These transfers are governed by Article 10 of the
. -Metal Waste:
-AA 060 Vanadium Cendres and Residues.
-AA 080 Thallium Waste, Debris and Residues.
-AA 090 Arsenic Waste and Residues.
-AA 100 Mercury Wastes and Residues.
-AA 130 Likes from the Metal stripping.
AB. -Wastes containing mainly inorganic components, which may contain metals and organic materials:
-AB 010 Scories, ash and residues not elsewhere specified or included.
-AB 020 Residues from the combustion of Municipal/household waste.
-AB 030 Wastes from surface treatment of metals using non-cyanide products.
-AB 040 Glass debris from cathode-ray tubes and other activated glasses.
-AB 050 Fluoride sludge from Calcium.
-AB 060 Other inorganic fluoride compounds as liquids or sludges.
-AB 080 Used catalysts not listed on the green list.
-AB 090 Aluminum hydrate waste.
-AB 110 Basic solutions.
-AB 120 Inorganic halide compounds, not elsewhere specified or included.
AC. -Wastes containing mainly organic components, which may contain metals and inorganic materials:
-AC 040 Lead gasoline sludge.
-AC 050 Thermal fluids (heat transfer).
-AC 060 Fluids
-AC 070 Brake fluids.
-AC 080 Antifreeze Fluids.
-AC 090 Wastes from the production, preparation and use of resins, latex, plasticizers, glues and adhesives.
-AC 100 Nitrocellulose.
-AC 110 Phenols, phenolic compounds including chlorophenols, in the form of liquids or sludges.
-AC 120 Polychlorinated naphthalenes.
-AC 140 Triethylamine catalysts used in the preparation of sand Smelter.
-AC 150 Chlorofluorocarbons.
-AC 160 Halons.
-AC 190 Pertussis-Automotive shredding (light fraction).
-AC 200 Organic phosphorus compounds.
-AC 210 Non-halogenated solvents.
-AC 220 Solvents Halogenated.
-AC 230 Non-aqueous, halogenated or non-halogenated distillation residues from solvent recovery operations.
-AC 240 Wastes from the production of aliphatic halogenated hydrocarbons (such as chloromethanes, Dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride and epichlorohydrin).
-AC 260 Swine, feces.
-AC 270 Wastewater treatment sludge.
AD. -Wastes that may contain components either inorganic or organic:
-AD 010 Wastes from the production and preparation of pharmaceutical products.
-AD 020 Wastes from production, preparation and The use of biocides and plant protection products.
-AD 030 Wastes from the manufacture, preparation and use of wood preservatives.
Wastes containing, consisting of, or contaminated by one of the Following substances:
AD 040 Inorganic cyanides, except for residues of precious metals in solid form containing traces of inorganic cyanides.
AD 050 Inorganic cyanides.
-AD 080 Non-commercial wastes
-AD 110 Acid solutions.
-AD 120 Ion-exchange resins.
-AD 130 Disposable photographic apparatus, with batteries.
-AD 140 Wastes from industrial pollution control facilities Purification of gaseous releases, not elsewhere specified or included.
-AD 150 Organic materials in the natural state used for the manufacture of filters (such as biological filters).
-AD 160 Municipal/household waste.
- AD 170 Used coal with hazardous characteristics resulting from the use of activated carbon in the inorganic and organic chemicals industry, in the pharmaceutical industry, in the treatment of wastewater, In the cleaning of gases/air and in similar processes.
This period may be extended until 31 December 2015 at the latest under the procedure referred to in Article 18 of Council Directive 75 /442/EEC of 15 July 1975. On waste (1), as amended by Council Directive 91 /156/EEC (2).

(1) 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). (2) OJ L 78, 26.3.1991, p. 32.


(c) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the competent Romanian authorities may, until 31 December 2011, raise objections to shipments to Romania of waste Which are intended to be valued and which are listed in Annex IV to the Regulation, and in respect of shipments of waste which are intended to be valued and which are not listed in the annexes to that regulation, in accordance with the grounds of objection Referred to in Article 4 (3) of the Regulation. This period may be extended by no later than 31 December 2015 in accordance with the procedure laid down in Article 18 of Council Directive 75 /442/EEC of 15 July 1975 on waste (1), as amended by Council Directive 91 /156/EEC (2).

(1) 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). (2) OJ L 78, 26.3.1991, p. 32.


d) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the competent Romanian authorities raise objections to shipments of waste which are intended to be valued and which are Listed in Annexes II, III and IV to the Regulation and in respect of shipments of waste which are intended to be valued and which are not listed in those annexes and whose destination is a temporary derogation from Certain provisions of Council Directive 96 /61/EC of 24 September 1996 on integrated pollution prevention and control (1), Directive 2000 /76/EC of the European Parliament and of the Council of 4 December 2000 on incineration Waste (2) or 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 atmosphere from large combustion plants (3), during the course of the Period during which this temporary derogation is applied to the place of destination.

(1) 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). (2) OJ L 332, 28.12.2000, p. 91. (3) 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).


2. 31994 L 0062: Directive 94 /62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10), last amended by:
-32004 L 0012: Directive 2004 /12/EC of the European Parliament and of the Council of 11.2.2004 (OJ L 47, 18.2.2004, p. 26).
(a) By way of derogation from Article 6 (1) (a) of Directive 94 /62/EC, Romania shall achieve the overall rate for recovery or incineration in waste incineration plants with energy recovery for the year 31 December 2011, in accordance with the following intermediate objectives:
-32 % by weight by 31 December 2006 at the latest, 34 % for 2007, 40 % for 2008, 45 % for 2009 and 48 % for 2010.
b) By way of derogation from Article 6, paragraph 1, point (b), of Directive 94 /62/EC, Romania reaches the overall rate for recovery or incineration in waste incineration plants with energy recovery by 31 December 2013, in accordance with the following intermediate objectives :
-53 % by weight for 2011 and 57 % for 2012.
(c) By way of derogation from Article 6 (1) (c) of Directive 94 /62/EC, Romania is meeting the recycling target for plastics by 31 December 2011, in accordance with Intermediate objectives:
-8 % by weight for 31 December 2006 at the latest, 10 % for 2007, 11 % for 2008, 12 % for 2009 and 14 % for 2010.
d) By way of derogation from Article 6 (1) (d) of Directive 94 /62/EC, the Romania met the overall recycling target for 31 December 2013, in line with the following intermediate targets:
-26 % by weight by 31 December 2006 at the latest, 28 % for 2007, 33 % for 2008, 38 % for 2009, 42 % for 2010, 46 % % for 2011 and 50 % for 2012.
e) By way of derogation from Article 6 (1) (e) (i) of Directive 94 /62/EC, Romania meets the recycling target for glass by 31 December 2013, in accordance with the intermediate objectives :
-21 % by weight by 31 December 2006 at the latest, 22 % for 2007, 32 % for 2008, 38 % for 2009, 44 % for 2010, 48 % for 2011 and 54 % for 2012.
f) By way of derogation from Article 6 (1) (e) (iv) of the Directive 94 /62/EC, Romania is meeting the recycling target for plastics, relying exclusively on materials recycled in the form of plastics, by 31 December 2013, in accordance with the following intermediate objectives:
-16 % in Weight for 2011 and 18 % for 2012.
g) By way of derogation from Article 6 (1) (e) of Directive 94 /62/EC, Romania is meeting the recycling target for wood by 31 December 2011, in accordance with the intermediate objectives Following:
-4 % by weight by 31 December 2006 at the latest, 5 % for 2007, 7 % for 2008, 9 % for 2009 and 12 % for 2010.
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:
-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).
(a) By way of derogation from Article 14 (c) and points 2, 3, 4 and 6 of Annex I to Directive 1999 /31/EC and without prejudice to Council Directive 75 /442/EEC of 15 July 1975 on waste (1) and Directive 91 /689/EEC Council of 12 December 1991 on hazardous waste (2), requirements for water control and leachate management, soil and water protection, gas control and stability, do not apply to 101 discharges Municipalities existing in Romania until 16 July 2017.

(1) OJ L 194, 25.7.1975, p. 39. Directive amended by Directive 91 /156/EEC and last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1). (2) 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).


Romania ensures a progressive reduction in the volume of waste disposed of in these 101 non-conforming municipal landfill sites, in accordance with the following annual maximum quantities:
-for the 31 December 2006: 3 470 000 tonnes;
-by 31 December 2007: 3 240 000 tonnes;
-for 31 December 2008: 2 920 000 tonnes;
-by 31 December 2009: 2 920 000 tonnes;
-by 31 December 2010: 2 900 000 tonnes;
- For 31 December 2011: 2,740 000 tonnes;
-for 31 December 2012: 2 460 000 tonnes;
-for 31 December 2013: 2 200 000 tonnes;
-for 31 December 2014: 1 580 000 tonnes;
-by 31 December 2015: 1 420 000 tonnes Tonnes;
-by 31 December 2016: 1 210 000 tonnes.
b) By way of derogation from Article 5 (3) (a) and (b) and in Annex I, point 2, second indent, of Directive 1999 /31/EC and without prejudice to Article 6 (c) (ii), This Directive and Directive 75 /442/EEC, the requirements for liquid, corrosive and oxidizing waste and for preventing surface water from seeping into landfill waste do not apply in Romania to the 23 Existing facilities listed below until the date specified for each facility:
Until December 31, 2007:
1. S.C. Bega Upsom Ocna Mure, Ocna Mure, Alba Department.
Until December 31, 2008:
2. S.C. Termoelectrica SA-SE Doice sti, Doicest, Dâmbovita department.
3. S.C. Complexul Energetic Rovinari SA, Cicani-Beterega, Gorj department.
4. Raan Drobeta-Turnu Severin-Sucursala Romag-Termo, Drobeta-Turnu Severin, Mehedinti Department.
Until December 31, 2009:
5. Complexul Energetic Craiova-SE Craiova, Valea Manastirii, Dolj Department.
6. Complexul Energetic Craiova-SE Isalnita, Isalnita II, Dolj Department.
7. Complexul Energetic Craiova-SE Isalnita, Isalnita I, Dolj Department.
8. SC ELECTROCENTRALE DEVA SA-SE Paroseni, Caprisoara, Hunedoara Department.
9. SC TERMICA SA Suceava, Suceava, Suceava department.
Until December 31, 2010:
10. SC ELECTROCENTRAL DEVA SA, Bejan, Hunedoara department.
11. SC ALUM Tulcea, Tulcea, Tulcea Department.
Until December 31, 2011:
12. SC UZINA TERMOELECTRICA GIURGIU SA, Giurgiu, Department of Giurgiu.
Until 31 December 2012:
13. CET Bacau, Furnicari-Bacau, Bacau.
14. HC COMPLEXUL ENERGETIC TURCENI, Valea Ceplea, département de Gorj.
15. HC COMPLEXUL ENERGETIC TURCENI, Valea Ceplea, département de Gorj.
16. SC UZINELE SODICE Govora, Govora, Valcea department.
17. SC CET Govora SA, Govora, Valcea department.
Until December 31, 2013:
18. SC CET Arad, Arad, Arad Department.
19. SC ELECTROCENTRALE ORADEA SA, Sãntaul Mic, Department of Bihor.
20. SC ELECTROCENTRALE ORADEA SA, Sãntaul Mic, Department of Bihor.
21. SC ELECTROCENTRALE ORADEA SA, Sãntaul Mic, Department of Bihor.
22. CET II Iasi, Holboca, Iasi department.
23. SC Uzina Electrica Zalau, Hereclean-Panic, department of Salaj.
Romania ensures a gradual reduction in the volume of liquid waste discharged to these 23 existing non-conforming installations, in accordance with the maximum quantities Annual:
-for December 31, 2006: 11 286 000 tonnes;
-for December 31, 2007: 11 286 000 tonnes;
-for December 31, 2008: 11 120 000 tonnes;
-for December 31, 2009: 7 753 000 tonnes;
-for 31 December 2010: 4 803 000 tonnes;
-by 31 December 2011: 3 492 000 tonnes;
-by 31 December 2012: 3 478 000 tonnes;
-by 31 December 2013: 520 000 tonnes.
c) By way of derogation from Article 5 (3) (a) And (b), and in Annex I, point 2, second indent, of Directive 1999 /31/EC and without prejudice to Article 6 (c) (ii) of that Directive and Directive 75 /442/EEC, the requirements for liquid, corrosive and oxidizing waste and for that purpose Which is to prevent surface water from seeping into landfill waste, do not apply in Romania to the following 5 settling ponds up to the date indicated for each of these basins;
Until 31 December 2009:
1. BAITA Stei, Fanate, Bihor Department.
Until December 31, 2010:
2. TRANSGOLD Baia Mare, Aurul-Recea, Maramures Department.
3. MINBUCOVINA Vatra Dornei, Ostra-Valea Straja, Suceava department.
Until 31 December 2011:
4. CUPRUMIN Abrud, Valea Sesei, Alba Department.
5. CUPRUMIN Abrud, Valea Stefancei, Alba Department.
Romania ensures a progressive reduction in the volume of liquid waste landfilled in these 5 existing non-conforming settling ponds in accordance with the annual maximum quantities
-for 31 December 2006: 6 370 000 tonnes;
-for 31 December 2007: 5 920 000 tonnes (including 2 100 000 tonnes of hazardous waste and 3 820 000 tonnes of non-hazardous waste);
-for 31 December 2008: 4 720,000 tonnes Tonnes (of which 2 100 000 tonnes of hazardous waste and 2 620 000 tonnes of non-hazardous waste);
-by 31 December 2009: 4 720 000 tonnes (including 2 100 000 tonnes of hazardous waste and 2 620 000 tonnes of non-hazardous waste);
-for On 31 December 2010: 4 640 000 tonnes (of which 2 100 000 tonnes of hazardous waste and 2 540 000 tonnes of non-hazardous waste);
-by 31 December 2011: 2 470 000 tonnes (only non-hazardous waste).
d) By way of derogation from The second indent of Article 2 (g) of Directive 1999 /31/EC and without prejudice to Directive 75 /442/EEC and Directive 91 /689/EEC, a permanent site which is used for the temporary storage of hazardous waste produced in Romania is not Not considered to be a discharge in Romania until 31 December 2009.
On 30 June of each year, from 30 June 2007, Romania shall provide the Commission with a report on the progressive implementation of the Directive and respect for these Intermediate goals.
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:
-32003 L 0108: Directive 2003 /108/EC of the European Parliament and of the Council of 8.12.2003 (OJ L 345, 31.12.2003, p. 106).
By way of derogation from Article 5 (5) and Article 7 (2) of Directive 2002 /96/EC, Romania shall achieve on 31 December 2008 the selective harvest rate of at least 4 kilograms on average per person per year of WEEE From private households, as well as the recovery rate and rate of reuse and recycling of components, materials and substances.


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:
-31991 L 0692: Council Directive 91 /692/EEC of 23.12.1991 (OJ L 377, 31.12.1991, p. 48).
31984 L 0156: Council Directive 84 /156/EEC of 8 March 1984 concerning limit values and quality objectives for mercury discharges from sectors other than electrolysis of alkali chlorides (OJ L 74, 17.3.1984, p. 49), as amended by:
-31991 L 0692: Council Directive 91 /692/EEC of 23.12.1991 (OJ L 377, 31.12.1991, p. 48).
By way of derogation from Article 3, Annex I to Directive 83 /513/EEC, Article 3 and Annex I to Directive 84 /156/EEC, the limit values for the discharge of cadmium and mercury in the waters referred to in Article 1 of the Directive Council of 4 May 1976 concerning pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (1) shall not apply in Romania until 31 December 2009 at industrial installations Following:
ARIESMIN SA Baia de Aries-Valea Sartas-Baia de Aries-department of Alba;
ARIESMIN SA Baia de Aries-ape de mina-Baia de Aries-department d' Alba;
EM TURT-Turt-Satu Mare department;
SM BAIA BORSA-evacuare Ape de mina Gura Bii-Borsa-Department of Maramures;
SM BAIA BORSA-evacuare ape de mina Burloaia-Borsa-Department of Maramures;
SM BAIA BORSA-evacuare Colbu-Toroioaga-Borsa-Department of Maramures;
EM BAIA SPRIE-Baia Sprie-Department of Maramures;
EM CAVNIC-Cavnic-Department of Maramures;
EM BAIUT-Baiut-Maramures Department;
SC Romplumb SA BAIA MARE-evacuare în transport channel-Baia Mare-Department of Maramures;
SUCURSALA MINIERA BAIA MARE-floatie centrala-Baia Mare-Department of Maramures;
SM BAIA BORSA-evacuare ape floatie-Borsa-department of Maramures;
Romarm Tohan Zarnesti-Zarnesti-Department of Brasov;
SC Viromet SA Victoria-Victoria-Brasov Department;
SC Electrocarbon SA Slatina-R 1-Slatina-Department of Olt;
SC Electrocarbon SA Slatina-R 2-Slatina-Department of Olt;
SC Electrocarbon SA Slatina-R 3-Slatina-Department De Olt;
SC Electrocarbon SA Slatina-R 4-Slatina-department of Olt;
SC Electrocarbon SA Slatina-R 5-Slatina-department of Olt;
SC Electrocarbon SA Slatina-R 6-Slatina-department of Olt;
SC Electrocarbon SA Slatina-R 7-Slatina-department of Olt;
SC GECSAT Tarnaveni-Tarnaveni-Department of Mures;
SGDP BAIA BORSA-Borsa-Department of Maramures;
SPGC SEINI-Seini-Department of Maramures;
SC VITAL BAIA MARE-evacuare Statie-Baia Mare-Department of Maramures;
SC IMI SA BAIA MARE-evacuare statie mina Ilba-Baia Mare-Department of Maramures;
SC WEST CONSTRUCT MINA SOCEA-Valea Socea-Department of Maramures.

(1) 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).


2. 31984 L-0491: Council Directive 84 /491/EEC of 9 October 1984 concerning limit values and quality objectives for hexachlorocyclohexane discharges (OJ L 274, 17.10.1984, p. 11), as amended by:
-31991 L 0692: Council Directive 91 /692/EEC of 23.12.1991 (OJ L 377, 31.12.1991, p. 48).
By way of derogation from Article 3 and Annex I to Directive 84 /491/EEC, the limit values for the 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 (1) do not apply in Romania until 31 December 2009 at the following industrial installations:
SC Sinteza SA Oradea-Oradea-département of Bihor ;
SC OLTCHIM SA Rãmnicu Vãlcea-Ramnicu Vãlcea-département de Vâlcea;
SC CHIMCOMPLEX SA Borzesti-Borzesti-Department of Bacau.

(1) 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).


3. 31986 L 0280: Council Directive 86 /280/EEC of 12 June 1986 concerning limit values and quality objectives for discharges of certain dangerous substances covered by list I of the Annex to Directive 76 /464/EEC (OJ 1986 L 181, 4.7.1986, p. 16), as last amended by:
-31991 L 0692: Council Directive 91 /692/EEC of 23.12.1991 (OJ L 377, 31.12.1991, p. 48).
By way of derogation from Article 3 and Annex II to Directive 86 /280/EEC, the limit values for releases of hexachlorobenzene, hexachlorobutadiene, dichloroethane-1-2, trichloroethylene and trichlorobenzene (TCB) in 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 (1) shall not apply in Romania until 31 December 2009 at Following industrial facilities:
SC NUTRISAM SATU MARE-Ferma MOFTIN-Satu-Mare-Satu Mare Department;
SC MARLIN SA ULMENI-Ulmeni-Maramures Department;
SC PROMET-Satu Mare-Department of Maramures;
ARDUDANA ARDUD-Ardud-department of Maramures;
SM BAIA BORSA-evacuare ape de mina Gura Baii-Borsa-department of Maramures;
SM BAIA BORSA-evacuare Colbu-Toroioaga-Borsa-department of Maramures;
ERS CUG CLUJ-evacuare 3 - Cluj-Napoca-Cluj department;
SC AMATURA CLUJ-6 direct ari-Cluj-Napoca-Cluj department;
SUCURSALA MINIERA. BAIA MARE-floatie centrala-Baia Mare-Department of Maramures;
SC OLTCHIM SA-Ramnicu Valcea-Valcea department;
SC CHIMCOMPLEX SA Borzesti-M 1-Borzesti-Bacau department;
SC Electrocarbon SA Slatina-R 2-Slatina - Department of Olt;
SC TERAPIA CLUJ-decommissioning statie 3 + statie 2-Cluj-Napoca-Department of Cluj;
SC PHOENIX ROMANIA CAREI-Carei-Satu Mare Department;
SC SILVANIA ZALAU-Zalau-Department of Salaj;
SNP PETROM SA - ARPECHIM Pitesti-Pitesti-Department of Arges;
SC TEHNOFRIG CLUJ-evacuare 1-Cluj-Napoca-Department of Cluj;
RBG ELCOND ZALAU-Zalau-Department of Salaj;
SC MUCART CLUJ-Cluj-Napoca-Department of Cluj;
SC CELHART DONARIS SA Braila-Braila-department of Braila;
STRATUS MOB SA Blaj-Blaj-département of Alba.

(1) 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).


4. 31991 L 0271: Council Directive 91 /271/EEC of 21 May 1991 on the treatment of urban waste water (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 and 4 and Article 5 (2) of Directive 91 /271/EEC, the requirements laid down for the collection systems and the treatment of urban waste water do not fully apply in Romania until the 31 December 2018, the following intermediate objectives to be met, however:
-for 31 December 2013, compliance with Article 3 of the Directive has been completed in agglomerations of more than 10 000 inhabitants ;
-by 31 December 2015, compliance with Article 5 (2) of the Directive has been completed in agglomerations of more than 10 000 inhabitants.
Romania shall ensure a gradual increase in the supply of Article 3 collection systems, in accordance with the following minimum global population equivalent rates:
-61 % for 31 December 2010;
-69 % for 31 December 2013;
-80 % for 31 December 2015.
Romania Ensures a gradual increase in the treatment of waste water under Article 4 and Article 5 (2), in accordance with the following minimum overall per capita rates:
-51 % for 31 December 2010;
-61 % for the December 31, 2013;
-77 % for December 31, 2015.
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:
-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 Article 5 (2), Article 8 and Annex I, Parts B and C of Directive 98 /83/EC, the values laid down for the following parameters shall not apply completely to Romania in the following manner: :
-until 31 December 2010 for oxidability in agglomerations of less than 10 000 inhabitants;
-until 31 December 2010 for oxidability and turbidity in agglomerations between 10 000 and 100 000 inhabitants;
- Until 31 December 2010 for oxidability, ammonium, aluminium, pesticides, iron and manganese in agglomerations of more than 100 000 inhabitants;
-until 31 December 2015 for oxidability, nitrates, turbidity, Aluminum, iron, lead, cadmium and pesticides in agglomerations of less than 10 000 inhabitants;
-until 31 December 2015 for ammonium, nitrates, aluminium, iron, lead, cadmium, pesticides and manganese In agglomerations between 10 000 and 100 000 inhabitants.
Romania ensures compliance with the requirements of the Directive, in accordance with the intermediate objectives set out in the following table:


Localities in Compliance for December 31, 2006


You can view the table in OJ
No 22 of 26/01/2007 text number 6


Location in compliance by end of 2010


You Can refer to the table in OJ
No 22 of 26/01/2007 text number 6


This exemption 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 on integrated pollution prevention and control (OJ L 257, 10.10.1996, p. 26), 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 Article 5 (1) of Directive 96 /61/EC, the requirements for the granting of an authorisation for existing installations shall not apply in Romania to the following installations up to the date of Specified for each facility with respect to the requirement to operate these facilities in accordance with emission limit values or equivalent technical parameters or measures, which are based on best practices Available, in accordance with Article 9, paragraphs 3 and 4:
Until 31 December 2008:
1. SC CARBID FOX SA Tãrnaveni (main activity 4.2);
2. SC AVICOLA SA Ferma Gãrleni-Bacau (main activity 6.6 a);
3. STC EXPERT 2001 IMPEX SRL Bistrita-Nasaud (main activity 6.6).
Until December 31, 2009:
4. SC UCM Resita-Caras-Severin (main activity 2.2);
5. SC SICERAM SA Mures (main activity 3.5);
6. SC BEGA UPSOM SA Alba (main activity 4.2);
7. SC CELROM SA Mehedinti (main activity 6.1);
8. SC COMCEH SA Calarasi-Calarasi (main activity 6.1 b);
9. SC ECOPAPER SA Zarnesti-Brasov (main activity 6.1 b);
10. SC RIFIL SA Neamt (main activity 6.2);
11. SC AVICOLA SA Ferma Razboieni-Iasi (main activity 6.6 a);
12. SC AVIMAR SA Maramures (main activity 6.6 a);
13. SC AVICOLA SA Iasi-Ferma Letcani-Iasi (main activity 6.6 a);
14. COMBINATUL AGROINDUSTRIAL Curtici-Arad (main activity 6.6 b);
15. SC AVICOLA SA Slobozia Ferma Bora-Ialomita (main activity 6.6 a);
16. SC SUINTEST Oarja SA-Arges (main activity 6.6 b, c);
17. SC AVICOLA SA Slobozia-Ferma Andrasesti-Ialomita (main activity 6.6 a);
18. SC AVICOLA SA Slobozia-Ferma Pereti-Ialomita (main activity 6.6 a);
19. SC AVICOLA SA Slobozia-Ferma Gheorghe Doja-Ialomita (main activity 6.6 a).
Until 31 December 2010:
20. SC ROMPLUMB SA Maramures (main activity 2.5);
21. SC ROMRADIATOARE SA Brasov (main activity 2.5 b);
22. SC ELECTROMONTAJ SA Bucuresti (main activity 2.6);
23. HOLCIM (Romania) - Campulung Arges Cement (main activity 3.1);
24. SC ETERMED SA Medgidia-Constanta (main activity 3.2);
25. SC CONGIPS SA (Azbest) Bihor (main activity 3.2);
26. SC HELIOS SA Astileu-Bihor (main activity 3.5);
27. SC SOFERT SA Bacau (main activity 4.3, 4.2 b);
28. SC CHIMOPAR SA Bucuresti (main activity 4.1);
29. SC ANTIBIOCTBT SA Iasi (main activity 4.5);
30. SC ROMPETROL PETROCHEMICALS SRL Constanta (main activity 4.1);
31. SC LETEA SA Bacau (main activity 6.1 a);
32. SC ZAHAR Corabia SA-Olt (main activity 6.4 b);
33. SC TARGO SRL Timis (main activity 6.4);
34. SC SUINPROD Roman-Neamt (main activity 6.6 b);
35. SC LUCA SUINPROD SA Codlea-Brasov (main activity 6.6 b);
36. SC AVICOLA Costesti Arges-Arges (main activity 6.6 b);
37. SC AVICOLA SA Platou Avicol Brad-Bacau (main activity 6.6 a);
38. HC AT GRUP PROD IMPEX SRL Olt (main activity 6.6 a);
39. SC AVICOLA SA Ferma Gheraiesti-Bacau (main activity 6.6 a);
40. SC CARNIPROD SRL Tulcea-Tulcea (main activity 6.6 b);
41. SC PIGCOM SA Satu Nou-Tulcea (main activity 6.6 b);
42. SC AGROPROD IANCU SRL Urziceni-Ialomita (main activity 6.6 b);
43. SC CRUCIANI IMPEX SRL Dedulesti-Braila (main activity 6.6);
44. SC AGROFLIP Bontida-Cluj (main activity 6.6 b, c);
45. SC AVICOLA SA Slobozia Ferma Amara-Ialomita (main activity 6.6 a);
46. HC ISOVOLTA GROUP SA Bucuresti (main activity 6.7);
47. SC SAMOBIL SA Satu Mare (main activity 6.7);
48. SC ELECTROCARBON SA Slatina-Olt (main activity 6.8);
49. SC TRANSGOLD SA Baia Mare-Maramures (main activity 2.5).
Until December 31, 2011:
50. SC BODY OF ASAMBLARE SA Brasov (main activity 2.6);
51. HEIDELBERG CEMENT-Fieni Cement Dambovita (main activity 3.1);
52. CARMEUSE Romania SA Arges (main activity 3.1);
53. SC RESIAL SA Alba (main activity 3.5);
54. SOCIETATEA NATIONALA A PETROLULUI PETROM SA Sucursala Craiova, Combinatul Doljchim-Dolj (main activity 4.2, 4.1);
55. SC USG SA Valcea (main activity 4.2 d);
56. SC ULTEX SA Tandarei-Ialomita (main activity 6.4 b);
57. SC CARMOLIMP SRL Vistea de Sus-Sibiu (main activity 6.6 b);
58. SC AVICOLA Buftea-Ilfov (main activity 6.6 a);
59. SC AVICOLA SA Ferma Hemeius-Bacau (main activity 6.6 a);
60. SC SUINPROD SA Zimnicea-Ferma Zimnicea-Teleorman (main activity 6.6 b);
61. SC SUINPROD SA Bilciuresti-Dambovita (main activity 6.6);
62. SC COMPLEXUL OF PORCI Braila SA Baldovinesti-Braila (main activity 6.6 b);
63. SC COMPLEXUL OF PORCI Braila SA Tichilesti-Braila (main activity 6.6 b);
64. SC AT GRUP PROD IMPEX SRL-Teleorman (main activity 6.6 a);
65. SC KING HAUSE ROM Cornetu SRL Filiala Mavrodin-Teleorman (main activity 6.6 a);
66. SC AVIKAF PROD IMPEX SRL-Teleorman (main activity 6.6 a);
67. SC SUINPROD SA Zimnicea-Ferma Dracea-Teleorman (main activity 6.6 b);
68. STC ROMCIP Salcia-Teleorman (main activity 6.6 b);
69. SC AVIPUTNA SA Golesti-Vrancea (main activity 6.6 a);
70. SC NUTRICOM SA Oltenita-Calarasi (main activity 6.6 b);
71. SC PIGALEX SA Alexandria-Teleorman (main activity 6.6 b);
72. SC PIC ROMANIA SRL Vasilati-Calarasi (main activity 6.6 c);
73. SC SUINTEST SA Fierbinti-Ialomita (main activity 6.6 b);
74. SC AGRIVAS SRL Vaslui (main activity 6.6 a);
75. SC AVICOLA Buftea SA Punct de lucrative u Turnu Magurele-Teleorman (main activity 6.6 a);
76. SC C + C SA Resita (main activity 6.6 b).
Until December 31, 2012:
77. SNP PETROM SA Sucursala ARPECHIM Pitesti-Arges (activities 1.2, 4.1);
78. SC ROMPETROL Rafinare SA Constanta (activity 1.2);
79. COMBINATUL OF SPECIFIC OTELURI Tãrgoviste-Dambovita (main activity 2.2, 2.3);
80. SC COMBINATUL DE UTILAJ GREU SA Cluj (main activity 2.2, 2.3 b);
81. SC IAIFO Zalau-Salaj (main activity 2.3 b, 2.4);
82. SC ALTUR SA Olt (main activity 2.5);
83. CNCAF MINVEST SA DEVA Filiala DEVAMIN SA Deva, Exploatarea miniera Deva-Hunedoara (main activity 2.5);
84. SC MONDIAL SA Lugoj-Timis (main activity 3.5);
85. SC MACOFIL SA Targu Jiu-Gorj (main activity 3.5);
86. SC CERAMICA SA Iasi (main activity 3.5);
87. SC FIBREXNYLON SA Neamt (main activity 4.1 b, d; 4.2 b; 4.3);
88. SC CHIMCOMPLEX SA Borzesti-Bacau (main activity 4.1, a, b, c, d, f; 4.2 b, c, d; 4.4);
89. SC PEHART SA Petresti-Alba (main activity 6.1 b);
90. SC TABACO-CAMPOFRIO SA Tulcea (main activity 6.4 a);
91. SC AVICOLA SA Slobozia Ferma Ion Ghica-Ialomita (main activity 6.6 a);
92. SC AVICOLA SA Platou Avicol Aviasan-Bacau (main activity 6.6 a);
93. SC ITAL TRUST Racovita SA-Sibiu (main activity 6.6 b);
94. SC COMTIM GROUP SRL Ferma Parta-Timis (main activity 6.6 b);
95. SC COMTIM GROUP SRL Ferma Padureni-Timis (main activity 6.6 b);
96. SC COMTIM GROUP SRL Ferma Peciu Nou-Timis (main activity 6.6 b);
97. SC COMTIM GROUP SRL Ferma Periam-Timis (main activity 6.6 b);
98. SC COMTIM GROUP SRL Ferma Ciacova-Timis (main activity 6.6 b);
99. SC AVICOLA LUMINA SA-Constanta (main activity 6.6 a).
Until 31 December 2013:
100. SC UNIO SA Satu Mare (main activity 2.3 b);
101. SC ARTROM SA Slatina-Olt (main activity 2.3 b, 2.6);
102. SC IAR SA Brasov (main activity 2.6);
103. SC ARIO SA Bistrita Nasaud (main activity 2.4);
104. SC LAFARGE ROMCIM SA Medgidia-Constanta (main activity 3.1);
105. SC CARS SA Tarnaveni-Mures (main activity 3.5);
106. SC CASIROM SA Cluj (main activity 3.5);
107. SC TURNU SA Turnu Magurele-Teleorman (main activity 4.3, 4.2 b);
108. SC COMBINATUL OF CHIMICE SA Navodari-Constanta (main activity 4.3);
109. SC AMBRO Suceava SA-Suceava (main activity 6.1 a, b);
110. SC ROMSUIN TEST Peris SA-Ilfov (main activity 6.6 a);
111. SC NUTRICOD Codlea Sucursala Sf. Gheorghe-Covasna (main activity 6.6 b);
112. SC HADITON GRUP SRL Arges (main activity 6.6 a).
Until December 31, 2014:
113. SC PETROM SA Rafinaria PETROBRAZI-Prahova (activity 1.2);
114. SC RAFINARIA ASTRA ROMANA SA Ploiesti-Prahova (activity 1.2);
115. SC ROMPETROL Rafinaria VEGA-Prahova (activity 1.2);
116. SC PETROTEL LUKOIL SA-Prahova (activity 1.2);
117. SC ISPAT SIDEX SA Galati (main activity 2.2, 2.3);
118. SC SIDERURGICA SA Hunedoara (main activity 2.2, 2.3);
119. SC KVAERNER IMGB SA Bucuresti (main activity 2.4);
120. SC SOMETRA SA Copsa Mica-Sibiu (main activity 2.5 a, 2.5 b, 2.1, 2.4);
121. SC FERAL SRL Tulcea (main activity 2.5 a);
122. SC METALURGICA SA Aiud-Alba (main activity 2.4, 2.3 b);
123. SC NEFERAL SA Ilfov (main activity 2.5 b);
124. SC INDUSTRIA SARMEI SA Campia Turzii-Cluj (main activity 2.2, 2.3, 2.6);
125. SC METALURGICA SA Vlahita-Harghita (main activity 2.5 b);
126. SC UPETROM 1 Mai SA Prahova (main activity 2.2);
127. SC LAMINORUL SA Braila (main activity 2.3);
128. SC AVERSA SA Bucuresti (main activity 2.4);
129. SC FORMA SA Botosani (main activity 2.3);
130. SC ISPAT TEPRO SA Iasi (main activity 2.3 c);
131. SC URBIS Armati Sanitare SA-Bucuresti (main activity 2.6);
132. SC BALANTA SA Sibiu (main activity 2.6);
133. SC COMMET SA Galati (main activity 2.6);
134. CNACF MINVEST SA Deva Filiala " DEVAMIN " Exploatarea miniera Vetel Hunedoara (main activity 2.5);
135. SC MOLDOMIN SA Moldova Noua-Caras-Severin (main activity 2.5);
136. SC FIROS SA Bucuresti (main activity 3.3);
137. SC SINTER-REF SA Azuga-Prahova (main activity 3.5);
138. SC PRES.C. OM Brasov SA-Brasov (main activity 3.1);
139. SC MELANA IV SA Neamt (activity 4.1);
140. SC OLTCHIM SA Ramnicu Valcea-Valcea (main activity 4.1, 4.2, 4.3);
141. SC AMONIL SA Slobozia-Ialomita (main activity 4.3, 4.2);
142. CAROM SA Bacau (main activity 4.1 a, b, i);
143. AZOCHIM SA Savinesti-Neamt (main activity 4.2);
144. SC UZINA DE PRODUSE SPECIALE Fagaras SA Brasov (main activity 4.6);
145. SC SINTEZA SA Oradea-Bihor (main activity 4.1 g; 4.2 d, e; 4.4);
146. SC CHIMPROD SA Bihor (main activity 4.1 b, 4.5);
147. SC AZUR SA Timisoara-Timis (main activity 4.1);
148. SC PUROLITE SA Victoria-Brasov (main activity 4.1 d, h);
149. SC CELHART DONARIS SA Braila (main activity 6.1);
150. SC VRANCART SA Adjud-Vrancea (main activity 6.1 b);
151. SC PIM SA Sibiu (main activity 6.3);
152. SC DANUBIANA Roman SA Neamt (main activity 6.4 b);
153. SC ZAHARUL Romanesc SA Tandarei-Ialomita (main activity 6.4 b);
154. SC VAS.C. AR SA Vaslui (main activity 6.4 a);
155. SC MULTIVITA SA Negru Voda-Constanta (main activity 6.5);
156. SC SUINPROD SA Prahova (main activity 6.6 a);
157. SC AVICOLA SA Ferma Serbanesti-Bacau (main activity 6.6 a);
158. SC AVICOLA BUCURESTI SA Punct de lucrative CSHD Mihailesti (main activity 6.6 a);
159. SC SUINPROD SA Bumbesti Jiu-Gorj (main activity 6.6 a);
160. SC SIBAVIS SA Sibiu-Sibiu (main activity 6.6 a);
161. SC OLTCHIM SA Ramnicu. Valcea Ferma 1 Francesti-Valcea (main activity 6.6 a);
162. SC AVIA AGROBANAT SRL Bocsa-Resita (main activity 6.6 a);
163. SC AVICOLA Gaiesti SA-Dambovita (main activity 6.6 a);
164. SC VENTURELLI PROD SRL Sibiu (main activity 6.6 b);
165. SC OLTCHIM SA Ramnicu Valcea Ferma Budesti-Valcea (main activity 6.6 a);
166. SC OLTCHIM SA Ramnicu Valcea Ferma Babeni Mihaiesti-Valcea (main activity 6.6 a);
167. SC OLTCHIM SA Ramnicu Valcea Ferma 2 Francesti-Valcea (main activity 6.6 a);
168. SC OLTCHIM SA Ramnicu Valcea ferma Babeni-Valcea (main activity 6.6 a);
169. SC AVICOLA Bucuresti SA Sucursala Cluj-Saliste-Cluj (main activity 6.6 a);
170. SC AVICOLA Bucuresti SA Sucursala CSHD Codlea-Brasov (main activity 6.6 a);
171. SC Cereal Prod SA-Galati (main activity 6.6 a);
172. SC AVICOLA Mangalia SA Constanta (main activity 6.6 a);
173. SC AVICOLA SA Constanta-Constanta (main activity 6.6 a);
174. SC AVICOLA BUCURESTI SA Punct de lucrative u Butimanu-Dâmbovita (main activity 6.6 a);
175. SC EUROPIG SA Poiana Marului-Brasov (main activity 6.6 b);
176. SC SUINPROD SA Let-Covasna (main activity 6.6 b);
177. SC AVICOLA Sivita SA Galati (main activity 6.6 a);
178. SC COLLINI SRL Bocsa-Resita (main activity 6.6 b);
179. SC AGROSAS SRL Timisoara-Timis (main activity 6.6 b, c);
180. SC FLAVOIA SRL Platforma Hereclean-Salaj (main activity 6.6 a);
181. SC ELSID SA Titu-Dambovita (main activity 6.8).
Until December 31, 2015:
182. SC RAFINARIA STEAUA ROMANA SA Câmpina-Prahova (activity 1.2);
183. SC TRACTORUL UTB SA Brasov (main activity 2.3 b, 2.4, 2.6, 6.7);
184. SC ISPAT Petrotub SA Neamt (main activity 2.3, 6.7);
185. SC ARO SA Arges (main activity 2.3 b, 2.6);
186. SC STIMET SA Sighisoara-Mures (main activity 3.3);
187. SC BEGA REAL SA Plesa-Prahova (main activity 3.5);
188. SC AZOMURES SA Targu. Mures-Mures (main activity 4.2, 4.3);
189. SC COLOROM SA Codlea-Brasov (main activity 4.1 j);
190. SC SOMES SA Dej-Cluj (main activity 6.1 a, b);
191. SC OMNIMPEX Hartia SA Busteni-Prahova (main activity 6.1 b);
192. SC PERGODUR International SA Neamt (main activity 6.1 b);
193. SC PROTAN SA-Popesti Leordeni-Ilfov (main activity 6.5);
194. SC PROTAN SA Bucuresti Sucursala Codlea-Brasov (main activity 6.5);
195. SC PROTAN SA-Cluj (main activity 6.5).
Authorizations are issued for these facilities before October 30, 2007, following a fully coordinated procedure and each includes a binding timetable for the implementation of the Total compliance. These authorisations shall ensure, by 30 October 2007, compliance with the general principles of the operator's fundamental obligations as defined in Article 3 of the Directive.
2. 32000 L 0076: Directive 2000 /76/EC of the European Parliament and of the Council of 4 December 2000 on waste incineration (OJ L 332, 28.12.2000, p. 91).
By way of derogation from Article 6, Article 7 (1) and Article 11 of Directive 2000 /76/EC, the emission limit values and the requirements laid down for the measures shall not apply until 31 December 2007 at 52 Medical waste incinerators and until 31 December 2008 at 58 medical waste incinerators in Romania.
Romania reports to the Commission no later than the end of the first quarter of each year as of 30 March 2007, on the Closure of non-compliant hazardous waste facilities and the amount of medical waste processed 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 atmosphere from large combustion plants (OJ L 309, 27.11.2001, p. 1), as amended by:
-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).
(a) By way of derogation from Article 4 (3) and Annexes III and IV, Part A of Directive 2001 /80/EC, the emission limit values for sulphur dioxide shall not apply in Romania up to the date indicated for each Installations:
Until December 31, 2008:
SC ELECTROCENTRALE DEVA SA No. 1, 4 power boilers x 264 MWth.
Until December 31, 2009:
SC TERMOELECTRICA SE DOICESTI n ° 1, 1 steam boiler x 470 MWth.
Until 31 December 2010:
SC COMPLEXUL ENERGETIC CRAIOVA S.E. CRAIOVA II-1.2 boilers x 396.5 MWth;
SC COMPLEXUL ENERGETIC TURCENI SA n ° 2, 2 boilers for energy production x 789 MWth;
SC COMPLEXUL ENERGETIC TURCENI SA n ° 3, 2 power boilers x 789 MWth;
SC TERMOELECTRICA SE PAROSENI n ° 2, 1 steam boiler Benson x 467 MWth + 1 hot water boiler x 120 MWth;
RAAN, BRANCH ROMAG TERMO n ° 2, 3 boilers x 330 MWth ;
SC COLTERM SA No. 7, 1 hot water boiler x 116 MWth.
Until 31 December 2011:
CET ARAD n ° 2, 2 industrial steam boilers x 80 MWth;
SC COMPLEXUL ENERGETIC CRAIOVA S.E. CRAIOVA II-n ° 2, 2 FCA x 116 MWth + 2 x CR. 68 MWth;
SC COMPLEXUL ENERGETIC ROVINARI SA n ° 2, 2 steam boilers x 879 MWth;
TERMOELECTRICA GIURGIU No. 1, 3 steam energy boilers x 285 MWth;
SC ELECTROCENTRAL DEVA SA No. 2, 4 power boilers x 264 MWth;
SC PETROTEL-LUKOIL SA n ° 1, 2 DAV3 + HPM 1 x 45 MWth + 14.7 MWth + 11.4 MWth;
SC PETROTEL-LUKOIL SA n ° 2, 3 steam technology boilers x 105.5 MWth;
SC C.E.T. GOVORA n ° 3, 1 boiler x 285 MWth.
Until 31 December 2012:
CET BACAU n ° 1, 1 steam boiler x 343 MWth;
SC ELCEN BUCURESTI VEST n ° 1, 2 steam boilers x 458 MWth;
SC COMPLEXUL ENERGETIC CRAIOVA S.E. ISALNITA, 4 Boilers x 473 MWth.
Until December 31, 2013:
CET ARAD No. 1, 1 steam boiler x 403 MWth;
SC ELECTROCENTRALE ORADEA SA n ° 2, 2 steam boilers x 300 MWth + 269 MWth;
SC TERMOELECTRICA SA, SUCURSALA ELECTROCENTRAL BRAILA, 6 steam boilers x 264 MWth;
SC CET BRASOV SA n ° 1, 2 boilers x 337 MWth;
SC ELCEN BUCURESTI SUD n ° 1, 4 steam boilers x 287 MWth;
SC ELCEN BUCURESTI SUD n ° 2, 2 steam boilers x 458 MWth ;
SC ELCEN BUCURESTI PROGRESU n ° 1, 4 steam boilers x 287 MWth;
SC COMPLEXUL ENERGETIC ROVINARI SA n ° 1, 2 steam boilers x 878 MWth;
SC ELECTROCENTRALE DEVA SA No. 3, 4 power boilers x 264 MWth;
SC CET IASI II, 2 steam boilers x 305 MWth;
SC UZINA ELECTRICA ZALAU No. 1, 4 industrial steam boilers x 85.4 MWth;
SC TERMICA S. A SUCEAVA n ° 1, 2 boilers x 296 MWth;
SC COLTERM SA n ° 5, 1 hot water boiler x 116.3 MWth;
SC COLTERM SA n ° 6, 3 steam boilers x 81.4 MWth;
SC CET GOVORA n ° 2, 2 boilers x 285 MWth.
During this transition period, emissions of sulphur dioxides from all combustion plants covered by the Directive 2001 /80/EC does not exceed the following intermediate ceilings:
-in 2007: 540 000 tonnes of SO2/year;
-in 2008: 530 000 tonnes of SO2/year;
-in 2010: 336 000 tonnes SO2/year;
-in 2013: 148 000 tonnes of SO2/an.
(b) By way of derogation from Article 4 (3) and Annex VI, Part A of Directive 2001 /80/EC, emission limit values for nitrogen oxides shall not apply in Romania up to the date indicated for each of the Installations:
Until 31 December 2008:
ARPECHIM PITESTI n ° 2, 1 BW boiler x 81 MWth;
ARPECHIM PITESTI n ° 3, 4 boilers x 81 MWth;
PRODITERM BISTRITA, 2 hot water boilers x 116 MWth + 2 steam boilers X 69 MWth;
SC CET BRASOV SA 1, 2 boilers x 337 MWth;
REGIA AUTONOMA DE TERMOFICARE CLUJ, 2 boilers with hot water x 116 MWth;
TERMOELECTRICA GIURGIU No. 1, 3 steam energy boilers x 285 MWth;
TERMOELECTRICA GIURGIU N ° 2, 2 industrial steam boilers x 72 MWth;
SC ELECTROCENTRAL DEVA SA No. 1, 4 power boilers x 264 MWth;
SC COLTERM SA No. 2, 1 hot water boiler x 58.1 MWth.
Until 31 December 2009:
CET ARAD 1, 1 steam boiler CR x 403 MWth;
CET ENERGOTERM SA RESITA n ° 2, 1 boiler with hot water x 58 MWth;
SC TERMICA TARGOVISTE, 1 boiler with hot water x 58.15 MWth;
SC COMPLEXUL ENERGETIC CRAIOVA SE CRAIOVA II-1, 2 boilers x 396.5 MWth;
SC CET IASI I n ° 2, 2 steam boilers x 283 MWth;
SC UZINA ELECTRICA ZALAU n ° 3, 1 steam boiler x 72.3 MWth.
Until 31 December 2010:
SC ELECTROCENTRALE ORADEA SA n ° 1, 2 steam boilers x 127 MWth + 269 MWth;
SC CET SA n ° 2 Braila, 2 boilers x 110 MWth;
CET ENERGOTERM SA RESITA n ° 1, 2 boilers x 45.94 MWth;
SC UZINA TERMOELECTRICA MIDIA n ° 2, 1 boiler x 73 MWth;
SC UZINA TERMOELECTRICA MIDIA n ° 3, 1 boiler X 73 MWth;
SC UZINA TERMOELECTRICA MIDIA n ° 4, 1 boiler x 73 MWth;
SC TERMOELECTRICA SE DOICESTI n ° 1, 1 steam boiler Benson x 470 MWth;
SC ELECTROCENTRAL GALATI n ° 3, 3 power boilers x 293 MWth;
SC TERMOELECTRICA SE PAROSENI n ° 2, 1 steam boiler x 467 MWth + 1 hot water boiler x 120 MWth;
SC CET IASI n ° 1, 3 steam boilers x 94 MWth;
SC TERMICA SA SUCEAVA n ° 1, 2 boilers x 296 MWth;
SC TURNU SA TURNU MAGURELE No. 1, 1 hot water boiler x 58 MWth;
SC TURNU SA TURNU MAGURELE n ° 2, 1 boiler with hot water x 58 MWth;
SC ENET SA n ° 1, 3 boilers x 18.5 MWth;
SC ENET SA n ° 2, 1 boiler with hot water x 58 MWth.
Until 31 December 2011:
CET ARAD 2, 2 industrial steam boilers + 1 boiler x 80 MWth;
SC TERMON SA ONESTI, 3 boilers x 380 MWth;
SC CET SA n ° 1 BRAILA, 2 boilers x 110 MWth;
SC TERMICA SA n ° 1 BOTOSANI, 3 boilers with hot water X 116 MWth;
SC ELCEN BUCURESTI SUD n ° 12, 2 boilers with hot water x 116 MWth;
SC ELCEN BUCURESTI SUD n ° 16, 1 boiler with hot water x 116 MWth;
CET ENERGOTERM SA RESITA n ° 4, 1 boiler with hot water x 58 MWth;
SC ELCEN BUCURESTI SE PALAS n ° 1, 1 hot water boiler x 116 MWth;
SC COMPLEXUL ENERGETIC CRAIOVA SE ISALNITA, 4 boilers x 473 MWth;
SC ELECTROCENTRALE DEVA SA n ° 2, 4 power boilers x 264 MWth;
SC CET IASI I n ° 3, 4 Hot water boilers x 116 MWth;
RAAN, BRANCH ROMAG TERMO n ° 1, 3 boilers x 330 MWth;
RAAN, BRANCH ROMAG TERMO n ° 2, 3 boilers x 330 MWth;
SC ROMPETROL SA BUCURESTI VEGA PLOIESTI, 3 steam technology boilers x 24.75 MWth;
SC PETROTEL-LUKOIL SA n ° 1, 2 DAV3 + HPM 1 x 45 MWth + 14.7 MWth + 11.4 MWth;
SC PETROTEL-LUKOIL SA n ° 2, 3 steam technology boilers x 105.5 MWth;
SC UZINA ELECTRICA ZALAU No. 1, 4 industrial steam boilers x 85.4 MWth;
SC COLTERM SA n ° 4, 1 hot water boiler x 116.1 MWth;
SC C.E.T. GOVORA n ° 3, 1 boiler x 285 MWth.
Until 31 December 2012:
CET ENERGOTERM SA RESITA n ° 3, 1 boiler with hot water x 116 MWth;
SC ELCEN BUCURESTI SE PALAS No. 2, 1 boiler with hot water x 116 MWth;
SC ELCEN BUCURESTI SE MURES N ° 5, 4 steam boilers x 277 MWth;
SC COLTERM SA n ° 6, 3 steam boilers x 81.4 MWth.
Until 31 December 2013:
SC TERMOELECTRICA SA, SUCURSALA ELECTROCENTRALE BRAILA, 6 steam boilers x 264 MWth;
SC ELCEN BUCURESTI SUD n ° 14, 1 boiler with hot water x 116 MWth;
SC ELCEN BUCURESTI SE PALAS No. 3, 1 hot water boiler x 116 MWth;
SC ELECTROCENTRAL GALATI n ° 2, 2 power boilers x 293 MWth;
SC ELECTROCENTRALE DEVA SA N ° 3, 4 power boilers x 264 MWth;
SC ELCEN BUCURESTI SE MURES n ° 1, 1 steam boiler x 277 MWth;
SC ELCEN BUCURESTI SE MURES n ° 4, 1 steam boiler x 277 MWth;
SC COLTERM SA n ° 5, 1 hot water boiler x 116.3 MWth;
SC COLTERM SA n ° 7, 2 hot-water boilers x 116.3 MWth;
SC CET GOVORA n ° 2, 2 boilers x 285 MWth;
SC ENET SA VRANCEA n ° 3, 1 hot water boiler x 116.3 MWth.
During this transition period, emissions Of nitrogen oxides from all combustion plants covered by Directive 2001 /80/EC do not exceed the following intermediate ceilings:
-in 2007: 128 000 tonnes/year;
-in 2008: 125 000 tonnes/year;
-in 2010: 114 000 Tonnes/year;
-in 2013: 112 000 tonnes/year.
(c) By way of derogation from Article 4 (3) and Annex VII, Part A of Directive 2001 /80/EC, emission limit values for dust shall not apply in Romania until Date specified for each of the following installations:
Until December 31, 2008:
SC ELETROCENTRALE DEVA SA n ° 1, 4 power boilers x 264 MWth;
SC CET IASI II, 2 steam boilers x 305 MWth.
Until 31 December 2009:
CET BACAU n ° 1, 1 steam boiler x 345 MWth;
SC TERMOELECTRICA GIURGIU No. 1, 3 steam boilers x 285 MWth;
SC COLTERM SA n ° 6, 3 steam boilers x 81.4 MWth.
Until 31 December 2010:
CET ARAD n ° 1, 1 steam boiler x 403 MWth;
SC CET BRASOV SA n ° 1, 2 boilers x 337 MWth;
SC TERMOELECTRICA DOICESTI n ° 1, 1 steam boiler Benson x 470 MWth;
SC COMPLEX ENERGETIC TURCENI SA n ° 2, 2 power boilers x 789 MWth;
SC TERMICA SA SUCEAVA n ° 1, 2 boilers x 296 MWth;
SC CET GOVORA SA n ° 3, 1 boiler x 285 MWth.
Until 31 December 2011:
SC COMPLEX ENERGETIC CRAIOVA SE CRAIOVA II-n ° 2, 2 CAF x 116 MWth + 2 CR x 68 MWth;
SC COMPLEX ENERGETIC ROVINARI SA n ° 2, 2 steam boilers x 879 MWth;
SC ELECTROCENTRALE DEVA SA n ° 2, 4 energy boilers x 264 MWth;
SC PETROTEL LUKOIL SA n ° 1, DAV3 + HPM, 1 x 45 MWth + 14.7 MWth + 11.4 MWth;
SC PETROTEL LUKOIL SA n ° 2, 3 steam technology boilers x 105.5 MWth;
SC ALUM SA TULCEA n ° 1, 3 boilers x 84.8 MWth + 1 x 72.6 MWth;
SC CET GOVORA SA n ° 2, 2 boilers x 285 MWth.
Until 31 December 2013:
SC COMPLEX ENERGETIC Rovinari SA n ° 1, 2 steam boilers x 878 MWth;
SC ELECTROCENTRALE DEVA SA n ° 3, 4 power boilers x 264 MWth;
SC UZINA ELECTRICA ZALAU No. 1, 4 steam boilers x 85.4 MWth;
SC ELECTROCENTRAL ORADEA SA No. 2, 2 steam boilers x 300 MWth + 1 x 269 MWth.
During this transitional period, dust emissions from all combustion plants covered by Directive 2001 /80/EC do not exceed the ceilings The following intermediates:
-for 2007: 38 600 tonnes/year;
-for 2008: 33 800 tonnes/year;
-for 2010: 23 200 tonnes/year;
-for 2013: 15 500 tonnes/year.
d) By way of derogation from Article 4 (3) and Annex VI, part A, of Directive 2001 /80/EC, the emission limit values for nitrogen oxides applicable from 1 January 2016 for combustion plants with a rated thermal power greater than 500 MWth are not applicable in Romania until 31 December 2017 at the following facilities:
ELECTROCENTRAL ORADEA No. 2, 2 steam boilers x 300 MWth + 1 steam boiler x 269 MWth;
SC ELECTROCENTRALE DEVA SA No. 2, 4 power boilers x 264 MWth;
SC COMPLEXUL ENERGETIC ROVINARI SA n ° 2, 2 steam boilers x 879 MWth;
SC COMPLEXUL ENERGETIC TURCENI SA n ° 3, 2 power boilers x 789 MWth;
SC ELECTROCENTRALE DEVA SA No. 1, 4 boilers of production Energy x 264 MWth;
SC TERMICA SA SUCEAVA, n ° 1, 2 boilers x 296 MWth.
During this transitional period, emissions of nitrogen oxides from all combustion plants covered by Directive 2001 /80/EC do not exceed The following intermediate ceilings:
-for 2016: 80 000 tonnes/year;
-for 2017: 74 000 tonnes/year.
e) For 1 January 2011, Romania presents to the Commission an updated plan, including an investment plan, concerning The gradual alignment of facilities which would still not be in conformity, clearly specifying the stages of the application of the acquis. These plans shall ensure an additional reduction of emissions at a level significantly below the intermediate objectives set out in points (a) to (d), in particular as regards emissions in 2012. If the Commission, having regard in particular to the effects on the environment and the need to reduce distortions of competition in the internal market resulting from the transitional measures, considers that these plans are not sufficient to achieve these Objectives, it informs Romania. Within three months, the Commission shall communicate the measures it has taken to achieve these objectives. If, subsequently, the Commission, in consultation with the Member States, considers that these measures are still not sufficient to achieve these objectives, it initiates infringement proceedings under Article 226 of the EC Treaty.


A P P E N D I C E A À L' A N N E X E V I I
Restructuring of the Romanian steel industry
(referred to in Annex VII, Chapter 4, Section B)
Part I


Enterprises benefiting from State aid in The framework of the Romanian steel industry restructuring program
Ispat Sidex Galati.
Siderurgica Hunedoara.
COS Taskrgoviste.
CS Resita.
IS Câmpia Turzii.
Donasid (Siderca) Calarasi.


Part II
Schedule and description of capacity changes (1)


You can view the table in OJ
No 22 of 26/01/2007 text number 6



(1) Reductions in Capacity are final within the meaning of Commission Decision No 3010 /91/ECSC of 15 October 1991 (OJ L 286, 16 October 1991, p. 20).


Part III
Reference Criteria for Refactoring


1. Viability.
In view of the special accounting rules applied by the Commission, each beneficiary undertaking obtains a minimum gross annual operating result of 10 % of turnover for steel undertakings Non-integrated and 13.5 % for integrated mills, and a minimum return on equity of 1.5 % of turnover by 31 December 2008 at the latest. This is verified in the independent evaluation conducted annually between 2005 and 2009 in accordance with Chapter 4, Section B, paragraph 13, of Annex VII.
2. Productivity.
Overall productivity comparable to that achieved by the EU steel industry is achieved gradually by 31 December 2008. This is verified in the independent evaluation conducted annually between 2005 and 2009 in accordance with Chapter 4, Section B, paragraph 13, of Annex VII.
3. Cost Reductions.
Special emphasis is placed on cost reductions, which are an essential element of sustainability. These are fully implemented in accordance with the business plans of the recipient companies.


Part IV
Indicative list of
information requirements


1. Production and impact on the market:
-monthly production of crude steel and semi-finished and finished products by category and product range;
-products sold, including volumes, prices and markets; breakdown by range of Products.
2. Investments:
-details of investments made;
-completion date;
-investment costs, sources of financing, and amount of any matching help;
-date of potential help
3. Workforce reductions:
-number of jobs deleted and schedule;
-changes in employment in recipient companies (distinguishing between direct and indirect employment);
-changes in employment in the sector Domestic steel.
4. Capacity (in respect of the entire Romanian steel sector):
-date established or foreseen for the cessation of production of the capacity expressed in MPP (MPP being the maximum possible annual production that can be obtained in Normal working conditions) to be closed, and description thereof;
-date fixed (or intended) for the decommissioning of the installations concerned and details of the decommissioning, within the meaning of Decision No 3010 /91/ECSC of the Commission Information that companies in the steel sector are required to provide about their investments (1);
-date established (or planned) for the introduction of new capabilities and description thereof;
-evolution of the Total capacity in Romania of raw steel and finished products by category.

(1) OJ L 286, 16.10.1991, p. 20.


5. Cost:
-the distribution of costs and their respective changes in the past and future, in particular in terms of savings in labour costs, energy consumption, cost savings of raw materials, Reductions in ancillary costs and external services.
6. Financial performance:
-changes in a few key financial ratios to ensure that progress is made on sustainability (financial results and ratios should be communicated in such a way that Comparisons can be made in relation to the company's financial restructuring plan and must include the Commission's viability test);
-details of taxes paid, including information on Any differences in relation to the tax and customs rules normally applicable;
-level of financial charges;
-details and timing of payment of aid already granted, in accordance with the provisions of the act;
- Terms and conditions of any new borrowing (regardless of origin).
7. Creation of a new enterprise or facilities corresponding to a capacity extension:
-identity of each participant from the private sector and the public sector;
-sources of their funding for the creation of the New business or facilities;
-terms and conditions for the participation of private and public shareholders;
-management structure for the new business.
8. Property transfers.


A P P E N D I C E B TO A N N E X E V I I
List of establishments in the meat, poultry, milk and milk products sector
(referred to in Chapter 5, Section B, Subsection I, of Annex VII)
Meat Sector Establishments


You can view the table in OJ
No 22 of 26/01/2007 text number 6





Poultry industry establishments


You can view the table in OJ
No 22 of 26/01/2007 text number 6



Milk sector establishments and Dairy products


You can view the table in OJ
No 22 of 26/01/2007 text number 6



A N N E X E V I I I
RURAL DEVELOPMENT
Article 34 of the Act of Accession)
Section I
Additional
and temporary rural development measures in respect of Bulgaria and Romania
A. -Support for
semi-subsistence farms undergoing refactoring


1. Support for semi-subsistence farms undergoing restructuring contributes to the following objectives:
a) to help solve the problems posed by the rural transition, in particular by competitive pressure The single market in the agricultural sector and the rural economy of Bulgaria and Romania;
b) facilitating and encouraging the restructuring of farms that are not yet economically viable
"Annex" means " Semi-subsistence farms " Farms that produce first for their own consumption, but which also market part of their production.
2. To qualify for support, the operator must submit an agricultural development plan that:
a) demonstrates that the operation will be economically viable in the future;
b) contains details of the investments required;
c) indicates Specific steps and objectives.
3. Compliance with the agricultural development plan referred to in point 2 shall be examined after three years. If the interim objectives identified in the plan were not met at the time of the three-year review, the support is not renewed, but will not be required to reimburse the amounts already received.
4. Support shall be paid annually in the form of lump sum assistance up to the ceiling specified in Section I G and for a period of up to five years.


B.-Producer groups


1. Lump sum aid is granted to facilitate the creation and administrative functioning of producer groups whose objectives are:
(a) to adapt the production of producers who are members of these groups to the requirements of the Market;
b) jointly market products, including preparation for sale, centralization of sales and supply to wholesale buyers; and
c) establish common rules for Production information, paying special attention to harvest and availability.
2. Support shall be granted only to groups of producers officially recognised by the competent authorities of Bulgaria and Romania of which they are responsible, between the date of accession and 31 December 2009, on the basis of national law or law Community.
3. The aid shall be granted in annual instalments for the first five years following the date on which the group of producers has been recognised. It shall be calculated on the basis of the production which the group markets annually and does not exceed:
(a) 5 %, 5 %, 4 %, 3 % and 2 % of the value of the marketed production up to a maximum of EUR 1 000 000, second, Third, fourth and fifth years respectively, and
b) 2.5 %, 2.5 %, 2 %, 1.5 % and 1.5 % of the value of marketed production exceeding EUR 1 000 000 in the first, second, third, fourth and fifth years
In any case, the help does not exceed the limits defined in Section I G.


C.-Leader + Type Measures


1. Assistance may be provided for measures relating to the acquisition of skills to prepare rural communities for the design and implementation of local rural development
. Specific:
a) technical assistance for studies of the region, and a territorial diagnosis taking into account the wishes expressed by the population concerned;
b) information and training of the population to encourage Active participation in the development process;
c) creating representative partnerships in local development;
d) developing integrated development strategies;
e) research funding and Preparing support requests.
2. Support may be granted for the adoption of integrated territorial rural development strategies, developed by the local action groups in accordance with the principles set out in paragraphs 12, 14 and 36 of the Communication of the Commission to the Member States of 14 April 2000 laying down guidelines for the Community initiative on rural development (Leader +) (1). This assistance is limited to regions where there are already sufficient administrative capacity and experience of type approaches. Local rural development ".

(1) OJ C 139, 18.5.2000, p. 5.


3. The local action groups referred to in point 2 may have the right to participate in inter-territorial and transnational cooperation actions in accordance with the principles set out in points 15 to 18 of the Commission communication referred to in paragraph 2. 2.
4. Bulgaria, Romania and the local action groups shall be granted access to the Observatory of rural territories provided for in point 23 of the Commission communication referred to in point 2.


D.-Consulting services to the
Farm and Extension Farm


Support is provided for the provision of farm advisory and extension services.


E. -Supplements to Payments Direct


1. Aid may be granted to operators who may benefit from complementary national direct payments or aid under Article 143c of Regulation (EC) No 1782/2003 (1).

(1) Council Regulation (EC) No 1782/2003 of 29 September 2003 laying down 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 last amended by Regulation (EC) No 864/2004 (OJ L 161, 30.4.2004, p. 48).


2. The amount of aid granted to an operator for the years 2007, 2008 and 2009 shall not exceed the difference between:
(a) the level of direct payments applicable in Bulgaria or Romania for the year concerned in accordance with Article 143 Of Regulation (EC) No 1782/03 and
(b) 40 % of the level of direct payments applicable in the Community in its composition as at 30 April 2004 for the year concerned.
3. The Community contribution to the support granted to Bulgaria or Romania under this sub-section E for 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 annual rate of 20 % by the following rates: 25 % for 2007, 20 % for 2008 and 15 % for
. The aid granted to an operator under this sub-section E shall be counted as supplementary national direct payments or aid, as the case may be, for the purposes of applying the maximum levels set out in Article 143c (2) Bis, Regulation (EC) No 1782/2003.


F. -Technical assistance


1. Assistance may be granted for the preparation, monitoring, evaluation and control measures necessary to implement the rural development programming documents.
2. The measures referred to in point 1 shall include, inter alia:
a) studies;
b) technical assistance measures, exchange of experience and information for partners, beneficiaries and the general public;
c) installation, The operation and interconnection of computerised management, monitoring and evaluation systems;
(d) the improvement of evaluation methods and the exchange of information on best practices in this
. -Table of Amounts relating to supplementary and temporary rural development measures for Bulgaria and Romania


You can consult the table in OJ
No 22 of 26/01/2007 text number 6



Section II
Special provisions for
investment aid for Bulgaria and Romania


1. Aid for investments in agricultural holdings under the rural development regulations in force on the date of accession shall be granted to agricultural holdings, whose economic viability at the end of the implementation of the Investments can be demonstrated.
2. The total amount of investment aid on farms, expressed as a percentage of the volume of eligible investments, is limited to a maximum of 50 % and, in less-favoured regions, to 60 %, or to the percentages set in the Relevant rural development regulations in force on the date of accession, whichever is the greater. Where investments are made by young farmers, according to the definition adopted by the relevant rural development regulation in force on the date of accession, these percentages may reach a maximum of 55 % and, in Less favoured areas, of 65 %, or the percentages set out in the relevant rural development regulation in force on the date of accession, whichever is the greater.
3. Investment aid intended to improve the processing or marketing of agricultural products under the relevant rural development regulation in force on the date of accession shall be granted to undertakings which have A transitional period after accession in order to comply with the minimum standards for the environment, hygiene or animal welfare. In this case, the company complies with the relevant standards at the end of the specified transitional period or at the end of the investment realization, with the closest date retained.


Section III
Disposition
pre-retirement assistance
to Bulgaria


1. Bulgarian operators to whom a milk quota has been allocated are eligible for the pre-retirement scheme provided that they are under 70 at the time of transfer.
2. The amount of support shall be subject to the maxima set out in the relevant rural development regulation in force on the date of accession and shall be calculated on the basis of the volume of the milk quota and the total agricultural activity of the
. 3. Milk quotas allocated to a transferor are returned to the national milk quota reserve, without a new offsetting payment.


Section IV
Specific Financial Arrangements
to Bulgaria and Romania for the period 2007-2013


1. For the 2007-2013 programming period, Community aid granted to Bulgaria and Romania under all rural development measures shall be implemented in accordance with the principles set out in Articles 31 and 32 of Regulation (EC) No 1260/1999 of the Council of 21 June 1999 laying down general provisions on the Structural Funds (1).

(1) 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).


2. In the areas covered by Objective 1, the Community's financial contribution may or may be 85 % for measures in the field of agri-environment and animal welfare and 80 % for other measures, or be equal to the Percentages set in the relevant rural development regulations in effect on the date of accession, whichever is greater.


A N N E X E I X


SPECIFIC COMMITMENTS CONTRACTED BY ROMANIA AND REQUIREMENTS ACCEPTED BY CELLE-CI DURING THE CLOSING OF THE NEGOTIATIONS OF ACCESSION DECEMBER 14, 2004


(referred to in Article 39 of the Act of Accession)
I. -In conjunction with Article 39, paragraph 2


1. Implementing the Schengen Action Plan without further delay, published in M. Of., p. 129 bis: 10.02.2005, as amended in accordance with the acquis and in accordance with the agreed deadlines.
2. In order to ensure a high level of control and surveillance at the future external borders of the Union, considerably speed up efforts to modernise equipment and infrastructure at the border, at the border Blue and border crossing points, and continue to strengthen the operational risk analysis capability. This must be reflected in a single multi-annual investment plan to be presented by March 2005 at the latest, which will enable the Union to measure progress on an annual basis, until the decision referred to in Article 4, Paragraph 2 of the Act shall be adopted in respect of Romania. In addition, Romania needs to considerably speed up the implementation of its plans to recruit 4,438 border police officers and, in particular, ensure that the number of police personnel is as close as possible to 100 % along the Borders with Ukraine, Moldova and the Black Sea coast from the date of accession. Romania must also implement all the measures necessary to combat illegal immigration effectively, including by strengthening cooperation with third countries.
3. Develop and implement an updated and integrated action plan and strategy for the reform of the judicial system, including the main measures for the implementation of the law on the organization of the judicial system, the law on the status of the judiciary Magistrates and the Law on the Higher Council of the Judiciary, which entered into force on 30 September 2004. These two updated documents must be submitted to the Union by March 2005 at the latest; sufficient financial and human resources must be made available for the implementation of the action plan, which must be implemented without further delay and In accordance with the deadlines set. Romania also needs to demonstrate, by March 2005, that the new system of random business allocation is fully operational.
4. Significably strengthen the fight against corruption and, in particular, against high-level corruption by ensuring strict enforcement of anti-corruption legislation and the effective independence of the Office And by presenting, from November 2005 and on an annual basis, a convincing report on the action taken by the Office against high-level corruption. The Office needs to receive staff, budgetary resources and training, as well as the equipment it needs to play its central role.
5. Conduct an independent audit of the results and effects of the current national anti-corruption strategy; take into account the findings and recommendations resulting from this audit in the new strategy A single, comprehensive document, adopted by March 2005 at the latest and accompanied by an action plan with clearly defined evaluation criteria and results to be achieved, As well as adequate financial provisions; the implementation of the strategy and action plan must be overseen by an independent, clearly defined and already existing body; the strategy must include the commitment to revise, by the end 2005, the criminal procedure, the duration of which is excessive, to ensure that corruption cases are dealt with in a timely and transparent manner and that adequate sanctions have a deterrent effect; Measures to reduce considerably, by the end of 2005, the number of bodies with expertise in the prevention of corruption or investigation in this area, so as to avoid overlapping responsibilities.
6. Set up a clear legal framework for the tasks of the gendarmerie and the police for March 2005 and organise the cooperation between these services, including the implementation of the legislation, and develop and implement, By mid-2005, a clear recruitment plan for both institutions, with the objective of making considerable progress in filling the 7,000 vacancies in the police force and the 18,000 vacancies in the gendarmerie On the date of accession.
7. Develop and implement a coherent multi-annual strategy to combat crime, providing for concrete measures to change the status of countries of origin, transit and destination of victims of trafficking in human beings Which is that of Romania, and annually submit, from March 2005, reliable statistical data on how this phenomenon of crime is being fought.


II. -In conjunction with Article 39, paragraph 3


8. Ensure that the Competition Council submits any potential State aid to effective control, including State aid provided for in the form of deferral of payments to the State budget for tax or social charges or for carry-overs of Energy supply charges.
9. To improve without delay the balance sheet on compliance with state aid legislation and to ensure a satisfactory assessment of compliance with the legislation on agreements and state
. To present to the Commission, by mid-December 2004, a revised restructuring plan for the steel sector (including the national restructuring programme and individual business plans) in accordance with the requirements set out in the Protocol N ° 2 of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, relating to the products covered by the Treaty establishing the European Coal and Steel Community Steel (ECSC) (1) and the conditions laid down in Annex VII, Chapter 4, Section B, of the Act.
fully respect the undertaking not to grant or to pay no State aid to the steel mills concerned by the national strategy of Restructuring from 1 January 2005 to 31 December 2008, and fully respecting the amounts of State aid and the conditions for reductions in capacity to be adopted under Protocol No 2 of the European Agreement establishing a Association between the European Communities and their Member States, of the one part, and Romania, of the other part, relating to the products covered by the Treaty establishing the European Coal and Steel Community (ECSC).

(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).


11. Continue to allocate adequate financial resources to the Competition Council and provide adequate and appropriately qualified human resources.


A C T E F I N A L
I. -Final act text


1. Plenipotentiaries:
De Her Majesty the King of the Belgians,
From the Republic of Bulgaria,
From the President of the Czech Republic,
From Her Majesty the Queen of Denmark,
From the President of the Federal Republic of Germany,
From President of the Republic of Estonia,
From the President of the Hellenic Republic,
From His Majesty the King of Spain,
From the President of the French Republic,
From the President of Ireland,
From the President of the Italian Republic,
From President of the Republic of Cyprus,
From the President of the Republic of Latvia,
From the President of the Republic of Lithuania,
From His Royal Highness the Grand Duke of Luxembourg,
From the President of the Republic of Hungary,
From President of Malta,
From Her Majesty the Queen in the Netherlands,
From the Federal President of the Republic of Austria,
From the President of the Republic of Poland,
From the President of the Portuguese Republic,
From the President of Romania,
From President of the Republic of Slovenia,
From the President of the Slovak Republic,
From the President of the Republic of Finland,
From the Government of the Kingdom of Sweden,
From Her Majesty the Queen in the United Kingdom of Great Britain and Ireland North,
Meeting in Luxembourg on 25 April of the year two thousand five on the occasion of the signing of the Treaty between 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 Spain 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 The Republic of Northern Ireland (Member States of the European Union) and the Republic of Bulgaria and Romania concerning the accession of the Republic of Bulgaria and Romania to the European Union,
Arrested within the Conference between the Member States of the European Union and the Republic of Bulgaria and Romania on the accession of the Republic of Bulgaria and Romania to the European Union:
I.-The Treaty between 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 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 (Member States of the European Union) and the Republic of Bulgaria and Romania concerning the accession of the Republic of Bulgaria and Romania to the European Union (hereinafter referred to as " Treaty of Accession of Bulgaria and Romania to the European Union ') ;
II. -The text of the Treaty establishing a Constitution for Europe, drafted in the Bulgarian and Romanian languages;
III. -Protocol on the conditions and procedures for the admission of the Republic of Bulgaria and Romania to the European Union (hereinafter referred to as " Accession protocol) ;
IV. -The following texts are attached to the accession protocol:
A. -Annex I.-List of conventions and protocols to which Bulgaria and Romania accede at the time of accession (referred to in Article 3 (3) of the Protocol)
-List of provisions of the Schengen acquis integrated within the framework of the European Union and acts based on or relating thereto, which are binding and applicable in the new Member States upon accession (referred to in the Article 4 (1) of the Protocol).
Annex III. -List referred to in Article 16 of the Protocol: adaptations of acts adopted by the institutions
-List referred to in Article 17 of the Protocol: further adaptations to acts adopted by the institutions.
Annex V.-List referred to in Article 18 of the Protocol: other permanent
. -List referred to in Article 20 of the Protocol: transitional measures-Bulgaria.
Annex VII. -List referred to in Article 20 of the Protocol: transitional measures Romania.
Annex VIII. -Rural development (referred to in Article 34 of the Protocol)
-Specific commitments entered into by Romania and the requirements accepted by Romania at the conclusion of the accession negotiations on 14 December 2004 (referred to in Article 39 of the Protocol).
B.-The text of the Treaty establishing the Community European Atomic Energy and the Treaties amending or supplementing it, in the Bulgarian and Romanian languages;
V.-The Act concerning the conditions of accession to the European Union of the Republic of Bulgaria and Romania and the Adaptations of the Treaties on which the European Union is founded (hereinafter referred to as " The Act of Accession) ;
VI. -The following texts annexed to the Act of Accession:
A. -Annex I.-List of conventions and protocols to which Bulgaria and Romania accede at the time of accession (referred to in Article 3 (3) of the Act of Accession)
-List of provisions of the Schengen acquis integrated within the framework of the European Union and acts based on or relating thereto, which are binding and applicable in the new Member States upon accession (referred to in the Article 4 (1) of the Act of Accession).
Annex III. -List referred to in Article 19 of the Act of Accession: adaptations of acts adopted by the institutions
-List referred to in Article 20 of the Act of Accession: further adaptations to acts adopted by the institutions.
Annex V.-List referred to in Article 21 of the Act of Accession: other permanent
. -List referred to in Article 23 of the Act of Accession: transitional measures Bulgaria.
Annex VII. -List referred to in Article 23 of the Act of Accession: transitional measures Romania.
Annex VIII. -Rural development (referred to in Article 34 of the Act of Accession)
-Specific commitments entered into by Romania and the requirements accepted by Romania at the conclusion of the accession negotiations on 14 December 2004 (referred to in Article 39 of the Act of Accession).
B.-The texts of the Treaty on European Union, The Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community and of the Treaties amending or supplementing them, including the Treaty on the Accession of the Kingdom of Denmark, Ireland and Of the United Kingdom of Great Britain and Northern Ireland, the Treaty on the Accession of the Hellenic Republic, the Treaty on the Accession of the Kingdom of Spain and the Portuguese Republic, the Treaty on the Accession of the Republic of Of Austria, the Republic of Finland and the Kingdom of Sweden, and the Treaty on the Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, in the Bulgarian and Romanian
. The High Contracting Parties have reached a political agreement on a series of adaptations which, as a result of accession, should be made to acts adopted by the institutions, and they invite the Council and the Commission to adopt, before In accordance with Article 56 of the Accession Protocol or, as the case may be, Article 56 of the Act of Accession, as mentioned in Article 56 of the Act of Accession. Article 4 (3) of the Accession
. The High Contracting Parties undertake to communicate to the Commission and to each other Contracting Party all necessary information to be communicated for the purposes of the application of the accession protocol or, as the case may be, of the act Membership. Where appropriate, such information shall be provided sufficiently on time before accession, so as to permit the full application of the accession protocol or, as the case may be, of the Act of Accession, as from the date of accession, in particular in respect of Functioning of the internal market. In this context, it is essential that the measures adopted by Bulgaria and Romania be promptly notified in accordance with Article 53 of the Accession Protocol or, as the case may be, Article 53 of the Act of Accession. The Commission may inform the Republic of Bulgaria and Romania of the time at which it considers it appropriate to have received or transmitted specific information. Prior to the date of signature, Contracting Parties were provided with a list of requirements for information in the veterinary field.
4. Plenipotentiaries have taken note of the declarations which have been made and which are annexed to this Final Act:


A. -Common declarations by the present Member States


1. Joint Declaration on the free movement of workers: Bulgaria.
2. Joint statement on pulse crops: Bulgaria.
3. Joint Declaration on the free movement of workers: Romania.
4. Joint Declaration on rural development: Bulgaria and Romania.


B. -Joint statement by the current member states
and the Commission


5. Joint statement on the preparation of Bulgaria and Romania for accession.


C. -Joint statement by various current member states


6. Joint Declaration by the Federal Republic of Germany and the Republic of Austria on the free movement of workers: Bulgaria and Romania.


D. -Declaration by the Republic of Bulgaria


7. Declaration by the Republic of Bulgaria on the use of the Cyrillic alphabet within the European
. The Plenipotentiaries took note of the exchange of letters between the European Union and the Republic of Bulgaria and Romania concerning an information and consultation procedure for the adoption of certain decisions and other measures to be taken This exchange of letters shall be annexed to this Final Act.


II. -
A statements -Common declarations by the current member states
1. JOINT DECLARATION ON FREE MOVEMENT
WORKERS: BULGARIA


The European Union focuses on the considerable modulation and flexibility introduced in the system of free movement of workers. Member States will endeavour to grant Bulgarian nationals more open access to their labour market within the framework of their internal law, with a view to speeding up alignment with the acquis. As a result, employment opportunities in the European Union for Bulgarian nationals should be greatly improved after Bulgaria's accession. In addition, the Member States of the European Union will take the best advantage of the proposed scheme to achieve the maximum possible application of the acquis in the area of free movement of workers.


2. COMMON DECLARATION
GRAIN LÉGUMINEUSES: BULGARIA


In the case of pulse crops, an area of 18,047 ha has been taken into account for the calculation of the national ceiling for Bulgaria. Annex VIII A to Regulation (EC) No 1782/2003 of 29 September 2003 (OJ L 270, 21 October 2003, p. 1).


3. JOINT DECLARATION ON FREE MOVEMENT
WORKERS: ROMANIA


The European Union emphasises the considerable flexibility and flexibility introduced in the system of free movement of workers. Member States shall endeavour to grant Romanian nationals more open access to their labour market within the framework of their internal law, with a view to speeding up the alignment with the acquis. As a result, employment opportunities in the European Union for Romanian nationals should be greatly improved after Romania's accession. In addition, the Member States of the European Union will take the best advantage of the proposed regime in order to achieve full implementation of the acquis in the area of the free movement of workers.
4. JOINT DECLARATION ON RURAL DEVELOPMENT: BULGARIA AND ROMANIA As regards the commitment appropriations for rural development under the EAGGF, section " Warranty " For Bulgaria and Romania during the three-year period 2007-2009 referred to in Article 34 (2) of the Accession Protocol and Article 34 (2) of the Act of Accession, the Union notes that the following envelopes can be expected:


(EUR million, 2004 prices)


You can view the table in OJ
No 22 of 26/01/2007 text number 6



Rural development credits for Bulgaria and Romania after the three-year period 2007-2009 will depend on the application of the rules in force or the rules resulting from possible political reforms by then.


B. -Joint statement
from the current Member States and the Commission


5. JOINT DECLARATION ON THE PREPARATION OF BULGARIA AND ROMANIA FOR THE ACCESSION
The European Union will continue to follow closely the preparations made by Bulgaria and Romania and the results The
Union recalls the conclusions of the Presidency of the European Council which took place on 16 and 17 of the European Council. December 2004, in particular points 8 and 12, which stress that, in the case of Romania, attention will focus in particular on the preparatory work in the fields of justice and home affairs, competition and The environment, while, in the case of Bulgaria, it will focus in particular on preparations in the field of justice and home affairs. The Commission will continue to report annually on the progress made by Bulgaria and Romania on the road to accession, accompanied, where appropriate, by recommendations. The European Union recalls that safeguard clauses provide for measures to address serious problems that may arise, as the case may be, before accession or within three years of accession.


C. -Joint statement
from various current member states


6. JOINT DECLARATION OF THE FEDERAL REPUBLIC OF GERMANY AND THE REPUBLIC OF AUSTRIA ON THE FREE MOVEMENT OF WORKERS: BULGARIA AND ROMANIA
In point 13 of the transitional measures on the free movement of workers, under the Directive 96 /71/EC, in Annexes VI and VII to the Protocol of Accession and the Act of Accession, the Federal Republic of Germany and the Republic of Austria, in agreement with the Commission, shall understand that, where appropriate, the words' Some regions " May also be heard as covering the entire national territory.


D. -Declaration by the Republic of Bulgaria


7. DECLARATION BY THE REPUBLIC OF BULGARIA ON THE USE OF CYRILLIC ALPHABET IN THE EUROPEAN UNION
As soon as Bulgarian has been recognized as an authentic language of the Treaties, as well as the official and working language used by the The Cyrillic alphabet will become one of the three alphabets officially employed in the European Union. With this substantial element of Europe's cultural heritage, Bulgaria makes a special contribution to the linguistic and cultural diversity of the Union.


III. -Exchange of letters


Exchange of letters between the European Union and the Republic of Bulgaria and Romania concerning an information and consultation procedure for the adoption of certain decisions and other measures Take during the pre-accession period.


Letter 1


Dear Sir,
I have the honour to refer to the question of an information and consultation procedure for the adoption of certain Decisions and other measures to be taken during the period leading up to the accession of your country to the European Union, an issue that had been raised in the accession negotiations.
I hereby confirm that the European Union is in To approve, as set out in the Annex to this letter, this procedure, which could be implemented as of October 1, 2004.
I would be grateful if you would confirm the agreement of your Government on the contents of this letter.
Please accept, Sir, the assurance of my highest consideration.


Letter # 2


Dear Sir,
I have the honour to acknowledge receipt of Your letter as follows:
" I have the honour to refer to the question of an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period prior to the accession of your country To the European Union, which had been raised in the framework of the accession negotiations.
I hereby confirm that the European Union is in a position to approve, in the manner laid down in the Annex to this letter, this Procedure that could be implemented as of October 1, 2004.
I would be grateful if you would confirm your Government's agreement on the contents of this letter. "
I have the honour to confirm my Government's agreement on the contents of this letter.
Please accept, Sir, the assurance of my highest consideration.


A N N E X E


INFORMATION AND CONSULTATION PROCEDURE FOR THE ADOPTION OF CERTAIN DECISIONS AND OTHER MEASURES DURING THE PREVIOUS PERIOD


I


1. In order to ensure adequate information for the Republic of Bulgaria and Romania, hereinafter referred to as " Acceding States ", any proposal, communication, recommendation or initiative which may lead to decisions of the institutions or bodies Of the European Union shall be brought to the attention of the acceding States after being transmitted to the
. The consultations shall take place at the reasoned request of an acceding State which makes explicit reference to its interests as a future member of the Union and shall submit its comments
. Administrative decisions should not generally result in consultations.
4. The consultations shall take place in an interim committee composed of representatives of the Union and the acceding States. Unless there is a reasoned objection from an acceding State, consultations may also take place in the form of an electronic exchange of messages, in particular with regard to the common foreign and security
. On the Union side, the members of the Interim Committee shall be the members of the Committee of Permanent Representatives or those appointed to that effect. If so, they may be members of the Political and Security Committee. The Commission is invited to be represented on this work.
6. The interim committee is assisted by a secretariat, which is the conference secretariat, which is renewed for this purpose.
7. Consultations shall normally take place as soon as the preparatory work carried out on the Union's plan for the adoption of decisions or common positions by the Council has established common guidelines for the effective provision of
8. If serious difficulties remain, the matter may be raised at ministerial level, at the request of a acceding State.
9. The above provisions shall apply mutatis mutandis to decisions of the Governing Council of the European Investment
. The procedure provided for in the preceding paragraphs shall also apply to any decision to be taken by the acceding States which may affect the commitments resulting from their quality as future members of the Union.


II


11. The Union, the Republic of Bulgaria and Romania shall take the necessary measures to ensure that their accession to the agreements or conventions referred to in Article 3 (3) and Article 6 (2) and (6) of the Protocol on conditions And arrangements for the admission of the Republic of Bulgaria and Romania to the European Union and to Article 3 (3) of Article 6 (2) and (6) of the Act relating to the conditions and procedures for the admission of the Republic of Bulgaria and Romania shall, to the extent possible, and the conditions set out in that Protocol and in that Act, with the entry into force of the Accession Treaty.
12. To the extent that agreements or conventions between Member States exist only in the state of projects and are unlikely to be signed during the period prior to accession, the acceding States will be invited to join, after the signature of the And in accordance with appropriate procedures, in the preparation of such projects in a constructive spirit and in such a way as to facilitate its conclusion.
13. With regard to the negotiation with the co-contracting parties of the protocols referred to in the second subparagraph of Article 6 (2) of the Protocol on the conditions and procedures for the admission of the Republic of Bulgaria and Romania to the Union And the second subparagraph of Article 6 (2) of the Act concerning the conditions and procedures for the accession of the Republic of Bulgaria and Romania, the representatives of the acceding States shall be associated with the work as observers, Alongside representatives of the current member states.
14. Some of the non-preferential agreements concluded by the Community with a period of validity exceeding the date of accession may be adapted or adapted to take account of the enlargement of the Union. Such adaptations or arrangements shall be negotiated by the Community by involving the representatives of the acceding States in accordance with the procedure referred to in the preceding paragraph.


III


15. The institutions shall establish in good time the texts referred to in Articles 58 and 60 of the Protocol on the conditions and procedures for the admission of the Republic of Bulgaria and Romania to the European Union and Articles 58 and 60 of the relevant Act The conditions of accession of the Republic of Bulgaria and Romania. To this end, the governments of the Republic of Bulgaria and Romania send the translations of these texts to the institutions in a timely manner.



You can consult the table In OJ
No 22 of 26/01/2007 text number 6



Done at Paris, January 22, 2007.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Dominique de Villepin

The Minister for Foreign Affairs,

Philippe Douste-Blazy


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