Approves, For Ratification, 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 ...

Original Language Title: Aprova, para ratificação, o Tratado entre o Reino da Bélgica, a República Checa, o Reino da Dinamarca, a República Federal da Alemanha, a República da Estónia, a República Helénica, o Reino de Espanha, a República Francesa, a Irlanda, a República Italiana

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277636a45794c5667755a47396a&fich=ppr12-X.doc&Inline=false

MOTION for a RESOLUTION paragraph 12/X enlargement of the European Union represents a new and important step in the history of European integration and allows the Union to preserve cohesion and internal dynamism, reinforcing at the same time, your participation in the development of international relations; The current enlargement contributes to strengthen the guarantees of peace, stability and freedom in Europe; Also the aim of creating an ever closer Union among the peoples of Europe, giving the European Union the means to enable it to face the internal and external challenges that will need to face in the coming years, is more easily achieved by this Treaty. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: Approving, for ratification, 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 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, including the Protocol concerning the conditions and arrangements for Admission of the Republic of Bulgaria and Romania to the European Union and its annexes, the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the treaties on which the European Union is founded and its annexes and Final Act with their declarations and exchange of letters between the European Union and the Republic of Bulgaria and Romania, signed in Luxembourg on 25 April 2005, whose texts, authenticated version in Portuguese language, published in annex.

Seen and approved by the Council of Ministers of 22 July 2005 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency index. 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 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 on accession of the Republic of Bulgaria and Romania to the European Union (B) Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union part one: part two: principles of the Constitution title I Adaptations: institutional provisions Title II: Other adjustments to part three: permanent Provisions title I: adjustments to the acts adopted by the institutions Title II : Miscellaneous provisions part IV: Temporary Provisions title I transitional measures: Title II: institutional provisions title III: financial provisions Title IV: Miscellaneous provisions part five: provisions concerning the application of this Protocol Title i: Establishment of the institutions and bodies Title II: applicability of the acts of the institutions title III: final provisions Annexes Annex i: list of conventions and protocols to which Bulgaria and Romania accede upon accession (referred to in paragraph 3 of article 3 of the Protocol) Annex II: list of provisions of the Schengen acquis integrated into the framework of the European Union and the acts building upon it or otherwise related to it that link the new Member States and shall apply in those States from the date of accession (referred to in paragraph 1 of article 4 of the Protocol) Annex III: list referred to in article 16 of the Protocol : adjustments to the acts adopted by the institutions 1. Company law industrial property rights i. Community trade mark II. Supplementary protection certificates III. Community designs 2. Agriculture 3. 4. Transport policy Taxation Annex IV: list referred to in article 17 of the Protocol: supplementary adaptations to acts adopted by the institutions agriculture agricultural legislation b. veterinary and Phytosanitary Legislation annex v: list referred to in article 18 of the Protocol: other permanent provisions 1. Company law 2. 3. Competition policy 4 agriculture. Customs Union Appendix to annex V annex VI: list referred to in article 20 of the Protocol: transitional measures-Bulgaria 1. Free movement of people 2. Free provision of services 3. Free movement of capital 4. Agriculture agricultural legislation b. veterinary and Phytosanitary Legislation 5. 6. Transport policy Taxation 7. Social policy and employment 8. 9 energy. Information and telecommunications technologies 10. A. air quality environment b. c. waste management water quality d. industrial pollution and risk management Appendix to annex VI Annex VII: list referred to in article 20 of the Protocol: transitional measures-Romania 1. Free movement of people 2. Free provision of services 3. Free movement of capital 4. Competition policy fiscal Aid. B. steel restructuring 5. Agriculture agricultural legislation b. veterinary and Phytosanitary Legislation veterinary legislation i. II. Phytosanitary legislation 6. 7. Transport policy 8 taxation. 9 energy. A. air quality environment b. c. waste management water quality d. industrial pollution and risk management Appendix A Appendix B to annex VII annex VII Annex VIII: rural development (referred to in article 34 of the Protocol) Annex IX: specific commitments undertaken, and requirements accepted, by Romania at the conclusion of the accession negotiations on 14 December 2004 (referred to in article 39 of the Protocol)


C. Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the treaties on which the European Union is founded part one: the basics part two: adjustments to the treaties title I institutional Provisions: title II: Other adjustments to part three: permanent Provisions title I: adjustments to the acts adopted by the institutions Title II: Miscellaneous provisions part four : Temporary Provisions title I transitional measures: Title II: institutional provisions title III: financial provisions Title IV: Miscellaneous provisions part five: Provisions concerning the application of this Act Title I: Establishment of the institutions and bodies Title II: applicability of the acts of the institutions title III: final provisions Annexes Annex i: list of conventions and protocols to which Bulgaria and Romania accede upon accession (referred to in paragraph 3 of article 3 of the Act of accession) Annex II: list of provisions of the Schengen acquis integrated into the framework of the European Union and the acts building upon it or otherwise related to it that link the new Member States and shall apply in those States from the date of accession (referred to in paragraph 1 of article 4 of the Act of accession) Annex III: list referred to in article 19 of the Act of accession : adjustments to the acts adopted by the institutions 1. Company law industrial property rights i. Community trade mark II. Supplementary protection certificates III. Community designs 2. Agriculture 3. 4. Transport policy Taxation Annex IV: list referred to in article 20 of the Act of accession: supplementary adaptations of acts adopted by the institutions agriculture agricultural legislation b. veterinary and Phytosanitary Legislation annex v: list referred to in article 21 of the Act of accession: other permanent provisions 1. Company law 2. 3. Competition policy 4 agriculture. Customs Union Appendix to annex V annex VI: list referred to in article 23 of the Act of accession: transitional measures, Bulgaria-1. Free movement of people 2. Free provision of services 3. Free movement of capital 4. Agriculture agricultural legislation b. veterinary and Phytosanitary Legislation 5. 6. Transport policy Taxation 7. Social policy and employment 8. 9 energy. Information and telecommunications technologies 10. A. air quality environment b. c. waste management water quality d. industrial pollution and risk management Appendix to annex VI Annex VII: list referred to in article 23 of the Act of accession: transitional measures-Romania 1. Free movement of people 2. Free provision of services 3. Free movement of capital 4. Competition policy fiscal Aid. B. steel restructuring 5. Agriculture agricultural legislation b. veterinary and Phytosanitary Legislation veterinary legislation i. II. Phytosanitary legislation 6. 7. Transport policy 8 taxation. 9 energy. A. air quality environment b. c. waste management water quality d. industrial pollution and risk management Appendix A Appendix B to annex VII annex VII Annex VIII: rural development (referred to in article 34 of the Act of accession) Annex IX: specific commitments undertaken, and requirements accepted, by Romania at the conclusion of the accession negotiations on 14 December 2004 (referred to in article 39 of the Act of accession) Minutes End i. text of the Final Act II. Statements a. joint declarations of the present Member States 1. Joint Declaration on the free movement of workers: Bulgaria 2. Joint Declaration on grain legumes: Bulgaria 3. Joint Declaration on the free movement of workers: Romania 4. Joint Declaration on rural development: Bulgaria and Romania B. Joint Declaration of the present Member States and the Commission 5. Joint Declaration on Bulgaria and Romania's preparations for accession c. Joint Declaration of various present 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 D. Declaration by the Republic of Bulgaria 7. Declaration by the Republic of Bulgaria on the use of the Cyrillic alphabet in the European Union III. Exchange of letters between the European Union and the Republic of Bulgaria and Romania on an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding the accession 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 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 (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 his 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 of 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 CYPRUS, the PRESIDENT of the REPUBLIC OF LATVIA, the PRESIDENT of the REPUBLIC OF LITHUANIA, his 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, the FEDERAL PRESIDENT of the REPUBLIC of AUSTRIA, the 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 of the United Kingdom of Great Britain and NORTHERN IRELAND, United in the desire to pursue the attainment of the objectives of the European Union, determined to carry forward the process of creating an ever closer Union among the peoples of Europe, based on established foundations,


Whereas article I-58 of the Treaty establishing a Constitution for Europe, like article 49 of the Treaty on European Union, offer to European countries the possibility of becoming members of the Union, whereas the Republic of Bulgaria and Romania was asked to become members of the Union, whereas the Council, after obtaining the opinion of the Commission and the assent of the European Parliament , ruled in favour of the admission of these States, whereas, 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 and the Republic of Bulgaria and Romania should join the European Union as exists on 1 January 2007, have agreed upon the conditions and arrangements for admission and to this end have designated as their Plenipotentiaries: His Majesty the King of the Belgians, Karel DE GUCHT Minister of Foreign Affairs Didier DONFUT Secretary of State for European Affairs, Deputy Foreign Minister of the Republic of Bulgaria, Georgi PARVANOV President Simeon Saxe-Coburg Prime Minister Solomon PASSY Minister of Foreign Affairs Meglena KUNEVA Minister of European Affairs the PRESIDENT of the CZECH REPUBLIC, Vladimír MÜLLER Vice-Minister of Foreign Affairs responsible for European Affairs 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 Secretary of State Claus GRUBE Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the Kingdom of Denmark to the European Union the President of the FEDERAL Republic of GERMANY, Mr Hans Martin BURY Deputy Minister, Federal Ministry for Foreign Affairs Wilhelm SCHÖNFELDER Ambassador Extraordinary and Plenipotentiary , Permanent Representative of the Federal Republic of Germany to the European Union the PRESIDENT of the REPUBLIC of ESTONIA, Urmas PAET Minister of Foreign Affairs Mr Väino REINART, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the Republic of Estonia to the European Union the PRESIDENT of the HELLENIC REPUBLIC, Yannis VALINAKIS Secretary of State for Foreign Affairs KASKARELIS Vassilis Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the Hellenic Republic to the European Union his Majesty the KING of SPAIN Miguel Angel MORATINOS CUYAUBÉ, Minister for Foreign Affairs and cooperation Alberto NAVARRO GONZÁLEZ, Secretary of State for the European Union the PRESIDENT of the FRENCH REPUBLIC, Claudie HAIGNERÉ Delegated Minister with the Minister of Foreign Affairs, in charge of European Affairs Pierre SELLAL Ambassador Extraordinary and Plenipotentiary, Permanent Representative of France to the European Union the PRESIDENT of IRELAND, Dermot AHERN'S Foreign Minister Noel TREACY Deputy Minister responsible for European Affairs, the PRESIDENT of the ITALIAN REPUBLIC, Roberto MATHEW'S Secretary of State for Foreign Affairs Rocco Antonio CANGELOSI Ambassador Extraordinary and Plenipotentiary, Permanent Representative of Italy to the European Union the PRESIDENT of the REPUBLIC OF CYPRUS, Foreign Minister George IACOVOU EMILIOU Nicholas Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the Republic of Cyprus to the 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 Foreign Minister Albinas JANUSKA Under-secretary, Ministry of Foreign Affairs HRH the Grand Duke of Luxembourg, Jean-Claude JUNCKER, Prime Minister, Minister of State, Finance Minister Jean ASSELBORN-Deputy Prime Minister, Minister for Foreign Affairs and immigration, President of the REPUBLIC of HUNGARY Dr. Ferenc SOMOGYI, Minister for Foreign Affairs Dr. Etele BARÁTH Minister without portfolio, responsible for European Affairs, the PRESIDENT of MALTA, The Hon Michael FRENDO Foreign Minister Richard CACHIA CARUANA Ambassador Extraordinary and Plenipotentiary, Permanent Representative of Malta to the European Union HIS MAJESTY the Queen of the Netherlands, Dr. B.R. BOT Minister of Foreign Affairs Atzo NICOLAÏ Minister for European Affairs the 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 POLAND, Adam Daniel ROTFELD Minister of Foreign Affairs Jarosław PIETRAS, Secretary of State responsible for European Affairs, the PRESIDENT of the PORTUGUESE REPUBLIC, Diogo PINTO DE FREITAS DO AMARAL, Minister of State for Foreign Affairs Fernando Manuel de MENDONÇA D'oliveira NEVES, Secretary of State for European Affairs, the President of Romania Traian BĂSESCU, President of Romania, Călin POPESCU-tăriceanu Prime Minister Mihai Răzvan UNGUREANU, Romania-Foreign Affairs Minister Leonard ORBAN head of delegation for the negotiations with the European Union the PRESIDENT of the REPUBLIC of SLOVENIA, Božo CERAR, State Secretary, Ministry of Foreign Affairs the PRESIDENT of the SLOVAK REPUBLIC, Eduard KUKAN Minister for Foreign Affairs József BERÉNYI Secretary of State of the Ministry of Foreign Affairs the PRESIDENT of the REPUBLIC of FINLAND Eikka KABIR, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the Republic of Finland to the European Union the GOVERNMENT of the KINGDOM of SWEDEN, Laila FREIVALDS Minister for Foreign Affairs Sven-Olof PETERSSON Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the Kingdom of Sweden to the European Union HIS MAJESTY the Queen of the United Kingdom of Great Britain and NORTHERN IRELAND, Sir John GRANT KCMG Ambassador Extraordinary and Plenipotentiary , Permanent Representative of the United Kingdom of Great Britain and Northern Ireland to the European Union which, after having exchanged their full powers found in good and due form, have agreed as follows: article 1 1. The Republic of Bulgaria and Romania to become members of the European Union.


2. the Republic of Bulgaria and Romania become parties to the Treaty establishing a Constitution for Europe and to the Treaty establishing the European Atomic Energy Community as amended or supplemented.

3. the conditions and arrangements for admission set out in the Protocol annexed to this Treaty. The provisions of this Protocol shall form an integral part of this Treaty.

4. The Protocol and its annexes and appendices, have been annexed to the Treaty establishing a Constitution for Europe and to the Treaty establishing the European Atomic Energy Community, making its provisions form 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 supplemented.

In this case, paragraphs 2 to 4 of article 1 shall apply from the date of entry into force of the Treaty establishing a Constitution for Europe.

2. the conditions of admission and the adjustments to the treaties on which the Union is founded, as a result of this admission, applicable from the date of accession until the date of entry into force of the Treaty establishing a Constitution for Europe, are set out in the Act annexed to this Treaty. The provisions of this Act shall form an integral part of this Treaty.

3. In the event that the Treaty establishing a Constitution for Europe enters into force after accession, the Protocol referred to in paragraph 3 of article 1 shall replace the Act referred to in paragraph 2 of article 2 on the date of entry into force of the said Treaty. In this case, it is considered that the provisions of the said Protocol do not produce new legal effects but safeguard, in accordance with the conditions laid down in the Treaty establishing a Constitution for Europe the Treaty establishing the European Atomic Energy Community, and in this Protocol, the legal effects ever produced by the provisions of the Act referred to in paragraph 2 of article 2.

Acts adopted before the entry into force of the Protocol referred to in paragraph 3 of article 1 on the basis of the present Treaty or Act referred to in paragraph 2 shall remain in force and their legal effects are safeguarded until those acts are amended or repealed.

Article 3 provisions concerning the rights and obligations of Member States, as well as the powers and jurisdiction of the institutions of the Union, as set out in the treaties to which the Republic of Bulgaria and Romania become parties shall apply with regard to this Treaty.

Article 4 1. The present Treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional requirements. The 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 the instruments of ratification have been deposited before that date.

If, however, one of the States referred to in paragraph 1 of article 1 has not deposited in due time your instrument of ratification, this Treaty shall enter into force with respect to another State that has deposited your instrument. In this case, the Council, acting unanimously, shall decide immediately adaptations which therefore becomes essential to introduce in this Treaty, in article 10, paragraph 2 of article 11, article 12, paragraph 1 of article 21, and in articles 22, 31, 34 and 46, and of the Protocol referred to in paragraph 3 of article 1 and If appropriate, in articles 9 to 11, in paragraph 3 of article 14, article 15, paragraph 1 of article 24, and in articles 31, 34, 46 and 47, as well as in paragraph 1, b), and points 2 and 3 of paragraph 2 of annex III and in annex IV, section B of the Act referred to in paragraph 2 of article 2; acting unanimously, the Council could also declare null and void or adapt the provisions of the said Protocol, as well as its annexes and appendices and, where appropriate, of the said Act, as well as its annexes and appendices, which refer expressly to a State which has not deposited the ratification instrument your.

Notwithstanding the deposit of all instruments of ratification required under paragraph 1, this Treaty shall enter into force on 1 January 2008 if the Council adopts a decision concerning both acceding States under article 39 of the Protocol referred to in paragraph 3 of article 1, or under article 39 of the Act referred to in paragraph 2 of article 2 before the entry into force of the Treaty establishing a Constitution for Europe.

If such a decision is taken only in relation to one of the acceding States, this Treaty shall enter into force for this State on 1 January 2008.

3. Notwithstanding paragraph 2, the institutions of the Union may adopt before accession the measures referred to in paragraph 6 of article 3, the second subparagraph of paragraph 2, the second subparagraph of paragraph 4, in the second and third subparagraphs of paragraph 7, in the second subparagraph of paragraph 8 and in the third subparagraph of paragraph 9 of article 6, in articles 17 and 19 , in paragraphs 1 and 4 of article 27, paragraphs 4 and 5 of article 28, article 29, paragraph 3 of article 30, paragraph 4 of article 31, paragraph 5 of article 32, paragraphs 3 and 4 of article 34, articles 37 and 38, paragraph 4 of article 39, in articles 41 , 42, 55, 56 and 57 and annexes IV to VIII of the Protocol referred to in paragraph 3 of article 1. Such measures shall be adopted under the equivalent provisions of paragraph 6 of article 3, the second subparagraph of paragraph 2, the second subparagraph of paragraph 4, the second and third subparagraphs of paragraph 7, the second subparagraph of paragraph 8 and the third subparagraph of paragraph 9 of article 6, of articles 20 and 22, paragraphs 1 and 4 of article 27 , of paragraphs 4 and 5 of article 28, article 29, paragraph 3 of article 30, paragraph 4 of article 31, paragraph 5 of article 32, paragraphs 3 and 4 of article 34, articles 37 and 38, paragraph 4 of article 39, articles 41, 42, 55, 56 and 57 and annexes IV to VIII of the Act referred to in paragraph 2 of article 2 before the entry into force of the Treaty establishing a Constitution for Europe.

Such measures shall enter into force 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 drawn up in the Bulgarian and Romanian languages, is annexed to this Treaty. These texts shall be authentic under the same conditions as the texts of the Treaty establishing a Constitution for Europe drawn up in the Czech, Danish, Dutch, English, Slovakian, Slovenian, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Spanish and Swedish.

The Government of the Italian Republic shall transmit to the Governments of the Republic of Bulgaria and Romania a certified copy of the Treaty establishing a Constitution for Europe in all the languages referred to in the first subparagraph.

Article 6 this Treaty, drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Slovakian, Slovenian, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak and Swedish languages, each of these texts being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which shall transmit a certified copy to each of the Governments of the other signatory States.

В ПОТВЪРЖДЕНИЕ НА КОЕТО, долуподписаните упълномощени представители подписаха настоящия договор.

EN FE DE LO CUAL, los plenipotenciarios abajo firmantes suscriben el this Treaty.

On ČEHOŽ připojili podepsaní níže DŮKAZ zástupci k této zplnomocnění své smlouvě podpisy.

TIL BEKRÆFTELSE HERAF har undertegnede befuldmægtigede underskrevet denne traktat.

ZU URKUND DESSEN haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter diesen Vertrag gesetzt.

SELLE KINNITUSEKS täievolilised esindajad käesolevale lepingule nimetatud on alla kirjutanud.

ΣΕ ΠΙΣΤΩΣΗ ΤΩΝ ΑΝΩΤΕΡΩ, οι κάτωθι υπογεγραμμένοι πληρεξούσιοι υπέγραψαν την παρούσα Συνθήκη.

In WITNESS WHEREOF the Plenipotentiaries have signed this Treaty Arbitration Forum.

EN QUOI les plénipotentiaires was soussignés ont apposé, leurs signatures au bas du présent traité.

GIVE FHIANÚ SIN, chuir na Lánchumhachtaigh thíos-sínithe lámh leis an gConradh seo the.

In FEDE DI CHE, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente treatise.

To APLIECINOT, Pilnvarotie go parakstījuši šo Līgumu.

TAI PALIUDYDAMI Sutartį šią pasirašė toliau įgaliotieji atstovai nurodyti.

FENTIEK HITELÉÜL az meghatalmazottak ezt a aláírták alulírott szerződést.

(B) ' XIEHDA TA ' DAN il-Plenipotenzjarji sottoskritti iffirmaw dan it-Trattat.
TEN BLIJKE WAARVAN de ondergetekende gevolmachtigden hun handtekening onder dit Verdrag hebben gesteld.

DOWÓD w podpisani pełnomocnicy złożyli swoje niżej CZEGO podpisy niniejszym Traktatem pod.

In WITNESS WHEREOF, the Plenipotentiaries undersigned signed signed this Treaty.

DREPT plenipotenţiari au semnat prezentul subsemnaţii CARE tratat.

In splnomocnení podpísali túto zástupcovia DÔKAZ TOHO zmluvu.

V POTRDITEV spodaj podpisani OS pooblaščenci podpisali TEGA to pogodbo.

TÄMÄN VAKUUDEKSI ALLA MAINITUT täysivaltaiset edustajat ovat allekirjoittaneet tämän sopimuksen.

SOM BEKRÄFTELSE PÅ DETTA har undertecknade befullmäktigade ombud undertecknat detta fördrag.



Съставено в Люксембург на двадесет и пети април две хиляди и пета година.

Hecho en Luxembourg, el veinticinco de April del of 1005.

V Lucemburku dne dvacátého pátého dva tisíce pět dubna.

Udfærdiget i Luxembourg den femogtyvende april to tusind og fire.

Geschehen zu Luxemburg am fünfundzwanzigsten April zweitausendfünf.

Kahe tuhande viienda aasta aprillikuu kahekümne viiendal päeval Luxembourgis.

΄Εγινε στις είκοσι πέντε στo Λουξεμβούργο, δύο χιλιάδες Απριλίου πέντε.

Done at Luxembourg on the twenty-fifth day of April in the year two thousand and five.

Fait à Luxembourg, le vingt-cinq avril deux mille cinq.

Arna dhéanamh i Lucsamburg, an cúigiú d ' Aibreán sa bhliain fichead there dhá mhíle is a cúig.

Fatto a Lussembourgo, addi ' venticinque aprile duemilacinque.

Luksemburgā, piektā divdesmit piektajā aprīlī divtūkstoš gada.

Priimta du tūkstančiai penktų balandžio penktą dieną Liuksemburge dvidešimt METU.

Kelt Luxembourgban, kettőezer év huszonötödik napján április ötödik.

Magħmul fil-Lussemburgu, fil-ħamsa u għoxrin jum ta ' tas-sena elfejn u April ħamsa.

Gedaan te Luxemburg, de vijfentwintigste april tweeduizend vijf.

Sporządzono w Luksemburgu dnia dwudziestego piątego roku dwutysięcznego piątego kwietnia.

Done at Luxembourg, 25 April 2005.

Întocmit la Luxemburg douăzecişicinci anul două mii aprilie la cinci.

V Luxembourgu, petindvajsetega aprila leta dva tisoč pet.

V Luxemburgu dvadsiateho piateho dňa apríla dvetisícpäť.

Tehty Luxemburgissa kahdentenakymmenentenäviidentenä päivänä huhtikuuta vuonna kaksituhattaviisi.

SOM skedde i Luxemburg den tjugofemte april tjugohundrafem.













PROTOCOL CONCERNING the CONDITIONS and arrangements for ADMISSION of the REPUBLIC OF BULGARIA and Romania to the EUROPEAN UNION the HIGH CONTRACTING PARTIES, whereas the Republic of Bulgaria and Romania to become members of the European Union on 1 January 2007;

Whereas article I-58 of the Treaty establishing a Constitution for Europe stipulates that the conditions and arrangements for admission shall be agreed between the Member States and the candidate State, have agreed upon the following provisions, which shall be annexed to the Treaty establishing a Constitution for Europe and to the Treaty establishing the European Atomic Energy Community: part one PRINCIPLES article 1 1. For the purposes of this Protocol: – by "Constitution" means the Treaty establishing a Constitution for Europe;

-by ' EAEC Treaty ' means the Treaty establishing the European Atomic Energy Community, supplemented or amended by treaties or other acts which entered into force before accession;


-"Present 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 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;

– for "new Member States" means the Republic to Bulgaria and Romania;

-by "institutions" means the institutions created by the Constitution.

2. references in this Protocol to the Constitution and the Union should, where appropriate, be taken as references to the Euratom Treaty and the community established by the EAEC Treaty. Article 2 from the date of accession, the provisions of the Constitution, of the EAEC Treaty and acts adopted by the institutions before accession shall be binding on the Bulgaria and Romania and shall apply in those States under the Constitution, of the EAEC Treaty and this Protocol.

Article 3 1. The Bulgaria and Romania adhere to the decisions and agreements adopted by the representatives of the Governments of the Member States meeting within the Council.

2. The Bulgaria and Romania are in the same situation as the present Member States in respect of declarations, resolutions or other positions adopted by the European Council or of the Council, as well as with regard to the respect of the Union adopted by common agreement between the Member States; should therefore respect the principles and guidelines arising therefrom and take the necessary measures to ensure their implementation.

3. The Bulgaria and Romania adhere to the conventions and protocols listed in Annex i. those conventions and protocols enter into force in relation to Bulgaria and Romania on the date determined by the Council in the decisions referred to in paragraph 4.

4. The Council, acting unanimously on a recommendation from the Commission and after consulting the European Parliament, shall adopt European decisions by all the necessary adaptations by reason of accession, the conventions and protocols referred to in paragraph 3 and publish the adapted text in the official journal of the European Union.

5. The Bulgaria and Romania undertake in respect of those conventions or protocols referred to in paragraph 3, to introduce administrative and other measures, similar to those adopted by the date of accession by the present Member States or by the Council, and to facilitate practical cooperation between the institutions and organizations in the Member States. 6. The Council, acting unanimously on a proposal from the Commission, may adopt European decisions adding to annex I to the conventions, agreements and protocols signed before the date of accession.

7. The specific instruments mentioned in this article include those referred to in article IV-438 of the Constitution.

Article 4 1. The provisions of the Schengen acquis, as referred to in Protocol No 17 of the Constitution concerning the Schengen acquis integrated into the framework of the European Union and the acts building upon it or otherwise related to it, listed in annex II, as well as any other acts adopted before the date of accession, shall be binding on the Bulgaria and Romania and shall apply in those States from the date of accession.

2. the provisions of the Schengen acquis integrated into the framework of the European Union and the acts building upon it or otherwise related to it not referred to in paragraph 1, while binding on the Bulgaria and Romania from the date of accession, shall apply in each of those States pursuant to a European decision of the Council to the effect After verification, in accordance with the applicable Schengen evaluation procedures, compliance with that State the conditions necessary for the implementation of all parts of the acquis concerned.

The Council takes the your decision, after consulting the European Parliament, acting by unanimity of its members representing the Governments of the Member States in respect of which the provisions referred to in this paragraph have already entered into force and the representative of the Government of the Member State in respect of which those provisions should enter into force. The members of the Council representing the Governments of Ireland and the United Kingdom of Great Britain and Northern Ireland will be taking part in this decision in so far as the same relates to the Schengen acquis and the acts building upon it or otherwise related to it in which these States participate. Article 5 the Bulgaria and Romania shall participate in economic and Monetary Union from the date of accession as Member States with a derogation within the meaning of article III-197 of the Constitution.

Article 6 1. The agreements or conventions concluded or provisionally applied by the Union with one or more third States, with an international organisation or with a national of a third State, link to Bulgaria and Romania under the Constitution and the present Protocol.

2. The Bulgaria and Romania undertake to accede, under this Protocol, to the agreements or conventions concluded or signed by the Union and by Member States.

The accession of Bulgaria and Romania to the agreements or conventions concluded or signed by the Union and by the present Member States with certain third countries or international organisations shall be agreed by the conclusion of a protocol to such agreements or conventions between the Council, acting unanimously on behalf of the Member States and the third country or countries or international organisation concerned. The Commission shall negotiate these protocols on behalf of the Member States on the basis of negotiating directives adopted by the Council, acting unanimously, and in consultation with a Committee composed of representatives of the Member States. The Commission shall submit to the Council the draft protocols for celebration.

This procedure is without prejudice to the exercise of Union own powers nor does it affect the allocation of powers between the Union and the Member States as regards the conclusion of such agreements in the future or any other amendments not related to accession. 3. When adhering to the agreements and conventions referred to in paragraph 2, Bulgaria and Romania shall, within the framework of these agreements and conventions, the same rights and obligations as the existing Member States.


4. 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 existing before accession, with the exception of the free movement of persons concluded with Switzerland. This obligation shall also apply to agreements or conventions which the Union and the present Member States have agreed to apply provisionally.

Pending the entry into force of the protocols referred to in paragraph 2, the Union and the Member States, acting jointly if necessary within their respective competences, shall take the appropriate measures.

5. The Bulgaria and Romania join the partnership agreement between the African, Caribbean and Pacific States and the European Community and its Member States 1, signed in Cotonou on 23 June 2000.

6. The Bulgaria and Romania undertake to accede, under this Protocol, the agreement on the European economic area 2, in accordance with article 128 of that agreement.

7. from the date of accession, Bulgaria and Romania shall apply the bilateral agreements and arrangements concerning textiles concluded by the Union with third countries.

The quantitative restrictions applied by the Union on imports of textile and clothing products shall be adjusted to take account of the accession of Bulgaria and Romania to the European Union. To this end, the Union can negotiate with third countries concerned, before the date of accession, amendments to the bilateral agreements and arrangements referred to above.
1 OJ L 317 of 15.12.2000, p. 3.
2 OJ L 1 of 3.1.1994, p. 3.

If the amendments to the bilateral agreements and arrangements relating to textiles have not yet entered into force at the date of accession, the Union shall carry out the necessary adjustments to its rules for the import of textile and clothing products to take account of the accession of Bulgaria and Romania.

8. The quantitative restrictions applied by the Union on imports of steel and steel products shall be adjusted on the basis of imports effected during the last years by Bulgaria and Romania, of steel products originating in the supplier countries concerned.

For this purpose, should be negotiated prior to the date of accession, the necessary amendments to the bilateral agreements and arrangements concluded by the Union with third countries.

If the amendments to the bilateral agreements and arrangements not have entered into force at the date of accession, shall apply the provisions of the first paragraph.

9. Fisheries agreements concluded before accession by Bulgaria or Romania with third countries shall be managed by the Union.

The rights and obligations arising out of these agreements for Bulgaria and Romania are not affected during the period in which the provisions of the agreements are provisionally maintained.

As soon as possible, but always before the expiry of the agreements referred to in the first subparagraph, shall be taken, case by case, by the Council, on a proposal from the Commission, the appropriate decisions of continuation of fishing activities resulting from those agreements, including the possible extension of some of them for maximum periods of one year.

10. with effect from the date of accession, Bulgaria and Romania shall withdraw from any free trade agreements with third countries, including the Central European free trade agreement.

To the extent that agreements between Bulgaria, Romania or both States, on the one hand, and one or more third States, on the other, are not compatible with the obligations under this Protocol, Bulgaria and Romania should draw on all appropriate steps to eliminate the incompatibilities established. If one of the two States encountering difficulties in adapting to an agreement concluded before accession with one or more third countries, will withdraw from the agreement, in accordance with the provisions laid down in that Treaty.

11. The Bulgaria and Romania accede under the conditions laid down in this Protocol, to the internal agreements concluded by the present Member States for implementation of the agreements or conventions referred to in paragraphs 2, 5 and 6.

12. The Bulgaria and Romania shall take appropriate measures, if necessary, to adapt the rights and obligations of your membership to your position in relation to international organizations and international agreements in which are also parties to the Union or other Member States.

In particular, the new Member States shall withdraw at the date of accession or as soon as possible after the same, international fisheries agreements and organisations to which the European Union is also part, unless your membership relates to other areas than fisheries.

13. Where reference is made in this article reference is made to conventions or agreements concluded or signed by the Union, including those referred to in article IV-438 of the Constitution.

Article 7 1. The transitional provisions laid down in this Protocol can be revoked by a European law of the Council when they apply. The Council shall act unanimously after consulting the European Parliament.

Article 8 1. The acts adopted by the institutions referred to the transitional provisions laid down in this Protocol save your legal nature; in particular, the processes of change of such acts continue to be applicable to them.

2. The provisions of this Protocol which have as their object or effect to repeal or amend acts adopted by the institutions, the non-transient title, have the same legal nature that the provisions so repealed or altered and shall be subject to the same rules as the latter.

Article 9 implementation of the Constitution and the acts adopted by the institutions shall be subject, on a transitional basis, the derogations provided for in this Protocol.

SECOND PART ADAPTATIONS of the CONSTITUTION title I INSTITUTIONAL PROVISIONS article 10 1. The first paragraph of article 9 of Protocol No 3 that defines the Statute of the Court of Justice of the European Union, annexed to the Constitution and to the EAEC Treaty shall be replaced by the following: "the partial replacement of the judges, which is held every three years, alternately in fourteen and thirteen concerns judges."

2. Article 48 of the Protocol No 3 that defines the Statute of the Court of Justice of the European Union, annexed to the Constitution and to the EAEC Treaty shall be replaced by the following: "article 48 the General Court consists of twenty-seven judges.".

Article 11


The Protocol No 5 which defines the Statute of the European Investment Bank, annexed to the Constitution, is hereby amended as follows: 1. In the first subparagraph of paragraph 1 of article 4: a) the introductory phrase is replaced by the following: "1. The Bank's capital is EUR 164 795 737 000, subscribed by the Member States as follows *: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ * the values listed for Bulgaria and Romania are indicative and based on the 2003 data published by Eurostat.";

b) Between the entries for Ireland and Slovakia: "Romania 846 000 000";

c) between the entries for Slovenia and Lithuania, insert: "Bulgaria 296 000 000".

2. In paragraph 2 of article 9, the first, second and third subparagraphs are replaced by the following: "2. The Board of Directors consists of 28 directors and alternate directors 18.

Administrators are appointed for a period of five years by the Board of Governors, designating each Member State an administrator. The Commission shall appoint an administrator.

Alternate administrators are appointed for a period of five years by the Board of Governors, as follows: — 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 United Kingdom of Great Britain and Northern Ireland-one alternate nominated by common accord of the Kingdom of Spain and the Portuguese Republic ,-one 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 of Denmark, the Hellenic Republic, by 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 , by 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 designated by the Commission. "

Article 12 the first subparagraph of paragraph 2 of article 134 of the EAEC Treaty on the composition of the scientific and Technical Committee, shall be replaced by the following: "2. The Committee shall consist of 41 members, appointed by the Council, after consulting the Commission."

TITLE II OTHER ADJUSTMENTS article 13 the last sentence of paragraph 1 of article III-157 of the Constitution is replaced by the following: "as regards the restrictions in force in Bulgaria, Estonia and Hungary under national laws, the date is December 31, 1999."

Article 14 paragraph 1 of article IV-440 of the Constitution is replaced by the following: "1. this Treaty shall apply to the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic , the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland. "

Article 15 1. The following subparagraph is added to paragraph 1 of article IV-448. º of the Constitution: "by virtue of the accession treaty, are equally authentic versions of this Treaty in the Bulgarian and Romanian languages."

2. The second paragraph of article 225 of the EAEC Treaty shall be replaced by the following: "are equally authentic versions of this Treaty in the Bulgarian, Czech, Danish, Dutch, English, Slovakian, Slovenian, Estonian, Finnish, Greek, Hungarian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian and Swedish."

PART THREE PERMANENT PROVISIONS title I ADJUSTMENTS to the ACTS ADOPTED by the INSTITUTIONS article 16 The acts listed in annex III to this Protocol must be adapted in accordance with that annex.

Article 17 the adaptations to the acts listed in annex IV to this Protocol, required as a result of accession, shall be made in accordance with the guidelines set out in that annex.

TITLE II OTHER PROVISIONS article 18 The measures listed in Annex V of this Protocol are to be applied under the conditions laid down in that annex.

Article 19 By European law of the Council, the provisions of this Protocol relating to the common agricultural policy may be adaptations that are necessary as a result of changes of Union law. The Council shall act unanimously after consulting the European Parliament.

PART FOUR TEMPORARY PROVISIONS title I TRANSITIONAL MEASURES article 20 The measures listed in annexes VI and VII to this Protocol, shall apply in relation to Bulgaria and Romania under the conditions laid down in those annexes.

TITLE II INSTITUTIONAL PROVISIONS article 21 1.Ao paragraph 2 of article 1 of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union annexed to the Constitution and to the Euratom Treaty, the following subparagraph is added: "by way of derogation from the maximum number of members of the European Parliament referred to in paragraph 2 of article I-20 of the Constitution, the number of members of the European Parliament shall be increased to take account of the accession of Bulgaria and Romania with the following number of members of these countries for the period between the date of accession and the beginning of the 2004-2009 legislature of the European Parliament: 18 Bulgaria Romania 35 ".

2. Before 31 December 2007, Bulgaria and Romania shall be elected by direct universal suffrage to its citizens, the number of members of the European Parliament referred to in paragraph 1, in accordance with the provisions of the Act concerning the election of representatives to the European Parliament by direct universal suffrage 1.


3. By way of derogation from paragraph 3 of article I-20 of the Constitution, if elections take place after the date of accession, the members of the European Parliament, representatives of the citizens of Bulgaria and Romania for the period between the date of accession and each of the elections referred to in paragraph 2, shall be appointed by the national parliaments of those States among its members under the terms established by each of those States.

Article 22 1.No second subparagraph of paragraph 2 of article 2 of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union annexed to the Constitution and to the Euratom Treaty, the following is inserted between the entries for Belgium and the Czech Republic: "Bulgaria 10", and, between the entries for Portugal and Slovenia: "Romania 14".

2. The third subparagraph of paragraph 2 of article 2 of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union annexed to the Constitution and to the EAEC Treaty shall be replaced by the following: "When, under the Constitution, is required to deliberate on a proposal from the Commission, the deliberations shall be considered approved if you obtain at least 255 votes expressing the favourable vote of the majority of members. 1 OJ L 278 of us 8.10.1976, p. 5. Act as last amended by decision 2002/772/EC, Euratom (OJ L 283 of 21.10.2002, p. 1). other cases, decisions are taken if they get at least 255 votes expressing the favourable vote 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 to the Euratom Treaty, the following is inserted between the entries for Belgium and the Czech Republic: "12", Bulgaria and, between the entries for Portugal and Slovenia: "Romania 15".

Article 24 Article 7 of Protocol No 34 on the transitional provisions relating to the institutions and bodies of the Union annexed to the Constitution and to the Euratom Treaty, the following is inserted between the entries for Belgium and the Czech Republic: "12", Bulgaria and, between the entries for Portugal and Slovenia: "Romania 15".

TITLE III FINANCIAL PROVISIONS article 25 1. From the date of accession, Bulgaria and Romania shall pay the amounts listed below, corresponding to your share of capital to pay for the subscribed capital as defined in article 4 of Protocol No 5 which defines the Statute of the European Investment Bank, annexed to the Constitution: 1 EUR 14 800 000 Bulgaria Romania EUR 42 300 000.

These quotas shall be paid in eight equal installments, to win in 31 May 2007, 31 May 2008, 31 May 2009, 30 November 2009, 31 May 2010, 30 November 2010, 31 May 2011 and 30 November 2011.

2. The Bulgaria and Romania shall contribute, in eight equal installments to win the dates referred to in paragraph 1, to the reserves and provisions equivalent to reserves, as well as to the amount still to be destined to come to the reserves and provisions, comprising the balance of the profit and loss account, established at the end of the month preceding accession as shown on the balance sheet of the Bank, with amounts corresponding to the following percentages of the reserves and provisions 2:0.181% Bulgaria Romania 0.517%.

3. The capital and the amounts referred to in paragraphs 1 and 2 shall be paid by Bulgaria and Romania in cash in euro, save by way of derogation decided unanimously by the Board of Governors.

Article 26 1. The Bulgaria and Romania shall pay the following amounts to the Research Fund for coal and steel referred to in decision 2002/234/ECSC of the representatives of the Governments of the Member States, meeting within the Council, 1 the values mentioned are indicative and based on the 2003 data published by Eurostat.
2 the values mentioned are indicative and based on the 2003 data published by Eurostat. of 27 February 2002 on the financial consequences of the termination of the ECSC Treaty and on the Research Fund for coal and steel: 1 (EUR milhões, at current prices) 11.95 Bulgaria Romania 29.88.

2. The contributions to the Research Fund for coal and steel shall be made in four instalments starting in 2009 and paid as follows, always on the first working day of the first month of each year: 2009:15%: 20% 2010 2011:30% 2012:35%.

Article 27 1. From the date of accession, the contests, the contracting and payments for pre-accession assistance under the Phare programme Phare CBC programme 2 and 3 and assistance under the transition facility referred to in article 31 shall be managed, in Bulgaria and Romania, by the implementing agencies from the date of accession.

The Commission will waive the ex-ante control of your contest and procurement process through the adoption of a decision to that effect, following an accreditation procedure conducted by the Commission and a positive evaluation of the extended decentralised implementation System (EDIS) in accordance with the criteria and the 1 OJ L 79 of 22.3.2002, p. 42. 2 Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid in favour of certain countries of Central and Eastern Europe (OJ L 375 of 23.12.1989, p. 11). Regulation as last amended by Regulation (EC) no 769/2004 (OJ L 123 of 27.4.2004, p. 1).
3 Regulation (EC) No 2760/98 of 18 December 1998 concerning the implementation of a programme for cross-border cooperation within the Phare programme (OJ L 345 of 19.12.1998, p. 49). Regulation as last amended by Regulation (EC) no 1822/2003 (OJ L 267 of 17.10.2003, p. 9). conditions set forth in the annex to Commission Regulation (EC) no 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/89 1, and in article 164 of the financial regulation applicable to the general budget of the European communities 2.

If this Commission decision to waive ex-ante control has not been taken before the date of accession, the contracts signed between the date of accession and the date on which the Commission decision is taken shall not be eligible for pre-accession assistance.


However, exceptionally, if the Commission decision to waive ex-ante control is delayed beyond the date of accession for reasons not attributable to the authorities of Bulgaria or Romania, the Commission may accept, in duly justified cases, eligibility for pre-accession assistance of contracts signed between the date of accession and the date of the Commission decision , and the continuation of pre-accession assistance for a limited period, subject to ex-ante controls by the Commission of competition and award process.

2. The financial authorizations granted before accession under the pre-accession financial instruments referred to in paragraph 1 as well as those granted under the transition facility referred to in article 31 after accession, including the conclusion and registration of individual legal commitments and payments resulting from granted after accession shall continue to be governed by the rules and regulations of the pre-accession financing instruments and be charged to the corresponding budget chapters until closure of the programmes and projects concerned. Nevertheless, the processing of public procurement procedures initiated after accession will take place in accordance with the relevant provisions of the Union.

3. The last programming exercise of pre-accession assistance referred to in paragraph 1 shall take place in the last year before accession. The operations to be carried out within the framework of these programmes must be awarded within two years. Are not granted 1 OJ L 161 of 26.6.1999, p. 68. 2 Council Regulation (EC, Euratom) No 1605/2002 number of the Council of 25 June 2002 (OJ L 248 of 16.9.2002, p. 1). extensions of the period of award. Exceptionally and in duly justified cases, limited extensions may be granted for the performance of contracts.

Nevertheless, in the first two years after accession pre-accession funds may be authorized to cover administrative expenses as defined in paragraph 4. For audit and evaluation costs, pre-accession funds may be allowed up to five years after accession.

4. In order to ensure the necessary phasing out of the pre-accession financial instruments referred to in paragraph 1 and of the ISPA programme 1, the Commission may take appropriate measures to ensure that the statutory personnel necessary in Bulgaria and Romania to be kept for a maximum period of nineteen months after accession. During this period, officials, temporary agents and contractual agents placed in Bulgaria and Romania before accession and who are required to remain in service in those States after the date of accession, shall, as an exception, from the same financial and material conditions applied by the Commission before accession in accordance with the staff regulations of officials of the European communities and the conditions of employment of other servants of those Communities , laid down in Regulation (EEC, Euratom, ECSC) No 259/68 2. The administrative expenditure, including salaries of other staff necessary shall be covered by the heading "phasing out of pre-accession assistance for new Member States" or by equivalent entries in the policy area of the general budget of the European Union for enlargement.

Article 28 1. The measures which, at the date of accession have been the subject of Commission decisions on assistance under Regulation (EC) No 1267/1999, which creates 1 1 Regulation (EC) No 1267/1999 of 21 June 1999 establishing an instrument for structural policies for pre-accession (OJ L 161 of 26.6.1999, p. 73). Regulation as last amended by Regulation (EC) no 769/2004 (OJ L 123 of 27.4.2004, p. 1).
2 OJ L 56, 4.3.1968 p. 1 of. Regulation as last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124 of 27.4.2004, p. 1). instrument for structural policies for pre-accession, and whose implementation has not been completed by that date, they shall be considered approved by the Commission in accordance with Regulation (EC) No 1164/94 of 16 May 1994 establishing the Cohesion Fund 1. The money that still have to be authorized for the purposes of the implementation of these measures will be under the regulation on the Cohesion Fund in force at the date of accession and charged to the chapter corresponding to this regulation in the general budget of the European Union. Except as otherwise provided in paragraphs 2 to 5, shall apply to those measures the provisions governing the implementation of measures adopted under this regulation.

2. Any procurement procedure relating to the measures referred to in paragraph 1 which at the date of accession, has already been subject to publication of a call for proposals in the official journal of the European Union will be run according to the rules set out in this announcement. However, will not apply the provisions of article 165 of the financial regulation applicable to the general budget of the European communities. Any procurement procedure relating to the measures referred to in paragraph 1 which has not yet been published an invitation to tender in the official journal of the European Union must respect the provisions of the Constitution and other acts adopted for your running and the Union's policies, including those concerning environmental protection, transport, trans-European networks , competition and the award of public contracts.

3. Payments made by the Commission under a measure referred to in paragraph 1 shall be allocated to the oldest open budget, first and foremost in accordance with Regulation (EC) No 1267/1999, and then pursuant to the Regulation relating to the cohesion fund then in force.

4. the rules for the eligibility of expenditure pursuant to Regulation (EC) No 1267/1999 shall continue to apply the measures referred to in paragraph 1, except in duly justified cases to be decided by the Commission at the request of the Member State concerned.
1 OJ L 130 of 25.5.1994, p. 1. Regulation as last amended by the 2003 Act of accession (OJ L 236 of 23.9.2003, p. 33). 5. In exceptional and duly justified cases, the Commission may decide to authorise specific exemptions from the rules applicable pursuant to the regulation on the Cohesion Fund in force at the date of accession in respect of the measures referred to in paragraph 1.

Article 29 where the period of multiannual commitments under the SAPARD programme 1

for the afforestation of agricultural land, support for the establishment of producer groups or agri-environmental schemes exceed the allowable end date for payments under SAPARD, the outstanding commitments will be covered by the rural development programme for 2007-2013. If, in this context, specific transitional measures are required, these shall be adopted in accordance with paragraph 2 of article 50 of Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds 2.

Article 30 1. The Bulgaria, after having closed definitely, for subsequent decommissioning, the unit 1 and unit 2 of the Kozloduy Nuclear power plant before 2003 in accordance with the commitments undertaken by you, undertakes to close the Unit 3 and unit 4 of this in 2006, as well as to carry out the subsequent decommissioning of these units.

2. During the period from 2007 to 2009, the Community shall grant financial assistance to Bulgaria to support its efforts to decommission and to address the consequences of the closure and of the decommissioning of Units 1 to 4 of the Kozloduy Nuclear power plant.
1 Regulation (EC) No 1268/1999 of 21 June 1999 on community support for pre-accession measures for agriculture and rural development in the applicant countries of Central and Eastern Europe during the pre-accession period (OJ L 161 of 26.6.1999, p. 87). Regulation as last amended by Regulation (EC) no 2008/2004 (OJ L 349 of 25.11.2004, p. 12).
2 OJ L 161 of 26.6.1999, p. 1. Regulation as last amended by the 2003 Act of accession (OJ L 236 of 23.9.2003, p. 33). The assistance will cover, inter alia: measures to support the decommissioning of Units 1 to 4 of the Kozloduy Nuclear power plant; environmental adaptation measures, in accordance with the acquis; modernisation measures in the sectors of production, transport and distribution of conventional energy in Bulgaria; measures to improve energy efficiency, increase the use of renewable energy sources and improve the security of energy supply.

For the period of 2007 to 2009, the assistance shall amount to EUR 210 million (2004 prices) in commitment appropriations, to be distributed by equal annual instalments of EUR 70 million (2004 prices).

The assistance, or portions thereof, may be made available as a Community contribution to the Fund of international support to the decommissioning of Kozloduy, managed by the European Bank for reconstruction and development.

3. The Commission may adopt rules for the implementation of the assistance referred to in paragraph 2. The rules shall be adopted in accordance with Council decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission 1. To this end, the Commission shall be assisted by a Committee. Articles 4 and 7 of decision 1999/468/EC. The period laid down in paragraph 3 of article 4 of decision 1999/468/EC shall be set at six weeks. The Committee shall adopt your rules of procedure.

Article 31 1. In the first year after accession, the Union shall provide temporary financial assistance, hereinafter referred to as the "transition facility", to Bulgaria and Romania for the development and the strengthening of administrative and judicial capacity of your implementation and enforcement of EU law, as well as to promote the exchange of best practice among peers. This assistance shall fund institution-building projects and a limited number of small investments subsidiaries.
1 OJ L 184 of 17.7.1999, p. 23 (Corrigendum: OJ L 269 of 19.10.1999, p. 45). 2. This assistance should respond to the need to continue to strengthen the institutional capacity in certain areas through action which cannot be financed by the structural funds or the rural development funds.

3. the twinning projects between public administrations for the purpose of institutional development, will continue to apply the procedure for call for proposals through the network of contact points in the Member States, as laid down in the framework agreements with Member States for the purpose of pre-accession assistance.

The amount of commitment appropriations for the transition facility, at 2004 prices, for Bulgaria and Romania, shall be EUR 82 million in the first year after accession to national and horizontal priorities. The appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

4. the granting of assistance under the transition facility shall be established and implemented in accordance with Regulation (EEC) No 3906/89 on economic aid in favour of certain countries of Central and Eastern Europe.

Article 32 1. Is created a mechanism of financial flows and Schengen, on a temporary basis, in order 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, with a view to the application of the Schengen acquis and external border control, and to further enhance financial flows in national budgets.

2. For the period 2007-2009, will be available the following amounts (2004 prices) to Bulgaria and Romania in the form of lump sum payments under the temporary mechanism of financial flows and Schengen: (EUR milhões, 2004 prices) 2007 2008 2009 121.8 59.1 58.6 Bulgaria Romania 3 297.2 131.8 130.8. At least 50% of each country allocation under the temporary mechanism of financial flows and Schengen will be used to help Bulgaria and Romania to fulfill your obligation to finance actions at the new external borders of the Union, with a view to the application of the Schengen acquis and external border control.

4. Must be paid to Bulgaria and Romania one twelfth of each annual amount on the first working day of each month of the year. The lump sums paid shall be used within three years from the first payment. No later than six months after the end of that period of three years, Bulgaria and Romania shall submit a comprehensive report on the final execution given to lump sums paid under the Schengen part of the temporary mechanism of financial flows and Schengen, accompanied by a statement justifying the expenditure. Any funds not used or used in an unsupported way justified will be recovered by the Commission.


5. The Commission may adopt any technical provisions necessary for the operation of the temporary mechanism of financial flows and Schengen.

Article 33 1. Without prejudice to its future political decisions, the total amount of commitment appropriations for structural actions to be made available for Bulgaria and Romania over the three-year period 2007-2009 will be as follows: (EUR milhões, 2004 prices) 2007 2008 2009 Bulgaria Romania 1 399 1 972 2 603 2 539 759 1 002. During the three-year period 2007-2009, the scope and nature of the interventions within these fixed allocations will be determined on the basis of the provisions then applicable to structural actions expenditure.

Article 34 1. In addition to the regulations concerning rural development in force on the date of accession, the provisions in sections I to III of annex VIII shall apply to Bulgaria and Romania during the period from 2007 to 2009 and the specific financial provisions laid down in section IV of annex VIII shall apply to Bulgaria and Romania throughout the programming period 2007 to 2013.

2. Without prejudice to its future political decisions, commitment appropriations from the EAGGF-guarantee section-for rural development of Bulgaria and Romania for the period 2007-2009 amount to EUR 3 041 milhões (2004 prices).

3. Detailed rules necessary for the implementation of the provisions of annex VIII shall be adopted in accordance with paragraph 2 of article 50 of Regulation (EC) No 1260/1999.

4. The Council, acting on a proposal from the Commission and after consulting the European Parliament, shall, where necessary, to adapt the provisions of annex VIII in order to ensure coherence with the regulations concerning rural development.

Article 35 the amounts referred to in articles 30, 31, 32, 33 and 34 shall be adjusted annually by the Commission, in line with movements in prices as part of the annual technical adjustments to the financial perspective.

TITLE IV OTHER PROVISIONS article 36 1. If, by the end of a period of three years after accession, difficulties arise serious and likely to persist in a sector of economic activity or to determine a serious deterioration in the economic situation of a given region, Bulgaria or Romania may request to be allowed to take protective measures to rebalance the situation and adjust the sector concerned to the economy of the internal market.

In the same circumstances, any present Member State may request that he be allowed to take protective measures with regard to Bulgaria, Romania, or both those States.

2. at the request of the Member State concerned, the Commission shall, by emergency procedure, European regulations or European decisions establishing the safeguard measures as it considers necessary, specifying the conditions and rules of your 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 of receipt of the application, accompanied by the criteria. The measures decided are immediately applicable, must meet the interests of all parties concerned and shall not entail frontier controls.

3. The measures authorised under paragraph 2 may behave derogations from rules laid down by the Constitution, in particular from this Protocol, to the extent and for the time limits strictly necessary to attain the objectives set out in paragraph 1. Priority should be given to measures which involve the least amount of disturbance in the functioning of the internal market.

Article 37 if Bulgaria or Romania has not complied with the commitments made in the context of the accession negotiations, including those undertaken in any of the sectoral policies which concern economic activities with cross-border implications, thus giving rise to a serious disturbance or a risk of serious disruption of the functioning of the internal market, the Commission may, upon a reasoned request of a Member State or on its own initiative , adopt European regulations or European decisions establishing appropriate measures, for a maximum period of three years from the date of accession.

The measures must be proportionate, giving priority to those which cause less disruption in the functioning of the internal market and, where appropriate, the application of the sectoral safeguard mechanisms. These safeguard measures shall not be invoked as a means of arbitrary discrimination or disguised restriction on trade between Member States. The safeguard clause may be invoked even before accession on the basis of the conclusions of the follow-up and the measures enter into force on the first day of accession unless they establish a later date. The measures cannot be maintained for a period greater than the strictly necessary and must be raised anyway when has been fulfilled the undertaking concerned, which may however be applied beyond the period specified in the first paragraph as long as relevant commitments are not met. In response to progress made by the new Member State concerned in fulfilling its commitments, the Commission may adapt the measures as appropriate. The Commission shall inform the Council in good time before revoking the European regulations and European decisions establishing the safeguard measures, with due regard to any observations of the Council in this respect.

Article 38 in Bulgaria or Romania are true, or there is an imminent risk to establish serious shortcomings in the transposition, State of implementation or the implementation of framework decisions or any other commitments, instruments of cooperation and decisions relating to mutual recognition in the field of criminal law adopted under Title VI of the Treaty on European Union and of the directives and regulations relating to mutual recognition in civil matters under Title IV of the Treaty establishing the European Community, as well as of the European laws and framework laws adopted under sections 3 and 4 of chapter IV of title III of part III of the Constitution, the Commission may, upon a reasoned request of a Member State or on your own initiative, and after consulting the Member States, adopt European regulations or European decisions establishing appropriate measures and specify the conditions and procedures for the implementation of these measures , for a maximum period of three years from the date of accession.


These measures may take the form of temporary suspension of the application of the relevant provisions and decisions in the relations between Bulgaria or Romania and any other Member States, without prejudice to the continuation of close judicial cooperation. The safeguard clause may be invoked even before accession on the basis of the conclusions of the follow-up and the measures enter into force on the first day of accession unless they establish a later date. The measures cannot be maintained for a period greater than the strictly necessary and must be raised anyway when the gaps have been filled, which may however be applied beyond the period specified in the first paragraph as long as those gaps remain. In response to progress made by the new Member State concerned in rectifying the identified shortcomings, the Commission may adapt the measures as appropriate after consulting the Member States. The Commission shall inform the Council in good time before revoking the European regulations and European decisions establishing the safeguard measures, with due regard to any observations of the Council in this respect.

Article 39 1. If, on the basis of ongoing monitoring by the Commission of the commitments made by Bulgaria and Romania in the context of the accession negotiations, and in particular in the monitoring reports of the Commission, be apparent that the State of preparations for adoption and implementation of the acquis in Bulgaria or Romania implies a serious risk of any of these States do not be manifestly unprepared to meet the requirements necessary to become a member of the European Union by the date of membership – 1 January 2007 – in several important areas, the Council may, acting unanimously on a recommendation from the Commission, decide that the date of accession of that country to be postponed by one year, to 1 January 2008.

2. Notwithstanding paragraph 1, the Council may, acting by a qualified majority on a recommendation from the Commission, to take the decision referred to in paragraph 1 with respect to Romania if serious shortcomings have been observed in the fulfilment on the part of this country, of one or more of the commitments and requirements listed in annex IX, part I.

3. by way of derogation from paragraph 1 and without prejudice to article 37, the Council may, acting by a qualified majority on a recommendation from the Commission and after starting in the fall of 2005, a detailed assessment of the progress made by Romania in the field of competition policy, take the decision referred to in paragraph 1 with respect to Romania if serious shortcomings have been observed in the fulfilment for part of this country, the obligations undertaken under the Europe Agreement 1 or of one or more of the commitments and requirements listed in annex IX, part II.

4. In the event of a decision under paragraphs 1, 2 or 3, the Council, acting by a qualified majority, shall decide immediately of adaptations of this Protocol, as well as its annexes and appendices, it becomes essential to enter due to the decision of postponement.

Article 40 in order not to disturb the proper functioning of the internal market, the application of the internal rules of the Bulgaria and Romania during the transitional periods referred to in annexes VI and VII may not lead to border controls between Member States.
1 Europe 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 of 31.12.1994, p. 2). Article 41 If transitional measures are necessary to facilitate the transition from the existing regime in Bulgaria and Romania to the regime resulting from the application of the common agricultural policy under the conditions laid down in this Protocol, such measures shall be adopted by the Commission in accordance with paragraph 2 of article 25 of Regulation (EC) No 1784/2003 of 29 September 2003 the common organisation of the market in cereals 1 or, where appropriate, the corresponding articles of the other regulations on the common organisation of markets in the agricultural sector, or of the European laws that replace, or in accordance with the procedure determined by law. The transitional measures referred to in this article may be taken during a period of three years from the date of accession, and your application limited to that period. This period may be extended by a European law of the Council. This shall act unanimously after consulting the European Parliament.

Transitional measures concerning the application of the legal instruments relating to the common agricultural policy not specified in this Protocol, made necessary as a result of accession, must be established prior to the date of accession by European regulations or European decisions adopted by the Council, on a proposal from the Commission, or, if they affect instruments initially adopted by the Commission, for European regulations or European decisions adopted by the Commission in accordance with the procedure required for the adoption of the instruments in question.

Article 42 If transitional measures are necessary to facilitate the transition from the existing regime in Bulgaria and Romania to the regime resulting from the application of EU legislation in the veterinary field, plant health and food safety, these measures shall be adopted by the Commission according to the procedure determined by law. These measures are taken during a period of three years from the date of accession, and your application limited to that period.
1 OJ L 270 of 21.10.2003, p. 78. PART FIVE provisions relating to the APPLICATION OF THIS PROTOCOL title I ESTABLISHMENT of the institutions and bodies article 43 the European Parliament should introduce in your Regiment the necessary adaptations by reason of accession.

Article 44 the Council must introduce into your rules of procedure the necessary adaptations by reason of accession.

Article 45 Should be appointed as a member of the Commission one national of each of the new Member States from the date of accession. The new members of the Commission are appointed by the Council, by common accord with the President of the Commission, after consulting the European Parliament and in accordance with the criteria set out in paragraph 4 of article I-26 of the Constitution.

The term of Office of those members ceases at the same time that the members in Office at the date of accession.

Article 46 1. Should be named two new judges to the Court of Justice and two new judges to the Court.


2. The term of Office of one of the judges of the Court of Justice appointed in accordance with paragraph 1 shall expire on 6 October 2009. This Court shall be chosen by lot. The mandate of the other judge shall expire on 6 October 2012.

The mandate of one of the judges of the General Court appointed in accordance with paragraph 1 shall expire on 31 August 2007. This Court shall be chosen by lot. The mandate of the other judge shall expire on 31 August 2010.

3. The Court shall enter in your rules of procedure the necessary adaptations by reason of accession. The General Court, in agreement with the Court of Justice, must introduce into your rules of procedure the necessary adaptations by reason of accession. The regulations of procedure thus adapted are submitted to the Council for approval.

4. for the trial of cases pending in the courts on the date of accession, whose oral procedure has been initiated before that date, the full Courts or the Chambers shall meet with the composition which had before accession and apply the rules of procedure in force the day before the date of accession.

Article 47 Should be appointed to the Court of Auditors one national of each of the new Member States from the date of accession, with a mandate of six years.

Article 48 the Committee of the regions shall be enlarged by the appointment of 27 members representing the regional and local regional authorities of Bulgaria and Romania, being either hold a regional or local authority electoral mandate or are politically accountable to an elected Assembly. The term of Office of those members ceases at the same time that the members in Office at the date of accession.



Article 49 the economic and Social Committee shall be enlarged by the appointment of 27 members representing the various sectors of economic and social life of organised civil society from Bulgaria and Romania. The term of Office of those members ceases at the same time that the members in Office at the date of accession.

Article 50 the adaptations of the statutes and rules of procedure of the committees established by the Constitution, required as a result of accession, shall be made as soon as possible after accession.

Article 51 1. The new members of the committees, groups and other bodies created by the Constitution or an act of the institutions shall be appointed under the conditions and pursuant to the appointment of the members of these committees, groups and other bodies. The mandate of the newly appointed members shall expire at the same time that the members in Office at the date of accession.

2. The composition of the committees and groups created by the Constitution or an act of the institutions with a number of members fixed irrespective of the number of Member States will be renewed in full at the date of accession, unless the term of Office of the current members cease within one year from the date of accession.

TITLE II APPLICABILITY of the ACTS of the INSTITUTIONS article 52 upon accession, Bulgaria and Romania are considered recipients of European framework laws, European regulations and European decisions, within the meaning of article I-33 of the Constitution, and directives and decisions within the meaning of article 249 of the Treaty establishing the European Community and of article 161 of the EAEC Treaty, provided that all the present Member States have been recipients of these European framework laws , European regulations and European decisions and of those directives and decisions. With the exception of European decisions which enter into force pursuant to paragraph 2 of article I-39 of the Constitution, and directives and decisions which have entered into force in accordance with paragraphs 1 and 2 of article 254 of the Treaty establishing the European Community, it is considered that Bulgaria and Romania were notified of these European decisions, directives and decisions at the date of accession.

Article 53 1. The Bulgaria and Romania shall bring into force, as from the date of accession, the measures necessary to comply with the provisions of the European framework laws and European regulations that are binding as to the result to be achieved, however, national authorities the choice of form and means choice, within the meaning of article I-33 of the Constitution , and the provisions of directives and decisions within the meaning of article 249 of the Treaty establishing the European Community and of article 161 of the EAEC Treaty, unless another time limit is fixed in this Protocol. Shall notify those measures to the Commission not later than the date of accession or, where appropriate, by the deadline laid down in this Protocol.

2. to the extent that the amendments introduced by this Protocol directives within the meaning of article 249 of the Treaty establishing the European Community and of article 161 of the EAEC Treaty, require the modification of the laws, regulations and administrative provisions of the present Member States, they shall bring into force the measures necessary to comply with the directives changed from the date of accession unless another time limit is fixed in this Protocol. Shall notify those measures to the Commission not later than the date of accession or until the deadline laid down in this Protocol, whichever is later.



Article 54 the laws, regulations and administrative provisions aimed at ensuring the protection of the health of workers and the general public against the dangers arising from ionizing radiations on the territory of Bulgaria and of Romania shall, pursuant to article 33 of the Euratom Treaty, be communicated by those States to the Commission within three months of accession.

Article 55 Upon duly motivated request by Bulgaria or Romania submitted to the Commission not later than the date of accession, the Council, acting on a proposal from the Commission, or the Commission, if the original Act was adopted by the Commission, may adopt European regulations or European decisions establishing temporary derogations from acts of the institutions adopted between 1 October 2004 and the date of accession. The measures shall be adopted according to the voting rules governing the adoption of the Act in respect of which a temporary derogation is requested. Where these derogations are adopted after accession can be applied from the date of accession.

Article 56


Where acts of the institutions adopted prior to accession should be adapted by reason of accession, and the necessary adaptations have not been provided for in this Protocol or its annexes, the Council, acting on a proposal from the Commission, or the Commission, if the original Act was adopted by the Commission, shall adopt the necessary acts for that purpose. Where these adaptations are adopted after accession can be applied from the date of accession.

Article 57 unless otherwise stipulated, the Council, on a proposal from the Commission, shall adopt European regulations or European decisions laying down the measures necessary for implementing the provisions of this Protocol. Article 58 the texts of the acts of the institutions adopted before accession and drawn up by the Council, by the Commission or by the European Central Bank in the Bulgarian and Romanian languages shall be authentic from the date of accession, under the same conditions as the texts drawn up in the present official languages. These texts shall be published in the official journal of the European Union, where the current texts also have been.

TITLE III FINAL PROVISIONS article 59 annexes I and IX and the appendices thereto shall form an integral part of this Protocol.

Article 60 the Government of the Italian Republic shall transmit to the Governments of the Republic of Bulgaria and Romania a certified copy of the Treaty establishing the European Atomic Energy Community, and the treaties that modifying or supplementing them in the Czech, Danish, Dutch, English, Slovakian, Slovenian, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Spanish and Swedish.

The text of this Treaty, drawn up in the Bulgarian and Romanian languages, is annexed to this Protocol. These texts shall be authentic under the same conditions as the texts of the Treaty referred to in the first paragraph, drawn up in the present languages.

Article 61 the Secretary-General of the Council shall send to the Governments of the Republic of Bulgaria and Romania a certified copy of the international agreements deposited in the archives of the General Secretariat of the Council of the European Union. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Annex I list of conventions and protocols to which Bulgaria and Romania accede upon accession (referred to in paragraph 3 of article 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 of 9.10.1980, p. 1)-Convention of 10 April 1984 on 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 of 31.5.1984 , p. 1)-first Protocol of 19 December 1988 on 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 L 48 of 20.2.1989, p. 1)-second Protocol of 19 December 1988 conferring on the Court of Justice of the European communities certain powers to interpret the Convention on the law applicable to contractual obligations , opened for signature in Rome on 19 June 1980 (OJ L 48 of 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 of 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, and to the first and second protocols regarding your interpretation by the Court of Justice (OJ C 15 to 15.1.1997 , p. 10) 2. Convention of 23 July 1990 on the Elimination of double taxation in the case of correction of profits of associated enterprises (OJ L 225 of 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 case of correction of profits of associated enterprises (OJ C 26 of 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 case of correction of profits of associated enterprises (OJ C 202 of 16.7.1999, p. 1) 3. Convention of 26 July 1995, drawn up on the basis of article k. 3 of the Treaty on European Union, on the protection of the communities ' financial interests (OJ C 316 of 27.11.1995, p. 49)-Protocol of 27 September 1996, drawn up on the basis of article k. 3 of the Treaty on European Union, the Convention on the protection of the European Communities ' financial interests (OJ C 313 of 23.10.1996 , p. 2)-Protocol of 29 November 1996, drawn up on the basis of article k. 3 of the Treaty on European Union, on the interpretation by way of preliminary ruling by the Court of Justice of the European communities of the Convention on the protection of the European Communities ' financial interests (OJ C 151 of 20.5.1997, p. 2)-second Protocol of 19 June 1997, drawn up on the basis of article k. 3 of the Treaty on European Union of the Convention on the protection of the European Communities ' financial interests (OJ C 221 of 19.7.1997, p. 12) 4. Convention of 26 July 1995, drawn up on the basis of article k. 3 of the Treaty on European Union on the establishment of a European Police Office (Europol Convention) (OJ C 316 of 27.11.1995, p. 2)-Protocol of 24 July 1996, drawn up on the basis of article k. 3 of the Treaty on European Union, on the interpretation by way of preliminary ruling by the Court of Justice of the European communities of the Convention on the establishment of a European Police Office (OJ C 299 of 9.10.1996 , p. 2)-Protocol of 19 June 1997, drawn up on the basis of article k. 3 of the Treaty on European Union and paragraph 3 of article 41 of the Europol Convention, on the privileges and immunities of Europol, the members of its organs, the Deputy Directors and employees of Europol (OJ C 221 of 19.7.1997, p. 2)-Protocol of 30 November 2000 based on paragraph 1 of article 43 of the Convention on the establishment of a European Police Office (Europol Convention) and amending article 2 and the annex to that Convention (OJ C 358 of 13.12.2000, p. 2)


-Protocol of 28 November 2002 amending the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on the privileges and immunities of Europol, the members of its organs, the Deputy Directors and employees of Europol (OJ C 312 of 16.12.2002, p. 2)-Protocol of 27 November 2003, drawn up on the basis of paragraph 1 of article 43 of the Convention on the establishment of a European Police Office (Europol Convention) amending that Convention (OJ C 2 of 6.1.2004, p. 3) 5. Convention of 26 July 1995, drawn up on the basis of article k. 3 of the Treaty on European Union, on the use of information technology for customs purposes (OJ C 316 of 27.11.1995, p. 34)-Protocol of 29 November 1996, drawn up on the basis of article k. 3 of the Treaty on European Union, on the interpretation by way of preliminary ruling by the Court of Justice of the European communities of the Convention on the use of information technology for customs purposes (OJ C 151 of 20.5.1997 , p. 16)-Protocol of 12 March 1999, drawn up on the basis of article k. 3 of the Treaty on European Union, concerning the scope of the concept of money laundering in the Convention on the use of information technology for customs purposes and the inclusion of the registration number of the means of transport in the Convention (OJ C 91 of 31.3.1999 , p. 2)-Protocol of 8 May 2003, established in accordance with article 34 of the Treaty on European Union, amending, as regards the creation of a file of customs identification, the Convention on the use of information technology for customs purposes (OJ C 139 of 13.6.2003, p. 2) 6. Convention of 26 May 1997, drawn up on the basis of paragraph 2, point (c)), article k. 3 of the Treaty on European Union, on the fight against corruption involving officials of the European communities or officials of Member States of the European Union (OJ C 195 of 25.6.1997, p. 2) 7. Convention of 18 December 1997, drawn up on the basis of article k. 3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations (OJ C 24 of 23.1.1998, p. 2) 8. Convention of 17 June 1998, drawn up on the basis of article k. 3 of the Treaty on European Union, on driving disqualifications (OJ C 216 of 10.7.1998, p. 2) 9. Convention of 29 May 2000, drawn up by the Council in accordance with article 34 of the Treaty on European Union, on mutual assistance in criminal matters between the Member States of the European Union (OJ C 197 of 12.7.2000, p. 3)-Protocol of 16 October 2001 to the Convention on mutual legal assistance in criminal matters between the Member States of the European Union drawn up by the Council in accordance with article 34 of the Treaty on European Union (OJ C 326 of 21.11.2001, p. 2) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ANNEX II list of provisions of the Schengen acquis integrated into the framework of the European Union and the acts building upon it or otherwise related to it that link the new Member States and shall apply in those States from the date of accession (referred to in paragraph 1 of article 4 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 their common borders, of 14 June 1985 1.

2. The following provisions of the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders, signed in Schengen on 19 June 1990 2, its related Final Act and joint declarations, changed by some of the acts listed in paragraph 8 below: article 1 in so far as it relates to the provisions of this paragraph; articles 3 to 7, with the exception of subparagraph (d)) of paragraph 1 of article 5; Article 13; articles 26 and 27; Article 39; articles 44 to 59; articles 61 to 63; articles 65 to 69; articles 71 to 73; articles 75 and 76; Article 82; Article 91; articles 126 to 130 to the extent that relate to the provisions of this paragraph; and article 136; Joint declarations 1 and 3 of the Final Act.

3. The following provisions of the agreements of accession to the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders, signed in Schengen on 19 June 1990, their final acts and declarations that accompany them, changed by some of the acts listed in paragraph 8 below: 1 OJ L 239 of 22.9.2000 , p. 13. 2 OJ L 239 of 22.9.2000, p. 19. Convention as last amended by Regulation (EC) no 871/2004 (OJ L 162 of 30.4.2004, p. 29). the) agreement signed on 27 November 1990 on accession of the Italian Republic: – – article 4, Joint Declaration 1 in part II of the Final Act;

b) agreement signed on 25 June 1991 on accession of the Kingdom of Spain: – article 4, Joint Declaration 1 in part-II of the Final Act, Declaration 2 in part III – the Final Act;

c) agreement signed on 25 June 1991 on accession of the Portuguese Republic: articles 4, 5 and 6,-Joint Declaration 1 in part II of the Final Act;

d) agreement signed on 6 November 1992 on accession of the Hellenic Republic: articles 3, 4 and 5, — Joint Declaration 1 in part II of the Final Act, Declaration 2 in part III – the Final Act;

and) agreement signed on 28 April 1995 on accession of the Republic of Austria: article 4, Joint Declaration 1 in part II of the Final Act;

f) agreement signed on 19 December 1996 on accession of the Kingdom of Denmark: – article 4, paragraph 2 of article 5 and article 6-joint declarations 1 and 3 in part II of the Final Act;

g) agreement signed on 19 December 1996 on accession of the Republic of Finland: articles 4 and 5, joint declarations 1 and 3 in part II of the Final Act,-Declaration of the Government of the Republic of Finland on the Åland Islands in part III of the Final Act;

h) agreement signed on 19 December 1996 on accession of the Kingdom of Sweden: articles 4 and 5, joint declarations 1 and 3 in part II of the Final Act.

4. The following agreements concluded by the Council pursuant to article 6 of the Schengen Protocol: – agreement of 18 May 1999 concluded by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway concerning the Association of the two States with the implementation, application and development of the Schengen acquis, including the annexes, the Final Act the declarations and exchanges of letters annexed thereto 1, approved by Council decision 1999/437/EC 2,


-Agreement of 30 June 1999 concluded by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway which defines the rights and obligations between, on the one hand, Ireland and the United Kingdom of Great Britain and Northern Ireland and the Republic of Iceland and the Kingdom of Norway, in areas of the Schengen acquis applicable to those 3 States
approved by decision 2000/2900/EC 4,-agreement signed on 25 October 2004 by the Council of the European Union and the Swiss Confederation concerning the Association of Switzerland Switzerland, Confederation with the implementation, application and development of the Schengen acquis 5.
1 OJ L 176 of 10.7.1999, p. 36. 2 OJ L 176 of 10.7.1999, p. 35. 3 OJ L 15 of 20.1.2000, p. 2. 4 OJ L 15 of 20.1.2000, p. 1. 5 1 time still pending conclusion of this agreement in so far as it applies provisionally. 5. the provisions of the following decisions of the Executive Committee established by the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders, signed in Schengen on 19 June 1990, changed 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 the declarations by the Ministers and State Secretaries SCH/Com-ex (93) 14 Decision of the Executive Committee of 14 December 1993 on improving practical judicial cooperation for combating the illicit traffic in narcotic drugs SCH/Com-ex (94) 16 rev decision of the Executive Committee of 21 November 1994 on the acquisition of common entry and exit stamps SCH/Com-ex (94) 28 rev decision of the Executive Committee of 22 December 1994 on the medical certificate required to carry narcotic drugs and/or substances Psychotropic SCH/Com-ex (94) 29, 2nd rev decision of the Executive Committee of 22 December 1994 concerning the entry into application of the Schengen implementing Convention of 19 June 1990 SCH/Com-ex (95) 21 decision of the Executive Committee of 20 December 1995 concerning the exchange of statistics and hard data that may reveal malfunctions at the external borders SCH/Com-ex (98) 1 , 2nd rev decision of the Executive Committee of 21 April 1998 on the report on the activities of the Task Force, in so far as it relates to the provisions of point 2 above SCH/Com-ex (98) 26 def decision of the Executive Committee of 16 September 1998 setting up a Standing Committee for evaluation and implementation of Schengen SCH/Com-ex (98) 35 , 2nd rev decision of the Executive Committee of 16 September 1998 on forwarding the common Manual to States with which specific negotiations are under way for accession to the European Union SCH/Com-ex (98) 37 def 2 decision of the Executive Committee of 27 October 1998 on the adoption of measures to fight illegal immigration, insofar as it relates to the provisions of point 2 above SCH/Com-ex (98) 51 , 3rd rev decision of the Executive Committee of 16 December 1998 concerning police cooperation in preventing and investigating criminal offences SCH/Com-ex (98) 52 decision of the Executive Committee of 16 December 1998 on the Handbook on cross-border police cooperation, insofar as it relates to the provisions of point 2 above SCH/Com-ex (98) 57 decision of the Executive Committee of 16 December 1998 on the introduction of a standard document proof of invitation, the invitation or certificate of commitment to accommodation SCH/Com-ex (98) 59 rev decision of the Executive Committee of 16 December 1998 on the coordinated intervention documentation consultants SCH/Com-ex (99) 1, rev 2 decision of the Executive Committee of 28 April 1999 concerning the situation on drugs SCH/Com-ex (99) 6 decision of the Executive Committee of 28 April 1999 on the Telecom SCH/Com-ex ( 99) 7, 2nd rev decision of the Executive Committee of 28 April 1999 on liaison officers SCH/Com-ex (99) 8, 2nd rev decision of the Executive Committee of 28 April 1999 on general principles governing the payment of informers SCH/Com-ex (99) 10 decision of the Executive Committee of 28 April 1999 on the illegal trafficking of arms SCH/Com-ex (99) 13 decision of the Executive Committee of 28 April 1999 on the versions final of the Common Consular Instructions and the common Manual:-Annexes 1-3, 7, 8:15 of the Common Consular instructions-the common Manual, insofar as 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 on the police cooperation in preventing and investigating criminal offences 6. The following declarations of the Executive Committee established by the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders, signed in Schengen on 19 June 1990, as referring to the provisions of paragraph 2 above: SCH/Com-x (96) 6, 2nd rev. Declaration of the Executive Committee of 26 June 1996 on extradition SCH/Com-ex (97) 13 , 2nd rev. Declaration of the Executive Committee of 9 February 1998 on the abduction of minors 7. The following decisions of the Central Group established by the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders, signed in Schengen on 19 June 1990, as referring to the provisions of paragraph 2 above: SCH/C (98) 117 decision of the Central Group of 27 October 1998 on the adoption of measures to fight illegal immigration SCH/C (99) 25 Decision of the Central Group of 22 March 1999 on general principles governing the payment of informers. 8. The following acts are based on the Schengen acquis or otherwise related to it: Commission Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164 of 14.7.1995, p. 1) Council decision 1999/307/EC of 1 May 1999 laying down the procedures for the integration of the Schengen Secretariat into the General Secretariat of the Council (OJ L 119 of 7.5.1999 , p. 49) Decision 1999/435/EC of 20 May 1999 concerning the definition of the Schengen acquis in order to determine, in accordance with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute (OJ L 176 of 10.7.1999 , p. 1)


Decision 1999/436/EC of 20 May 1999 determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the Schengen acquis (OJ L 176 of 10.7.1999, p. 17) Council decision 1999/437/EC of 17 May 1999 on certain rules of application of the agreement concluded by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway concerning the Association of the two States with the implementation, application and development of the Schengen acquis (OJ L 176 of 10.7.1999, p. 31) Decision 1999/848/EC of 13 December 1999 on the full entry into force of the Schengen acquis in Greece (OJ L 327 of 21.12.1999, p. 58) Decision 2000/365/EC of 29 May 2000, concerning the request of the United Kingdom of Great Britain and Northern Ireland to participate in some of the provisions of the Schengen acquis (OJ L 131 of 1.6.2000, p. 43) Decision 2000/586/JHA , of 28 September 2000 establishing a procedure for the amendment of paragraphs 4 and 5 of article 40, paragraph 7 of article 41 and paragraph 2 of article 65 of the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders (OJ L 248 of 3.10.2000 , p. 1) Council decision 2000/751/EC of 30 November 2000, on declassifying certain parts of the common Manual adopted by the Executive Committee established by the Convention implementing the Schengen agreement of 14 June 1985 (OJ L 303 of 2.12.2000, p. 29) Decision 2000/777/EC of 1 December 2000 on the application of the Schengen acquis in Denmark, Finland and Sweden in, as well as in Iceland and Norway (OJ L 309 of 9.10.2000, p. 24) Council Regulation (EC) No 539/2001 of 15 March 2001, listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81 of 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 procedures for examining visa applications (OJ L 116 of 26.4.2001, p. 2) Regulation (EC) no 790/2001 of 24 April 2001, reserving to the Council implementing powers with regard to certain implementing provisions and practical procedures for the implementation of control and monitoring of borders (OJ L 116 of 26.4.2001, p. 5) Decision 2001/329/EC of 24 April 2001 concerning the updating part VI and annexes 3, 6 and 13 of the Common Consular Instructions and Annex 5a), 6a) and 8 to the common Manual (OJ L 116 of 26.4.2001, p. 32), insofar as it relates to annex 3 to the Common Consular instructions or to Annex 5a) of the common Manual

Directive 2001/51/EC of 28 June 2001 supplementing the provisions of article 26 of the Convention implementing the Schengen agreement of 14 June 1985 (OJ L 187 of 10.7.2001, p. 45) Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen information system (SIS II) (OJ L 328 of 13.12.2001 , p. 1) Council Regulation (EC) no 2414/2001 of 7 December 2001 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 327 of 12.12.2001, p. 1) Council Regulation (EC) no 2424/2001 of the Council of 6 December 2001 on the development of the second generation Schengen information system (SIS II) (OJ L 328 of 13.12.2001, p. 4) Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing visas issued by Member States to persons holding travel documents not recognised by the Member State issuing the form (OJ L 53 of 23.2.2002 , p. 4) Regulation (EC) No 334/2002 of 18 February 2002 amending Regulation (EC) No 1683/95 laying down a uniform format for visas (OJ L 53 of 23.2.2002, p. 7) Council decision 2002/192/EC of 28 February 2002, concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64 of 7.3.2002 , p. 20) Decision 2002/352/EC of 25 April 2002 on the revision of the common Manual (OJ L 123 of 9.5.2002, p. 47) Decision 2002/353/EC of 25 April 2002, on declassifying part II of the common Manual adopted by the Executive Committee established by the Convention implementing the Schengen agreement of 14 June 1985 (OJ L 123 of 9.5.2002 , p. 49) Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157 of 15.6.2002, p. 1) Council decision 2002/587/EC of 12 July 2002 on the revision of the common Manual (OJ L 187 of 16.7.2002, p. 50) Council framework decision 2002/946/JHA , of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation, transit and irregular residence (OJ L 328 of 5.12.2002, p. 1) Council Directive 2002/90/EC of 28 November 2002 on the definition of facilitation, transit and residence (OJ L 328 of irregular 5.12.2002 , p. 17).

Decision 2003/170/JHA of 27 February 2003 concerning the joint use of liaison officers posted abroad by the law enforcement authorities of the Member States (OJ L 67 of 12.3.2003, p. 27) Regulation (EC) no 453/2003 of 6 March 2003 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those third countries whose nationals are exempt from that requirement (OJ L 69 of 13.3.2003, p. 10) Decision 2003/725/JHA of 2 October 2003 amending paragraphs 1 and 7 of article 40 of the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders (OJ L 260 of 11.10.2003 , p. 37) Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ L 321 of 6.12.2003, p. 26)


Regulation (EC) No 377/2004 of 19 February 2004 concerning the establishment of a network of immigration liaison officers (OJ L 64 of 2.3.2004, p. 1) Decision 2004/466/EC of 29 April 2004 amending the common Manual in order to insert provisions on border control to minors accompanied (OJ L 157 of 30.4.2004 , p. 136) Directive 2004/82/EC of 29 April 2004 on the obligation of communication of passenger data by carriers (OJ L 261 of 6.8.2004, p. 24) Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for the removal from the territory of two or more Member States of third-country nationals who are subject of individual removal decisions (OJ L 261 of 6.8.2004 , p. 28) Decision 2004/574/EC of 29 April 2004 amending the common Manual (OJ L 261 of 6.8.2004, p. 36) Decision 2004/512/EC of 8 June 2004 establishing the visa information system (VIS) (OJ L 213 of 15.6.2004, p. 5) Regulation (EC) No 2007/2004 of the Council , 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 of 25.11.2004, p. 1) Council Regulation (EC) no 2133/2004 of 13 December 2004 on the requirement for the competent authorities of the Member States to stamp systematically stamping travel documents of third-country nationals on crossing the external borders of the Member States and amending to that end, the provisions of the Convention implementing the Schengen Agreement and the common Manual (OJ L 369 of 16.12.2004, p. 5) Regulation (EC) No 2252/2004 of 13 December 2004, which establishes standards for security features and biometrics in passports and travel documents issued by Member States (OJ L 385 of 29.12.2004 , p. 1) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ANNEX III list referred to in article 16 of the Protocol: adaptations 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 of 14.1.1994, p. 1), as amended by 31994 R 3288: –: Commission Regulation (EC) no 3288/94 of 22.12.1994 (OJ L 349 of 31.12.1994 , p. 83),-32003 R 0807: Council Regulation (EC) No 807/2003 of 14.4.2003 (OJ L 122 of 16.5.2003, p. 36), – 12003 t: Act concerning the conditions of accession and the adjustments to the treaties-accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta , the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236 of 23.9.2003, p. 33)-32003 R 1653: Commission Regulation (EC) No 1653/2003 of 18.6.2003 (OJ L 245 of 29.9.2003, p. 36),-32003 R 1992: Council Regulation (EC) No 1992/2003 of 27.10.2003 (OJ L 296 of 14.11.2003, p. 1)-32004 R 0422: Commission Regulation (EC) No 422/2004 of the Council , of 19.2.2004 (OJ L 70 of 9.3.2004, p. 1).

Paragraph 1 of article 159 it 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" new Member States "means the registered Community trade marks or required pursuant to this regulation before the respective date of accession shall be extended to the territory of those Member States in order to produce the same effects throughout the community. ".

II. SUPPLEMENTARY PROTECTION CERTIFICATES 1. 31992 R 1768: Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products (OJ L 182 of 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 of 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 Hungary, the Republic of Malta, the Republic of Poland , the Republic of Slovenia and the Slovak Republic (OJ L 236 of 23.9.2003, p. 33).

the) article 19A the following shall be added: "k) may be granted a certificate in Bulgaria for any drug that is protected by a basic patent in force and to which has been obtained a first marketing authorisation as a medicinal product after January 1 2000, provided that the application for a certificate is lodged within six months from the date of accession;

l) may be granted a certificate in Romania for any drug that is protected by a basic patent in force and to which has been obtained a first marketing authorisation as a medicinal product after January 1 2000. In the case of expiry the period referred to in paragraph 1 of article 7, the licence application may be lodged during a period of six months, no later than the date of accession. ".

b) paragraph 2 of article 20 shall be replaced by the following: ' 2. This Regulation shall apply to supplementary protection certificates granted in accordance with national legislation of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Poland, Romania, Slovenia and Slovakia prior to the date of accession. ".

2.31996 R 1610: Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products (OJ L 198 of 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 of 23.9.2003, p. 33).

the) article 19A the following is added:


"k) may be granted a certificate in Bulgaria for any plant protection product protected by a basic patent in force and to which has been obtained a first authorisation to place the product on the market as a plant protection product after January 1 2000, provided that the application for a certificate is lodged within six months from the date of accession;

l) may be granted a certificate in Romania for any plant protection product protected by a basic patent in force and to which has been obtained a first authorisation to place the product on the market as a plant protection product after January 1 2000. In the case of expiry the period referred to in paragraph 1 of article 7, the licence application may be lodged during a period of six months, no later than the date of accession. ".

b) paragraph 2 of article 20 shall be replaced by the following: ' 2. This Regulation shall apply to supplementary protection certificates granted in accordance with national legislation of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Poland, Romania, Slovenia and Slovakia prior to the date of accession. ".

III. COMMUNITY DESIGNS 32002 R 0006: Commission Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ L 3 of 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 of 23.9.2003, p. 33).

Paragraph 1 of article 110-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" new Member States "), the Community designs protected or requests pursuant to this regulation before the respective date of accession shall be extended to the territory of those Member States in order to produce the same effects throughout the community. ". 2. Agriculture 1. 31989 R 1576: Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (OJ L 160, 12.6.1989 p. 1 of), as amended by 31992 R 3280: –: Council Regulation (EEC) no 3280/92 of 9.11.1992 (Council OJ L 327 of 13.11.1992 , p. 3), 31994 R 3378: – Council Regulation (EC) no 3378/94 of the European Parliament and of the Council of 22.12.1994 (OJ L 366 of 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 of 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 Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236 of 23.9.2003, p. 33), – 32003 R 1882 : Commission Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284 of 31.10.2003, p. 1).

a) to (i)) of paragraph 4 of article 1, the following shall be added: "5) the name" fruit spirit "may be replaced by the designation" Pălincă solely for the "just for the spirit drink produced in Romania";

b) in annex II, the following geographical designations are added:-to the point 4: "Vinars Târnave", "Vinars Vaslui", "Vinars Murfatlar", "Vinars Vrancea", "Vinars Segarcea" – to the point 6: "Сунгурларска гроздова Гроздова ракия от/ракия Сунгурларе grozdova rakiya/Grozdova/Sungurlarska rakiya from Sungurlare", "Сливенска перла (Сливенска гроздова Гроздова ракия от ракия/Сливен)/Slivenska perla (Slivenska grozdova rakiya/Grozdova rakiya from Sliven)", "Стралджанска мускатова Мускатова от Стралджа ракия ракия//мuscatova rakiya/Straldjanska Muscatova rakiya from Topolovgrad" , "Поморийска гроздова Гроздова ракия от ракия/Поморие grozdova rakiya/Grozdova/Pomoriyska rakiya from Pomorie", "Русенска бисерна гроздова Бисерна гроздова ракия от ракия/Русе Rusenska grozdova rakiya biserna//grozdova rakiya Biserna of Ruse", "Бургаска мускатова Мускатова ракия от Бургас/ракия/Bourgaska muscatova rakiya/Muscatova rakiya from Bourgas", "Добруджанска мускатова Мускатова ракия от Добруджа ракия//muscatova rakiya/Muscatova rakiya Dobrudjanska Dobrudja", "Сухиндолска гроздова Гроздова от Сухиндол ракия/ракия Suhindolska grozdova rakiya/Grozdova/rakiya of Suhindol" , "Карловска гроздова Гроздова pакия Карлово от ракия//grozdova rakiya/Grozdova rakiya Karlovska Karlovo"-to the point 7: "Троянска сливова Сливова ракия от ракия/Troyanska slivova rakiya Троян/Slivova rakiya/of Troyan", "Силистренска кайсиева Кайсиева ракия от Силистра ракия/Silistrenska kaysieva rakiya/Kaysieva rakiya from Silistra/", "Тервелска Кайсиева ракия от кайсиева ракия/Тервел/kaysieva rakiya/Kaysieva rakiya Tervelska and Tervel", "Ловешка сливова Сливова от Ловеч ракия/Loveshka slivova ракия/Slivova rakiya from Lovech rakiya/" "Ţuică Zetea, of Medieşu Aurit" Ţuică de Valea Milcovului "," Ţuică de Buzău "," Ţuică de Argeş "," Ţuică "from Zalău", "Ţuică ardelenească Bistriţa", "Horincă de Maramureş", "Horincă de Cămârzan", "Horincă de Seini", "Horincă de Chioar", "Horincă de Lăpuş", "Turţ de Oaş, Turţ de Maramureş" "".

2.31991 R 1601: Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ L 149, 14.6.1991 p. 1 of), as amended by:


-31992 R 3279: Council Regulation (EEC) no 3279/92 of 9.11.1992 (OJ L 327 of 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 of 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 of 31.12.1994, p. 1)-31996 R 2061: Regulation (EC) No 2061/96 of the European Parliament and of the Council of 8.10.1996 (OJ L 277 of 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 of 31.10.2003, p. 1).

In paragraph 3 of article 2, the following point shall be inserted after subparagraph (h)): "i) Pelin: aromatized wine-based drink produced from white or red wine, grape must concentrate, grape juice (or beet sugar) and specific tincture of herbs, with an alcoholic strength of not less than 8.5% vol., a sugar content expressed as invert sugar of 45-50 grams per litre, and a total acidity of not less than 3 g/l expressed as tartaric acid. "

and (i)) becomes j).

3.31992 R 2075: Council Regulation (EC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco (OJ L 215 of 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 of 29.8.1994, p. 21), 31994 R 3290 : Commission Regulation (EC) No 3290/94 of 22.12.1994 (OJ L 349 of 31.12.1994, p. 105),  31995 R 0711: Council Regulation (EC) no 711/95 of 27.3.1995 (OJ L 73 of 1.4.1995, p. 13), 31996 R 0415 : Commission Regulation (EC) no 415/96 of the Council , of 4.3.1996 (OJ L 59 of 8.3.1996, p. 3), 31996 R 2444 : Commission Regulation (EC) no 2444/96 of 17.12.1996 (OJ L 333 of 21.12.1996, p. 4),  31997 R 2595: Council Regulation (EC) no 2595/97 of 18.12.1997 (OJ L 351 of 23.12.1997, p. 11),  31998 R 1636: Commission Regulation (EC) no 1636/98 of the Council of 20.7.1998 (OJ L 210 of 28.7.1998 , p. 23), 31999 R 0660 : Commission Regulation (EC) no 660/1999 of 22.3.1999 (OJ L 83 of 27.3.1999, p. 10),  32000 R 1336: Commission Regulation (EC) no 1336/2000 of 19.6.2000 (OJ L 154 of 27.6.2000, p. 2), 32002 R 0546 : Commission Regulation (EC) No 546/2002 of 25.3.2002 (OJ L 84 of 28.3.2002, p. 4)  32003 R 0806,: Commission Regulation (EC) No 806/2003 of 14.4.2003 (OJ L 122 of 16.5.2003, p. 1),  32003 R 2319: Commission Regulation (EC) No 2319/2003 of 17.12.2003 (OJ L 345 of 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 Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236 of 23.9.2003, p. 33).

the) in the Annex, point v. "SUN-CURED", the following is added: "Molovata Ghimpaţi Bărăgan plain") in annex b, point VI "Basmas", the following is added: "Djebel Nevrokop Dupnitsa Melnik Ustina Harmanli Krumovgrad Iztochen Balkan Topolovgrad Svilengrad Srednogorska yaka" c) in the Annex, point VIII. "Kaba Koulak (classic)", the following 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 products processed from fruit and vegetables (OJ L 297 of 21.11.1996, p. 29), as amended by 31997 R 2199: –: Commission Regulation (EC) No 2199/97 of the Council , of 30.10.1997 (OJ L 303 of 6.11.1997, p. 1),-31999 R 2701: Commission Regulation (EC) No 2701/1999 of 14.12.1999 (OJ L 327 of 21.12.1999, p. 5),-32000 R 2699: Council Regulation (EC) no 2699/2000 of 4.12.2000 (OJ L 311 of 12.12.2000, p. 9)-32001 R 1239: Council Regulation (EC) no 1239/2001 of 19.6.2001 (Council OJ L 171 of 26.6.2001 , p. 1), – 32002 R 0453: Commission Regulation (EC) no 453/2002 of 13.3.2002 (OJ L 72 of 14.3.2002, p. 9), – 12003 t: Act concerning the conditions of accession and the adjustments to the treaties-accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta , the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33)-32004 R 0386: Council Regulation (EC) no 386/2004 of 1.3.2004 (OJ L 64 of 2.3.2004, p. 25).

Annex III is replaced by the following: ' ANNEX III processing Thresholds referred to in article 5 fresh raw material (tonnes) Tomatoes community Thresholds Pears Peaches 8 860 061 560 428 105 659 L im going to re s n ac io n ai s Bulgaria Czech Republic o.s. 12 000 1 287 11 156 343 17 843 Greece Spain France Italy 1 211 241 300 000 5 155 1 238 606 180 794 35 199 401 608 15 685 17 703 4 350 000 42 309 45 708 Cyprus 7 944 6 n.r. n.r. n.r. n.r. 130 790 1 616 1 031 Hungary Latvia Malta Netherlands s.o. s.o. s.o. s.o. 27000 243 n.r. n.r. 9 Austria Poland 194 639 n.r. n.r. 1 050 000 218 600 Portugal Romania 50 390 523 n.r. Slovakia 29 500 147 n.r. n.r. = not applicable ".

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 number of the Council as regards the premium scheme, production quotas and the specific aid to be granted to producer groups in the raw tobacco sector (OJ L 358 of 31.12.1998 , p. 17), as amended by:


 31999 R 0510: Commission Regulation (EC) No 510/1999 of 8.3.1999 (OJ L 60 of 9.3.1999, p. 54),  31999 R 0731: Commission Regulation (EC) No 731/1999 of 7.4.1999 (OJ L 93 of 8.4.1999, p. 20),  31999 R 1373: Commission Regulation (EC) No 1373/1999 of 25.6.1999 (OJ L 162 of 26.6.1999, p. 47),  31999 R 2162 : Commission Regulation (EC) no 2162/1999 of 12.10.1999 (OJ L 265 of 13.10.1999, p. 13),  31999 R 2637: Commission Regulation (EC) no 2637/1999 of 14.12.1999 (OJ L 323 of 15.12.1999, p. 8),  32000 R 0531: Commission Regulation (EC) no 531/2000 of 10.3.2000 (OJ L 64 of 11.3.2000, p. 13),  32000 R 0909: Commission Regulation (EC) no 909/2000 of the Commission , of 2.5.2000 (OJ L 105 of 3.5.2000, p. 18),  32000 R 1249: Commission Regulation (EC) no 1249/2000 of 15.6.2000 (OJ L 142 of 16.6.2000, p. 3),  32001 R 0385: Commission Regulation (EC) No 385/2001 of 26.2.2001 (OJ L 57 of 27.2.2001, p. 18),  32001 R 1441: Commission Regulation (EC) no 1441/2001 of 16.7.2001 (JO L 193 of 17.7.2001 , p. 5),  32002 R 0486: Commission Regulation (EC) no 486/2002 of 18.3.2002 (OJ L 76 of 19.3.2002, p. 9),  32002 R 1005: Commission Regulation (EC) No 1005/2002 of 12.6.2002 (OJ L 153 of 13.6.2002, p. 3),  32002 R 1501: Commission Regulation (EC) No 1501/2002 of 22.8.2002 (OJ L 227 of 23.8.2002, p. 16) 32002 R 1983: , Regulation (EC) no 1983/2002 of 7.11.2002 (OJ L 306 of 8.11.2002, p. 8),  32004 R 1809: Commission Regulation (EC) no 1809/2004 of 18.10.2004 (OJ L 318 of 19.10.2004, p. 18).

Annex I is replaced by the following: ' Annex I PERCENTAGES of the GUARANTEE THRESHOLD per Member State or SPECIFIC REGION for the recognition of PRODUCER GROUPS Member States or specific region of establishment of producer groups Percentage Germany, Spain (except Castile-Leon, Navarra and the Campezo area in the Basque country), France (except Nord-Pas-de-Calais and Picardy), Italy, Portugal (except the autonomous region of the Azores) , Belgium, Austria, Romania 2% Greece (except Epirus), autonomous region of the Azores (Portugal), Nord-Pas-de-Calais and Picardy (France), Bulgaria (except the Banite, Zlatograd, Madan and Dospat in the Djebel area and Veliki Preslav, Varbitsa municipalities, Shumen, Smiadovо, Varna, Dalgopol, General Tоshevо, Dobrich, Kavarna, Krushari, Shabla and Antonovo Bulgaria) 1% Castile-León (Spain), Navarra (Spain), the Campezo area in the Basque country (Spain), Epirus (Greece), Banite, Zlatograd, Madan and Dospat in the Djebel area and Veliki Preslav, Varbitsa municipalities, Shumen, Smiadovо, Varna, Dalgopol, General Tоshevо, Dobrich, Kavarna, Krushari, Shabla and Antonovo Bulgaria) 0.3% ". 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 of 14.7.1999, p. 1), as amended by:-32000 R 1622: Commission Regulation (EC) No 1622/2000 of 24.7.2000 (OJ L 194 of 31.7.2000, p. 1),-32000 R 2826 : Commission Regulation (EC) No 2826/2000 of 19.12.2000 (OJ L 328 of 23.12.2000, p. 2),-32001 R 2585: Council Regulation (EC) no 2585/2001 of 19.12.2001 (OJ L 345 of 29.12.2001, p. 10)-32003 R 0806: Council Regulation (EC) No 806/2003 of 14.4.2003 (OJ L 122 of 16.5.2003, p. 1), – 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)-32003 R 1795: Commission Regulation (EC) No 1795/2003 of 13.10.2003 (OJ L 262 of 14.10.2003, p. 13).

a) to article 6 the following shall be added: "5. As regards Bulgaria and Romania, newly created planting rights shall be allocated for the production of quality wines psr amounting to 1.5% of the wine-growing zone, and 2302.5 hectares for Bulgaria and 2830.5 hectares for Romania at the date of accession. These rights shall be allocated to a national reserve to which article 5 shall apply. ";

b) in annex III (wine-growing zones), the following is added to point 2: "g) in Romania, the area of Podişul Transilvaniei" c) in annex III (wine-growing zones), the last subparagraph is replaced by the following: "(d))" In Slovakia, the Tokay region. ", e) in Romania, areas planted with vines not included in point (g)) 2 or point in (f)) of the 5 point."

d) in annex III (wine-growing zones), the following is added to point 5: "e) in Bulgaria, areas planted with vines in the following regions: Dunavska (Дунавска равнина), Chernomorski Rayon (Черноморски район), Rozova Dolina (Розова долина) f) in Romania, areas planted with vines in the following regions: Dealurile Buzăului, Dealu Mare, Severinului and Plaiurile Drâncei, Colinele Dobrogei River, Terasele Dunării, the South wine region , including sands and other favourable regions "e) in annex III (wine-growing zones), the following is added to point 6:" wine-growing zone C III (a)) comprises, in Bulgaria, areas planted with vines not included in point 5) ", f) in annex V, section D. 3, the following shall be added:" and in Romania ";

7.32000 R 1673: Council Regulation (EC) no 1673/2000 of 27 July 2000 on the common organisation of the market in flax and hemp grown for fibre (OJ L 193 of 29.7.2000, p. 16), as amended by:-32002 R 0651: Commission Regulation (EC) No 651/2002 of the Commission , of 16.4.2002 (OJ L 101 of 17.4.2002, p. 3), – 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)-32003 R 1782: Council Regulation (EC) No 1782/2003 of 29.9.2003 (OJ L 270 of 21.10.2003, p. 1)-32004 R 0393: Council Regulation (EC) no 393/2004 of 24.2.2004 (OJ L 65 of 3.3.2004, p. 4).


the) paragraph 1 of article 3 is replaced by the following: "1. Is established for long flax fibres a maximum guaranteed quantity is 80 878 tonnes per marketing year, broken down between all the Member States as national guaranteed quantities. The distribution of this amount is as follows: – 13 800 tonnes for Belgium, 13 tonnes for Bulgaria –, – 1 923 to 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 paragraph 2 of article 3, the introductory phrase and subparagraph (a)) shall be replaced by the following: "2. Is established a maximum guaranteed quantity of 147 265 tonnes per marketing year for short flax fibre and hemp fibre on which aid may be granted. This amount is broken down in the form: a) national guaranteed quantities for the following Member States: – 10 350 tonnes for Belgium, 48 tonnes for Bulgaria –, – 2 866 for the Czech Republic,-2000 tonnes for Germany, 42 tonnes for Estonia,-20000 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 Lithuania,-189 tonnes for Slovakia,-2 250 tonnes for Finland,-2 250 tonnes for Sweden,-12 100 tonnes for the United Kingdom.

However, the national guaranteed quantity determined for Hungary concerns hemp fibre only. "

8.32003 R 1782: Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending regulations (EEC) No 2019/93, (EC) no 1452/2001, (EC) no 1453/2001, (EC) No 1454/2001 , (EC) 1868/94 no, (EC) No 1251/1999, (EC) No 1254/1999, (EC) no 1673/2000, (EEC) no 2358/71 and (EC) no 2529//2001, as amended by: – 32004 R 0021: Council Regulation (EC) No 21/2004 of 17.12.2003 (OJ L 5 of 9.1.2004, p. 8),-32004 R 0583: Commission Regulation (EC) no 583/2004 of the Council , of 22.3.2004 (OJ L 91 of 30.3.2004, p. 1),-32004 D 0281: Commission decision 2004/281/EC of 22.3.2004 (OJ L 93 of 30.3.2004, p. 1),-32004 R 0864: Commission Regulation (EC) No 864/2004 of 29.4.2004 (OJ L 161 of 30.4.2004, p. 48).

the) (g)) of article 2 is replaced by the following: "(g))" new Member States "to Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia.";

b) in paragraph 2 of article 5, at the end of the first subparagraph, the following is added: "However, Bulgaria and Romania shall ensure that land under permanent pasture on 1 January 2007 be maintained as permanent pasture.";

c) in paragraph 2 of article 54, at the end of the first subparagraph, the following is added: "However, for Bulgaria and Romania, the date provided for the area aid applications is June 30, 2005.";

(d) Article 71 G) the following shall be added: "9. For Bulgaria and Romania: a) the three-year period referred to in paragraph 2 is 2002-2004; (b)) the year referred to in subparagraph (a)) of paragraph 3 is 2004; (c)) in the first subparagraph of paragraph 4, the reference to 2004 and/or 2005 shall be construed as 2005 and/or 2006 and the 2004 reference should be construed as 2005 ";

and To article 71 H) the following shall be added: "However, for Bulgaria and Romania the reference to 30 June 2003 shall be construed as June 30, 2005.";

f) paragraph 1 of article 74 shall be replaced by the following: "1. The aid shall be granted for national base areas in the traditional production zones listed in annex X.

The base areas are as follows: Bulgaria 21 800 617 000 ha Greece Spain ha 594 000 ha 000 208 ha France Italy Cyprus Hungary 1 646 000 ha ha 6 183 2 500 ha Austria 7000 Portugal 118 000 ha ha "; g) paragraph 1 of article 78 is replaced by the following: "1. Is established a maximum guaranteed area of 1 648 000 ha for which the aid may be granted. ';

h) paragraph 2 of article 80 shall be replaced by the following: "2. the aid shall be as follows, according to the yields in the Member States concerned: campaign 2004/2005 marketing year in case of application of article 71 (EUR/ha) from the marketing year 2005/2006 (EUR/ha) Bulgaria-Greece 345.225 Spain 1123.95 France 1323.96 561.00 476.25 : – Mainland – French Guiana 971.73 1329.27 Italy 1069.08 411.75 563.25 453.00 548.70 232.50 Portugal Hungary Romania 453.75 1070.85-126.075 "; I) Article 81 is replaced by the following: "article 81 Areas is established a national base area for each producer Member State. However, for France two base areas are established. The base areas are as follows: Bulgaria 4 166 ha Greece Spain 104 973 ha 20 333 ha France: – Mainland – French Guiana ha ha 4 190 1950 219 588 ha Italy Hungary Portugal Romania 24 667 ha ha 3 222 500 ha a Member State may subdivide your surface or its base areas in sub-base areas According to objective criteria. ";

j) article 84 shall be replaced by the following: "Article 84 1 Surfaces. Each Member State shall grant the Community aid within a ceiling calculated by multiplying the number of hectares of your SNG, established in paragraph 3, by the average amount of EUR 120.75.

2. Is established a maximum guaranteed area of 829 229 ha.

3. The maximum guaranteed area referred to in paragraph 2 shall be divided into the following NGA:


National guaranteed areas (NGA) Belgium Bulgaria Germany 100 ha ha ha 1 500 2084 41 100 ha 568 200 ha Greece Spain France Italy Cyprus 2000 ha 130 100 ha 5 100 ha 100 ha 2 900 ha Luxembourg Hungary Netherlands Austria Poland 100 ha 100 ha 4 200 ha 41 300 ha 1 645 ha Portugal Romania Slovenia Slovakia United Kingdom 300 ha 3 100 ha 100 ha 4. Each Member State may subdivide your NGA in sub-base areas in accordance with objective criteria, in particular at regional level or in relation to the production.

k) in article 95, the following subparagraphs shall be added to paragraph 4: "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 reviewed in accordance with the sixth subparagraph of paragraph 1 of article 6 of Regulation (EC) no 1788/2003 of the Council.

As regards Bulgaria and Romania, the period of twelve months referred to in the first subparagraph shall be that of 2006/2007. "

l) The second paragraph of article 103, the following is added: "However, as regards Bulgaria and Romania, the application of this paragraph shall be subject to the condition that the single area payment scheme is applied in 2007 and if you opt for the application of article 66.";

m) paragraph 1 of article 105 is replaced by the following: "1. Are paid a supplement to the area payment of:-EUR 291/ha for the marketing year 2005/2006,-EUR 285/ha for the marketing year 2006/2007 and onwards, for areas sown to durum wheat in the traditional production zones listed in annex X within the limits indicated below: (hectares) Bulgaria Greece 21 800 000 617 000 594 000 208 France Spain Italy Cyprus Hungary 1 646 000 2 500 Austria 7000 Portugal 6 183 118 000 ";

n) The second paragraph of article 108, the following is added: However, as regards Bulgaria and Romania, cannot be submitted requests for payment in respect of land which, on 30 June 2005, were earmarked for permanent pasture, permanent crops, forests or non-agricultural uses. ";

the) paragraph 1 of article 110-C is replaced by the following: "1. Are established the following national base areas: – Bulgaria: 10 237 ha Greece: 370 000 ha – – Spain: 70 000 ha – Portugal: 360 ha.";

p) paragraph 2 of article 110-C is replaced by the following: "2. For each eligible hectare, the amount of aid shall be set at: – Bulgaria: EUR 263-Greece: EUR 594 for 300 000 hectares and EUR 342.85 for the remaining 70 000 hectares, – Spain: EUR 1 039-Portugal: EUR 556."; q) paragraph 4 of article 116 shall be replaced by the following: "4. the maximum levels shall apply as follows: Member State rights (x 1000) 70 Belgium Bulgaria Czech Republic Denmark 66.733 2058.483 104 2 432 48 11 023 Germany Estonia Greece Spain France Ireland Italy 19 580 7 842 4 956 9 575 472.401 Cyprus Latvia Lithuania Luxembourg Hungary 18.437 17.304 4 1 146 Malta Netherlands 930 Austria 206 Poland 8.485 335.88 2 690 Portugal Romania 5880.620 Slovenia Slovakia Finland 80 Sweden 84.909 305.756 United Kingdom 89607.008 Total 180 19 492 "; r) paragraph 8 of article 123 shall be replaced by the following: ' 8. maximum residue limits shall apply as follows: 235 149 Belgium Bulgaria Czech Republic Denmark 277 110 244 349 90 343 Germany Estonia Greece Spain 1 782 700 18 800 143 134 713 999 * France * Ireland * Italy 1 077 458 1 754 732 598 746 Cyprus 12000 Latvia Lithuania 70 200 000 150 Luxembourg Hungary Malta Netherlands 18 962 94 620 3 201 157 932 Austria Poland Portugal 175 075 000 926 373 400 *** Romania Slovenia Slovakia 92 276 000 452 78 348 250 000 250 000 Sweden Finland United Kingdom 1 419 811 * ** * * without prejudice to the specific rules laid down in Regulation (EC) No 1454/2001. ** Without prejudice to the specific rules laid down in Regulation (EC) no 1452/2001. Without prejudice to the specific rules laid down in Regulation (EC) no 1453/2001. This ceiling shall be temporarily increased by 100 000 head to 1 519 811 head reach until such time as live animals under six months of age can be exported. "."; s) paragraph 5 of article 126 shall be replaced by the following: "5. the national ceilings shall apply as follows: Belgium Bulgaria Czech Republic 90 300 394 253 16 019 Denmark Germany Estonia Greece 13 416 112 932 639 535 138 005 Spain * France ** 1 441 539 3 779 866 1 102 620 Ireland Italy Cyprus Latvia Lithuania 19 368 500 621 611 47 232 18 537 000 117 Hungary Luxembourg Malta Netherlands 454 63 236 375 000 325 581 Austria Poland Portugal *** Romania Slovenia 86 384 000 150 416 539 Slovakia Finland Sweden 28 080 000 55 000 United Kingdom 155 1 699 511 * without prejudice to the specific rules laid down in Regulation (EC) No 1454/2001.
** Without prejudice to the specific rules laid down in Regulation (EC) no 1452/2001.
Without prejudice to the specific rules laid down in Regulation (EC) no 1453/2001. "; t) the second subparagraph of paragraph 3 of article 130 shall be replaced by the following: with regard to the new Member States the national ceilings shall be those indicated in the following table: Bulls, steers, cows and heifers Calves between 1 and 8 months and with a weight of less than 185 kg carcass Bulgaria Czech Republic Estonia 107 813 30 000 483 382 27 380 22 191 101 542 Cyprus 21000 — Latvia Lithuania 124 320 53 280 367 484 244 Hungary Malta 141 559 94 439 200 6 002 17 Poland Romania Slovenia Slovakia 1 815 430 839 518 1 148 000 85 000 161 137 35 852 204 062 62 841 "u) to article 143a is hereby supplemented by the following subparagraph:" However, as regards Bulgaria and Romania direct payments shall be introduced in accordance with the following schedule of increments expressed as a percentage of the then applicable level of such payments in the community in your composition on 30 April 2004:25% in 2007    30% 35% in 2008 2009 2010   40% 50% 60%  2011 2012 2013   70% 80% 90% in 2015 2014   100% as from 2016. ";

v) to paragraph 4 of article 143-B, the following subparagraph is added: "However, as regards Bulgaria and Romania, the agricultural area under the single area payment scheme shall be the part of the utilised agricultural area in good agricultural condition, whether or not to be used for production, adjusted, if necessary According to objective criteria to be set by Bulgaria and Romania after approval by the Commission. ";


w) paragraph 9 of article 143-B is replaced by the following: "9. In each new Member State shall be possible to apply the single area payment scheme during a period from the end of 2006, with the possibility of renewal twice by one year at the request of the new Member State. However, as regards Bulgaria and Romania, should be possible to apply the single area payment scheme during a period from the end of 2009, with the possibility of renewal twice by one year, to your request. Subject to paragraph 11, each new Member State may decide to terminate the application of the system at the end of the first or second year of the period of application, in order to implement the single payment scheme. The new Member States shall communicate to the Commission the your intention to terminate the scheme until 1 August of the last year of application. ";

x) paragraph 11 of article 143-(B) the following subparagraph is added: "as regards Bulgaria and Romania, until the end of the 5 year period of application of the single area payment scheme (i.e. until 2011), the percentage rate set second paragraph of article 143a. If the application of the single area payment scheme is extended beyond that date pursuant to a decision taken under point (b)), shall apply the rate percentage fixed in the second paragraph of article 143a for 2011, until the end of the last year of application of the single area payment scheme. ";

y) paragraph 2 of article 143 C shall be replaced by the following: "2. Should be given to the new Member States the possibility, subject to authorisation by the Commission, complement any direct payments up to: a) In relation to all direct payments, 55% of the level of direct payments in the Community (in your composition on 30 April 2004) in 2004, 60% in 2005 and 65% in 2006 and from 2007, up to 30 percentage points above the applicable level in the year concerned in accordance with article 143a. As regards Bulgaria and Romania, the following shall apply: 55% of the level of direct payments in the Community (in your composition on 30 April 2004) in 2007, 60% in 2008 and 65% in 2009 and from 2010, up 30 percentage points above the applicable level in the year concerned in accordance with the second paragraph of article 143a. in the potato starch sector the Czech Republic may complement direct payments up to 100% of the level applicable in the community on your composition on 30 April 2004. However, for the direct payments referred to in Chapter 7 of title IV of this regulation the following maximum rates shall apply: 85% in 2004, 90% in 2005, 95% in 2006 and 100% as from 2007. As regards Bulgaria and Romania, the following maximum rates shall apply: 85% in 2004, 90% in 2008, 95% in 2009 and 100% as from 2010;

or b) i) with regard to direct payments other than the single payment scheme, the total level of direct support the farmer would have been entitled to receive per product in the new Member State in the calendar year 2003 under a cap-like national scheme, increased by 10 percentage points. However, the reference year for Lithuania will be the calendar year 2002. For Bulgaria and Romania the reference year shall be the calendar year 2006. The increase for Slovenia will be 10 percentage points in 2004, 15 percentage points in 2005, 20 percentage points in 2006 and 25 percentage points from 2007, ii) in relation to the single payment scheme, the total amount of complementary national direct aid which may be granted by the new Member State in respect of a given year shall be limited by a specific financial envelope. This envelope shall be equal to the difference between: – the total amount of national direct aid similar to the CAP available in the new Member State concerned in respect of the calendar year 2003 or, in the case of Lithuania, of the calendar year 2002, increased, in both cases, to 10 percentage points. However, for Bulgaria and Romania the reference year shall be the calendar year 2006. The increase for Slovenia will be 10 percentage points in 2004, 15 percentage points in 2005, 20 percentage points in 2006 and 25 percentage points from 2007, and – the national ceiling of that new Member State indicated in annex VIIIA adjusted, where appropriate, in accordance with paragraph 2 of article 64 and paragraph 2 of article 70.

In calculating the total amount referred to in the first indent above, the national direct payments will be included and/or its components corresponding to the community direct payments and/or its components taken into account in calculating the effective ceiling of the new Member State concerned in accordance with paragraph 2 of article 64, paragraph 2 of article 70 and article 71 C.

For each of the direct payments concerned a new Member State can choose one of two options, a) or (b)), mentioned above.

The total amount of direct support that may be granted to the farmer in the new Member States after accession under the relevant direct payment including all complementary national direct payments shall not exceed the level of direct support the farmer would have been entitled to receive under the corresponding direct payment then applicable to the Member States of the community in your composition in April 30, 2004. "

z) paragraph 2 of article 154-is replaced by the following: "2. The measures referred to in paragraph 1 may be adopted during a period starting on 1 May 2004 and expiring on 30 June 2009, not being applicable beyond this date. However, for Bulgaria and Romania, the period beginning on 1 January 2007 and ending 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 are added footnotes: the title of point A "* for Bulgaria and Romania the reference to 2005 should be read as a reference to the first year of application of the single payment scheme."

the title of point (B): "* for Bulgaria and Romania the reference to 2006 should be read as a reference to the second year of application of the single payment scheme."

and, to the title of point c: "* for Bulgaria and Romania the reference to 2007 should be read as a reference to the third year of application of the single payment scheme."

AB) Annex VIIIA is replaced by the following: ' ANNEX VIIIA national ceilings referred to in article 71 C


The ceilings have been calculated taking account of the schedule of increments provided for in article 143a, and therefore do not need to be reduced.

(EUR milhões) Calendar year Bulgaria Czech Republic Estonia Cyprus Latvia Lituâni Malta Poland Romania's the Hungri Slovenia Slovakia 2005-228.8 23.4 8.9 33.9 92.0 350.8 0.67 724.6-2006-266.7 27.3 12.5 39.6 107.3 420.2 0.83 881.7 35.8 97.7-41.9 115.4 2,007,200.3 1140.8 2,008,240.4 1425.9 343.6 40.4 16.3 55.6 146.9 508.3 1.64 440.0 56.1 146.6 429.2 50.5 20.4 69.5 183.6 634.9 2.05 527.9 70.1 183.2 514.9 60.5 24.5 83.4 220.3 761.6 2.46 618.1 84.1 1711.0 2,009,281.0 2,010,321.2 219.7 600.5 70.6 28.6 97.3 257.0 888.2 2.87 706.4 98.1 256.2 686.2 80.7 32.7 111.2 293.7 1014.9 3.28 1996.1 2,011,401.4 2281.1 2,012,481.7 3.69 1141.5 771.8 90.8 36.8 125.1 330.4 883.0 112.1 292.8 2566.2 1059.6 2,013,562.0 1268.2 2851.3 126.1 329.3 857.5 100.9 40.9 139.0 367.1 4.10 140.2 365.9 2,014,642.3 1236.2 1268.2 2851.3 1412.8 4.10 857.5 100.9 40.9 139.0 367.1 140.2 365.9 2,015,722.6 1268.2 2851.3 1589.4 4.10 857.5 100.9 40.9 139.0 367.1 140.2 365.9 years following s 1268.2 2851.3 1766.0 4.10 802.9 857.5 100.9 40.9 139.0 367.1 140.2 365.9 ";

AC) to annex X is hereby supplemented by the following: "BULGARIA Starozagorski Haskovski Slivenski Yambolski Burgaski Dobrichki Plovdivski";

ad) Annex xib is replaced by the following: ' ANNEX XI B national base areas for arable crops and reference yields in the new Member States, as referred to in articles 101 and 103 base area (in hectares) Yield (t/ha) 2 625 258 2.90 Bulgaria Czech Republic Estonia Cyprus 2 253 598 4.20 362 827 2.40 2.30 79 004 Latvia Lithuania Hungary 443 580 2.50 1 146 633 2.70 3 487 792 4.73 4 565 Malta 2.02 Poland 3.00 9 454 671 Romania Slovenia Slovakia 7 012 666 2.65 125 171 5.27 4.06 1 003 453 ".

9.32003 R 1788: Council Regulation (EEC) no 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector (OJ L 270 of 21.10.2003, p. 123), as amended by: – 32004 D 0281: Commission decision 2004/281/EC of 22.3.2004 (OJ L 93 of 30.3.2004, p. 1).

a) to paragraph 4 of article 1, the following subparagraph is added: "as for Bulgaria and Romania, should be given a special restructuring reserve as set out in table g) of annex I, that reservation will be released from 1 April 2009 to the extent that the consumption of milk and milk products on the farm in each of these countries has decreased since 2002. The decision on the release of the reserve and your division between deliveries and direct sales should be taken by the Commission, in accordance with paragraph 2 of article 23, on the basis of the assessment of a report to be submitted to the Commission by Bulgaria and Romania until 31 December 2008. The report shall describe in detail the results and trends of the actual restructuring process in the national milk products sector, in particular the passage of production for on-farm consumption to production for the market. ";

(b)) paragraph 5 of article 1 is replaced by the following: "5." with regard to Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia the national reference quantities shall include all cow's milk or milk equivalent delivered to a purchaser or sold directly for consumption regardless of whether they are produced or marketed under a transitional measure applicable in these countries. ";

c) in article 1 the following paragraph is added: "6. as regards Bulgaria and Romania, the levy shall be applicable with effect from 1 April 2007.

d) in paragraph 1 of article 6, the third and fourth subparagraphs are replaced by the following: "with regard to Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia the basis for the establishment of the individual reference quantities referred to is defined in table f) of annex I." In the case of Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia, the 12-month period for the establishment of the individual reference quantities starts at: 1 April 2001 for Hungary, 1 April 2002 for Malta and Lithuania , 1 April 2003 for the Czech Republic, Cyprus, Estonia, Latvia and Slovakia, 1 April 2004 for Poland and Slovenia and 1 April 2006 for Bulgaria and Romania. ";

e) to paragraph 1 of article 6 the following paragraph is added: "In relation to Bulgaria and Romania, the distribution of the total quantity between deliveries and direct sales in the table f) of annex I shall be reviewed on the basis of the actual values for 2006 concerning deliveries and direct sales and, if necessary, adjusted by the Commission in accordance with the procedure referred to in paragraph 2 of article 23."

f) the second subparagraph of paragraph 2 of article 9 is replaced by the following: "with regard to Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia, the reference fat content referred to in paragraph 1 will be the same as the reference fat content of these quantities assigned 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) paragraph 5 of article 9 the following subparagraph shall be added: "with regard to Romania the reference fat content referred to in annex II shall be reviewed on the basis of the values for the whole year of 2004 and, if necessary, adjusted by the Commission in accordance with the procedure referred to in paragraph 2 of article 23."


h) in annex I, tables (d)), and) f) and g) are replaced by the following: "d) period 2007/2008 Member State Quantities, Belgium Bulgaria Czech Republic Denmark tons Germany Estonia Greece Spain France Ireland Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta 3,343,535.000 979,000.000 4,499,900.000 28,143,464.000 624,483.000 820,513.000 2,682,143.000 6,116,950.000 5,395,764.000 10,530,060.000 145,200.000 695,395.000 24,478,156.000 1,646,939.000 271,739.000 1 947,280.000 Netherlands Austria Poland Portugal Romania 48698.000 Slovenia Slovakia Finland Sweden United Kingdom 11,185,440.000 2,776,895.000 1,939,187.000 3,057,000.000 560,424.000 1,013,316.000 8,964,017.000 2,431,047.324 3,336,030.000 14,755,647.000 and 2008/2009) period to 2014/2015 Member State Quantities, Belgium Bulgaria Czech Republic Denmark tons Germany Estonia Greece Spain France Ireland Italy Cyprus Latvia 3,360,087.000 979,000.000 2,682,143.000 4,522,176.000 28,282,788.000 624,483.000 6,116,950.000 24,599,335.000 5,395,764.000 10,530,060.000 820,513.000 145,200.000 695,395.000 Hungary Luxembourg Lithuania Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom 1,646,939.000 273,084.000 48698.000 11,240,814.000 2,790,642.000 8,964,017.000 1,947,280.000 1,948,550.000 560,424.000 1,013,316.000 2,443,069.324 3,352,545.000 3,057,000.000 14,828,597.000 f) Quantities for deliveries and direct sales referred to in the second subparagraph of paragraph 1 of article 6 the Member State of the reference quantities for deliveries, tonnes of the reference quantities for direct sales, tonnes Bulgaria Czech Republic Estonia Cyprus Latvia Lithuania Hungary Malta Poland Romania Slovenia – 722 000 2 613 239 537 188 141 337 468 943 1 256 440 1 782 650 48 698 257 000 68 904 87 365 3 863 226 452 390 499 164 630 Slovakia 8 500 000 1 093 000 467 063 990 810 464 017 1 964 000 93 361 22 506 g) special restructuring reserve Quantities referred to in paragraph 4 of article 1 Member State special restructuring reserve Quantities, tonnes Bulgaria Czech Republic Estonia Latvia Lithuania Hungary Poland Romania Slovenia Slovakia 39 180 55 788 21 885 33 253 57 900 42 780 416 126 188 400 16 214 27 472 "i) in annex II , the table is replaced by the following: "REFERENCE FAT CONTENT Member State reference fat content (g/kg) Belgium Bulgaria Czech Republic Denmark Germany Estonia Greece Spain France Ireland Italy Cyprus Latvia Lithuania Luxembourg Hungary Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom 36.91 39.10 42.10 43.68 40.11 43.10 36.10 36.37 39.48 35.81 36.88 34.60 40.70 39.90 39.17 38.50 42.36 40.30 39.00 37.30 35.93 41.30 37.10 43.40 43.40 39.70. 3.31996 L 0026 TRANSPORT POLICY: Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator, as well as the mutual recognition of diplomas, certificates and other evidence of formal qualifications, in order to facilitate the effective exercise of freedom of establishment of these transporters in national and international transport (OJ L 124 of 23.5.1996 , p. 1), as amended by 31998 L 0076: Council Directive 98/76/EC of 1.10.1998 (OJ L 277 of 14.10.1998, p. 17), – 12003 t: Act concerning the conditions of accession and the adjustments to the treaties-accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania , the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236 of 23.9.2003, p. 33). -32004 L 0066: Council Directive 2004/66/EC of 26.4.2004 (OJ L 168 of 1.5.2004, p. 35).

Article 10 a) the following paragraphs shall be added: "11. By way of derogation from paragraph 3, certificates issued to road hauliers in Bulgaria before the date of accession are treated only licences issued pursuant to the provisions of this directive if they have been passed:-international road transport of goods and passengers pursuant to Decree No. 11 of 31 October 2002 on international carriage of passengers and goods (Official Gazette No 108 of 19 November 2002) from November 19, 2002 – national transport operators and road passenger transport pursuant to Decree No. 33 of 3 November 1999, concerning the carriage of passengers and goods on the territory of Bulgaria, as amended on 30 October 2002 (Official Gazette No. 108 of November 19, 2002), from 19 November 2002.

12. By way of derogation from paragraph 3, certificates issued to road hauliers in Romania just prior to the date of accession shall be assimilated to certificates issued pursuant to the provisions of this directive if they have been passed onto international road haulage and road passenger transport under the decision of the Minister of transport no 761 of 21 December 1999 on the appointment , training and professional certification of persons coordinating permanently and effectively road transport activity, from January 28, 2000. ".

b) the second paragraph of article 10A is replaced by the following: "The professional competence certificates referred to in paragraphs 4 to 12 of article 10 may be passed by the Member States concerned according to the model of certificate set out in annex I."

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 of 19.11.1979, p. 95), 31980 L 0368 –: Council Directive 80/368/EEC of 26.3.1980 (OJ L 90 of 3.4.1980, p. 41), 31984 L 0386 –: Council Directive 84/386/EEC of 31.7.1984 (OJ L 208 of 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 of 15.11.1985, p. 167), 31989 L 0465: Council Directive – 89/465/EEC of 18.7.1989 (OJ L 226 of 3.8.1989, p. 21),-31991 L 0680: Council Directive 91/680/EEC of 16.12.1991 (OJ L 376 of 31.12.1991 , p. 1),-31992 L 0077: Council Directive 92/77/EEC of 19.10.1992 (OJ L 316 of 31.10.1992, p. 1)-31992 L 0111: Council Directive 92/111/EEC of 14.12.1992 (OJ L 384 of 30.12.1992, p. 47),-31994 L 0004: Directive 94/4/EC of 14.2.1994 (OJ L 60 of 3.3.1994, p. 14),-31994 L 0005: Directive 94/5/EC , out of 14.2.1994 (OJ L 60 of 3.3.1994, p. 16), 31994 L 0076: Directive-94/76/EC of 22.12.1994 (OJ L 365 of 31.12.1994, p. 53),-31995 L 0007: Council Directive 95/7/EC of 10.4.1995 (OJ L 102 of 5.5.1995, p. 18),-31996 L 0042: Directive 96/42/EC of 25.6.1996 (OJ L 170 of 9.7.1996 , p. 34), 31996 L 0095: Directive – 96/95/EC of 20.12.1996 (OJ L 338 of 28.12.1996, p. 89), 31998 L 0080-: Council Directive 98/80/EC of 12.10.1998 (OJ L 281 of 17.10.1998, p. 31)-31999 L 0049: Council Directive 1999/49/EC of the Council of 25.05.1999 (OJ L 139 of 02.06.1999, p. 27),-31999 L 0059: Directive 1999/59/EC , of 17.6.1999 (OJ L 162 of 26.6.1999, p. 63),-31999 L 0085: Directive 1999/85/EC of 22.10.1999 (OJ L 277 of 28.10.1999, p. 34),-32000 L 0017: Council Directive 2000/17/EC of 30.3.2000 (OJ L 84 of 5.4.2000, p. 24),-32000 L 0065: Directive 2000/65/EC of 17.10.2000 (OJ L 269 of 21.10.2000 , p. 44),-32001 L 0004: Directive 2001/4/EC of 19.1.2001 (OJ L 22 of 24.1.2001, p. 17),-32001 L 0115: Council Directive 2001/115/EC of 20.12.2001 (OJ L 15 of 17.1.2002, p. 24),-32002 L 0038: Council Directive 2002/38/EC of 7.5.2002 (OJ L 128 of 15.5.2002, p. 41),-32002 L 0093: Council Directive 2002/93/EC , of 3.12.2002 (OJ L 331 of 7.12.2002, p. 27), – 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 of 23.9.2003 , p. 33), 32003 L 0092: Directive – 2003/92/EC of 7.10.2003 (OJ L 260 of 11.10.2003, p. 8), – 32004 L 0007: Directive 2004/7/EC of 20.1.2004 (OJ L 27 of 30.1.2004, p. 44), – 32004 L 0015: Directive 2004/15/EC of 10.2.2004 (OJ L 52 of 21.2.2004, p. 61),-32004 L 0066: Council Directive 2004/66/EC , 26.04.2004 (OJ L 168 of 01.05.2004, p. 35).

Article 24-A, before the Indent "-in the Czech Republic: EUR 35 000;", the following indent is added: "-in Bulgaria: EUR 25 600;".

and, after the Indent "-in Poland: EUR 10 000;", the following indent is added: "-in Romania: EUR 35 000;".

2.31992 L 0083: 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 of 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 of 23.9.2003, p. 33).

the) paragraph 6 of article 22 shall be replaced by the following: "6. The Bulgaria and the Czech Republic may apply a reduced rate of tax, not more than 50% below the standard national rate of excise duty on ethyl alcohol, to ethyl alcohol produced by fruit growers ' distilleries producing annually more than 10 hectolitres of ethyl alcohol from fruit supplied by producer aggregates. The application of reduced rates is limited to 30 litres of fruit spirits per producing aggregate exclusively intended for the personal consumption of the same. "

b) paragraph 7 of article 22 shall be replaced by the following: "7. in Hungary, Romania and Slovakia may apply a reduced rate of tax, not more than 50% below the standard national rate of excise duty on ethyl alcohol, to ethyl alcohol produced by fruit growers ' distilleries producing annually more than 10 hectolitres of ethyl alcohol from fruit supplied by producer aggregates. The application of reduced rates is limited to 50 litres of fruit spirits per producing aggregate exclusively intended for the personal consumption of the same. The Commission should review the scheme in 2015 and report to the Council on any changes. ".

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ANNEX IV list referred to in article 17 of the Protocol: supplementary adaptations to acts adopted by the institutions 1. Agriculture 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, amend the regulation on the common organisation of the markets in the sugar sector to take account of the accession of Bulgaria and Romania, by the adjustment of the quotas of sugar and isoglucose and the maximum supply needs for imports of sugar crude, set out in the table below, which may be adapted in the same way that the quotas of existing 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 (in tonnes) Bulgaria Romania basic Quantity for sugar 1 4 752 109 164 of which: 4 320 99 240 B 432 9 924 maximum supply Needs for imports of raw sugar (expressed as white sugar) 198 748 329 636 quantity of basis for isoglucose 2 56 063 9 981 of which: 56 063 9 790 B 0 191 1 In tonnes of white sugar. 2 in tonnes of dry matter.


If Bulgaria so requests in 2006, the basic quantities of sugar and (B) above will pass to basic isoglucose quantities A and B of Bulgaria.

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

If necessary, through the procedure referred to in article 23 of Regulation (EC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco 1, the Commission shall, by the date of accession, the necessary amendments to the Community list of recognised production areas set out in annex II to Regulation (EC) no 2848/98 the Commission to take account of the accession of Bulgaria and Romania, in particular in order to insert in this list the production areas designated by Bulgaria and Romania.

3.32003 R 1782: Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending regulations (EEC) No 2019/93, (EC) no 1452/2001, (EC) no 1453/2001, (EC) No 1454/2001 , (EC) 1868/94 no, (EC) No 1251/1999, (EC) No 1254/1999, (EC) no 1673/2000, (EEC) no 2358/71 and (EC) no 2529/2001 (OJ L 270 of 21.10.2003, p. 1), as amended by: – 32004 R 0021: Council Regulation (EC) No 21/2004 of 17.12.2003 (OJ L 5 of 9.1.2004, p. 8),-32004 R 0583 : Commission Regulation (EC) no 583/2004 of 22.3.2004 (OJ L 91 of 30.3.2004, p. 1),-32004 D 0281: Commission decision 2004/281/EC of 22.3.2004 (OJ L 93 of 30.3.2004, p. 1),-32004 R 0864: Commission Regulation (EC) No 864/2004 of 29.4.2004 (OJ L 161 of 30.4.2004, p. 48).
1 OJ L 215 of 30.7.1992, p. 70. the) the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt the necessary provisions for Bulgaria and Romania to integrate aid for seeds production support schemes provided for in Chapter 6 of title III and Title IV A of Regulation (EC) No 1782/2003.

I) These provisions should include the following amendment to annex Xia "ceilings for aid for seed production in the new Member States referred to in paragraph 3 of article 99" Regulation (EC) No 1782/2003, as amended by Regulation (EC) no 583/2004: "ANNEX XI the ceilings on aid for seed production in the new Member States referred to in paragraph 3 of article 99 (EUR milhões) calendar year Bulgaria Czech Republic
Estonia Cyprus Latvia Lithuania Hungary Malta Poland Romania Slovenia Slovakia to 2005-3-0.08 0.04 0.10 0.10 0.78 0.03 0.56 0.87 0.04 0.0 2006-3-0.10 0.04 0.12 0.12 0.90 0.03 0.65 1.02 0.04 0.0 2007 2008 0.14 0.14 1.03 0.04 0.74 0.19 0.11 0.05 0.13 1.46 0.06 0.0 4 0.11 1.17 0.05 0.0 5 2009 6 0.15 1.75 0.07 0.0 0.21 0.21 1.55 0.06 1.11 0.26 0.17 0.07 0.17 0.17 1.29 0.05 0.93 0.23 0.14 0.06 0.17 2.04 2010 7 0.24 0.24 1.81 0.07 1.30 0.30 0.19 0.08 0.08 0.0 0.22 2.33 0.10 0.0 8 2011 2012 2013 0.28 0.28 2.07 0.08 1.48 0.38 0.22 0.09 0.26 2.62 0.11 0.0 9 0.31 0.31 2.33 0.09 1.67 0.45 0.25 0.11 0.30 2.91 0.12 0.1 0.35 0.35 2.59 0.10 1.85 0.53 0.28 0.12 0.34 2.91 0.12 0.1 0.35 0.35 2.59 0.10 1.85 0.60 0.28 0.12 0 2014 2015 0 0 0.39 2.91 0.12 0.1 0.35 0.35 2.59 0.10 1.85 0.68 0.28 2016 0 0.43 2.91 0.12 0.1 0.35 0.35 2.59 0.10 1.85 0.75 0.28 0.12 0.12 years following 0.43 2.91 0.12 0.1 0.35 0.35 2.59 0.10 1.85 0.75 0.28 0.12 0 "ii) the allocation of national maximum quantities of seeds to which the relevant help: allocation of national maximum quantities of seeds to which the relevant help (in tonnes) Bulgaria Romania rice seed (Oryza sativa l.) 883.2 100 other seeds 936 2 294 b) the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt the necessary measures in relation to Bulgaria and Romania to integrate aid for tobacco in the support schemes laid down in Chapter 6 of title III and Title IV A of Regulation (EC) No 1782/2003.

The agreed allocation of national guarantee thresholds for tobacco are as follows: Allocation of national guarantee thresholds agreed for tobacco (in tonnes) Bulgaria Romania Total, of which: 47 137 12 312 I hot air dried Clear dry air II 9 023 4 647 3 208 2 370 V Sun-dried 5 295 SAW VIII Kaba Koulak 31 106 3 800 Basmas b. veterinary and phytosanitary LEGISLATION 31999 L 0105 Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (OJ L 11 of 15.1.2000, p. 17).


If necessary, through the procedure referred to in paragraph 3 of article 26 of Directive 1999/105/EC, the Commission shall adapt annex I to that directive with regard to the forest species Pinus peuce Griseb., Fagus orientalis Lipsky, Quercus frainetto Ten. and Tilia tomentosa Moench.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ANNEX V list referred to in article 18 of the Protocol: other permanent provisions 1. COMPANY LAW Treaty establishing a Constitution for Europe, part III, title III, Chapter I, section 3, free movement of goods SPECIFIC MECHANISM with regard to Bulgaria or Romania, the holder – or the beneficiary – of a patent or a supplementary protection certificate of a pharmaceutical product application in a Member State on a date on which it was not possible to obtain such protection in the new Member States mentioned above for this product , may invoke the rights conferred by that patent or supplementary protection certificate to prevent the import and marketing of that product in the Member State in which the product in question enjoys the protection conferred by the patent or supplementary protection certificate, even if the said product has been placed on the market for the first time in that new Member State by him or with your consent.

Any person intending to import or market a pharmaceutical product covered by the previous paragraph for a Member State where the product enjoys patent protection or supplementary protection, must prove to the competent authorities in the application regarding that import that the holder or beneficiary of this production was previously notified with a period of one month.

2. COMPETITION POLICY Treaty establishing a Constitution for Europe, part III, title III, Chapter I, section 5, rules on competition 1. The aid schemes and individual aid below running in a new Member State before the date of accession and which continue to be applicable after that date shall be regarded upon accession, existing aid within the meaning of paragraph 1 of article III-168 of the Constitution: a) aid measures running before 10 December 1994; b) aid measures listed in the appendix to this annex; c) aid measures which prior to the date of accession, were assessed by the State aid monitoring authority of the new Member State and found to be compatible with the acquis, and to which the Commission has not raised objections motivated by serious doubts as to the compatibility of the measures with the common market, in accordance with paragraph 2.

All measures still applicable after the date of accession which constitute State aid and do not meet the above-mentioned conditions are considered new aid upon accession for the purposes of paragraph 3 of article III-168 of the Constitution.

The foregoing does not apply to aid to the transport sector, nor to activities linked to the production, processing or marketing of products listed in annex I to the Constitution except fishery products and products thereof.

In addition, the foregoing is without prejudice to the transitional measures regarding competition policy set out in the Protocol or the measures provided for in Annex VII, Chapter 4, section B, of the Protocol.

2. If a new Member State wish the Commission review an aid measure under the procedure described in point 1 (c)), will provide the Commission regularly: a) A list of existing aid measures which have been assessed by the national authority of State aid control and she considered compatible with the acquis, and b) any other information essential to the assessment of the compatibility of the aid measure to be examined According to the specific requirements laid down by the Commission in the field of information.

If the Commission does not object to measure on the basis of serious doubts as to the compatibility with the common market, within three months from the date of receipt of the complete information about the existing aid measure, or of a declaration of a new Member State in which it informs the Commission that it considers the information provided complete in view of the additional information requested is not available or had been provided, it is considered that the Commission did not raise objections.

All aid measures submitted to the Commission pursuant to subparagraph (c)) 1 point before the date of accession shall be subject to the procedure described above, regardless of the fact that during the analysis period, the new Member State concerned have however become a member of the Union.

3. If the Commission decides to object to a measure, within the meaning of point 1 (c)), that decision will be seen as a decision to initiate the formal investigation procedure within the meaning of Regulation (EC) no 659/1999 of 22 March 1999 laying down detailed rules for the application of article 93 of the EC Treaty 1.

If it is taken before the date of accession, this decision shall take effect from the date of accession.
1 OJ L 83 of 27.3.1999, p. 1. Regulation as last amended by the Act of accession of 16.4.2003 (OJ L 236 of 23.9.2003, p. 345). 4. Without prejudice to the procedures concerning existing aid provided for in article III-168 of the Constitution, aid schemes and individual aid granted to the transport sector running in a new Member State before the date of accession and which continue to be applicable after that date shall be regarded as existing aid within the meaning of paragraph 1 of article 168 of the Constitution under the following conditions :-the aid measures shall be communicated to the Commission within four months from the date of accession. This communication shall include information on the legal basis of each measure. Existing aid measures and projects relating to the establishment or amendment of any aid notified to the Commission before the date of accession, shall be considered as having been notified on the date of accession.

These aid measures shall be regarded as "existing aid" within the meaning of paragraph 1 of article 168 of the Constitution until the end of the third year from the date of accession.


The new Member States should amend, where necessary, the aid measures in order to comply with the guidelines applied by the Commission at the latest by the end of the third year from the date of accession. After that date, the aid is incompatible with the guidelines above will be considered as new aid.

5. With regard to Romania, paragraph c) 1 point will only apply to aid measures assessed by the national authority of State aid control after the date, decided by the Commission on the basis of a permanent examination of commitments made by Romania in the context of the accession negotiations, that Romania has reached a satisfactory level in terms of law enforcement in the field of State aid in the period prior to accession. It is considered that was reached a satisfactory level when Romania show that the coherent execution full and proper control of State aid in relation to all aid measures granted in Romania, including the adoption and implementation by the national authority of State aid control, fully and correctly reasoned decisions entailing an accurate assessment of the State aid nature of each measure and a correct application of the compatibility criteria.

The Commission may raise objections, motivated by serious doubts as to compatibility with the common market, any aid measures granted in the pre-accession period between 1 September 2004 and the date set in the decision of the Commission referred to above, in which it notes that the application of the law for the enforcement of State aid has reached a satisfactory level. The Commission's decision to lift objections to a measure shall be considered a decision to initiate the formal investigation procedure within the meaning of Regulation (EC) no 659/1999. If it is taken before the date of accession, this decision shall take effect from the date of accession.

Where to adopt a negative decision following the initiation of the formal investigation procedure, the Commission shall decide that Romania shall take all necessary measures to ensure that the aid be recovered. The aid to be recovered shall include interest at an appropriate rate determined in accordance with Regulation (EC) no 794/2004 1, payable from the same date.

3. Agriculture) Treaty establishing a Constitution for Europe, part III, title III, Chapter III, section 4, agriculture and fisheries 1. Public stocks held at the date of accession by the new Member States and resulting from your market-support policy shall be taken over by the community at the value resulting from the application of article 8 of Regulation (EEC) No 1883/78 of 2 August 1978, laying down general rules for the financing of interventions by the European 1 Regulation (EC) no 794/2004 of the Commission , of 21 April 2004 implementing Council Regulation (EC) no 659/1999 laying down detailed rules for the application of article 93 of the EC Treaty (OJ L 140 of 30.4.2004, p. 1). Agricultural guidance and guarantee fund, guarantee section 1. The take-over is carried out only if the products concerned are subject to public intervention in the community and if the stocks meet the Community intervention requirements.

2. The stock of products, private or public, which are in free circulation at the date of accession within the territory of the new Member States and beyond, in quantity, which can be considered a normal existence of report must be eliminated at the expense of the new Member States.

The notion of normal existence of report will be defined for each product on the basis of criteria and objectives specific to each common market organisation.

3. The inventories referred to in paragraph 1 shall be deducted from the quantity exceeding the normal carryover stocks.

4. the Commission shall implement and apply the above provisions in accordance with article 13 of Regulation (EC) no 1258/1999 of 17 May 1999 on the financing of the common agricultural policy 2 or, if appropriate, in accordance with paragraph 2 of article 42 of Regulation (EC) No 1260/2001 of the Council of 30 June 2001 the common organisation of the markets in the sugar sector 3, or the corresponding articles of the other regulations on the common organization of agricultural markets or the relevant Committee procedure as determined by applicable law.

b) Treaty establishing a Constitution for Europe, part III, title III, Chapter I, section 5, rules on competition Without prejudice to the procedures concerning existing aid provided for in article III-168 of the Constitution, aid schemes and individual aid granted to 1 OJ L 216 of 5.8.1978, p. 1. Regulation as last amended by Regulation (EC) No 1259/96 (OJ L 163 of 2.7.1996, p. 10).
2 OJ L 160 of 26.6.1999, p. 103. 3 OJ L 178 of 30.6.2001, p. 1. Regulation as last amended by Regulation (EC) No 39/2004 (OJ L 6 of 10.1.2004, p. 16). activities associated with the production, processing or marketing of products listed, with the exception of fisheries products and products derived therefrom which have been put into implementation 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 paragraph 1 article III-168 of the Constitution, on the following condition: – the aid measures shall be communicated to the Commission within four months from the date of accession. This communication shall include information on the legal basis of each measure. Existing aid measures and projects relating to the establishment or amendment of any aid notified to the Commission before the date of accession, shall be considered as having been notified on the date of accession. The Commission shall publish a list of such aid.

These aid measures shall be regarded as "existing aid" within the meaning of paragraph 1 of article III-168 of the Constitution until the end of the third year from the date of accession.

The new Member States should amend, where necessary, the aid measures in order to comply with the guidelines applied by the Commission at the latest by the end of the third year from the date of accession. After that date, the aid is incompatible with the guidelines above will be considered as new aid.

4. CUSTOMS UNION


Treaty establishing a Constitution for Europe, part III, title III, Chapter I, section 3, free movement of goods, Customs Union 31992 R 2913: Council Regulation (EEC) No 2913/92 number of 12 October 1992 establishing the Community Customs Code (OJ L 302 of 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 Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236 of 23.9.2003, p. 33)-31993 R 2454 : Commission Regulation (EEC) No 2454/93 number of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 number of the Council laying down the Community Customs Code (OJ L 253 of 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 of 31.12.2003 , p. 1) Regulations (EEC) No 2913/92 and s 2454/93 shall apply to the new Member States subject to the following specific provisions: PROOF of COMMUNITY STATUS (TRADE WITHIN the ENLARGED COMMUNITY) 1. Notwithstanding article 20 of Regulation (EC) No 2913/92, goods which on the date of accession are in temporary storage or under one of the customs procedures referred to in point (a) and (b)) and in (b)) 15 g) of point 16 article 4 of that regulation in the enlarged community, or which are to be transported after completion of the export formalities within the enlarged community shall be exempt from customs duties and other customs measures when they have been declared for release for free circulation in the enlarged community, since present one of the following evidence: a) certificate of preferential origin properly issued or drawn up before the date of accession under the conditions established in the Europe agreements listed below or the equivalent preferential agreements concluded between the new Member States , which include a ban or an exemption of customs duty drawback on non-originating materials used in the manufacture of products for which has been issued or an elaborate proof of origin ("no-drawback" rule); Europe agreements: – 21994 A 1231 (24) Europe Agreement establishing an association between the 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) 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 concerning the definition of the concept of "originating products" and methods of administrative cooperation 2;

b) one of the proof of Community status referred to in article 314 C of Regulation (EEC) No 2454/93 number;

c) an ATA Carnet issued before the date of accession in a present Member State or in a new Member State.

2. for the purpose of issuing the proofs referred to in point (b)) of paragraph 1, in relation to the situation at the date of accession and in addition to the provisions of paragraph 7 of article 4 of Regulation (EEC) 2913/92 paragraph, "Community goods" goods:-entirely 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 number without incorporation of goods imported from other countries or territories; 1 OJ L 358 or of 31.12.1994, p. 3. Protocol as last amended by decision No 1/2003 of the EU-Bulgaria Association Council of 4.6.2003 (OJ L 191 of 30.7.2003, p. 1).
2 OJ L 357 of 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). -imported from countries or territories other than the country concerned, and released for free circulation in that country; or – obtained in the country concerned, either from goods referred to exclusively in the second indent of this paragraph, either from goods referred to in the first and second indents of this paragraph.

3. For the purpose of verifying the proofs referred to in paragraph 1), the provisions concerning the definition of the concept of "originating products" and methods of administrative cooperation under the respective Europe agreements or the equivalent preferential agreements concluded between the new Member States. Requests for subsequent verification of those proofs shall be accepted by the competent customs authorities of the present Member States and the new Member States within three years after the issue of the proof of origin concerned and may be made by those authorities in a period of three years after acceptance of the proof of origin in support of a declaration of free circulation.

PROOF of PREFERENTIAL ORIGIN (TRADE with third countries, in particular with Turkey, in the FRAMEWORK of PREFERENTIAL AGREEMENTS in RESPECT of AGRICULTURAL PRODUCTS and coal and steel PRODUCTS) 4. Without prejudice to the application of any measure deriving from the common commercial policy, proof of origin properly issued by third countries or established in the framework of preferential agreements concluded by the new Member States with those countries or issued or established in the framework of unilateral national legislation of the new Member States shall be accepted in the new Member States, provided that: a) the acquisition of such origin confers preferential tariff treatment on the basis of the preferential tariff measures contained in agreements or arrangements which the community has concluded with third countries or groups of countries or adopted for the benefit of those countries or groups of countries, referred to in points (d)) and e) of paragraph 3 of article 20 of Regulation (EEC) No 2913/92 number; and (b)) the proof of origin and the transport documents were issued or drawn up no later than the day preceding the accession; and (c)) the proof of origin is submitted to the Customs authorities within four months from the date of accession.


If the goods have been declared for release for free circulation in a new Member State before the date of accession, proof of origin issued or established retrospectively under 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 submitted to the Customs authorities within four months from the date of accession.

5. The Bulgaria and Romania are authorised to retain the authorisations which have been granted the status of "approved exporter" within the framework of agreements concluded with third countries, provided that: a) such a provision is also provided for in the agreements concluded prior to the date of accession by those third countries with the community; and b) The approved exporters apply the rules of origin provided for in those agreements.

The new Member States will replace these authorisations, not later than one year after the date of accession, by new authorisations issued under the conditions laid down in Community legislation.

6. For the purpose of verifying the proofs referred to in paragraph 4, the provisions concerning the definition of the concept of "originating products" and methods of administrative cooperation of the relevant agreements or arrangements. Requests for subsequent verification of those proofs shall be accepted by the competent customs authorities of the present Member States and the new Member States within three years after the issue of the proof of origin concerned and may be made by those authorities in a period of three years after acceptance of the proof of origin in support of a declaration of free circulation.

7. Without prejudice to the application of any measure deriving from the common commercial policy, proof of origin issued retrospectively by third countries in the framework of preferential agreements concluded by the community with these countries will be accepted in the new Member States for the release for free circulation of goods which, at the date of accession are either in transit or in temporary storage in a customs warehouse or in a free zone in one of these third countries or in that new Member State , since in the new Member State in which release for free circulation is not in force any free trade agreement with that third country for the products in question, at the time of issuance of the transport documents and provided that: a) the acquisition of such origin confers preferential tariff treatment on the basis of the preferential tariff measures contained in agreements or arrangements which the community has concluded with third countries or groups of countries adopted for the benefit of these third countries or groups of countries, referred to in points (d)) and e) of paragraph 3 of article 20 of Regulation (EEC) No 2913/92 number; and (b)) the transport documents were issued no later than the day preceding the accession; and (c)) the proof of origin issued retrospectively is submitted to the Customs authorities within four months from the date of accession.

8. For the purpose of verifying the proofs referred to in paragraph 7, the provisions concerning the definition of the concept of "originating products" and methods of administrative cooperation of the relevant agreements or arrangements.

PROOF Of STATUS UNDER The Provisions On FREE CIRCULATION For INDUSTRIAL PRODUCTS In The FRAMEWORK Of The Ec-Turkey Customs Union 9. Proofs of origin properly issued by Turkey or a new Member State under preferential trade agreements applied between them allowing cumulation of origin with the community based on identical rules of origin and a prohibition of drawback of, or a suspension of customs duties on the goods in question shall be accepted in the respective countries as proof of status under the provisions on free circulation for industrial products laid down in decision No 1/95 of the EC-Turkey Association Council 1, provided that: a) the proof of origin and the transport documents were issued no later than the day preceding the accession; and (b)) the proof of origin is submitted to the Customs authorities within four months from the date of accession.

If the goods have been declared for release for free circulation in Turkey or a new Member State before the date of accession in the framework of preferential trade agreements mentioned above, the proof of origin issued retrospectively under those agreements may also be accepted provided that it is submitted to the Customs authorities within four months from the date of accession.

10. For the purpose of verifying the proofs referred to in paragraph 9, the provisions concerning the definition of the concept of "originating products" and methods of administrative cooperation of the relevant preferential agreements. Requests for subsequent verification of those proofs shall be accepted by the competent customs authorities of the present Member States and the new Member States within three years after the issue of the proof of origin concerned and may be made by those authorities in a period of three years after acceptance of the proof of origin in support of a declaration of free circulation.
1 decision No 1/95 of the EC-Turkey Association Council of 22.12.1995, on implementing the final phase of the Customs Union (OJ L 35 of 13.2.1996, p. 1). Decision as last amended by decision No 2/99 of the EC-Turkey Association Council (OJ L 72 of 18.3.1999, p. 36). 11. Without prejudice to the application of any measure deriving from the common commercial policy, the A.TR movement certificates issued under the provisions on free circulation for industrial products laid down in decision No 1/95 of the EC-Turkey Association Council, shall be accepted in the new Member States for the release for free circulation of goods which, at the date of accession , are being transported after completion of the export formalities within the community or in Turkey, or are in temporary storage or under one of the customs procedures referred to in paragraph 1 (b)) h 16) article 4 of Regulation (EEC) No 2913/92 number in Turkey or in that new Member State, provided that: a) is presented to the goods concerned none of the proof of origin referred to in paragraph 9; and (b)) the goods meet the conditions for the implementation of the provisions on free circulation for industrial products; and (c)) the transport documents were issued no later than the day preceding the accession; and


d) the A.TR movement certificate is submitted to the Customs authorities within four months from the date of accession.

12. For the purposes of verifying the A.TR movement certificates referred to in paragraph 11, the provisions concerning the issue of A.TR movement certificates and methods of administrative cooperation under decision No 1/2001 of the EC Customs co-operation Committee/Turkey 1.

CUSTOMS PROCEDURES 1 decision No 1/2001 of the EC Customs co-operation Committee-Turkey, of 28 March 2001 amending Decision No 1/96 introducing detailed rules for the application of decision No 1/95 of the EC-Turkey Association Council (OJ L 98, 7.4.2001 of p. 31). Decision as last amended by decision No 1/2003 of the Committee EC-Turkey customs cooperation (OJ L 28 of 4.2.2003, p. 51). 13. The temporary storage and customs procedures referred to in paragraph 1 (b)) h 16) article 4 of Regulation (EEC) No 2913/92 number which have commenced before accession will end or will be established in accordance with the conditions laid down in Community legislation.

In cases where the end or discharge of the procedure result in the incurrence of a customs debt, the amount of import duties to be paid shall be the which was in force at the time of incurrence of a customs debt in accordance with the Common Customs tariff and the amount paid shall be considered as an own resource of the community.

14. The provisions governing the customs warehousing procedure laid down in articles 84 to 90 and articles 98 to 113 of Regulation (EEC) No 2913/92 and number of articles 496.º to 535.º of Regulation (EEC) No 2454/93 number are applicable to the new Member States subject to the following:-When the amount of a customs debt is determined on the basis of the nature of the imported goods , the value for customs purposes and the quantity of the imported goods at the time of acceptance of the Declaration of placing of these goods under the customs warehousing procedure, and when that Declaration was accepted prior to the date of accession, these elements shall result from the legislation applicable in the new Member State concerned before the date of accession.

15. The provisions on the inward processing arrangements laid down in articles 84 to 90 and 114 to 129 articles of Regulation (EEC) No 2913/92 and number of articles 496.º to 523.º and 536.º the articles 550.º of Regulation (EEC) No 2454/93 number are applicable to the new Member States subject to the following:-When the amount of a customs debt is determined on the basis of the nature of the imported goods , in your tariff classification, the quantity, the value for customs purposes and the origin of the imported goods at the time they were subject to such rules, and when the Declaration of placing of these goods under has been accepted prior to the date of accession, these elements shall result from the legislation applicable in the new Member State concerned before the date of accession;

-When the discharge of the procedure has the effect of the incurrence of a customs debt, in order to maintain the equity between the holders of authorisations established in the present Member States and marketing authorisation holders established in the new Member States, compensatory interest shall be paid from the date of accession on the import duties due under the conditions laid down in Community legislation; – If the Declaration of entry for the inward processing was accepted under a drawback system, the drawback shall be made, under the conditions laid down in Community legislation, by the new Member State are established, prior to the date of accession, the customs debt in respect of which the drawback is requested, and the expense of that State.

16. The provisions on temporary importation laid down in articles 84 to 90 and 137 to 144 articles of Regulation (EEC) No 2913/92 and number of articles 496.º to 523.º and 553.º the articles 584.º of Regulation (EEC) No 2454/93 number are applicable to the new Member States subject to the following:-When the amount of a customs debt is determined on the basis of the nature of the imported goods , in your tariff classification, the quantity, the value for customs purposes and the origin of the imported goods at the time they were subject to such rules, and when the Declaration of placing of these goods under has been accepted prior to the date of accession, these elements shall result from the legislation applicable in the new Member State concerned before the date of accession;

-When the discharge of the procedure has the effect of the incurrence of a customs debt, in order to maintain the equity between the holders of authorisations established in the present Member States and marketing authorisation holders established in the new Member States, compensatory interest shall be paid from the date of accession on the import duties due under the conditions laid down in Community legislation. 17. The provisions relating to the outward processing laid down in articles 84 to 90 and 145 to 160 articles of Regulation (EEC) No 2913/92 and number of articles 496.º to 523.º and 585.º the articles 592.º of Regulation (EEC) No 2454/93 number are applicable to the new Member States subject to the following: – the second paragraph of Article 591.º of Regulation (EEC) No 2454/93, paragraph shall apply mutatis mutandis to temporary export goods which have been exported temporarily before the date of accession from the new Member States.

OTHER PROVISIONS 18. Authorisations which have been granted before the date of accession for the benefit of the customs procedures referred to in points (a) to (d)), and) and g) of point 16 article 4 of Regulation (EEC) No 2913/92 number are valid until the end of your date or up to one year after the date of accession, whichever occurs first.

19. The provisions concerning the incurrence of a customs debt, entry in the accounts and post-clearance recovery laid down in articles 201 to 232 of Regulation (EEC) No 2913/92 and number of articles 859.º the 876-Regulation (EEC) No 2454/93 number are applicable to the new Member States subject to the following: – the collection is carried out under the conditions laid down in Community legislation. However, in cases where a customs debt has been incurred prior to the date of accession, recovery shall be effected under the conditions in force in the new Member State concerned before accession, by himself and to your favor.


20. The provisions applicable to repayment and remission of the rights contained in articles 235 to 242 of Regulation (EEC) No 2913/92 and number of articles 877.º to 912.º of Regulation (EEC) No 2454/93 number are applicable to the new Member States subject to the following: – repayment and remission of duties shall be carried out under the conditions laid down in Community legislation. However, in cases where the duties whose repayment or remission is requested relate to a customs debt incurred before the date of accession, the repayment and remission of duties shall be carried out under the conditions in force in the new Member State concerned before accession, by himself and at his own expense.

Appendix to annex V list of existing aid measures referred to in point (b)) 1 point of the existing aid mechanism provided for in Chapter 2 of annex V Note: the aid measures listed in this appendix shall be deemed to be existing aid for the purposes of the existing aid mechanism provided for in Chapter 2 of annex V to the extent that they are in fact covered by the scope of your 1 point.

No Title (original) date of approval by the national authority of State aid control In no Year 1 2004 на задълженията към Предоговаряне BG държавата възникнали по реда на Закона, за уреждане на кредити, до договорени необслужваните 31.12.1990 г. "" Силома АД, със гр., чрез удължаване на срока Силистра на изплащане на главницата от години за срок 15 29.7.2004 2004-2018 BG за Средства компенсиране от 2 2004 бюджет от доказания на държавния "пощи" ЕАД дефицит Български изпълнението от универсалната на пощенска услуга 31.12.2010 3 2004 BG Целево 18.11.2004 финансиране на дейността на Българската телеграфна агенция-направление "обслужване Информационно" 16.12.2003 31.12.2010 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ANNEX VI list referred to in article 20 of the Protocol: transitional measures-Bulgaria 1. FREEDOM OF MOVEMENT for PERSONS Treaty establishing a Constitution for Europe 31968 R 1612: Council Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ L 257 of 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 of 30.4.2004, p. 77) 31996 L 0071: Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18 of 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 free movement and residence of Union citizens and their family members in the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC , 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158 of 30.4.2004, p. 77).

1. Article III-133 and the first paragraph of article III-144 of the Constitution are fully applicable to freedom of movement for workers and freedom to provide services involving temporary movement of workers as defined in article 1 of Directive 96/71/EC between Bulgaria, on the one hand, and each of the present Member States, on the other hand , subject to the transitional provisions laid down in paragraphs 2 to 14.

2. By way of derogation from articles 1 to 6 of Regulation (EEC) No 1612/68 and until the end of the period of two years from the date of accession, the present Member States shall apply national measures or measures resulting from bilateral agreements, regulating the access of Bulgarian nationals to the labour markets. The present Member States may continue to apply these measures until the end of the period of five years from the date of accession.

Bulgarian nationals who, at the date of accession, to work legally in a Member State and have been admitted to the labour market of that Member State for a continuous period of not less than 12 months must enjoy the right of access to the labour market of that Member State but not in another Member State applying national measures.

Bulgarian nationals, after accession, are admitted to the labour market of a present Member State for a continuous period of not less than 12 months, must enjoy the same rights.

Bulgarian nationals mentioned in the second and third subparagraphs above shall cease to enjoy the rights referred to in those paragraphs if you voluntarily leave the labour market of the Member State in question.

Bulgarian nationals legally working in a present Member State at the date of accession, or during a period of national measures, and have been admitted to the labour market of that Member State for a period of less than 12 months do not enjoy these rights.

3. Before the expiry of the period of two years from the date of accession, the Council shall review the functioning of the transitional measures provided for in paragraph 2, on the basis of a Commission report.

Complete this review, and no later than the expiry of the period of two years from the date of accession, the present Member States shall notify the Commission whether they will continue applying national measures or measures resulting from bilateral agreements, or if, thereafter, they will apply articles 1 to 6 of Regulation (EEC) No 1612/68. In the absence of such notification, articles 1 to 6 of Regulation (EEC) No 1612/68.

4. at the request of Bulgaria, one further review may be held. The procedure laid down in paragraph 3, which should be completed within six months of receipt of the application.

5. A Member State to maintain national measures or measures resulting from bilateral agreements at the end of the five year period indicated in paragraph 2 may, in case of disturbances or threat of serious disturbances of the labour market or your threats of these disturbances, and after notifying the Commission, continue to apply these measures until the end of the period of seven years from the date of accession. In the absence of such notification, articles 1 to 6 of Regulation (EEC) No 1612/68.


6. During the period of seven years from the date of accession, those Member States in which, by virtue of paragraph 3, 4 or 5, Bulgarian nationals apply articles 1 to 6 of Regulation (EEC) No 1612/68, and granting Bulgarian nationals work permits for monitoring purposes during this period, will do so automatically.

7. Member States in which, by virtue of paragraphs 3, 4 or 5, Bulgarian nationals apply articles 1 to 6 of Regulation (EEC) No 1612/68, may resort to the procedures set out in the following paragraphs to the end of the period of seven years from the date of accession.

When a Member State referred to in the first subparagraph shall suffer or providing for your labour market disturbances that may threaten the standard of living or level of employment in a given region or occupation, shall inform the Commission and the other Member States, supplying them with all relevant information. Based on this information, the Member State may request the Commission to declare the total or partial suspension of the application of articles 1 to 6 of Regulation (EEC) No 1612/68, in order that the situation return to normal in that region or occupation. The Commission shall decide on the suspension and the duration and scope thereof, no later than two weeks from the receipt of such a request and shall notify the Council of this decision. Any Member State may, within two weeks after the decision of the Commission, request the Council to annul or amend the decision. The Council shall act on such a request, by a qualified majority, within two weeks.

Any of the Member States referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of articles 1 to 6 of Regulation (EEC) No 1612/68, and shall submit a notification to the Commission subsequently justified ex-post.

8. While the application of articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by virtue of paragraphs 2 to 5 and 7 above, article 23 of Directive 2004/38/EC shall apply in Bulgaria in relation to nationals of the present Member States and in the present Member States with regard to Bulgarian nationals under the following conditions, as regards the right of family members of workers to undertake an activity :-the spouse of a worker and their descendants who are under 21 years of age or your position, which to him are legally resident in the territory of a Member State at the date of accession, have, from that date, immediate access to the labour market of that Member State. This provision does not apply to family members of a worker who has been legally admitted to the labour market of that Member State for a period of less than 12 months;

– the spouse of a worker and their descendants who are under 21 years of age or your position, which to him are legally resident in the territory of a Member State from a date later than the accession, but during the period of application of the transitional provisions laid down above, have access to the labour market of the Member State concerned as soon as we have eighteen months of residence in that Member State , or from the third year following the date of accession, whichever the earlier.

These provisions are without prejudice to more favourable measures whether national or resulting from bilateral agreements.

9. In so far as certain provisions of Directive 2004/38CE, which replace provisions of Directive 68/360/EEC 1, cannot be dissociated from those of Regulation (EEC) No 1612/68 whose application is deferred pursuant to paragraphs 2 to 5 and 7 and 8, Bulgaria and the present Member States may provide for derogations from these provisions to the extent necessary for the application of paragraphs 2 to 5 and 7 and 8.

10. where, by virtue of the transitional provisions laid down above, the present Member States applying national measures or measures resulting from bilateral agreements, Bulgaria may maintain in force equivalent measures with regard to nationals of the Member State or States concerned.

11. If the application of articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by any of the present Member States, Bulgaria may resort to the procedure set out in paragraph 7:00 pm against Romania. During this period, Bulgaria should automatically issue work permits for monitoring purposes to nationals of Romania.

12. Any present Member State applying national measures in accordance with paragraphs 2 to 5 and 7 to 9 may introduce, under national law, freedom of movement of workers higher than the existing at the date of accession, including full labour market access. From the third year from the date of accession, any present Member State applying national measures 1 Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence of workers of Member States and their families in the Community (OJ L 257 of 19.10.1968, p. 13). Directive as last amended by the 2003 Act of accession (OJ L 236 of 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 258 of 30.4.2004, p. 77). may at any time decide to apply articles 1 to 6 of Regulation (EEC) No 1612/68 instead. The Commission shall be informed of this decision.

13. In order to deal with disturbances or the threat of serious disturbances in certain sensitive services sectors of their labour markets, which could arise in certain regions, as a result of the transnational provision of services defined in article 1 of Directive 96/71/EC, and as apply, by virtue of the transitional provisions laid down above, national measures or measures resulting from bilateral agreements on the free movement of Bulgarian workers , Germany and Austria may, after notifying the Commission, derogate from the first paragraph of article III-144 of the Constitution in order to, in the context of the provision of services by undertakings established in Bulgaria, limit the temporary movement of workers whose right to exercise an activity in Germany and in Austria is subject to national measures.

The list of service sectors which may be covered by this derogation is as follows:-in Germany: NACE Code Sector

*, unless otherwise specified construction, including related activities 45.1 to 4; Activities listed in the annex to Directive 96/71/EC industrial cleaning 74.70 activities Activities industrial cleaning other services 74.87 Exclusively interior design – activities in Austria: NACE Code Sector *, unless otherwise stated-related service activities 01.41 horticulture sawdust, cutting and finishing of stone 26.7 manufacture of metal construction structures 28.11 construction, including related activities 45.1 to 4; Activities listed in the annex to Directive 96/71/EC Security Activities 74.60 industrial cleaning 74.70 activities home care nursing 85.14 social work and activities without accommodation 85.32 to the extent that Germany or Austria providing for derogations from the first subparagraph of article III-144 of the Constitution, in accordance with the preceding subparagraphs, Bulgaria may, after notifying the Commission to adopt equivalent measures.

The application of this paragraph may not result in conditions for the temporary movement of workers in the context of the transnational provision of services between Germany or Austria and Bulgaria more restrictive than those in force on the date of signature of the accession treaty.

14. The application of paragraphs 2 to 5 and 7 to 12 can not result in conditions for access of Bulgarian nationals to the labour markets of the present Member States more restrictive than those in force on the date of signature of the accession treaty.

Notwithstanding the application of paragraphs 1 to 13, the present Member States must, during the period when applying national measures or measures resulting from agreements * NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293 of 24.10.1990, p. 1). Regulation as last amended by 32003 R 0029: Commission Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284 of 31.10.2003, p. 1).

bilateral, give preference to workers who are nationals of the Member States over workers who are nationals of third countries as regards access to your market.

Bulgarian migrant workers and their families legally resident and working in another Member State or migrant workers from other Member States and their families legally resident and working in Bulgaria shall not be treated in a more restrictive way than those of third countries resident and working in that Member State or Bulgaria respectively. Furthermore, in application of the principle of Community preference, migrant workers from third countries resident and working in Bulgaria shall not be treated more favourably than nationals of Bulgaria.

2. FREEDOM to PROVIDE SERVICES 31997 L 0009: Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes (OJ L 84 of 26.3.1997, p. 22).

By way of derogation from paragraph 1 of article 4 of Directive 97/9/EC, the minimum level of compensation shall not apply in Bulgaria until 31 December 2009. The Bulgaria should ensure that your investor-compensation scheme shall cover not less than EUR 12 000 between 1 January 2007 and 31 December 2007 and of not less than EUR 15 000 between 1 January 2008 and 31 December 2009.

During this transitional period the other Member States have the right to prevent a branch of a Bulgarian investment firm established on their territories exercise your activity, unless-and even – that this branch adhere to a system of officially recognised investor-compensation scheme within the territory of that Member State to cover the difference between the level of compensation to Bulgarian and the minimum level referred to in paragraph 1 of article 4 of Directive 97/9/EC.

3. FREE MOVEMENT of CAPITAL Treaty establishing a Constitution for Europe 1. Notwithstanding the obligations resulting from the Treaty establishing a Constitution for Europe, Bulgaria may maintain in force for five years from the date of accession the restrictions currently in force in your legislation at the date of signature of the Treaty of accession, on the acquisition of property rights in land for secondary residences by nationals of the Member States or of States parties to the agreement on the European economic area (EEA Agreement) non-resident in Bulgaria and by legal persons formed in accordance with the legislation of another Member State or of a State party to the agreement on the EEA.

Nationals of Member States and of States parties to the agreement on the EEA legally resident in Bulgaria shall not be subject to the provisions of the preceding subparagraph or to any rules and procedures other than those that apply to Bulgarian nationals.

2. Notwithstanding the obligations resulting from the Treaty establishing a Constitution for Europe, Bulgaria may maintain in force for seven years from the date of accession the restrictions currently in force in your legislation at the date of signature of the Treaty of accession, on the acquisition of agricultural land, forests and forestry land by nationals of other Member States, by nationals of the States parties to the agreement on the EEA and by legal persons formed in accordance with the legislation of another Member State or of a State party to the agreement on the EEA. With regard to the acquisition of agricultural land, forests and forestry land, nationals of Member States may not, under any circumstances, receive less favourable treatment than at the date of signature of the accession treaty or be treated in a more restrictive way than a national of a third country.

Farmers on their own nationals of another Member State who wish to establish themselves and reside legally in Bulgaria are not subject to the provisions of the preceding paragraph or to any procedures other than those that apply to Bulgarian nationals.

There shall be a general review of these transitional measures in the third year from the date of accession. To this end, the Commission shall submit a report to the Council. The Council, acting unanimously on a proposal from the Commission, may decide to shorten or terminate the transitional period indicated in the first subparagraph.

4. agriculture a. AGRICULTURAL LEGISLATION


31997 R 2597: Council Regulation (EC) No 2597/97 of 18 December 1997 laying down additional rules on the common organisation of the market in milk and milk products as regards drinking milk (OJ L 351 of 23.12.1997, p. 13), as last amended by 31999 R 1602: – : Commission Regulation (EC) no 1602/1999 of 19.7.1999 (OJ L 189 of 22.7.1999, p. 43).

By way of derogation from paragraph 1 (b)) and c) of paragraph 1 of article 3 of Regulation (EC) No 2597/97, the requirements relating to fat content shall not apply to drinking milk produced in Bulgaria until 30 April 2009, and thus the milk with a fat content of 3% (m/m) be marketed as whole milk , and milk with a fat content of 2% (m/m) be marketed as semi-skimmed milk. Drinking milk which does not comply with the requirements relating to fat content may be marketed only in Bulgaria or exported to third countries.

B. veterinary and phytosanitary LEGISLATION 32004 R 0853: Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139 of 30.4.2004, p. 55).

the) milk processing establishments listed in chapters I and II of the Appendix to this annex may until 31 December 2009 receive deliveries of raw milk which does not meet the requirements of annex III, section IX, chapter I, Subchapters II and III of Regulation (EC) No 853/2004, or that has not been handled in accordance with these requirements , since the farms from which these deliveries are mentioned on a list maintained for that purpose by the Bulgarian authorities.

b) While the establishments referred to in point (a)) the willing in that subparagraph, products from those establishments shall only be placed on the domestic market or used for new transformation in national establishments also covered by the provisions of subparagraph (a)), regardless of the date of marketing. These products must bear a different identification mark provided for in article 5 of Regulation (EC) No 853/2004.

c) the establishments listed in chapter II of the appendix to this annex may until 31 December 2009, turn milk as milk which does not comply with the requirements of EU on separate production lines. In this context, ' milk which does not comply with the requirements of EU milk referred to in point (a)). These establishments must fully respect EU requirements concerning establishments, namely the application of the principles of hazard analysis and control of critical points (HACCP) (referred to in article 5 of Regulation (EC) No 852/2004 1), and must demonstrate your ability to comply with the following conditions, in particular the designation of its relevant production lines: 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 of 30.4.2004, p. 1).  take all necessary measures to allow for the proper observance of the internal processes of separating milk from the collection phase until the finished product, including routes of milk collection, separate storage and treatment of milk as the milk and does not comply with EU requirements, a packaging and specific labelling of milk-based products not in conformity with such requirements , as well as separate storage of such products, to establish a procedure ensuring  the traceability of raw materials, including the necessary documentary evidence of movement of products, as well as the registration of products and the raw materials complying and not complying and the different categories of products, expose all raw milk  a heat treatment at a minimum temperature of 71.7° C for 15 seconds  and take all appropriate measures to ensure that identification marks are not used fraudulently.

The Bulgarian authorities shall:  ensure that the operator or Manager of each establishment concerned takes all necessary measures to allow for the proper observance of in-house procedures for the separation of milk;

 carry out tests and unannounced checks to verify compliance with the separation of the milk;  carry out tests, and in approved laboratories on all raw and finished products to verify your compliance with the requirements of annex III, section IX, Chapter II of Regulation (EC) No 853/2004, including the microbiological criteria for milk-based products. Milk and/or all milk-based products originating from separate production lines that transform raw milk which does not comply with the requirements of EU on milk processing establishments approved by the EU may be placed on the market subject to the conditions laid down in point (b)). Raw milk products as processed in a separate production line at one of the establishments listed in chapter II of the appendix to this annex can be marketed as compliant products as long as they are maintained all conditions regarding separation of the production lines.

d) milk and milk-based products produced in accordance with subparagraph (c)) shall be eligible for support under Title I, chapters II and III (with the exception of article 11) and title II of Regulation (EC) No 1255/1999 of the Council 1 if bear the oval identification mark referred to in section I of annex II to Regulation (EC) No 853/2004.

e) Bulgaria shall ensure gradual compliance with the requirements referred to in point (a)) and submit to the Commission annual reports on the progress made in upgrading dairy farms and the milk collection system. The Bulgaria must ensure full compliance with these requirements until 31 December 2009.

f) the Commission may, pursuant to article 58 of Regulation (EC) No 178/2002 2, update the appendix to this annex before accession and until 31 December 2009 and in this context add or delete certain establishments, in the light of the progress made in the correction of existing shortcomings and the outcome of the monitoring process.
1 Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (OJ L 160 of 26.6.1999, p. 48). Regulation as last amended by Regulation (EC) No 186/2004 (OJ L 29 of 3.2.2004, p. 6).
2

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the General principles and requirements of food law, establishing the European food safety authority and laying down procedures in matters of food safety (OJ L 31 of 1.2.2004, p. 1). Regulation as last amended by Regulation (EC) no 1642/2003 (OJ L 245 of 29.9.2003, p. 4). The necessary implementing rules to ensure the smooth operation of the above transitional regime may be adopted in accordance with paragraph 2 of 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 transport carriage of goods by road in a Member State (OJ L 279 of 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 of 19.3.2002, p. 1).

the) 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 are not allowed to carry out national transport carriage of goods by road in other Member States, and carriers established in the other Member States are not permitted to carry out national road transport of goods in Bulgaria.

b) before the end of the third year following the date of accession, Member States shall notify the Commission whether they will prolong this period for a maximum of two years or if, thereafter, they will fully apply article 1 of the regulation. In the absence of such communication shall apply article 1 of the regulation. Only carriers established in those Member States where applicable article 1 of the regulation may perform national road transport of goods in other Member States it is also applicable to article 1 of the regulation.

c) Member States in which, by virtue of the provisions of subparagraph (b)), is article 1 of the regulation applies may resort to the procedure established by the end of the fifth year following the date of accession.

Whenever one of the Member States referred to in the previous paragraph to register serious disturbance of the national market, or parts of it, due to the activity of cabotage or aggravated, for example a significant surplus of supply over demand or a threat to the financial stability or survival of a large number of road haulage companies , that Member State shall inform the Commission and the other Member States and provide them with all relevant information. Based on this information, the Member State may request the Commission to suspend, in whole or in part, from the application of article 1 of the regulation, so that the situation return to normal.

The Commission shall examine the situation on the basis of data provided by the Member State concerned and shall decide within one month of receipt of the request, whether to adopt safeguard measures. The procedure laid down in the second, third and fourth subparagraphs of paragraph 3, as well as the provisions laid down in paragraphs 4, 5 and 6 of article 7 of the regulation.

Any of the Member States referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of article 1 of the regulation, and shall submit to the Commission following a reasoned ex-post notification.

d) While article 1 of the regulation does not apply pursuant to subparagraphs (a)) and b), Member States may regulate access to their national road transport of goods by means of the exchange of progressive cabotage authorisations on the basis of bilateral agreements, including introducing the full liberalisation.

and) application of paragraph 1 (a)), b) and (c)) cannot cause an access to national road transport of goods more restrictive than that in force at the date of signature of the accession treaty.

2.31996 L 0026: Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator, as well as the mutual recognition of diplomas, certificates and other evidence of formal qualifications, in order to facilitate the effective exercise of freedom of establishment of these transporters in national and international transport (OJ L 124 of 23.5.1996 , p. 1), as last amended by: – 32004 L 0066: Council Directive 2004/66/EC (OJ L 168 of 1.5.2004, p. 35).

Until December 31, 2010) (c) of paragraph 3 of article 3 of Directive 96/26/EC shall not apply in Bulgaria to transport undertakings engaged exclusively in national transport operations by road of goods and passengers.

The capital and reserves of those undertakings shall gradually reach the minimum rates laid down in that provision, in accordance with the following timetable: – until 1 January 2007, the company must have a capital and reserves whose value is at least equal to EUR 5850 in the case of a single vehicle used and EUR 3250 for each additional vehicle;

-until 1 January 2008, the company must have a capital and reserves whose value is at least equal to EUR 6750 in the case of a single vehicle used and EUR 3750 for each additional vehicle;

-until 1 January 2009, the undertaking must have available capital and reserves whose value is at least equal to EUR 7650 in the case of a single vehicle used and EUR 4250 for each additional vehicle;

-until 1 January 2010, the company must have a capital and reserves whose value is at least equal to EUR 8550 in the case of a single vehicle used and EUR 4750 for each additional vehicle.

3.31996 L 0053: Council Directive 96/53/EC of 25 July 1996 laying down the maximum authorized dimensions in national and international traffic and the maximum authorised weights in international traffic for certain road vehicles circulating within the Community (OJ L 235 of 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 of 9.3.2002, p. 47).


By way of derogation from paragraph 1 of article 3 of Directive 96/53/EC, vehicles complying with the limit values of categories 3.2.1, 3.4.1, 3.4.2.. and 3.5.1. specified in annex I to that directive may only use non-upgraded parts of the Bulgarian road network until 31 December 2013 if they comply with the limits of maximum axle load Bulgarians.

From the date of accession, no restrictions may be imposed on the use of vehicles which comply with the requirements of Directive 96/53/EC in the main transit routes set out in annex I of 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 1.

The Bulgaria will fulfill the timetable contained in frames forward to modernize your main road network. All infrastructure investments involving the use of funds from the Community budget shall ensure that the arteries are constructed or upgraded in order to be able to withstand a load of 11.5 tonnes per axle.

Together with the completion of the upgrading, there shall be a progressive opening of the Bulgarian road network, including the network contained in annex I to decision 1692/96 no/EC, for vehicles in international traffic complying with the limit values set out in the directive. For the purposes of loading and unloading, where technically possible, is permitted to use non-upgraded parts of the secondary road network throughout the transitional period.
1 OJ L 228 of 9.9.1996, p. 1. Decision as last amended by decision 884/2004 No./EC (OJ L 167 of 30.4.2004, p. 1). From the date of accession, all vehicles in international traffic fitted with air-suspension and complying with the limit values set out in Directive 96/53/EC shall not be subject to any temporary additional charges for using the entire Bulgarian road network.

Will be charged, in a non-discriminatory way, temporary additional fees laid down for using non-upgraded parts of the road network for vehicles in international traffic not fitted with air-suspension and complying with the limit values set out in the directive. The regime of fees should be transparent, and payment of fees must not lead to administrative burdens or excessive delays for the user nor a systematic control of axle load limits at the border.

The application of load limits on the shaft should be assured in a non-discriminatory manner throughout the territory and be effective also as regards vehicles registered in Bulgaria.

Programme for the modernisation of the road network (km) table 1 N ROAD SECTION OPENING to TRAFFIC/KM MEASURE LENGTH 1 2 3 4 5 6 1 I-5/E-85/GABROVO-SHIPKA 18 2014 NEW CONSTRUCTION 2 I-5/E-85/KARDJALI-PODKOVA (MAKAZA) SUBTOTAL 18 2008 NEW CONSTRUCTION 36 3 I-6 SOFIA-PIRDOP 56 2009 I-4 7 RECOVERY SILISTRA-SHUMEN 88 2011 5 I-7 RECOVERY PRESLAV-E-773 48 2010 136 6 І-9 SUBTOTAL RECONSTRUCTION/E87/ROMANIAN BORDER-BALCHIK 60 2009 7 RECOVERY II-VIDIN-12 Serbia and MONTENEGRO BORDER 26 2008 8 RECONSTRUCTION II-14 VIDIN-KULA-Serbia and MONTENEGRO BORDER 42 2009 9 RECONSTRUCTION II-18 EXTERNAL RING ROAD of SOFIA-NORTHERN ARC 24 2014 NEW CONSTRUCTION 10 II-19 SIMITLI-GOTSE DELCHEV-GREEK BORDER 91 2008 11 RECOVERY II-29 DOBRICH-VARNA 21 2010 12 II RECOVERY-35 LOVECH-KARNARE 28 2011 13 RECONSTRUCTION II-53 SLIVEN-YAMBOL 25 2010 14 II-55 RECOVERY GURKOVO-NOVA ZAGORA 26 2010 15 II-55 RECOVERY NOVA ZAGORA-SVILENGRAD 81 2012 SUBTOTAL RECOVERY 107 16 II-57 STARA ZAGORA-RADNEVO 42 2010 17 RECOVERY II-62 KYUSTENDIL-DUPNITSA 26 2011 18 RECONSTRUCTION II-63 PERNIK-Serbia and MONTENEGRO BORDER 20 2010 19 RECONSTRUCTION II-73 SHUMEN-KARNOBAT 44 2012 20 RECONSTRUCTION II-73 SHUMEN-KARNOBAT 119 2011 SUBTOTAL 63 21 RECONSTRUCTION II-78 RADNEVO-STRALDJA 40 2013 22 RECOVERY II-86 ASENOVGRAD-SMOLYAN 72 2014 23 RECONSTRUCTION II-98 BURGAS-MALKO TARNOVO 64 2014 24 RECONSTRUCTION III-197 GOTSE DELCHEV-SMOLYAN 87 2013 25 RECONSTRUCTION III-198 GOTSE DELCHEV-BORDER of the FORMER YUGOSLAV REPUBLIC of MACEDONIA 95 2013 REBUILDING 26 III-534 ELENA-NOVA ZAGORA 52 2012 27 RECONSTRUCTION III-534 NOVA ZAGORA-SIMEONOVGRAD RECONSTRUCTION SUBTOTAL 105 28 53 2014 III-601 KYUSTENDIL-BORDER of the FORMER YUGOSLAV REPUBLIC of MACEDONIA 27 2011 NEW BUILD 29 III-622 KYUSTENDIL-BORDER of the FORMER YUGOSLAV REPUBLIC of MACEDONIA 31 2013 NEW CONSTRUCTION 30 III-865 SMOLYAN-MADAN 15 2011 31 RECONSTRUCTION III-867 SMOLYAN-KARDJALI RECONSTRUCTION 32 69 2014 III-868 VARIANT SMOLYAN 40 2012 NEW CONSTRUCTION IV-33 410068 SIMITLI-FORMER YUGOSLAV REPUBLIC BORDER Of MACEDONIA 28 2009 NEW CONSTRUCTION NEW CONSTRUCTION 4 2014 34 PLOVDIV VARIANT A1 HIGHWAY "TRAKIA"-STARA ZAGORA-KARNOBAT 35 2 33 2010 BATCH NEW CONSTRUCTION NEW CONSTRUCTION 3 37 2011 BATCH 36 37 LOT 4 48 2014 NEW CONSTRUCTION SUB-TOTAL TOTAL 2 6 118 1598 Framework. 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 of 1.5.2004, p. 35).

For the purposes of point (b)) of paragraph 3 of article 28 of Directive 77/388/EEC, Bulgaria may continue to exempt from value added tax on international transport of passengers, referred to in point 17 of Annex F to the directive, to be filled in the condition provided for in paragraph 4 of article 28 of the directive or as long as the same exemption is applied by any of the present Member States , whichever is the earlier.

2.31992 L 0079: Council Directive 92/79/EEC of 19 October 1992 on the approximation of taxes on cigarettes (OJ L 316 of 31.10.1992, p. 8), as last amended by: – 32003 L 0117: Council Directive 2003/117/EC of 5.12.2003 (OJ L 333 of 20.12.2003, p. 49).


By way of derogation from paragraph 1 of article 2 of Directive 92/79/EEC, Bulgaria may postpone until 31 December 2009 the application of the minimum excise duty RECOVERY MEASURE 91 116 114 88 81 40 0 2008 2009 2010 2011 2012 2013 2014 26 42 68 88 96 182 258 RECONSTRUCTION NEW CONSTRUCTION 18 28 33 64 40 31 94 135 186 215 240 217 253 352 1598 km global that focuses on the price of sale to the public (including all taxes) for cigarettes of the price class more sold, provided that during this period, the gradual adjustment of its excise rates the overall minimum excise duty provided for in the directive.

Without prejudice to article 8 of Directive 92/12/EEC of 25 February 1992 on the General arrangements, holding, movement and monitoring of products subject to excise duty 1, and after informed the Commission, Member States may, as long as the above derogation applies, maintain the same quantitative limits applied to imports from third countries for cigarettes which may be brought into their territories from Bulgaria without payment of excise duty. Member States which opt for this possibility may carry out the necessary checks provided that these do not affect the proper functioning of the internal market.

3.32003 L 0049: Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (OJ L 157 of 26.6.2003, p. 49), as last amended by: – 32004 L 0076: Council Directive 2004/76/EC , of 29.4.2004 (OJ L 157 of 30.4.2004, p. 106).

The Bulgaria is authorized not to apply the provisions of article 1 of Directive 2003/49/EC until 31 December 2014. During this transitional period, the tax rate applicable to the payment of interest and royalties to an associated company of another Member State or to a permanent establishment situated in another Member State of an associated company of a Member State may not exceed 10% until 31 December 2010 and 5% in 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 1 OJ L 76 of 23.3.1992, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122 of 16.5.2003, p. 36). electricity (OJ L 283 of 31.10.2003, p. 51), as last amended by: – 32004 L 0075: Council Directive 2004/75/EC of 29.4.2004 (OJ L 157 of 30.4.2004, p. 100).

the) by way of derogation from article 7 of Directive 2003/96/EC, Bulgaria may apply the following transitional periods: – until 1 January 2011 to adjust the national level of taxation on unleaded petrol used as fuel the minimum level of EUR 359 per 1000 litres. The effective tax rate applied to unleaded petrol used as fuel shall not be less than EUR 323 per 1000 litres from 1 January 2008, – until 1 January 2010 to adjust the national level of taxation on gas oil and kerosene used as fuel the minimum level of EUR 302 per 1000 litres until 1 January 2013 to reach the minimum level of EUR 330 per 1 000 liters. The effective tax rate applicable to gas oil and kerosene used as fuels shall not be less than EUR 274 per 1000 litres 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 adjust its national level of taxation on coal and coke used for district heating purposes to the minimum levels of taxation laid down in annex I, table C, – until 1 January 2009 to adjust its national level of taxation on coal and coke used for other purposes to the minimum levels of taxation set out in annex I, Table c.

The actual tax rates applicable to energy products must not be less than 50% of the relevant Community minimum rate as from 1 January 2007.

c) by way of derogation from article 10 of Directive 2003/96/EC, Bulgaria may apply a transitional period until 1 January 2010 to adjust the national levels of taxation of electricity to the minimum levels of taxation laid down in annex I, Table c. The effective tax rates applied to electricity must not be less than 50% of the relevant Community minimum 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 concerning the manufacture, presentation and sale of tobacco products (OJ L 194 of 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 within the territory of Bulgaria shall be 1 January 2011. During the transitional period: – cigarettes manufactured in Bulgaria with a tar content of greater than 10 mg per cigarette shall not be marketed in the other Member States;

-Cigarettes manufactured in Bulgaria with a tar content of greater than 13 mg per cigarette shall not be exported to third countries; These limits shall be reduced to 12 mg from 1 January 2008 and to 11 mg from 1 January 2010;

– Bulgaria shall provide the Commission regularly updated information on the timetable and the measures taken to ensure compliance with the directive.

31968 L 0414 energy 8: Council Directive 68/414/EEC of 20 December 1968, imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products (OJ L 308 of 23.12.1968, p. 14), as last amended by 31998 L 0093: Council Directive 98/93/EC , of 14.12.1998 (OJ L 358 of 31.12.1998, p. 100).

By way of derogation from paragraph 1 of article 1 of Directive 68/414/EEC, the minimum level of stocks of petroleum products shall not apply in Bulgaria until 31 December 2012. The Bulgaria should ensure that your minimum stocks of petroleum products corresponds, for each of the categories of petroleum products listed in article 2, to at least average daily internal consumption as defined in paragraph 1 of article 1, the following number of days:


-30 days until 1 January 2007; -40 days until 31 December 2007; -50 days until 31 December 2008; -60 days until 31 December 2009; -70 days until 31 December 2010; -80 days until 31 December 2011; -90 days until 31 December 2012.

9. INFORMATION TECHNOLOGY and telecommunications 32002 L 0022: Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users ' rights relating to electronic communications networks and services (universal service directive) (OJ L 108 of 24.4.2002, p. 51).

By way of derogation from paragraph 1 of article 30 of Directive 2002/22/EC, Bulgaria may postpone the introduction of number portability until 1 January 2009.

10. The ENVIRONMENT. AIR QUALITY 1. 31994 L 0063: Council 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 your distribution from terminals to service stations (OJ L 365 of 31.12.1994, p. 24), as amended by: – 32003 R 1882 : Commission Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284 of 31.10.2003, p. 1).

the) by way of derogation from article 3 and annex I of Directive 94/63/EC, the requirements for existing storage installations at terminals shall not apply in Bulgaria: – until 31 December 2007, the storage facilities at 6 terminals with a throughput loaded greater than 25000 tonnes/year but less than or equal to 50 000 tonnes/year;

– until 31 December 2009, 19 storage installations with a throughput loaded less than or equal to 25000 tonnes/year.

b) by way of derogation from article 4 and annex II of Directive 94/63/EC, the requirements for loading and unloading of existing mobile containers at terminals shall not apply in Bulgaria: – until 31 December 2007, the 12 terminals with a throughput greater than 25000 tonnes/year but less than or equal to 150 000 tonnes/year;

– until 31 December 2009, to 29 terminals with a throughput less than or equal to 25000 tonnes/year.

c) by way of derogation from article 5 and annex I of Directive 94/63/EC, the requirements for existing mobile containers at terminals shall not apply in Bulgaria: – until 31 December 2007, to 50 road tankers;

– until 31 December 2009, the more 466 road tankers.

d) by way of derogation from article 6 and annex III of Directive 94/63/EC, the requirements for the existing storage installations at service stations shall not apply in Bulgaria: – until 31 December 2007, the 355 service stations with a throughput greater than 500 m 3/ano, but less than or equal to 1000 m 3/ano;

– until 31 December 2009, to 653 service stations with a throughput less than or equal to 500 m 3/ano.

2.31999 L 0032: Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (OJ L 121 of 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 of 31.10.2003, p. 1).

the) by way of derogation from paragraph 1 of article 3 of Directive 1999/32/EC, the requirements for the sulphur content of heavy fuel oils shall not apply in Bulgaria until 31 December 2011 at the use site. During this transitional period the sulphur content shall not exceed 3.00% by mass.

b) by way of derogation from paragraph 1 of article 4 of Directive 1999/32/EC, the requirements for the sulphur content of gas oils shall not apply in Bulgaria until 31 December 2009 in local use. During this transitional period the sulphur content shall 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 within, into and out of the European Community (OJ L 30 of 6.2.1993, p. 1), as last amended by:-32001 R 2557: Commission Regulation (EC) no 2557/2001 of the Commission , of 28.12.2001 (OJ L 349 of 31.12.2001, p. 1), a) until 31 December 2014, all shipments to Bulgaria of waste for recovery listed in annex II to Regulation (EEC) No 259/93 shall be notified to the competent authorities and processed in accordance with articles 6, 7 and 8 of the regulation.

b) by way of derogation from paragraph 4 of article 7 of Regulation (EEC) No 259/93, the competent authorities of Bulgaria may, until 31 December 2009, to raise objections to shipments to Bulgaria for recovery of the following wastes, basing those objections pursuant to paragraph 3 of article 4 of the regulation. Such transfers are subject to article 10 of the regulation.

AA. METAL-BEARING WASTES AA 090 arsenic waste and Residues-AA 100 mercury waste and Residues-AA 130 liquors from the pickling of metals AB. WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, which may contain metals and ORGANIC MATERIALS AC. OTHER WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, which may contain metals and inorganic materials AC 040 – leaded gasoline sludges-AC 050 thermal Fluid (heat transfer)-AC 060 hydraulic fluids – AC 070 AC 080 – brake fluids Antifreeze fluids-AC 110 Phenols, phenol compounds including chlorophenol in the form of liquids or sludges-AC 120 Naphthalene specifically – AC 150 AC 160 Halons chlorofluorocarbons – – AC 190 waste mechanical destruction of cars (light fraction: pile fabrics, plastic waste, etc.)-AC 200 organic phosphorous compounds-AC 230 waste halogenated or unhalogenated non-aqueous distillation halogenated from organic 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 epichlorhydrin) – AC 260 pig manure; AD droppings. WASTES WHICH MAY CONTAIN ORGANIC OR INORGANIC MATERIALS


– AD 010 wastes from the production and preparation of pharmaceutical products wastes containing, consisting of or contaminated with one of the following:  AD 040-Inorganic cyanides, excepting precious metal-bearing residues in solid form containing traces of inorganic cyanides AD 050-organic Cyanides  – AD 060 oil/water mixtures, emulsions or hydrocarbons/water-AD 070 wastes from production , preparation and use of inks, dyes, pigments, paints, lacquers or varnishes – AD 150 naturally occurring organic material used as a filter medium (such as biofilters)-AD 160 municipal/household wastes that period may be extended until 31 December 2012, at the latest, in accordance with article 18 of Directive 75/442/EEC of 15 July 1975 on waste 1, as amended by Directive 91/156/EEC 2.

c) by way of derogation from paragraph 4 of article 7 of Regulation (EEC) No 259/93, the competent authorities of Bulgaria may, until 31 December 2009, to raise objections to shipments to Bulgaria of waste for recovery listed in annex IV to the regulation and shipments of waste for recovery not listed in the annexes of this regulation, basing those objections pursuant to paragraph 3 of article 4 of the regulation.

d) by way of derogation from paragraph 4 of article 7 of Regulation (EEC) No 259/93, the competent authorities of Bulgaria should raise objections to shipments of waste for recovery listed in annexes II, III and IV to the regulation and shipments of waste for recovery not 1 OJ L 194 of 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284 of 31.10.2003, p. 1).
2 OJ L 78 of 26.3.1991, p. 32. listed in those annexes for a facility benefiting from a temporary derogation in respect of certain provisions of Directive 96/61/EC of 24 September 1996 concerning 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 air from large combustion plants 2
during the period of application of the derogation to the facility of destination.

2.31994 L 0062: Council Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365 of 31.12.1994, p. 10), as 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 of 18.2.2004 , p. 26).

the) Notwithstanding subparagraph 3 (a)) of paragraph 1 of article 6 of Directive 94/62/EC, Bulgaria shall attain the overall rate for recovery or incineration at waste incineration plants with energy recovery until 31 December 2011 in accordance with the following intermediate targets: – 35% in weight up to 31 December 2006, 39% in 2007 , 42% in 2008, 46% for 2009 and 48% in 2010.

b) by way of derogation from point (b)) of paragraph 1 of article 6 of Directive 94/62/EC, Bulgaria shall attain the overall rate for recovery or incineration at waste incineration plants with energy recovery until 31 December 2014, in accordance with the following intermediate targets: – 50% by weight in 2011, 53% in 2012 and 56% in 2013.
1 OJ L 257 of 10.10.1996, p. 26. 2 OJ L 309 of 27.11.2001, p. 1. Directive as last amended by the 2003 Act of accession (OJ L 236 of 23.9.2003, p. 33). c) by way of derogation from point (c)) of paragraph 1 of article 6 of Directive 94/62/EC, Bulgaria shall attain the recycling target for plastics until 31 December 2009, in accordance with the following intermediate targets: – 8% by weight until 31 December 2006, 12% in 2007 and 14.5% in 2008.

d) by way of derogation from point (d)) of paragraph 1 of article 6 of Directive 94/62/EC, Bulgaria shall attain the overall recycling target until 31 December 2014, in accordance with the following intermediate targets: – 34% in weight up to 31 December 2006, 38% in 2007, 42% for 2008, 45% in 2009, 47% in 2010, 49% in 2011 , 52% in 2012 and 54.9% in 2013.

e) by way of derogation from point (e)) i) of paragraph 1 of article 6 of Directive 94/62/EC, Bulgaria shall attain the recycling target for glass up to 31 December 2013 in accordance with the following intermediate targets: – 26% in weight up to 31 December 2006, 33% in 2007, 40% for 2008, 46% in 2009, 51% in 2010 , 55% in 2011 and 59.6% in 2012.

f) by way of derogation from point (e)) iv) of paragraph 1 of article 6 of Directive 94/62/EC, Bulgaria shall attain the recycling target for plastics, counting exclusively material that is recycled in the form of plastics, until 31 December 2013, in accordance with the following intermediate targets: – 17% by weight in 2009, 19% in 2010 and 20 percent in 2011 and 22% in 2012.

3.31999 L 0031: Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182 of 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 of 31.10.2003, p. 1).

By way of derogation from article 6(1)(a)) and b) of paragraph 3 of article 5 and of the second indent of point 2 of annex I to Directive 1999/31/EC and without prejudice to subparagraph (c)) ii) of article 6 of Directive 75/442 and Directive/EEC of 15 July 1975 on waste 1, the requirements for liquid waste corrosive and oxidising, in preventing the infiltration of surface water in the waste deposited shall not apply to the following 14 existing facilities until 31 December 2014:1. "Polimeri" sludge pond, Varna, Devnya; 2. combined Basin of ash and sludge "Solvay Sodi", "Deven" and "Agropolichim", Varna, Devnya at the municipality of Varna; 3. * ashpond

"Varna", Varna, Beloslav; 4. "Sviloza" ashpond, Veliko Tarnovo, Svishtov; 5. ETCS in the basin "Zaharni zavodi" ash, Veliko Tarnovo, Gorna Oryahovitsa; 6. Bowl of ashes "Vidachim v likvidatsya", Vidin, Vidin; 7. Bowl of ashes "Toplofikatsia-Ruse" CTE "Ruse-East", Ruse, Ruse; 8. "Republika", "COF-Pernik" and "Kremikovtsi-Rudodobiv", Pernik, Pernik; 9. "Toplofikatsia Pernik ashpond" and "Solidus"-Pernik, Pernik, Pernik; 10. Bowl of ashes TPP "Bobov dol", Kyustendil, Bobov dol; 11. "Brikel" ashpond, Stara Zagora, Galabovo; 12. "Toplofikatsia Sliven" ash, Sliven, Sliven; 13. TPP "Maritsa 3", Haskovo, Dimitrovgrad; 14. TPP "Maritsa 3", Haskovo, Dimitrovgrad.

The Bulgaria shall ensure a gradual reduction of waste deposited in these 14 existing non-compliant facilities in accordance with the following annual maximum quantities:  until 31 December 2006:3 020 000 tonnes;
1 OJ L 194 of 25.7.1975, p. 39. Directive as amended by Directive 91/156/EEC, and as last amended by Regulation (EC) No 1882/2003 (OJ L 284 of 31.10.2003, p. 1).
* CTE means "Central heating".  until 31 December 2007:3 010 000 tonnes;  up to 31 December 2008:2 990 000 tonnes;  until 31 December 2009:1 978 000 tonnes;  up to 31 December 2010:1 940 000 tonnes;  until 31 December 2011:1 929 000 tonnes;  until 31 December 2012:1 919 000 tonnes;  until 31 December 2013:1 159 000 tonnes;  up to 31 December 2014:1 039 000 tons.

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 of 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 of 31.12.2003 , p. 106), by way of derogation from paragraph 5 of article 5 and paragraph 2 of article 7 of Directive 2002/96/EC, Bulgaria shall attain the minimum rate of separate collection of four kilograms on average per inhabitant per year of WEEE from private households, the rate of recovery and the rate of reuse and recycling of components, materials and substances until 31 December 2008.

C. WATER QUALITY 31991 L 0271: Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135 of 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 of 31.10.2003 , p. 1).

By way of derogation from articles 3 and 4 and of paragraph 2 of article 5 of Directive 91/271/EEC, the requirements for collecting systems and treatment of urban waste water shall not fully apply in Bulgaria until 31 December 2014, in accordance with the following intermediate target:  until 31 December 2010, shall be achieved compliance with the directive in agglomerations with a population equivalent of more than 10000.

D. INDUSTRIAL POLLUTION And Risk Management 1. 31996 L 0061: Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ L 257 of 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 of 31.10.2003, p. 1).

By way of derogation from paragraph 1 of article 5 of Directive 96/61/EC, the requirements for licensing of existing installations shall not apply in Bulgaria until the date indicated for each installation, at the premises listed below, with regard to the obligation to operate these installations in accordance with emission limit values, equivalent parameters or technical measures based on the best available techniques pursuant to paragraphs 3 and 4 of article 9: 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 31 December 2011: – CTE "Ruse-East" – Ruse (activity 1.1)-CTE "Varna" – Varna (activity 1.1)-CTE "Bobov dol" – Sofia (activity 1.1) "Lukoil Neftochim in CTE –"- Burgas (activity 1.1) "Lukoil Neftochim" – Burgas (activity 1.2) – "Kremikovtsi" – 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) – – "Straldja keramika" – Straldja (activity 3.5) "Balkankeramiks" – Novi – Iskar (activity 3.5) "Shamot" – Elin – Pelin (activity 3.5)-ceramic 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) "Agriya" – 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).

Before 30 October 2007, should be issued licenses fully coordinates for these facilities, with individually binding timetables for the achievement of full compliance. These permits shall ensure, until October 30 2007, compliance with the General principles of the basic obligations of the operators set out 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 air from large combustion plants (OJ L 309 of 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 of 23.9.2003, p. 33).

the) by way of derogation from paragraph 3 of article 4(1) and part A of annexes III, IV and VII to Directive 2001/80/EC, the emission limit values for sulphur dioxide and dust shall not apply in Bulgaria to the following plants until the date indicated for each unit of the plant: – CTE "Varna": – Unit 1 until 31 December 2009 – Unit 2 until 31 December 2010 – Unit 3 until 31 December 2011 – Unit 4 until 31 December 2012 – Unit 5 until 31 December 2013 – Unit 6 until 31 December 2014 – CTE "Bobov dol": – Unit 2 until 31 December 2011 – Unit 3 until 31 December 2014 – CTE "Ruse-East": – units 3 and 4 until 31 December 2009 – units 1 and 2 until 31 December 2011 – CTE Lukoil Neftochim "Burgas" in :-2 Units, 7, 8, 9, 10 and 11 until 31 December 2011.

During this transitional period, sulphur dioxide emissions and dust from all combustion plants pursuant to Directive 2001/80/EC shall not exceed the following intermediate ceilings: – up to 2008:179 700 tonnes SO2/year; 8 900 tonnes dust/year – until 2012:103 000 tonnes SO2/year; 6000 tonnes dust/year b) by way of derogation from paragraph 3 of article 4 and of annex VI to Directive 2001/80/EC, the emission limit values for emissions of nitrogen oxides shall not apply in Bulgaria until 31 December 2011 to 2 units, 7, 8, 9, 10 and 11 of the installation "Lukoil Neftochim" CTE in Burgas.

During this transitional period, nitrogen oxide emissions from all combustion plants pursuant to Directive 2001/80/EC shall not exceed the following intermediate ceilings: – up to 2008:42 900 tonnes/year – until 2012:33 300 tonnes/year c) Bulgaria shall submit to the Commission not later than 1 January 2011, a plan updated , including an investment plan, for the gradual alignment of remaining non-compliant plants with clearly defined stages for the application of the acquis. These plans shall ensure a further reduction of the emissions to a level significantly below the intermediate targets specified in paragraphs (a) and b) above), in particular with regard to emissions relating to the period from 2012 to 2014. If the Commission, having regard in particular to the environmental effects and to the need to reduce distortions of competition in the internal market resulting from the transitional measures, considers that the abovementioned plans are not sufficient to meet these objectives, it shall inform the Bulgaria. Within three months, Bulgaria shall communicate the measures it has taken to meet these objectives. If, subsequently, in consultation with Member States, the Commission considers that these measures are not sufficient to achieve those objectives, will start the infringement proceedings under article III-360 of the Constitution.

Appendix to annex VI chapter I list of milk processing establishments as referred to in annex VI, Chapter 4, section B, paragraph 1 (a)) no no Vet. Name and address of the establishment of the facilities concerned Headquarters region of Blagoevgrad – paragraph 1 1 BG 0112004 "by kil" EOOD gr. Pernik ul. "Lenin" 111 s. Eleshnitsa Region of Burgas – paragraph 2 2 BG 0212013 ET "Marsi-Mincho Bakalov" gr. Burgas j.k. "Vazrajdane" BL. 1 Burgas j.k. "Pobeda" ul. "Baykal" BG 0212027 "Mlechen DZZD 9 3 svyat" Gr. Burgas j.k. "Izgrev" ul. "Malchika" 3 s. Debelt ul. "Indje voyvoda" 5 OBL. Burgaska 4 BG 0212028 "Vester" OOD gr. Burgas ul. "Fotinov" 36 s. 5 BG 0212047 "Complektstroy Sigmen" EOOD gr. Burgas ul. "Aleksandar Stamboliiski" 17 s. Veselie Vidin region – no 5 6 BG 0512025 "El Bi Bulgarikum" EAD Gr. Vidin Gr. Vidin Vratsa region Yujna promishlena zona – paragraph 6 7 BG 0612010 "Hadjiiski i familiya" EOOD s. Gradeshnitsa s. 8 BG 0612027 "Mlechen Gradeshnitsa ray 99" EOOD gr. Vratsa j.k. "Dabnika" BL. 48 AP. 3 j.k. Bistrets Stopanski Vratsa Gr. dvor 9 BG 0612035 ET "Nivego" s. Chiren s. Chiren Gabrovo region – paragraph 7 10 BG 0712001 "Ben Invest" OOD s. Kostenkovtsi obsht. Gabrovo s. Kostenkovtsi obsht. 11 BG 0712002 Gabrovo "Shipka 97" AD gr. Gabrovo ul. "V. Levski" 2 gr. Gabrovo ul. "V. Levski" 2 12 BG 0712003 "Elvi" OOD s. Velkovtsi obsht. Gabrovo s. Velkovtsi obsht. 13 BG 0712008 "Gabrovo Milkieks" OOD gr. Sevlievo j.k. "Atanas Moskov" d-r Gr. Sevlievo j.k. "Atanas Moskov" Dobrich region – no 8 14 BG 0812002 "AVITA" OOD gr. Sofia ul. "20-ti April" 6 s. Tsarichino 15 BG 0812008 "Roles 2000" OOD gr. Varna ul. "Tsar Ivan Shishman" 13 s. 16 BG 0812019 "Filipopolis Kardam" OOD gr. Plovdiv ul. "Hristo Danov" 2 s. Jeglartsi 17 BG 0812029 "AKURAT – MLECHNA PROMISHLENOST" OOD gr. Sofia ul. "Baba Vida 2" Gr. Dobrich Riltsi "18" JK BG 0812030 "FAMA" AD gr. Varna ul. "Evlogi Georgiev" 23 Gr. Dobrich BUL. "Dobrudja" 2 Region of Kardjali – paragraph 9 19 BG 0912004 ET "Rado" s. Byal izvor s. Byal izvor obsht. Ardino Kyustendil region – paragraph 10 20 BG 1012012 "Galkom" OOD gr. Dupnitsa Gr. Dupnitsa ul. Venelin 57 21 BG 1012008 "" ET "Nikolay Kolev" s. Konyavo s. Konyavo Lovech region – no 11 22 BG 1112001 "Prima Lakta" Ltd. gr. Lovech ul. "Troyansko shose" 1 GR. Lovech ul. "Troyansko shose" BG 1112004 "Mlekoprodukt 23" OOD gr. Lovech s. Goran 24 BG 1112008 "Plod" AD gr. Apriltsi Gr. Apriltsi 25 BG 1112012 "Stilos" OOD gr. Dupnitsa ul. "Batenberg" 64 s. Lesidren Region of Pazardjik – paragraph 13 26 BG 1312011 "Eko-F" EAD Gr. Sofia ul. "Stara planina" 34 s. Karabunar 27 1312015 "Mevgal Bulgaria BG" EOOD gr. Velingrad Velingrad j.k. "Industrialen Gr. 28 BG 1312022 ET" Palmite-Vesela Popova "" Gr. Plovdiv ul. "Koprivkite" 23 Gr. Strelcha ul. "Osvobojdenie" Pleven region 17 – paragraph 15 29 BG 1512003 "Mandra 1" EOOD s. Obnova s. Tranchovitsa 30 BG 1512006 "Mandra" OOD s. Obnova s. Obnova 31 BG 1512008 ET "Viola" gr. Koynare Gr. Koynare ul. "Hristo Botev" 16 32 BG 1512010 ET "Militsa Lazarova-90" Gr. Slavyanovo Gr. Slavyanovo ul. "Asen Zlatarev" 2 Region of Plovdiv – paragraph 16 33 BG 1612009 ET "d. Madjarov" Gr. Plovdiv Gr. Stamboliiski-mandra 34 BG 1612013 ET "Polidey" Gr. Karlovo s. Domlyan 35 BG 1612017 "Snep" OOD gr. Rakovski Gr. ul Rakovski. "F. Stanislavov" BG 1612020 ET "57 36 Bor-Chvor" s. Dalbok izvor s. Dalbok izvor


37 BG 1612023 "Vanela" OOD gr. Plovdiv BUL. "Bulgaria" 170 s. 38 Tsarimir BG 1612024 "Kostovi SD-EMK" Gr. Saedinenie Gr. Saedinenie 39 BG 1612039 "Topolovo-Agrokomers" OOD gr. Sofia z.k. Dianabad, BL. 20 s. 40 1612040 Stopanski dvor Topolovo BG "produkti" OOD Mlechni Gr. Plovdiv s. Manole Razgrad region – paragraph 17 41 BG 1712002 ET "Rosver" gr. ul Tsar Kaloyan. "Ivan Vazov" 4 Gr. ul Tsar Kaloyan. "Sofia" 1712010 "Bulagrotreyd" 41 42 BG OOD gr. Ruse ul. "Elin Pelin" 15A s. Juper 43 BG 1712020 ET "Prelest-Sevim Ahmed" n. Podayva ul. "Struma" s. Stopanski dvor Laevinus again 12 44 BG 1712042 ET "Madar" n. Madrevo ul. "Han Kubrat" 65 s. Stopanski dvor Terter Region of Ruse – paragraph 18 45 BG 1812002 "Laktis-Byala" AD gr. Byala Gr. Byala ul. "Stefan Stambolov" 75 46 BG 1812005 ET "DAV" Gr. Ruse ul. "6-ti Septemvri" 43 Gr. 47 1812022 ZKPU BG Vetovo "Tetovo" s. Tetovo s. Tetovo ul. "Tsar Osvoboditel" 5 48 BG 1812011 ET "Georgi Bojinov-Gogo" s. Nikolovo s. Nikolovo Silistra region – paragraph 1949 BG 1912004 ET "Merone-Hristo Kunev" gr. Silistra BUL. "Makedonia" 150 Gr. Alfatar 50 BG 1912013 "JOSI" OOD gr. Sofia ul. "Hadji Dimitar" 142 vh. S. Chernolik 51 BG 1912024 "Buldeks" OOD gr. Silistra ul. "D. Donchev" 6 s. Belitsa Sliven Region – No 2052 BG 2012007 "Delta lakt" OOD gr. Stara Zagora ul. "Tsar Kaloyan" 20 s. Stoil Voyvoda 53 BG 2012020 "Yotovi" OOD gr. Sliven j.k. Rechitsa ul. "Kosharite" 12 Gr. Sliven j.k. Rechitsa 54 BG 2012022 "Bratya Zafirovi" OOD gr. Sliven ul. "Treti mart" 7 Gr. Sliven Industrialna zona Zapad 55 BG 2012030 "Agroprodukt" OOD gr. Sliven ul. "24" s. Oreshak 56 Dragodanovo BG 2012036 "Minchevi" OOD s. Korten OBL. Sliven s. Korten OBL. Sliven Smolyan region – paragraph 21 57 BG 2112001 "Belev" EOOD gr. Smolyan Gr. Smolyan ul. "Trakiya" 15 58 BG 2112021 "Rossi" EOOD gr. gr. Dospat Dospat 59 BG 2112018 ET "Rosen Atanasov-Komers" s. s. Kutela Kutela 60 BG 2112023 ET "Iliyan Isakov s. Trigrad" s. Trigrad obsht. Devin region of the city of Sofia – paragraph 22 61 BG 2212001 "Danon – Serdika" AD gr. Sofia ul. "Lychnitis" 3 ul. "Lychnitis BG 2212002" Formalat 3 62 "" EOOD s. G. Lozenetz offers ul. "Saedinenie" 132 n. g. Lozenetz offers ul. Saedinenie "132 63 BG 2212009" Serdika-94 "OOD j.k. Jeleznitsa j.k. Jeleznitsa" 64 BG 2212022 "Megle-MJ" OOD ul. "Probuda" 14 ul. "Probuda" 12-14 65 BG 2212023 "EL BI BULGARIKUM" EAD Gr. Sofia ul. "Saborna" 9 ul. "Malashevska" 12A District of Sofia region – paragraph 23 66 BG 2312013 ET "Dobrev" s. Dragushinovo s. Dragushinovo 67 BG 2312016 AD "Bovis" s. s. Trudovets Trudovets 68 BG 2312026 "Dyado Liben" OOD gr. Sofia ul. "Hubcha 2" Gr. Koprivshtitsa BUL. "Nencho Palaveev" h. 137 69 BG 2312033 "Balkan Spetsial" OOD gr. Sofia s. Gorna Malina 70 BG 2312002 ET "Danim" Gr. Elin Pelin Gr. Elin Pelin BUL. Vitosha "18A" Region of Stara Zagora – paragraph 24 71 BG 2412019 "Dekada" OOD gr. Stara Zagora BUL. "Ruski" 41 et. 3.9 s. 72 BG 2412023 Agricultural Institute Elhovo Gr. Stara Zagora Gr. Stara Zagora 73 BG 2412033 "Gospodinovi" OOD gr. Stara Zagora pl. "Beroe" 1 AP. 21 s. Julievo

Targovishte region – no 25 74 BG 2512004 number "PIP Trade" OOD gr. Sofia ul. "Baba Vida" 2 s. Davidovo 75 BG 2512006 "Hadad" OOD s. Makariopolsko s. Makariopolsko BG 2512016 "76 Milktreyd-BG" OOD gr. Sofia obsht. "Studentska" 58-A-115 s. Saedinenie OBL. Targovishte 77 BG 2512017 "YU and S-Komers" OOD gr. s. Golyamo Gradishte Opaka ul. "Rakovski" 2 Yambol region – no 28 78 BG 2812002 "Arachievi" OOD gr. Elhovo ul. "Bakalov" 19 79 BG 2812003 Kirilovo s. "NPR.jogurt" Balgarski OOD s. Ravda s. Born Kompleks "Ekaterina" 80 BG 2812025 "Sakarela" OOD gr. Yambol ul. "HR. Botev" 24-B-15 gr. Yambol ul. "Preslav" 269 CHAPTER II list of processing establishments of two types of milk – milk as milk as referred to in annex VI, Chapter 4, section B, paragraph 1 (a)) and c) no no Vet. Name and address of the establishment of Headquarters premises in question the region of Veliko Tarnovo – paragraph 4 1 BG 0412002 "Sofbiolayf-BG" OOD gr. Svishtov Gr. Svishtov ul. "33-ti svishtovski polk." 67 2 BG 0412009 "Milki-luks" OOD gr. Plovdiv s. Byala Cherkva 3 BG 0412010 "Bi Si Si Handel" OOD gr. Elena Gr. Elena ul. "Treti mart" 19 Vratsa region – paragraph 6 4 BG 0612012 ET "Zorov-97" Gr. Vratsa j.k. Kulata ul. "Palkovitsa" 7 Vrachanski balkan, mestnost "Parshevitsa" Dobrich region – no 8 5 BG 0812009 "Serdika-90" AD gr. Dobrich Gr. Dobrich ul. "25 septemvri" 100 Lovech region – no 11 6 BG 1112006 "Kondov Ekoproduktsiya" OOD gr. Sofia s. Staro selo Region of Plovdiv – paragraph 16 7 BG 1612001 "KA LA LAY" Gr. Sofia Gr. Plovdiv BUL. "Dunav" 3 8 BG 1612002 "Shipka 99" OOD gr. Parvomay Gr. 9 Parvomay BG 1612037 "Filipopolis-RK" OOD gr. Plovdiv Gr. Plovdiv JK "Proslav" ul. "Prosveta" 2A 10 BG 1612041 "Elit-95" EOOD s. Dalbok izvor s. Dalbok izvor Region of Ruse – paragraph 18 11 BG 1812003 "Sirma Prista" AD gr. Ruse Gr. Ruse BUL. "3-ti mart" 1 Sliven region – no 2012 BG 2012006 "Mlechen pat" AD gr. Sofia ul. "Vasil Levski" 109 Gr. Nova Zagora j.k. Industrialen 13 BG 2012009 "Vangard" OOD gr. Sliven ul. "Al. Stamboliiski" 1 s. Jelyo voyvoda OBL. Sliven 14 BG 2012019 Hemus milk komers "OOD" Gr. Sliven ul. "Neofit Rilski" 3a Gr. Sliven Industrialna zona Zapad BG 2012042 "Tirbul 10:15 JK" EAD Gr. Sliven "Tirbul" EAD Gr. Sliven Region of Stara Zagora – paragraph 24 16 BG 2412005 "Markeli" AD gr. Stara Zagora ul. "Sv. Kn. Boris" 67 et. 3.6 Gr. Kazanlak j.k. Industrialen region of Targovishte – paragraph 25 17 BG 2512001 "Mladost-2002" OOD gr. Targovishte Gr. Targovishte BUL. "29-ti yanuari" 7 18 BG 2512020 "Mizia-Milk" OOD gr. Targovishte ul. "Rodopi" 5 gr. Targovishte Industrialna zona region of Haskovo – paragraph 26 19 BG 2612047 "Balgarsko sirene" OOD gr. Harmanli ul. "Gotse Delchev" 1 GR. Haskovo BUL. "Saedinenie" 94 Yambol region – no 28 20 BG 2812022 "Tanya" OOD gr i Delivered. Yambol Gr. Yambol ul. "Graf Ignatiev" 189 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ANNEX VII list referred to in article 20 of the Protocol: transitional measures-Romania 1. FREEDOM OF MOVEMENT for PERSONS Treaty establishing a Constitution for Europe 31968 R 1612: Council Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ L 257 of 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 of 30.4.2004, p. 77) 31996 L 0071: Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18 of 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 free movement and residence of Union citizens and their family members in the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC , 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158 of 30.4.2004, p. 77).

1. Article III-133 and the first paragraph of article III-144 of the Constitution are fully applicable to freedom of movement for workers and freedom to provide services involving temporary movement of workers as defined in article 1 of Directive 96/71/EC between Romania on the one hand, and each of the present Member States, on the other hand , subject to the transitional provisions laid down in paragraphs 2 to 14.

2. By way of derogation from articles 1 to 6 of Regulation (EEC) No 1612/68 and until the end of the period of two years from the date of accession, the present Member States shall apply national measures or measures resulting from bilateral agreements, regulating access of Romanian nationals to their labour markets. The present Member States may continue to apply these measures until the end of the period of five years from the date of accession.

Romanian nationals who, at the date of accession, to work legally in a Member State and have been admitted to the labour market of that Member State for a continuous period of not less than 12 months must enjoy the right of access to the labour market of that Member State but not in another Member State applying national measures.

Romanian nationals, after accession, are admitted to the labour market of a present Member State for a continuous period of not less than 12 months, must enjoy the same rights.

Romanian nationals mentioned in the second and third subparagraphs above shall cease to enjoy the rights referred to in those paragraphs if you voluntarily leave the labour market of the Member State in question.

Romanian nationals legally working in a present Member State at the date of accession, or during a period of national measures, and have been admitted to the labour market of that Member State for a period of less than 12 months do not enjoy these rights.

3. Before the expiry of the period of two years from the date of accession, the Council shall review the functioning of the transitional measures provided for in paragraph 2, on the basis of a Commission report.

Complete this review, and no later than the expiry of the period of two years from the date of accession, the present Member States shall notify the Commission whether they will continue applying national measures or measures resulting from bilateral agreements, or if, thereafter, they will apply articles 1 to 6 of Regulation (EEC) No 1612/68. In the absence of such notification, articles 1 to 6 of Regulation (EEC) No 1612/68.

4. at the request of Romania, can be carried out a new revision. The procedure laid down in paragraph 3, which should be completed within six months of receipt of the application.

5. A Member State to maintain national measures or measures resulting from bilateral agreements at the end of the five year period indicated in paragraph 2 may, in case of disturbances or threat of serious disturbances of the labour market or your threats of these disturbances, and after notifying the Commission, continue to apply these measures until the end of the period of seven years from the date of accession. In the absence of such notification, articles 1 to 6 of Regulation (EEC) No 1612/68.

6. During the period of seven years from the date of accession, those Member States in which, by virtue of paragraph 3, 4 or 5, Romanian nationals apply articles 1 to 6 of Regulation (EEC) No 1612/68, and they grant work permits to the Romanian national monitoring purposes during this period, will do so automatically.

7. Member States in which, by virtue of paragraphs 3, 4 or 5, Romanian nationals apply articles 1 to 6 of Regulation (EEC) No 1612/68, may resort to the procedures set out in the following paragraphs to the end of the period of seven years from the date of accession.

When a Member State referred to in the first subparagraph shall suffer or providing for your labour market disturbances that may threaten the standard of living or level of employment in a given region or occupation, shall inform the Commission and the other Member States, supplying them with all relevant information. Based on this information, the Member State may request the Commission to declare the total or partial suspension of the application of articles 1 to 6 of Regulation (EEC) No 1612/68, in order that the situation return to normal in that region or occupation. The Commission shall decide on the suspension and the duration and scope thereof, no later than two weeks from the receipt of such a request and shall notify the Council of this decision. Any Member State may, within two weeks after the decision of the Commission, request the Council to annul or amend the decision. The Council shall act on such a request, by a qualified majority, within two weeks.

Any of the Member States referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of articles 1 to 6 of Regulation (EEC) No 1612/68, and shall submit a notification to the Commission subsequently justified ex-post.

8. While the application of articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by virtue of paragraphs 2 to 5 and 7 above, article 23 of Directive 2004/38/EC is applicable in Romania in relation to nationals of the present Member States and in the present Member States with regard to Romanian nationals under the following conditions, as regards the right of family members of workers to undertake an activity :-the spouse of a worker and their descendants who are under 21 years of age or your position, which to him are legally resident in the territory of a Member State at the date of accession, have, from that date, immediate access to the labour market of that Member State. This provision does not apply to family members of a worker who has been legally admitted to the labour market of that Member State for a period of less than 12 months;


– the spouse of a worker and their descendants who are under 21 years of age or your position, which to him are legally resident in the territory of a Member State from a date later than the accession, but during the period of application of the transitional provisions laid down above, have access to the labour market of the Member State concerned as soon as we have eighteen months of residence in that Member State , or from the third year following the date of accession, whichever the earlier.

These provisions are without prejudice to more favourable measures whether national or resulting from bilateral agreements. 9. In so far as certain provisions of Directive 2004/38CE, which shall supersede the provisions of Directive 68/360/EEC 1, cannot be dissociated from those of Regulation (EEC) No 1612/68 whose application is deferred pursuant to paragraphs 2 to 5 and 7 and 8, Romania and the present Member States may provide for derogations from these provisions to the extent necessary for the application of paragraphs 2 to 5 and 7 and 8.

10. where, by virtue of the transitional provisions laid down above, the present Member States applying national measures or measures resulting from bilateral agreements, Romania may maintain in force equivalent measures with regard to nationals of the Member State or States concerned.

11. If the application of articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by any of the present Member States, Romania may resort to the procedure set out in paragraph 7:00 pm relation to Bulgaria. During this period, Romania shall automatically issue work permits for monitoring purposes to nationals of Bulgaria.

12. Any present Member State applying national measures in accordance with paragraphs 2 to 5 and 7 to 9 may introduce, under national law, freedom of movement of workers higher than the existing at the date of accession, including full labour market access. From the third year from the date of accession, any present Member State applying national measures may at any time decide to apply articles 1 to 6 of Regulation (EEC) No 1612/68 instead. The Commission shall be informed of this decision.

13. In order to deal with disturbances or the threat of serious disturbances in certain sensitive services sectors of their labour markets, which could arise in certain regions, as a result of the transnational provision of services defined in article 1 of Directive 96/71/EC, and as apply, by virtue of the provisions 1 Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence of workers of Member States and their families in the Community (OJ L 257 of 19.10.1968, p. 13). Directive as last amended by the 2003 Act of accession (OJ L 236 of 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 258 of 30.4.2004, p. 77). above provided for transitional, national measures or measures resulting from bilateral agreements on the free movement of Romanian workers, Germany and Austria may, after notifying the Commission, derogate from the first paragraph of article III-144 of the Constitution in order to, in the context of the provision of services by companies established in Romania, limit the temporary movement of workers whose right to exercise an activity in Germany and in Austria is subject to national measures.

The list of service sectors which may be covered by this derogation is as follows:-in Germany: Sector NACE * Code, unless otherwise specified construction, including related activities 45.1 to 4; Activities listed in the annex to Directive 96/71/EC industrial cleaning 74.70 activities Activities industrial cleaning other services 74.87 Exclusively interior design – activities in Austria: NACE Code Sector *, unless otherwise stated-related service activities 01.41 horticulture sawdust, cutting and finishing of stone 26.7 manufacture of metal construction structures 28.11 construction, including related activities 45.1 to 4; Activities listed in the annex to Directive 96/71/EC Security Activities 74.60 industrial cleaning 74.70 activities home care nursing 85.14 social work and activities without accommodation 85.32 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ * NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293 of 24.10.1990 , p. 1). Regulation as last amended by 32003 R 0029: Commission Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284 of 31.10.2003, p. 1).

To the extent that Germany or Austria providing for derogations from the first subparagraph 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 may not result in conditions for the temporary movement of workers in the context of the transnational provision of services between Germany or Austria and Romania more restrictive than those in force on the date of signature of the accession treaty.

14. The application of paragraphs 2 to 5 and 7 to 12 can not result in conditions for access of Romanian nationals to the labour markets of the present Member States more restrictive than those in force on the date of signature of the accession treaty.

Without prejudice to the application of paragraphs 1 to 13, the present Member States must, during the period when applying national measures or measures resulting from bilateral agreements, give preference to workers who are nationals of the Member States over workers who are nationals of third countries as regards access to your market.

Romanian migrant workers and their families legally resident and working in another Member State or migrant workers from other Member States and their families legally resident and working in Romania shall not be treated in a more restrictive way than those of third countries resident and working in that Member State or Romania respectively. Furthermore, in application of the principle of Community preference, migrant workers from third countries resident and working in Romania shall not be treated more favourably than nationals of Romania.

2. FREEDOM to PROVIDE SERVICES


31997 L 0009: Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes (OJ L 84 of 26.3.1997, p. 22).

By way of derogation from paragraph 1 of article 4 of Directive 97/9/EC, the minimum level of compensation shall not apply in Romania until 31 December 2011. Romania shall ensure that your investor-compensation scheme shall cover not less than EUR 4 500 between 1 January 2007 and 31 December 2007, of not less than EUR 7 000 between 1 January 2008 and 31 December 2008, of not less than EUR 9 000 between 1 January 2009 and 31 December 2009 not less than EUR 11 000 between 1 January 2010 and 31 December 2010 and of not less than EUR 15 000 between 1 January 2011 and 31 December 2011.

During this transitional period the other Member States have the right to prevent a branch of a Romanian investment firm established on their territories exercise your activity, unless-and even – that this branch adhere to a system of officially recognised investor-compensation scheme within the territory of that Member State to cover the difference between the level of compensation to Romanian and the minimum level referred to in paragraph 1 of article 4 of Directive 97/9/EC.

3. FREE MOVEMENT of CAPITAL Treaty establishing a Constitution for Europe.

1. Notwithstanding the obligations resulting from the Treaty establishing a Constitution for Europe, Romania may maintain in force for five years from the date of accession the restrictions currently in force in your legislation at the date of signature of the Treaty of accession, on the acquisition of property rights in land for secondary residences by nationals of the Member States or of States parties to the agreement on the European economic area (EEA Agreement) not resident in Romania and for companies incorporated under the legislation of another Member State or of a State party to the agreement on the EEA that are not established nor having a branch or agency that represents the territory of Romania.

Nationals of Member States and of States parties to the agreement on the EEA legally resident in Romania shall not be subject to the provisions of the preceding subparagraph or to any rules and procedures other than those that apply to Romanians.

2. Notwithstanding the obligations resulting from the Treaty establishing a Constitution for Europe, Romania may maintain in force for seven years from the date of accession the restrictions currently in force in your legislation at the date of signature of the Treaty of accession, on the acquisition of agricultural land, forests and forestry land by nationals of the Member States, by nationals of the States parties to the agreement on the EEA and by companies formed in accordance with the legislation of another Member State or of a State party to the agreement on the EEA that are not established nor registered in Romania. With regard to the acquisition of agricultural land, forests and forestry land, nationals of Member States may not, under any circumstances, receive less favourable treatment than at the date of signature of the accession treaty or be treated in a more restrictive way than a national of a third country.

Farmers on their own nationals of another Member State who wish to establish themselves and reside in Romania are not subject to the provisions of the preceding paragraph or to any procedures other than those that apply to Romanians.

There shall be a general review of these transitional measures in the third year from the date of accession. To this end, the Commission shall submit a report to the Council. The Council, acting unanimously on a proposal from the Commission, may decide to shorten or terminate the transitional period indicated in the first subparagraph.

4. Competition POLICY. TAX AID 1. Treaty establishing a Constitution for Europe, part III, title III, Chapter 1, section 5, rules on competition a) Notwithstanding Articles III-167 and III-168 of the Constitution, Romania may continue to grant to undertakings with which it has been granted a permanent investor certificate in a deprived area before 1 July 2003, an exemption from corporation tax on the basis of the Government emergency order No. 24/1998 on deprived areas , as amended: – 3 deprived areas (Brad, Valea Jiului, Bălan) up to 31 December 2008 inclusive;

-the 22-favoured areas (Comăneşti, Bucovina, Altân Tepe, Filipeşti, Ceptura, Albeni, Schela, Gorj, Motru Rovinari, Rusca Montană, Bocşa, Moldova Nouă-Anina, Baraolt, Apuseni Mountains, Ştei-Nucet, Borod Şuncuiuş-Dobreşti, Bihor-Vadu Crişului, Popeşti-Derna-Ale şd, Ip, Hida-Surduc-Jibou-B ălan, Şărmăşag-Chiejd-Bobota, Baia Mare, Borşa Vişeu, Rodna) up to 31 December 2009 inclusive;

-the 3 deprived areas (Cugir, Zimnicea, Copşa Mică) up to and including 31 December 2010 under the following conditions: – the State aid is granted for regional investments: – the net intensity of such regional aid shall not exceed the rate of 50% net grant equivalent. The maximum limit indicated can be increased by 15 percentage points for small and medium-sized enterprises, provided that the total net aid intensity does not exceed 75%; – If the company exercising your activity in the motor vehicle sector 1, the total aid shall not exceed 30% of the eligible investment costs;

-the start date of the period for calculation of aid to make the ceilings referred to above is 2 January 2003; are excluded from the calculation all aid basis of profits that precede this date;

– for the purpose of calculating the total aid, taking into account all aid granted to the beneficiary in connection with the eligible costs, including aid granted under other schemes, whether from local, regional, national or community;

-the eligible costs are defined on the basis of the guidelines on national regional aid 2;

— the eligible costs that may be taken into account are the costs incurred between 2 October 1998 (i.e. the date of entry into force of the system under the Government emergency order No. 24/1998 on deprived areas) and 15 September 2004.

b) Romania shall provide the Commission: – two months after the date of accession, information on the fulfilment of the conditions laid down above;


-by the end of December 2010, information on the eligible investment costs effectively incurred by the beneficiaries to 1 within the meaning of Annex C of Commission communication entitled "multisectoral Community framework on regional aid for large investment projects ' (OJ C 70 of 19.3.2002, p. 8). Communication as last amended and published in OJ C 263 of 1.11.2003, p. 3.
2 OJ L 74 of 10.3.1998, p. 9. Guidelines as last amended and published in OJ C 258 of 9.9.2000, p. 5. under government emergency order No. 24/1998 concerning less favoured areas and its amendments, as well as on the total aid amounts received by the beneficiaries; and – half-yearly reports on monitoring of aid granted to beneficiaries in the automotive sector.

2. Treaty establishing a Constitution for Europe, part III, title III, Chapter 1, section 5, rules on competition a) Notwithstanding Articles III-167 and III-168 of the Constitution, Romania may continue to be granted to undertakings which have signed commercial contracts with administrations of free zones before 1 July 2002, an exemption from royalties based on law No 84/1992 on free zones , as amended, until 31 December 2011 under the following conditions-State aid is granted for regional investments: – the net intensity of such regional aid shall not exceed the rate of 50% net grant equivalent. The maximum limit indicated can be increased by 15 percentage points for small and medium-sized enterprises, provided that the total net aid intensity does not exceed 75%;

– If the company exercising your activity in the motor vehicle sector 1, the total aid shall not exceed 30% of the eligible investment costs;

-the start date of the period for calculation of aid to make the ceilings applicable is 2 January 2003; are excluded from 1 within the meaning of Annex C of Commission communication entitled "multisectoral Community framework on regional aid for large investment projects ' (OJ C 70 of 19.3.2002, p. 8). Communication with the amended and published in OJ C 263 of 1.11.2003, p. 3. all aid calculation basis of profits that precede this date;

– for the purpose of calculating the total aid, taking into account all aid granted to the beneficiary in connection with the eligible costs, including aid granted under other schemes, whether from local, regional, national or community;

-the eligible costs are defined on the basis of the guidelines on national regional aid 1;

— the eligible costs that may be taken into account are the costs incurred between 30 July 1992 (i.e. the date of entry into force of the system under law No 84/1992 on free zones) and 1 November 2004.

b) Romania shall provide the Commission: – two months after the date of accession, information on the fulfilment of the conditions laid down above;

-by the end of December 2011, information on the eligible investment costs effectively incurred by the beneficiaries under law No 84/1992 on free zones and its amendments, as well as on the total aid amounts received by the beneficiaries; and – half-yearly reports on monitoring of aid granted to beneficiaries of the motor vehicle industry.


1 OJ L 74 of 10.3.1998, p. 9. Guidelines as amended and published in OJ C 258 of 9.9.2000, p. 5. B. RESTRUCTURING Of The STEEL INDUSTRY 1. Treaty establishing a Constitution for Europe, part III, title III, Chapter 1, section 5, rules on competition a) Notwithstanding Articles III-167 and III-168 of the Constitution, State aid granted by Romania for restructuring purposes to certain areas of your steel industry between 1993 and 2004 are considered compatible with the common market provided that: – the period provided for in paragraph 4 of article 9 of Protocol 2 on ECSC products to the Europe agreement that creates an association between the European communities and their Member States, of the one part, and Romania, of the other part 1, has been extended until 31 December 2005, – the terms set out in the national restructuring plan and individual business plans whose base was extended the Protocol referred to above are respected during the period from 2002 to 2008,-comply with the conditions laid down in these provisions and in Appendix A ,-are not granted or paid any State aid in any form, to steel companies covered by the national restructuring programme from 1 January 2005 until 31 December 2008, the date of the end of the restructuring period, and – not awarded or paid to the Romanian steel industry any State aid for restructuring after 31 December 2004. For the purposes of these provisions and in Appendix A, for restructuring State aid means any measures relating to iron and steel industries, which are 1 OJ L 357 of 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). State aid within the meaning of paragraph 1 of article 87 of the EC Treaty and that cannot be considered compatible with the common market in accordance with the rules applicable in the community in General.

2. Only the companies listed in Appendix A, part I, (hereinafter referred to as "recipient companies") are eligible for State aid under the steel restructuring programme.

3. The restructuring of the Romanian steel sector, as exposed in the individual business plans of the beneficiary undertakings and in the national restructuring plan, and in accordance with the conditions laid down in these provisions and in Appendix A, shall be completed no later than December 31 2008 (hereinafter referred to as "end of the restructuring period").

4. A recipient undertaking cannot: a) in the case of a merger with a company not listed in Appendix A, part I, pass on the benefit of the aid which was granted;


b) Resume the assets of any company not listed in Appendix A, part I, and pass on the benefit of the aid granted in the period up to 31 December 2008.

5. Any subsequent changes in the ownership of any of the benefiting companies shall respect the conditions and principles regarding viability, State aid and the reduction of capacity, as defined in these provisions and in Appendix a.

6. Companies not included as "beneficiaries" in Appendix A, part I, should not benefit from State aid for restructuring or any other aid considered not compatible with the Community rules on State aid nor a capacity reduction is required in this context. Any reductions in capacity in these companies will not be counted for the minimum reduction. 7. the total amount of gross restructuring aid to be approved for the benefiting companies is determined by the justifications for each and every aid measure provided in the final national restructuring programme and individual business plans approved by the Romanian authorities and subject to final assessment as regards compliance with the criteria set out in paragraph 4 of article 9 of Protocol 2 to the Europe agreement as well as the adoption by the Council. In any case, the total amount of gross restructuring aid granted and paid in the period 1993-2004 shall not exceed ROL 49 985 mil milhões. Within this overall ceiling, apply the following sub-ceilings or maximum amounts of State aid granted and paid to each benefiting company in the period 1993-2004: Ispat Sidex Galaţi Siderurgica Hunedoara ROL 30 598 mil milhões ROL 9 975 mil milhões CS Reşiţa IS Câmpia Turzii ROL 4 707 mil milhões ROL 2 234 mil milhões COS Târgovişte Donasid (Siderca) ROL 2 399 mil milhões Călăraşi ROL 72 billion state aid must be used to allow the viability of the beneficiary undertakings under normal market conditions at the end of the restructuring period. The amount and intensity of such aid must be limited to what is strictly necessary to restore such viability. The viability shall be determined having regard to the criteria described in Appendix A, part III.

Romania shall not grant any other State aid to the steel industry for your restructuring.

8. The total net capacity reductions to be achieved by the recipient undertakings during the period of 1993-2008 shall be 2,050,000 tons, at least.

These capacity reductions are evaluated on the basis of permanent closure of installations for the production of hot-rolled concerned, by means of a physical destruction of such proportions that prevents your subsequent reactivation. An eventual declaration of bankruptcy of a recipient undertaking cannot be considered as a capacity reduction 1.

The minimum net capacity reduction of 2,050,000 tonnes and the dates for the cessation of production and permanent closure of the facilities covered shall be carried out in accordance with the timetable set out in Appendix A, part II.

9. The individual business plans shall include the written approval of the beneficiary undertakings. These plans must be implemented and include, in particular: the Ispat Sidex Galaţi): i) the implementation of the investment programme for the modernisation of facilities, the increase of yields, reduction of costs (especially energy consumption) and the improvement of quality ii) the move towards market segments of steel flat products of greater added value iii) the improvement of operational efficiency and organisational management iv) the completion of the financial restructuring of the company v) the implementation of the investments necessary for the observance of the legislation on environment b) for Siderurgica Hunedoara: i) the modernisation of the facilities in order to achieve the envisaged sales plan ii) the improvement of operational efficiency and organisational management iii) the implementation of the investments necessary for the observance of the legislation on the environment 1 The capacity reductions should be permanent in accordance with Commission decision No 3010/91/ECSC (OJ L 286 of 6.10.1991, p. 20). c) for IS Câmpia Turzii: i) the increase in the production of processed products and of greater added value ii) the 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 for the observance of the legislation on environment d) for CS Reşiţa : i) the specialisation on semi-finished products to supply the local pipe sector ii) the closure of inefficient capacities iii) the implementation of the investments necessary for the observance of the legislation on environment and) for COS Târgovişte: i) the increase of the quantity of products of greater added value ii) the implementation of the investment programme in order to obtain cost reductions , increased efficiency and improved quality iii) the implementation of the investments necessary for the observance of the legislation on environment f) for Donasid Călăraşi: i) the implementation of the investment programme for the modernisation of facilities ii) the increase of the quantity of finished products iii) the implementation of the investments necessary for the observance of the legislation on the environment.

10. Any subsequent changes in the national restructuring programme final and individual business plans must be approved by the Commission and, if necessary, by the Council.

11. The restructuring shall take place under conditions of full transparency and based on solid principles of market economy.

12. the Commission and the Council shall closely monitor the implementation of the restructuring programme and the individual business plans, as well as compliance with the conditions laid down in these provisions and in Appendix A before and after accession until 2009. In particular, the Commission shall monitor the main commitments and provisions set out in paragraphs 7 and 8 concerning State aid, viability and capacity reductions, using in particular the restructuring benchmarks set out in paragraph 9 and in Appendix A, part III. To this end, the Commission shall submit a report to the Council.

13. Monitoring shall include an independent evaluation carried out annually between 2005 and 2009.


14. Romania shall cooperate fully in all accompanying measures. In particular: – Romania shall submit 6-monthly reports to the Commission no later than 15 March and 15 September of each year, unless otherwise decided by the Commission. The first report shall be submitted on 15 March 2005 and the last on 15 March 2009;

-the reports shall contain all information necessary to monitor the restructuring process and the reduction and use of capacity, as well as provide sufficient financial data so that you can assess whether the conditions have been met and the requirements of these provisions and in Appendix a. the reports shall contain at least the information set out in Appendix A, part IV, which the Commission reserves the right to change in the light of the experience gained during the monitoring process. In addition to the reports of each of the recipient companies shall also be prepared a report on the overall situation of the Romanian steel sector, including recent macroeconomic developments;

-Romania shall oblige the benefiting companies to disclose all relevant data which might, under other circumstances, be considered as confidential. In your report to the Council, the Commission shall ensure that they are not disclosed confidential information about specific companies.

15. Will be held biannual meetings of an Advisory Committee composed of representatives of the Romanian and authority of the Commission. Meetings of this Consultative Committee may also take place on an ad hoc basis if deemed necessary by the Commission.

16. If, on the basis of the monitoring, the Commission finds that there has been substantial deviations in relation to the macroeconomic developments, the financial situation of the beneficiary undertakings or the assessment of the viability, can ask Romania to take appropriate measures to reinforce or modify the restructuring measures of the benefiting companies concerned.

17. If the monitoring show that:) was not fulfilled some of the conditions laid down in these provisions and in Appendix A; or (b)) was not respected any of the commitments made by Romania in the framework of the extension of the period during which this country may exceptionally grant State aid for the restructuring of your steel industry under the Europe Agreement, or c) during the restructuring period Romania has granted additional incompatible state aid to the recipient undertakings or to any steel company the Commission shall take the necessary measures to require that the companies in question reimburse any aid granted in non-compliance with the conditions laid down in these provisions and in Appendix a. If necessary, have recourse to the safeguard clauses laid down in article 36 of the Protocol, or under article 38 of the Protocol.

5. Agriculture. 31999 R 1493 AGRICULTURAL LEGISLATION: Commission Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ L 179 of 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 of 14.10.2003 , p. 13).

By way of derogation from paragraphs 1 to 3 of article 19 of Regulation (EC) No 1493/1999, Romania may recognise replanting rights obtained from the grubbing-up of hybrid varieties that may not be included in the classification of vine varieties, cultivated on an area of 30000 hectares. These replanting rights may be used only until 31 December 2014 and exclusively for planting with Vitis vinifera.

The restructuring and conversion of these vineyards will not be able to benefit from community support provided for in article 13 of Regulation (EC) No 1493/1999. However, national State aid may be granted for the cost of your restructuring and conversion. Such aid may not exceed 75% of the total costs for each vineyard.

B. veterinary and phytosanitary LEGISLATION I. 32004 R 0852 VETERINARY LEGISLATION: Commission 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 of 30.4.2004, p. 1).

32004 R 0853: Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139 of 30.4.2004, p. 55).

a) 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, section II, Chapters II and III, and section V, chapter I, of Regulation (EC) No 853/2004 shall not apply to establishments in Romania listed in Appendix B to this Annex until 31 December 2009 , subject to the conditions set out below.

b) While the establishments referred to in point (a)) the willing in that subparagraph, products from those establishments shall only be placed on the domestic market or used for new processing in establishments in Romania also covered by the provisions of subparagraph (a)), regardless of the date of marketing. These products must bear a health mark or an identification mark different from that provided for in article 5 of Regulation (EC) No 853/2004.

The previous subparagraph also applies to all products originating from integrated meat-processing establishments, where a part of the establishment is subject to the provisions of subparagraph (a)).

c) The milk processing establishments listed in Appendix B to this annex may until 31 December 2009 receive deliveries of raw milk which does not meet the requirements of annex III, section IX, chapter I, Subchapters II and III of Regulation (EC) No 853/2004, or that has not been handled in accordance with these requirements, since the farms from which these deliveries are mentioned on a list maintained for that purpose by the Romanian authorities. Romania shall submit annual reports to the Commission on the progress made on the modernisation of these farms and the milk collection system.


d) Romania shall ensure gradual compliance with the structural requirements referred to in point (a)). Before the date of accession, Romania shall submit to the Commission a modernisation plan, approved by the competent national veterinary authority, for each of the establishments covered by the measure set forth in subsection a) and listed in Appendix B, the plan shall include a list of all the gaps relating to the requirements referred to in point (a)) and the expected date for your correction. Romania shall submit annual reports to the Commission on the progress made in each of these establishments. Romania shall ensure that only those establishments which fully comply with these requirements until 31 December 2009 may continue operating.

and) 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 add or delete certain establishments, in the light of the progress made in the correction of existing shortcomings and the outcome of the monitoring process.

The necessary implementing rules to ensure the smooth operation of the above transitional regime may be adopted in accordance with article 58 of Regulation (EC) No 178/2002.

II. PHYTOSANITARY LEGISLATION 1 Council Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the General principles and requirements of food law, establishing the European food safety authority and laying down procedures in matters of food safety (OJ L 31 of 1.2.2002, p. 1). Regulation as last amended by Regulation (EC) no 1642/2003 (OJ L 245 of 29.9.2003, p. 4). 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 of 19.8.1991, p. 1), as last amended by: – 32004 L 0099: Directive 2004/99/EC of 1.10.2004 (OJ L 309 of 6.10.2004, p. 6).

By way of derogation from paragraph 1 of article 13 of Directive 91/414/EEC, Romania may postpone the deadline for the provision of the information referred to in annexes II and III to Directive 91/414/EEC for plant protection products currently authorised in Romania and marketed exclusively on Romanian territory and containing copper compounds (sulphate, oxychloride or hydroxide), sulphur, acetochlor , Dimethoate and 2, 4 d, since these components appear at the time of the list in annex I to that directive. The deadline referred to above may be deferred until 31 December 2009, except for the 2.4-D, whose date can be deferred until 31 December 2008. The above provisions shall only apply to companies that have effectively started working on the generation or acquisition of the required data before 1 January 2005.

6. transport policy 1. 31993 R 3118: Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions for the admission of non-resident carriers to national transport carriage of goods by road in a Member State (OJ L 279 of 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 of 19.3.2002, p. 1).

the) 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 are not permitted to carry out national transport carriage of goods in other Member States, and carriers established in the other Member States are not permitted to carry out national transport carriage of goods by road in Romania.

b) before the end of the third year following the date of accession, Member States shall notify the Commission whether they will prolong this period for a maximum of two years or if, thereafter, they will fully apply article 1 of the regulation. In the absence of such communication shall apply article 1 of the regulation. Only carriers established in those Member States where applicable article 1 of the regulation may perform national road transport of goods in other Member States it is also applicable to article 1 of the regulation.

c) Member States in which, by virtue of the provisions of subparagraph (b)), is article 1 of the regulation applies may resort to the procedure established by the end of the fifth year following the date of accession.

Whenever one of the Member States referred to in the previous paragraph make serious disturbance of the national market, or parts of it, due to the activity of cabotage or aggravated, for example a significant surplus of supply over demand or a threat to the financial stability or survival of a large number of road haulage companies , that Member State shall inform the Commission and the other Member States and provide them with all relevant information. Based on this information, the Member State may request the Commission to suspend, in whole or in part, from the application of article 1 of the regulation, so that the situation return to normal.

The Commission shall examine the situation on the basis of data provided by the Member State concerned and shall decide within one month of receipt of the request, whether to adopt safeguard measures. The procedure laid down in the second, third and fourth subparagraphs of paragraph 3, as well as the provisions laid down in paragraphs 4, 5 and 6 of article 7 of the regulation.

Any of the Member States referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of article 1 of the regulation, and shall submit to the Commission following a reasoned ex-post notification.

d) While article 1 of the regulation does not apply pursuant to subparagraphs (a)) and b), Member States may regulate access to their national road transport of goods by means of the exchange of progressive cabotage authorisations on the basis of bilateral agreements, including introducing the full liberalisation.

and) application of paragraph 1 (a)), b) and (c)) cannot cause an access to national road transport of goods more restrictive than that in force at the date of signature of the accession treaty.


2.31996 L 0053: Council Directive 96/53/EC of 25 July 1996 laying down the maximum authorized dimensions in national and international traffic and the maximum authorised weights in international traffic for certain road vehicles circulating within the Community (OJ L 235 of 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 of 9.3.2002, p. 47).

By way of derogation from paragraph 1 of article 3 of Directive 96/53/EC, vehicles complying with the limit values of categories 3.2.1, 3.4.1, 3.4.2.. and 3.5.1. specified in annex I to that directive may only use non-upgraded parts of the Romanian road network until 31 December 2013 if they comply with the limits of maximum axle load Romanians.

From the date of accession, no restrictions may be imposed on the use, by vehicles complying with the requirements of Directive 96/53/EC, of the main traffic routes indicated in annex 5 of the agreement on transport between the EC and Romania 1 and in annex I of 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, and will: 1. Alba Iulia – Turda – Zalău – Satu Mare – Halmeu (road E 81) 2. Zalău – Oradea – Borş () (1:00 and roads and 60) 3. Mărăşeşti – Bacău – Suceava – Siret (road E 85) 4. Tişiţa – Tecuci – Albiţa – Huși (road and 581) 5. Simeria – Haţeg – Rovinari – Craiova – Calafat (road E 79) 6. Lugoj – Karánsebes – Drobeta-urnu Severin – Filiaşi – Craiova (road E 70) 7. Craiova – Alexandria – Bucureşti (road 6) 8. Drobeta-Turnu Severin – Calafat (road 56 A) 9. Bucureşti – Buzău (roads E 60/E 85) 10. Bucureşti-Giurgiu (roads E 70/E 85) 11. Brasov – Sibiu (road E 68) 12. Timişoara-Stamora Moraviţa Romania will fulfill the schedule in the table below to modernise your secondary road network as set out in the map below. All infrastructure investments involving the use of funds from the Community budget shall ensure that the arteries are constructed or upgraded in order to be able to withstand a load of 11.5 tonnes per axle.

Together with the completion of the upgrading, there shall be a progressive opening of the secondary Romanian road network for vehicles in international traffic complying with the limit values set out in the directive. For the purposes of loading and unloading, where technically possible, is permitted to use non-upgraded parts of the secondary road network throughout the transitional period.
1 Road Transit Agreement between the European Community and Romania concerning the carriage of goods of 28 June 2001 (OJ L 142 of 31.5.2002, p. 75).
2 OJ L 228 of 9.9.1996, p. 1. Decision as last amended by decision 884/2004 No./EC (OJ L 167 of 30.4.2004, p. 1). From the date of accession, all vehicles in international traffic complying with the limit values set out in Directive 96/53/EC shall be subject to temporary additional charges for the use of the secondary Romanian road network if they exceed the national limits of axle load. These vehicles shall not be subject to such temporary additional charges for the use of the secondary Romanian road network if they exceed the national limits to the size or total weight of the vehicle. In addition, these vehicles in international traffic complying with the limit values set out in Directive 96/53/EC and fitted with air-suspension will be subject to lower rates by at least 25%.

Will be charged, in a non-discriminatory way, temporary additional charges for using non-upgraded parts of the secondary road network for vehicles in international traffic complying with the limit values set out in the directive. The regime of fees should be transparent, and payment of fees must not lead to administrative burdens or excessive delays for the user nor a systematic control of axle load limits at the border. The application of load limits on the shaft should be assured in a non-discriminatory manner throughout the territory and be effective also as regards vehicles registered in Romania.

The charges for vehicles without air-suspension complying with the limit values set out in Directive 96/53/EC shall not exceed the level of charges set out in the table below (expressed in 2002 numbers). Vehicles fitted with air-suspension complying with the limit values set out in Directive 96/53/EC shall be subject to lower rates by at least 25%.

Maximum rates (expressed in 2002 numbers) for vehicles without air-suspension complying with the limit values set out in Directive 96/53/EC declared Load per axle of a vehicle Amount of additional charge for use of one kilometre of road not modernized (with a maximum load capacity of 10 tonnes per axle) in EUR (2002 numbers) of 10 tonnes per axle to 10.5 tons per axle 0.11 of 10.5 tons per axle to 11 tonnes per axle to 11 tonnes per axle 0.30 up to 11.5 tons per axle 0.44 Calendar for the modernization of the secondary road network on which will be a progressive opening for vehicles complying with the limit values set out in Directive 96/53/EC 2007 2008 2009 2010 2011 2012 2013 TOTAL Period Km ongoing 1 3 031 2 825 1 656 1 671 1 518 1 529 1 554 Km put into service 2 960 1 674 528 624 504 543 471 cumulated Works (in km) 3 916 5 590 6 118 6 742 7 246 7 789 8 260 8 260 1 Km = road sections in progress in which work is carried out during the reference year. These works may start in the reference year or may have been begun in previous years. 2 Km put into service = road sections whose works were completed or which were placed in service during the reference year.


Urziceni ILIA E79 TUSNAD CAREI Nusfalau Virfurile MARGHITA NUCET HUNEDOARA Sarmisegetuza BAILE HERCULANE BAIA DE ARAMA Carasova 58 ORAVITA MOLDOVA NOUA Bozovici Pojejana57A Socol Naidas Gradinari 57B 57 57 E70 Topleta ORSOVA Berzeasca 57 56B E771 E70 Iablanita 57B ANINA 6 76 67D Dragesti Les NADLAC Biled Carpinis SINNICOLAU MARE 59C 59B JIMBOLIA Lovrin 6 Cenad E68 E68 7 Capruta LIPOVA69 58B MORAVITA E70 DETA Voiteg 59 Berzovia SUBHASISH TIMISOARA E671 59A Ortisoara Avenges OTELU ROSU CARANSEBES and LUGOJ E70
7 0 58

Saceni 6 68 E673 Savirsin 58A RESITA Faget 68th Cosava 7 Inana SALONTA CRIS79A E671 ARAD CHISINEU-Nadab Turnu VARSAND 79 79A Paulis E671 79A INEU Gurahont E79 E79 Copaceni 76 VASCAU Pocola BEIUS E60 BORS Sacueni Baile Felix ORADEA ALESD E60 1 19 1:00 Biharia of Valea lui Mihai Supiacu 19B Bacau 19 1F VALENII CataloiIancaBUZAUVernesti Domnestilui 22D73C67A E79 Neag Schitu PLOIESTI Adunatii-Copaceni OTOPENI DE MUNTE Calugareni 41 64 OCNELE MARI Babeni Dobroteasa DRAGASANI CARACAL BrincoveniBALSE79 56 CALAFAT Rast Maglavit Cetate 56th E79 55A Dabuleni Bechet 54A 55 Rodovan CRAIOVA 6 Read Bumbesti-Jiu Pesteana Scoarta-MOTRU E7 9 Brosteni TURNU SEVERIN VINJU MARE 67A Simian 6 Floresti DROBETA 67 STREHAIA FILIASI Pieptani 67D 67 67 66 Runcu TIRGU JIU Jiu-ROVINARI 66 BalcestiTintareni Hurezani67B Ganeasa 65 c E70 Giulesti HOREZU Gradistea Maldaresti TIRGU CARBUNESTI Cimpu Mare Bengesti PolovraciNOVACI GOVORA 67B 65 c 64 67 64 BALL of TURNU MAGURELE SEAL Clejani ROSIORII CORABIA E70 54 52 54 Stoenesti Daneasa 65A 6 65A GIURGIU Smirdioasa ZIMNICEA 51 51st E85 Draganesti Vlasca E70 5 c 6 E705B Ghimpati ALEXANDRIA Daia E85 5 661 Dragomiresti 72A CerbuVedea 67B Ungheni SLATINA 65 E574 COSTESTI Redea 65A E70 CURTEA DE ARGES E81 7 c RIMNICU VILCEA Budau 73C PITESTI E574 E60 Bildana Cringasi 73 7 Golesti Crevedia Mare TITU GAESTI 7 A1 BUFTEA 1 TIRGOVISTE I.L. Caragiale 72 71 FIENI 1A 1 A2 CIMPINA 72 21 3 Vlad Tepes Cuza Budesti 4 Minastirea OLTENITAGreaca 3B CALARASI Ostrov Voda 31 Baneasa Corvin 3 Cilibia Pogoanele 2A Fundulea E85 E60 Pasarea Branesti 2 3 Gara Lehliu Lehliu URZICENI E60 Malu Costesti MIZIL Albesti 1B 1 d 2 c 2B 3A E85 SLOBOZIA Drajna TANDAREI 21 Dragalina Stefan Voda 3A Amara 2 c FETESTI Facaeni 3B Insuratei Grivita FAUREI GIURGENI 21A E577 2B 21 22 c CONSTANTA COSTINESTI MANGALIA NORD EFORIE NEPTUN JUPITER EFORIE SUD Vama Veche E87 E675 Ovidiu Cobadin Amzacea Negru voda 38 Pietreni Murfatlar E87 VENUS SATURN Agigea 39 BABADAG Capul Midia NAVODARI Mihai Scraiu Mihail Kogalniceanu CERNAVODA 2A E60 E87 22D 22 22B Viteazu Horia Nalbant Ciucurova Rohman 22A E87 Cerna Caugagia Topolog 22D Varful Cimpului Cracaoani Praxia 2222A Tarcau Ghimes-Faget MIERCUREA CIUC COMANESTI BUZAULUI INTORSATURA Ungureni Maneciu-E85 15E576 BORSECDedaZimbar DRESS BUCURESTI 29A MEDIAS Axente Sever Blajel TIRNAVENI COPSA in MICA Criscior 14B74 15 7APETROSANI Pui HATEG URICANI HEDGES Cimpu Cirnesti E79 66 66 66A SIMERIA CALAN 68B SHOULD Soimus 76 Obirsia Lotrului ORASTIE ZLATNA 7 Talmaciu has Voineasa BREZOI 7A
7 Malaysian E81 E81 1/E68 7 57C Sugag SIBIU 14 ALBA IULIA Buru Buces 74 BRAD Arieseni Albac CIMPENI Lupsa ABRUD Bucium 75 1 1 g 1F CIMPIA TURZIITURDA HUEDIN BLAJ Teius 1 14B AIUD Miraslau E81 14A Iernut E60 CLUJ NAPOCA Apahida E60 Dimbu Camarasu 16 Rascruci Hoghiz RUPEA 73A Bilea Lac Sercaia Poienari 7 c CIMPULUNG Rucar E574 Voila Cirtisoara 1 Avrig Sinca Veche FAGARAS E68 1 10BRASOV PREDEAL SINAIA COMARNIC Moroeni 71 E60 RISNOV Bran 73 73A 1A Full SACELE SFINTU GHEORGHE E68 CODLEA 13 E574 Reci Chichis Prejmer 11 12 13A TOPLITA TIRGU SECUIESC SZÉKELYUDVARHELY Corund 13AMURES Praid SIGHISOARA Singeorgiu DUMBRAVENI Balauseri E6 13 14 0 15 15 15 REGHIN16 the Lupeni TIRGU SOVATA BAILE TUSNAD VLAHITA Sinmartin Cozmeni 11B Sindominic GHEORGHIENIJoseni 13B Ditrau 12 12 12A BICAZ Lacu Rosu 12 c VISEU DE SUS MARMATIEIPetea Romuli Livada SIGHETU E81 1 c E58 OAS Somcul Mare Sinmihaiu Sarmasag Romanasi Almasului Surduc E8 SIMLEU SILVANIEI ZALAU 1 1F Tihau JIBOU Supuru de jos 1:00 1:00 SATU MARE Arded E81 19A Dorolf E671 Satulung E671 1 c 1 c 17 c 1 Seini Vama GHERLA 71 c Gilgau Rastoci E58 DEJ and 5 7 6 17 17 d Feresti Cosbuc BAIA SPRIE BAIA MARE 18 Mara 18 Sacel E81/E58 1 c HALMEU Tarna Mare 19 Sapinta Vicovu de Sus RADAUTI DORNEI VATRA E5 IacobeniRodna 76 Birgaului SINGEORZ-BAI Prundu 17 c BISTRITA NASAUD and 5 8 17 17 d 18 Cirlibaba Moisei Borsa Chiril Brosteni 17B Borca 15B Poiana Largului 15 CIMPULUNG MOLDOVENESC Vatra Moldovitei GURA HUMORULUI Vama Sucevita 5 8Ilisesti 17 and 17A Marginea SIRET E85 2 Drains E581ROMAN15D 29 c 26 HUSI Foltesti Smirdan Tulucesti E581Bretcu Oancea Falciu FOCSANI MARASESTI 2D Nehoiu Cislau Ciuta Siriu RIMNICU SARAT Lepsa Independenta 25 10 2D Vidra Balta Alba22 Sarat Lacu Sendreni 2 Traian BRAILA Movila Miresii 2B GALATI Gara Berheci TECUCI E85 Hanu Conachi 24 BACAU Secuieni 15 d 2GScorteni Sanduleni TIRGU OCNA Oituz 11 SLANIC MOLDOVA Darmanesti MOINESTI 11A 12B ONESTI E574 E85 PIATRA NEAMT 15 BUHUSI Sirbi BIRLAD ADJUD Podu Turcu 11A 24A 26 Murgeni Zorleni E581 VASLUI Vulturesti 15 d Dragomiresti 2F NEGRESTI Crasna ALBITE 24B ISACCEA 24B Garvan MACIN 22 2B E87 24A E58 E583 Stanca29B/E583 Stefanesti TIRGU FRUMOS Nicolae Balcescu Miclauseni PASCANI Sabaoani TIRGU NEAMT Dobreni 15 c 15 c Game Strunga Ruginoasa 28 28A SUCEAVA 29 c 29 Rutani FALTICENI BOTOSANI E58 HIRLAU 28B 29D BUCIUM Vinatori SCULENI IASI 28 24 28 IloaieiE58 Podu Prut Radauti DARABANI George Enescu DOROHOI 29A Manoleasa SĂVENI Ungureni 29 TULCEA HIRSOVA SERBIA MUNTENEGRU OTHER NATIONAL ROADS REHABILITATION-PROJECTS TO BE COMPLETED BY 2013 MTCT AND Stages I-XIII Length = 8 260 km Value = 1000 Euro 6 489.3 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 of 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 Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236 of 23.9.2003, p. 33).

By way of derogation from paragraph 1 of article 6 of Directive 1999/62/EC, the minimum tax rates laid down in annex I to the directive shall not apply in Romania to vehicles engaged exclusively in domestic transport services until 31 December 2010.

During this period, the rates to be applied by Romania to these vehicles will reach gradually the minimum laid down in annex I of the directive, in accordance with the following timetable: – until 1 January 2007, the rates to be applied by Romania shall not be less than 60% of the minima laid down in annex I to Directive;

-until 1 January 2009, the rates to be applied by Romania shall not be less than 80% of the minima laid down in annex I to 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 of 1.5.2004, p. 35).

For the purposes of point (b)) of paragraph 3 of article 28 of Directive 77/388/EEC, Romania may continue to exempt from value added tax on international transport of passengers, referred to in point 17 of Annex F to the directive, to be filled in the condition provided for in paragraph 4 of article 28 of the directive or as long as the same exemption is applied by any of the present Member States , whichever is the earlier.

2.31992 L 0079: Council Directive 92/79/EEC of 19 October 1992 on the approximation of taxes on cigarettes (OJ L 316 of 31.10.1992, p. 8), as last amended by: – 32003 L 0117: Council Directive 2003/117/EC of 5.12.2003 (OJ L 333 of 20.12.2003, p. 49).

By way of derogation from paragraph 1 of article 2 of Directive 92/79/EEC, Romania may postpone until 31 December 2009 the application of the overall minimum excise duty on the retail selling price (inclusive of all taxes) for cigarettes of the price class more sold, provided that during this period, the gradual adjustment of its excise rates the overall minimum excise duty provided for in the directive.

Without prejudice to article 8 of Directive 92/12/EEC of 25 February 1992 on the General arrangements, holding, movement and monitoring of products subject to excise duty 1, and after informed the Commission, Member States may, as long as the above derogation applies, maintain the same quantitative limits applied to imports from third countries for cigarettes which may be brought into their territories from Romania without payment of excise duty. 1 the Member States OJ L 76 of 23.3.1992, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122 of 16.5.2003, p. 36).

opt for this possibility may carry out the necessary checks provided that these do not affect the proper functioning of the internal market.

3.32003 L 0049: Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (OJ L 157 of 26.06.2003, p. 49), as last amended by: – 32004 L 0076: Council Directive 2004/76/EC , of 29.4.2004 (OJ L 157 of 30.4.2004, p. 106).

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 tax rate applicable to the payment of interest and royalties to an associated company of another Member State or to a permanent establishment situated in another Member State of an associated company of a Member State may 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 of 31.10.2003, p. 51), as last amended by: – 32004 L 0075: Council Directive 2004/75/EC of 29.4.2004 (OJ L 157 of 30.4.2004 , p. 100).

the) by way of derogation from article 7 of Directive 2003/96/EC, Romania may apply the following transitional periods: – until 1 January 2011 to adjust the national level of taxation on unleaded petrol used as fuel the minimum level of EUR 359 per 1000 litres. The effective tax rate applied to unleaded petrol used as fuel shall not be less than EUR 323 per 1000 litres from 1 January 2008, – until 1 January 2013 to adjust the national level of taxation on gas oil used as fuel the minimum level of EUR 330 per 1000 litres. The effective tax rate applicable to gas oil used as 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) by way of derogation from article 9 of Directive 2003/96/EC, Romania may apply the following transitional periods: – until 1 January 2010 to adjust its national level of taxation on natural gas for heating purposes in non-business use the minimum level of taxation laid down in annex I, table C, – until 1 January 2010 to adjust its national level of taxation on 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 adjust the national levels of taxation of the heavy fuel oil used for other purposes to the minimum levels of taxation laid down in annex I, Table c.

The effective tax rate applied to the heavy fuel oil 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 adjust its national level of taxation of electricity to the minimum levels of taxation laid down in annex I, Table c. The effective tax rates applied to electricity must not be less than 50% of the relevant Community minimum rate as from 1 January 2007.



31968 L 0414 energy 8: Council Directive 68/414/EEC of 20 December 1968, imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products (OJ L 308 of 23.12.1968, p. 14), as last amended by 31998 L 0093: Council Directive 98/93/EC , of 14.12.1998 (OJ L 358 of 31.12.1998, p. 100).

By way of derogation from paragraph 1 of article 1 of Directive 68/414/EEC, the minimum level of stocks of petroleum products shall not apply in Romania until 31 December 2011. Romania shall ensure that your minimum stocks of petroleum products corresponds, for each of the categories of petroleum products listed in article 2, to at least average daily internal consumption as defined in paragraph 1 of article 1, the following number of days:-68.75 days until 1 January 2007; -73 days until 31 December 2007; -77.25 days until 31 December 2008; -81.5 days until 31 December 2009; -85.45 days until 31 December 2010; -90 days until 31 December 2011.

9. The ENVIRONMENT. AIR QUALITY


31994 L 0063: Council 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 your distribution from terminals to service stations (OJ L 365 of 31.12.1994, p. 24), as amended by: – 32003 R 1882 : Commission Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284 of 31.10.2003, p. 1).

1. By way of derogation from article 3 and annex I of Directive 94/63/EC, the requirements for existing storage installations at terminals shall not apply in Romania: – until 31 December 2007 to 115 storage installations at 12 terminals and until 31 December 2008 the 4 storage installations at a terminal with a throughput loaded greater than 25000 tonnes/year but less than or equal to 50 000 tonnes/year;

– until 31 December 2007 to 138 storage installations at 13 terminals, until 31 December 2008 to 57 storage installations at 10 terminals and until 31 December 2009 in 526 storage installations at 63 terminals with a throughput loaded less than or equal to 25000 tonnes/year.

2. By way of derogation from article 4 and annex II of Directive 94/63/EC, the requirements for loading and unloading of existing mobile containers at terminals shall not apply in Romania: – until 31 December 2007 to 36 loading and unloading installations at 12 terminals with a throughput loaded greater than 25000 tonnes/year but less than or equal to 150 000 tonnes/year;

– until 31 December 2007 to 82 loading and unloading installations at 18 terminals, until 31 December 2008 to 14 loading and unloading installations at 11 terminals and until 31 December 2009 to 114 loading and unloading installations at 58 terminals with a throughput loaded less than or equal to 25000 tonnes/year. 3. By way of derogation from article 5 of Directive 94/63/EC, the requirements for existing mobile containers at terminals shall not apply in Romania: – until 31 December 2007 to 31 road tankers;

-until 31 December 2008 to further 101 road tankers;

– until 31 December 2009 to further 432 road tankers.

4. By way of derogation from article 6 and annex III of Directive 94/63/EC, the requirements for the existing storage installations at service stations shall not apply in Romania: – until 31 December 2007 to 116 service stations, until 31 December 2008 to further 19 service stations and until 31 December 2009 to over 106 service stations with a throughput greater than 1000 m 3/ano;

– until 31 December 2007 to 49 service stations, until 31 December 2008 to over 11 service stations and until 31 December 2009 to over 85 service stations with a throughput greater than 500 m 3/ano and less than or equal to 1000 m 3/ano;

– until 31 December 2007 to 23 service stations, until 31 December 2008 the most 14 service stations and until 31 December 2009 the more 188 service stations with a throughput less than or equal to 500 m 3/ano.

B. WASTE MANAGEMENT 1. 31993 R 0259: Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ L 30 of 6.2.1993, p. 1), as last amended by:-32001 R 2557: Commission Regulation (EC) no 2557/2001 of the Commission , of 28.12.2001 (OJ L 349 of 31.12.2001, p. 1).

a) until 31 December 2015, all shipments to Romania of waste for recovery listed in annex II to Regulation (EEC) No 259/93 shall be notified to the competent authorities and processed in accordance with articles 6, 7 and 8 of the regulation.

b) by way of derogation from paragraph 4 of article 7 of Regulation (EEC) No 259/93, the competent authorities of Romania may, until 31 December 2011, to raise objections to shipments to Romania for recovery of the following wastes listed in annex III, basing those objections pursuant to paragraph 3 of article 4 of the regulation. Such transfers are subject to article 10 of the regulation.

AA. METAL-BEARING WASTES AA 060  vanadium ashes and residues  AA 080 Residues thallium waste, scrap and  AA 090 arsenic waste and Residues  AA 100 mercury waste and scrap of  AA 130 liquors from the pickling of metals AB. WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, which may contain metals and ORGANIC MATERIALS AB 010  ash and residues, not elsewhere specified or included  AB 020 residues arising from the incineration of municipal/household wastes  AB 030 wastes from non-cyanide based systems which arise from surface treatment of metals  AB 040 glass waste from cathode-ray tubes and other activated glasses  AB 050 calcium fluoride sludges  AB 060 Other inorganic fluorine compounds in the form of liquids or sludges  AB 080 spent catalysts not on the green list  AB 090 Waste hydrates of aluminium AB 110 basic Solutions   AB 120 halogenated inorganic compounds, not elsewhere specified or included AC. OTHER WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, which may contain metals and inorganic materials AC 040  leaded gasoline sludges  AC 050 thermal Fluid (heat transfer)  AC 060 hydraulic fluids AC 070 brake Fluids    AC 080 antifreeze Fluids AC 090 waste from production , formulation and use of resins, latex, plasticisers, glues and adhesives Nitrocellulose   AC 100 AC 110 Phenols, phenol compounds including chlorophenol in the form of liquids or sludges  AC 120 AC 140 specifically Naphthalene  triethylamine catalysts of foundry sands AC 150 chlorofluorocarbons    AC 190 AC 160 Halons wastes from mechanical destruction of cars (light fraction : plushes, fabrics, plastic waste, etc.)  AC 200 organic phosphorous compounds non-halogenated Solvents 210 AC    AC AC 220 Halogenated Solvents waste 230 halogenated or unhalogenated non-aqueous distillation from organic solvent recovery operations  AC 240 wastes arising from the production of aliphatic halogenated hydrocarbons (such as chloromethanes, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride and epichlorhydrin)  AC 260 pig manure;  droppings AC 270 Sewage Sludge


AD. WASTES which MAY CONTAIN ORGANIC or INORGANIC MATERIALS  AD 010 wastes from the production and preparation of pharmaceutical products AD 020  wastes from production, formulation and use of biocides and plant protection products  AD 030 wastes from the manufacture, formulation and use of wood-preserving chemicals wastes containing, consisting of or contaminated with one of the following substances :  AD 040-Inorganic cyanides, excepting precious metal-bearing residues in solid form containing traces of inorganic cyanides AD 050-organic Cyanides   AD 080 Wastes of an explosive nature not subject to other legislation AD 110 acidic solutions   AD 120 ion-exchange resins  AD 130 single-use cameras with batteries  AD 140 wastes from industrial pollution control devices for cleaning of industrial off-gases, not elsewhere specified or included  AD 150 naturally occurring organic material used as a filter medium (such as biofilters)  AD 160 municipal/household wastes  AD 170 spent activated carbon with hazardous characteristics from the industries of organic and inorganic chemicals and pharmaceutical industry, waste water treatment, gas/air cleaning and similar applications This period may be extended until 31 December 2015 at the latest, in accordance with article 18 of Directive 75/442/EEC of 15 July 1975 on waste 1, as amended by Directive 91/156/EEC 2.

c) by way of derogation from paragraph 4 of article 7 of Regulation (EEC) No 259/93, the competent authorities of Romania may, until 31 December 2011, to raise objections to shipments to Romania of waste for recovery listed in annex IV to the regulation and shipments of waste for recovery not listed in the annexes to the regulation, basing those objections pursuant to paragraph 3 of article 4 of the regulation. This period may be extended until 31 December 2015 at the latest, in accordance with article 18 of Directive 75/442/EEC of 15 July 1975 on waste 3, as amended by Directive 91/156/EEC 4.

d) by way of derogation from paragraph 4 of article 7 of Regulation (EEC) No 259/93, the competent authorities of Romania may raise objections to shipments of waste for recovery listed in annexes II, III and IV to the regulation and shipments of waste for recovery not listed in those annexes to an installation with a derogation 1 OJ L 194 of 25.7.1975 , p. 39. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284 of 31.10.2003, p. 1).
2 OJ L 78 of 26.3.1991, p. 32. 3 OJ L 194 of 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284 of 31.10.2003, p. 1).
4 OJ L 78 of 26.3.1991, p. 32.

for certain temporary provisions of Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control 1, of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of 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 air from large combustion plants 3, during the period of application of the derogation to the facility of destination.

2.31994 L 0062: Council Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365 of 31.12.1994, p. 10), as 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 of 18.2.2004 , p. 26).

the) Notwithstanding subparagraph 3 (a)) of paragraph 1 of article 6 of Directive 94/62/EC, Romania shall attain the overall rate for recovery or incineration at waste incineration plants with energy recovery until 31 December 2011 in accordance with the following intermediate targets: – 32% by weight until 31 December 2006, 34% in 2007 , 40% in 2008, 45% for 2009 and 48% in 2010.

b) by way of derogation from point (b)) of paragraph 1 of article 6 of Directive 94/62/EC, Romania shall attain the overall rate for recovery or incineration at waste incineration plants with energy recovery until 31 December 2013, in accordance with the following intermediate targets: 1 OJ L 257 of 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and the Council (OJ L 284 of 31.10.2003, p. 1).
2 OJ L 332 of 28.12.2000, p. 91. 3 OJ L 309 of 27.11.2001, p. 1. Directive as last amended by the 2003 Act of accession (OJ L 236 of 23.9.2003, p. 33).

-53% by weight in 2011 and 57% in 2012.

c) by way of derogation from point (c)) of paragraph 1 of article 6 of Directive 94/62/EC, Romania shall attain the recycling target for plastics until 31 December 2011 in accordance with the following intermediate targets: – 8% by weight until 31 December 2006, 10% for 2007, 11% for 2008, 12% in 2009 and 14% in 2010.

d) by way of derogation from point (d)) of paragraph 1 of article 6 of Directive 94/62/EC, Romania shall attain the overall recycling target until 31 December 2013, in accordance with the following intermediate targets: – 26% in weight up to 31 December 2006, 28% for 2007, 33% for 2008, 38% for 2009, 42% in 2010, 46% for 2011 and 50% by 2012.

e) by way of derogation from point (e)) i) of paragraph 1 of article 6 of Directive 94/62/EC, Romania shall attain the recycling target for glass up to 31 December 2013 in accordance with the following intermediate targets: – 21% in weight up to 31 December 2006, 22% in 2007, 32% in 2008, 38% in 2009, 44% in 2010 , 48% in 2011 and 54% in 2012.

f) by way of derogation from point (e)) iv) of paragraph 1 of article 6 of Directive 94/62/EC, Romania shall attain the recycling target for plastics, counting exclusively material that is recycled in the form of plastics, until 31 December 2013, in accordance with the following intermediate targets: – 16% by weight in 2011 and 18% in 2012.

g) by way of derogation from point (e)) v) of paragraph 1 of article 6 of Directive 94/62/EC, Romania shall attain the recycling target for wood until 31 December 2011 in accordance with the following intermediate targets:


-4% by weight until 31 December 2006, 5% for 2007, 7% for 2008, 9% for 2009 and 12% in 2010.

3.31999 L 0031: Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182 of 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 of 31.10.2003, p. 1).

the) by way of derogation from article 14 (c)) and 2 points, 3, 4 and 6 of annex I to Directive 1999/31/EC and without prejudice to Directive 75/442/EEC of 15 July 1975 on waste 1, and Directive 91/689/EEC of 12 December 1991 on hazardous waste 2
the requirements regarding control of water and leachate management, protection of soil and water, gas control and stability shall not apply to 101 existing municipal landfills in Romania until 16 July 2017.

Romania shall ensure a gradual reduction of waste deposited in these 101 existing non-compliant municipal landfills in accordance with the following annual maximum quantities: – until 31 December 2006:3 470 000 tonnes; – until 31 December 2007:3 240 000 tonnes; -until 31 December 2008:2 920 000 tonnes; – until 31 December 2009:2 920 000 tonnes; -until 31 December 2010:2 900 000 tonnes; -until 31 December 2011:2 740 000 tonnes; -until 31 December 2012:2 460 000 tonnes; -until 31 December 2013:2 200 000 tonnes;
1 OJ L 194 of 25.7.1975, p. 39. Directive as amended by Directive 91/156/EEC, and as last amended Commission Regulation (EC) No 1882/2003 (OJ L 284 of 31.10.2003, p. 1).
2 OJ L 377 of 31.12.1991, p. 20. Directive as last amended by Directive 94/31/EC (OJ L 168 of 2.7.1994, p. 28).

-until 31 December 2014:1 580 000 tonnes; -until 31 December 2015:1 420 000 tonnes; -until 31 December 2016:1 210 000 tonnes.

b) by way of derogation from article 6(1)(a)) and b) of paragraph 3 of article 5 and of the second indent of point 2 of annex I to Directive 1999/31/EC and without prejudice to subparagraph (c)) ii) of article 6 of that directive and Directive 75/442/EEC, the requirements for liquid, corrosive and oxidising waste relating to the prevention of the infiltration of surface water in the waste deposited shall not apply in Romania to the following 23 existing facilities until the date indicated for each plant: Until 31 December 2007:1. S.c. BEGA UPSOM Ocna Mureş, Ocna Mureş, Alba county Until 31 December 2008:2. S.c. TERMOELECTRICA SA-SE Doiceşti, Doiceşti, Romania 3. S.c. COMPLEXUL ENERGETIC ROVINARI SA, Cicani-Beterega, Romania 4. RAAN Drobeta-Turnu Severin-Sucursala ROMAG – TERMO, Drobeta-Turnu Severin, Mehedinţi County Until December 31 2009:5. COMPLEXUL ENERGETIC CRAIOVA-SE Craiova, Valea Mănăstirii, Dolj District 6. COMPLEXUL ENERGETIC CRAIOVA-SE Işalniţa, Işalniţa II, Dolj District 7. COMPLEXUL ENERGETIC CRAIOVA-SE Işalniţa, Işalniţa I, Dolj district 8. S.c. ELECTROCENTRALE DEVA SA-SE Paroşeni, Căprişoara, Romania 9. S.c. TERMICA SA Suceava, Suceava, and Mandal situated Romania Until 31 December 2010:10. S.c. ELECTROCENTRALE DEVA SA, Bejan, Hunedoara 11 district. S.c. ALUM Tulcea, Tulcea, Tulcea district Until 31 December 2011:12. S.c. UZINA TERMOELECTRICĂ GIURGIU SA, Giurgiu, Giurgiu County Until 31 December 2012:13. CET Bacău, Furnicari – Bacău, Romania 14. S.c. COMPLEXUL ENERGETIC TURCENI, Valea Ceplea, Romania 15. S.c. COMPLEXUL ENERGETIC TURCENI, Valea Ceplea, Romania 16. S.c. UZINELE SODICE Govora, Govora, Vâlcea County 17. S.c. CET Govora SA, Govora, Vâlcea County Until 31 December 2013:18. S.c. CET Arad, Arad, Romania 19. S.c. ELECTROCENTRALE ORADEA SA, Sântaul Mic, Bihor County 20. S.c. ELECTROCENTRALE ORADEA SA, Sântaul Mic, Bihor County 21. S.c. ELECTROCENTRALE ORADEA SA, Sântaul Mic, Bihor County 22. CET II Iaşi, Holboca, Romania 23. S.c. Uzina Electrică Zalău, Hereclean – Panic, Sălaj County Romania shall ensure a gradual reduction of liquid waste deposited in these 23 existing non-compliant facilities in accordance with the following annual maximum quantities: – until 31 December 2006:11 286 000 tonnes; – until 31 December 2007:11 286 000 tonnes; -until 31 December 2008:11 120 000 tonnes; – until 31 December 2009:7 753 000 tonnes; -until 31 December 2010:4 803 000 tonnes; -until 31 December 2011:3 492 000 tonnes; -until 31 December 2012:3 478 000 tonnes; -until 31 December 2013:520 000 tonnes.

c) by way of derogation from article 6(1)(a)) and b) of paragraph 3 of article 5 and of the second indent of point 2 of annex I to Directive 1999/31/EC and without prejudice to subparagraph (c)) (ii)) of that directive and Directive 75/442/EEC, the requirements for liquid, corrosive and oxidising waste relating to the prevention of the infiltration of surface water in the waste deposited shall not apply in Romania to the following 5 existing basins to date indicated for each basin: Until 31 December 2009:1. BĂIŢA Ştei, Fânaţe, Bihor County Until 31 December 2010:2. TRANSGOLD Baia Mare, Aurul-Recea, Maramureş, Romania 3. MINBUCOVINA Vatra Dornei, Ostra-Valea Straja, Suceava County Until 31 December 2011:4. CUPRUMIN Abrud, Valea Şesei, Alba county 5. CUPRUMIN Abrud, Valea Ştefancei, Alba county.

Romania shall ensure a gradual reduction of liquid waste deposited in these 5 existing basins not complying in accordance with the following annual maximum quantities: – until 31 December 2006:6 370 000 tonnes; – until 31 December 2007:5 920 000 tonnes (of which 2 100 000 tonnes of hazardous waste and 3 820 000 tonnes of non-hazardous waste); -until 31 December 2008:4 720 000 tonnes (of which 2 100 000 tonnes of hazardous waste and 2 620 000 tonnes of non-hazardous waste); – until 31 December 2009:4 720 000 tonnes (of which 2 100 000 tonnes of hazardous waste and 2 620 000 tonnes of non-hazardous waste);

-until 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); -until 31 December 2011:2 470 000 tonnes (all of non-hazardous waste).


d) by way of derogation from the second indent of subparagraph (g)) of article 2 of Directive 1999/31/EC and without prejudice to Directive 75/442/EEC and Directive 91/689/EEC, permanent installations used for temporary storage of hazardous waste produced in Romania are not considered landfills in Romania until 31 December 2009.

Romania shall submit to the Commission by 30 June each year, as of 30 June 2007, a report on the gradual implementation of the directive and compliance with these intermediate targets.

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 of 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 of 31.12.2003, p. 106).

By way of derogation from paragraph 5 of article 5 and paragraph 2 of article 7 of Directive 2002/96/EC, Romania shall attain the minimum rate of separate collection of four kilograms on average per inhabitant per year of WEEE from private households, the rate of recovery and the rate of reuse and recycling of components, materials and substances until 31 December 2008.

C. WATER QUALITY 1. 31983 L 0513: Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges (OJ L 291 of 24.10.1983, p. 1), as amended by 31991 L 0692: Council Directive 91/692/EEC of 23.12.1991 (OJ L 377 of 31.12.1991, p. 48);

-31984 L 0156: Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry (OJ L 74 of 17.3.1984, p. 49), as amended by 31991 L 0692: Council Directive 91/692/EEC , of 23.12.1991 (OJ L 377 of 31.12.1991, p. 48).

By way of derogation from article 3 and annex I of Directive 83/513/EEC and article 3 and annex I to Directive 84/156/EEC, the limit values for discharges of cadmium and mercury into the waters referred to in article 1 of 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 to the following industrial installations: ARIEŞMIN SA Baia de Arieş-Valea Sărtaş-Baia de Arieş-Alba county ARIEŞMIN SA Baia de Arieş-ape de mină – Baia de Arieş – Alba county in TURŢ – Turţ – Satu Mare SM BAIA BORŞA-evacuare ape de mină Gura Băii – Borşa – Romania SM BAIA BORŞA-evacuare ape de mină Burloaia-Borşa – Romania SM BAIA BORŞA-evacuare Colbu-Toroioaga-Borşa – district of Maramureş in BAIA SPRIE – Baia Sprie – Romania in CAVNIC-Cavnic-Romania in BĂIUŢ-Băiuţ-Romania S.C. Romplumb SA BAIA MARE-evacuare în canal de. transport-Baia Mare-Romania SUCURSALA MINIERĂ BAIA MARE-flota ţie centrală – Baia Mare-Romania 1 OJ L 129 of 18.5.1976, p. 23. Directive as last amended by Directive 2000/60/EC of the European Parliament and the Council (OJ L 327 of 22.12.2000, p. 1).

SM BAIA BORŞA-evacuare ape flotaţie-Borşa-Maramureş Romarm Tohan Zărneşti district-Zărneşti-Braşov district S.C. Viromet SA Victoria-Victoria-Braşov S.C. Electrocarbon SA Slatina-R 1 – Slatina – Olt S.C. Electrocarbon district SA Slatina-R 2-Slatina-Olt S.C. Electrocarbon district SA Slatina-R 3-Slatina-Olt S.C. Electrocarbon district SA Slatina-R 4-Slatina-Olt S.C. Electrocarbon district SA Slatina-R 5-Slatina-Olt S.C. Electrocarbon district SA Slatina-R 6-Slatina- Romania S.C. Electrocarbon SA Slatina-R 7-Slatina-Olt district S.C. GECSAT Târnăveni-Târnăveni-Mureş SGDP BAIA BORŞA district – Borşa – Maramureş SPGC SEINI district – Seini – Romania S.C. VITAL BAIA MARE-evacuare staţie-Baia Mare-Romania S.C. IMI SA BAIA MARE-evacuare staţie mina Gothandaraman-Baia Mare-Romania S.C. WEST CONSTRUCT MINA SOCEA – Valea Socea – Romania 2. 31984 L 0491: Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane (OJ L 274 of 17.10.1984, p. 11), as amended by 31991 L 0692: Council Directive 91/692/EEC of 23.12.1991 (OJ L 377 of 31.12.1991, p. 48).

By way of derogation from article 3 and annex I to Directive 84/491/EEC, the limit values for discharges of lindane into the waters referred to in article 1 of 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 the following industrial facilities: 1 OJ L 129 of 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 of 22.12.2000, p. 1).

S.c. Sinteza SA Oradea – Oradea – Bihor County S.C. OLTCHIM SA Râmnicu Vâlcea – Râmnicu-Vâlcea – Vâlcea County S.C. CHIMCOMPLEX SA Borzeşti – Borzeşti – Bacău county 3. 31986 L 0280: Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in list I of the annex to Directive 76/464/EEC (OJ L 181 of 4.7.1986, p. 16), as last amended by 31991 L 0692: Council Directive 91/692/EEC of 23.12.1991 (OJ L 377 of 31.12.1991 , p. 48).

By way of derogation from article 3 and annex II to Directive 86/280/EEC, the limit values for discharges of hexachlorobenzene, hexachlorobutadiene, 1.2-dichloroethane, trichloroethylene and trichlorobenzene in the waters referred to in article 1 of 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 to the following industrial installations:


S.c. NUTRISAM SATU MARE-Ferma MOFTIN-Satu Mare-Satu Mare S.C. MARLIN SA ULMENI – Ulmeni – Romania S.C. PROMISED – Satu Mare – Romania ARDUDANA ARDED-Arded – Romania SM BAIA BORŞA-evacuare ape de mină Gura Băii – Borşa – Romania SM BAIA BORŞA-evacuare Colbu-Toroioaga-Borşa – Maramureş ERS CUG CLUJ district-evacuare 3-Cluj-Napoca-Romania S.C. ARMĂTURA CLUJ-6 evacuări directe-Cluj-Napoca-Romania SUCURSALA MINIERĂ BAIA MARE-flota centrală ţie- Baia Mare-Romania S.C. OLTCHIM SA – Râmnicu Vâlcea – Vâlcea County 1 OJ L 129 of 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 of 22.12.2000, p. 1).

S.c. CHIMCOMPLEX SA Borzeşti-M 1-Borzeşti-Bacău S.C. Electrocarbon district SA Slatina-R 2-Slatina-Romania CLUJ evacuare staţie S.C. THERAPY – 3 + staţie 2-Cluj-Napoca-Romania S.C. PHOENIX ROMÂNIA CAREI-Carei-Satu Mare S.C. SILVANIA ZALĂU – Zalău – Sălaj County SNP PETROM SA-ARPECHIM Piteşti – Piteşti – Argeş S.C. TEHNOFRIG CLUJ district-evacuare 1-Cluj-Napoca-RBG ELCOND ZALĂU Romania – Zalău – Sălaj County S.C. MUCART CLUJ-Cluj-Napoca-district S.C. CELHART DONARIS SA Cluj Brăila – Brăila – Brăila County STRATUS MOB SA Blaj – Blaj – Alba county 4. 31991 L 0271: Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135 of 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 of 31.10.2003, p. 1).

By way of derogation from articles 3 and 4 and of paragraph 2 of article 5 of Directive 91/271/EEC, the requirements for collecting systems and treatment of urban waste water shall not fully apply in Romania until 31 December 2018, in accordance with the following intermediate targets: – until 31 December 2013, shall be achieved compliance with article 3 of the directive in the agglomerations with a population equivalent of more than 10000;

-until 31 December 2015, must be achieved compliance with paragraph 2 of article 5 of the directive in the agglomerations with a population equivalent of more than 10000.

Romania shall ensure a gradual increase of collecting systems referred to in article 3 in accordance with the following minimum rates of the total population equivalent:-61% by 31 December 2010,-69% by 31 December 2013, 80% by 31-December 2015.

Romania shall ensure a gradual increase of wastewater treatment plants referred to in article 4 and paragraph 2 of article 5 in accordance with the following minimum rates of the total population equivalent:-51% until December 31, 2010-61% by 31 December 2013,-77% by 31 December 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 of 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 of 31.10.2003 , p. 1).

By way of derogation from paragraph 2 of article 5, and article 8 of part B and part C of annex I to Directive 98/83/EC, the values set for the following parameters shall not fully apply to Romania under the conditions set out below: – until 31 December 2010 for oxidisability in agglomerations between 10000 and 100 000 inhabitants;

-until 31 December 2010 for oxidisability and turbidity in agglomerations between 10000 and 100 000 inhabitants;

-until 31 December 2010 for oxidisability, ammonium, aluminium, pesticides; iron and manganese in agglomerations with more than 100 000 inhabitants;

-until 31 December 2015 for ammonium, nitrates, turbidity, aluminium, iron, lead, cadmium and pesticides in agglomerations with less than 10000 inhabitants;

-until 31 December 2015 for ammonium, nitrates, aluminium, iron, lead, cadmium, pesticides and manganese in agglomerations between 10000 and 100 000 inhabitants.

Romania shall ensure compliance with the requirements of the directive in accordance with the intermediate targets set out in the following table: Localities comply until December 31 2006 Populaçã the linked localida Total des Oxidabilid ade% Ammonium Nitrate% s% Turvaç% Aluminium% Iron% shall be cadmium, lead% Pesticides% s% Manganê 10000-59.5 93.7 100 001 100 000 111 73 87 83.8 78.4 98.2 93.4 96.4-100 100 100 100 200 000 14 85.7 92.9 92.9 78.6 92.9 > 200 9 000 100 100 100 100 TOTAL 88.9 88.9 88.9 88.9 77.8 1908 96.7 96.7 95.2 98.64 98.64 97.9 99.8 99.4 99.7 Localities complying by the end of 2010 Populaçã the linked localida Total des Oxidabilid ade% Ammonium Nitrate% s% Turvaç% Aluminium% Iron% shall be cadmium, lead% Pesticides% s% Manganê 10000-80.2 97.3 98.2 96.4 96.4 94.6 90 100 100 000 111 100 100 001 – 200 000 14 100 100 100 100 100 100 100 100 100 200 000 > TOTAL 1908 100 9 100 100 100 100 100 100 100 100 100 98.32 97.7 99.7 99.4 98.7 99.8 99.7 99.7 this derogation shall not apply to drinking water intended for food processing.

D. INDUSTRIAL POLLUTION And Risk Management 1. 31996 L 0061: Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ L 257 of 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 of 31.10.2003, p. 1).

By way of derogation from paragraph 1 of article 5 of Directive 96/61/EC, the requirements for licensing of existing installations shall not apply in Romania until the date indicated for each installation, at the premises listed below, with regard to the obligation to operate these installations in accordance with emission limit values, equivalent parameters or technical measures based on the best available techniques pursuant to paragraphs 3 and 4 of article 9: Until 31 December 2008:1. S.c. CARBID FOX SA Târnăveni (main activity 4.2) 2. S.c. AVICOLA SA Ferma Gârleni-Bac ău (main activity 6.6 a)) 3. S.c. EXPERT 2001 IMPEX SRLBistriţa-Năsăud (main activity 6.6)


Until 31 December 2009:4. S.c. UCM Reşiţa-Caraş-Severin (main activity 2.2) 5. S.c. SICERAM SA Mureş (main activity 3.5) 6. S.c. BEGA UPSOM SA Alba (main activity 4.2) 7. S.c. CELROM SA Mehedinţi (main activity 6.1) 8. S.c. COMCEH SA Călăraşi-Călăraşi (main activity 6.1 b) 9. S.c. ECOPAPER SA Zărneşti-Braşov (main activity 6.1 b) 10. S.c. RIFIL SA Neamţ (main activity 6.2) 11. S.c. AVICOLA SA Ferma Războieni-Iaşi (main activity 6.6 a) 12. S.c. AVIMAR SA Maramureş (main activity 6.6 a) 13. S.c. AVICOLA SA Iaşi-Ferma Leţcani-Iaşi (main activity 6.6 a) 14. COMBINATUL AGROINDUSTRIAL Curtici-Arad (main activity 6.6 b) 15. S.c. AVICOLA SA Slobozia Ferma Bora-Ialomi-Ialomiţa (main activity 6.6 a) 16. S.c. SUINTEST Oarja SA-Argeş (main activity 6.6 b, c) 17. S.c. AVICOLA SA Slobozia-Ferma Andrăşeşti-Ialomiţa (main activity 6.6 a) 18. S.c. AVICOLA SA Slobozia-Ferma Perieţi-Ialomiţa (main activity 6.6 a) 19. S.c. AVICOLA SA Slobozia-Ferma Gheorghe Doja-Ialomi-Ialomiţa (main activity 6.6 a) until 31 December 2010:20. S.c. ROMPLUMB SA Maramureş (main activity 2.5) 21. S.c. ROMRADIATOARE SA Braşov (main activity 2.5 b) 22. S.c. ELECTROMONTAJ SA Bucureşti (main activity 2.6) 23. HOLCIM (Romania)-Ciment Câmpulung Argeş (main activity 3.1) 24. S.c. ETERMED SA Medgidia-Constanţa (main activity 3.2) 25. S.c. CONGIPS SA (Azbest) Bihor (main activity 3.2) 26. S.c. HELIOS SA Aştileu-Bihor (main activity 3.5) 27. S.c. SOFERT SA Bacău (main activity 4.3, 4.2 b) 28. S.c. CHIMOPAR SA Bucureşti (main activity 4.1) 29. S.c. ANTIBIOTICE SA Iaşi (main activity 4.5) 30. S.c. ROMPETROL PETROCHEMICALS SRL Constanţa (main activity 4.1) 31. S.c. LETEA SA Bacău (main activity 6.1 a) 32. S.c. ZAHAR Corabia SA-Olt (main activity 6.4 b) 33. S.c. TARGO SRL Timiş (main activity 6.4) 34. S.c. SUINPROD Roman-Neam ţ (main activity 6.6 b) 35. S.c. LUCA SUINPROD SA Codlea-Braşov (main activity 6.6 b) 36. S.c. AVICOLA Costeşti Argeş-Argeş (main activity 6.6 b) 37. S.c. AVICOLA SA Platou Avicol Brad-Bacău (main activity 6.6 a) 38. S.c. AT GRUP PROD IMPEX SRL Olt (main activity 6.6 a) 39. S.c. AVICOLA SA Ferma Gherăieşti-Bacău (main activity 6.6 a) 40. S.c. CARNIPROD SRL Tulcea-Tulcea (main activity 6.6 b) 41. S.c. PIGCOM SA Satu Nou-Tulcea (main activity 6.6 b) 42. S.c. AGROPROD IANCU SRL Urziceni-Ialomi-Ialomiţa (main activity 6.6 b) 43. S.c. CRUCIANI IMPEX SRL Deduleşti-Brăila (main activity 6.6) 44. S.c. AGROFLIP Bonţida Cluj (main activity 6.6 b, c) 45. S.c. AVICOLA SA Slobozia Ferma Amara-Ialomiţa (main activity 6.6 a) 46. S.c. ISOVOLTA GROUP SA Bucureşti (main activity 6.7) 47. S.c. SAMOBIL SA Satu Mare (main activity 6.7) 48. S.c. ELECTROCARBON SA Slatina-Olt (main activity (6.8) 49. S.c. TRANSGOLD SA Baia Maramure tide Timiş (main activity 2.5) Until 31 December 2011:50. S.c. ORGANE DE ASAMBLARE SA Braşov (main activity 2.6) 51. HEIDELBERG CEMENT-Fieni Cement Dâmboviţa (main activity 3.1) 52. CARMEUSE România SA Argeş (main activity 3.1) 53. S.c. RESIAL SA Alba (main activity 3.5) 54. SOCIETATEA NATIONALĂ A PETROLULUI PETROM SA Sucursala Craiova, Combinatul Doljchim-Dolj (main activity 4.2, 4.1) 55. S.c. USG SA Vâlcea (main activity 4.2 d)) 56. S.c. ULTEX SA Ţăndărei-Ialomiţa (main activity 6.4 b)) 57. S.c. CARMOLIMP SRL Viştea de Sus-Sibiu (main activity 6.6 b)) 58. S.c. AVICOLA Buftea-Ilfov (main activity 6.6 a)) 59. S.c. AVICOLA SA Ferma Hemeiuş-Bacău (main activity 6.6 a)) 60. S.c. SUINPROD SA Zimnicea-Ferma Zimnicea-Teleorman (main activity 6.6 b)) 61. S.c. SUINPROD SA Bilciureşti-Dâmboviţa (main activity 6.6) 62. S.c. COMPLEXUL DE PORCI Brăila SA Baldovineşti-Brăila (main activity 6.6 b) 63. S.c. COMPLEXUL DE PORCI Brăila SA Tichileşti-Brăila (main activity 6.6 b) 64. S.c. AT GRUP PROD IMPEX SRL-Teleorman (main activity 6.6 a)) 65. S.c. KING HAUSE ROM Cornetu SRL Filiala Mavrodin-Teleorman (main activity 6.6 a)) 66. S.c. AVIKAF PROD IMPEX SRL Teleorman (main activity 6.6 a)) 67. S.c. SUINPROD SA Zimnicea-Ferma Dracea-Teleorman (main activity 6.6 b)) 68. S.c. ROMCIP Salcia – Teleorman (main activity 6.6 b)) 69. S.c. AVIPUTNA SA Goleşti-Vrancea (main activity 6.6 a)) 70. S.c. NUTRICOM SA Olteniţa Oltenitao-Călăraşi (main activity 6.6 b)) 71. S.c. PIGALEX SA Alexandria – Teleorman (main activity 6.6 b)) 72. S.c. PIC ROMÂNIA SRL Vasilaţi-Călăraşi (main activity 6.6 c)) 73. S.c. SUINTEST SA Fierbinţi-Ialomiţa (main activity 6.6 b)) 74. S.c. AGRIVAS SRL Vaslui (main activity 6.6 a)) 75. S.c. AVICOLA Buftea SA Punct de lucru Turnu Măgurele-Teleorman (main activity 6.6 a)) 76. S.c. C + C SA Reşiţa (main activity 6.6 b)) Until 31 December 2012:77. SNP PETROM SA Sucursala ARPECHIM Piteşti-Argeş (activities 1.2, 4.1) 78. S.c. ROMPETROL Rafinare SA Constanţa (activity 1.2) 79. COMBINATUL DE OŢELURI SPECIALE Târgovişte-Dâmboviţa (main activity 2.2, 2.3) 80. S.c. COMBINATUL DE UTILAJ GREU SA Cluj (main activity 2.2, 2.3 b) 81. S.c. IAIFO Zalău-Sălaj (main activity 2.3 b, 2.4) 82. S.c. ALTUR SA Olt (main activity 2.5) 83. CNCAF MINVEST SA DEVA Filiala DEVAMIN Exploatarea minieră Deva SA Deva-Hunedoara (main activity 2.5) 84. S.c. MONDIAL SA Lugoj-Timi Mureş (main activity 3.5) 85. S.c. MACOFIL SA Târgu Jiu-Gorj (main activity 3.5) 86. S.c. CERAMICA SA Iaşi (main activity 3.5) 87. S.c. FIBREXNYLON SA Neamţ (main activity 4.1 b, d; 4.2 b; 4.3) 88. S.c. CHIMCOMPLEX SA Borzeşti-Bacău (main activity 4.1 a, b, c, d, f; 4.2 b, c, d; 4.4) 89. S.c. PEHART SA Petreşti-Alba (main activity 6.1 b) 90. S.c. CAMPOFRIO SA Tulcea-TOBACCO (main activity 6.4 a) 91. S.c. AVICOLA SA Slobozia Ferma Ion Ghica-Ialomi-Constanţa (main activity 6.6 a) 92. S.c. AVICOLA SA Platou Avicol Aviasan-Bacău (main activity 6.6 a) 93. S.c. ITAL TRUST Racoviţă SA-Sibiu (main activity 6.6 b) 94. S.c. COMTIM GROUP SRL Ferma Parţa-Timiş (main activity 6.6 b) 95. S.c. COMTIM GROUP SRL Ferma Pădureni-Timiş (main activity 6.6 b) 96. S.c. COMTIM GROUP SRL Ferma Peciu Nou-Timi Timiş (main activity 6.6 b) 97. S.c. COMTIM GROUP SRL Ferma Periam-Timi Timiş (main activity 6.6 b) 98. S.c. COMTIM GROUP SRL Ferma Ciacova-Timi Timiş (main activity 6.6 b) 99. S.c. AVICOLA LUMINA SA-Constanţa (main activity 6.6 a)


Until 31 December 2013:100. S.c. UNIO SA Satu Mare (main activity 2.3 b) 101. S.c. ARTROM SA Slatina-Olt (main activity 2.3 b, 2.6) 102. S.c. IAR SA Braşov (main activity 2.6) 103. S.c. ARIO SA Bistriţa Năsăud (main activity 2.4) 104. S.c. LAFARGE ROMCIM SA Medgidia-Constanţa (main activity 3.1) 105. S.c. CARS SA Târnăveni-Mureş (main activity 3.5) 106. S.c. CASIROM SA Cluj (main activity 3.5) 107. S.c. TURNU SA Turnu Măgurele-Teleorman (main activity 4.3, 4.2 b) 108. S.c. COMBINATUL DE ÎNGRĂŞĂMINTE CHIMICE SA Năvodari-Constanţa (main activity 4.3) 109. S.c. AMBRO Suceava SA-Suceava (main activity 6.1 a, b) 110. S.c. ROMSUIN TEST Periş SA-Ilfov (main activity 6.6 a) 111. S.c. NUTRICOD Codlea Sucursala Sfântu Gheorghe-Covasna (main activity 6.6 b) 112. S.c. HADITON GRUP SRL Argeş (main activity 6.6 a) until 31 December 2014:113. S.c. PETROM SA Rafinăria PETROBRAZI-Prahova (activity 1.2) 114. S.c. RAFINĂRIA ASTRA ROMÂNĂ SA Ploieşti-Prahova (activity 1.2) 115. S.c. ROMPETROL Rafinăria VEGA-Prahova (activity 1.2) 116. S.c. PETROTEL LUKOIL SA-Prahova (activity 1.2) 117. S.c. ISPAT SIDEX SA Galaţi (main activity 2.2, 2.3) 118. S.c. SIDERURGICA SA Hunedoara (main activity 2.2, 2.3) 119. S.c. KVAERNER IMGB SA Bucureşti (main activity 2.4) 120. S.c. SOMETRA SA Copşa Mică-Sibiu (main activity 2.5 a, 2.5 b, 2.1, 2.4) 121. S.c. FERAL SRL Tulcea (main activity 2.5 a) 122. S.c. METALURGICA SA Aiud-Alba (main activity 2.4, 2.3 b) 123. S.c. NEFERAL SA Ilfov (main activity 2.5 b) 124. S.c. INDUSTRIA SÂRMEI SA Câmpia Turzii-Cluj (main activity 2.2, 2.3, 2.6) 125. S.c. METALURGICA SA Vlăhiţa-Harghita (main activity 2.5 b) 126. S.c. UPETROM 1 Mai SA Prahova (main activity 2.2) 127. S.c. LAMINORUL SA Brăila (main activity 2.3) 128. S.c. AVERSA SA Bucureşti (main activity 2.4) 129. S.c. FORMA SA Botoşani (main activity 2.3) 130. S.c. ISPAT TEPRO SA Iaşi (main activity 2.3 c) 131. S.c. URBIS Armături Sanitare SA-Bucureşti (main activity 2.6) 132. S.c. BALANŢA SA Sibiu (main activity 2.6) 133. S.c. COMMET SA Galaţi (main activity 2.6) 134. CNACF MINVEST SA Deva Filiala DEVAMIN Exploatarea minieră Veţel Hunedoara (main activity 2.5) 135. S.c. MOLDOMIN SA Moldova Nouă-Caraş Severin (main activity 2.5) 136. S.c. FIROS SA Bucureşti (main activity 3.3) 137. S.c. SINTER-REF SA Azuga-Prahova (main activity 3.5) 138. S.c. PRESCOM Braşov SA-Bra şov (main activity 3.1) 139. S.c. MELANA IV SA Neamţ (activity 4.1) 140. S.c. OLTCHIM SA Râmnicu Vâlcea-Vâlcea (main activity 4.1, 4.2, 4.3) 141. S.c. AMONIL SA Slobozia-Ialomiţa (main activity 4.3, 4.2) 142. CAROM SA Bacău (main activity 4.1 a, b, i) 143. AZOCHIM SA Săvineşti-Neamţ (main activity 4.2) 144. S.c. UZINA DE PRODUSE SPECIALE Făgăraş SA Braşov (main activity 4.6) 145. S.c. SINTEZA SA Oradea-Bihor (main activity 4.1 g; 4.2 d, e; 4.4) 146. S.c. CHIMPROD SA Bihor (main activity 4.1 b, 4.5) 147. S.c. AZUR SA Timişoara-Timiş (main activity 4.1) 148. S.c. PUROLITE SA Victoria-Braşov (main activity 4.1 d, h) 149. S.c. CELHART DONARIS SA Brăila (main activity 6.1) 150. S.c. VRANCART SA Adjud-Vrancea (main activity 6.1 b) 151. S.c. PIM SA Sibiu (main activity 6.3) 152. S.c. DANUBIANA Roman SA Neamţ (main activity 6.4 b) 153. S.c. ZAHĂRUL Românesc SA Ţăndărei-Ialomiţa (main activity 6.4 b) 154. S.c. VASCAR SA Vaslui (main activity 6.4 a) 155. S.c. MULTIVITA SA Negru Voda-Constanţa (main activity 6.5) 156. S.c. SUINPROD SA Prahova (main activity 6.6 a) 157. S.c. AVICOLA SA Ferma Şerbăneşti-Bacău (main activity 6.6 a) 158. S.c. AVICOLA BUCUREŞTI SA Punct de lucru CSHD Mihăileşti (main activity 6.6 a) 159. S.c. SUINPROD SA Bumbeşti Jiu-Gorj (main activity 6.6 a) 160. S.c. SIBAVIS SA Sibiu-Sibiu (main activity 6.6 a) 161. S.c. OLTCHIM SA Râmnicu Vâlcea Ferma 1 Frănceşti-Vâlcea (main activity 6.6 a) 162. S.c. AVIA AGROBANAT SRL Bocşa-Reşiţa (main activity 6.6 a) 163. S.c. AVICOLA Găieşti SA-Dâmboviţa (main activity 6.6 a) 164. S.c. VENTURELLI PROD SRL Sibiu (main activity 6.6 b) 165. S.c. OLTCHIM SA Râmnicu Vâlcea Ferma Budeşti-Vâlcea (main activity 6.6 a) 166. S.c. OLTCHIM SA Râmnicu Vâlcea Ferma Băbeni Mihăieşti-Vâlcea (main activity 6.6 a) 167. S.c. OLTCHIM SA Râmnicu Vâlcea Ferma 2 Frănceşti-Vâlcea (main activity 6.6 a) 168. S.c. OLTCHIM SA Râmnicu Vâlcea Ferma Băbeni-Vâlcea (main activity 6.6 a) 169. S.c. AVICOLA Bucureşti SA Sucursala Cluj-S ălişte-Cluj (main activity 6.6 a) 170. S.c. AVICOLA Bucureşti SA Sucursala CSHD Codlea-Bra şov (main activity 6.6 a) 171. S.c. Cereal Prod SA-Galaţi (main activity 6.6 a) 172. S.c. AVICOLA Mangalia SA Constanţa (main activity 6.6 a) 173. S.c. AVICOLA SA Constanţa-Constanţa (main activity 6.6 a) 174. S.c. AVICOLA BUCUREŞTI SA Punct de lucru Butimanu-Dâmbovi-Ialomiţa (main activity 6.6 a) 175. S.c. EUROPIG SA Poiana Mărului-Braşov (main activity 6.6 b) 176. S.c. SUINPROD SA Leţ-Covasna (main activity 6.6 b) 177. S.c. AVICOLA Şiviţa SA Galaţi (main activity 6.6 a) 178. S.c. COLLINI SRL Bocşa-Reşiţa (main activity 6.6 b) 179. S.c. AGROSAS SRL Timişoara-Timiş (main activity 6.6 b, c) 180. S.c. FLAVOIA SRL Platforma Hereclean-Sălaj (main activity 6.6 a) 181. S.c. ELSID SA Titu-Dâmboviţa (main activity 6.8) Until 31 December 2015:182. S.c. RAFINĂRIA STEAUA ROMÂNĂ SA Câmpina-Prahova (activity 1.2) 183. S.c. TRACTORUL UTB SA Braşov (main activity 2.3 b, 2.4, 2.6, 6.7) 184. S.c. ISPAT Petrotub SA Neamţ (main activity 2.3, 6.7) 185. S.c. ARO SA Argeş (main activity 2.3 b, 2.6) 186. S.c. STIMET SA Sighişoara-Mureş (main activity 3.3) 187. S.c. BEGA REAL SA Pleşa-Prahova (main activity 3.5) 188. S.c. AZOMUREŞ SA Târgu Mureş-Mureş (main activity 4.2, 4.3) 189. S.c. COLOROM SA Codlea-Bra şov (main activity 4.1 j) 190. S.c. SOMEŞ SA Dej-Cluj (main activity 6.1 a, b) 191. S.c. OMNIMPEX Hârtia SA Buşteni-Prahova (main activity 6.1 b) 192. S.c. PERGODUR Internaţional SA Neamţ (main activity 6.1 b) 193. S.c. PROTAN SA-Popeşti Leordeni-Ilfov (main activity 6.5) 194. S.c. PROTAN SA Bucureşti Sucursala Codlea-Bra şov (main activity 6.5) 195. S.c. PROTAN SA-Cluj (main activity 6.5)


Before 30 October 2007, should be issued licenses fully coordinates for these facilities, with individually binding timetables for the achievement of full compliance. These permits shall ensure, until October 30 2007, compliance with the General principles of the basic obligations of the operators set out 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 the incineration of waste (OJ L 332 of 28.12.2000, p. 91).

By way of derogation from article 6, paragraph 1 of article 7 and article 11 of Directive 2000/76/EC, the emission limit values and the requirements for measurements shall not apply in Romania until 31 December 2007 to 52 incinerators for medical waste and until 31 December 2008 to 58 incinerators for medical waste.

Romania shall submit to the Commission, no later than the end of the first quarter of each year, as of 30 March 2007, a report on the closure of the thermal treatment of hazardous wastes do not comply and the quantities of medical waste treated in the previous year.

3.32001 L 0080: Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ L 309 of 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 of 23.9.2003, p. 33).

the) by way of derogation from paragraph 3 of article 4(1) and part A of annexes III and IV to Directive 2001/80/EC, the emission limit values for sulphur dioxide shall not apply in Romania to the following plants until the date indicated for each plant: Until 31 December 2008: S.C. ELECTROCENTRALE DEVA SA No. 1, 4 power boilers x 264 MWth Until 31 December 2009 : S.C. TERMOELECTRICA SE DOICEŞTI 1, 1 steam boiler x 470 MWth Until 31 December 2010: S.C. COMPLEXUL ENERGETIC CRAIOVA S.E. CRAIOVA II – 1, 2 boilers x MWth S.C. COMPLEXUL ENERGETIC TURCENI 396.5 SA No. 2, 2 power boilers x 789 MWth S.C. COMPLEXUL ENERGETIC TURCENI SA No. 3, 2 power boilers x 789 MWth S.C. TERMOELECTRICA SE PAROŞENI In 2 , 1 steam boiler Benson x 467 MWth + 1 hot water boiler x 120 MWth RAAN, BRANCH ROMAG TERMO No. 2, 3 boilers x 330 MWth S.C. COLTERM SA No. 7, 1 hot water boiler x 116 MWth Until 31 December 2011: CET ARAD No. 2, 2 industrial steam boilers x 80 MWth S.C. COMPLEXUL ENERGETIC CRAIOVA S.E. CRAIOVA II – 2 , 2 CAF x 116 MWth + 2 x CR 68 MWth S.C. COMPLEXUL ENERGETIC ROVINARI SA No. 2, 2 steam boilers x 879 MWth n. C TERMOELECTRICA GIURGIU No. 1, 3 energetic steam boilers x 285 MWth S.C. ELECTROCENTRALE DEVA SA No. 2, 4 power boilers x 264 MWth S.C. PETROTEL-LUKOIL SA No. 1, 2 DAV3 + HPM 1 x 45 MWth + 14.7 MWth S.C. PETROTEL 11.4 MWth +-LUKOIL SA No. 2 , 3 technological steam boilers x 105.5 MWth S.C. C.E.T. GOVORA In 3, 1 boiler x 285 MWth Until 31 December 2012: CET BACAU ROMANIA In 1, 1 steam boiler x 343 MWth S.C. ELCEN BUCUREŞTI VEST In 1, 2 steam boilers x 458 MWth S.C. COMPLEXUL ENERGETIC CRAIOVA S.E. IŞALNIŢA, 4 boilers x 473 MWth Until 31 December 2013 CET ARAD No. 1:, 1 steam boiler x 403 MWth S.C. ELECTROCENTRALE ORADEA SA No. 2, 2 groups of steam boilers x 300 MWth + 269 MWth S.C. TERMOELECTRICA SA, SUCURSALA ELECTROCENTRALE BRĂILA, 6 steam boilers x 264 MWth S.C. CET BRAŞOV SA No. 1, 2 boilers x 337 MWth S.C. ELCEN BUCUREŞTI SUD No. 1, 4 steam boilers x 287 MWth S.C. ELCEN BUCUREŞTI SUD No. 2 , 2 steam boilers x 458 MWth S.C. ELCEN BUCUREŞTI PROGRESUL On 1, 4 steam boilers x 287 MWth S.C. COMPLEXUL ENERGETIC ROVINARI SA No. 1, 2 steam boilers x 878 MWth S.C. ELECTROCENTRALE DEVA SA On 3, 4 power boilers x 264 MWth S.C. C.E.T. IAŞI II, 2 steam boilers x 305 MWth S.C. UZINA ELECTRICĂ ZALĂU In 1 , 4 industrial steam boilers x 85.4 MWth S.C. TERMICA SA SUCEAVA In 1, 2 boilers x 296 MWth S.C. COLTERM SA No. 5, 1 hot water boiler x 116.3 MWth S.C. COLTERM SA No. 6, 3 steam boilers x 81.4 MWth S.C. C.E.T. GOVORA In 2, 2 boilers x 285 MWth During this transitional period, sulphur dioxide emissions from all combustion plants pursuant to Directive 2001/80/ EC shall not exceed the following intermediate ceilings:  until 2007:540 000 tonnes SO2/year;  up to 2008:530 000 tonnes SO2/year;  up to 2010:336 000 tonnes SO2/year;  up to 2013:148 000 tonnes SO2/year.

b) by way of derogation from paragraph 3 of article 4 and of annex VI to Directive 2001/80/EC, the emission limit values for nitrogen oxides shall not apply in Romania to the following plants until the date indicated for each plant: Until 31 December 2008: S.C. ARPECHIM PITEŞTI In 2, 1 boiler BW x 81 MWth S.C. ARPECHIM PITEŞTI In 3 , 4 boilers x 81 MWth PRODITERM BISTRIŢA, 2 hot water boilers x 116 MWth + 2 steam boilers x 69 MWth S.C. C.E.T. BRAŞOV, no 1, 2 boilers x 337 MWth REGIA AUTONOMĂ DE TERMOFICARE CLUJ, 2 hot water boilers x 116 MWth S.C. TERMOELECTRICA GIURGIU No. 1, 3 energetic steam boilers x 285 MWth S.C. TERMOELECTRICA GIURGIU No. 2 , 2 industrial steam boilers x 72 MWth S.C. ELECTROCENTRALE DEVA SA On 1, 4 power boilers x 264 MWth S.C. COLTERM SA No. 2, 1 hot water boiler x 58.1 MWth Until 31 December 2009: CET ARAD No. 1, 1 CR steam boiler x 403 MWth CET ENERGOTERM SA REŞIŢA No. 2, 1 hot water boiler x 58 MWth S.C. TERMICA TÂRGOVIŞTE , 1 hot water boiler x 58.15 MWth S.C. COMPLEXUL ENERGETIC CRAIOVA S.E. CRAIOVA II – 1, 2 boilers x 396.5 MWth S.C. CET IAŞI I In 2, 2 steam boilers x 283 MWth S.C. UZINA ELECTRICĂ ZALĂU In 3, 1 steam boiler x 72.3 MWth


Until 31 December 2010: S.C. ELECTROCENTRALE ORADEA SA No. 1, 2 groups of steam boilers x 127 MWth + 269 MWth S.C. C.E. T SA No. 2 Brăila, 2 boilers x 110 MWth CET ENERGOTERM SA REŞIŢA No. 1, 2 boilers x S.C. UZINA TERMOELECTRICĂ MIDIA 45.94 MWth In 2, 1 boiler x 73 MWth S.C. UZINA TERMOELECTRICĂ MIDIA In 3 , 1 boiler x 73 MWth S.C. UZINA TERMOELECTRICĂ MIDIA In 4, 1 boiler x 73 MWth S.C. TERMOELECTRICA SE DOICEŞTI 1, 1 steam boiler Benson x 470 MWth S.C. ELECTROCENTRALE GALAŢI No. 3, 3 power boilers x 293 MWth S.C. TERMOELECTRICA SE PAROŞENI In 2, 1 steam boiler x 467 MWth + 1 hot water boiler x 120 MWth S.C. CET IAŞI I In 1 , 3 steam boilers x 94 MWth S.C. TERMICA SA SUCEAVA In 1, 2 boilers x 296 MWth S.C. TURNU SA TURNU MĂGURELE In 1, 1 hot water boiler x 58 MWth S.C. TURNU SA TURNU MĂGURELE In 2, 1 hot water boiler x 58 MWth S.C. ENET SA No. 1, 3 boilers x 18.5 MWth S.C. ENET SA No. 2 , 1 hot water boiler x 58 MWth Until 31 December 2011: CET ARAD No. 2, 2 industrial steam boilers + 1 boiler x 80 MWth S.C. TERMON SA ONEŞTI, 3 boilers x 380 MWth S.C. CET SA No. 1 BRĂILA, 2 boilers x 110 MWth S.C. TERMICA SA No. 1 BOTOŞANI, 3 hot water boilers x 116 MWth S.C. ELCEN BUCUREŞTI SUD No. 12 , 2 hot water boilers x 116 MWth S.C. ELCEN BUCUREŞTI SUD No. 16, 1 hot water boiler x 116 MWth CET ENERGOTERM SA REŞIŢA No. 4, 1 hot water boiler x 58 MWth S.C. ELCEN BUCUREŞTI SE PALAS No. 1, 1 hot water boiler x 116 MWth S.C. COMPLEXUL ENERGETIC CRAIOVA SE IŞALNIŢA, 4 boilers x 473 MWth S.C. ELECTROCENTRALE DEVA SA No. 2 , 4 power boilers x 264 MWth S.C.CET IAŞI I In 3, 4 hot water boilers x 116 MWth RAAN, BRANCH ROMAG TERMO No. 1, 3 boilers x 330 MWth RAAN, BRANCH ROMAG TERMO No. 2, 3 boilers x 330 MWth S.C. ROMPETROL SA BUCUREŞTI VEGA PLOIEŞTI, 3 technological steam boilers x 24.75 MWth S.C. PETROTEL-LUKOIL SA No. 1 , 2 DAV3 + HPM, 1 x 45 MWth + 14.7 MWth S.C. PETROTEL 11.4 MWth +-LUKOIL SA No. 2, 3 technological steam boilers x S.C. UZINA ELECTRICĂ ZALĂU 105.5 MWth In 1, 4 industrial steam boilers x 85.4 MWth S.C. COLTERM SA No. 4, 1 hot water boiler x 116.1 MWth S.C. C.E.T. GOVORA In 3, 1 boiler x 285 MWth Until 31 December 2012 : CET ENERGOTERM SA REŞIŢA No. 3, 1 hot water boiler x 116 MWth S.C. ELCEN BUCUREŞTI SE PALAS No. 2, 1 hot water boiler x 116 MWth S.C. ELCEN BUCUREŞTI SE MUREŞ In 5, 4 steam boilers x 277 MWth S.C. COLTERM SA No. 6, 3 steam boilers x 81.4 MWth Until 31 December 2013 S.C. TERMOELECTRICA SA, SUCURSALA: ELECTROCENTRALE BRĂILA, 6 steam boilers x 264 MWth S.C. ELCEN BUCUREŞTI SUD No. 14, 1 hot water boiler x 116 MWth S.C. ELCEN BUCUREŞTI SE PALAS No. 3, 1 hot water boiler x 116 MWth S.C. ELECTROCENTRALE GALAŢI No. 2, 2 power boilers x 293 MWth S.C. ELECTROCENTRALE DEVA SA No. 3, 4 power boilers x 264 MWth S.C. ELCEN BUCUREŞTI SE MUREŞ In 1 , 1 steam boiler x 277 MWth S.C. ELCEN BUCUREŞTI SE MUREŞ In 4, 1 steam boiler x 277 MWth S.C. COLTERM SA No. 5, 1 hot water boiler x 116.3 MWth S.C. COLTERM SA No. 7, 2 hot water boilers x 116.3 MWth S.C. C.E.T. GOVORA In 2, 2 boilers x 285 MWth S.C. ENET SA VRANCEA In 3 , 1 hot water boiler x 116.3 MWth During this transitional period, nitrogen oxide emissions from all combustion plants pursuant to Directive 2001/80/EC shall not exceed the following intermediate ceilings:  until 2007:128 000 tonnes/year  until 2008:125 000 tonnes/year  until 2010:114 000 tonnes/year  until 2013 : 112 000 tonnes/year c) by way of derogation from paragraph 3 of article 4 and of annex VII to Directive 2001/80/EC, the emission limit values for dust shall not apply in Romania to the following plants until the date indicated for each plant: Until 31 December 2008: S.C. ELECTROCENTRALE DEVA SA No. 1, 4 power boilers x 264 MWth S.C. C.E.T. IAŞI II , 2 steam boilers x 305 MWth Until 31 December 2009: CET BACĂU In 1, 1 steam boiler x 345 MWth S.C. TERMOELECTRICA GIURGIU No. 1, 3 steam boilers x 285 MWth S.C. COLTERM SA No. 6, 3 steam boilers x 81.4 MWth Until 31 December 2010: CET ARAD No. 1, 1 steam boiler x 403 MWth S.C. CET BRAŞOV SA No. 1 , 2 boilers x 337 MWth S.C. TERMOELECTRICA DOICEŞTI 1, 1 steam boiler Benson x 470 MWth S.C. COMPLEX ENERGETIC TURCENI SA No. 2, 2 power boilers x 789 MWth S.C. TERMICA SA SUCEAVA In 1, 2 boilers x 296 MWth S.C. CET GOVORA SA No. 3, 1 boiler x 285 MWth Until 31 December 2011: S.C. COMPLEX ENERGETIC CRAIOVA SE CRAIOVA II-2 , 2 CAF x 116 MWth + 2 CR x 68 MWth S.C. COMPLEX ENERGETIC ROVINARI SA No. 2, 2 steam boilers x 879 MWth S.C. ELECTROCENTRALE DEVA SA No. 2, 4 power boilers x 264 MWth S.C. PETROTEL LUKOIL SA No. 1, DAV3 + HPM, 1 x 45 MWth + 14.7 MWth S.C. PETROTEL LUKOIL 11.4 MWth + SA No. 2, 3 technological steam boilers x 105.5 MWth S.C. ALUM SA TULCEA In 1 , 3 boilers x 84.8 MWth +1 x 72.6 S.C. CET GOVORA SA No. MWth 2, 2 boilers x 285 MWth Until 31 December 2013: S.C. COMPLEX ENERGETIC Rovinari SA No. 1, 2 steam boilers x 878 MWth S.C. ELECTROCENTRALE DEVA SA No. 3, 4 power boilers x 264 MWth S.C. UZINA ELECTRICĂ ZALĂU In 1, 4 steam boilers x 85.4 MWth S.C. ELECTROCENTRALE ORADEA SA No. 2 , 2 groups of steam boilers x 300 MWth + 1 x 269 MWth During this transitional period, dust emissions from all combustion plants pursuant to Directive 2001/80/EC shall not exceed the following intermediate ceilings:  until 2007:38 600 tonnes/year;  up to 2008:33 800 tonnes/year;  up to 2010:23 200 tonnes/year;  up to 2013:2000 tons/year.

d) by way of derogation from paragraph 3 of article 4 and of annex VI to Directive 2001/80/EC, the emission limit values for nitrogen oxides, applicable from 1 January 2016 to installations with a heat output of more than 500 MWt, combustion shall not apply in Romania until 31 December 2017 to the following plants : S.C. ELECTROCENTRALE ORADEA SA No. 2, 2 groups of steam boilers x 300 MWth + 1 steam boiler x 269 MWth; S.c. ELECTROCENTRALE DEVA SA No. 2, 4 power boilers x 264 MWth; S.c. COMPLEXUL ENERGETIC ROVINARI SA No. 2, 2 steam boilers x 879 MWth; S.c. COMPLEXUL ENERGETIC TURCENI SA No. 3, 2 power boilers x 789 MWth; S.c. ELECTROCENTRALE DEVA SA No. 1, 4 power boilers x 264 MWth;

S.c. TERMICA SA SUCEAVA, In 1, 2 boilers x 296 MWth.


During this transitional period, nitrogen oxide emissions from all combustion plants pursuant to Directive 2001/80/EC shall not exceed the following intermediate ceilings:  until 2016:80 000 tonnes/year;  up to 2017:74 000 tonnes/year.

e) Romania shall submit to the Commission not later than 1 January 2011, an updated plan, including an investment plan, for the gradual alignment of remaining non-compliant plants with clearly defined stages for the application of the acquis. These plans shall ensure a further reduction of the emissions to a level significantly below the intermediate targets specified in paragraphs (a) to (d)) above), in particular with regard to emissions relating to 2012. If, taking into account in particular the environmental effects and the need to reduce distortions of competition in the internal market resulting from the transitional measures, the Commission considers that the above mentioned plans are not sufficient to meet these objectives, it shall inform Romania. Within three months, Romania shall communicate the measures it has taken to meet these objectives. If, subsequently, in consultation with Member States, the Commission considers that these measures are not sufficient to achieve those objectives, will start the infringement proceedings under article III-360 of the Constitution.

Appendix A to annex VII restructuring of the Romanian steel industry (as referred to in annex VII, Chapter 4, section B, part I COMPANIES BENEFITING FROM STATE AID UNDER the STEEL RESTRUCTURING PROGRAMME of ROMANIA-Ispat Sidex Galaţi Siderurgica Hunedoara COS Târgovişte – – – CS Reşiţa IS Câmpia Turzii Donasid – – (Siderca) Călăraşi PART II schedule and DESCRIPTION of CAPACITY CHANGES 1 Installation Change the capacity (tonnes) date of termination of production date of permanent closure Siderurgica Hunedoara Wire rod No 1-400 000 1995 1997 wire rod No 3 – medium Sections 480 000 280 000 1998 2000 – 1st quarter of 2008 2nd quarter 2008 IS Câmpia Turzii wire rod No 1 – 80 000 1995 1996 CS Reşiţa light Sections – 80 000 2000 2001 wheels for track-heavy Sections 220 000 40 000 1999 2000 – 4th quarter of 2007 second quarter 2008 average and special Sections – 120 000 4th quarter of 2006 4th quarter 2007 Donasid (Siderca) Călăraşi medium Sections-350 000 1997 1999 change of net capacity-2 050 000 1 The capacity reductions should be permanent, in accordance with Commission decision No 3010/91/ECSC of 15 October 1991 (OJ L 286 of 16.10.91, p. 20).

PART III RESTRUCTURING BENCHMARKS 1. Viability taking into account the special accounting rules applied by the Commission, each benefiting company shall achieve a minimum annual gross operating result in relation to turnover (10% for non-integrated steel companies and 13.5% for integrated steel mills) and a minimum income of equity of 1.5% of turnover, at the latest by 31 December 2008. This shall be verified in the independent evaluation carried out annually between 2005 and 2009, according to the provisions of annex VII, Chapter 4, section B, item 13.

2. productivity Should be gradually achieved, until 31 December 2008, an overall productivity comparable to that obtained by EU steel industry. This shall be verified in the independent evaluation carried out annually between 2005 and 2009, according to the provisions of annex VII, Chapter 4, section B, item 13.

3. Cost reductions particular importance should be given to cost reductions, which constitute one of the key elements of viability. These reductions must be fully carried out in accordance with the business plans of the beneficiary undertakings.

PART IV INDICATIVE LIST Of The INFORMATION REQUIRED 1. Production and market effects — monthly production of crude steel, semi-finished and finished products by category and by product range;

-products sold, including volumes, prices and markets; breakdown by product range.

2. Investments — details of investments;

-date of completion;

-investment costs, sources of financing and amount of any corresponding aid;

-date of payment of the aid, if appropriate.

3. Reductions in labour costs-number of posts and timetable shall be deleted;

-evolution of employment in the beneficiary companies (distinguishing between direct and indirect employment);

-evolution of employment in national steel.

4. Capacity (with regard to the entire steel sector in Romania)-date (or expected date) of cessation of production of capacities expressed in MPP (MPP being the maximum possible annual production that can be obtained in normal conditions of work) to be closed, and description of the same;

-date (or expected date) of dismantling, as defined in Commission decision No 3010/91/ECSC of the Commission, concerning the information to be provided by steel industries about their investments, 1 of the installation concerned and details of this dismantling;

-date (or expected date) of introduction of new capacities and description of the same;

-evolution of total capacity in Romania, of crude steel and finished products by category.

5. Costs – breakdown of costs and their respective evolution in the past and in the future, in particular by reducing labor costs, energy consumption, lower costs of raw materials, accessories and external services reduction.

6. Financial performance – evolution of certain significant financial ratios to verify the progress made towards viability (the financial results and ratios must be provided in a form that allows to compare them with the company's financial restructuring plan and must include the Commission's viability test);

 details of taxes and duties paid including 1 OJ L 286 of 16.10.1991, p. 20.

information about any deviations from the tax and customs rules normally applicable;

– level of financial charges;

-details of the payment of the aid already granted and timetable in accordance with the terms of the Protocol;

-terms and conditions of any new loans (irrespective of your origin).

7. Creation of a new company or new plants incorporating capacity increases – identity of each shareholder of the private or public sector;


-sources of financial contributions to the creation of a new company or new plants;

-terms and conditions for the participation of public and private investors;

-management structure of the new company.

8. Changes to the property.

Appendix B to annex VII list of meat-processing establishments, poultry meat and milk and milk products referred to in annex VII, Chapter 5, section B, Subsection I meat-processing establishments no no vet. Name of the establishment of Headquarters premises in question 1 5806/2000 Comb Agroind Curtici str. Revoluţiei, nr. 33, Curtici, jud. Arad 2 5065/2000 S.C. RB Prod S.R.L. str. Constituţiei, Arad, jud. Arad 3101/2000 S.C. Cominca S.A. str. Octavian Goga, nr. 4, Oradea, jud. Bihor 4102/1999 S.C. Prodaliment S.A. str. Republicii, nr. 101, Salonta, jud. Bihor 5115/1996 S.C. Ferm Com Prod S.R.L. Căldărăşti, jud. 6 1446/2002 Romania S.C. Izocon MC S.A. Cuza Vodă, jud. Călăraşi 19 7/2002 S.C. Carnob S.R.L. str. Lebedelor, nr. 1, Lumina, jud. 8154/1999 S.C. Casalco Constanţa S.A. str. Jókai Mór, nr. 9-11, SF. Gheorghe, jud. Covasna 9312/1999 S.C. Olas Prod S.R.L. str. n. Romanescu, nr. 28, Craiova, jud. Dolj 58 10/2001 S.C. Elan Trident S.R.L. str. Rákóczi, Miercurea Ciuc, jud. Harghita 11143/1999 S.C. Lorialba Prest S.R.L. str. Crişul Alb, nr. 1, Brad, jud. Romania 12 4585/2002 S.C. Agro Prod Com Dosa S.R.L. str. Principală, nr. 79, Chibed, jud. Mureş 13 2585/2000 S.C. Cazadela S.R.L. str. Oltului, nr. 34, Reghin, jud. Mureş 4048/14 2000 S.C. Coniflor S.R.L. str. Petru Maior, Gurghiu, jud. Mureş 15422/1999 S.C. Prodprosper S.R.L. Dumbravei str., nr. 18, Dumbrava Roşie, jud. Neamţ 16549/1999 S.C. Tce 3 Brazi S.R.L. Zăneşti, jud. Romania 17 24/2000 S.C. Spar S.R.L. str. Gării, nr. 10, Potcoava Cîrsteşti, jud. OLT 2076/2002 18 S.C. Simona S.R.L. str. Popa Şapcă, nr. 105, Balş, jud. OLT 19 86/2002 S.C. Universal S.R.L. Crişeni, jud. Sălaj 5661/20 2002 S.C. Harald S.R.L. str. Mânăstirea Humorului, nr. 76th, jud. Suceava 21 6066/2002 S.C. Raitar S.R.L. Cornu Luncii, jud. Suceava 5819/22 2002 S.C. Mara Alex S.R.L. Milişăuţi, jud. Suceava 23 93/2003 S.C. Mara Prod Com S.R.L. str. Abatorului, nr. 1 bis, Alexandria, jud. Teleorman 24 1/2000 S.C. Diana S.R.L. Bujoreni, jud. Vâlcea 25 6/1999 S.C. Diana Prod S.R.L. Vlădeşti, jud. Vâlcea meat-processing establishments (poultry) no no vet. Name of the establishment of Headquarters premises in question 1 2951/2000 S.C. Agronutrisco Impex S.R.L. str. Abatorului, 2A, Mihăileşti, jud. Giurgiu 2 3896/2002 S.C. Oprea Avicom S.R.L. str. Dealul Viilor, 5, Crăieşti, jud. Mureş milk processing Establishments and dairy products no no vet. Name of the establishment of Headquarters facilities in 1999/2000 S.C. issue Alba Lact S.A. str. Muncii, nr. 4, Alba Iulia, jud. Alba 2/5158 Biolact Bihor S.R.L. Paleu 8.11.2002 S.C., jud. Bihor 2100 3/8.11.2001 S.C. Bendearcris S.R.L. Miceştii de Câmpie, nr. 202A, jud. Romania 4 2145/5.3.2002 S.C. Lech Lacto S.R.L. Lechinţa, nr. 387, jud. Romania S.C. Lacto Solomonescu 5395/18.6.2001 S.R.L. Miron Costin, Vlăsineşti, jud. Botoşani 6115/1.2.2002 S.C. Comintex S.R.L. Darabani Darabani, jud. Botoşani A343827/7 30.8.2002 S.C. Prodlacta S.A. str. Gării, nr. 403, Homorod, jud. Braşov 8258 10.4.2000 Binco Lact S.R.L. S.C./Săcele, jud. Constanţa 12203 25.9.200 3/9 S.C. Lacto Genimico S.R.L. str. Căşăriei nr. 2A, Hârşova, jud. Constanţa 2721/10 S.C. Industrializarea Laptelui S.A. 28.8.2001 B-dul Independenţei, nr. 23, Târgovişte, jud. Dâmboviţa 4136/11 10.6.2002 S.C. Galmopan S.A., B-dul g. Coşbuc, Bistriţa-Năsăud, nr. 257, Galati, jud. Galaţi 5/12 7.5.1999 S.C. Sandralact S.R.L. Şos. Bucureşti-Giurgiu, km. 23, jud. Giurgiu 13213/1996 S.C. Paulact S.R.L. str. Principală, nr. 28, Sânpaul, Mureş, jud. Harghita 14625/21.11.1996 S.C. Lactis S.R.L. str. Beclean, nr. 31, Odorheiu Secuiesc, jud. Harghita 15913/Lactex – Reghin S.R.L. S.C. 17.3.2000 Jabeniţa, nr. 33, jud. Mureş 16207/21.4.1999 S.C. Midatod S.R.L. Ibăneşti, nr. 273, jud. Mureş/17391 23.4.1999 S.C. Kubo Ice Cream Company S.R.L. Dumbravei str., nr. 5, Piatra Neamţ, jud. Romania 18 1055/10.7.2000 S.C. Oltina S.A. str. a. i. Cuza, nr. 152, Slatina, jud. OLT 19282/1999 S.C. Calion S.R.L. str. Gheorghe Doja, nr. 39, Jibou, jud. Sălaj 1562/27.12.199 20 9 5750/23.5.2002 S.C. Bucovina S.A. Suceava str. Humorului, nr. 4, Suceava, jud. Suceava 21 1085 Bucovina S.A. Falticeni S.C. 26.5.1999/str. Izvor, nr. 5, Falticeni, jud. Suceava 5614/22 20.4.2002 S.C. Bake Rux S.R.L. str. Burdujeni, nr. 11, Suceava, jud. Suceava 23 1659/Ecolact Milisauti S.R.L. S.C. 27.3.2003, jud. Suceava 24 1205/5.10.1999 S.C. Pro Putna S.R.L. Putna, jud. Suceava 5325/25 13.2.2002 S.C. Cetina Prod Lact S.R.L. Neagra Sarului, Saru Dornei, jud. Suceava 26 S.C. Simultan S.R.L. 5245/6.11.2001 Ortisoara, jud. Timis 2459/27 21.8.2002 S.C. Zan S.R.L. str. Celulozei, nr. 5, Zărneşti (,), jud. Brasov ANNEX VIII rural development (referred to in article 34 of the Protocol) section i: TEMPORARY ADDITIONAL RURAL DEVELOPMENT MEASURES for Bulgaria and Romania the. Support for semi-subsistence farms undergoing restructuring 1) support for semi-subsistence farms undergoing restructuring shall contribute to the following objectives: to) help mitigate the problems of transition to rural exposure level of the agricultural sector and rural economy of Bulgaria and Romania the competitive pressure of the single market;

b) Facilitate and encourage the restructuring of farms not yet be economically viable.

For the purposes of this annex, the term "semi-subsistence farms" farms producing mainly for own consumption, but also market a proportion of production.

2) To benefit from the support, the farmer must present a development plan that demonstrates the future economic viability) of the holding;

b) contains details of the investments required;

c) Describe steps and specific goals.

3) compliance with the development plan referred to in paragraph 2 shall be reviewed after three years. If the interim objectives set out in the plan have not been achieved during that review, will not be granted more support, but shall not be required for this reason the repayment of funds received.

4) the support shall be paid annually in the form of flat-rate aid up to the maximum eligible amount specified in section I G and for a period not exceeding five years.

B. producer groups 1) flat-rate support shall be granted in order to facilitate the establishment and administrative operation of producer groups which have as their objectives:


the) Adapt to market requirements, the production of the producers who are members of these groups;

b) Market jointly their goods, including the preparation of sales, the centralisation of sales and supply to bulk buyers; and c) Set common standards for the information relating to the production, especially for crops and the availability.

2) the support will be granted only to producer groups formally recognised by the competent authorities of Bulgaria or Romania between the date of accession and 31 December 2009, based on national or Community legislation.

3) the support shall be paid in annual instalments for the first five years after the date on which the producer group was recognised, shall be calculated according to the annual marketed production of the producer group and shall not exceed: a) on the first, second, third, fourth and fifth years respectively, 5%, 5%, 4%, 3% and 2% of the value of marketed production up to a maximum amount of EUR 1 000 000 and (b)) in the first, second, third, fourth and fifth years respectively 2.5%, 2.5%, 2.0%, 1.5% and 1.5% of the value of marketed production exceeding EUR 1 000 000.

In any case, support shall not exceed the maximum eligible amounts laid down in section I (G).

C. Leader + type measures 1) support may be granted to measures related to the acquisition of skills intended to prepare rural communities to design and implement local rural development strategies.

These measures may include, in particular: the) technical support to local studies and diagnoses of the territory, taking into account the wishes expressed by the populations concerned;

b) information and training of the population to encourage an active participation in the development process;

c) building representative local development partnerships;

d) integrated development strategies;

and) research funding, as well as preparation of support requests.

2) support may be granted for the adoption of territorial rural development strategies, of a pilot nature and integrated, prepared by local action groups in accordance with the principles laid down in items 12, 14 and 36 of the communication from the Commission to the Member States of 14 April 2000 laying down guidelines for the Community initiative for rural development (Leader +) 1. This support will be limited to areas which already have sufficient administrative capacity and experience of rural development approaches at the local level.

3) the local action groups referred to in point 2 may also participate in inter-territorial and transnational cooperation actions in accordance with the principles laid down in items 15 to 18 of the Commission notice referred to in paragraph 2.

4) Bulgaria and Romania and local action groups will have access to the Observatory of rural areas provided for in point 23 of the Commission notice referred to in paragraph 2.

D. consultation Services and rural outreach support shall be granted for the provision of consultancy services and rural outreach.

E. complements to direct payments 1) support may be granted to farmers eligible for complementary national direct payments or AIDS under article 143 C of Regulation (EC) No 1782/2003 2.
1 OJ C 139 of 18.5.2000, p. 5. 2 Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending regulations (EEC) No 2019/93, (EC) no 1452/2001, (EC) no 1453/2001, (EC) No 1454/2001, (EC) 1868/94 No. , (EC) No 1251/1999, (EC) No 1254/1999, (EC) no 1673/2000, (EEC) no 2358/71 and (EC) no 2529/2001 (OJ L 270 of 21.10.2003, p. 1). Regulation adapted by decision 2004/281/EC (OJ L 93 of 30.3.2004, p. 1) and as last amended by Regulation (EC) No 864/2004 (OJ L 161 of 2) the support granted to a farmer in respect of the years 2007, 2008 and 2009 shall not exceed the difference between: a) the level of direct payments applicable in Bulgaria or Romania in the year concerned in accordance with article 143a of Regulation (EC) no 1782/2003, and b) 40% of the level of direct payments applicable in the community, in your composition on 30 April 2004 in the relevant year.

3) the Community contribution to support granted under this Subsection E in Bulgaria or Romania in respect of each of the years 2007, 2008 and 2009 shall not exceed 20% of its respective annual allocation. However, Bulgaria or Romania may replace this 20% annual rate for the following rates: 25% for 2007, 20% for 2008 and 15% for 2009.

4) the support granted to a farmer under this Subsection and shall be considered as complementary national direct payment or assistance, as the case may be, for the purposes of applying the maximum levels set out in (a)) of paragraph 2 of article 143 C of Regulation (EC) No 1782/2003.

F. technical assistance 1) support may be granted to preparatory, monitoring, evaluation and control that are necessary for the implementation of rural development programming documents.

2) the measures referred to in paragraph 1 shall include, in particular: (a));
30.4.2004, p. 48).

b) measures of technical assistance, exchange of experience and information aimed at partners, beneficiaries and the general public;

c) installation, operation and interconnection of computerised systems for management, monitoring and evaluation;

d) improvements in evaluation methods and exchange of information on best practice in this area.

G. Table of amounts for the temporary additional rural development measures for Bulgaria and Romania Measure semi-subsistence farms 1000 EUR per farm/per year producer 100 000 100 000 80 000 60 000 50 000 in the first year second year third year fourth year fifth year SECTION II: SPECIFIC PROVISIONS RELATING TO SUPPORT for INVESTMENT in Bulgaria and Romania 1) support for investment in agricultural holdings to the under the regulations concerning rural development in force on the date of accession shall be granted to agricultural holdings for which economic viability can be demonstrated at the end of the realisation of the investment.


2) the total amount of support for investment in agricultural holdings, expressed as a percentage of the volume of eligible investment, shall be subject to a maximum limit of 50% and, in less-favoured areas, 60%, or the percentages established in the relevant rural development regulation in force on the date of accession, whichever is higher. Where investments are made by young farmers, as defined in 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, 65%, or the percentages established in the relevant rural development regulation in force on the date of accession, whichever is higher.

3) support for investments for improving the processing and marketing of agricultural products under the relevant rural development regulation in force on the date of accession shall be granted to undertakings which have been granted a transitional period after accession in order to meet the minimum standards regarding the environment, hygiene and animal welfare. In this case, companies must comply with the relevant standards by the end of the transitional period specified or until the end of the investment period, whichever occurs first.

SECTION III: SPECIFIC PROVISIONS RELATING to support for early retirement in BULGARIA 1) Bulgaria's farmers which has been allocated a milk quota will be able to benefit from the early retirement scheme on condition that are less than 70 years old at the time of the transfer.

2) the amount of support shall be subject to the maximum amounts laid down in the relevant rural development regulation in force on the date of accession and shall be calculated according to the volume of the milk quota and the total farming activity on the holding.

3) milk quotas allocated to a transferor shall revert in favour of the national milk quota reserve without compensatory payment.

SECTION IV: SPECIFIC FINANCIAL PROVISIONS for Bulgaria and Romania for the PERIOD 2007 to 2013 1) for the period 2007 to 2013 programming, community support granted in Bulgaria and Romania for all rural development measures will be executed in accordance with the principles laid down 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.

2) in areas covered by objective 1, the financial contribution of the community may amount to 85% for agri-environment and animal welfare, and 80% for other measures, or the percentages established in the regulations concerning rural development in force on the date of accession, whichever is higher.
1 OJ L 161 of 26.6.1999, p. 1. Regulation as last amended by the 2003 Act of accession (OJ L 236 of 23.9.2003, p. 33).

ANNEX IX specific commitments undertaken, and requirements accepted, by Romania at the conclusion of the accession negotiations on 14 December 2004 (referred to in article 39 of the Protocol) (I). With respect to paragraph 2 of article 39 1) Implement the Schengen action plan, as published in m. Of., p. I, no. 129 bis/10. II. 2005, amended in line with the acquis and within the deadlines set.

2) in order to ensure a high level of control and surveillance at the future external borders of the Union, to intensify the efforts in the field of modernization of the equipment and infrastructure at the border green blue border and border crossing points, and further strengthening the capacity of operational risk analysis. This should be recorded in a single multi-annual investment plan, to be submitted no later than March 2005, on the basis of which the Union should be able to evaluate annually the progress achieved, until the decision referred to in paragraph 2 of article 4 of the Protocol with respect to Romania. Romania should also increase considerably the scheduled recruitment agents and 4 438 border police officers and in particular ensure that the establishment plan is complete as far as possible, the date of accession, along the borders with Ukraine and Moldova and on the Black Sea coast. Romania should also take all necessary measures to effectively combat illegal immigration, in particular by strengthening cooperation with third countries.

3) Develop and implement an action plan and a strategy for the reform of the judiciary, updated and integrated, including the main measures for implementing the law on Judicial Organisation, the law on the status of Magistrates and the law on the Superior Council of the Magistracy which entered into force on 30 September 2004. Both updated documents must be presented to the Union no later than March 2005, being necessary to ensure adequate human and financial resources to the implementation of the action plan, which should take place without delay, in accordance with the timetable laid down. Romania must still demonstrate until March 2005, the new system of random distribution of cases is fully operational.

4) Intensify the fight against corruption and in particular against corruption by ensuring a rigorous implementation of the anti-corruption legislation and the effective independence of the public prosecutor's Department to Combat Corruption and presenting an annual report on the activities of this compelling body in the fight against corruption. This Department must be provided with the financial and human resources for training and all equipment that the fulfillment of your vital function require.


5) conduct an independent audit of the results and the impact of the current national strategy to combat corruption; they must state the conclusions and recommendations of this audit in the new multi-annual anti-corruption strategy, which should be a single and comprehensive document to be drawn up by March 2005 at the latest, accompanied by an action plan with benchmarks and clearly defined goals, as well as of appropriate budgetary provisions; the implementation of the strategy and action plan must be inspected by an existing body, clearly defined and independent; the strategy must include the commitment to review, by the end of 2005, the excessively lengthy criminal process to ensure that corruption cases are dealt with speedily and transparency, in order to ensure the application of appropriate penalties to deterrent effect; Finally, it should provide for measures to reduce considerably, until the end of 2005, the number of competent bodies in the prevention or investigation of cases of corruption, in order to avoid overlapping of responsibilities.

6) Ensure by March 2005, a clear legal framework for the functions and the cooperation between the gendarmerie and the police, in particular as regards the implementation legislation, and develop and implement a clear recruitment plan by mid-2005 for both institutions, in order to achieve significant progress in the provision of police and places of 7000 18000 vacancies in the gendarmerie by the date of accession.

7) develop and implement a coherent multi-annual anti-crime strategy including concrete actions to change the status of Romania as a country of origin, transit and destination of victims of trafficking in human beings and report annually, as of March 2005 reliable statistics on how is fought this criminal phenomenon.

II. With respect to paragraph 3 of article 39 8) Ensure effective control by the competition Council of any potential State aid, in particular the State aid to be granted by way of deferred payments to the State budget of fiscal or social liabilities or deferred liabilities related to energy supply.

9) Improve without delay the results in terms of law enforcement in the field of State aid and ensure satisfactory results in the field of law enforcement both in the field of anti-trust rules as in State aid.

10) Present to the Commission by mid-December 2004 a revised steel restructuring plan (that includes a national restructuring programme and a single plan for companies) in accordance with the requirements set out in Protocol 2 on ECSC products to the Europe Agreement establishing an association between the European communities and their Member States on the one hand, and Romania, of the other part 1, as well as with the conditions set out in annex VII, Chapter 4, section B of the Protocol.

Fulfil the commitment not to grant or pay any State aid to steel companies covered by the 1 strategy OJ L 357 of 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).

National restructuring between 1 January 2005 and 31 December 2008 and fully respect the State aid amounts and the conditions regarding capacity reductions to be determined in the context of Protocol 2 on ECSC products to the Europe Agreement establishing an association between the European communities and their Member States, of the one part, and Romania on the other hand.

11) continue to allocate adequate financial means and sufficient human resources and duly qualified by the competition Council.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ACT CONCERNING the CONDITIONS OF ACCESSION of the REPUBLIC of Bulgaria and Romania and the ADJUSTMENTS to the TREATIES on which the European Union is founded In accordance with article 2 of the Treaty of accession, this Act shall apply in the case of the Treaty establishing a Constitution for Europe is not in force on 1 January 2007 until the date of entry into force of the Treaty establishing a Constitution for Europe.

PART 1 the PRINCIPLES article 1 for the purposes of this Act:-"original treaties" means: a) the Treaty establishing the European Community ("EC Treaty") and the Treaty establishing the European Atomic Energy Community ("EAEC Treaty"), as supplemented or amended by treaties or other acts which entered into force before accession, b) the Treaty on European Union ("EU Treaty") , supplemented or amended by treaties or other acts which entered into force before accession;

-"Present Member States" means the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta , the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland;

-for "Union" means the European Union as established by the EU Treaty;

-by ' Community ' means one or both of the Communities referred to in the first indent, as the case may be;

– for "new Member States" means the Republic to Bulgaria and Romania;

-by "institutions" means the institutions created by the original treaties.

Article 2 from the date of accession, the provisions of the original treaties and the acts adopted by the institutions and by the European Central Bank before accession shall be binding on the Bulgaria and Romania and shall apply in those States under those treaties and in this Act.

Article 3 1. The Bulgaria and Romania adhere to the decisions and agreements adopted by the representatives of the Governments of the Member States meeting within the Council.


2. The Bulgaria and Romania are in the same situation as the present Member States in respect of declarations, resolutions or other positions adopted by the European Council or of the Council, as well as with respect to relating to the community or the Union adopted by common agreement between the Member States; should therefore respect the principles and guidelines arising therefrom and take the necessary measures to ensure their implementation.

3. The Bulgaria and Romania adhere to the conventions and protocols listed in Annex i. those conventions and protocols enter into force in relation to Bulgaria and Romania on the date determined by the Council in the decisions referred to in paragraph 4.

4. The Council, acting unanimously on a recommendation from the Commission and after consulting the European Parliament, shall make all adjustments required by reason of accession, the conventions and protocols referred to in paragraph 3 and publish the adapted text in the official journal of the European Union.

5. The Bulgaria and Romania undertake in respect of those conventions or protocols referred to in paragraph 3, to introduce administrative and other measures, similar to those adopted by the date of accession by the present Member States or by the Council, and to facilitate practical cooperation between the institutions and organizations in the Member States.

6. The Council, acting unanimously on a proposal from the Commission, may be added to annex I to the conventions, agreements and protocols signed before the date of accession.

Article 4 1. The provisions of the Schengen acquis 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 "the Schengen Protocol"), and the acts building upon it or otherwise related to it, listed in annex II, as well as any other acts adopted before the date of accession , link to Bulgaria and Romania and shall apply in those States from the date of accession.

2. the provisions of the Schengen acquis integrated into the framework of the European Union and the acts building upon it or otherwise related to it not referred to in paragraph 1, while binding on the Bulgaria and Romania from the date of accession, shall apply in each of those States pursuant to a Council decision to that effect After verification, in accordance with the applicable Schengen evaluation procedures, compliance with that State the conditions necessary for the implementation of all parts of the acquis concerned.

The Council takes the your decision, after consulting the European Parliament, acting by unanimity of its members representing the Governments of the Member States in respect of which the provisions referred to in this paragraph have already entered into force and the representative of the Government of the Member State in respect of which those provisions should enter into force. The members of the Council representing the Governments of Ireland and the United Kingdom of Great Britain and Northern Ireland will be taking part in this decision in so far as the same relates to the Schengen acquis and the acts building upon it or otherwise related to it in which these States participate.



Article 5 the Bulgaria and Romania shall participate in economic and Monetary Union from the date of accession as Member States with a derogation within the meaning of article 122 of the EC Treaty.

Article 6 1. The agreements or conventions concluded or provisionally applied by the community or pursuant to articles 24 or 38 of the EU Treaty, with one or more third States, with an international organisation or with a national of a third State link to Bulgaria and Romania under the original treaties and in this Act.

2. The Bulgaria and Romania undertake to accede, under this Act, to the agreements or conventions concluded or signed jointly by the present Member States and the community.

The accession of Bulgaria and Romania to the agreements or conventions concluded or signed by the community and by the present Member States with certain third countries or international organisations shall be agreed by the conclusion of a protocol to such agreements or conventions between the Council, acting unanimously on behalf of the Member States and the third country or countries or international organisation concerned. The Commission shall negotiate these protocols on behalf of the Member States on the basis of negotiating directives adopted by the Council, acting unanimously, and in consultation with a Committee composed of representatives of the Member States. The Commission shall submit to the Council the draft protocols for celebration.

This procedure is without prejudice to the exercise of the community's own powers nor does it affect the allocation of powers between the community and the Member States as regards the conclusion of such agreements in the future or any other amendments not related to accession.

3. When adhering to the agreements and conventions referred to in paragraph 2, Bulgaria and Romania shall, within the framework of these agreements and conventions, the same rights and obligations as the existing Member States.

4. 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 present Member States and the community before accession, with the exception of the free movement of persons concluded with Switzerland. This obligation shall also apply to agreements or conventions which the Union and the present Member States have agreed to apply provisionally.

Pending the entry into force of the protocols referred to in paragraph 2, the community and the Member States, acting jointly if necessary within their respective competences, shall take the appropriate measures.

5. The Bulgaria and Romania join the partnership agreement between the African, Caribbean and Pacific States and the European Community and its Member States 1, signed in Cotonou on 23 June 2000.

6. The Bulgaria and Romania undertake to accede, under this Act, to the agreement on the European economic area 2, in accordance with article 128 of that agreement.

7. from the date of accession, Bulgaria and Romania shall apply the bilateral agreements and arrangements concerning textiles concluded by the community with third countries.

The quantitative restrictions applied by the community on imports of textile and clothing products shall be adjusted to take account of the accession of Bulgaria and Romania to the community. To this end, the community can deal with countries 1 OJ L 317 of 15.12.2000, p. 3. 2 OJ L 1 of 3.1.1994, p. 3.


third parties concerned, before the date of accession, amendments to the bilateral agreements and arrangements referred to above.

If the amendments to the bilateral agreements and arrangements relating to textiles have not yet entered into force at the date of accession, the Community shall carry out the necessary adjustments to its rules for the import of textile and clothing products to take account of the accession of Bulgaria and Romania.

8. The quantitative restrictions applied by the community on imports of steel and steel products shall be adjusted on the basis of imports effected during the last years by Bulgaria and Romania, of steel products originating in the supplier countries concerned.

For this purpose, should be negotiated prior to the date of accession, the necessary amendments to the bilateral agreements and arrangements concluded by the community with third countries.

If the amendments to the bilateral agreements and arrangements not have entered into force at the date of accession, shall apply the provisions of the first paragraph.

9. Fisheries agreements concluded before accession by Bulgaria or Romania with third countries shall be managed by the community.

The rights and obligations arising out of these agreements for Bulgaria and Romania are not affected during the period in which the provisions of the agreements are provisionally maintained.

As soon as possible, but always before the expiry of the agreements referred to in the first subparagraph, shall be taken, case by case, by the Council, acting by a qualified majority on a proposal from the Commission, the appropriate decisions of continuation of fishing activities resulting from those agreements, including the possible extension of some of them for maximum periods of one year.

10. with effect from the date of accession, Bulgaria and Romania shall withdraw from any free trade agreements with third countries, including the Central European free trade agreement.

To the extent that agreements between Bulgaria, Romania or both States, on the one hand, and one or more third States, on the other, are not compatible with the obligations arising from this Act, Bulgaria and Romania should draw on all appropriate steps to eliminate the incompatibilities established. If one of the two States encountering difficulties in adapting to an agreement concluded before accession with one or more third countries, will withdraw from the agreement, in accordance with the provisions laid down in that Treaty.

11. The Bulgaria and Romania accede under the conditions laid down in this Act to the internal agreements concluded by the present Member States for implementation of the agreements or conventions referred to in paragraphs 2, 5 and 6.

12. The Bulgaria and Romania shall take appropriate measures, if necessary, to adapt the rights and obligations of your membership to your position in relation to international organizations and international agreements in which are also parties to the community or other Member States.

In particular, should withdraw at the date of accession or as soon as possible after the same, international fisheries agreements and organisations to which the community is also part, unless your membership relates to other areas than fisheries.

Article 7 1. Unless otherwise provided in this Act, its provisions can be suspended, amended or repealed in accordance with the procedures laid down in the original treaties that allow the review of these.

2. Acts adopted by the institutions referred to the transitional provisions laid down in this Act retain your legal nature; in particular, the processes of change of such acts continue to be applicable to them.

3. The provisions of this Act which have as their object or effect is to repeal or amend acts adopted by the institutions, the non-transient title, have the same legal nature that the provisions so repealed or altered and shall be subject to the same rules as the latter.

Article 8 the application of the original treaties and the acts adopted by the institutions shall be subject, on a transitional basis, the derogations provided for in this Act.

PART TWO ADJUSTMENTS to the TREATIES title I INSTITUTIONAL PROVISIONS article 9 1. The second paragraph of article 189-of the EC Treaty and the second paragraph of article 107 of the EAEC Treaty shall be replaced by the following: "the number of members of the European Parliament shall not exceed 730 and six."

2. With effect from the beginning of the 2004-2009 legislature, in paragraph 2 of article 180 of the EC Treaty and in paragraph 2 of article 108 of the EAEC Treaty, the first subparagraph is replaced by the following: "2. The number of representatives elected in each Member State shall be as follows: Belgium Bulgaria Czech Republic 22 17 22 Denmark 13 Germany 99 Estonia 6 Greece Spain France Ireland 22 50 72 12 72 6 8 Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta 12 6 22 5 25 17 Netherlands Austria Poland Portugal Romania Slovenia 50 22 33 7 13 13 18 Slovakia Finland Sweden United Kingdom 72. "



Article 10 1. Paragraph 2 of article 205(2) of the EC Treaty and the provisions of paragraph 2 of article 118 of the EAEC Treaty shall be replaced by the following: "2. In relation to Council deliberations requiring a qualified majority, the votes of its members shall be weighted as follows: Belgium Bulgaria Czech Republic 12 10 12 7 29 4 Denmark Germany Estonia Greece Spain France Ireland 12 27 29 7 29 Italy Cyprus Latvia Lithuania Luxembourg 4 4 7 12 Hungary 3 Malta 4 Countries Netherlands Austria Poland Portugal 27 10 13 12 14 4 7 Romania Slovakia Slovenia Finland Sweden United Kingdom 10 7 29 the deliberations are taken if they get at least 255 votes expressing the favourable vote of the majority of the members where, in pursuance of this Treaty, should be taken on a proposal from the Commission.

In other cases, decisions are taken if they get at least 255 votes expressing the favourable vote of at least two-thirds of the members. ";

2. In paragraph 2 of article 23 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 paragraph 2 of article 205(2) of the Treaty establishing the European Community. The deliberations will be made if you obtain at least 255 votes expressing the favourable vote of at least two-thirds of the members. When the Council takes a decision by a qualified majority, any of its members may ask you to verify that the Member States constituting the qualified majority represent that at least 62% of the total population of the Union. If this condition is not fulfilled, the decision is not adopted. "

3. In article 34 of the EU Treaty, paragraph 3 shall be replaced by the following: "3. If the Council deliberations requiring a qualified majority, the votes of its members shall be weighted in accordance with paragraph 2 of article 205(2) of the Treaty establishing the European Community; the deliberations will be made if you obtain at least 255 votes expressing the favourable vote of at least two-thirds of the members. When the Council takes a decision by a qualified majority, any of its members may ask you to verify that the Member States constituting the qualified majority represent that at least 62% of the total population of the Union. If this condition is not fulfilled, the decision is not adopted. "

Article 11 1. The first paragraph of article 9 of the Protocol annexed to the EU Treaty, the EC Treaty and the EAEC Treaty on the Statute of the Court of Justice shall be replaced by the following: "the partial replacement of the judges, which is held every three years, alternately in fourteen and thirteen concerns judges."

2. Article 48 of the Protocol annexed to the EU Treaty, the EC Treaty and the EAEC Treaty on the Statute of the Court of Justice shall be replaced by the following: "article 48 the Court of First Instance shall consist of twenty-seven judges".

Article 12, the second paragraph of article 258.º of the EC Treaty and the second paragraph of article 166 of the EAEC Treaty on the composition of the economic and Social Committee shall be replaced by the following: "the number of members of the Committee shall be established as follows: Belgium Bulgaria Czech Republic 12 12 12 9 24 7 Denmark Germany Estonia Greece Spain France Ireland 12 21 24 24 6 9 Italy Cyprus Latvia Lithuania Luxembourg Hungary 7 9 6 12 Malta 5 12 Netherlands Austria Poland Portugal Romania 12 21 12 15 7 9 Slovakia Slovenia Finland Sweden 12 United Kingdom 24 9 "article 13 the third paragraph of article 263 of the EC Treaty, concerning the composition of the Committee of the regions, shall be replaced by the following:" the number of members of the Committee shall be established as follows: Bulgaria Czech Republic 12 Belgium 12 Denmark 9 Germany 24 12 Estonia Greece 12 Spain 21 France 7 24 Ireland 9 Italy Cyprus Latvia Lithuania 24 6 6 7 9 Luxembourg Hungary Malta Netherlands Austria 12 5 12 12 21 12 Portugal Poland Romania Slovenia Slovakia Finland 9 7 15 9 Sweden 12 United Kingdom 24 "article 14 the Protocol on the Statute of the European Investment Bank, annexed to the EC Treaty, is hereby amended as follows: 1. In article 3, between the entries for Belgium and the Czech Republic , insert: "– the Republic of Bulgaria, ' and, between the entries for Portugal and Slovenia:" Romania, "2. In the first subparagraph of paragraph 1 of article 4: a) the introductory phrase is replaced by the following:" 1. The Bank's capital is EUR 164 795 737 000, subscribed by the Member States as follows *: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ * the values listed for Bulgaria and Romania are indicative and based on the 2003 data published by Eurostat.

b) Between the entries for Ireland and Slovakia: "Romania 846 000 000"; and c) between the entries for Slovenia and Lithuania, insert: "Bulgaria 296 000 000" 3. In paragraph 2 of article 11, the first, second and third subparagraphs are replaced by the following: "2. The Board of Directors consists of 28 directors and alternate directors 18.

Administrators are appointed for a period of five years by the Board of Governors, designating each Member State an administrator. The Commission shall appoint an administrator.

Alternate administrators are appointed for a period of five years by the Board of Governors, as follows: — 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 United Kingdom of Great Britain and Northern Ireland-one alternate nominated by common accord of the Kingdom of Spain and the Portuguese Republic ,-one alternate nominated by common accord of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, – an alternate nominated by common accord of the Kingdom of Denmark, the Hellenic Republic, by Ireland and Romania,-one alternate 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 designated by the Commission. ";



Article 15 the first subparagraph of paragraph 2 of article 134 of the EAEC Treaty on the composition of the scientific and Technical Committee, shall be replaced by the following: "2. The Committee shall consist of 41 members, appointed by the Council, after consulting the Commission."

TITLE II OTHER ADJUSTMENTS article 16 the last sentence of paragraph 1 of article 57 of the EC Treaty shall be replaced by the following: "In relation to restrictions in force under national law in Bulgaria, Estonia and Hungary, the applicable date is December 31, 1999."

Article 17 paragraph 1 of article 299 of the EC Treaty shall be replaced by the following:


"1. this Treaty shall apply to the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg , the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland. "



Article 18 1. The second paragraph of article 314 of the EC Treaty shall be replaced by the following: "by virtue of the accession treaties, are equally authentic versions of this Treaty in the Bulgarian, Czech, Danish, Dutch, English, Slovakian, Slovenian, Estonian, Finnish, Greek, Hungarian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian and Swedish.".

2. The second paragraph of article 225 of the EAEC Treaty shall be replaced by the following: "by virtue of the accession treaties, are equally authentic versions of this Treaty in the Bulgarian, Czech, Danish, Dutch, English, Slovakian, Slovenian, Estonian, Finnish, Greek, Hungarian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian and Swedish.".

3. The third paragraph of article 53 of the EU Treaty shall be replaced by the following: "by virtue of the accession treaties, are equally authentic versions of this Treaty in the Bulgarian, Czech, Slovakian, Slovenian, Estonian, Finnish, Hungarian, Latvian, Lithuanian, Maltese, Polish, Romanian and Swedish.".

PART THREE PERMANENT PROVISIONS title I ADJUSTMENTS to the ACTS ADOPTED by the INSTITUTIONS article 19 The acts listed in annex III to this Act shall be adapted in accordance with that annex.

Article 20 the adaptations to the acts listed in annex IV to this Act, required as a result of accession, shall be made in accordance with the guidelines set out in that annex.

TITLE II OTHER PROVISIONS article 21 The measures listed in Annex V of this Act shall be applied under the conditions laid down in that annex.

Article 22 the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may make the adaptations to the provisions of this Act relating to the common agricultural policy which may prove necessary as a result of changes in Community regulations.

PART FOUR TEMPORARY PROVISIONS title I TRANSITIONAL MEASURES article 23 The measures listed in annexes VI and VII to this Act shall apply in relation to Bulgaria and Romania under the conditions laid down in those annexes.

TITLE II INSTITUTIONAL PROVISIONS article 24 1. By way of derogation from the maximum number of members of the European Parliament fixed in the second paragraph of article 189-of the EC Treaty and the second paragraph of article 107 of the EAEC Treaty, the number of members of the European Parliament shall be increased to take account of the accession of Bulgaria and Romania with the following number of members of these countries for the period between the date of accession and the beginning of the 2004-2009 legislature of the European Parliament : 18 Bulgaria Romania 35.

2. Before 31 December 2007, Bulgaria and Romania shall be elected by direct universal suffrage of their people, the number of members of the European Parliament referred to in paragraph 1, in accordance with the provisions of the Act concerning the election of representatives to the European Parliament by direct universal suffrage 1.

3. By way of derogation from paragraph 1 of article 180 of the EC Treaty and of paragraph 1 of article 108 of the EAEC Treaty, if elections take place before accession, MEPs, representatives of the people of Bulgaria and Romania for the period between the date of accession and each of the elections referred to in paragraph 2 , are appointed by the national parliaments of those States among its members, in accordance with the procedure laid down by each of those States.
1 OJ L 278 of 8.10.1976, p. 5. Act as last amended by decision 2002/772/EC, Euratom (OJ L 283 of 21.10.2002, p. 1).

TITLE III FINANCIAL PROVISIONS article 25 1. From the date of accession, Bulgaria and Romania shall pay the amounts listed below, corresponding to your share of capital to pay for the subscribed capital as defined in article 4 of the Statute of the European Investment Bank 1: EUR 14 800 000 Bulgaria Romania EUR 42 300 000 These quotas shall be paid in eight equal installments, to win on May 31 2007 , 31 May 2008, 31 May 2009, 30 November 2009, 31 May 2010, 30 November 2010, 31 May 2011 and 30 November 2011.

2. The Bulgaria and Romania shall contribute, in eight equal installments to win the dates referred to in paragraph 1, to the reserves and provisions equivalent to reserves, as well as to the amount still to be destined to come to the reserves and provisions, comprising the balance of the profit and loss account, established at the end of the month preceding accession as shown on the balance sheet of the Bank, with amounts corresponding to the following percentages of the reserves and provisions 2:0.181% Bulgaria Romania 0.517%.

3. The capital and the amounts referred to in paragraphs 2 and 3 shall be paid by Bulgaria and Romania in cash in euro, save by way of derogation decided unanimously by the Board of Governors.
1 the values mentioned are indicative and based on the 2003 data published by Eurostat.
2 the values mentioned are indicative and based on the 2003 data published by Eurostat.

Article 26 1. The Bulgaria and Romania shall pay the following amounts to the Research Fund for coal and steel referred to in decision 2002/234/ECSC of the representatives of the Governments of the Member States, meeting within the Council, of 27 February 2002 on the financial consequences of the termination of the ECSC Treaty and on the Research Fund for coal and steel 1
: (EUR milhões, at current prices) 11.95 Bulgaria Romania 29.88.

2. The contributions to the Research Fund for coal and steel shall be made in four instalments starting in 2009 and paid as follows, always on the first working day of the first month of each year: 2009:15%: 20% 2010 2011:30% 2012:35%.

Article 27 1. From the date of accession, the contests, the contracting and payments for pre-accession assistance under the Phare programme Phare CBC programme 2 and 3

and assistance under the transition facility referred to in 1 OJ L 79 of 22.3.2002, p. 42. 2 Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid in favour of certain countries of Central and Eastern Europe (OJ L 375 of 23.12.1989, p. 11). Regulation as last amended by Regulation (EC) no 769/2004 (OJ L 123 of 27.4.2004, p. 1).
3 Regulation (EC) No 2760/98 of 18 December 1998 concerning the implementation of a programme for cross-border cooperation within the Phare programme (OJ L 345 of 19.12.1998, p. 49). Regulation as last amended by Regulation (EC) no 1822/2003 (OJ L 267 of 17.10.2003, p. 9).

Article 31 shall be managed, in Bulgaria and Romania, by the implementing agencies from the date of accession.

The Commission will waive the ex-ante control of your contest and procurement process through the adoption of a decision to that effect, following an accreditation procedure conducted by the Commission and a positive evaluation of the extended decentralised implementation System (EDIS) in accordance with the criteria and conditions set out in the annex to Commission Regulation (EC) no 1266/1999 of the Council , of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/89 1 and in article 164 of the financial regulation applicable to the general budget of the European communities 2.

If this Commission decision to waive ex-ante control has not been taken before the date of accession, the contracts signed between the date of accession and the date on which the Commission decision is taken shall not be eligible for pre-accession assistance.

However, exceptionally, if the Commission decision to waive ex-ante control is delayed beyond the date of accession for reasons not attributable to the authorities of Bulgaria or Romania, the Commission may accept, in duly justified cases, eligibility for pre-accession assistance of contracts signed between the date of accession and the date of the Commission decision , and the continuation of pre-accession assistance for a limited period, subject to ex-ante controls by the Commission of competition and award process.

2. The financial authorizations granted before accession under the pre-accession financial instruments referred to in paragraph 1 as well as those granted under the transition facility referred to in article 31 after accession, including the conclusion and registration of individual legal commitments and payments resulting from granted after accession shall continue to be governed by the rules and regulations of the pre-accession financing instruments and be charged to the respective 1 OJ L 161 of 26.6.1999 , p. 68. 2 Council Regulation (EC, Euratom) No 1605/2002 number of 25.6.2002 (OJ L 248 of 16.9.2002, p. 1).

budget chapters until closure of the programmes and projects concerned. Nevertheless, the processing of public procurement procedures initiated after accession will take place in accordance with the applicable Community directives.

3. The last programming exercise of pre-accession assistance referred to in paragraph 1 shall take place in the last year before accession. The operations to be carried out within the framework of these programmes must be awarded within two years. Are not granted extensions of the period of award. Exceptionally and in duly justified cases, limited extensions may be granted for the performance of contracts.

Nevertheless, in the first two years after accession pre-accession funds may be authorized to cover administrative expenses as defined in paragraph 4. For audit and evaluation costs, pre-accession funds may be allowed up to five years after accession.

4. In order to ensure the necessary phasing out of the pre-accession financial instruments referred to in paragraph 1 and of the ISPA programme 1, the Commission may take appropriate measures to ensure that the statutory personnel necessary in Bulgaria and Romania to be kept for a maximum period of nineteen months after accession. During this period, officials, temporary agents and contractual agents placed in Bulgaria and Romania before accession and who are required to remain in service in those States after the date of accession shall, as an exception, from the same financial and material conditions applied by the Commission before accession in accordance with the staff regulations of officials of the European communities and the conditions of employment of other servants of those Communities , laid down in Regulation (EEC, Euratom, ECSC) No 259/68 of the Council 2. The administrative expenditure, including salaries of other staff necessary shall be covered by the heading "phasing out of pre-accession assistance for new Member States" 1 Regulation (EC) No 1267/1999 of 21 June 1999 establishing an instrument for structural policies for pre-accession (OJ L 161 of 26.6.1999, p. 73). Regulation as last amended by Regulation (EC) no 769/2004 (OJ L 123 of 27.4.2004, p. 1).
2 OJ L 56, 4.3.1968 p. 1 of. Regulation as last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124 of 27.4.2004, p. 1).

or equivalent lines of policy area of the general budget of the European communities for the enlargement.

Article 28 1. The measures which, at the date of accession have been the subject of Commission decisions on assistance under Regulation (EC) No 1267/1999 establishing an instrument for structural policies for pre-accession, and whose implementation has not been completed by that date, they shall be considered approved by the Commission in accordance with Regulation (EC) No 1164/94 of 16 May 1994 establishing a cohesion fund 1. The money that still have to be authorized for the purposes of the implementation of these measures will be under the regulation on the Cohesion Fund in force at the date of accession and charged to the chapter corresponding to this regulation in the general budget of the European communities. Except as otherwise provided in paragraphs 2 to 5, will apply to these measures the provisions governing the implementation of measures adopted under this regulation.


2. Any procurement procedure relating to the measures referred to in paragraph 1 which at the date of accession, has already been subject to publication of a call for proposals in the official journal of the European Union will be run according to the rules set out in this announcement. However, will not apply the provisions of article 165 of the financial regulation applicable to the general budget of the European communities. Any procurement procedure relating to the measures referred to in paragraph 1 which has not yet been published an invitation to tender in the official journal of the European Union must respect the provisions of the treaties and other acts adopted for your implementation and Community policies, including those concerning environmental protection, transport, trans-European networks , competition and the award of public contracts.

3. Payments made by the Commission under a measure referred to in paragraph 1 shall be allocated to the oldest open budget, first and foremost in accordance with 1 OJ L 130 of 25.5.1994. Regulation as last amended by the 2003 Act of accession (OJ L 236 of 23.9.2003, p. 33).

Regulation (EC) No 1267/1999, and then pursuant to the Regulation relating to the cohesion fund then in force.

4. the rules for the eligibility of expenditure pursuant to Regulation (EC) No 1267/1999 shall continue to apply the measures referred to in paragraph 1, except in duly justified cases to be decided by the Commission at the request of the Member State concerned.

5. In exceptional and duly justified cases, the Commission may decide to authorise specific exemptions from the rules applicable pursuant to the regulation on the Cohesion Fund in force at the date of accession in respect of the measures referred to in paragraph 1.

Article 29 where the period of multiannual commitments under the SAPARD programme 1 for the afforestation of agricultural land, support for the establishment of producer groups or agri-environmental schemes exceed the allowable end date for payments under SAPARD, the outstanding commitments will be covered by the rural development programme for 2007-2013. If, in this context, specific transitional measures are required, these shall be adopted in accordance with paragraph 2 of article 50 of Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds 2.

Article 30 1. The Bulgaria, after having closed definitely, for subsequent decommissioning, the unit 1 and unit 2 of the Kozloduy Nuclear power plant before 2003 in accordance with the commitments undertaken by you, undertakes to terminate 1 Regulation (EC) No 1268/1999 of 21 June 1999 on community support for pre-accession measures for agriculture and rural development in the applicant countries of Central and Eastern Europe during the pre-accession period (OJ L 161 of 26.6.1999, p. 87). Regulation as last amended by Regulation (EC) no 2008/2004 (OJ L 349 of 25.11.2004, p. 12).
2 OJ L 161 of 26.6.1999, p. 1. Regulation as last amended by the 2003 Act of accession (OJ L 236 of 23.9.2003, p. 33).

definitely the unit 3 and unit 4 of this in 2006, as well as to carry out the subsequent decommissioning of these units.

2. During the period from 2007 to 2009, the Community shall grant financial assistance to Bulgaria to support its efforts to decommission and to address the consequences of the closure and of the decommissioning of Units 1 to 4 of the Kozloduy Nuclear power plant.

The assistance will cover, inter alia: measures to support the decommissioning of Units 1 to 4 of the Kozloduy Nuclear power plant; environmental adaptation measures, in accordance with the acquis; modernisation measures in the sectors of production, transport and distribution of conventional energy in Bulgaria; measures to improve energy efficiency, increase the use of renewable energy sources and improve the security of energy supply.

For the period of 2007 to 2009, the assistance shall amount to EUR 210 million (2004 prices) in commitment appropriations, to be distributed by equal annual instalments of EUR 70 million (2004 prices).

The assistance, or portions thereof, may be made available as a Community contribution to the Fund of international support to the decommissioning of Kozloduy, managed by the European Bank for reconstruction and development.

3. The Commission may adopt rules for the implementation of the assistance referred to in paragraph 2. The rules shall be adopted in accordance with Council decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission 1. To this end, the Commission shall be assisted by a Committee. Articles 4 and 7 of decision 1999/468/EC. The period laid down in paragraph 3 of article 4 of decision 1999/468/EC shall be set at six weeks. The Committee shall adopt your rules of procedure.


1 OJ L 184 of 17.7.1999, p. 23 (Corrigendum: OJ L 269 of 19.10.1999, p. 45).

Article 31 1. In the first year after accession, the Union shall provide temporary financial assistance, hereinafter referred to as the "transition facility", to Bulgaria and Romania for the development and the strengthening of administrative and judicial capacity of your implementation and enforcement of Community legislation and to foster exchange of best practice among peers. This assistance shall fund institution-building projects and a limited number of small investments subsidiaries.

2. This assistance should respond to the need to continue to strengthen the institutional capacity in certain areas through action which cannot be financed by the structural funds or the rural development funds.

3. the twinning projects between public administrations for the purpose of institutional development, will continue to apply the procedure for call for proposals through the network of contact points in the Member States, as laid down in the framework agreements with Member States for the purpose of pre-accession assistance.

The amount of commitment appropriations for the transition facility, at 2004 prices, for Bulgaria and Romania, shall be EUR 82 million in the first year after accession to national and horizontal priorities. The appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.


4. the granting of assistance under the transition facility shall be established and implemented in accordance with Regulation (EEC) No 3906/89 on economic aid in favour of certain countries of Central and Eastern Europe.

Article 32 1. Is created a mechanism of financial flows and Schengen, on a temporary basis, in order 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, with a view to the application of the Schengen acquis and external border control, and to further enhance financial flows in national budgets.

2. For the period 2007-2009, will be available the following amounts (2004 prices) to Bulgaria and Romania in the form of lump sum payments under the temporary mechanism of financial flows and Schengen: (EUR milhões, 2004 prices) 2007 2008 2009 121.8 59.1 58.6 Bulgaria Romania 3 297.2 131.8 130.8. At least 50% of each country allocation under the temporary mechanism of financial flows and Schengen will be used to help Bulgaria and Romania to fulfill your obligation to finance actions at the new external borders of the Union, with a view to the application of the Schengen acquis and external border control.

4. Must be paid to Bulgaria and Romania one twelfth of each annual amount on the first working day of each month of the year. The lump sums paid shall be used within three years from the first payment. No later than six months after the end of that period of three years, Bulgaria and Romania shall submit a comprehensive report on the final execution given to lump sums paid under the Schengen part of the temporary mechanism of financial flows and Schengen, accompanied by a statement justifying the expenditure. Any funds not used or used in an unsupported way justified will be recovered by the Commission.

5. The Commission may adopt any technical provisions necessary for the operation of the temporary mechanism of financial flows and Schengen.



Article 33 1. Without prejudice to its future political decisions, the total amount of commitment appropriations for structural actions to be made available for Bulgaria and Romania over the three-year period 2007-2009 will be as follows: (EUR milhões, 2004 prices) 2007 2008 2009 Bulgaria Romania 1 399 1 972 2 603 2 539 759 1 002. During the three-year period 2007-2009, the scope and nature of the interventions within these fixed allocations will be determined on the basis of the provisions then applicable to structural actions expenditure.

Article 34 1. In addition to the regulations concerning rural development in force on the date of accession, the provisions in sections I to III of annex VIII shall apply to Bulgaria and Romania during the period from 2007 to 2009 and the specific financial provisions laid down in section IV of annex VIII shall apply to Bulgaria and Romania throughout the programming period 2007 to 2013.

2. Without prejudice to its future political decisions, commitment appropriations from the EAGGF-guarantee section-for rural development of Bulgaria and Romania for the period 2007-2009 amount to EUR 3 041 milhões (2004 prices).

3. Detailed rules necessary for the implementation of the provisions of annex VIII shall be adopted in accordance with paragraph 2 of article 50 of Regulation (EC) No 1260/1999.

4. The Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall, where necessary, to adapt the provisions of annex VIII in order to ensure coherence with the regulations concerning rural development.

Article 35 the amounts referred to in articles 30, 31, 32, 33 and 34 shall be adjusted annually by the Commission, in line with movements in prices as part of the annual technical adjustments to the financial perspective.

TITLE IV OTHER PROVISIONS article 36 1. If, by the end of a period of three years after accession, difficulties arise serious and likely to persist in a sector of economic activity or to determine a serious deterioration in the economic situation of a given region, Bulgaria or Romania may request to be allowed to take protective measures to rebalance the situation and adjust the sector concerned to the economy of the internal market.

In the same circumstances, any present Member State may request that he be allowed to take protective measures with regard to Bulgaria, Romania, or both those States.

2. at the request of the State concerned, the Commission shall, by emergency procedure, the protective measures which it deems necessary, specifying the conditions and rules of your 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 of receipt of the application, accompanied by the criteria. The measures decided are immediately applicable, must meet the interests of all parties concerned and shall not entail frontier controls.

3. The measures authorised under paragraph 2 may behave derogations from rules of the EC Treaty and from this Act, to the extent and for the time limits strictly necessary to attain the objectives set out in paragraph 1. Priority should be given to measures which involve the least amount of disturbance in the functioning of the internal market.

Article 37 if Bulgaria or Romania has not complied with the commitments made in the context of the accession negotiations, including those undertaken in any of the sectoral policies which concern economic activities with cross-border implications, thus giving rise to a serious disturbance or a risk of serious disruption of the functioning of the internal market, the Commission may, upon a reasoned request of a Member State or on its own initiative , take appropriate action, for a maximum period of three years from the date of accession.


The measures must be proportionate, giving priority to those which cause less disruption in the functioning of the internal market and, where appropriate, the application of the sectoral safeguard mechanisms. These safeguard measures shall not be invoked as a means of arbitrary discrimination or disguised restriction on trade between Member States. The safeguard clause may be invoked even before accession on the basis of the conclusions of the follow-up and the measures enter into force on the first day of accession unless they establish a later date. The measures cannot be maintained for a period greater than the strictly necessary and must be raised anyway when has been fulfilled the undertaking concerned, which may however be applied beyond the period specified in the first paragraph as long as relevant commitments are not met. In response to progress made by the new Member State concerned in fulfilling its commitments, the Commission may adapt the measures as appropriate. The Commission shall inform the Council in good time before revoking safeguard measures, with due regard to any observations of the Council in this respect.



Article 38 in Bulgaria or Romania occur or there is an imminent risk of serious shortcomings are in the transposition, State of implementation or the implementation of framework decisions or any other commitments, instruments of cooperation and decisions relating to mutual recognition in the field of criminal law adopted under Title VI of the EU Treaty and directives and regulations relating to mutual recognition in civil matters under Title IV of the EC Treaty the Commission may, upon a reasoned request of a Member State or on your own initiative, and after consulting the Member States, take appropriate measures and specify the conditions and procedures for the implementation of those measures for a period of up to three years after accession.

These measures may take the form of temporary suspension of the application of the relevant provisions and decisions in the relations between Bulgaria or Romania and any other Member States, without prejudice to the continuation of close judicial cooperation. The safeguard clause may be invoked even before accession on the basis of the conclusions of the follow-up and the measures enter into force on the first day of accession unless they establish a later date. The measures cannot be maintained for a period greater than the strictly necessary and must be raised anyway when the gaps have been filled, which may however be applied beyond the period specified in the first paragraph as long as those gaps remain. In response to progress made by the new Member State concerned in rectifying the identified shortcomings, the Commission may adapt the measures as appropriate after consulting the Member States. The Commission shall inform the Council in good time before revoking safeguard measures, with due regard to any observations of the Council in this respect.

Article 39 1. If, on the basis of ongoing monitoring by the Commission of the commitments made by Bulgaria and Romania in the context of the accession negotiations, and in particular in the monitoring reports of the Commission, be apparent that the State of preparations for adoption and implementation of the acquis in Bulgaria or Romania implies a serious risk of any of these States do not be manifestly unprepared to meet the requirements for EU membership by the date of accession – 1 January 2007 – in several important areas, the Council may, acting unanimously on a recommendation from the Commission, decide that the date of accession of that country to be postponed by one year, to 1 January 2008.

2. Notwithstanding paragraph 1, the Council may, acting by a qualified majority on a recommendation from the Commission, to take the decision referred to in paragraph 1 with respect to Romania if serious shortcomings have been observed in the fulfilment on the part of this country, of one or more of the commitments and requirements listed in annex IX, part I.

3. by way of derogation from paragraph 1 and without prejudice to article 37, the Council may, acting by a qualified majority on a recommendation from the Commission and after starting in the fall of 2005, a detailed assessment of the progress made by Romania in the field of competition policy, take the decision referred to in paragraph 1 with respect to Romania if serious shortcomings have been observed in the fulfilment for part of this country, the obligations undertaken under the Europe Agreement 1 or of one or more of the commitments and requirements listed in annex IX, part II.

4. In the event of a decision under paragraphs 1, 2 or 3, the Council, acting by a qualified majority, shall decide immediately of adaptations of this Act, as well as its annexes and appendices, it becomes essential to enter due to the decision of postponement.

Article 40 in order not to disturb the proper functioning of the internal market, the application of the internal rules of the Bulgaria and Romania during the transitional periods referred to in 1 Europe 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 of 31.12.1994, p. 2).

Annexes VI and VII may not lead to border controls between Member States.

Article 41 If transitional measures are necessary to facilitate the transition from the existing regime in Bulgaria and Romania to the regime resulting from the application of the common agricultural policy under the conditions set out in this Act, such measures shall be adopted by the Commission in accordance with paragraph 2 of article 25 of Regulation (EC) No 1784/2003 of 29 September 2003 the common organisation of the market in cereals 1 or, where appropriate, the corresponding articles of the other regulations on the common organisation of markets in the agricultural sector, or in accordance with the procedure determined by law. The transitional measures referred to in this article may be taken during a period of three years from the date of accession, and your application limited to that period. The Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may extend this period.


Transitional measures concerning the application of the legal instruments relating to the common agricultural policy not specified in this Act, made necessary as a result of accession, must be adopted before the date of accession by the Council, acting by a qualified majority on a proposal from the Commission, or, if they affect instruments initially adopted by the Commission, by this institution in accordance with the procedure required for the adoption of the instruments in question.

Article 42 If transitional measures are necessary to facilitate the transition from the existing regime in Bulgaria and Romania to the regime resulting from the implementation of Community legislation in the veterinary field, plant health and food safety, these measures shall be adopted by the Commission according to the procedure determined by the 1 OJ L 270 of 21.10.2003, p. 78.

applicable law. These measures are taken during a period of three years from the date of accession, and your application limited to that period.

PART FIVE PROVISIONS relating to the application of THIS ACT title I SETTING UP of the institutions and bodies article 43 the European Parliament should introduce in your Regiment the necessary adaptations by reason of accession.

Article 44 the Council must introduce into your rules of procedure the necessary adaptations by reason of accession.

Article 45 Should be appointed as a member of the Commission one national of each of the new Member States from the date of accession. The new members of the Commission are appointed by the Council, acting by a qualified majority and by common accord with the President of the Commission, after consulting the European Parliament.

The term of Office of those members ceases at the same time that the members in Office at the date of accession.

Article 46 1. Should be named two new judges to the Court of Justice and two new judges to the Court of First Instance.

2. The term of Office of one of the judges of the Court of Justice appointed in accordance with paragraph 1 shall expire on 6 October 2009. This Court shall be chosen by lot. The mandate of the other judge shall expire on 6 October 2012.

The mandate of one of the judges of the Court of First Instance appointed in accordance with paragraph 1 shall expire on 31 August 2007. This Court shall be chosen by lot. The mandate of the other judge shall expire on 31 August 2010.

3. The Court shall enter in your rules of procedure the necessary adaptations by reason of accession.

The Court of First Instance, in agreement with the Court of Justice, must introduce into your rules of procedure the necessary adaptations by reason of accession.

The regulations of procedure thus adapted should be approved by the Council, acting by a qualified majority.

4. for the trial of cases pending in the courts on the date of accession, whose oral procedure has been initiated before that date, the full Courts or the Chambers shall meet with the composition which had before accession and apply the rules of procedure in force the day before the date of accession.

Article 47 the Court of Auditors should be increased with the appointment of two new members, with a mandate of six years.

Article 48 the European economic and Social Committee shall be enlarged by the appointment of 27 members representing the various sectors of economic and social life of organised civil society from Bulgaria and Romania. The term of Office of those members ceases at the same time that the members in Office at the date of accession.

Article 49 the Committee of the regions shall be enlarged by the appointment of 27 members representing the regional and local regional authorities of Bulgaria and Romania, being either hold a regional or local authority electoral mandate or are politically accountable to an elected Assembly. The term of Office of those members ceases at the same time that the members in Office at the date of accession.

Article 50 the adaptations of the statutes and rules of procedure of the committees established by the original treaties, required as a result of accession, shall be made as soon as possible after accession.

Article 51 1. The new members of the committees, groups and other bodies created by the treaties or by an act of the institutions shall be appointed under the conditions and pursuant to the appointment of the members of these committees, groups and other bodies. The mandate of the newly appointed members shall expire at the same time that the members in Office at the date of accession.

2. The composition of committees or groups created by the treaties or by an act of the institutions with a number of members fixed irrespective of the number of Member States will be renewed in full at the date of accession, unless the term of Office of the current members cease within one year from the date of accession.

TITLE II APPLICABILITY of the ACTS of the INSTITUTIONS article 52 upon accession, Bulgaria and Romania are considered addressees of directives and decisions within the meaning of article 249 of the EC Treaty and article 161 of the EAEC Treaty, provided that all the present Member States have been recipients of these directives and decisions. With the exception of the directives and decisions which have entered into force in accordance with paragraphs 1 and 2 of article 254 of the EC Treaty, it is considered that Bulgaria and Romania were notified of these directives and decisions at the date of accession.

Article 53 1. The Bulgaria and Romania shall bring into force, as from the date of accession, the measures necessary to comply with the provisions of directives and decisions within the meaning of article 249 of the EC Treaty and article 161 of the EAEC Treaty, unless another time limit is fixed in this Act. Shall notify those measures to the Commission not later than the date of accession or, where appropriate, by the deadline laid down in this Act.

2. to the extent that the amendments made by this Act in directives within the meaning of article 249 of the EC Treaty and article 161 of the EAEC Treaty, require the modification of the laws, regulations and administrative provisions of the present Member States, they shall bring into force the measures necessary to comply with the directives changed from the date of accession unless another time limit is fixed in this Act. Shall notify those measures to the Commission not later than the date of accession or until the deadline laid down in this Act, whichever is later.

Article 54


The laws, regulations and administrative provisions aimed at ensuring the protection of the health of workers and the general public against the dangers arising from ionizing radiations on the territory of Bulgaria and of Romania shall, pursuant to article 33 of the Euratom Treaty, be communicated by those States to the Commission within three months of accession.

Article 55 Upon duly motivated request by Bulgaria or Romania submitted to the Commission not later than the date of accession, the Council, acting on a proposal from the Commission, or the Commission, if the original Act was adopted by the Commission, may take measures consisting of temporary derogations from acts of the institutions adopted between 1 October 2004 and the date of accession. The measures shall be adopted according to the voting rules governing the adoption of the Act in respect of which a temporary derogation is requested. Where these derogations are adopted after accession can be applied from the date of accession.

Article 56 where acts of the institutions adopted prior to accession should be adapted by reason 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 the original Act was adopted by the Commission, shall adopt the necessary acts for that purpose. Where these adaptations are adopted after accession can be applied from the date of accession.

Article 57 unless otherwise stipulated, the Council, acting by a qualified majority on a proposal from the Commission, shall adopt the necessary measures to apply the provisions of this Act.

Article 58 the texts of the acts of the institutions and of the European Central Bank, adopted before accession and drawn up by the Council, by the Commission or by the European Central Bank in the Bulgarian and Romanian languages shall be authentic from the date of accession, under the same conditions as the texts drawn up in the present official languages. These texts shall be published in the official journal of the European Union, where the current texts also have been.

TITLE III FINAL PROVISIONS article 59 annexes I to IX and the appendices thereto shall form an integral part of this Act.

Article 60 the Government of the Italian Republic shall transmit to the Governments of the Republic of Bulgaria and Romania a certified copy of the Treaty on European Union, the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community, as well as of treaties modifying or supplementing them, including the Treaty concerning the accession of the Kingdom of Denmark Ireland and the United Kingdom of Britain and Northern Ireland, the Treaty concerning the accession of the Hellenic Republic, the Treaty concerning the accession of the Kingdom of Spain and the Portuguese Republic, the Treaty concerning the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, and the Treaty concerning the accession of the Czech Republic , the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the Czech, Danish, Dutch, English, Slovakian, Slovenian, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Spanish and Swedish.

The texts of those treaties, drawn up in the Bulgarian and Romanian languages, have been 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, drawn up in the present languages.

Article 61 the Secretary-General of the Council shall send to the Governments of the Republic of Bulgaria and Romania a certified copy of the international agreements deposited in the archives of the General Secretariat of the Council of the European Union.

Annex I list of conventions and protocols to which Bulgaria and Romania accede upon accession (referred to in paragraph 3 of article 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 of 9.10.1980, p. 1)-Convention of 10 April 1984 on 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 of 31.5.1984 , p. 1)-first Protocol of 19 December 1988 on 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 L 48 of 20.2.1989, p. 1)-second Protocol of 19 December 1988 conferring on the Court of Justice of the European communities certain powers to interpret the Convention on the law applicable to contractual obligations , opened for signature in Rome on 19 June 1980 (OJ L 48 of 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 of 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, and to the first and second protocols regarding your interpretation by the Court of Justice (OJ C 15 to 15.1.1997 , p. 10) 2. Convention of 23 July 1990 on the Elimination of double taxation in the case of correction of profits of associated enterprises (OJ L 225 of 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 case of correction of profits of associated enterprises (OJ C 26 of 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 case of correction of profits of associated enterprises (OJ C 202 of 16.7.1999, p. 1) 3. Convention of 26 July 1995, drawn up on the basis of article k. 3 of the Treaty on European Union, on the protection of the communities ' financial interests (OJ C 316 of 27.11.1995, p. 49)


-Protocol of 27 September 1996, drawn up on the basis of article k. 3 of the Treaty on European Union, the Convention on the protection of the European Communities ' financial interests (OJ C 313 of 23.10.1996, p. 2)-Protocol of 29 November 1996, drawn up on the basis of article k. 3 of the Treaty on European Union, on the interpretation by way of preliminary ruling by the Court of Justice of the European communities of the Convention on the protection of the European Communities ' financial interests (OJ C 151 of 20.5.1997, p. 2)-second Protocol of 19 June 1997, drawn up on the basis of article k. 3 of the Treaty on European Union, the Convention on the protection of the European Communities ' financial interests (OJ C 221 of 19.7.1997, p. 12) 4. Convention of 26 July 1995, drawn up on the basis of article k. 3 of the Treaty on European Union on the establishment of a European Police Office (Europol Convention) (OJ C 316 of 27.11.1995, p. 2)-Protocol of 24 July 1996, drawn up on the basis of article k. 3 of the Treaty on European Union, on the interpretation by way of preliminary ruling by the Court of Justice of the European communities of the Convention on the establishment of a European Police Office (OJ C 299 of 9.10.1996 , p. 2)-Protocol of 19 June 1997, drawn up on the basis of article k. 3 of the Treaty on European Union and paragraph 3 of article 41 of the Europol Convention, on the privileges and immunities of Europol, the members of its organs, the Deputy Directors and employees of Europol (OJ C 221 of 19.7.1997, p. 2)-Protocol of 30 November 2000 based on paragraph 1 of article 43 of the Convention on the establishment of a European Police Office (Europol Convention) and amending article 2 and the annex to that Convention (OJ C 358 of 13.12.2000, p. 2)-Protocol of 28 November 2002 amending the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on the privileges and immunities of Europol, the members of its organs, the Deputy Directors and employees of Europol (OJ C 312 of 16.12.2002 , p. 2)-Protocol of 27 November 2003, drawn up on the basis of paragraph 1 of article 43 of the Convention on the establishment of a European Police Office (Europol Convention) amending that Convention (OJ C 2 of 6.1.2004, p. 3) 5. Convention of 26 July 1995, drawn up on the basis of article k. 3 of the Treaty on European Union, on the use of information technology for customs purposes (OJ C 316 of 27.11.1995, p. 34)-Protocol of 29 November 1996, drawn up on the basis of article k. 3 of the Treaty on European Union, on the interpretation by way of preliminary ruling by the Court of Justice of the European communities of the Convention on the use of information technology for customs purposes (OJ C 151 of 20.5.1997 , p. 16)-Protocol of 12 March 1999, drawn up on the basis of article k. 3 of the Treaty on European Union, concerning the scope of the concept of money laundering in the Convention on the use of information technology for customs purposes and the inclusion of the registration number of the means of transport in the Convention (OJ C 91 of 31.3.1999 , p. 2)-Protocol of 8 May 2003, established in accordance with article 34 of the Treaty on European Union, amending, as regards the creation of a file of customs identification, the Convention on the use of information technology for customs purposes (OJ C 139 of 13.6.2003, p. 2) 6. Convention of 26 May 1997, drawn up on the basis of paragraph 2, point (c)), article k. 3 of the Treaty on European Union, on the fight against corruption involving officials of the European communities or officials of Member States of the European Union (OJ C 195 of 25.6.1997, p. 2) 7. Convention of 18 December 1997, drawn up on the basis of article k. 3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations (OJ C 24 of 23.1.1998, p. 2) 8. Convention of 17 June 1998, drawn up on the basis of article k. 3 of the Treaty on European Union, on driving disqualifications (OJ C 216 of 10.7.1998, p. 2) 9. Convention of 29 May 2000, drawn up by the Council in accordance with article 34 of the Treaty on European Union, on mutual assistance in criminal matters between the Member States of the European Union (OJ C 197 of 12.7.2000, p. 3)-Protocol of 16 October 2001 to the Convention on mutual legal assistance in criminal matters between the Member States of the European Union drawn up by the Council in accordance with article 34 of the Treaty on European Union (OJ C 326 of 21.11.2001, p. 2) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ANNEX II list of provisions of the Schengen acquis integrated into the framework of the European Union and the acts building upon it or otherwise related to it that link the new Member States and shall apply in those States from the date of accession (referred to in paragraph 1 of article 4 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 their common borders, of 14 June 1985 1.

2. The following provisions of the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders, signed in Schengen on 19 June 1990 2, its related Final Act and joint declarations, changed by some of the acts listed in paragraph 8 below: article 1 in so far as it relates to the provisions of this paragraph; articles 3 to 7, with the exception of subparagraph (d)) of paragraph 1 of article 5; Article 13; articles 26 and 27; Article 39; articles 44 to 59; articles 61 to 63; articles 65 to 69; articles 71 to 73; articles 75 and 76; Article 82; Article 91; articles 126 to 130 to the extent that relate to the provisions of this paragraph; and article 136; Joint declarations 1 and 3 of the Final Act.

3. The following provisions of the agreements of accession to the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders, signed in Schengen on 19 June 1990, their final acts and declarations that accompany them, changed by some of the acts listed in paragraph 8 below: 1 OJ L 239 of 22.9.2000 , p. 13. 2 OJ L 239 of 22.9.2000, p. 19. Convention as last amended by Regulation (EC) no 871/2004 (OJ L 162 of 30.4.2004, p. 29).

the) agreement signed on 27 November 1990 on accession of the Italian Republic: – – article 4, Joint Declaration 1 in part II of the Final Act;


b) agreement signed on 25 June 1991 on accession of the Kingdom of Spain: – article 4, Joint Declaration 1 in part-II of the Final Act, Declaration 2 in part III – the Final Act;

c) agreement signed on 25 June 1991 on accession of the Portuguese Republic: articles 4, 5 and 6,-Joint Declaration 1 in part II of the Final Act;

d) agreement signed on 6 November 1992 on accession of the Hellenic Republic: articles 3, 4 and 5, — Joint Declaration 1 in part II of the Final Act, Declaration 2 in part III – the Final Act;

and) agreement signed on 28 April 1995 on accession of the Republic of Austria: article 4, Joint Declaration 1 in part II of the Final Act;

f) agreement signed on 19 December 1996 on accession of the Kingdom of Denmark: – article 4, paragraph 2 of article 5 and article 6-joint declarations 1 and 3 in part II of the Final Act;

g) agreement signed on 19 December 1996 on accession of the Republic of Finland: articles 4 and 5, joint declarations 1 and 3 in part II of the Final Act,-Declaration of the Government of the Republic of Finland on the Åland Islands in part III of the Final Act;

h) agreement signed on 19 December 1996 on accession of the Kingdom of Sweden: articles 4 and 5, joint declarations 1 and 3 in part II of the Final Act.

4. The following agreements concluded by the Council pursuant to article 6 of the Schengen Protocol: – agreement of 18 May 1999 concluded by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway concerning the Association of the two States with the implementation, application and development of the Schengen acquis, including the annexes, the Final Act the declarations and exchanges of letters annexed thereto 1, approved by Council decision 1999/437/EC 2,-Agreement of 30 June 1999 concluded by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway which defines the rights and obligations between, on the one hand, Ireland and the United Kingdom of Great Britain and Northern Ireland and on the other hand, the Republic of Iceland and the Kingdom of Norway, in areas of the Schengen acquis applicable to those 3 States, approved by decision 2000/2900/EC 4,-agreement signed on 25 October 2004 by the Council of the European Union and the Swiss Confederation concerning the Association of Switzerland Switzerland, Confederation with the implementation, application and development of the Schengen acquis 5.
1 OJ L 176 of 10.7.1999, p. 36. 2 OJ L 176 of 10.7.1999, p. 35. 3 OJ L 15 of 20.1.2000, p. 2. 4 OJ L 15 of 20.1.2000, p. 1. 5 1 time still pending conclusion of this agreement in so far as it applies provisionally.

5. the provisions of the following decisions of the Executive Committee established by the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders, signed in Schengen on 19 June 1990, changed 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 the declarations by the Ministers and State Secretaries SCH/Com-ex (93) 14 Decision of the Executive Committee of 14 December 1993 on improving practical judicial cooperation for combating the illicit traffic in narcotic drugs SCH/Com-ex (94) 16 rev decision of the Executive Committee of 21 November 1994 on the acquisition of common entry and exit stamps SCH/Com-ex (94) 28 rev decision of the Executive Committee of 22 December 1994 on the medical certificate required to carry narcotic drugs and/or substances Psychotropic SCH/Com-ex (94) 29, 2nd rev decision of the Executive Committee of 22 December 1994 concerning the entry into application of the Schengen implementing Convention of 19 June 1990 SCH/Com-ex (95) 21 decision of the Executive Committee of 20 December 1995 concerning the exchange of statistics and hard data that may reveal malfunctions at the external borders SCH/Com-ex (98) 1 , 2nd rev decision of the Executive Committee of 21 April 1998 on the report on the activities of the Task Force, in so far as it relates to the provisions of point 2 above SCH/Com-ex (98) 26 def decision of the Executive Committee of 16 September 1998 setting up a Standing Committee for evaluation and implementation of Schengen SCH/Com-ex (98) 35 , 2nd rev decision of the Executive Committee of 16 September 1998 on forwarding the common Manual to States with which specific negotiations are under way for accession to the European Union SCH/Com-ex (98) 37 def 2 decision of the Executive Committee of 27 October 1998 on the adoption of measures to fight illegal immigration, insofar as it relates to the provisions of point 2 above SCH/Com-ex (98) 51 , 3rd rev decision of the Executive Committee of 16 December 1998 concerning police cooperation in preventing and investigating criminal offences SCH/Com-ex (98) 52 decision of the Executive Committee of 16 December 1998 on the Handbook on cross-border police cooperation, insofar as it relates to the provisions of point 2 above SCH/Com-ex (98) 57 decision of the Executive Committee of 16 December 1998 on the introduction of a standard document proof of invitation, the invitation or certificate of commitment to accommodation SCH/Com-ex (98) 59 rev decision of the Executive Committee of 16 December 1998 on the coordinated intervention documentation consultants SCH/Com-ex (99) 1, rev 2 decision of the Executive Committee of 28 April 1999 concerning the situation on drugs SCH/Com-ex (99) 6 decision of the Executive Committee of 28 April 1999 on the Telecom SCH/Com-ex ( 99) 7, 2nd rev decision of the Executive Committee of 28 April 1999 on liaison officers SCH/Com-ex (99) 8, 2nd rev decision of the Executive Committee of 28 April 1999 on general principles governing the payment of informers SCH/Com-ex (99) 10 decision of the Executive Committee of 28 April 1999 on the illegal trafficking of arms SCH/Com-ex (99) 13 decision of the Executive Committee of 28 April 1999 on the versions final of the Common Consular Instructions and the common Manual:-Annexes 1-3, 7, 8:15 of the Common Consular instructions-the common Manual, insofar as 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 on the police cooperation in preventing and investigating criminal offences


6. The following declarations of the Executive Committee established by the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders, signed in Schengen on 19 June 1990, as referring to the provisions of paragraph 2 above: SCH/Com-ex (96) 6, 2nd rev. Declaration of the Executive Committee of 26 June 1996 on extradition SCH/Com-ex (97) 13 , 2nd rev. Declaration of the Executive Committee of 9 February 1998 on the abduction of minors 7. The following decisions of the Central Group established by the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders, signed in Schengen on 19 June 1990, as referring to the provisions of paragraph 2 above: SCH/C (98) 117 decision of the Central Group of 27 October 1998 on the adoption of measures to fight illegal immigration SCH/C (99) 25 Decision of the Central Group of 22 March 1999 on general principles governing the payment of informers.

8. The following acts are based on the Schengen acquis or otherwise related to it: Commission Regulation (EC) No 1683/95 of 29 May 1995 laying down a uniform format for visas (OJ L 164 of 14.7.1995, p. 1) Council decision 1999/307/EC of 1 May 1999 laying down the procedures for the integration of the Schengen Secretariat into the General Secretariat of the Council (OJ L 119 of 7.5.1999 , p. 49) Decision 1999/435/EC of 20 May 1999 concerning the definition of the Schengen acquis in order to determine, in accordance with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute (OJ L 176 of 10.7.1999 , p. 1) Council decision 1999/436/EC of 20 May 1999 determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the Schengen acquis (OJ L 176 of 10.7.1999, p. 17) Council decision 1999/437/EC of 17 May 1999 on certain rules of application of the agreement concluded by the Council of the European Union with the Republic of Iceland and the Kingdom of Norway concerning the Association of the two States with the implementation, application and development of the Schengen acquis (OJ L 176 of 10.7.1999, p. 31) Decision 1999/848/EC of 13 December 1999 on the full entry into force of the Schengen acquis in Greece (OJ L 327 of 21.12.1999, p. 58) Decision 2000/365/EC of 29 May 2000, concerning the request of the United Kingdom of Great Britain and Northern Ireland to participate in some of the provisions of the Schengen acquis (OJ L 131 of 1.6.2000, p. 43) Decision 2000/586/JHA , of 28 September 2000 establishing a procedure for the amendment of paragraphs 4 and 5 of article 40, paragraph 7 of article 41 and paragraph 2 of article 65 of the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders (OJ L 248 of 3.10.2000 , p. 1) Council decision 2000/751/EC of 30 November 2000, on declassifying certain parts of the common Manual adopted by the Executive Committee established by the Convention implementing the Schengen agreement of 14 June 1985 (OJ L 303 of 2.12.2000, p. 29) Decision 2000/777/EC of 1 December 2000 on the application of the Schengen acquis in Denmark, Finland and Sweden in, as well as in Iceland and Norway (OJ L 309 of 9.10.2000, p. 24) Council Regulation (EC) No 539/2001 of 15 March 2001, listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81 of 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 procedures for examining visa applications (OJ L 116 of 26.4.2001, p. 2) Regulation (EC) no 790/2001 of 24 April 2001, reserving to the Council implementing powers with regard to certain implementing provisions and practical procedures for the implementation of control and monitoring of borders (OJ L 116 of 26.4.2001, p. 5) Decision 2001/329/EC of 24 April 2001 concerning the updating part VI and annexes 3, 6 and 13 of the Common Consular Instructions and Annex 5a), 6a) and 8 to the common Manual (OJ L 116 of 26.4.2001, p. 32), insofar as it relates to annex 3 to the Common Consular instructions or to Annex 5a) of the common Manual

Directive 2001/51/EC of 28 June 2001 supplementing the provisions of article 26 of the Convention implementing the Schengen agreement of 14 June 1985 (OJ L 187 of 10.7.2001, p. 45) Decision 2001/886/JHA of 6 December 2001 on the development of the second generation Schengen information system (SIS II) (OJ L 328 of 13.12.2001 , p. 1) Council Regulation (EC) no 2414/2001 of 7 December 2001 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 327 of 12.12.2001, p. 1) Council Regulation (EC) no 2424/2001 of the Council of 6 December 2001 on the development of the second generation Schengen information system (SIS II) (OJ L 328 of 13.12.2001, p. 4) Regulation (EC) No 333/2002 of 18 February 2002 on a uniform format for forms for affixing visas issued by Member States to persons holding travel documents not recognised by the Member State issuing the form (OJ L 53 of 23.2.2002 , p. 4) Regulation (EC) No 334/2002 of 18 February 2002 amending Regulation (EC) No 1683/95 laying down a uniform format for visas (OJ L 53 of 23.2.2002, p. 7) Council decision 2002/192/EC of 28 February 2002, concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64 of 7.3.2002 , p. 20) Decision 2002/352/EC of 25 April 2002 on the revision of the common Manual (OJ L 123 of 9.5.2002, p. 47)


Decision 2002/353/EC of 25 April 2002, on declassifying part II of the common Manual adopted by the Executive Committee established by the Convention implementing the Schengen agreement of 14 June 1985 (OJ L 123 of 9.5.2002, p. 49) Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157 of 15.6.2002 , p. 1) Council decision 2002/587/EC of 12 July 2002 on the revision of the common Manual (OJ L 187 of 16.7.2002, p. 50) Council framework decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation, transit and residence (OJ L 328 of irregular 5.12.2002 , p. 1) Council Directive 2002/90/EC of 28 November 2002 on the definition of facilitation, transit and irregular residence (OJ L 328 of 5.12.2002, p. 17).

Decision 2003/170/JHA of 27 February 2003 concerning the joint use of liaison officers posted abroad by the law enforcement authorities of the Member States (OJ L 67 of 12.3.2003, p. 27) Regulation (EC) no 453/2003 of 6 March 2003 amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those

third countries whose nationals are exempt from that requirement (OJ L 69 of 13.3.2003, p. 10) Decision 2003/725/JHA of 2 October 2003 amending paragraphs 1 and 7 of article 40 of the Convention implementing the Schengen agreement of 14 June 1985 on the gradual abolition of checks at their common borders (OJ L 260 of 11.10.2003 , p. 37) Council Directive 2003/110/EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air (OJ L 321 of 6.12.2003, p. 26) Council Regulation (EC) No 377/2004 of 19 February 2004 concerning the establishment of a network of immigration liaison officers (OJ L 64 of 2.3.2004 , p. 1) Decision 2004/466/EC of 29 April 2004 amending the common Manual in order to insert provisions on border control to minors accompanied (OJ L 157 of 30.4.2004, p. 136) Directive 2004/82/EC of 29 April 2004 on the obligation of communication of passenger data by carriers (OJ L 261 of 6.8.2004 , p. 24) Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for the removal from the territory of two or more Member States of third-country nationals who are subject of individual removal decisions (OJ L 261 of 6.8.2004, p. 28) Decision 2004/574/EC of 29 April 2004 amending the common Manual (OJ L 261 of 6.8.2004, p. 36) Decision 2004/512/EC of 8 June 2004 establishing the visa information system (VIS) (OJ L 213 of 15.6.2004, p. 5) 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 of 25.11.2004 , p. 1) Council Regulation (EC) no 2133/2004 of 13 December 2004 on the requirement for the competent authorities of the Member States to stamp systematically stamping travel documents of third-country nationals on crossing the external borders of the Member States and amending the provisions of the Convention implementing the Schengen Agreement and the common Manual (OJ L 369 of 16.12.2004 , p. 5) Regulation (EC) No 2252/2004 of 13 December 2004, which establishes standards for security features and biometrics in passports and travel documents issued by Member States (OJ L 385 of 29.12.2004, p. 1) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ANNEX III list referred to in article 19 of the Act of accession: adaptations 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 of 14.1.1994, p. 1), as amended by 31994 R 3288: –: Commission Regulation (EC) no 3288/94 of 22.12.1994 (OJ L 349 of 31.12.1994 , p. 83),-32003 R 0807: Council Regulation (EC) No 807/2003 of 14.4.2003 (OJ L 122 of 16.5.2003, p. 36), – 12003 t: Act concerning the conditions of accession and the adjustments to the treaties-accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta , the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236 of 23.9.2003, p. 33)-32003 R 1653: Commission Regulation (EC) No 1653/2003 of 18.6.2003 (OJ L 245 of 29.9.2003, p. 36),-32003 R 1992: Council Regulation (EC) No 1992/2003 of 27.10.2003 (OJ L 296 of 14.11.2003, p. 1)-32004 R 0422: Commission Regulation (EC) No 422/2004 of the Council , of 19.2.2004 (OJ L 70 of 9.3.2004, p. 1).

Paragraph 1 of article 159 it 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" new Member States "means the registered Community trade marks or required pursuant to this regulation before the respective date of accession shall be extended to the territory of those Member States in order to produce the same effects throughout the community. ".

II. SUPPLEMENTARY PROTECTION CERTIFICATES 1. 31992 R 1768: Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products (OJ L 182 of 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 of 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 Hungary, the Republic of Malta, the Republic of Poland , the Republic of Slovenia and the Slovak Republic (OJ L 236 of 23.9.2003, p. 33).

the) article 19A the following is added:


"k) may be granted a certificate in Bulgaria for any drug that is protected by a basic patent in force and to which has been obtained a first marketing authorisation as a medicinal product after January 1 2000, provided that the application for a certificate is lodged within six months from the date of accession;

l) may be granted a certificate in Romania for any drug that is protected by a basic patent in force and to which has been obtained a first marketing authorisation as a medicinal product after January 1 2000. In the case of expiry the period referred to in paragraph 1 of article 7, the licence application may be lodged during a period of six months, no later than the date of accession. ".

b) paragraph 2 of article 20 shall be replaced by the following: ' 2. This Regulation shall apply to supplementary protection certificates granted in accordance with national legislation of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Poland, Romania, Slovenia and Slovakia prior to the date of accession. ".

2.31996 R 1610: Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products (OJ L 198 of 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 of 23.9.2003, p. 33).

the) article 19A the following shall be added: "k) may be granted a certificate in Bulgaria for any plant protection product protected by a basic patent in force and to which has been obtained a first authorisation to place the product on the market as a plant protection product after January 1 2000, provided that the application for a certificate is lodged within six months from the date of accession;

l) may be granted a certificate in Romania for any plant protection product protected by a basic patent in force and to which has been obtained a first authorisation to place the product on the market as a plant protection product after January 1 2000. In the case of expiry the period referred to in paragraph 1 of article 7, the licence application may be lodged during a period of six months, no later than the date of accession. ".

b) paragraph 2 of article 20 shall be replaced by the following: ' 2. This Regulation shall apply to supplementary protection certificates granted in accordance with national legislation of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Poland, Romania, Slovenia and Slovakia prior to the date of accession. ".

III. COMMUNITY DESIGNS 32002 R 0006: Commission Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ L 3 of 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 of 23.9.2003, p. 33).

Paragraph 1 of article 110-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" new Member States "), the Community designs protected or requests pursuant to this regulation before the respective date of accession shall be extended to the territory of those Member States in order to produce the same effects throughout the community. ".

2. Agriculture 1. 31989 R 1576: Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (OJ No L 160, 12.6.1989 p. 1 of), as amended by 31992 R 3280: –: Council Regulation (EEC) no 3280/92 of 9.11.1992 (Council OJ L 327 of 13.11.1992 , p. 3), 31994 R 3378: – Council Regulation (EC) no 3378/94 of the European Parliament and of the Council of 22.12.1994 (OJ L 366 of 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 of 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 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 of 31.10.2003 , p. 1).

a) to (i)) of paragraph 4 of article 1, the following is added: "(5) the name" fruit spirit "may be replaced by the designation" Pălincă solely for the "just for the spirit drink produced in Romania";

b) in annex II, the following geographical designations are added:-to the point 4: "Vinars Târnave", "Vinars Vaslui", "Vinars Murfatlar", "Vinars Vrancea", "Vinars Segarcea"


-to the point 6: "Сунгурларска гроздова Гроздова от Сунгурларе ракия/ракия Sungurlarska grozdova rakiya/Grozdova rakiya from Sungurlare/", "Сливенска перла (Сливенска гроздова Гроздова ракия от ракия/Сливен)/Slivenska perla (Slivenska grozdova rakiya/Grozdova rakiya from Sliven)", "Стралджанска мускатова Мускатова от Стралджа ракия ракия//мuscatova rakiya/Straldjanska Muscatova rakiya from Topolovgrad", "Поморийска гроздова Гроздова ракия от ракия/Поморие grozdova rakiya/Grozdova/Pomoriyska rakiya from Pomorie" , Русенска бисерна гроздова "Бисерна ракия от ракия/гроздова/grozdova rakiya biserna Русе Rusenska grozdova rakiya Biserna/of Ruse", "Бургаска мускатова Мускатова ракия от Бургас/ракия/Bourgaska muscatova rakiya/Muscatova rakiya from Bourgas", "Добруджанска мускатова Мускатова ракия от Добруджа ракия//muscatova rakiya/Muscatova rakiya Dobrudjanska Dobrudja", "Сухиндолска гроздова Гроздова от Сухиндол ракия/ракия Suhindolska grozdova rakiya/Grozdova/rakiya of Suhindol", "Карловска гроздова Гроздова от Карлово ракия/ракия grozdova rakiya/Grozdova Karlovska/rakiya Karlovo"-to the point 7 : "Троянска сливова Сливова ракия от ракия/Troyanska slivova rakiya Троян/Slivova rakiya/of Troyan", "Силистренска кайсиева Кайсиева ракия от Силистра ракия/Silistrenska kaysieva rakiya/Kaysieva rakiya from Silistra/", "Тервелска Кайсиева ракия от кайсиева ракия/Тервел/kaysieva rakiya/Kaysieva rakiya Tervelska and Tervel", "Ловешка сливова Сливова от Ловеч ракия/Loveshka slivova ракия/Slivova rakiya from Lovech rakiya/", "Ţuică Zetea de Medieşu Aurit" Ţuică de Valea Milcovului "," Ţuică de Buzău "," Ţuică de Argeş "," Ţuică "from Zalău", "Ţuică ardelenească Bistriţa", "Horincă de Maramureş", "Horincă de Cămârzan", "Horincă de Seini", "Horincă de Chioar", "Horincă de Lăpuş", "Turţ de Oaş, Turţ de Maramureş" "".

2.31991 R 1601: Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ L 149, 14.6.1991 p. 1 of), as amended by:-31992 R 3279 : Commission Regulation (EEC) no 3279/92 of 9.11.1992 (OJ L 327 of 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 of 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 of 31.12.1994, p. 1)-31996 R 2061: Regulation (EC) No 2061/96 of the European Parliament and of the Council of 8.10.1996 (OJ L 277 of 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 of 31.10.2003, p. 1).

In paragraph 3 of article 2, the following point shall be inserted after subparagraph (h)): "i) Pelin: aromatized wine-based drink produced from white or red wine, grape must concentrate, grape juice (or beet sugar) and specific tincture of herbs, with an alcoholic strength of not less than 8.5% vol., a sugar content expressed as invert sugar of 45-50 grams per litre, and a total acidity of not less than 3 g/l expressed as tartaric acid. "

and (i)) becomes j).

3.31992 R 2075: Council Regulation (EC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco (OJ L 215 of 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 of 29.8.1994, p. 21), 31994 R 3290 : Commission Regulation (EC) No 3290/94 of 22.12.1994 (OJ L 349 of 31.12.1994, p. 105),  31995 R 0711: Council Regulation (EC) no 711/95 of 27.3.1995 (OJ L 73 of 1.4.1995, p. 13), 31996 R 0415 : Commission Regulation (EC) no 415/96 of the Council , of 4.3.1996 (OJ L 59 of 8.3.1996, p. 3), 31996 R 2444 : Commission Regulation (EC) no 2444/96 of 17.12.1996 (OJ L 333 of 21.12.1996, p. 4),  31997 R 2595: Council Regulation (EC) no 2595/97 of 18.12.1997 (OJ L 351 of 23.12.1997, p. 11),  31998 R 1636: Commission Regulation (EC) no 1636/98 of the Council of 20.7.1998 (OJ L 210 of 28.7.1998 , p. 23), 31999 R 0660 : Commission Regulation (EC) no 660/1999 of 22.3.1999 (OJ L 83 of 27.3.1999, p. 10),  32000 R 1336: Commission Regulation (EC) no 1336/2000 of 19.6.2000 (OJ L 154 of 27.6.2000, p. 2), 32002 R 0546 : Commission Regulation (EC) No 546/2002 of 25.3.2002 (OJ L 84 of 28.3.2002, p. 4)  32003 R 0806,: Commission Regulation (EC) No 806/2003 of 14.4.2003 (OJ L 122 of 16.5.2003, p. 1),  32003 R 2319: Commission Regulation (EC) No 2319/2003 of 17.12.2003 (OJ L 345 of 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 Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236 of 23.9.2003, p. 33).

the) in the Annex, point v. "SUN-CURED", the following is added: "Molovata Ghimpaţi Bărăgan plain") in annex b, point VI "Basmas", the following is added: "Djebel Nevrokop Dupnitsa Melnik Ustina Harmanli Krumovgrad Iztochen Balkan Topolovgrad Svilengrad Srednogorska yaka" c) in the Annex, point VIII. "Kaba Koulak (classic)", the following 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 products processed from fruit and vegetables (OJ L 297 of 21.11.1996, p. 29), as amended by:


-31997 R 2199: Council Regulation (EC) No 2199/97 of 30.10.1997 (OJ L 303 of 6.11.1997, p. 1),-31999 R 2701: Commission Regulation (EC) No 2701/1999 of 14.12.1999 (OJ L 327 of 21.12.1999, p. 5),-32000 R 2699: Council Regulation (EC) no 2699/2000 of 4.12.2000 (OJ L 311 of 12.12.2000, p. 9)-32001 R 1239: Council Regulation (EC) no 1239/2001 of the Council , of 19.6.2001 (OJ L 171 of 26.6.2001, p. 1)-32002 R 0453: Commission Regulation (EC) no 453/2002 of 13.3.2002 (OJ L 72 of 14.3.2002, p. 9), – 12003 t: Act concerning the conditions of accession and the adjustments to the treaties-accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania , the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33)-32004 R 0386: Council Regulation (EC) no 386/2004 of 1.3.2004 (OJ L 64 of 2.3.2004, p. 25).

Annex III is replaced by the following: ' ANNEX III processing Thresholds referred to in article 5 fresh raw material (tonnes) Tomatoes community Thresholds Pears Peaches 8 860 061 560 428 105 659 L im going to re s n ac io n ai s Bulgaria Czech Republic o.s. 12 000 1 287 11 156 343 17 843 Greece Spain France Italy 1 211 241 300 000 5 155 1 238 606 180 794 35 199 401 608 15 685 17 703 4 350 000 42 309 45 708 Cyprus 7 944 6 n.r. n.r. n.r. n.r. 130 790 1 616 1 031 Hungary Latvia Malta Netherlands s.o. s.o. s.o. s.o. 27000 243 n.r. n.r. 9 Austria Poland 194 639 n.r. n.r. 1 050 000 218 600 Portugal Romania 50 390 523 n.r. Slovakia 29 500 147 n.r. n.r. = not applicable ".

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

Annex I is replaced by the following: ' Annex I PERCENTAGES of the GUARANTEE THRESHOLD per Member State or SPECIFIC REGION for the recognition of PRODUCER GROUPS Member States or specific region of establishment of producer groups Percentage Germany, Spain (except Castile-Leon, Navarra and the Campezo area in the Basque country), France (except Nord-Pas-de-Calais and Picardy), Italy, Portugal (except the autonomous region of the Azores) , Belgium, Austria, Romania 2% Greece (except Epirus), autonomous region of the Azores (Portugal), Nord-Pas-de-Calais and Picardy (France), Bulgaria (except the Banite, Zlatograd, Madan and Dospat in the Djebel area and Veliki Preslav, Varbitsa municipalities, Shumen, Smiadovо, Varna, Dalgopol, General Tоshevо, Dobrich, Kavarna, Krushari, Shabla and Antonovo Bulgaria) 1% Castile-León (Spain), Navarra (Spain), the Campezo area in the Basque country (Spain), Epirus (Greece), Banite, Zlatograd, Madan and Dospat in the Djebel area and Veliki Preslav, Varbitsa municipalities, Shumen, Smiadovо, Varna, Dalgopol, General Tоshevо, Dobrich, Kavarna, Krushari, Shabla and Antonovo Bulgaria) 0.3% "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 of 14.7.1999, p. 1), as amended by:-32000 R 1622: Commission Regulation (EC) No 1622/2000 of 24.7.2000 (OJ L 194 of 31.7.2000, p. 1),-32000 R 2826 : Commission Regulation (EC) No 2826/2000 of 19.12.2000 (OJ L 328 of 23.12.2000, p. 2),-32001 R 2585: Council Regulation (EC) no 2585/2001 of 19.12.2001 (OJ L 345 of 29.12.2001, p. 10)-32003 R 0806: Council Regulation (EC) No 806/2003 of 14.4.2003 (OJ L 122 of 16.5.2003, p. 1), – 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)-32003 R 1795: Commission Regulation (EC) No 1795/2003 of 13.10.2003 (OJ L 262 of 14.10.2003, p. 13).

a) to article 6 the following shall be added: "5. As regards Bulgaria and Romania, newly created planting rights shall be allocated for the production of quality wines psr amounting to 1.5% of the wine-growing zone, and 2302.5 hectares for Bulgaria and 2830.5 hectares for Romania at the date of accession. These rights shall be allocated to a national reserve to which article 5 shall apply. ";

b) in annex III (wine-growing zones), the following is added to point 2: "g) in Romania, the area of Podişul Transilvaniei" c) in annex III (wine-growing zones), the last subparagraph is replaced by the following: "(d))" In Slovakia, the Tokay region. ", e) in Romania, areas planted with vines not included in point (g)) 2 or point in (f)) of the 5 point."


d) in annex III (wine-growing zones), the following is added to point 5: "e) in Bulgaria, areas planted with vines in the following regions: Dunavska (Дунавска равнина), Chernomorski Rayon (Черноморски район), Rozova Dolina (Розова долина) f) in Romania, areas planted with vines in the following regions: Dealurile Buzăului, Dealu Mare, Severinului and Plaiurile Drâncei, Colinele Dobrogei River, Terasele Dunării, the South wine region , including sands and other favourable regions "e) in annex III (wine-growing zones), the following is added to point 6:" wine-growing zone C III (a)) comprises, in Bulgaria, areas planted with vines not included in point (a) and 5 (f))) in annex V, section D. 3, the following shall be added: "and in Romania".

7.32000 R 1673: Council Regulation (EC) no 1673/2000 of 27 July 2000 on the common organisation of the market in flax and hemp grown for fibre (OJ L 193 of 29.7.2000, p. 16), as amended by:-32002 R 0651: Commission Regulation (EC) No 651/2002 of the Commission , of 16.4.2002 (OJ L 101 of 17.4.2002, p. 3), – 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)-32003 R 1782: Council Regulation (EC) No 1782/2003 of 29.9.2003 (OJ L 270 of 21.10.2003, p. 1)-32004 R 0393: Council Regulation (EC) no 393/2004 of 24.2.2004 (OJ L 65 of 3.3.2004, p. 4).

the) paragraph 1 of article 3 is replaced by the following: "1. Is established for long flax fibres a maximum guaranteed quantity is 80 878 tonnes per marketing year, broken down between all the Member States as national guaranteed quantities. The distribution of this amount is as follows: – 13 800 tonnes for Belgium, 13 tonnes for Bulgaria –, – 1 923 to 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 paragraph 2 of article 3, the introductory phrase and subparagraph (a)) shall be replaced by the following: "2. Is established a maximum guaranteed quantity of 147 265 tonnes per marketing year for short flax fibre and hemp fibre on which aid may be granted. This amount is broken down in the form: a) national guaranteed quantities for the following Member States: – 10 350 tonnes for Belgium, 48 tonnes for Bulgaria –, – 2 866 for the Czech Republic,-2000 tonnes for Germany, 42 tonnes for Estonia,-20000 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 Lithuania,-189 tonnes for Slovakia,-2 250 tonnes for Finland,-2 250 tonnes for Sweden,-12 100 tonnes for the United Kingdom.

However, the national guaranteed quantity determined for Hungary concerns hemp fibre only. "

8.32003 R 1782: Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending regulations (EEC) No 2019/93, (EC) no 1452/2001, (EC) no 1453/2001, (EC) No 1454/2001 , (EC) 1868/94 no, (EC) No 1251/1999, (EC) No 1254/1999, (EC) no 1673/2000, (EEC) no 2358/71 and (EC) no 2529//2001, as amended by: – 32004 R 0021: Council Regulation (EC) No 21/2004 of 17.12.2003 (OJ L 5 of 9.1.2004, p. 8),-32004 R 0583: Commission Regulation (EC) no 583/2004 of the Council , of 22.3.2004 (OJ L 91 of 30.3.2004, p. 1),-32004 D 0281: Commission decision 2004/281/EC of 22.3.2004 (OJ L 93 of 30.3.2004, p. 1),-32004 R 0864: Commission Regulation (EC) No 864/2004 of 29.4.2004 (OJ L 161 of 30.4.2004, p. 48).

the) (g)) of article 2 is replaced by the following: "(g))" new Member States "to Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia.";

b) in paragraph 2 of article 5, at the end of the first subparagraph, the following is added: "However, Bulgaria and Romania shall ensure that land under permanent pasture on 1 January 2007 be maintained as permanent pasture.";

c) in paragraph 2 of article 54, at the end of the first subparagraph, the following is added: "However, for Bulgaria and Romania, the date provided for the area aid applications is June 30, 2005";

(d) Article 71 G) the following shall be added: "9. For Bulgaria and Romania: a) the three-year period referred to in paragraph 2 is 2002-2004; (b)) the year referred to in subparagraph (a)) of paragraph 3 is 2004; (c)) in the first subparagraph of paragraph 4, the reference to 2004 and/or 2005 shall be construed as 2005 and/or 2006 and the 2004 reference should be construed as 2005 ";

and To article 71 H) the following shall be added: "However, for Bulgaria and Romania the reference to 30 June 2003 shall be construed as June 30, 2005.";

f) paragraph 1 of article 74 shall be replaced by the following: "1. The aid shall be granted for national base areas in the traditional production zones listed in annex X.

The base areas are as follows: Bulgaria 21 800 617 000 ha Greece Spain ha 594 000 ha 000 208 ha France Italy Cyprus Hungary 1 646 000 ha ha 6 183 2 500 ha Austria 7000 Portugal 118 000 ha ha ";

g) paragraph 1 of article 78 is replaced by the following: "1. Is established a maximum guaranteed area of 1 648 000 ha for which the aid may be granted. ';

h) paragraph 2 of article 80 shall be replaced by the following:


"2. the aid shall be as follows, according to the yields in the Member States concerned: campaign 2004/2005 marketing year in case of application of article 71 (EUR/ha) from the a l the campaign of 2005/2006 (EUR/ha) Bulgaria-Greece 345.225 Spain 1123.95 France 476.25 561.00 1323.96: – Mainland – French Guiana 971.73 1329.27 Italy 1069.08 411.75 563.25 453.00 548.70 232.50 Portugal Hungary Romania 453.75 1070.85-126.075"; I) Article 81 is replaced by the following: "article 81 Areas is established a national base area for each producer Member State. However, for France two base areas are established. The base areas are as follows: Bulgaria 4 166 ha Greece Spain 104 973 ha 20 333 ha France: – Mainland – French Guiana ha ha 4 190 1950 219 588 ha Italy Hungary Portugal Romania 24 667 ha ha 3 222 500 ha a Member State may subdivide your surface or its base areas in sub-base areas According to objective criteria. ";

j) article 84 shall be replaced by the following: "Article 84 1 Surfaces. Each Member State shall grant the Community aid within a ceiling calculated by multiplying the number of hectares of your SNG, established in paragraph 3, by the average amount of EUR 120.75. 2. Is established a maximum guaranteed area of 829 229 ha. 3. The maximum guaranteed area referred to in paragraph 2 shall be divided into the following NGA: national guaranteed Areas (NGA) Belgium Bulgaria Germany 100 ha ha ha 1 500 2084 41 100 ha 568 200 ha Greece Spain France Italy Cyprus 2000 ha 130 100 ha 5 100 ha 100 ha 2 900 ha Luxembourg Hungary Netherlands Austria Poland 100 ha 100 ha 4 200 ha 41 300 ha 1 645 ha Portugal Romania Slovenia 300 ha 3 Slovakia United Kingdom 100 ha 100 ha 4. Each Member State may subdivide your NGA in sub-base areas in accordance with objective criteria, in particular at regional level or in relation to the production.

k) in article 95, the following subparagraphs shall be added to paragraph 4: "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 reviewed in accordance with the sixth subparagraph of paragraph 1 of article 6 of Regulation (EC) no 1788/2003 of the Council.

As regards Bulgaria and Romania, the period of twelve months referred to in the first subparagraph shall be that of 2006/2007. "

l) The second paragraph of article 103, the following is added: "However, as regards Bulgaria and Romania, the application of this paragraph shall be subject to the condition that the single area payment scheme is applied in 2007 and if you opt for the application of article 66.";

m) paragraph 1 of article 105 is replaced by the following: "1. Are paid a supplement to the area payment of:-EUR 291/ha for the marketing year 2005/2006,-EUR 285/ha for the marketing year 2006/2007 and onwards, for areas sown to durum wheat in the traditional production zones listed in annex X within the limits indicated below: (hectares) Bulgaria Greece 21 800 000 617 000 594 000 208 France Spain Italy Cyprus Hungary 1 646 000 2 500 Austria 7000 Portugal 6 183 118 000 ";

n) The second paragraph of article 108, the following is added: However, as regards Bulgaria and Romania, cannot be submitted requests for payment in respect of land which, on 30 June 2005, were earmarked for permanent pasture, permanent crops, forests or non-agricultural uses. ";

the) paragraph 1 of article 110 C° shall be replaced by the following: "1. Are established the following national base areas:   Bulgaria 10 237 ha Greece: 370 000 ha Spain:   70 000 ha Portugal:: ha 360.";

p) paragraph 2 of article 110 C° shall be replaced by the following: "2. For each eligible hectare, the amount of aid is fixed at: Bulgaria: EUR 263   Greece: EUR 594 for 300 000 hectares and EUR 342.85 for the remaining 70 000 hectares Spain: EUR 1 039   Portugal: EUR 556.";

q) paragraph 4 of article 116 shall be replaced by the following: "4. the maximum levels shall apply as follows: Member State rights (x 1000) 70 Belgium Bulgaria Czech Republic Denmark 66.733 2058.483 104 2 432 48 11 023 Germany Estonia Greece Spain France Ireland Italy 19 580 7 842 4 956 9 575 472.401 Cyprus Latvia Lithuania Luxembourg Hungary 18.437 17.304 4 1 146 Malta Netherlands 930 Austria 206 Poland 8.485 335.88 2 690 Portugal Romania 5880.620 Slovenia Slovakia Finland 80 Sweden 84.909 305.756 United Kingdom 89607.008 Total 180 19 492 ";

r) paragraph 8 of article 123 shall be replaced by the following: ' 8. maximum residue limits shall apply as follows: 235 149 Belgium Bulgaria Czech Republic Denmark 277 110 244 349 90 343 Germany Estonia Greece Spain 1 782 700 18 800 143 134 713 999 * France * Ireland * Italy 1 077 458 1 754 732 598 746 Cyprus 12000 Latvia Lithuania 70 200 000 150 Luxembourg Hungary Malta Netherlands 18 962 94 620 3 201 157 932 Austria Poland Portugal 175 075 000 926 373 400 *** Romania Slovenia Slovakia 92 276 000 452 78 348 250 000 250 000 Sweden Finland United Kingdom 1 419 811 * ** * * without prejudice to the specific rules laid down in Regulation (EC) No 1454/2001.
** Without prejudice to the specific rules laid down in Regulation (EC) no 1452/2001.
Without prejudice to the specific rules laid down in Regulation (EC) no 1453/2001.
This ceiling shall be temporarily increased by 100 000 head to 1 519 811 head reach until such time as live animals under six months of age can be exported. ";

s) paragraph 5 of article 126 shall be replaced by the following: "5. the national ceilings shall apply as follows: Belgium Bulgaria Czech Republic 90 300 394 253 16 019 Denmark Germany Estonia Greece 13 416 112 932 639 535 138 005 Spain * France ** 1 441 539 3 779 866 1 102 620 Ireland Italy Cyprus Latvia Lithuania 19 368 500 621 611 47 232 18 537 000 117 Hungary Luxembourg Malta Netherlands 454 63 236 375 000 325 581 Austria Poland Portugal *** Romania Slovenia 86 384 000 150 416 539 Slovakia Finland Sweden 28 080 000 55 000 United Kingdom 155 1 699 511 * without prejudice to the specific rules laid down in Regulation (EC) No 1454/2001.
** Without prejudice to the specific rules laid down in Regulation (EC) no 1452/2001.
Without prejudice to the specific rules laid down in Regulation (EC) no 1453/2001. ";


t) the second subparagraph of paragraph 3 of article 130 shall be replaced by the following: "as regards the new Member States the national ceilings shall be those indicated in the following table: Bulls, steers, cows and heifers Calves between 1 and 8 months and with a weight of less than 185 kg carcass Bulgaria Czech Republic Estonia 107 813 30 000 483 382 27 380 22 191 101 542 Cyprus 21000 — Latvia Lithuania 124 320 53 280 367 484 244 Hungary Malta 141 559 94 439 200 6 002 17 Poland Romania Slovenia Slovakia 1 815 430 839 518 1 148 000 85 000 161 137 35 852 204 062 62 841 ";

u) to article 143a is hereby supplemented by the following subparagraph: "However, as regards Bulgaria and Romania direct payments shall be introduced in accordance with the following schedule of increments expressed as a percentage of the then applicable level of such payments in the community on your composition on 30 April 2004:25% in 2007    30% 35% in 2008 2009 2010   40% 50% 60% in 2011 2012   70% in 2013 80% in 2014    90% in 2015 100% as from 2016. ";

v) to paragraph 4 of article 143-B, the following subparagraph is added: "However, as regards Bulgaria and Romania, the agricultural area under the single area payment scheme shall be the part of the utilised agricultural area in good agricultural condition, whether or not to be used for production, adjusted, if necessary According to objective criteria to be set by Bulgaria and Romania after approval by the Commission. ";

w) paragraph 9 of article 143-B is replaced by the following: "9. In each new Member State shall be possible to apply the single area payment scheme during a period from the end of 2006, with the possibility of renewal twice by one year at the request of the new Member State. However, as regards Bulgaria and Romania, should be possible to apply the single area payment scheme during a period from the end of 2009, with the possibility of renewal twice by one year, to your request. Subject to paragraph 11, each new Member State may decide to terminate the application of the system at the end of the first or second year of the period of application, in order to implement the single payment scheme. The new Member States shall communicate to the Commission the your intention to terminate the scheme until 1 August of the last year of application. ";

x) paragraph 11 of article 1431.º-(B) the following subparagraph is added: "as regards Bulgaria and Romania, until the end of the 5 year period of application of the single area payment scheme (i.e. until 2011), the percentage rate set second paragraph of article 143a. If the application of the single area payment scheme is extended beyond that date pursuant to a decision taken under point (b)), shall apply the rate percentage fixed in the second paragraph of article 143a for 2011, until the end of the last year of application of the single area payment scheme. ";

y) paragraph 2 of article 143 C shall be replaced by the following: "2. Should be given to the new Member States the possibility, subject to authorisation by the Commission, complement any direct payments up to: a) In relation to all direct payments, 55% of the level of direct payments in the Community (in your composition on 30 April 2004) in 2004, 60% in 2005 and 65% in 2006 and from 2007, up to 30 percentage points above the applicable level in the year concerned in accordance with article 143a. As regards Bulgaria and Romania, the following shall apply: 55% of the level of direct payments in the Community (in your composition on 30 April 2004) in 2007, 60% in 2008 and 65% in 2009 and from 2010, up 30 percentage points above the applicable level in the year concerned in accordance with the second paragraph of article 143a. in the potato starch sector the Czech Republic may complement direct payments up to 100% of the level applicable in the community on your composition on 30 April 2004. However, for the direct payments referred to in Chapter 7 of title IV of this regulation the following maximum rates shall apply: 85% in 2004, 90% in 2005, 95% in 2006 and 100% as from 2007. As regards Bulgaria and Romania, the following maximum rates shall apply: 85% in 2004, 90% in 2008, 95% in 2009 and 100% as from 2010;

or b) i) with regard to direct payments other than the single payment scheme, the total level of direct support the farmer would have been entitled to receive per product in the new Member State in the calendar year 2003 under a cap-like national scheme, increased by 10 percentage points. However, the reference year for Lithuania will be the calendar year 2002. For Bulgaria and Romania the reference year shall be the calendar year 2006. The increase for Slovenia will be 10 percentage points in 2004, 15 percentage points in 2005, 20 percentage points in 2006 and 25 percentage points from 2007, ii) in relation to the single payment scheme, the total amount of complementary national direct aid which may be granted by the new Member State in respect of a given year shall be limited by a specific financial envelope. This envelope shall be equal to the difference between: – the total amount of national direct aid similar to the CAP available in the new Member State concerned in respect of the calendar year 2003 or, in the case of Lithuania, of the calendar year 2002, increased, in both cases, to 10 percentage points. However, for Bulgaria and Romania the reference year shall be the calendar year 2006. The increase for Slovenia will be 10 percentage points in 2004, 15 percentage points in 2005, 20 percentage points in 2006 and 25 percentage points from 2007, and – the national ceiling of that new Member State indicated in annex VIIIA adjusted, where appropriate, in accordance with paragraph 2 of article 64 and paragraph 2 of article 70.

In calculating the total amount referred to in the first indent above, the national direct payments will be included and/or its components corresponding to the community direct payments and/or its components taken into account in calculating the effective ceiling of the new Member State concerned in accordance with paragraph 2 of article 64, paragraph 2 of article 70 and article 71 C.

For each of the direct payments concerned a new Member State can choose one of two options, a) or (b)), mentioned above.


The total amount of direct support that may be granted to the farmer in the new Member States after accession under the relevant direct payment including all complementary national direct payments shall not exceed the level of direct support the farmer would have been entitled to receive under the corresponding direct payment then applicable to the Member States of the community in your composition in April 30, 2004. "

z) paragraph 2 of article 154-is replaced by the following: "2. The measures referred to in paragraph 1 may be adopted during a period starting on 1 May 2004 and expiring on 30 June 2009, not being applicable beyond this date. However, for Bulgaria and Romania, the period beginning on 1 January 2007 and ending 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 are added footnotes: the title of point A "* for Bulgaria and Romania the reference to 2005 should be read as a reference to the first year of application of the single payment scheme." the title of point (B): "* for Bulgaria and Romania the reference to 2006 should be read as a reference to the second year of application of the single payment scheme."

and, to the title of point c: "* for Bulgaria and Romania the reference to 2007 should be read as a reference to the third year of application of the single payment scheme."

AB) Annex VIIIA is replaced by the following: ' ANNEX VIIIA national ceilings referred to in article 71 C the ceilings have been calculated taking account of the schedule of increments provided for in article 143a, and therefore do not need to be reduced.

(EUR milhões) Calendar year Bulgaria Czech Republic Estonia Cyprus Latvia Lituâni Malta Poland Romania's the Hungri Slovenia Slovakia 2005-228.8 23.4 8.9 33.9 92.0 350.8 0.67 724.6-2006-266.7 27.3 12.5 39.6 107.3 420.2 0.83 881.7 35.8 97.7-41.9 115.4 2,007,200.3 1140.8 2,008,240.4 1425.9 343.6 40.4 16.3 55.6 146.9 508.3 1.64 440.0 56.1 146.6 429.2 50.5 20.4 69.5 183.6 634.9 2.05 527.9 70.1 183.2 514.9 60.5 24.5 83.4 220.3 761.6 2.46 618.1 84.1 1711.0 2,009,281.0 2,010,321.2 219.7 600.5 70.6 28.6 97.3 257.0 888.2 2.87 706.4 98.1 256.2 686.2 80.7 32.7 111.2 293.7 1014.9 3.28 1996.1 2,011,401.4 2281.1 2,012,481.7 3.69 1141.5 771.8 90.8 36.8 125.1 330.4 883.0 112.1 292.8 2566.2 1059.6 2,013,562.0 1268.2 2851.3 126.1 329.3 857.5 100.9 40.9 139.0 367.1 4.10 140.2 365.9 2,014,642.3 1236.2 1268.2 2851.3 1412.8 4.10 857.5 100.9 40.9 139.0 367.1 140.2 365.9 2,015,722.6 1268.2 2851.3 1589.4 4.10 857.5 100.9 40.9 139.0 367.1 140.2 365.9 years following s 1268.2 2851.3 1766.0 4.10 802.9 857.5 100.9 40.9 139.0 367.1 140.2 365.9 ";

AC) to annex X is hereby supplemented by the following: "BULGARIA Starozagorski Haskovski Slivenski Yambolski Burgaski Dobrichki Plovdivski";

ad) annex XI is replaced by the following: ' ANNEX XI B national base areas for arable crops and reference yields in the new Member States, as referred to in articles 101 and 103 base area (in hectares) Yield (t/ha) 2 625 258 2.90 Bulgaria Czech Republic Estonia Cyprus 2 253 598 4.20 362 827 2.40 2.30 79 004 Latvia Lithuania Hungary 443 580 2.50 1 146 633 2.70 4.73 4 Malta 3 487 792 565 2.02 Poland 3.00 9 454 671 Romania Slovenia Slovakia 7 012 666 2.65 125 171 5.27 1 003 453 4.06 "9. 32003 R 1788: Council Regulation (EEC) no 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector (OJ L 270 of 21.10.2003, p. 123), as amended by: – 32004 D 0281: Commission decision 2004/281/EC of 22.3.2004 (OJ L 93 of 30.3.2004, p. 1).

a) to paragraph 4 of article 1, the following subparagraph is added: "as for Bulgaria and Romania, should be given a special restructuring reserve as set out in table g) of annex I, that reservation will be released from 1 April 2009 to the extent that the consumption of milk and milk products on the farm in each of these countries has decreased since 2002. The decision on the release of the reserve and your division between deliveries and direct sales should be taken by the Commission, in accordance with paragraph 2 of article 23, on the basis of the assessment of a report to be submitted to the Commission by Bulgaria and Romania until 31 December 2008. The report shall describe in detail the results and trends of the actual restructuring process in the national milk products sector, in particular the passage of production for on-farm consumption to production for the market. ";

(b)) paragraph 5 of article 1 is replaced by the following: "5." with regard to Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia the national reference quantities shall include all cow's milk or milk equivalent delivered to a purchaser or sold directly for consumption regardless of whether they are produced or marketed under a transitional measure applicable in these countries. ";

c) in article 1 the following paragraph is added: "6. as regards Bulgaria and Romania, the levy shall be applicable from April 1, 2007.";

d) in paragraph 1 of article 6, the third and fourth subparagraphs are replaced by the following: "with regard to Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia the basis for the establishment of the individual reference quantities referred to is defined in table f) of annex I." In the case of Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia, the 12-month period for the establishment of the individual reference quantities starts at: 1 April 2001 for Hungary, 1 April 2002 for Malta and Lithuania , 1 April 2003 for the Czech Republic, Cyprus, Estonia, Latvia and Slovakia, 1 April 2004 for Poland and Slovenia and 1 April 2006 for Bulgaria and Romania. ";

e) to paragraph 1 of article 6 the following paragraph is added: "In relation to Bulgaria and Romania, the distribution of the total quantity between deliveries and direct sales in the table f) of annex I shall be reviewed on the basis of the actual values for 2006 concerning deliveries and direct sales and, if necessary, adjusted by the Commission in accordance with the procedure referred to in paragraph 2 of article 23.";


f) the second subparagraph of paragraph 2 of article 9 is replaced by the following: "with regard to Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia, the reference fat content referred to in paragraph 1 will be the same as the reference fat content of these quantities assigned 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) paragraph 5 of article 9 the following subparagraph shall be added: "with regard to Romania the reference fat content referred to in annex II shall be reviewed on the basis of the values for the whole year of 2004 and, if necessary, adjusted by the Commission in accordance with the procedure referred to in paragraph 2 of article 23.";

h) in annex I, tables (d)), and) f) and g) are replaced by the following: "d) period 2007/2008 Member State Quantities, Belgium Bulgaria Czech Republic Denmark tons Germany Estonia Greece Spain France Ireland Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom 3,343,535.000 979,000.000 4,499,900.000 28,143,464.000 624,483.000 820,513.000 2,682,143.000 6,116,950.000 24,478,156.000 5,395,764.000 10 530,060.000 145,200.000 1,646,939.000 271,739.000 1,947,280.000 48698.000 695,395.000 11,185,440.000 8,964,017.000 1,939,187.000 3,057,000.000 560,424.000 2,776,895.000 1,013,316.000 2,431,047.324 3,336,030.000 14,755,647.000 2008/2009 Period) to 2014/2015 Member State Quantities, Belgium Bulgaria Czech Republic Denmark tons Germany Estonia Greece Spain France Ireland Italy Cyprus Latvia 3,360,087.000 979,000.000 2,682,143.000 4,522,176.000 28,282,788.000 624,483.000 6,116,950.000 24,599,335.000 5,395,764.000 10,530,060.000 820,513.000 145,200.000 695,395.000 Hungary Luxembourg Lithuania Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom 1,646,939.000 273,084.000 48698.000 11,240,814.000 2,790,642.000 8,964,017.000 1,947,280.000 1,948,550.000 560,424.000 1,013,316.000 2,443,069.324 3,352,545.000 3,057,000.000 14,828,597.000 f) Quantities for deliveries and direct sales referred to in the second subparagraph of paragraph 1 of article 6 the Member State of the reference quantities for deliveries, tonnes of the reference quantities for direct sales, tonnes Bulgaria Czech Republic Estonia Cyprus Latvia Lithuania Hungary Malta Poland Romania Slovenia Slovakia 722 000 2 613 239 537 188 141 337 468 943 1 256 440 1 782 650 48 698 8 500 000 1 093 000 467 063 990 810 257 000 68 904 87 365 3 863 226 452 390 499 164 630-464 017 1 964 000 93 361 22 506 g) special restructuring reserve Quantities referred to in paragraph 4 of article 1 Member State special restructuring reserve Quantities, tonnes Bulgaria Czech Republic Estonia Latvia Lithuania Hungary Poland Romania Slovenia Slovakia 39 180 55 788 21 885 33 253 57 900 42 780 416 126 188 400 16 214 27 472 "i) in annex II , the table is replaced by the following: "REFERENCE FAT CONTENT Member State reference fat content (g/kg) Belgium Bulgaria Czech Republic Denmark Germany Estonia Greece Spain France Ireland Italy Cyprus Latvia Lithuania Luxembourg Hungary Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom 36.91 39.10 42.10 43.68 40.11 43.10 36.10 36.37 39.48 35.81 36.88 34.60 40.70 39.90 39.17 38.50 42.36 40.30 39.00 37.30 35.93 41.30 37.10 43.40 43.40 39.70" 3. 31996 L 0026 TRANSPORT POLICY: Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator, as well as the mutual recognition of diplomas, certificates and other evidence of formal qualifications, in order to facilitate the effective exercise of freedom of establishment of these transporters in national and international transport (OJ L 124 of 23.5.1996 , p. 1), as amended by 31998 L 0076: Council Directive 98/76/EC of 1.10.1998 (OJ L 277 of 14.10.1998, p. 17), – 12003 t: Act concerning the conditions of accession and the adjustments to the treaties-accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania , the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236 of 23.9.2003, p. 33). -32004 L 0066: Council Directive 2004/66/EC of 26.4.2004 (OJ L 168 of 1.5.2004, p. 35).

Article 10 a) the following paragraphs shall be added: "11. By way of derogation from paragraph 3, certificates issued to road hauliers in Bulgaria before the date of accession are treated only licences issued pursuant to the provisions of this directive if they have been passed:-international road transport of goods and passengers pursuant to Decree No. 11 of 31 October 2002 on international carriage of passengers and goods (Official Gazette No 108 of 19 November 2002) from November 19, 2002 – national transport operators and road passenger transport pursuant to Decree No. 33 of 3 November 1999, concerning the carriage of passengers and goods on the territory of Bulgaria, as amended on 30 October 2002 (Official Gazette No. 108 of November 19, 2002), from 19 November 2002.

12. By way of derogation from paragraph 3, certificates issued to road hauliers in Romania just prior to the date of accession shall be assimilated to certificates issued pursuant to the provisions of this directive if they have been passed onto international road haulage and road passenger transport under the decision of the Minister of transport no 761 of 21 December 1999 on the appointment , training and professional certification of persons coordinating permanently and effectively road transport activity, from January 28, 2000. ".

b) the second paragraph of article 10A is replaced by the following: "The professional competence certificates referred to in paragraphs 4 to 12 of article 10 may be passed by the Member States concerned according to the model of certificate set out in annex I."


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 of 19.11.1979 , p. 95) 31980 L 0368: – Directive 80/368/EEC of 26.3.1980 (OJ L 90 of 3.4.1980, p. 41), 31984 L 0386 –: Council Directive 84/386/EEC of 31.7.1984 (OJ L 208 of 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 of 15.11.1985 , p. 167), 31989 L 0465: Council Directive – 89/465/EEC of 18.7.1989 (OJ L 226 of 3.8.1989, p. 21),-31991 L 0680: Council Directive 91/680/EEC of 16.12.1991 (OJ L 376 of 31.12.1991, p. 1)-31992 L 0077: Council Directive 92/77/EEC of 19.10.1992 (OJ L 316 of 31.10.1992, p. 1)-31992 L 0111: Council Directive 92/111/EEC , of 14.12.1992 (OJ L 384 of 30.12.1992, p. 47),-31994 L 0004: Directive 94/4/EC of 14.2.1994 (OJ L 60 of 3.3.1994, p. 14),-31994 L 0005: Directive 94/5/EC of 14.2.1994 (OJ L 60 of 3.3.1994, p. 16), 31994 L 0076: Directive-94/76/EC of 22.12.1994 (OJ L 365 of 31.12.1994 , p. 53), 31995 L 0007: Directive – 95/7/EC of 10.4.1995 (OJ L 102 of 5.5.1995, p. 18),-31996 L 0042: Directive 96/42/EC of 25.6.1996 (OJ L 170 of 9.7.1996, p. 34), 31996 L 0095: Directive – 96/95/EC of 20.12.1996 (OJ L 338 of 28.12.1996, p. 89), 31998 L 0080-: Council Directive 98/80/EC , of 12.10.1998 (OJ L 281 of 17.10.1998, p. 31)-31999 L 0049: Council Directive 1999/49/EC of the Council of 25.05.1999 (OJ L 139 of 02.06.1999, p. 27),-31999 L 0059: Directive 1999/59/EC of 17.6.1999 (OJ L 162 of 26.6.1999, p. 63),-31999 L 0085: Directive 1999/85/EC of 22.10.1999 (OJ L 277 of 28.10.1999 , p. 34),-32000 L 0017: Council Directive 2000/17/EC of 30.3.2000 (OJ L 84 of 5.4.2000, p. 24),-32000 L 0065: Directive 2000/65/EC of 17.10.2000 (OJ L 269 of 21.10.2000, p. 44),-32001 L 0004: Directive 2001/4/EC of 19.1.2001 (OJ L 22 of 24.1.2001, p. 17),-32001 L 0115: Council Directive 2001/115/EC , of 20.12.2001 (OJ L 15 of 17.1.2002, p. 24),-32002 L 0038: Council Directive 2002/38/EC of 7.5.2002 (OJ L 128 of 15.5.2002, p. 41),-32002 L 0093: Council Directive 2002/93/EC of 3.12.2002 (OJ L 331 of 7.12.2002, p. 27), – 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 of 23.9.2003, p. 33)-32003 L 0092: Directive 2003/92/EC of 7.10.2003 (OJ L 260 of 11.10.2003, p. 8) , 32004 L 0007: Directive – 2004/7/EC of 20.1.2004 (OJ L 27 of 30.1.2004, p. 44), – 32004 L 0015: Directive 2004/15/EC of 10.2.2004 (OJ L 52 of 21.2.2004, p. 61),-32004 L 0066: Council Directive 2004/66/EC of 26.04.2004 (OJ L 168 of 01.05.2004, p. 35).

In article 24 the Indent before "— in the Czech Republic: EUR 35 000;", the following indent is added: "-in Bulgaria: EUR 25 600;".

and, after the Indent "-in Poland: EUR 10 000;", the following indent is added: "-in Romania: EUR 35 000;".

2.31992 L 0083: 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 of 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 of 23.9.2003, p. 33).

the) paragraph 6 of article 22 shall be replaced by the following: "6. The Bulgaria and the Czech Republic may apply a reduced rate of tax, not more than 50% below the standard national rate of excise duty on ethyl alcohol, to ethyl alcohol produced by fruit growers ' distilleries producing annually more than 10 hectolitres of ethyl alcohol from fruit supplied by producer aggregates. The application of reduced rates is limited to 30 litres of fruit spirits per producing aggregate exclusively intended for the personal consumption of the same. "

b) paragraph 7 of article 22 shall be replaced by the following: "7. in Hungary, Romania and Slovakia may apply a reduced rate of tax, not more than 50% below the standard national rate of excise duty on ethyl alcohol, to ethyl alcohol produced by fruit growers ' distilleries producing annually more than 10 hectolitres of ethyl alcohol from fruit supplied by producer aggregates. The application of reduced rates is limited to 50 litres of fruit spirits per producing aggregate exclusively intended for the personal consumption of the same. The Commission should review the scheme in 2015 and report to the Council on any changes. ".

ANNEX IV list referred to in article 20 of the Act of accession: supplementary adaptations of acts adopted by the institutions agriculture 1 AGRICULTURAL legislation. 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, amend the regulation on the common organisation of the markets in the sugar sector to take account of the accession of Bulgaria and Romania, by the adjustment of the quotas of sugar and isoglucose and the maximum supply needs for imports of raw sugar , laid down in the following table, which can be adapted in the same way that the quotas of existing 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 (in tonnes) Bulgaria Romania basic Quantity for sugar

(1) 4 752 109 164 of which: 4 320 99 240 B 432 9 924 maximum supply Needs for imports of raw sugar (expressed as white sugar) 198 748 329 636 quantity of basis for isoglucose (2) 56 063 9 981 of whom: the B 191 0 56 063 9 790 (1) In tonnes of white sugar. (2) in tonnes of dry matter.

If Bulgaria so requests in 2006, the basic quantities of sugar and (B) above will pass to basic isoglucose quantities A and B of Bulgaria.

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

If necessary, through the procedure referred to in article 23 of Regulation (EC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco 1, the Commission shall, by the date of accession, the necessary amendments to the Community list of recognised production areas set out in annex II to Regulation (EC) no 2848/98 to take account of the accession of Bulgaria and Romania, in particular in order to insert in this list the production areas designated by Bulgaria and Romania.

3.32003 R 1782: Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending regulations (EEC) No 2019/93, (EC) no 1452/2001, (EC) no 1453/2001, (EC) No 1454/2001 , (EC) 1868/94 no, (EC) No 1251/1999, (EC) No 1254/1999, (EC) no 1673/2000, (EEC) no 2358/71 and (EC) no 2529/2001 (OJ L 270 of 21.10.2003, p. 1), as amended by: – 32004 R 0021: Council Regulation (EC) No 21/2004 of 17.12.2003 (OJ L 5 of 9.1.2004, p. 8),-32004 R 0583 : Commission Regulation (EC) no 583/2004 of 22.3.2004 (OJ L 91 of 30.3.2004, p. 1),-32004 D 0281: Commission decision 2004/281/EC of 22.3.2004 (OJ L 93 of 30.3.2004, p. 1),-32004 R 0864: Commission Regulation (EC) No 864/2004 of 29.4.2004 (OJ L 161 of 30.4.2004, p. 48).
1 OJ L 215 of 30.7.1992, p. 70.

the) the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt the necessary provisions for Bulgaria and Romania to integrate aid for seeds production support schemes provided for in Chapter 6 of title III and Title IV A of Regulation (EC) No 1782/2003.

I) These provisions should include the following amendment to annex Xia "ceilings for aid for seed production in the new Member States referred to in paragraph 3 of article 99" Regulation (EC) No 1782/2003, as amended by Regulation (EC) no 583/2004: "ANNEX XI the ceilings on aid for seed production in the new Member States referred to in paragraph 3 of article 99 (EUR milhões) calendar year Bulgaria Czech Republic Estonia Cyprus Latvia Lithuania Hungary Malta Poland Romania Slovenia Slovakia to 2005-3-0.08 0.04 0.10 0.10 0.78 0.03 0.56 0.87 0.04 0.0 2006-3-0.10 0.04 0.12 0.12 0.90 0.03 0.65 1.02 0.04 0.0 2007 2008 0.14 0.14 1.03 0.04 0.74 0.19 0.11 0.05 0.13 1.46 0.06 0.0 4 0.11 1.17 0.05 0.0 5 2009 6 0.15 1.75 0.07 0.0 0.21 0.21 1.55 0.06 1.11 0.26 0.17 0.07 0.17 0.17 1.29 0.05 0.93 0.23 0.14 0.06 0.17 2.04 0.08 2010
0.24 0.24 1.81 0.07 1.30 0.30 0.19 0.08 0.22 2.33 0.10 0.0 0.0 7 2011 8 0.28 0.28 2.07 0.08 1.48 0.38 0.22 0.09 0.26 2.62 0.11 0.0 9 2012 2013 2014 0.31 0.31 2.33 0.09 1.67 0.45 0.25 0.11 0.30 2.91 0.12 0.1 0.35 0.35 2.59 0.10 1.85 0.53 0.28 0.12 0.34 2.91 0.12 0.1 0.35 0.35 2.59 0.10 1.85 0.60 0.28 0.12 0 0 0 0.39 2.91 0.12 0.1 0.35 0.35 2.59 0.10 1.85 0.68 0.28 0.12 2015 2016 0.43 2.91 0.12 0.1 0 0 0.35 0.35 2.59 0.10 1.85 0.75 0.28 0.12 0.43 2.91 0.12 0.1 0.35 0.35 2.59 0.10 1.85 0.75 0.28 0.12 years following "ii) the allocation of national maximum quantities of seeds to which the relevant help: allocation of national maximum quantities of seeds to which the relevant help (in tonnes) Bulgaria Romania rice seed (Oryza sativa l.) 883.2 100 other seeds 936 2 294 b) the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt the necessary measures in relation to Bulgaria and Romania to integrate aid for tobacco in the support schemes laid down in Chapter 6 of title III and Title IV A of Regulation (EC) No 1782/2003.

The agreed allocation of national guarantee thresholds for tobacco are as follows: Allocation of national guarantee thresholds agreed for tobacco (in tonnes) Bulgaria Romania Total, of which: 47 137 12 312 I hot air dried Clear dry air II 9 023 4 647 3 208 2 370 V Sun-dried 5 295 SAW VIII Kaba Koulak 31 106 3 800 Basmas b. veterinary and phytosanitary LEGISLATION


31999 L 0105: Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (OJ L 11 of 15.1.2000, p. 17).

If necessary, through the procedure referred to in paragraph 3 of article 26 of Directive 1999/105/EC, the Commission shall adapt annex I to that directive with regard to the forest species Pinus peuce Griseb., Fagus orientalis Lipsky, Quercus frainetto Ten. and Tilia tomentosa Moench.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ANNEX V list referred to in article 21 of the Act of accession: other permanent provisions 1. COMPANY LAW Treaty establishing the European Community: part three, title I free movement of goods – A SPECIFIC MECHANISM with regard to Bulgaria or Romania, the holder – or the beneficiary – of a patent or a supplementary protection certificate of a pharmaceutical product application in a Member State on a date on which it was not possible to obtain such protection in the new Member States mentioned above for this product , may invoke the rights conferred by that patent or supplementary protection certificate to prevent the import and marketing of that product in the Member State in which the product in question enjoys the protection conferred by the patent or supplementary protection certificate, even if the said product has been placed on the market for the first time in that new Member State by him or with your consent.

Any person intending to import or market a pharmaceutical product covered by the previous paragraph for a Member State where the product enjoys patent protection or supplementary protection, must prove to the competent authorities in the application regarding that import that the holder or beneficiary of this production was previously notified with a period of one month.

2. COMPETITION POLICY Treaty establishing the European Community: part three, title VI, Chapter 1-the competition rules 1. The aid schemes and individual aid below running in a new Member State before the date of accession and which continue to be applicable after that date shall be regarded upon accession, existing aid within the meaning of paragraph 1 of article 88(1) of the EC Treaty: a) aid measures running before 10 December 1994;

b) aid measures listed in the appendix to this annex;

c) aid measures which prior to the date of accession, were assessed by the State aid monitoring authority of the new Member State and found to be compatible with the acquis, and to which the Commission has not raised objections motivated by serious doubts as to the compatibility of the measures with the common market, in accordance with paragraph 2.

All measures still applicable after the date of accession which constitute State aid and do not meet the above-mentioned conditions are considered new aid upon accession for the purposes of paragraph 3 of article 88(1) of the EC Treaty.

The foregoing does not apply to aid to the transport sector, nor to activities linked to the production, processing or marketing of products listed in annex I to the EC Treaty except fishery products and products thereof.

In addition, the foregoing is without prejudice to the transitional measures regarding competition policy set out in the Act or the measures provided for in Annex VII, Chapter 4, section B, to the Act.

2. If a new Member State wish the Commission review an aid measure under the procedure described in point 1 (c)), will provide the Commission regularly: a) A list of existing aid measures which have been assessed by the national authority of State aid control and she considered compatible with the acquis, and b) any other information essential to the assessment of the compatibility of the aid measure to be examined According to the specific requirements laid down by the Commission in the field of information.

If the Commission does not object to measure on the basis of serious doubts as to the compatibility with the common market, within three months from the date of receipt of the complete information about the existing aid measure, or of a declaration of a new Member State in which it informs the Commission that it considers the information provided complete in view of the additional information requested is not available or had been provided, it is considered that the Commission did not raise objections.

All aid measures submitted to the Commission pursuant to subparagraph (c)) 1 point before the date of accession shall be subject to the procedure described above, regardless of the fact that during the analysis period, the new Member State concerned have however become a member of the Union.

3. If the Commission decides to object to a measure, within the meaning of point 1 (c)), that decision will be seen as a decision to initiate the formal investigation procedure within the meaning of Regulation (EC) no 659/1999 of 22 March 1999 laying down detailed rules for the application of article 93 of the EC Treaty 1.

If it is taken before the date of accession, this decision shall take effect from the date of accession.
1 OJ L 83 of 27.3.1999, p. 1. Regulation as last amended by the 2003 Act of accession (OJ L 236 of 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 to the transport sector running in a new Member State before the date of accession and which continue to be applicable after that date shall be regarded as existing aid within the meaning of paragraph 1 of article 88(1) of the EC Treaty subject to the following conditions :-the aid measures shall be communicated to the Commission within four months from the date of accession. This communication shall include information on the legal basis of each measure. Existing aid measures and projects relating to the establishment or amendment of any aid notified to the Commission before the date of accession, shall be considered as having been notified on the date of accession.

These aid measures shall be regarded as "existing aid" within the meaning of paragraph 1 of article 88(1) of the EC Treaty until the end of the third year from the date of accession.


The new Member States should amend, where necessary, the aid measures in order to comply with the guidelines applied by the Commission at the latest by the end of the third year from the date of accession. After that date, the aid incompatible with the guidelines mentioned above will be considered as new aid.

5. With regard to Romania, paragraph c) 1 point will only apply to aid measures assessed by the national authority of State aid control after the date, decided by the Commission on the basis of a permanent examination of commitments made by Romania in the context of the accession negotiations, that Romania has reached a satisfactory level in terms of law enforcement in the field of State aid in the period prior to accession. It is considered that was reached a satisfactory level when Romania show that the coherent execution full and proper control of State aid in relation to all aid measures granted in Romania, including the adoption and implementation by the national authority of State aid control, fully and correctly reasoned decisions entailing an accurate assessment of the State aid nature of each measure and a correct application of the compatibility criteria.

The Commission may raise objections, motivated by serious doubts as to compatibility with the common market, any aid measures granted in the pre-accession period between 1 September 2004 and the date set in the decision of the Commission referred to above, in which it notes that the application of the law for the enforcement of State aid has reached a satisfactory level. The Commission's decision to lift objections to a measure shall be considered a decision to initiate the formal investigation procedure within the meaning of Regulation (EC) no 659/1999. If it is taken before the date of accession, this decision shall take effect from the date of accession.

Where to adopt a negative decision following the initiation of the formal investigation procedure, the Commission shall decide that Romania shall take all necessary measures to ensure that the aid be recovered. The aid to be recovered shall include interest at an appropriate rate determined in accordance with Regulation (EC) no 794/2004 1, payable from the same date.

3. Agriculture) Treaty establishing the European Community: part three, title II, agriculture 1. Public stocks held at the date of accession by the new Member States and resulting from your market-support policy shall be taken over by the community at the value resulting from the application of article 8 of Regulation (EEC) No 1883/78 of 2 August 1978, laying down general rules for the financing of interventions by the European agricultural guidance and guarantee fund Section 2. The takeover only if 1 Regulation (EC) no 794/2004 of 21 April 2004 implementing Council Regulation (EC) no 659/1999, which lays down detailed rules for the application of article 93 of the EC Treaty (OJ L 140 of 30.4.2004, p. 1).
2 OJ L 216 of 5.8.1978, p. 1. Regulation as last amended by carrying out if the products concerned are subject to public intervention in the community and if the stocks meet the Community intervention requirements.

2. The stock of products, private or public, which are in free circulation at the date of accession within the territory of the new Member States and beyond, in quantity, which can be considered a normal existence of report must be eliminated at the expense of the new Member States.

The notion of normal existence of report will be defined for each product on the basis of criteria and objectives specific to each common market organisation.

3. The inventories referred to in paragraph 1 shall be deducted from the quantity exceeding the normal carryover stocks.

4. the Commission shall implement and apply the above provisions in accordance with article 13 of Regulation (EC) no 1258/1999 of 17 May 1999 on the financing of the common agricultural policy 1 or, if appropriate, in accordance with paragraph 2 of article 42 of Regulation (EC) No 1260/2001 of the Council of 30 June 2001 the common organisation of the markets in the sugar sector 2, or of the corresponding articles of the other regulations on the common organization of agricultural markets or the relevant Committee procedure as determined by applicable law.

b) Treaty establishing the European Community: part three, title VI, Chapter 1-the competition rules Without prejudice to the procedures concerning existing aid provided for in article 88 of the EC Treaty, aid schemes and individual aid granted to activities linked to the production, processing or marketing of products Regulation (EC) No 1259/96 (OJ L 163 of 2.7.1996 , p. 10). 1 OJ L 160 of 26.6.1999, p. 103. 2 OJ L 178 of 30.6.2001, p. 1. Regulation as last amended by Regulation (EC) No 39/2004 (OJ L 6 of 10.1.2004, p. 16).

listed in annex I to the EC Treaty, with the exception of fisheries products and products derived therefrom which have been put into implementation 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 paragraph 1 of article 88(1) of the EC Treaty, on the following condition: – the aid measures shall be communicated to the Commission within four months from the date of accession. This communication shall include information on the legal basis of each measure. Existing aid measures and projects relating to the establishment or amendment of any aid notified to the Commission before the date of accession, shall be considered as having been notified on the date of accession. The Commission shall publish a list of such aid.

These aid measures shall be regarded as "existing aid" within the meaning of paragraph 1 of article 88(1) of the EC Treaty until the end of the third year from the date of accession.

The new Member States should amend, where necessary, the aid measures in order to comply with the guidelines applied by the Commission at the latest by the end of the third year from the date of accession. After that date, the aid is incompatible with the guidelines above will be considered as new aid.

4. CUSTOMS UNION Treaty establishing the European Community: part three, title i: "the free movement of goods, chapter i:" the Customs Union "


31992 R 2913: Council Regulation (EEC) No 2913/92 number of 12 October 1992 establishing the Community Customs Code (OJ L 302 of 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 Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236 of 23.9.2003, p. 33), 31993 R 2454: Commission Regulation (EEC) No 2454/93 number of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 number of the Council laying down the Community Customs Code (OJ L 253 of 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 of 31.12.2003, p. 1).

Regulations (EEC) No 2913/92 and s 2454/93 shall apply to the new Member States subject to the following specific provisions: PROOF of COMMUNITY STATUS (TRADE WITHIN the ENLARGED COMMUNITY) 1. Notwithstanding article 20 of Regulation (EC) No 2913/92, goods which on the date of accession are in temporary storage or under one of the customs procedures referred to in point (a) and (b)) and in (b)) 15 g) of point 16 article 4 of that regulation in the enlarged community, or which are to be transported after completion of the export formalities within the enlarged community shall be exempt from customs duties and other customs measures when they have been declared for release for free circulation in the enlarged community, since present one of the following evidence: a) certificate of preferential origin properly issued or drawn up before the date of accession under the conditions established in the Europe agreements listed below or the equivalent preferential agreements concluded between the new Member States , which include a ban or an exemption of customs duty drawback on non-originating materials used in the manufacture of products for which has been issued or an elaborate proof of origin ("no-drawback" rule);

Europe agreements: – 21994 A 1231 (24) Europe Agreement establishing an association between the 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) 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 concerning the definition of the concept of "originating products" and methods of administrative cooperation 2;

b) one of the proof of Community status referred to in article 314 C of Regulation (EEC) No 2454/93 number;

c) an ATA Carnet issued before the date of accession in a present Member State or in a new Member State.

2. for the purpose of issuing the proofs referred to in point (b)) of paragraph 1, in relation to the situation at the date of accession and in addition to the provisions of paragraph 7 of article 4 of Regulation (EEC) 2913/92 paragraph, "Community goods" goods:-entirely 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 number without incorporation of goods imported from other countries or territories; or – imported from countries or territories other than the country concerned, and released for 1 OJ L 358 of 31.12.1994, p. 3. Protocol as last amended by decision No 1/2003 of the EU-Bulgaria Association Council of 4.6.2003 (OJ L 191 of 30.7.2003, p. 1).
2 OJ L 357 of 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).

free circulation in that country; or – obtained in the country concerned, either from goods referred to exclusively in the second indent of this paragraph, either from goods referred to in the first and second indents of this paragraph.

3. For the purpose of verifying the proofs referred to in paragraph 1), the provisions concerning the definition of the concept of "originating products" and methods of administrative cooperation under the respective Europe agreements or the equivalent preferential agreements concluded between the new Member States. Requests for subsequent verification of those proofs shall be accepted by the competent customs authorities of the present Member States and the new Member States within three years after the issue of the proof of origin concerned and may be made by those authorities in a period of three years after acceptance of the proof of origin in support of a declaration of free circulation.

PROOF of PREFERENTIAL ORIGIN (TRADE with third countries, in particular with Turkey, in the FRAMEWORK of PREFERENTIAL AGREEMENTS in RESPECT of AGRICULTURAL PRODUCTS and coal and steel PRODUCTS) 4. Without prejudice to the application of any measure deriving from the common commercial policy, proof of origin properly issued by third countries or established in the framework of preferential agreements concluded by the new Member States with those countries or issued or established in the framework of unilateral national legislation of the new Member States shall be accepted in the new Member States, provided that: a) the acquisition of such origin confers preferential tariff treatment on the basis of the preferential tariff measures contained in agreements or arrangements which the community has concluded with third countries or groups of countries or adopted for the benefit of those countries or groups of countries, referred to in points (d)) and e) of paragraph 3 of article 20 of Regulation (EEC) No 2913/92 number; and (b)) the proof of origin and the transport documents were issued or drawn up no later than the day preceding the accession; and (c)) the proof of origin is submitted to the Customs authorities within four months from the date of accession.

If the goods have been declared for release for free circulation in a new Member State before the date of accession, proof of origin issued or established retrospectively under 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 submitted to the Customs authorities within four months from the date of accession.


5. The Bulgaria and Romania are authorised to retain the authorisations which have been granted the status of "approved exporter" within the framework of agreements concluded with third countries, provided that: a) such a provision is also provided for in the agreements concluded prior to the date of accession by those third countries with the community; and b) The approved exporters apply the rules of origin provided for in those agreements.

The new Member States will replace these authorisations, not later than one year after the date of accession, by new authorisations issued under the conditions laid down in Community legislation.

6. For the purpose of verifying the proofs referred to in paragraph 4, the provisions concerning the definition of the concept of "originating products" and methods of administrative cooperation of the relevant agreements or arrangements. Requests for subsequent verification of those proofs shall be accepted by the competent customs authorities of the present Member States and the new Member States within three years after the issue of the proof of origin concerned and may be made by those authorities in a period of three years after acceptance of the proof of origin in support of a declaration of free circulation.

7. Without prejudice to the application of any measure deriving from the common commercial policy, proof of origin issued retrospectively by third countries in the framework of preferential agreements concluded by the community with these countries will be accepted in the new Member States for the release for free circulation of goods which, at the date of accession are either in transit or in temporary storage in a customs warehouse or in a free zone in one of these third countries or in that new Member State , since in the new Member State in which release for free circulation is not in force any free trade agreement with that third country for the products in question, at the time of issuance of the transport documents and provided that: a) the acquisition of such origin confers preferential tariff treatment on the basis of the preferential tariff measures contained in agreements or arrangements which the community has concluded with third countries or groups of countries adopted for the benefit of these third countries or groups of countries, referred to in points (d)) and e) of paragraph 3 of article 20 of Regulation (EEC) No 2913/92 number; and (b)) the transport documents were issued no later than the day preceding the accession; and (c)) the proof of origin issued retrospectively is submitted to the Customs authorities within four months from the date of accession.

8. For the purpose of verifying the proofs referred to in paragraph 7, the provisions concerning the definition of the concept of "originating products" and methods of administrative cooperation of the relevant agreements or arrangements.

PROOF Of STATUS UNDER The Provisions On FREE CIRCULATION For INDUSTRIAL PRODUCTS In The FRAMEWORK Of The Ec-Turkey Customs Union 9. Proofs of origin properly issued by Turkey or a new Member State under preferential trade agreements applied between them allowing cumulation of origin with the community based on identical rules of origin and a prohibition of drawback of, or a suspension of customs duties on the goods in question shall be accepted in the respective countries as proof of status under the provisions on free circulation for industrial products laid down in decision No 1/95 of the EC-Turkey Association Council 1, provided that: a) the proof of origin and the transport documents were issued no later than the day preceding the accession; and (b)) the proof of origin is submitted to the Customs authorities within four months from the date of accession.

If the goods have been declared for release for free circulation in Turkey or a new Member State before the date of accession in the framework of preferential trade agreements mentioned above, the proof of origin issued retrospectively under those agreements may also be accepted provided that it is submitted to the Customs authorities within four months from the date of accession.

10. For the purpose of verifying the proofs referred to in paragraph 9, the provisions concerning the definition of the concept of "originating products" and methods of administrative cooperation of the relevant preferential agreements. Requests for subsequent verification of those proofs shall be accepted by the competent customs authorities of the present Member States and the new Member States within three years after the issue of the proof of origin concerned and may be made by those authorities in a period of three years after acceptance of the proof of origin in support of a declaration of free circulation.
1 decision No 1/95 of the EC-Turkey Association Council of 22.12.1995, on the transition to the final phase of the Customs Union (OJ L 35 of 13.2.1996, p. 1). Decision as last amended by decision No 2/99 of the EC-Turkey Association Council (OJ L 72 of 18.3.1999, p. 36).

11. Without prejudice to the application of any measure deriving from the common commercial policy, the A.TR movement certificates issued under the provisions on free circulation for industrial products laid down in decision No 1/95 of the EC-Turkey Association Council of 22 December 1995, shall be accepted in the new Member States for the release for free circulation of goods at the date of accession are being transported after completion of the export formalities within the community or in Turkey, or are in temporary storage or under one of the customs procedures referred to in paragraph 1 (b)) h 16) article 4 of Regulation (EEC) No 2913/92 number in Turkey or in that new Member State, provided that: a) is presented to the goods concerned none of the proof of origin referred to in paragraph 9; and (b)) the goods meet the conditions for the implementation of the provisions on free circulation for industrial products; and (c)) the transport documents were issued no later than the day preceding the accession; and (d)) the A.TR movement certificate is submitted to the Customs authorities within four months from the date of accession.

12. For the purposes of verifying the A.TR movement certificates referred to in paragraph 11, the provisions concerning the issue of A.TR movement certificates and methods of administrative cooperation under decision No 1/2001 of the EC Customs co-operation Committee/Turkey 1.

CUSTOMS PROCEDURES 1

Decision No 1/2001 of the EC Customs co-operation Committee-Turkey, 28.3.2001 amending Decision No 1/96 which introduces the implementing rules for the application of decision No 1/95 of the EC-Turkey Association Council (OJ L 98, 7.4.2001 of p. 31). Decision as last amended by decision No 1/2003 of the Committee EC-Turkey customs cooperation (OJ L 28 of 4.2.2003, p. 51).

13. The temporary storage and customs procedures referred to in paragraph 1 (b)) h 16) article 4 of Regulation (EEC) No 2913/92 number which have commenced before accession will end or will be established in accordance with the conditions laid down in Community legislation.

In cases where the end or discharge of the procedure result in the incurrence of a customs debt, the amount of import duties to be paid shall be the which was in force at the time of incurrence of a customs debt in accordance with the Common Customs tariff and the amount paid shall be considered as an own resource of the community.

14. The provisions governing the customs warehousing procedure laid down in articles 84 to 90 and articles 98 to 113 of Regulation (EEC) No 2913/92 and number of articles 496.º to 535.º of Regulation (EEC) No 2454/93 number are applicable to the new Member States subject to the following:-When the amount of a customs debt is determined on the basis of the nature of the imported goods , the value for customs purposes and the quantity of the imported goods at the time of acceptance of the Declaration of placing of these goods under the customs warehousing procedure, and when that Declaration was accepted prior to the date of accession, these elements shall result from the legislation applicable in the new Member State concerned before the date of accession.

15. The provisions on the inward processing arrangements laid down in articles 84 to 90 and 114 to 129 articles of Regulation (EEC) No 2913/92 and number of articles 496.º to 523.º and 536.º the articles 550.º of Regulation (EEC) No 2454/93 number are applicable to the new Member States subject to the following:-When the amount of a customs debt is determined on the basis of the nature of the imported goods , in your tariff classification, the quantity, the value for customs purposes and the origin of the imported goods at the time they were subject to such rules, and when the Declaration of placing of these goods under has been accepted prior to the date of accession, these elements shall result from the legislation applicable in the new Member State concerned before the date of accession;

-When the discharge of the procedure has the effect of the incurrence of a customs debt, in order to maintain the equity between the holders of authorisations established in the present Member States and marketing authorisation holders established in the new Member States, compensatory interest shall be paid from the date of accession on the import duties due under the conditions laid down in Community legislation;

– If the Declaration of entry for the inward processing was accepted under a drawback system, the drawback shall be made, under the conditions laid down in Community legislation, by the new Member State are established, prior to the date of accession, the customs debt in respect of which the drawback is requested, and the expense of that State.

16. The provisions on temporary importation laid down in articles 84 to 90 and 137 to 144 articles of Regulation (EEC) No 2913/92 and number of articles 496.º to 523.º and 553.º the articles 584.º of Regulation (EEC) No 2454/93 number are applicable to the new Member States subject to the following:-When the amount of a customs debt is determined on the basis of the nature of the imported goods , in your tariff classification, the quantity, the value for customs purposes and the origin of the imported goods at the time they were subject to such rules, and when the Declaration of placing of these goods under has been accepted prior to the date of accession, these elements shall result from the legislation applicable in the new Member State concerned before the date of accession;

-When the discharge of the procedure has the effect of the incurrence of a customs debt, in order to maintain the equity between the holders of authorisations established in the present Member States and marketing authorisation holders established in the new Member States, compensatory interest shall be paid from the date of accession on the import duties due under the conditions laid down in Community legislation.

17. The provisions relating to the outward processing laid down in articles 84 to 90 and 145 to 160 articles of Regulation (EEC) No 2913/92 and number of articles 496.º to 523.º and 585.º the articles 592.º of Regulation (EEC) No 2454/93 number are applicable to the new Member States subject to the following: – the second paragraph of Article 591.º of Regulation (EEC) No 2454/93, paragraph shall apply mutatis mutandis to temporary export goods which have been exported temporarily before the date of accession from the new Member States.

OTHER PROVISIONS 18. Authorisations which have been granted before the date of accession for the benefit of the customs procedures referred to in points (a) to (d)), and) and g) of point 16 article 4 of Regulation (EEC) No 2913/92 number are valid until the end of your date or up to one year after the date of accession, whichever occurs first.

19. The provisions concerning the incurrence of a customs debt, entry in the accounts and post-clearance recovery laid down in articles 201 to 232 of Regulation (EEC) No 2913/92 and number of articles 859.º the 876-Regulation (EEC) No 2454/93 number are applicable to the new Member States subject to the following: – the collection is carried out under the conditions laid down in Community legislation. However, in cases where a customs debt has been incurred prior to the date of accession, recovery shall be effected under the conditions in force in the new Member State concerned before accession, by himself and to your favor.

20. The provisions applicable to repayment and remission of the rights contained in articles 235 to 242 of Regulation (EEC) No 2913/92 and number of articles 877.º to 912.º of Regulation (EEC) No 2454/93 number are applicable to the new Member States subject to the following:


-Repayment and remission of duties shall be carried out under the conditions laid down in Community legislation. However, in cases where the duties whose repayment or remission is requested relate to a customs debt incurred before the date of accession, the repayment and remission of duties shall be carried out under the conditions in force in the new Member State concerned before accession, by himself and at his own expense.



Appendix to annex V list of existing aid measures referred to in point (b)) 1 point of the existing aid mechanism provided for in Chapter 2 of annex V Note: the aid measures listed in this appendix shall be deemed to be existing aid for the purposes of the existing aid mechanism provided for in Chapter 2 of annex V to the extent that they are in fact covered by the scope of your 1 point.

No Title (original) date of approval by the national authority of State aid control In number Year 1 2004 на задълженията към Предоговаряне BG държавата възникнали по реда на Закона, за уреждане на кредити, до договорени необслужваните 31.12.1990 г. "" Силома АД, със гр., чрез удължаване на срока Силистра на изплащане на главницата от години за срок 15 29.7.2004 2004-2018 BG за Средства компенсиране от 2 2004 бюджет от доказания на държавния "пощи" ЕАД дефицит Български изпълнението от универсалната на пощенска услуга 31.12.2010 3 2004 BG Целево 18.11.2004 финансиране на дейността на Българската телеграфна агенция-направление "обслужване Информационно" 16.12.2003 31.12.2010 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ANNEX VI list referred to in article 23 of the Act of accession: transitional measures, Bulgaria-1. FREEDOM OF MOVEMENT for PERSONS Treaty establishing the European Community wants 31968 R 1612: Council Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ L 257 of 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 of 30.4.2004, p. 77) 31996 L 0071: Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18 of 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 free movement and residence of Union citizens and their family members in the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC , 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158 of 30.4.2004, p. 77).

1. Article 39 and the first paragraph of article 49 of the EC Treaty are fully applicable to freedom of movement for workers and freedom to provide services involving temporary movement of workers as defined in article 1 of Directive 96/71/EC between Bulgaria, on the one hand, and each of the present Member States, on the other hand , subject to the transitional provisions laid down in paragraphs 2 to 14.

2. By way of derogation from articles 1 to 6 of Regulation (EEC) No 1612/68 and until the end of the period of two years from the date of accession, the present Member States shall apply national measures or measures resulting from bilateral agreements, regulating the access of Bulgarian nationals to the labour markets. The present Member States may continue to apply these measures until the end of the period of five years from the date of accession.

Bulgarian nationals who, at the date of accession, to work legally in a Member State and have been admitted to the labour market of that Member State for a continuous period of not less than 12 months must enjoy the right of access to the labour market of that Member State but not in another Member State applying national measures.

Bulgarian nationals, after accession, are admitted to the labour market of a present Member State for a continuous period of not less than 12 months, must enjoy the same rights.

Bulgarian nationals mentioned in the second and third subparagraphs above shall cease to enjoy the rights referred to in those paragraphs if you voluntarily leave the labour market of the Member State in question.

Bulgarian nationals legally working in a present Member State at the date of accession, or during a period of national measures, and have been admitted to the labour market of that Member State for a period of less than 12 months do not enjoy these rights.

3. Before the expiry of the period of two years from the date of accession, the Council shall review the functioning of the transitional measures provided for in paragraph 2, on the basis of a Commission report.

Complete this review, and no later than the expiry of the period of two years from the date of accession, the present Member States shall notify the Commission whether they will continue applying national measures or measures resulting from bilateral agreements, or if, thereafter, they will apply articles 1 to 6 of Regulation (EEC) No 1612/68. In the absence of such notification, articles 1 to 6 of Regulation (EEC) No 1612/68.

4. at the request of Bulgaria, one further review may be held. The procedure laid down in paragraph 3, which should be completed within six months of receipt of the application.

5. A Member State to maintain national measures or measures resulting from bilateral agreements at the end of the five year period indicated in paragraph 2 may, in case of disturbances or threat of serious disturbances of the labour market or your threats of these disturbances, and after notifying the Commission, continue to apply these measures until the end of the period of seven years from the date of accession. In the absence of such notification, articles 1 to 6 of Regulation (EEC) No 1612/68.


6. During the period of seven years from the date of accession, those Member States in which, by virtue of paragraph 3, 4 or 5, Bulgarian nationals apply articles 1 to 6 of Regulation (EEC) No 1612/68, and granting Bulgarian nationals work permits for monitoring purposes during this period, will do so automatically.

7. Member States in which, by virtue of paragraphs 3, 4 or 5, Bulgarian nationals apply articles 1 to 6 of Regulation (EEC) No 1612/68, may resort to the procedures set out in the following paragraphs to the end of the period of seven years from the date of accession.

When a Member State referred to in the first subparagraph shall suffer or providing for your labour market disturbances that may threaten the standard of living or level of employment in a given region or occupation, shall inform the Commission and the other Member States, supplying them with all relevant information. Based on this information, the Member State may request the Commission to declare the total or partial suspension of the application of articles 1 to 6 of Regulation (EEC) No 1612/68, in order that the situation return to normal in that region or occupation. The Commission shall decide on the suspension and the duration and scope thereof, no later than two weeks from the receipt of such a request and shall notify the Council of this decision. Any Member State may, within two weeks after the decision of the Commission, request the Council to annul or amend the decision. The Council shall act on such a request, by a qualified majority, within two weeks.

Any of the Member States referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of articles 1 to 6 of Regulation (EEC) No 1612/68, and shall submit a notification to the Commission subsequently justified ex-post.

8. While the application of articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by virtue of paragraphs 2 to 5 and 7 above, article 23 of Directive 2004/38/EC shall apply in Bulgaria in relation to nationals of the present Member States and in the present Member States with regard to Bulgarian nationals under the following conditions, as regards the right of family members of workers to undertake an activity :-the spouse of a worker and their descendants who are under 21 years of age or your position, which to him are legally resident in the territory of a Member State at the date of accession, have, from that date, immediate access to the labour market of that Member State. This provision does not apply to family members of a worker who has been legally admitted to the labour market of that Member State for a period of less than 12 months;

– the spouse of a worker and their descendants who are under 21 years of age or your position, which to him are legally resident in the territory of a Member State from a date later than the accession, but during the period of application of the transitional provisions laid down above, have access to the labour market of the Member State concerned as soon as we have eighteen months of residence in that Member State , or from the third year following the date of accession, whichever the earlier.

These provisions are without prejudice to more favourable measures whether national or resulting from bilateral agreements.

9. In so far as certain provisions of Directive 2004/38CE, which replace provisions of Directive 68/360/EEC 1, cannot be dissociated from those of Regulation (EEC) No 1612/68 whose application is deferred pursuant to paragraphs 2 to 5 and 7 and 8, Bulgaria and the present Member States may provide for derogations from these provisions to the extent necessary for the application of paragraphs 2 to 5 and 7 and 8.

10. where, by virtue of the transitional provisions laid down above, the present Member States applying national measures or measures resulting from bilateral agreements, Bulgaria may maintain in force equivalent measures with regard to nationals of the Member State or States concerned.

11. If the application of articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by any of the present Member States, Bulgaria may resort to the procedure set out in paragraph 7:00 pm against Romania. During this period, Bulgaria should automatically issue work permits for monitoring purposes to nationals of Romania.

12. Any present Member State applying national measures in accordance with paragraphs 2 to 5 and 7 to 9 may introduce, under national law, freedom of movement of workers higher than the existing at the date of accession, including full labour market access. From the third year from the date of accession, any present Member State applying national measures may at any time decide to apply articles 1 to 6 of Regulation (EEC) No 1612/68 instead. The Commission shall be informed of this decision.

13. In order to deal with disturbances or the threat of serious disturbances in certain sensitive services sectors of their labour markets, which could arise in certain regions, as a result of the transnational provision of services defined in article 1 of Directive 96/71/EC, and as apply, by virtue of the provisions 1 Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence of workers of Member States and their families in the Community (OJ L 257 of 19.10.1968, p. 13). Directive as last amended by the 2003 Act of accession (OJ L 236 of 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 258 of 30.4.2004, p. 77).

above provided for transitional, national measures or measures resulting from bilateral agreements on the free movement of Bulgarian workers, Germany and Austria may, after notifying the Commission, derogate from the [first paragraph of article 49 of the EC Treaty] in order to, in the context of the provision of services by undertakings established in Bulgaria, limit the temporary movement of workers whose right to exercise an activity in Germany and in Austria is subject to national measures. The list of service sectors which may be covered by this derogation is as follows:-in Germany: NACE Code Sector *

, unless otherwise specified construction, including related activities 45.1 to 4; Activities listed in the annex to Directive 96/71/EC industrial cleaning 74.70 activities Activities industrial cleaning other services 74.87 Exclusively interior design – activities in Austria: NACE Code Sector *, unless otherwise stated-related service activities 01.41 horticulture sawdust, cutting and finishing of stone 26.7 manufacture of metal construction structures 28.11 construction, including related activities 45.1 to 4; Activities listed in the annex to Directive 96/71/EC Security Activities 74.60 industrial cleaning 74.70 activities home care nursing 85.14 social work and activities without accommodation 85.32 NACE: see 31990 R * 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293 of 24.10.1990 , p. 1). Regulation as last amended by 32003 R 0029: Commission Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284 of 31.10.2003, p. 1).

To the extent that Germany or Austria providing for derogations from the first paragraph of article 49 of the EC Treaty, in accordance with the preceding subparagraphs, Bulgaria may, after notifying the Commission, take equivalent measures.

The application of this paragraph may not result in conditions for the temporary movement of workers in the context of the transnational provision of services between Germany or Austria and Bulgaria more restrictive than those in force on the date of signature of the accession treaty.

14. The application of paragraphs 2 to 5 and 7 to 12 can not result in conditions for access of Bulgarian nationals to the labour markets of the present Member States more restrictive than those in force on the date of signature of the accession treaty.

Notwithstanding the application of paragraphs 1 to 13, the present Member States must, during the period when applying national measures or measures resulting from bilateral agreements, give preference to workers who are nationals of the Member States over workers who are nationals of third countries as regards access to your market.

Bulgarian migrant workers and their families legally resident and working in another Member State or migrant workers from other Member States and their families legally resident and working in Bulgaria shall not be treated in a more restrictive way than those of third countries resident and working in that Member State or Bulgaria respectively. Furthermore, in application of the principle of Community preference, migrant workers from third countries resident and working in Bulgaria shall not be treated more favourably than nationals of Bulgaria.

2. FREEDOM to PROVIDE SERVICES 31997 L 0009: Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes (OJ L 84 of 26.3.1997, p. 22).

By way of derogation from paragraph 1 of article 4 of Directive 97/9/EC, the minimum level of compensation shall not apply in Bulgaria until 31 December 2009. The Bulgaria should ensure that your investor-compensation scheme shall cover not less than EUR 12 000 between 1 January 2007 and 31 December 2007 and of not less than EUR 15 000 between 1 January 2008 and 31 December 2009.

During this transitional period the other Member States have the right to prevent a branch of a Bulgarian investment firm established on their territories exercise your activity, unless-and even – that this branch adhere to a system of officially recognised investor-compensation scheme within the territory of that Member State to cover the difference between the level of compensation to Bulgarian and the minimum level referred to in paragraph 1 of article 4 of Directive 97/9/EC.

3. FREE MOVEMENT of CAPITAL Treaty on European Union, the Treaty establishing the European Community.

1. Notwithstanding the obligations arising out of the treaties on which the European Union is founded, Bulgaria may maintain in force for five years from the date of accession the restrictions currently in force in your legislation at the date of signature of the Treaty of accession, on the acquisition of property rights in land for secondary residences by nationals of the Member States or of States parties to the agreement on the European economic area (EEA Agreement) not resident in Bulgaria and by legal persons formed in accordance with the legislation of another Member State or of a State party to the agreement on the EEA.

Nationals of Member States and of States parties to the agreement on the EEA legally resident in Bulgaria shall not be subject to the provisions of the preceding subparagraph or to any rules and procedures other than those that apply to Bulgarian nationals.

2. Notwithstanding the obligations arising out of the treaties on which the European Union is founded, Bulgaria may maintain in force for seven years from the date of accession the restrictions currently in force in your legislation at the date of signature of the Treaty of accession, on the acquisition of agricultural land, forests and forestry land by nationals of other Member States, by nationals of the States parties to the agreement on the EEA and by legal persons formed in accordance with the legislation of another Member State or of a State party to the agreement on the EEA. With regard to the acquisition of agricultural land, forests and forestry land, nationals of Member States may not, under any circumstances, receive less favourable treatment than at the date of signature of the accession treaty or be treated in a more restrictive way than a national of a third country.

Farmers on their own nationals of another Member State who wish to establish themselves and reside legally in Bulgaria are not subject to the provisions of the preceding paragraph or to any procedures other than those that apply to Bulgarian nationals.

There shall be a general review of these transitional measures in the third year from the date of accession. To this end, the Commission shall submit a report to the Council. The Council, acting unanimously on a proposal from the Commission, may decide to shorten or terminate the transitional period indicated in the first subparagraph.

4. agriculture a. AGRICULTURAL LEGISLATION


31997 R 2597: Council Regulation (EC) No 2597/97 of 18 December 1997 laying down additional rules on the common organisation of the market in milk and milk products as regards drinking milk (OJ L 351 of 23.12.1997, p. 13), as last amended by 31999 R 1602: – : Commission Regulation (EC) no 1602/1999 of 19.7.1999 (OJ L 189 of 22.7.1999, p. 43).

By way of derogation from paragraph 1 (b)) and c) of paragraph 1 of article 3 of Regulation (EC) No 2597/97, the requirements relating to fat content shall not apply to drinking milk produced in Bulgaria until 30 April 2009, and thus the milk with a fat content of 3% (m/m) be marketed as whole milk , and milk with a fat content of 2% (m/m) be marketed as semi-skimmed milk. Drinking milk which does not comply with the requirements relating to fat content may be marketed only in Bulgaria or exported to third countries.

B. veterinary and phytosanitary LEGISLATION 32004 R 0853: Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139 of 30.4.2004, p. 55).

the) milk processing establishments listed in Appendix, Chapters I and II of this annex may until 31 December 2009 receive deliveries of raw milk which does not meet the requirements of annex III, section IX, chapter I, Subchapters II and III of Regulation (EC) No 853/2004, or that has not been handled in accordance with these requirements , since the farms from which these deliveries are mentioned on a list maintained for that purpose by the Bulgarian authorities.

b) While the establishments referred to in point (a)) the willing in that subparagraph, products from those establishments shall only be placed on the domestic market or used for new transformation in national establishments also covered by the provisions of subparagraph (a)), regardless of the date of marketing. These products must bear a different identification mark provided for in article 5 of Regulation (EC) No 853/2004.

c) the establishments listed in chapter II of the appendix to this annex may until 31 December 2009, turn milk as milk which does not comply with the requirements of EU on separate production lines. In this context, ' milk which does not comply with the requirements of EU milk referred to in point (a)). These establishments must fully respect EU requirements concerning establishments, namely the application of the principles of hazard analysis and control of critical points (HACCP) (referred to in article 5 of Regulation (EC) No 852/2004 1), and must demonstrate your ability to comply with the following conditions, in particular the designation of its relevant production lines:-take all necessary measures to allow for the due observance of the internal processes of separating milk from initial collection until the finished product, including routes of milk collection, separate storage and treatment of milk as the milk and does not comply with EU requirements, a packaging and specific labelling of milk-based products not in accordance with those requirements, as well as separate storage of such products,-establish a procedure to ensure the traceability of raw materials in particular the necessary documentary evidence of movement of products, as well as the registration of products and the raw materials complying and not complying and the different categories of products, – expose all raw milk to heat treatment at a minimum temperature of 71.7° C for 15 seconds,-take all appropriate measures to ensure that identification marks are not used fraudulently.

The Bulgarian authorities shall: 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 of 30.4.2004, p. 1).

-ensure that the operator or Manager of each establishment concerned takes all necessary measures to allow for the proper observance of in-house procedures for the separation of milk;

-perform tests and unannounced checks to verify compliance with the separation of the milk; and – tests in approved laboratories on all raw and finished products to verify your compliance with the requirements of annex III, section IX, Chapter II of Regulation (EC) No 853/2004, including the microbiological criteria for milk-based products.

Milk and/or all milk-based products originating from separate production lines that transform raw milk which does not comply with the requirements of EU on milk processing establishments approved by the EU may be placed on the market subject to the conditions laid down in point (b)). Raw milk products as processed in a separate production line at one of the establishments listed in chapter II of the appendix to this annex can be marketed as compliant products as long as they are maintained all conditions regarding separation of the production lines.

d) milk and milk-based products produced in accordance with subparagraph (c)) shall be eligible for support under Title I, chapters II and III (with the exception of article 11) and title II of Regulation (EC) No 1255/1999 1 if bear the oval identification mark referred to in section I of annex II to Regulation (EC) No 853/2004.

e) Bulgaria shall ensure gradual compliance with the requirements referred to in point (a)) and submit to the Commission annual reports on the progress made 1 Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (OJ L 160 of 26.6.1999, p. 48). Regulation as last amended by Regulation (EC) No 186/2004 (OJ L 29 of 3.2.2004, p. 6).

on modernization of dairy farms and the milk collection system. The Bulgaria must ensure full compliance with these requirements until 31 December 2009.

f) the Commission may, pursuant to 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 add or delete certain establishments, in the light of the progress made in the correction of existing shortcomings and the outcome of the monitoring process.


The necessary implementing rules to ensure the smooth operation of the above transitional regime may be adopted in accordance with paragraph 2 of 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 transport carriage of goods by road in a Member State (OJ L 279 of 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 of 19.3.2002, p. 1).

the) 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 are not allowed to carry out national transport carriage of goods by road in other Member States, and carriers established in the 1 Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the General principles and requirements of food law, establishing the European food safety authority and laying down procedures in matters of food safety (OJ L 31 of 1.2.2004, p. 1). Regulation as last amended by Regulation (EC) no 1642/2003 (OJ L 245 of 29.9.2003, p. 4).

other Member States are not permitted to carry out national road transport of goods in Bulgaria.

b) before the end of the third year following the date of accession, Member States shall notify the Commission whether they will prolong this period for a maximum of two years or if, thereafter, they will fully apply article 1 of the regulation. In the absence of such communication shall apply article 1 of the regulation. Only carriers established in those Member States where applicable article 1 of the regulation may perform national road transport of goods in other Member States it is also applicable to article 1 of the regulation.

c) Member States in which, by virtue of the provisions of subparagraph (b)), is article 1 of the regulation applies may resort to the procedure established by the end of the fifth year following the date of accession.

Whenever one of the Member States referred to in the previous paragraph make serious disturbance of the national market, or parts of it, due to the activity of cabotage or aggravated, for example a significant surplus of supply over demand or a threat to the financial stability or survival of a large number of road haulage companies , that Member State shall inform the Commission and the other Member States and provide them with all relevant information. Based on this information, the Member State may request the Commission to suspend, in whole or in part, from the application of article 1 of the regulation, so that the situation return to normal.

The Commission shall examine the situation on the basis of data provided by the Member State concerned and shall decide within one month of receipt of the request, whether to adopt safeguard measures. The procedure laid down in the second, third and fourth subparagraphs of paragraph 3, as well as the provisions laid down in paragraphs 4, 5 and 6 of article 7 of the regulation.

Any of the Member States referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of article 1 of the regulation, and shall submit to the Commission following a reasoned ex-post notification.

d) While article 1 of the regulation does not apply pursuant to subparagraphs (a)) and b), Member States may regulate access to their national road transport of goods by means of the exchange of progressive cabotage authorisations on the basis of bilateral agreements, including introducing the full liberalisation.

and) application of paragraph 1 (a)), b) and (c)) cannot cause an access to national road transport of goods more restrictive than that in force at the date of signature of the accession treaty.

2.31996 L 0026: Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator, as well as the mutual recognition of diplomas, certificates and other evidence of formal qualifications, in order to facilitate the effective exercise of freedom of establishment of these transporters in national and international transport (OJ L 124 of 23.5.1996 , p. 1), as last amended by: – 32004 L 0066: Council Directive 2004/66/EC of 26.4.2004 (OJ L 168 of 1.5.2004, p. 35).

Until December 31, 2010) (c) of paragraph 3 of article 3 of Directive 96/26/EC shall not apply in Bulgaria to transport undertakings engaged exclusively in national transport operations by road of goods and passengers.

The capital and reserves of those undertakings shall gradually reach the minimum rates laid down in that provision, in accordance with the following timetable: – until 1 January 2007, the company must have a capital and reserves whose value is at least equal to EUR 5 850 in the case of a single vehicle used and EUR 3 250 for each additional vehicle;

-until 1 January 2008, the company must have a capital and reserves whose value is at least EUR 6 750 in the case of a single vehicle used and EUR 3 750 for each additional vehicle;

-until 1 January 2009, the undertaking must have available capital and reserves whose value is at least equal to EUR 7 650 in the case of a single vehicle used and EUR 4 250 for each additional vehicle;

-until 1 January 2010, the company must have a capital and reserves whose value is at least equal to EUR 8 550 in the case of a single vehicle used and EUR 4 750 for each additional vehicle.

3.31996 L 0053: Council Directive 96/53/EC of 25 July 1996 laying down the maximum authorized dimensions in national and international traffic and the maximum authorised weights in international traffic for certain road vehicles circulating within the Community (OJ L 235 of 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 of 9.3.2002, p. 47).


By way of derogation from paragraph 1 of article 3 of Directive 96/53/EC, vehicles complying with the limit values of categories 3.2.1, 3.4.1, 3.4.2.. and 3.5.1. specified in annex I to that directive may only use non-upgraded parts of the Bulgarian road network until 31 December 2013 if they comply with the limits of maximum axle load Bulgarians.

From the date of accession, no restrictions may be imposed on the use of vehicles which comply with the requirements of Directive 96/53/EC in the main transit routes set out in annex I to decision No 1692/96/EC/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 1.

The Bulgaria will fulfill the timetable contained in frames forward to modernize your main road network. All infrastructure investments involving the use of funds from the Community budget shall ensure that the arteries are constructed or upgraded in order to be able to withstand a load of 11.5 tonnes per axle.

Together with the completion of the upgrading, there shall be a progressive opening of the Bulgarian road network, including the network set out in annex I to decision No 1692/96/EC/EC, for vehicles in international traffic complying with the limit values set out in the directive. For the purposes of loading and unloading, where technically possible, is permitted to use non-upgraded parts of the secondary road network throughout the transitional period.

From the date of accession, all vehicles in international traffic fitted with air-suspension and complying with the limit values set out in Directive 96/53/EC shall not be subject to any temporary additional charges for using the entire Bulgarian road network.

Will be charged, in a non-discriminatory way, temporary additional fees laid down for using non-upgraded parts of the road network for vehicles in international traffic not fitted with air-suspension and complying with the limit values set out in the directive. The regime of fees should be transparent, and payment of fees must not lead to administrative burdens or excessive delays for the user nor a systematic control of axle load limits at the border. The application of load limits on the shaft should be assured in a non-discriminatory manner throughout the territory and be effective also as regards vehicles registered in Bulgaria.

Programme for the modernisation of the road network (km) 1 OJ L 228 of 9.9.1996, p. 1. Decision as last amended by decision No 884/2004/EC/EC (OJ L 167 of 30.4.2004, p. 1).

Table 1 N ROAD SECTION LENGTH/KM OPENING to TRAFFIC MEASURE 1 2 3 4 5 6 1 I-5/E-85/GABROVO-SHIPKA 18 2014 NEW CONSTRUCTION 2 I-5/E-85/KARDJALI-PODKOVA (MAKAZA) SUBTOTAL 18 2008 NEW CONSTRUCTION 36 3 I-6 SOFIA-PIRDOP 56 2009 I-4 7 RECOVERY SILISTRA-SHUMEN 88 2011 5 I-7 RECOVERY PRESLAV-E-773 48 2010 136 6 І-9 SUBTOTAL RECONSTRUCTION/E87/ROMANIAN BORDER-BALCHIK 60 2009 7 II-12 RECOVERY VIDIN-Serbia and MONTENEGRO BORDER 26 2008 RECONSTRUCTION 8 II-14 VIDIN-KULA-Serbia and MONTENEGRO BORDER 42 2009 9 RECONSTRUCTION II-18 EXTERNAL RING ROAD of SOFIA-NORTHERN ARC 24 2014 NEW CONSTRUCTION 10 II-19 SIMITLI-GOTSE DELCHEV-GREEK BORDER 91 2008 11 RECOVERY II-29 DOBRICH-VARNA 21 2010 12 II RECOVERY-LOVECH – KARNARE 35 28 2011 13 RECONSTRUCTION II-53 SLIVEN-YAMBOL 25 2010 14 II-55 RECOVERY GURKOVO-NOVA ZAGORA 26 2010 15 II-55 RECOVERY NOVA ZAGORA – SVILENGRAD 81 2012 SUBTOTAL RECOVERY 107 16 II-57 STARA ZAGORA-RADNEVO 42 2010 RECOVERY 17 II-62 KYUSTENDIL – DUPNITSA 26 2011 18 RECONSTRUCTION II-63 PERNIK-Serbia and MONTENEGRO BORDER 20 2010 19 RECONSTRUCTION II-73 SHUMEN-KARNOBAT 44 2012 20 RECONSTRUCTION II-73 SHUMEN-KARNOBAT 119 2011 SUBTOTAL 63 21 RECONSTRUCTION II-78 RADNEVO-STRALDJA 40 2013 22 RECOVERY II-86 ASENOVGRAD-SMOLYAN 72 2014 23 RECONSTRUCTION II-98 BURGAS-MALKO TARNOVO 64 2014 24 RECONSTRUCTION III-197 GOTSE DELCHEV-SMOLYAN 87 2013 25 RECONSTRUCTION III-198 GOTSE DELCHEV – BORDER of the FORMER YUGOSLAV REPUBLIC of MACEDONIA 95 2013 REBUILDING 26 III-534 ELENA- NOVA ZAGORA 52 2012 27 RECONSTRUCTION III-534 NOVA ZAGORA-SIMEONOVGRAD RECONSTRUCTION SUBTOTAL 105 28 53 2014 III-601 KYUSTENDIL-BORDER of the FORMER YUGOSLAV REPUBLIC of MACEDONIA 27 2011 NEW BUILD 29 III-622 KYUSTENDIL – BORDER of the FORMER YUGOSLAV REPUBLIC of MACEDONIA 31 2013 NEW CONSTRUCTION 30 III-865 SMOLYAN-MADAN 15 2011 31 RECONSTRUCTION III-867 SMOLYAN-KARDJALI RECONSTRUCTION 32 69 2014 III-868 VARIANT SMOLYAN 40 2012 NEW 33 CONSTRUCTION IV-SIMITLI – 410068 BORDER of the FORMER YUGOSLAV REPUBLIC of MACEDONIA 28 2009 NEW BUILD 34 PLOVDIV 4 2014 NEW CONSTRUCTION VARIANT A1 HIGHWAY "TRAKIA"-STARA ZAGORA – KARNOBAT 35 2 33 2010 BATCH NEW CONSTRUCTION NEW CONSTRUCTION 3 37 2011 BATCH 36 37 LOT 4 48 2014 NEW CONSTRUCTION SUB-TOTAL TOTAL 118 2 2008 2009 2010 2011 2012 2013 2014 RECOVERY MEASURE Framework 1598 91 116 114 88 81 40 0 26 42 68 88 96 182 258 RECONSTRUCTION NEW CONSTRUCTION 18 28 33 64 40 31 94 135 186 215 240 217 253 352 1598 km 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 of 1.5.2004, p. 35).

For the purposes of point (b)) of paragraph 3 of article 28 of Directive 77/388/EEC, Bulgaria may continue to exempt from value added tax on international transport of passengers, referred to in point 17 of Annex F to the directive, to be filled in the condition provided for in paragraph 4 of article 28 of the directive or as long as the same exemption is applied by any of the present Member States , whichever is the earlier.

2.31992 L 0079: Council Directive 92/79/EEC of 19 October 1992 on the approximation of taxes on cigarettes (OJ L 316 of 31.10.1992, p. 8), as last amended by: – 32003 L 0117: Council Directive 2003/117/EC of 5.12.2003 (OJ L 333 of 20.12.2003, p. 49).


By way of derogation from paragraph 1 of article 2 of Directive 92/79/EEC, Bulgaria may postpone until 31 December 2009 the application of the overall minimum excise duty on the retail selling price (inclusive of all taxes) for cigarettes of the price class more sold, provided that during this period, the gradual adjustment of its excise rates the overall minimum excise duty provided for in the directive.

Without prejudice to article 8 of Directive 92/12/EEC of 25 February 1992 on the General arrangements, holding, movement and monitoring of products subject to excise duty 1, and after informed the Commission, Member States may, as long as the above derogation applies, maintain the same quantitative limits applied to imports from third countries for cigarettes which may be brought into their territories from Bulgaria without payment of excise duty. Member States which opt for this possibility may carry out the necessary checks provided that these do not affect the proper functioning of the internal market.

3.32003 L 0049: Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (OJ L 157 of 26.6.2003, p. 49), as last amended by: – 32004 L 0076: Council Directive 2004/76/EC , of 29.4.2004 (OJ L 157 of 30.4.2004, p. 106).

The Bulgaria is authorized not to apply the provisions of article 1 of Directive 2003/49/EC until 31 December 2014. During this transitional period, the tax rate applicable to the payment of interest and royalties to an associated company of another Member State or to a permanent establishment situated in another Member State of an associated company of a Member State may not exceed 10% until 31 December 2010 and 5% in the following years until 31 December 2014.
1 OJ L 76 of 23.3.1992, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122 of 16.5.2003, p. 36).

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 of 31.10.2003, p. 51), as last amended by: – 32004 L 0075: Council Directive 2004/75/EC of 29.4.2004 (OJ L 157 of 30.4.2004 , p. 100).

the) by way of derogation from article 7 of Directive 2003/96/EC, Bulgaria may apply the following transitional periods: – until 1 January 2011 to adjust the national level of taxation on unleaded petrol used as fuel the minimum level of EUR 359 per 1000 litres. The effective tax rate applied to unleaded petrol used as fuel shall not be less than EUR 323 per 1000 litres from 1 January 2008, – until 1 January 2010 to adjust the national level of taxation on gas oil and kerosene used as fuel the minimum level of EUR 302 per 1000 litres until 1 January 2013 to reach the minimum level of EUR 330 per 1 000 liters. The effective tax rate applicable to gas oil and kerosene used as fuels shall not be less than EUR 274 per 1000 litres 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 adjust its national level of taxation on coal and coke used for district heating purposes to the minimum levels of taxation laid down in annex I, table C, – until 1 January 2009 to adjust its national level of taxation on coal and coke used for other purposes to the minimum levels of taxation set out in annex I, Table c.

The actual tax rates applicable to energy products must not be less than 50% of the relevant Community minimum rate as from 1 January 2007.

c) by way of derogation from article 10 of Directive 2003/96/EC, Bulgaria may apply a transitional period until 1 January 2010 to adjust the national levels of taxation of electricity to the minimum levels of taxation laid down in annex I, Table c. The effective tax rates applied to electricity must not be less than 50% of the relevant Community minimum 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 concerning the manufacture, presentation and sale of tobacco products (OJ L 194 of 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 within the territory of Bulgaria shall be 1 January 2011. During the transitional period: – cigarettes manufactured in Bulgaria with a tar content of greater than 10 mg per cigarette shall not be marketed in the other Member States;

-Cigarettes manufactured in Bulgaria with a tar content of greater than 13 mg per cigarette shall not be exported to third countries; These limits shall be reduced to 12 mg from 1 January 2008 and to 11 mg from 1 January 2010;

– Bulgaria shall provide the Commission regularly updated information on the timetable and the measures taken to ensure compliance with the directive.

31968 L 0414 energy 8: Council Directive 68/414/EEC of 20 December 1968, imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products (OJ L 308 of 23.12.1968, p. 14), as last amended by 31998 L 0093: Council Directive 98/93/EC , of 14.12.1998 (OJ L 358 of 31.12.1998, p. 100).

By way of derogation from paragraph 1 of article 1 of Directive 68/414/EEC, the minimum level of stocks of petroleum products shall not apply in Bulgaria until 31 December 2012. The Bulgaria should ensure that your minimum stocks of petroleum products corresponds, for each of the categories of petroleum products listed in article 2, to at least average daily internal consumption as defined in paragraph 1 of article 1, the following number of days:


-30 days until 1 January 2007; -40 days until 31 December 2007; -50 days until 31 December 2008; -60 days until 31 December 2009; -70 days until 31 December 2010; -80 days until 31 December 2011; -90 days until 31 December 2012.

9. INFORMATION TECHNOLOGY and telecommunications 32002 L 0022: Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users ' rights relating to electronic communications networks and services (universal service directive) (OJ L 108 of 24.4.2002, p. 51).

By way of derogation from paragraph 1 of article 30 of Directive 2002/22/EC, Bulgaria may postpone the introduction of number portability until 1 January 2009.

10. The ENVIRONMENT. 1 AIR QUALITY. 31994 L 0063: Council 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 your distribution from terminals to service stations (OJ L 365 of 31.12.1994, p. 24), as amended by: – 32003 R 1882 : Commission Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284 of 31.10.2003, p. 1).

the) by way of derogation from article 3 and annex I of Directive 94/63/EC, the requirements for existing storage installations at terminals shall not apply in Bulgaria: – until 31 December 2007, the storage facilities at 6 terminals with a throughput loaded greater than 25000 tonnes/year but less than or equal to 50 000 tonnes/year;

– until 31 December 2009, 19 storage installations with a throughput loaded less than or equal to 25000 tonnes/year.

b) by way of derogation from article 4 and annex II of Directive 94/63/EC, the requirements for loading and unloading of existing mobile containers at terminals shall not apply in Bulgaria: – until 31 December 2007, the 12 terminals with a throughput greater than 25000 tonnes/year but less than or equal to 150 000 tonnes/year;

– until 31 December 2009, to 29 terminals with a throughput less than or equal to 25000 tonnes/year.

c) by way of derogation from article 5 and annex I of Directive 94/63/EC, the requirements for existing mobile containers at terminals shall not apply in Bulgaria: – until 31 December 2007, to 50 road tankers;

– until 31 December 2009, the more 466 road tankers.

d) by way of derogation from article 6 and annex III of Directive 94/63/EC, the requirements for the existing storage installations at service stations shall not apply in Bulgaria: – until 31 December 2007, the 355 service stations with a throughput greater than 500 m 3/ano, but less than or equal to 1000 m 3/ano;

– until 31 December 2009, to 653 service stations with a throughput less than or equal to 500 m 3/ano.

2.31999 L 0032: Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (OJ L 121 of 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 of 31.10.2003, p. 1).

the) by way of derogation from paragraph 1 of article 3 of Directive 1999/32/EC, the requirements for the sulphur content of heavy fuel oils shall not apply in Bulgaria until 31 December 2011 at the use site. During this transitional period the sulphur content shall not exceed 3.00% by mass.

b) by way of derogation from paragraph 1 of article 4 of Directive 1999/32/EC, the requirements for the sulphur content of gas oils shall not apply in Bulgaria until 31 December 2009 in local use. During this transitional period the sulphur content shall 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 within, into and out of the European Community (OJ L 30 of 6.2.1993, p. 1), as last amended by:-32001 R 2557: Commission Regulation (EC) no 2557/2001 of the Commission , of 28.12.2001 (OJ L 349 of 31.12.2001, p. 1), a) until 31 December 2014, all shipments to Bulgaria of waste for recovery listed in annex II to Regulation (EEC) No 259/93 shall be notified to the competent authorities and processed in accordance with articles 6, 7 and 8 of the regulation.

b) by way of derogation from paragraph 4 of article 7 of Regulation (EEC) No 259/93, the competent authorities of Bulgaria may, until 31 December 2009, to raise objections to shipments to Bulgaria for recovery of the following wastes, basing those objections pursuant to paragraph 3 of article 4 of the regulation. Such transfers are subject to article 10 of the regulation.

AA. METAL-BEARING WASTES AA 090 arsenic waste and Residues-AA 100 mercury waste and Residues-AA 130 liquors from the pickling of metals AB. WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, which may contain metals and ORGANIC MATERIALS AC. OTHER WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, which may contain metals and inorganic materials AC 040 – leaded gasoline sludges-AC 050 thermal Fluid (heat transfer)-AC 060 hydraulic fluids – AC 070 AC 080 – brake fluids Antifreeze fluids-AC 110 Phenols, phenol compounds including chlorophenol in the form of liquids or sludges-AC 120 Naphthalene specifically – AC 150 AC 160 Halons chlorofluorocarbons – – AC 190 waste mechanical destruction of cars (light fraction: pile fabrics, plastic waste, etc.)-AC 200 organic phosphorous compounds-AC 230 waste halogenated or unhalogenated non-aqueous distillation halogenated from organic 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 epichlorhydrin) – AC 260 pig manure; AD droppings. WASTES WHICH MAY CONTAIN ORGANIC OR INORGANIC MATERIALS


– AD 010 wastes from the production and preparation of pharmaceutical products wastes containing, consisting of or contaminated with one of the following:  AD 040-Inorganic cyanides, excepting precious metal-bearing residues in solid form containing traces of inorganic cyanides AD 050-organic Cyanides  – AD 060 oil/water mixtures, emulsions or hydrocarbons/water-AD 070 wastes from production , preparation and use of inks, dyes, pigments, paints, lacquers or varnishes – AD 150 naturally occurring organic material used as a filter medium (such as biofilters)-AD 160 municipal/household wastes that period may be extended until 31 December 2012, at the latest, in accordance with article 18 of Directive 75/442/EEC of 15 July 1975 on waste 1, as amended by Directive 91/156/EEC 2.

c) by way of derogation from paragraph 4 of article 7 of Regulation (EEC) No 259/93, the competent authorities of Bulgaria may, until 31 December 2009, to raise objections to shipments to Bulgaria of waste for recovery listed in annex IV to the regulation and shipments of waste for recovery not listed in the annexes of this regulation, basing those objections pursuant to paragraph 3 of article 4 of the regulation.

d) by way of derogation from paragraph 4 of article 7 of Regulation (EEC) No 259/93, the competent authorities of Bulgaria should raise objections to shipments of waste for recovery listed in annexes II, III and IV to the regulation and shipments of waste for recovery not 1 OJ L 194 of 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284 of 31.10.2003, p. 1).
2 OJ L 78 of 26.3.1991, p. 32.

listed in those annexes for a facility benefiting from a temporary derogation in respect of certain provisions of Directive 96/61/EC of 24 September 1996 concerning 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 air from large combustion plants 2
during the period of application of the derogation to the facility of destination.

2.31994 L 0062: Council Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365 of 31.12.1994, p. 10), as 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 of 18.2.2004 , p. 26).

g) Notwithstanding subparagraph 3 (a)) of paragraph 1 of article 6 of Directive 94/62/EC, Bulgaria shall attain the overall rate for recovery or incineration at waste incineration plants with energy recovery until 31 December 2011 in accordance with the following intermediate targets: – 35% in weight up to 31 December 2006, 39% in 2007 , 42% in 2008, 46% for 2009 and 48% in 2010.

h) by way of derogation from point (b)) of paragraph 1 of article 6 of Directive 94/62/EC, Bulgaria shall attain the overall rate for recovery or incineration at waste incineration plants with energy recovery until 31 December 2014, in accordance with the following intermediate targets: – 50% by weight in 2011, 53% in 2012 and 56% in 2013.
1 OJ L 257 of 10.10.1996, p. 26. 2 OJ L 309 of 27.11.2001, p. 1. Directive as last amended by the Act of accession of 2003. (OJ L 236 of 23.9.2003, p. 33).

I) by way of derogation from point (c)) of paragraph 1 of article 6 of Directive 94/62/EC, Bulgaria shall attain the recycling target for plastics until 31 December 2009, in accordance with the following intermediate targets: – 8% by weight until 31 December 2006, 12% in 2007 and 14.5% in 2008.

j) by way of derogation from point (d)) of paragraph 1 of article 6 of Directive 94/62/EC, Bulgaria shall attain the overall recycling target until 31 December 2014, in accordance with the following intermediate targets: – 34% in weight up to 31 December 2006, 38% in 2007, 42% for 2008, 45% in 2009, 47% in 2010, 49% in 2011 , 52% in 2012 and 54.9% in 2013.

k) by way of derogation from point (e)) i) of paragraph 1 of article 6 of Directive 94/62/EC, Bulgaria shall attain the recycling target for glass up to 31 December 2013 in accordance with the following intermediate targets: – 26% in weight up to 31 December 2006, 33% in 2007, 40% for 2008, 46% in 2009, 51% in 2010 , 55% in 2011 and 59.6% in 2012.

l) by way of derogation from point (e)) iv) of paragraph 1 of article 6 of Directive 94/62/EC, Bulgaria shall attain the recycling target for plastics, counting exclusively material that is recycled in the form of plastics, until 31 December 2013, in accordance with the following intermediate targets: – 17% by weight in 2009, 19% in 2010 and 20 percent in 2011 and 22% in 2012.

3.31999 L 0031: Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182 of 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 of 31.10.2003, p. 1).

By way of derogation from article 6(1)(a)) and b) of paragraph 3 of article 5 and of the second indent of point 2 of annex I to Directive 1999/31/EC and without prejudice to subparagraph (c)) ii) of article 6 of Directive 75/442 and Directive/EEC of 15 July 1975, of the Council on waste 1, the requirements for liquid waste corrosive and oxidising, in preventing the infiltration of surface water in the waste deposited shall not apply to the following 14 existing facilities until 31 December 2014:1. "Polimeri" sludge pond, Varna, Devnya; 2. combined Basin of ash and sludge "Solvay Sodi", "Deven" and "Agropolichim", Varna, Devnya at the municipality of Varna; 3. * ashpond

"Varna", Varna, Beloslav; 4. "Sviloza" ashpond, Veliko Tarnovo, Svishtov; 5. ETCS in the basin "Zaharni zavodi" ash, Veliko Tarnovo, Gorna Oryahovitsa; 6. Bowl of ashes "Vidachim v likvidatsya", Vidin, Vidin; 7. Bowl of ashes "Toplofikatsia-Ruse" CTE "Ruse-East", Ruse, Ruse; 8. "Republika", "COF-Pernik" and "Kremikovtsi-Rudodobiv", Pernik, Pernik; 9. "Toplofikatsia Pernik ashpond" and "Solidus"-Pernik, Pernik, Pernik; 10. Bowl of ashes TPP "Bobov dol", Kyustendil, Bobov dol; 11. "Brikel" ashpond, Stara Zagora, Galabovo; 12. ashes Toplofikatsia Sliven, Sliven, Sliven; 13. TPP "Maritsa 3", Haskovo, Dimitrovgrad; 14. TPP "Maritsa 3", Haskovo, Dimitrovgrad.

The Bulgaria shall ensure a gradual reduction of waste deposited in these 14 existing non-compliant facilities in accordance with the following annual maximum quantities:  until 31 December 2006:3 020 000 tonnes;
1 OJ L 194 of 25.7.1975, p. 39. Directive as amended by Directive 91/156/EEC, and as last amended by Regulation (EC) No 1882/2003 (OJ L 284 of 31.10.2003, p. 1).
* CTE means "Central heating".

 until 31 December 2007:3 010 000 tonnes;  up to 31 December 2008:2 990 000 tonnes;  until 31 December 2009:1 978 000 tonnes;  up to 31 December 2010:1 940 000 tonnes;  until 31 December 2011:1 929 000 tonnes;  until 31 December 2012:1 919 000 tonnes;  until 31 December 2013:1 159 000 tonnes;  up to 31 December 2014:1 039 000 tons.

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 of 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 of 31.12.2003 , p. 106), by way of derogation from paragraph 5 of article 5 and paragraph 2 of article 7 of Directive 2002/96/EC, Bulgaria shall attain the minimum rate of separate collection of four kilograms on average per inhabitant per year of WEEE from private households, the rate of recovery and the rate of reuse and recycling of components, materials and substances until 31 December 2008.

C. WATER QUALITY 31991 L 0271: Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135 of 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 of 31.10.2003 , p. 1).

By way of derogation from articles 3 and 4 and of paragraph 2 of article 5 of Directive 91/271/EEC, the requirements for collecting systems and treatment of urban waste water shall not fully apply in Bulgaria until 31 December 2014, in accordance with the following intermediate target:  until 31 December 2010, shall be achieved compliance with the directive in agglomerations with a population equivalent of more than 10000.

D. INDUSTRIAL POLLUTION And Risk Management 1. 31996 L 0061: Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ L 257 of 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 of 31.10.2003, p. 1).

By way of derogation from paragraph 1 of article 5 of Directive 96/61/EC, the requirements for licensing of existing installations shall not apply in Bulgaria until the date indicated for each installation, at the premises listed below, with regard to the obligation to operate these installations in accordance with emission limit values, equivalent parameters or technical measures based on the best available techniques pursuant to paragraphs 3 and 4 of article 9: 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 31 December 2011: – CTE "Ruse-East" – Ruse (activity 1.1)-CTE "Varna" – Varna (activity 1.1)-CTE "Bobov dol" – Sofia (activity 1.1) "Lukoil Neftochim in CTE –"- Burgas (activity 1.1) "Lukoil Neftochim" – Burgas (activity 1.2) – "Kremikovtsi" – 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) – – "Straldja keramika" – Straldja (activity 3.5) "Balkankeramiks" – Novi – Iskar (activity 3.5) "Shamot" – Elin Pelin ( activity 3.5)-ceramic 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) "Agriya" – 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) before 30 October 2007 , must be issued licenses fully coordinates for these facilities, with individually binding timetables for the achievement of full compliance. These permits shall ensure, until October 30 2007, compliance with the General principles of the basic obligations of the operators set out 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 air from large combustion plants (OJ L 309 of 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 of 23.9.2003, p. 33).

the) by way of derogation from paragraph 3 of article 4(1) and part A of annexes III, IV and VII to Directive 2001/80/EC, the emission limit values for sulphur dioxide and dust shall not apply in Bulgaria to the following plants until the date indicated for each unit of the plant: – CTE "Varna": – Unit 1 until 31 December 2009 – Unit 2 until 31 December 2010 – Unit 3 until 31 December 2011 – Unit 4 until 31 December 2012 – Unit 5 until 31 December 2013 – Unit 6 until 31 December 2014 – CTE "Bobov dol": – Unit 2 until 31 December 2011 – Unit 3 until 31 December 2014 – CTE "Ruse-East": – units 3 and 4 until 31 December 2009 – units 1 and 2 until 31 December 2011 – CTE Lukoil Neftochim "Burgas" in :-2 Units, 7, 8, 9, 10 and 11 until 31 December 2011.

During this transitional period, sulphur dioxide emissions and dust from all combustion plants pursuant to Directive 2001/80/EC shall not exceed the following intermediate ceilings: – up to 2008:179 700 tonnes SO2/year; 8 900 tonnes dust/year – until 2012:103 000 tonnes SO2/year; 6000 tonnes dust/year b) by way of derogation from paragraph 3 of article 4 and of annex VI to Directive 2001/80/EC, the emission limit values for emissions of nitrogen oxides shall not apply in Bulgaria until 31 December 2011 to 2 units, 7, 8, 9, 10 and 11 of the installation "Lukoil Neftochim" CTE in Burgas.

During this transitional period, nitrogen oxide emissions from all combustion plants pursuant to Directive 2001/80/EC shall not exceed the following intermediate ceilings: – up to 2008:42 900 tonnes/year – until 2012:33 300 tonnes/year c) Bulgaria shall submit to the Commission not later than 1 January 2011, a plan updated , including an investment plan, for the gradual alignment of remaining non-compliant plants with clearly defined stages for the application of the acquis. These plans shall ensure a further reduction of the emissions to a level significantly below the intermediate targets specified in paragraphs (a) and b) above), in particular with regard to emissions relating to the period from 2012 to 2014. If the Commission, having regard in particular to the environmental effects and to the need to reduce distortions of competition in the internal market resulting from the transitional measures, considers that the abovementioned plans are not sufficient to meet these objectives, it shall inform the Bulgaria. Within three months, Bulgaria shall communicate the measures it has taken to meet these objectives. If, subsequently, in consultation with Member States, the Commission considers that these measures are not sufficient to achieve those objectives, shall initiate an infringement procedure under article 226 of the EC Treaty.

Appendix to annex VI chapter I list of milk processing establishments as referred to in annex VI, Chapter 4, section B, paragraph 1 (a)) no no Vet. Name and address of the establishment of the facilities concerned Headquarters region of Blagoevgrad – N° 1 1 BG 0112004 "by kil" EOOD gr. Pernik ul. "Lenin" 111 s. Eleshnitsa Burgas region – no 2 2 BG 0212013 ET "Marsi-Mincho Bakalov" gr. Burgas j.k. "Vazrajdane" BL. 1 Burgas j.k. "Pobeda" ul. "Baykal" BG 0212027 "Mlechen DZZD 9 3 svyat" Gr. Burgas j.k. "Izgrev" ul. "Malchika" 3 s. Debelt ul. "Indje voyvoda" 5 OBL. Burgaska 4 BG 0212028 "Vester" OOD gr. Burgas ul. "Fotinov" 36 s. 5 BG 0212047 "Complektstroy Sigmen" EOOD gr. Burgas ul. "Aleksandar Stamboliiski" 17 s. Veselie Vidin region – no 5 6 BG 0512025 thereof "El Bi Bulgarikum" EAD Gr. Vidin Gr. Vidin Vratsa region Yujna promishlena zona – paragraph 6 7 BG 0612010 "Hadjiiski i familiya" EOOD s. Gradeshnitsa s. 8 BG 0612027 "Mlechen Gradeshnitsa ray 99" EOOD gr. Vratsa j.k. "Dabnika" BL. 48 AP. 3 j.k. Bistrets Stopanski Vratsa Gr. dvor 9 BG 0612035 ET "Nivego" s. Chiren s. Chiren Gabrovo region – N° 7 10 BG 0712001 "Ben Invest" OOD s. Kostenkovtsi obsht. Gabrovo s. Kostenkovtsi obsht. 11 BG 0712002 Gabrovo "Shipka 97" AD gr. Gabrovo ul. "V. Levski" 2 gr. Gabrovo ul. "V. Levski" 2 12 BG 0712003 "Elvi" OOD s. Velkovtsi obsht. Gabrovo s. Velkovtsi obsht. 13 BG 0712008 "Gabrovo Milkieks" OOD gr. Sevlievo j.k. "Atanas Moskov" d-r Gr. Sevlievo j.k. "Atanas Moskov" Dobrich region – no 8 14 BG 0812002 "AVITA" OOD gr. Sofia ul. "20-ti April" 6 s. Tsarichino 15 BG 0812008 "Roles 2000" OOD gr. Varna ul. "Tsar Ivan Shishman" 13 s. 16 BG 0812019 "Filipopolis Kardam" OOD gr. Plovdiv ul. "Hristo Danov" 2 s. Jeglartsi 17 BG 0812029 "AKURAT – MLECHNA PROMISHLENOST" OOD gr. Sofia ul. "Baba Vida 2" Gr. Dobrich Riltsi "18" JK BG 0812030 "FAMA" AD gr. Varna ul. "Evlogi Georgiev" 23 Gr. Dobrich BUL. "Dobrudja" 2 Region of Kardjali-n.° 9 19 BG 0912004 ET "Rado" s. Byal izvor s. Byal izvor obsht. Ardino Kyustendil region – no 10 20 BG 1012012 "Galkom" OOD gr. Dupnitsa Gr. Dupnitsa ul. Venelin 57 21 BG 1012008 "" ET "Nikolay Kolev" s. Konyavo s. Konyavo Lovech region – no 11 22 BG 1112001 "Prima Lakta" Ltd. gr. Lovech ul. "Troyansko shose" 1 GR. Lovech ul. "Troyansko shose" BG 1112004 "Mlekoprodukt 23" OOD gr. Lovech s. Goran 24 BG 1112008 "Plod" AD gr. Apriltsi Gr. Apriltsi 25 BG 1112012 "Stilos" OOD gr. Dupnitsa ul. "Batenberg" 64 s. Lesidren region of Pazardjik – paragraph 13 26 BG 1312011 "Eko-F" EAD Gr. Sofia ul. "Stara planina" 34 s. Karabunar 27 1312015 "Mevgal Bulgaria BG" EOOD gr. Velingrad Velingrad j.k. "Industrialen Gr. 28 BG 1312022 ET" Palmite-Vesela Popova "" Gr. Plovdiv ul. "Koprivkite" 23 Gr. Strelcha ul. "Osvobojdenie" Pleven region 17-paragraph 15 29 BG 1512003 "Mandra 1" EOOD gr. Obnova s. Tranchovitsa 30 BG 1512006 "Mandra" OOD s. Obnova s. Obnova 31 BG 1512008 ET "Viola" s. Koynare Gr. Koynare ul. "Hristo Botev" 16 32 BG 1512010 ET "Militsa Lazarova-90" Gr. Slavyanovo Gr. Slavyanovo ul. "Asen Zlatarev" 2 Region of Plovdiv – paragraph 16 33 BG 1612009 ET "d. Madjarov" Gr. Plovdiv Gr. Stamboliiski-mandra 34 BG 1612013 ET "Polidey-HEY" Gr. Karlovo s. Domlyan 35 BG 1612017 "Snep" OOD gr. Rakovski Gr. ul Rakovski. "F. Stanislavov" BG 1612020 ET "57 36 Bor-Chvor" s. Dalbok izvor s. Dalbok izvor


37 BG 1612023 "Vanela" OOD gr. Plovdiv BUL. "Bulgaria" 170 s. 38 Tsarimir BG 1612024 "Kostovi SD-EMK" Gr. Saedinenie Gr. Saedinenie 39 BG 1612039 "Topolovo-Agrokomers" OOD gr. Sofia s. Stopanski dvor Topolovo z.k. Dianabad, BL. 40 20 BG 1612040 "Mlechni produkti" OOD gr. Plovdiv s. Manole Razgrad region – no 17 41 BG 1712002 ET "Rosver" gr. ul Tsar Kaloyan. "Ivan Vazov" 4 Gr. ul Tsar Kaloyan. "Sofia" 1712010 "Bulagrotreyd" 41 42 BG OOD gr. Ruse ul. "Elin Pelin" 15A s. Juper 43 BG 1712020 ET "Prelest-Sevim Ahmed" n. Podayva ul. "Struma" s. Stopanski dvor Laevinus again 12 44 BG 1712042 ET "Madar" n. Madrevo ul. "Han Kubrat" 65 s. Stopanski dvor Terter Region of Ruse – No 18 45 BG 1812002 "Laktis-Byala" AD gr. Byala Gr. Byala ul. "Stefan Stambolov" 75 46 BG 1812005 ET "DAV" Gr. Ruse ul. "6-ti Septemvri" 43 Gr. 47 1812022 ZKPU BG Vetovo "Tetovo" s. Tetovo s. Tetovo ul. "Tsar Osvoboditel" 5 48 BG 1812011 ET "Georgi Bojinov-Gogo" s. Nikolovo s. Nikolovo Silistra region – no 1949 BG 1912004 ET "Merone-Hristo Kunev" gr. Silistra BUL. "Makedonia" 150 Gr. Alfatar 50 BG 1912013 "JOSI" OOD gr. Sofia ul. "Hadji Dimitar" 142 vh. S. Chernolik 51 BG 1912024 "Buldeks" OOD gr. Silistra ul. "D. Donchev" 6 s. Belitsa Sliven Region – No 2052 BG 2012007 "Delta lakt" OOD gr. Stara Zagora ul. "Tsar Kaloyan" 20 s. Stoil Voyvoda 53 BG 2012020 "Yotovi" OOD gr. Sliven j.k. Rechitsa ul. "Kosharite" 12 Gr. Sliven j.k. Rechitsa 54 BG 2012022 "Bratya Zafirovi" OOD gr. Sliven ul. "Treti mart" 7 Gr. Sliven Industrialna zona Zapad 55 BG 2012030 "Agroprodukt" OOD gr. Sliven ul. "24" s. Oreshak 56 Dragodanovo BG 2012036 "Minchevi" OOD s. Korten OBL. Sliven s. Korten OBL. Sliven Smolyan region-no 21 57 BG 2112001 "Belev" EOOD gr. Smolyan Gr. Smolyan ul. "Trakiya" 15 58 BG 2112021 "Rossi" EOOD gr. gr. Dospat Dospat 59 BG 2112018 ET "Rosen Atanasov-Komers" s. s. Kutela Kutela 60 BG 2112023 ET "Iliyan Isakov s. Trigrad" s. Trigrad obsht. Devin region of the city of Sofia – No 22 61 BG 2212001 thereof "Danon – Serdika" AD gr. Sofia ul. "Lychnitis" 3 ul. "Lychnitis BG 2212002" Formalat 3 62 "" EOOD s. G. Lozenetz offers ul. "Saedinenie" 132 n. g. Lozenetz offers ul. Saedinenie "132 63 BG 2212009" Serdika-94 "OOD j.k. Jeleznitsa j.k. Jeleznitsa" 64 BG 2212022 "Megle-MJ" OOD ul. "Probuda" 14 ul. "Probuda" 12-14 65 BG 2212023 "EL BI BULGARIKUM" EAD Gr. Sofia ul. "Saborna" 9 ul. "Malashevska" 12A District of Sofia region – paragraph 23 66 BG 2312013 ET "Dobrev" s. Dragushinovo s. Dragushinovo 67 BG 2312016 AD "Bovis" s. s. Trudovets Trudovets 68 BG 2312026 "Dyado Liben" OOD gr. Sofia ul. "Hubcha 2" Gr. Koprivshtitsa BUL. "Nencho Palaveev" h. 137 69 BG 2312033 "Balkan Spetsial" OOD gr. Sofia s. Gorna Malina 70 BG 2312002 ET "Danim" Gr. Elin Pelin Gr. Elin Pelin BUL. Vitosha "18A" Region of Stara Zagora – No 24 71 BG 2412019 "Dekada" OOD gr. Stara Zagora BUL. "Ruski" 41 et. 3.9 s. 72 BG 2412023 Agricultural Institute Elhovo Gr. Stara Zagora Gr. Stara Zagora 73 BG 2412033 "Gospodinovi" OOD gr. Stara Zagora pl. "Beroe" 1 AP. 21 s. Julievo

Targovishte region – no 25 74 BG 2512004 thereof "PIP Trade" OOD gr. Sofia ul. "Baba Vida" 2 s. Davidovo 75 BG 2512006 "Hadad" OOD s. Makariopolsko s. Makariopolsko BG 2512016 "76 Milktreyd-BG" OOD gr. Sofia obsht. "Studentska" 58-A-115 s. Saedinenie OBL. Targovishte 77 BG 2512017 "YU and S-Komers" OOD gr. s. Golyamo Gradishte Opaka ul. "Rakovski" Yambol region 2 – No 28 78 BG 2812002 "Arachievi" OOD gr. Elhovo ul. "Bakalov" 19 79 BG 2812003 Kirilovo s. "NPR.jogurt" Balgarski OOD s. Ravda s. Born Kompleks "Ekaterina" 80 BG 2812025 "Sakarela" OOD gr. Yambol ul. "HR. Botev" 24-B-15 gr. Yambol ul. "Preslav" 269 CHAPTER II list of processing establishments of two types of milk – milk as milk as referred to in annex VI, Chapter 4, section B, paragraph 1 (a)) and c) no no Vet. Name and address of the establishment of Headquarters premises in question the region of Veliko Tarnovo-n.° 4 1 BG 0412002 "Sofbiolayf-BG" OOD gr. Svishtov Gr. Svishtov ul. "33-ti svishtovski polk." 67 2 BG 0412009 "Milki-luks" OOD gr. Plovdiv s. Byala Cherkva 3 BG 0412010 "Bi Si Si Handel" OOD gr. Elena Gr. Elena ul. "Treti mart" 19 Vratsa region – paragraph 6 4 BG 0612012 ET "Zorov-97" Gr. Vratsa j.k. Kulata ul. "Palkovitsa" 7 Vrachanski balkan, mestnost "Parshevitsa" Dobrich region – no 8 5 BG 0812009 "Serdika-90" AD gr. Dobrich Gr. Dobrich ul. "25 septemvri" 100 Lovech Region – No 11 6 BG 1112006 "Kondov Ekoproduktsiya" OOD gr. Sofia s. Staro selo Region of Plovdiv – paragraph 16 7 BG 1612001 "KA LA LAY" Gr. Sofia Gr. Plovdiv BUL. "Dunav" 3 8 BG 1612002 "Shipka 99" OOD gr. Parvomay Gr. 9 Parvomay BG 1612037 "Filipopolis-RK" OOD gr. Plovdiv Gr. Plovdiv JK "Proslav" ul. "Prosveta" 2A 10 BG 1612041 "Elit-95" EOOD s. Dalbok izvor s. Dalbok izvor Region of Ruse – paragraph 18 11 BG 1812003 "Sirma Prista" AD gr. Ruse Gr. Ruse BUL. "3-ti mart" 1 Sliven region – no BG 2012006 "Mlechen pat 2012" AD gr. Sofia ul. "Vasil Levski" 109 Gr. Nova Zagora j.k. Industrialen 13 BG 2012009 "Vangard" OOD gr. Sliven ul. "Al. Stamboliiski" 1 s. Jelyo voyvoda OBL. Sliven 14 BG 2012019 Hemus milk komers "OOD" Gr. Sliven ul. "Neofit Rilski" 3a Gr. Sliven Industrialna zona Zapad BG 2012042 "Tirbul 10:15 JK" EAD Gr. Sliven "Tirbul" EAD Gr. Sliven Stara Zagora region – no 24 16 BG 2412005 "Markeli" AD gr. Stara Zagora ul. "Sv. Kn. Boris" 67 et. 3.6 Gr. Kazanlak j.k. Industrialen region of Targovishte-25 17 BG 2512001 paragraph "Mladost-2002" OOD gr. Targovishte Gr. Targovishte BUL. "29-ti yanuari" 7 18 BG 2512020 "Mizia-Milk" OOD gr. Targovishte ul. "Rodopi" 5 gr. Targovishte Industrialna zona region of Haskovo-26 19 BG 2612047 paragraph "Balgarsko sirene" OOD gr. Harmanli ul. "Gotse Delchev" 1 GR. Haskovo BUL. "Saedinenie" 94 Yambol region – no 28 20 BG 2812022 "Tanya" OOD gr i Delivered. Yambol Gr. Yambol ul. "Graf Ignatiev" 189 ANNEX VII list referred to in article 23 of the Act of accession: transitional measures-Romania 1. FREEDOM OF MOVEMENT for PERSONS Treaty establishing the European Community 31968 R 1612: Council Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ L 257 of 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 of 30.4.2004, p. 77) 31996 L 0071: Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18 of 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 free movement and residence of Union citizens and their family members in the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing directives 64/221/EEC, 68/360/EEC, 72/194/EEC , 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158 of 30.4.2004, p. 77).

1. Article 39 and the first paragraph of article 49 of the EC Treaty are fully applicable to freedom of movement for workers and freedom to provide services involving temporary movement of workers as defined in article 1 of Directive 96/71/EC between Romania on the one hand, and each of the present Member States, on the other hand , subject to the transitional provisions laid down in paragraphs 2 to 14.

2. By way of derogation from articles 1 to 6 of Regulation (EEC) No 1612/68 and until the end of the period of two years from the date of accession, the present Member States shall apply national measures or measures resulting from bilateral agreements, regulating access of Romanian nationals to their labour markets. The present Member States may continue to apply these measures until the end of the period of five years from the date of accession.

Romanian nationals who, at the date of accession, to work legally in a Member State and have been admitted to the labour market of that Member State for a continuous period of not less than 12 months must enjoy the right of access to the labour market of that Member State but not in another Member State applying national measures.

Romanian nationals, after accession, are admitted to the labour market of a present Member State for a continuous period of not less than 12 months, must enjoy the same rights.

Romanian nationals mentioned in the second and third subparagraphs above shall cease to enjoy the rights referred to in those paragraphs if you voluntarily leave the labour market of the Member State in question.

Romanian nationals legally working in a present Member State at the date of accession, or during a period of national measures, and have been admitted to the labour market of that Member State for a period of less than 12 months do not enjoy these rights.

3. Before the expiry of the period of two years from the date of accession, the Council shall review the functioning of the transitional measures provided for in paragraph 2, on the basis of a Commission report.

Complete this review, and no later than the expiry of the period of two years from the date of accession, the present Member States shall notify the Commission whether they will continue applying national measures or measures resulting from bilateral agreements, or if, thereafter, they will apply articles 1 to 6 of Regulation (EEC) No 1612/68. In the absence of such notification, articles 1 to 6 of Regulation (EEC) No 1612/68.

4. at the request of Romania, can be carried out a new revision. The procedure laid down in paragraph 3, which should be completed within six months of receipt of the application.

5. A Member State to maintain national measures or measures resulting from bilateral agreements at the end of the five year period indicated in paragraph 2 may, in case of disturbances or threat of serious disturbances of the labour market or your threats of these disturbances, and after notifying the Commission, continue to apply these measures until the end of the period of seven years from the date of accession. In the absence of such notification, articles 1 to 6 of Regulation (EEC) No 1612/68.

6. During the period of seven years from the date of accession, those Member States in which, by virtue of paragraph 3, 4 or 5, Romanian nationals apply articles 1 to 6 of Regulation (EEC) No 1612/68, and they grant work permits to the Romanian national monitoring purposes during this period, will do so automatically.

7. Member States in which, by virtue of paragraphs 3, 4 or 5, Romanian nationals apply articles 1 to 6 of Regulation (EEC) No 1612/68, may resort to the procedures set out in the following paragraphs to the end of the period of seven years from the date of accession.

When a Member State referred to in the first subparagraph shall suffer or providing for your labour market disturbances that may threaten the standard of living or level of employment in a given region or occupation, shall inform the Commission and the other Member States, supplying them with all relevant information. Based on this information, the Member State may request the Commission to declare the total or partial suspension of the application of articles 1 to 6 of Regulation (EEC) No 1612/68, in order that the situation return to normal in that region or occupation. The Commission shall decide on the suspension and the duration and scope thereof, no later than two weeks from the receipt of such a request and shall notify the Council of this decision. Any Member State may, within two weeks after the decision of the Commission, request the Council to annul or amend the decision. The Council shall act on such a request, by a qualified majority, within two weeks.

Any of the Member States referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of articles 1 to 6 of Regulation (EEC) No 1612/68, and shall submit a notification to the Commission subsequently justified ex-post.

8. While the application of articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by virtue of paragraphs 2 to 5 and 7 above, article 23 of Directive 2004/38/EC is applicable in Romania in relation to nationals of the present Member States and in the present Member States with regard to Romanian nationals under the following conditions, as regards the right of family members of workers to undertake an activity :-the spouse of a worker and their descendants who are under 21 years of age or your position, which to him are legally resident in the territory of a Member State at the date of accession, have, from that date, immediate access to the labour market of that Member State. This provision does not apply to family members of a worker who has been legally admitted to the labour market of that Member State for a period of less than 12 months;

– the spouse of a worker and their descendants who are under 21 years of age or your position, which to him are legally resident in the territory of a Member State

-Member since a later date of accession, but during the period of application of the transitional provisions laid down above, have access to the labour market of the Member State concerned as soon as we have eighteen months of residence in that Member State, or from the third year following the date of accession, whichever the earlier.

These provisions are without prejudice to more favourable measures whether national or resulting from bilateral agreements.

9. In so far as certain provisions of Directive 2004/38/EC, which shall supersede the provisions of Directive 68/360/EEC 1, cannot be dissociated from those of Regulation (EEC) No 1612/68 whose application is deferred pursuant to paragraphs 2 to 5 and 7 and 8, Romania and the present Member States may provide for derogations from these provisions to the extent necessary for the application of paragraphs 2 to 5 and 7 and 8.

10. where, by virtue of the transitional provisions laid down above, the present Member States applying national measures or measures resulting from bilateral agreements, Romania may maintain in force equivalent measures with regard to nationals of the Member State or States concerned.

11. If the application of articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by any of the present Member States, Romania may resort to the procedure set out in paragraph 7:00 pm relation to Bulgaria. During this period, Romania shall automatically issue work permits for monitoring purposes to nationals of Bulgaria.

12. Any present Member State applying national measures in accordance with paragraphs 2 to 5 and 7 to 9 may introduce, under national law, freedom of movement of workers higher than the existing at the date of accession, including full labour market access. From the third year from the date of accession, any present Member State applying national measures may at any time decide to apply articles 1 to 6 of Regulation (EEC) No 1612/68 instead. The Commission shall be informed of this decision.

13. In order to deal with disturbances or the threat of serious disturbances in certain sensitive services sectors of their labour markets, which could arise in certain regions, as a result of the transnational provision of services defined in article 1 of Directive 96/71/EC, and as apply, by virtue of the provisions 1 Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence of workers of Member States and their families in the Community (OJ L 257 of 19.10.1968, p. 13). Directive as last amended by the 2003 Act of accession (OJ L 236 of 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 258 of 30.4.2004, p. 77).

above provided for transitional, national measures or measures resulting from bilateral agreements on the free movement of Romanian workers, Germany and Austria may, after notifying the Commission, derogate from the first paragraph of article 49 of the EC Treaty in order to, in the context of the provision of services by companies established in Romania, limit the temporary movement of workers whose right to exercise an activity in Germany and in Austria is subject to national measures.

The list of service sectors which may be covered by this derogation is as follows:-in Germany: Sector NACE * Code, unless otherwise specified construction, including related activities 45.1 to 4; Activities listed in the annex to Directive 96/71/EC industrial cleaning 74.70 activities Activities industrial cleaning other services 74.87 Exclusively interior design – activities in Austria: NACE Code Sector *, unless otherwise stated-related service activities 01.41 horticulture sawdust, cutting and finishing of stone 26.7 manufacture of metal construction structures 28.11 construction, including related activities 45.1 to 4; Activities listed in the annex to Directive 96/71/EC Security Activities 74.60 industrial cleaning 74.70 activities home care nursing 85.14 social work and activities without accommodation 85.32 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ * NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293 of 24.10.1990 , p. 1). Regulation as last amended by 32003 R 0029: Commission Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284 of 31.10.2003, p. 1).

To the extent that Germany or Austria providing for derogations from the first paragraph of article 49 of the EC Treaty, in accordance with the preceding subparagraphs, Romania may, after notifying the Commission, take equivalent measures.

The application of this paragraph may not result in conditions for the temporary movement of workers in the context of the transnational provision of services between Germany or Austria and Romania more restrictive than those in force on the date of signature of the accession treaty.

14. The application of paragraphs 2 to 5 and 7 to 12 can not result in conditions for access of Romanian nationals to the labour markets of the present Member States more restrictive than those in force on the date of signature of the accession treaty.

Without prejudice to the application of paragraphs 1 to 13, the present Member States must, during the period when applying national measures or measures resulting from bilateral agreements, give preference to workers who are nationals of the Member States over workers who are nationals of third countries as regards access to your market.

Romanian migrant workers and their families legally resident and working in another Member State or migrant workers from other Member States and their families legally resident and working in Romania shall not be treated in a more restrictive way than those of third countries resident and working in that Member State or Romania respectively. Furthermore, in application of the principle of Community preference, migrant workers from third countries resident and working in Romania shall not be treated more favourably than nationals of Romania.

2. FREEDOM to PROVIDE SERVICES 31997 L 0009: Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes (OJ L 84 of 26.3.1997, p. 22).


By way of derogation from paragraph 1 of article 4 of Directive 97/9/EC, the minimum level of compensation shall not apply in Romania until 31 December 2011. Romania shall ensure that your investor-compensation scheme shall cover not less than EUR 4 500 between 1 January 2007 and 31 December 2007, of not less than EUR 7 000 between 1 January 2008 and 31 December 2008, of not less than EUR 9 000 between 1 January 2009 and 31 December 2009 not less than EUR 11 000 between 1 January 2010 and 31 December 2010 and of not less than EUR 15 000 between 1 January 2011 and 31 December 2011.

During this transitional period the other Member States have the right to prevent a branch of a Romanian investment firm established on their territories exercise your activity, unless-and even – that this branch adhere to a system of officially recognised investor-compensation scheme within the territory of that Member State to cover the difference between the level of compensation to Romanian and the minimum level referred to in paragraph 1 of article 4 of Directive 97/9/EC.

3. FREE MOVEMENT of CAPITAL Treaty on European Union, the Treaty establishing the European Community.

1. Notwithstanding the obligations arising out of the treaties on which the European Union is founded, Romania may maintain in force for five years from the date of accession the restrictions currently in force in your legislation at the date of signature of the Treaty of accession, on the acquisition of property rights in land for secondary residences by nationals of the Member States or of States parties to the agreement on the European economic area (EEA Agreement) not resident in Romania and for companies incorporated under the legislation of another Member State or of a State party to the agreement on the EEA that are not established nor having a branch or agency that represents the territory of Romania.

Nationals of Member States and of States parties to the agreement on the EEA legally resident in Romania shall not be subject to the provisions of the preceding subparagraph or to any rules and procedures other than those that apply to Romanians.

2. Notwithstanding the obligations arising out of the treaties on which the European Union is founded, Romania may maintain in force for seven years from the date of accession the restrictions currently in force in your legislation at the date of signature of the Treaty of accession, on the acquisition of agricultural land, forests and forestry land by nationals of the Member States, by nationals of the States parties to the agreement on the EEA and by companies formed in accordance with the legislation of another Member State or of a State party to the agreement on the EEA that are not established nor registered in Romania. With regard to the acquisition of agricultural land, forests and forestry land, nationals of the Member States cannot, under any circumstances, receive less favourable treatment than at the date of signature of the accession treaty or be treated in a more restrictive way than a national of a third country.

Farmers on their own nationals of another Member State who wish to establish themselves and reside in Romania are not subject to the provisions of the preceding paragraph or to any procedures other than those that apply to Romanians.

There shall be a general review of these transitional measures in the third year from the date of accession. To this end, the Commission shall submit a report to the Council. The Council, acting unanimously on a proposal from the Commission, may decide to shorten or terminate the transitional period indicated in the first subparagraph.

4. Competition POLICY. TAX AID 1. Treaty establishing the European Community, title VI, Chapter 1-rules on competition a) Notwithstanding Articles 87 and 88 of the EC Treaty, Romania may continue to grant to undertakings with which it has been granted a permanent investor certificate in a deprived area before 1 July 2003, an exemption from corporation tax on the basis of the Government emergency order No. 24/1998 on deprived areas , as amended: – 3 deprived areas (Brad, Valea Jiului, Bălan) up to 31 December 2008 inclusive;

-the 22-favoured areas (Comăneşti, Bucovina, Altân Tepe, Filipeşti, Ceptura, Albeni, Schela, Gorj, Motru Rovinari, Rusca Montană, Bocşa, Moldova Nouă-Anina, Baraolt, Apuseni Mountains, Ştei-Nucet, Borod Şuncuiuş-Dobreşti, Bihor-Vadu Crişului, Popeşti-Derna-Ale şd, Ip, Hida-Surduc-Jibou-B ălan, Şărmăşag-Chiejd-Bobota, Baia Mare, Borşa Vişeu, Rodna) up to 31 December 2009 inclusive;

-the 3 deprived areas (Cugir, Zimnicea, Copşa Mică) up to and including 31 December 2010 under the following conditions: – the State aid is granted for regional investments: – the net intensity of such regional aid shall not exceed the rate of 50% net grant equivalent. The maximum limit indicated can be increased by 15 percentage points for small and medium-sized enterprises, provided that the total net aid intensity does not exceed 75%;

– If the company exercising your activity in the motor vehicle sector 1, the total aid shall not exceed 30% of the eligible investment costs;

-the start date of the period for calculation of aid to make the ceilings referred to above is 2 January 2003; are excluded from the calculation all aid basis of profits that precede this date;

– for the purpose of calculating the total aid, taking into account all aid granted to the beneficiary in connection with the eligible costs, including aid granted under other schemes, whether from local, regional, national or community;

-the eligible costs are defined on the basis of the guidelines on national regional aid 2;

— the eligible costs that may be taken into account are the costs incurred between 2 October 1998 (i.e. the date of entry into force of the system under the Government emergency order No. 24/1998 on deprived areas) and 15 September 2004.

b) Romania shall provide the Commission with: 1 within the meaning of Annex C of Commission communication entitled "multisectoral Community framework on regional aid for large investment projects ' (OJ C 70 of 19.3.2002, p. 8). Communication with the amended and published in OJ C 263 of 1.11.2003, p. 3.
2 OJ L 74 of 10.3.1998, p. 9. Guidelines as amended and published in OJ C 258 of 9.9.2000, p. 5.


-two months after the date of accession, information on the fulfilment of the conditions laid down above;

-by the end of December 2010, information on the eligible investment costs effectively incurred by the beneficiaries under government emergency order No. 24/1998 concerning less favoured areas and its amendments, as well as on the total aid amounts received by the beneficiaries; and – half-yearly reports on monitoring of aid granted to beneficiaries in the automotive sector.

2. Treaty establishing the European Community, title VI, Chapter 1-rules on competition a) Notwithstanding Articles 87 and 88 of the EC Treaty, Romania may continue to be granted to undertakings which have signed commercial contracts with administrations of free zones before 1 July 2002, an exemption from royalties based on law No 84/1992 on free zones , as amended, until 31 December 2011 under the following conditions-State aid is granted for regional investments: – the net intensity of such regional aid shall not exceed the rate of 50% net grant equivalent. The maximum limit indicated can be increased by 15 percentage points for small and medium-sized enterprises, provided that the total net aid intensity does not exceed 75%;

– If the company exercising your activity in the motor vehicle sector 1, the total aid shall not exceed 30% of the eligible investment costs;
1 within the meaning of Annex C of Commission communication entitled "multisectoral Community framework on regional aid for large investment projects ' (OJ C 70 of 19.3.2002, p. 8). Communication with the version-the start date of the period for calculation of aid to make the ceilings applicable is 2 January 2003; are excluded from the calculation all aid basis of profits that precede this date;

– for the purpose of calculating the total aid, taking into account all aid granted to the beneficiary in connection with the eligible costs, including aid granted under other schemes, whether from local, regional, national or community;

-the eligible costs are defined on the basis of the guidelines on national regional aid 1;

— the eligible costs that may be taken into account are the costs incurred between 30 July 1992 (i.e. the date of entry into force of the system under law No 84/1992 on free zones) and 1 November 2004.

b) Romania shall provide the Commission: – two months after the date of accession, information on the fulfilment of the conditions laid down above;

-by the end of December 2011, information on the eligible investment costs effectively incurred by the beneficiaries under law No 84/1992 on free zones and its amendments, as well as on the total aid amounts received by the beneficiaries; and given and published in OJ C 263 of 1.11.2003, p. 3. 1 OJ L 74 of 10.3.1998, p. 9. Guidelines as amended and published in OJ C 258 of 9.9.2000, p. 5.

-half-yearly reports on monitoring of aid granted to beneficiaries of the motor vehicle industry.

B. STEEL RESTRUCTURING Treaty establishing the European Community, title VI, Chapter 1-rules on competition 1. Notwithstanding Articles 87 and 88 of the EC Treaty, State aid granted by Romania for restructuring purposes to certain areas of your steel industry between 1993 and 2004 are considered compatible with the common market provided that: – the period provided for in paragraph 4 of article 9 of Protocol 2 on ECSC products to the Europe Agreement establishing an association between the European communities and their Member States on the one hand, and Romania, of the other part 1, has been extended until 31 December 2005, – the terms set out in the national restructuring plan and individual business plans whose base was extended the Protocol referred to above are respected during the period from 2002 to 2008,-comply with the conditions laid down in these provisions and in Appendix A ,-are not granted or paid any State aid in any form, to steel companies covered by the national restructuring programme from 1 January 2005 until 31 December 2008, the date of the end of the restructuring period, and 1 OJ L 357 of 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).

-is not granted or paid to the Romanian steel industry any State aid for restructuring after 31 December 2004. For the purposes of these provisions and in Appendix A, for restructuring State aid means any measure concerning steel industries which constitute State aid within the meaning of paragraph 1 of article 87 of the EC Treaty and that cannot be considered compatible with the common market in accordance with the rules applicable in the community in General.

2. Only the companies listed in Appendix A, part I, (hereinafter referred to as "recipient companies") are eligible for State aid under the steel restructuring programme.

3. The restructuring of the Romanian steel sector, as exposed in the individual business plans of the beneficiary undertakings and in the national restructuring plan, and in accordance with the conditions laid down in these provisions and in Appendix A, shall be completed no later than December 31 2008 (hereinafter referred to as "end of the restructuring period").

4. A recipient undertaking cannot: a) in the case of a merger with a company not listed in Appendix A, part I, pass on the benefit of the aid which was granted;

b) Resume the assets of any company not listed in Appendix A, part I, and pass on the benefit of the aid granted in the period up to 31 December 2008.

5. Any subsequent changes in the ownership of any of the benefiting companies shall respect the conditions and principles regarding viability, State aid and the reduction of capacity, as defined in these provisions and in Appendix a.


6. Companies not included as "beneficiaries" in Appendix A, part I, should not benefit from State aid for restructuring or any other aid considered not compatible with the Community rules on State aid nor a capacity reduction is required in this context. Any reductions in capacity in these companies will not be counted towards the minimum reduction.

7. the total amount of gross restructuring aid to be approved for the benefiting companies is determined by the justifications for each and every aid measure provided in the final national restructuring programme and individual business plans approved by the Romanian authorities and subject to final assessment as regards compliance with the criteria set out in paragraph 4 of article 9 of Protocol 2 to the Europe agreement as well as the adoption by the Council. In any case, the total amount of gross restructuring aid granted and paid in the period 1993-2004 shall not exceed ROL 49 985 mil milhões. Within this overall ceiling, apply the following sub-ceilings or maximum amounts of State aid granted and paid to each benefiting company in the period 1993-2004: Ispat Sidex Galaţi Siderurgica Hunedoara ROL 30 598 mil milhões ROL 9 975 mil milhões CS Reşiţa IS Câmpia Turzii ROL 4 707 mil milhões ROL 2 234 mil milhões COS Târgovişte Donasid (Siderca) ROL 2 399 mil milhões Călăraşi ROL 72 billion state aid must be used to allow the viability of the beneficiary undertakings under normal market conditions at the end of the restructuring period. The amount and intensity of such aid must be limited to what is strictly necessary to restore such viability. The viability shall be determined having regard to the criteria described in Appendix A, part III.

Romania shall not grant any other State aid to the steel industry for your restructuring.

8. The total net capacity reductions to be achieved by the recipient undertakings during the period of 1993-2008 shall be 2,050,000 tons, at least.

These capacity reductions are evaluated on the basis of permanent closure of installations for the production of hot-rolled concerned, by means of a physical destruction of such proportions that prevents your subsequent reactivation. An eventual declaration of bankruptcy of a recipient undertaking cannot be considered as a capacity reduction 1.

The minimum net capacity reduction of 2,050,000 tonnes and the dates for the cessation of production and permanent closure of the facilities covered shall be carried out in accordance with the timetable set out in Appendix A, part II.

9. The individual business plans shall include the written approval of the beneficiary undertakings. These plans must be implemented and include, in particular: the Ispat Sidex Galaţi): i) the implementation of the investment programme for the modernisation of facilities, the increase of yields, reduction of costs (especially energy consumption) and the improvement of quality ii) the move towards market segments of steel flat products of greater added value iii) the improvement of operational efficiency and organisational management iv) the completion of the financial restructuring of the company v) the implementation of the investments necessary for the observance of the legislation on environment b) for Siderurgica Hunedoara: i) the modernisation of the facilities in order to achieve the envisaged sales plan ii) the improvement of operational efficiency and organisational management 1 The capacity reductions should be permanent in accordance with Commission decision No 3010/91/ECSC (OJ L 286 of 6.10.1991 , p. 20).

III) the implementation of the investments necessary for the observance of the legislation on environment c) for IS Câmpia Turzii: i) the increase in the production of processed products and of greater added value ii) the 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 for the observance of the legislation on environment d) for CS Reşiţa : i) the specialisation on semi-finished products to supply the local pipe sector ii) the closure of inefficient capacities iii) the implementation of the investments necessary for the observance of the legislation on environment and) for COS Târgovişte: i) the increase of the quantity of products of greater added value ii) the implementation of the investment programme in order to obtain cost reductions , increased efficiency and improved quality iii) the implementation of the investments necessary for the observance of the legislation on environment f) for Donasid Călăraşi: i) the implementation of the investment programme for the modernisation of facilities ii) the increase of the quantity of finished products iii) the implementation of the investments necessary for the observance of the legislation on the environment.

10. Any subsequent changes in the national restructuring programme final and individual business plans must be approved by the Commission and, if necessary, by the Council.

11. The restructuring shall take place under conditions of full transparency and based on solid principles of market economy.

12. the Commission and the Council shall closely monitor the implementation of the restructuring programme and the individual business plans, as well as compliance with the conditions laid down in these provisions and in Appendix A before and after accession until 2009. In particular, the Commission shall monitor the main commitments and provisions set out in paragraphs 7 and 8 concerning State aid, viability and capacity reductions, using in particular the restructuring benchmarks set out in paragraph 9 and in Appendix A, part III. To this end, the Commission shall submit a report to the Council.

13. Monitoring shall include an independent evaluation carried out annually between 2005 and 2009.

14. Romania shall cooperate fully in all accompanying measures. In particular: – Romania shall submit 6-monthly reports to the Commission no later than 15 March and 15 September of each year, unless otherwise decided by the Commission. The first report shall be submitted on 15 March 2005 and the last on 15 March 2009;


-the reports shall contain all information necessary to monitor the restructuring process and the reduction and use of capacity, as well as provide sufficient financial data so that you can assess whether the conditions have been met and the requirements of these provisions and in Appendix a. the reports shall contain at least the information set out in Appendix A, part IV, which the Commission reserves the right to change in the light of the experience gained during the monitoring process. In addition to the reports of each of the recipient companies shall also be prepared a report on the overall situation of the Romanian steel sector, including recent macroeconomic developments;

-Romania shall oblige the benefiting companies to disclose all relevant data which might, under other circumstances, be considered as confidential. In your report to the Council, the Commission shall ensure that they are not disclosed confidential information about specific companies.

15. Will be held biannual meetings of an Advisory Committee composed of representatives of the Romanian and authority of the Commission. Meetings of this Consultative Committee may also take place on an ad hoc basis if deemed necessary by the Commission.

16. If, on the basis of the monitoring, the Commission finds that there has been substantial deviations in relation to the macroeconomic developments, the financial situation of the beneficiary undertakings or the assessment of the viability, can ask Romania to take appropriate measures to reinforce or modify the restructuring measures of the benefiting companies concerned.

17. If the monitoring show that:) was not fulfilled some of the conditions laid down in these provisions and in Appendix A; or (b)) was not respected any of the commitments made by Romania in the framework of the extension of the period during which this country may exceptionally grant State aid for the restructuring of your steel industry under the Europe Agreement, or c) during the restructuring period Romania has granted additional incompatible state aid to the recipient undertakings or to any steel company the Commission shall take the necessary measures to require that the companies in question reimburse any aid granted in non-compliance with the conditions laid down in these provisions and in Appendix a. If necessary, have recourse to the safeguard clauses laid down in article 37 of the Act or under article 39 of the Act.

5. Agriculture. 31999 R 1493 AGRICULTURAL LEGISLATION: Commission Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (OJ L 179 of 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 of 14.10.2003 , p. 13).

By way of derogation from paragraphs 1 to 3 of article 19 of Regulation (EC) No 1493/1999, Romania may recognise replanting rights obtained from the grubbing-up of hybrid varieties that may not be included in the classification of vine varieties, cultivated on an area of 30000 hectares. These replanting rights may be used only until 31 December 2014 and exclusively for planting with Vitis vinifera.

The restructuring and conversion of these vineyards will not be able to benefit from community support provided for in article 13 of Regulation (EC) No 1493/1999. However, national State aid may be granted for the cost of your restructuring and conversion. Such aid may not exceed 75% of the total costs for each vineyard.

B. veterinary and phytosanitary LEGISLATION I. 32004 R 0852 VETERINARY LEGISLATION: Commission 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 of 30.4.2004, p. 1).

32004 R 0853: Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139 of 30.4.2004, p. 55).

a) 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, section II, Chapters II and III, and section V, chapter I, of Regulation (EC) No 853/2004 shall not apply to establishments in Romania listed in Appendix B to this Annex until 31 December 2009 , subject to the conditions set out below.

b) While the establishments referred to in point (a)) the willing in that subparagraph, products from those establishments shall only be placed on the domestic market or used for new processing in establishments in Romania also covered by the provisions of subparagraph (a)), regardless of the date of marketing. These products must bear a health mark or an identification mark different from that provided for in article 5 of Regulation (EC) No 853/2004.

The previous subparagraph also applies to all products originating from integrated meat-processing establishments, where a part of the establishment is subject to the provisions of subparagraph (a)).

c) The milk processing establishments listed in Appendix B to this annex may until 31 December 2009 receive deliveries of raw milk which does not meet the requirements of annex III, section IX, chapter I, Subchapters II and III of Regulation (EC) No 853/2004, or that has not been handled in accordance with these requirements, since the farms from which these deliveries are mentioned on a list maintained for that purpose by the Romanian authorities. Romania shall submit annual reports to the Commission on the progress made on the modernisation of these farms and the milk collection system.

d) Romania shall ensure gradual compliance with the structural requirements referred to in point (a)). Before the date of accession, Romania shall submit to the Commission a modernisation plan, approved by the competent national veterinary authority, for each of the establishments covered by the measure set forth in subsection a) and listed in Appendix B, the plan shall include a list of all the gaps relating to the requirements referred to in point (a)) and the expected date for your correction. Romania shall submit annual reports to the Commission on the progress made in each of these establishments. Romania shall ensure that only those establishments which fully comply with these requirements until 31 December 2009 may continue operating.


and) 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 add or delete certain establishments, in the light of the progress made in the correction of existing shortcomings and the outcome of the monitoring process.

The necessary implementing rules to ensure the smooth operation of the above transitional regime may be adopted in accordance with article 58 of Regulation (EC) No 178/2002.

II. PHYTOSANITARY LEGISLATION 1 Council Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the General principles and requirements of food law, establishing the European food safety authority and laying down procedures in matters of food safety (OJ L 31 of 1.2.2002, p. 1). Regulation as last amended by Regulation (EC) no 1642/2003 (OJ L 245 of 29.9.2003, p. 4).

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 of 19.8.1991, p. 1), as last amended by: – 32004 L 0099: Directive 2004/99/EC of 1.10.2004 (OJ L 309 of 6.10.2004, p. 6).

By way of derogation from paragraph 1 of article 13 of Directive 91/414/EEC, Romania may postpone the deadline for the provision of the information referred to in annexes II and III to Directive 91/414/EEC for plant protection products currently authorised in Romania and marketed exclusively on Romanian territory and containing copper compounds (sulphate, oxychloride or hydroxide), sulphur, acetochlor , Dimethoate and 2.4-D, since these components appear at the time of the list in annex I to that directive. The deadline referred to above may be deferred until 31 December 2009, except for the 2.4-D, whose date can be deferred until 31 December 2008. The above provisions shall only apply to companies that have effectively started working on the generation or acquisition of the required data before 1 January 2005.

6. transport policy 1. 31993 R 3118: Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions for the admission of non-resident carriers to national transport carriage of goods by road in a Member State (OJ L 279 of 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 of 19.3.2002, p. 1).

the) 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 are not permitted to carry out national transport carriage of goods in other Member States, and carriers established in the other Member States are not permitted to carry out national transport carriage of goods by road in Romania.

b) before the end of the third year following the date of accession, Member States shall notify the Commission whether they will prolong this period for a maximum of two years or if, thereafter, they will fully apply article 1 of the regulation. In the absence of such communication shall apply article 1 of the regulation. Only carriers established in those Member States where applicable article 1 of the regulation may perform national road transport of goods in other Member States it is also applicable to article 1 of the regulation.

c) Member States in which, by virtue of the provisions of subparagraph (b)), is article 1 of the regulation applies may resort to the procedure established by the end of the fifth year following the date of accession.

Whenever one of the Member States referred to in the previous paragraph make serious disturbance of the national market, or parts of it, due to the activity of cabotage or aggravated, for example a significant surplus of supply over demand or a threat to the financial stability or survival of a large number of road haulage companies , that Member State shall inform the Commission and the other Member States and provide them with all relevant information. Based on this information, the Member State may request the Commission to suspend, in whole or in part, from the application of article 1 of the regulation, so that the situation return to normal.

The Commission shall examine the situation on the basis of data provided by the Member State concerned and shall decide within one month of receipt of the request, whether to adopt safeguard measures. The procedure laid down in the second, third and fourth subparagraphs of paragraph 3, as well as the provisions laid down in paragraphs 4, 5 and 6 of article 7 of the regulation.

Any of the Member States referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of article 1 of the regulation, and shall submit to the Commission following a reasoned ex-post notification.

d) While article 1 of the regulation does not apply pursuant to subparagraphs (a)) and b), Member States may regulate access to their national road transport of goods by means of the exchange of progressive cabotage authorisations on the basis of bilateral agreements, including introducing the full liberalisation.

and) application of paragraph 1 (a)), b) and (c)) cannot cause an access to national road transport of goods more restrictive than that in force at the date of signature of the accession treaty.

2.31996 L 0053: Council Directive 96/53/EC of 25 July 1996 laying down the maximum authorized dimensions in national and international traffic and the maximum authorised weights in international traffic for certain road vehicles circulating within the Community (OJ L 235 of 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 of 9.3.2002, p. 47).

By way of derogation from paragraph 1 of article 3 of Directive 96/53/EC, vehicles complying with the limit values of categories 3.2.1, 3.4.1, 3.4.2.. and 3.5.1. specified in annex I to that directive may only use non-upgraded parts of the Romanian road network until 31 December 2013 if they comply with the limits of maximum axle load Romanians.


From the date of accession, no restrictions may be imposed on the use, by vehicles complying with the requirements of Directive 96/53/EC, of the main traffic routes indicated in annex 5 of the agreement on transport between the EC and Romania 1 and in annex I of 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, and will: 1. Alba Iulia – Turda – Zalău – Satu Mare – Halmeu (road E 81) 2. Zalău – Oradea – Borş () (1:00 and roads and 60) 3. Mărăşeşti – Bacău – Suceava – Siret (road E 85) 4. Tişiţa – Tecuci – Albiţa – Huși (E581 road) 5. Simeria – Haţeg – Rovinari – Craiova – Calafat (road E 79) 6. Lugoj – Karánsebes – Drobeta-Turnu Severin – Filiaşi – Craiova (road E 70) 7. Craiova – Alexandria – Bucureşti (road 6) 8. Drobeta-Turnu Severin – Calafat (road 56 A) 9. Bucureşti – Buzău (roads E 60/E 85) 10. Bucureşti-Giurgiu (roads E 70/E 85) 11. Brasov – Sibiu (road E 68) 12. Timişoara-Stamora Moraviţa Romania will fulfill the schedule in the table below to modernise your secondary road network as set out in the map below. All infrastructure investments involving the use of funds from the Community budget shall ensure that the arteries are constructed or upgraded in order to be able to withstand a load of 11.5 tonnes per axle.

Together with the completion of the upgrading, there shall be a progressive opening of the secondary Romanian road network for vehicles in international traffic complying with the limit values set out in the directive. For the purposes of loading and unloading, where technically possible, is permitted to use non-upgraded parts of the secondary road network throughout the transitional period.
1 Road Transit Agreement between the European Community and Romania concerning the carriage of goods of 28 June 2001 (OJ L 142 of 31.5.2002, p. 75).
2 OJ L 228 of 9.9.1996, p. 1. Decision as last amended by decision 884/2004 No./EC (OJ L 167 of 30.4.2004, p. 1).

From the date of accession, all vehicles in international traffic complying with the limit values set out in Directive 96/53/EC shall be subject to temporary additional charges for the use of the secondary Romanian road network if they exceed the national limits of axle load. These vehicles shall not be subject to such temporary additional charges for the use of the secondary Romanian road network if they exceed the national limits to the size or total weight of the vehicle. In addition, these vehicles in international traffic complying with the limit values set out in Directive 96/53/EC and fitted with air-suspension will be subject to lower rates by at least 25%.

Will be charged, in a non-discriminatory way, temporary additional charges for using non-upgraded parts of the secondary road network for vehicles in international traffic complying with the limit values set out in the directive. The regime of fees should be transparent, and payment of fees must not lead to administrative burdens or excessive delays for the user nor a systematic control of axle load limits at the border. The application of load limits on the shaft should be assured in a non-discriminatory manner throughout the territory and be effective also as regards vehicles registered in Romania.

The charges for vehicles without air-suspension complying with the limit values set out in Directive 96/53/EC shall not exceed the level of charges set out in the table below (expressed in 2002 numbers). Vehicles fitted with air-suspension complying with the limit values set out in Directive 96/53/EC shall be subject to lower rates by at least 25%.

Maximum rates (expressed in 2002 numbers) for vehicles without air-suspension complying with the limit values set out in Directive 96/53/EC declared Load per axle of a vehicle Amount of additional charge for use of one kilometre of road not modernized (with a maximum load capacity of 10 tonnes per axle) in EUR (2002 numbers) of 10 tonnes per axle to 10.5 tons per axle 0.11 of 10.5 tons per axle to 11 tonnes per axle to 11 tonnes per axle 0.30 up to 11.5 tons per axle 0.44 Calendar for the modernization of the secondary road network on which will be a progressive opening for vehicles complying with the limit values set out in Directive 96/53/EC 2007 2008 2009 2010 2011 2012 2013 TOTAL Period Km ongoing 1 3 031 2 825 1 656 1 671 1 518 1 529 1 554 Km put into service 2 960 1,674 528 624 504 543 471 cumulated Works (in km) 3 916 5 590 6 118 6 742 7 246 7 789 8 260 8 260 1 Km = road sections in progress in which work is carried out during the reference year. These works may start in the reference year or may have been begun in previous years. 2 Km put into service = road sections whose works were completed or which were placed in service during the reference year.


Urziceni ILIA E79 TUSNAD CAREI Nusfalau Virfurile MARGHITA NUCET HUNEDOARA Sarmisegetuza BAILE HERCULANE BAIA DE ARAMA Carasova 58 ORAVITA MOLDOVA NOUA Bozovici Pojejana57A Socol Naidas Gradinari 57B 57 57 E70 Topleta ORSOVA Berzeasca 57 56B E771 E70 Iablanita 57B ANINA 6 76 67D Dragesti Les NADLAC Biled Carpinis SINNICOLAU MARE 59C 59B JIMBOLIA Lovrin 6 Cenad E68 E68 7 Capruta LIPOVA69 58B MORAVITA E70 DETA Voiteg 59 Berzovia SUBHASISH TIMISOARA E671 59A Ortisoara Avenges OTELU ROSU CARANSEBES and LUGOJ E70
Saceni 7 0 58 RESITA E673 Savirsin 68 6 58A Faget 68th Cosava 7 Inana SALONTA CRIS79A E671 ARAD CHISINEU-Nadab Turnu VARSAND 79 79A Paulis E671 79A INEU Gurahont E79 E79 Copaceni 76 VASCAU Pocola BEIUS E60 BORS Sacueni Baile Felix ORADEA ALESD E60 1 19 1:00 Biharia of Valea lui Mihai Supiacu 19B Bacau 19 1F VALENII CataloiIancaBUZAUVernesti Domnestilui 22D73C67A E79 Neag Schitu PLOIESTI Adunatii-Copaceni OTOPENI DE MUNTE Calugareni 41 64 OCNELE MARI Babeni Dobroteasa DRAGASANI CARACAL BrincoveniBALSE79 56 CALAFAT Rast Maglavit Cetate 56th E79 55A Dabuleni Bechet 54A 55 Rodovan CRAIOVA 6 Read Bumbesti-Jiu Pesteana Scoarta-MOTRU E7 9 Brosteni TURNU SEVERIN VINJU MARE 67A Simian 6 Floresti DROBETA 67 STREHAIA FILIASI Pieptani 67D 67 67 66 Runcu TIRGU JIU Jiu-ROVINARI 66 BalcestiTintareni Hurezani67B Ganeasa 65 c E70 Giulesti HOREZU Gradistea Maldaresti TIRGU CARBUNESTI Cimpu Mare Bengesti PolovraciNOVACI GOVORA 67B 65 c 64 67 64 BALL of TURNU MAGURELE SEAL Clejani ROSIORII 52 54 CORABIA E70

Stoenesti Daneasa 65A 6 54 65A GIURGIU Smirdioasa ZIMNICEA 51 51st E85 Draganesti Vlasca E70 5 c 6 E705B Ghimpati ALEXANDRIA Daia E85 5 661 Dragomiresti 72A CerbuVedea 67B Ungheni SLATINA 65 E574 COSTESTI Redea 65A E70 CURTEA DE ARGES E81 7 c RIMNICU VILCEA Budau 73C PITESTI E574 E60 Bildana Cringasi 73 7 Golesti Crevedia Mare TITU GAESTI 7 A1 BUFTEA 1 TIRGOVISTE I.L. Caragiale 72 71 FIENI 1A 1 A2 CIMPINA 72 21 3 Vlad Tepes Cuza Budesti OLTENITAGreaca 4 Minastirea 3B CALARASI Ostrov Voda 31 Baneasa Corvin 3 Cilibia Pogoanele 2A Fundulea E85 E60 Pasarea Branesti 2 3 Gara Lehliu Lehliu URZICENI E60 Malu Costesti MIZIL Albesti 1B 1 d 2 c 2B 3A E85 SLOBOZIA Drajna TANDAREI 21 Dragalina Stefan Voda 3A Amara 2 c FETESTI Facaeni 3B Insuratei Grivita FAUREI GIURGENI 21A E577 2B 21 22 c CONSTANTA COSTINESTI MANGALIA NORD EFORIE NEPTUN JUPITER EFORIE SUD Vama Veche E87 E675 Ovidiu Cobadin Amzacea Negru voda 38 Pietreni Murfatlar E87 VENUS
SATURN Agigea Capul Midia NAVODARI BABADAG 39 Mihai Scraiu CERNAVODA Mihail Kogalniceanu 2A E60 E87 22D 22 22B Viteazu Horia Nalbant Ciucurova Rohman 22A E87 Cerna Caugagia Topolog 22D Varful Cimpului Cracaoani Praxia 2222A Tarcau Ghimes-Faget MIERCUREA CIUC COMANESTI BUZAULUI INTORSATURA Ungureni Maneciu-E85 15E576 BORSECDedaZimbar DRESS BUCURESTI 29A MEDIAS Axente Sever Blajel TIRNAVENI COPSA in MICA Criscior 14B74 15 7APETROSANI Pui HATEG URICANI HEDGES Cimpu Cirnesti E79 66 66 66A SIMERIA CALAN 68B SHOULD Soimus ORASTIE 76 ZLATNA 7 Talmaciu has Obirsia Lotrului Voineasa BREZOI 7A 7 Malaysian E81 E81 1/E68 7 57C Sugag SIBIU 14 ALBA IULIA Buru Buces 74 BRAD Arieseni Albac CIMPENI Lupsa ABRUD Bucium 75 1 1 g 1F CIMPIA TURZIITURDA HUEDIN BLAJ Teius 1 14B AIUD Miraslau E81 14A Iernut E60 CLUJ NAPOCA Apahida E60 Dimbu Camarasu 16 Rascruci Hoghiz RUPEA 73A Bilea Lac Sercaia Poienari 7 c CIMPULUNG Rucar E574 Voila Cirtisoara 1 Avrig Sinca Veche FAGARAS E68 1 10BRASOV PREDEAL SINAIA COMARNIC Moroeni 71 E60 Bran 73 73A RISNOV 1A Full SACELE SFINTU GHEORGHE E68 CODLEA 13 E574 Reci Chichis Prejmer 11 12 13A TOPLITA TIRGU SECUIESC SZÉKELYUDVARHELY Corund 13AMURES Praid SIGHISOARA Singeorgiu DUMBRAVENI Balauseri E6 13 14 0 15 15 15 REGHIN16 the Lupeni TIRGU SOVATA BAILE TUSNAD VLAHITA Sinmartin Cozmeni 11B Sindominic GHEORGHIENIJoseni 13B Ditrau 12 12 12A BICAZ Lacu Rosu 12 c VISEU DE SUS MARMATIEIPetea Romuli Livada SIGHETU E81 1 c E58 OAS Somcul Mare Sinmihaiu Sarmasag Romanasi Almasului Surduc Y8 1
SIMLEU SILVANIEI ZALAU 1F Tihau 1:00 1:00 JIBOU Supuru de jos SATU MARE Arded E81 19A Dorolf E671 Satulung E671 1 c 1 c 17 c 1 Seini Vama GHERLA 71 c Gilgau Rastoci E58 DEJ and 5 7 6 17 17 d Feresti Cosbuc BAIA SPRIE BAIA MARE 18 Mara 18 Sacel E81/E58 1 c HALMEU Tarna Mare 19 Sapinta Vicovu de Sus RADAUTI DORNEI VATRA E5 IacobeniRodna 76 Birgaului SINGEORZ-BAI Prundu 17 c BISTRITA NASAUD and 5 8 17 18 17 d Moisei Cirlibaba Borsa Chiril Brosteni 17B Borca 15B Poiana Largului 15 CIMPULUNG MOLDOVENESC Vatra Moldovitei GURA HUMORULUI Vama Sucevita 5 8Ilisesti 17 and 17A Marginea SIRET E85 2 Drains E581ROMAN15D 29 c 26 HUSI Foltesti Smirdan Tulucesti E581Bretcu Oancea Falciu FOCSANI MARASESTI 2D Nehoiu Cislau Ciuta Siriu RIMNICU SARAT Lepsa Independenta 25 10 2D Vidra Balta Alba22 Sarat Lacu Sendreni 2 Traian BRAILA Movila Miresii 2B GALATI Gara Berheci TECUCI E85 Hanu Conachi 24 BACAU Secuieni 15 d 2GScorteni Sanduleni TIRGU OCNA Oituz 11 SLANIC
MOLDOVA 12B Darmanesti MOINESTI 11A ONESTI E574 E85 PIATRA NEAMT 15 BUHUSI Sirbi BIRLAD ADJUD Podu Turcu 11A 24A 26 Murgeni Zorleni E581 VASLUI Vulturesti 15 d Dragomiresti 2F NEGRESTI Crasna ALBITE 24B ISACCEA 24B Garvan MACIN 22 2B E87 24A E58 E583 Stanca29B/E583 Stefanesti TIRGU FRUMOS Nicolae Balcescu Miclauseni PASCANI Sabaoani TIRGU NEAMT Dobreni 15 c 15 c Game Strunga Ruginoasa 28 28A SUCEAVA 29 c 29 Rutani FALTICENI BOTOSANI E58 HIRLAU 28B 29D BUCIUM Vinatori SCULENI IASI 28 Podu IloaieiE58 24
28 Radauti Prut DARABANI George Enescu DOROHOI 29A Manoleasa SĂVENI Ungureni 29 TULCEA HIRSOVA SERBIA MUNTENEGRU OTHER NATIONAL ROADS REHABILITATION-PROJECTS TO BE COMPLETED BY 2013 MTCT AND Stages I-XIII Length = 8 260 km Value = 1000 Euro 6 489.3 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 of 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 Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236 of 23.9.2003, p. 33).

By way of derogation from paragraph 1 of article 6 of Directive 1999/62/EC, the minimum tax rates laid down in annex I to the directive shall not apply in Romania to vehicles engaged exclusively in domestic transport services until 31 December 2010.

During this period, the rates to be applied by Romania to these vehicles will reach gradually the minimum laid down in annex I of the directive, in accordance with the following timetable: – until 1 January 2007, the rates to be applied by Romania shall not be less than 60% of the minima laid down in annex I to Directive;

-until 1 January 2009, the rates to be applied by Romania shall not be less than 80% of the minima laid down in annex I to 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 : Directive 2004/66/EC of 26.4.2004 (OJ L 168 of 1.5.2004, p. 35).

For the purposes of point (b)) of paragraph 3 of article 28 of Directive 77/388/EEC, Romania may continue to exempt from value added tax on international transport of passengers, referred to in point 17 of Annex F to the directive, to be filled in the condition provided for in paragraph 4 of article 28 of the directive or as long as the same exemption is applied by any of the present Member States , whichever is the earlier.

2.31992 L 0079: Council Directive 92/79/EEC of 19 October 1992 on the approximation of taxes on cigarettes (OJ L 316 of 31.10.1992, p. 8), as last amended by: – 32003 L 0117: Council Directive 2003/117/EC of 5.12.2003 (OJ L 333 of 20.12.2003, p. 49).


By way of derogation from paragraph 1 of article 2 of Directive 92/79/EEC, Romania may postpone until 31 December 2009 the application of the overall minimum excise duty on the retail selling price (inclusive of all taxes) for cigarettes of the price class more sold, provided that during this period, the gradual adjustment of its excise rates the overall minimum excise duty provided for in the directive.

Without prejudice to article 8 of Directive 92/12/EEC of 25 February 1992 on the General arrangements, holding, movement and monitoring of products subject to excise duty 1 and after informed the Commission, Member States may, as long as the above derogation applies, maintain the same quantitative limits applied to imports from third countries for cigarettes which may be brought into their territories from Romania without payment of excise duty. 1 the Member States OJ L 76 of 23.3.1992, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122 of 16.5.2003, p. 36).

opt for this possibility may carry out the necessary checks provided that these do not affect the proper functioning of the internal market.

3.32003 L 0049: Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (OJ L 157 of 26.06.2003, p. 49), as last amended by: – 32004 L 0076: Council Directive 2004/76/EC , of 29.4.2004 (OJ L 157 of 30.4.2004, p. 106).

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 tax rate applicable to the payment of interest and royalties to an associated company of another Member State or to a permanent establishment situated in another Member State of an associated company of a Member State may 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 of 31.10.2003, p. 51), as last amended by: – 32004 L 0075: Council Directive 2004/75/EC of 29.4.2004 (OJ L 157 of 30.4.2004 , p. 100).

the) by way of derogation from article 7 of Directive 2003/96/EC, Romania may apply the following transitional periods: – until 1 January 2011 to adjust the national level of taxation on unleaded petrol used as fuel the minimum level of EUR 359 per 1000 litres. The effective tax rate applied to unleaded petrol used as fuel shall not be less than EUR 323 per 1000 litres from 1 January 2008, – until 1 January 2013 to adjust the national level of taxation on gas oil used as fuel the minimum level of EUR 330 per 1000 litres. The effective tax rate applicable to gas oil used as 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) by way of derogation from article 9 of Directive 2003/96/EC, Romania may apply the following transitional periods: – until 1 January 2010 to adjust its national level of taxation on natural gas for heating purposes in non-business use the minimum level of taxation laid down in annex I, table C, – until 1 January 2010 to adjust its national level of taxation on 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 adjust the national levels of taxation of the heavy fuel oil used for other purposes to the minimum levels of taxation laid down in annex I, Table c.

The effective tax rate applied to the heavy fuel oil 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 adjust its national level of taxation of electricity to the minimum levels of taxation laid down in annex I, Table c. The effective tax rates applied to electricity must not be less than 50% of the relevant Community minimum rate as from 1 January 2007.

31968 L 0414 energy 8: Council Directive 68/414/EEC of 20 December 1968, imposing an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/or petroleum products (OJ L 308 of 23.12.1968, p. 14), as last amended by 31998 L 0093: Council Directive 98/93/EC , of 14.12.1998 (OJ L 358 of 31.12.1998, p. 100).

By way of derogation from paragraph 1 of article 1 of Directive 68/414/EEC, the minimum level of stocks of petroleum products shall not apply in Romania until 31 December 2011. Romania shall ensure that your minimum stocks of petroleum products corresponds, for each of the categories of petroleum products listed in article 2, to at least average daily internal consumption as defined in paragraph 1 of article 1, the following number of days:-68.75 days until 1 January 2007; -73 days until 31 December 2007; -77.25 days until 31 December 2008; -81.5 days until 31 December 2009; -85.45 days until 31 December 2010; -90 days until 31 December 2011.

9. The ENVIRONMENT. 31994 L 0063 AIR QUALITY: 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 your distribution from terminals to service stations (OJ L 365 of 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 of 31.10.2003, p. 1).

1. By way of derogation from article 3 and annex I of Directive 94/63/EC, the requirements for existing storage installations at terminals shall not apply in Romania: – until 31 December 2007 to 115 storage installations at 12 terminals and until 31 December 2008 the 4 storage installations at a terminal with a throughput loaded greater than 25000 tonnes/year but less than or equal to 50 000 tonnes/year;


– until 31 December 2007 to 138 storage installations at 13 terminals, until 31 December 2008 to 57 storage installations at 10 terminals and until 31 December 2009 in 526 storage installations at 63 terminals with a throughput loaded less than or equal to 25000 tonnes/year.

2. By way of derogation from article 4 and annex II of Directive 94/63/EC, the requirements for loading and unloading of existing mobile containers at terminals shall not apply in Romania: – until 31 December 2007 to 36 loading and unloading installations at 12 terminals with a throughput loaded greater than 25000 tonnes/year but less than or equal to 150 000 tonnes/year;

– until 31 December 2007 to 82 loading and unloading installations at 18 terminals, until 31 December 2008 to 14 loading and unloading installations at 11 terminals and until 31 December 2009 to 114 loading and unloading installations at 58 terminals with a throughput loaded less than or equal to 25000 tonnes/year.

3. By way of derogation from article 5 of Directive 94/63/EC, the requirements for existing mobile containers at terminals shall not apply in Romania: – until 31 December 2007 to 31 road tankers;

-until 31 December 2008 to further 101 road tankers;

– until 31 December 2009 to further 432 road tankers.

4. By way of derogation from article 6 and annex III of Directive 94/63/EC, the requirements for the existing storage installations at service stations shall not apply in Romania: – until 31 December 2007 to 116 service stations, until 31 December 2008 to further 19 service stations and until 31 December 2009 to over 106 service stations with a throughput greater than 1000 m 3/year;

– until 31 December 2007 to 49 service stations, until 31 December 2008 to over 11 service stations and until 31 December 2009 to over 85 service stations with a throughput greater than 500 m 3/year but less than or equal to 1000 m 3/year;

– until 31 December 2007 to 23 service stations, until 31 December 2008 the most 14 service stations and until 31 December 2009 the more 188 service stations with a throughput less than or equal to 500 m 3/year.

B. WASTE MANAGEMENT 1. 31993 R 0259: Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ L 30 of 6.2.1993, p. 1), as last amended by:-32001 R 2557: Commission Regulation (EC) no 2557/2001 of the Commission , of 28.12.2001 (OJ L 349 of 31.12.2001, p. 1).

a) until 31 December 2015, all shipments to Romania of waste for recovery listed in annex II to Regulation (EEC) No 259/93 shall be notified to the competent authorities and processed in accordance with articles 6, 7 and 8 of the regulation.

b) by way of derogation from paragraph 4 of article 7 of Regulation (EEC) No 259/93, the competent authorities of Romania may, until 31 December 2011, to raise objections to shipments to Romania for recovery of the following wastes listed in annex III, basing those objections pursuant to paragraph 3 of article 4 of the regulation. Such transfers are subject to article 10 of the regulation.

AA. METAL-BEARING WASTES AA 060  vanadium ashes and residues  AA 080 Residues thallium waste, scrap and  AA 090 arsenic waste and Residues  AA 100 mercury waste and scrap of  AA 130 liquors from the pickling of metals AB. WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, which may contain metals and ORGANIC MATERIALS AB 010  ash and residues, not elsewhere specified or included  AB 020 residues arising from the incineration of municipal/household wastes  AB 030 wastes from non-cyanide based systems which arise from surface treatment of metals  AB 040 glass waste from cathode-ray tubes and other activated glasses  AB 050 calcium fluoride sludges  AB 060 Other inorganic fluorine compounds in the form of liquids or sludges  AB 080 spent catalysts not on the green list  AB 090 Waste hydrates of aluminium AB 110 basic Solutions   AB 120 halogenated inorganic compounds, not elsewhere specified or included AC. OTHER WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, which may contain metals and inorganic materials AC 040  leaded gasoline sludges  AC 050 thermal Fluid (heat transfer)  AC 060 hydraulic fluids AC 070 brake Fluids    AC 080 antifreeze Fluids AC 090 waste from production, formulation and use of resins, latex, plasticizers , glues and adhesives Nitrocellulose   AC 100 AC 110 Phenols, phenol compounds including chlorophenol in the form of liquids or sludges  AC 120 AC 140 specifically Naphthalene  triethylamine catalysts of foundry sands AC 150 chlorofluorocarbons    AC 190 AC 160 Halons wastes from mechanical destruction of cars (light fraction : plushes, fabrics, plastic waste, etc.)  AC 200 organic phosphorous compounds non-halogenated Solvents 210 AC    AC AC 220 Halogenated Solvents waste 230 halogenated or unhalogenated non-aqueous distillation from organic solvent recovery operations  AC 240 wastes arising from the production of aliphatic halogenated hydrocarbons (such as chloromethanes, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride and epichlorhydrin)  AC 260 pig manure;  droppings AC 270 Sewage Sludge AD. WASTES WHICH MAY CONTAIN ORGANIC OR INORGANIC MATERIALS


 AD 010 wastes from the production and preparation of pharmaceutical products AD 020  wastes from production, formulation and use of biocides and plant protection products  AD 030 wastes from the manufacture, formulation and use of wood-preserving chemicals wastes containing, consisting of or contaminated with one of the following:  AD 040-Inorganic cyanides , excepting precious metal-bearing residues in solid form containing traces of inorganic cyanides AD 050-organic Cyanides   AD 080 Wastes of an explosive nature not subject to other legislation AD 110 acidic solutions   AD 120 ion-exchange resins  AD 130 single-use cameras with batteries  AD 140 wastes from industrial pollution control devices for cleaning of industrial off-gases, not elsewhere specified or included  AD 150 organic material natural occurrence used as a filter medium (such as biofilters)  AD 160 municipal/household wastes  AD 170 spent activated carbon with hazardous characteristics from the industries of organic and inorganic chemicals and pharmaceutical industry, waste water treatment, gas/air cleaning and similar applications This period may be extended until 31 December 2015 at the latest, in accordance with article 18 of Directive 75/442/EEC of 15 July 1975 on waste 1, as amended by Directive 91/156/EEC 2.

c) by way of derogation from paragraph 4 of article 7 of Regulation (EEC) No 259/93, the competent authorities of Romania may, until 31 December 2011, to raise objections to shipments to Romania of waste for recovery listed in annex IV to the regulation and shipments of waste for recovery not listed in the annexes to the regulation, basing those objections pursuant to paragraph 3 of article 4 of the regulation. This period may be extended until 31 December 2015 at the latest, in accordance with article 18 of Directive 75/442/EEC of 15 July 1975 on waste 3, as amended by Directive 91/156/EEC 4.

d) by way of derogation from paragraph 4 of article 7 of Regulation (EEC) No 259/93, the competent authorities of Romania may raise objections to shipments of waste for recovery listed in annexes II, III and IV to the regulation and shipments of waste for recovery not 1 OJ L 194 of 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284 of 31.10.2003, p. 1).
2 OJ L 78 of 26.3.1991, p. 32. 3 OJ L 194 of 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284 of 31.10.2003, p. 1).
4 OJ L 78 of 26.3.1991, p. 32.

listed in those annexes for a facility benefiting from a temporary derogation in respect of certain provisions of Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control 1, of Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of 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 air from large combustion plants 3, during the period of application of the derogation to the facility of destination.

2.31994 L 0062: Council Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365 of 31.12.1994, p. 10), as 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 of 18.2.2004 , p. 26).

the) Notwithstanding subparagraph 3 (a)) of paragraph 1 of article 6 of Directive 94/62/EC, Romania shall attain the overall rate for recovery or incineration at waste incineration plants with energy recovery until 31 December 2011 in accordance with the following intermediate targets: – 32% by weight until 31 December 2006, 34% in 2007 , 40% in 2008, 45% for 2009 and 48% in 2010.

b) by way of derogation from point (b)) of paragraph 1 of article 6 of Directive 94/62/EC, Romania shall attain the overall rate for recovery or incineration at waste incineration plants with energy recovery until 31 December 2013, in accordance with the following intermediate targets: 1 OJ L 257 of 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and the Council (OJ L 284 of 31.10.2003, p. 1).
2 OJ L 332 of 28.12.2000, p. 91. 3 OJ L 309 of 27.11.2001, p. 1. Directive as last amended by the 2003 Act of accession (OJ L 236 of 23.9.2003, p. 33).

-53% by weight in 2011 and 57% in 2012.

c) by way of derogation from point (c)) of paragraph 1 of article 6 of Directive 94/62/EC, Romania shall attain the recycling target for plastics until 31 December 2011 in accordance with the following intermediate targets: – 8% by weight until 31 December 2006, 10% for 2007, 11% for 2008, 12% in 2009 and 14% in 2010.

d) by way of derogation from point (d)) of paragraph 1 of article 6 of Directive 94/62/EC, Romania shall attain the overall recycling target until 31 December 2013, in accordance with the following intermediate targets: – 26% in weight up to 31 December 2006, 28% for 2007, 33% for 2008, 38% for 2009, 42% in 2010, 46% for 2011 and 50% by 2012.

e) by way of derogation from point (e)) i) of paragraph 1 of article 6 of Directive 94/62/EC, Romania shall attain the recycling target for glass up to 31 December 2013 in accordance with the following intermediate targets: – 21% in weight up to 31 December 2006, 22% in 2007, 32% in 2008, 38% in 2009, 44% in 2010 , 48% in 2011 and 54% in 2012.

f) by way of derogation from point (e)) iv) of paragraph 1 of article 6 of Directive 94/62/EC, Romania shall attain the recycling target for plastics, counting exclusively material that is recycled in the form of plastics, until 31 December 2013, in accordance with the following intermediate targets: – 16% by weight in 2011 and 18% in 2012.

g) by way of derogation from point (e)) v) of paragraph 1 of article 6 of Directive 94/62/EC, Romania shall attain the recycling target for wood until 31 December 2011 in accordance with the following intermediate targets:


-4% by weight until 31 December 2006, 5% for 2007, 7% for 2008, 9% for 2009 and 12% in 2010.

3.31999 L 0031: Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182 of 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 of 31.10.2003, p. 1).

the) by way of derogation from article 14 (c)) and 2 points, 3, 4 and 6 of annex I to Directive 1999/31/EC and without prejudice to Directive 75/442/EEC of 15 July 1975 on waste 1, and Directive 91/689/EEC of 12 December 1991 on hazardous waste 2
the requirements regarding control of water and leachate management, protection of soil and water, gas control and stability shall not apply to 101 existing municipal landfills in Romania until 16 July 2017.

Romania shall ensure a gradual reduction of waste deposited in these 101 existing non-compliant municipal landfills in accordance with the following annual maximum quantities: by 31 December 2006:3 470 000 tonnes; until 31 December 2007:3 240 000 tonnes; until 31 December 2008:2 920 000 tonnes; until 31 December 2009:2 920 000 tonnes; until 31 December 2010:2 900 000 tonnes; until 31 December 2011:2 740 000 tonnes; until 31 December 2012:2 460 000 tonnes; until 31 December 2013:2 200 000 tonnes;
1 OJ L 194 of 25.7.1975, p. 39. Directive as amended by Directive 91/156/EEC, and as last amended by Regulation (EC) No 1882/2003 (OJ L 284 of 31.10.2003, p. 1).
2 OJ L 377 of 31.12.1991, p. 20. Directive as last amended by Directive 94/31/EC (OJ L 168 of 2.7.1994, p. 28).

until 31 December 2014:1 580 000 tonnes; until 31 December 2015:1 420 000 tonnes; until 31 December 2016:1 210 000 tonnes.

b) by way of derogation from article 6(1)(a)) and b) of paragraph 3 of article 5 and of the second indent of point 2 of annex I to Directive 1999/31/EC and without prejudice to subparagraph (c)) ii) of article 6 of that directive and Directive 75/442/EEC, the requirements for liquid, corrosive and oxidising waste relating to the prevention of the infiltration of surface water in the waste deposited shall not apply in Romania to the following 23 existing facilities until the date indicated for each plant: Until 31 December 2007:1. S.c. BEGA UPSOM Ocna Mureş, Ocna Mureş, Alba county Until 31 December 2008:2. S.c. TERMOELECTRICA SA-SE Doiceşti, Doiceşti, Romania 3. S.c. COMPLEXUL ENERGETIC ROVINARI SA, Cicani-Beterega, Romania 4. RAAN Drobeta-Turnu Severin-Sucursala ROMAG – TERMO, Drobeta-Turnu Severin, Mehedinţi County Until December 31 2009:5. COMPLEXUL ENERGETIC CRAIOVA-SE Craiova, Valea Mănăstirii, Dolj District 6. COMPLEXUL ENERGETIC CRAIOVA-SE Işalniţa, Işalniţa II, Dolj District 7. COMPLEXUL ENERGETIC CRAIOVA-SE Işalniţa, Işalniţa I, Dolj district 8. S.c. ELECTROCENTRALE DEVA SA-SE Paroşeni, Căprişoara, Romania 9. S.c. TERMICA SA Suceava, Suceava, Suceava County Until 31 December 2010:10. S.c. ELECTROCENTRALE DEVA SA, Bejan, Hunedoara 11 district. S.c. ALUM Tulcea, Tulcea, Tulcea district Until 31 December 2011:12. S.c. UZINA TERMOELECTRICĂ GIURGIU SA, Giurgiu, Giurgiu County Until 31 December 2012:13. CET Bacău, Furnicari – Bacău, Romania 14. S.c. COMPLEXUL ENERGETIC TURCENI, Valea Ceplea, Romania 15. S.c. COMPLEXUL ENERGETIC TURCENI, Valea Ceplea, Romania 16. S.c. UZINELE SODICE Govora, Govora, Vâlcea County 17. S.c. CET Govora SA, Govora, Vâlcea County Until 31 December 2013:18. S.c. CET Arad, Arad, Romania 19. S.c. ELECTROCENTRALE ORADEA SA, Sântaul Mic, Bihor County 20. S.c. ELECTROCENTRALE ORADEA SA, Sântaul Mic, Bihor County 21. S.c. ELECTROCENTRALE ORADEA SA, Sântaul Mic, Bihor County 22. CET II Iaşi, Holboca, Romania 23. S.c. Uzina Electrică Zalău, Hereclean – Panic, Sălaj County Romania shall ensure a gradual reduction of liquid waste deposited in these 23 existing non-compliant facilities in accordance with the following annual maximum quantities: – until 31 December 2006:11 286 000 tonnes; – until 31 December 2007:11 286 000 tonnes;

-until 31 December 2008:11 120 000 tonnes; – until 31 December 2009:7 753 000 tonnes; -until 31 December 2010:4 803 000 tonnes; -until 31 December 2011:3 492 000 tonnes; -until 31 December 2012:3 478 000 tonnes; -until 31 December 2013:520 000 tonnes.

c) by way of derogation from article 6(1)(a)) and b) of paragraph 3 of article 5 and of the second indent of point 2 of annex I to Directive 1999/31/EC and without prejudice to subparagraph (c)) (ii)) of that directive and Directive 75/442/EEC, the requirements for liquid, corrosive and oxidising waste relating to the prevention of the infiltration of surface water in the waste deposited shall not apply in Romania to the following 5 existing basins to date indicated for each basin: Until 31 December 2009:1. BĂIŢA Ştei, Fânaţe, Bihor County Until 31 December 2010:2. TRANSGOLD Baia Mare, Aurul-Recea, Maramureş, Romania 3. MINBUCOVINA Vatra Dornei, Ostra-Valea Straja, Suceava County Until 31 December 2011:4. CUPRUMIN Abrud, Valea Şesei, Alba county 5. CUPRUMIN Abrud, Valea Ştefancei, Alba county.

Romania shall ensure a gradual reduction of liquid waste deposited in these 5 existing basins not complying in accordance with the following annual maximum quantities: – until 31 December 2006:6 370 000 tonnes; – until 31 December 2007:5 920 000 tonnes (of which 2 100 000 tonnes of hazardous waste and 3 820 000 tonnes of non-hazardous waste);

-until 31 December 2008:4 720 000 tonnes (of which 2 100 000 tonnes of hazardous waste and 2 620 000 tonnes of non-hazardous waste); – until 31 December 2009:4 720 000 tonnes (of which 2 100 000 tonnes of hazardous waste and 2 620 000 tonnes of non-hazardous waste); -until 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); -until 31 December 2011:2 470 000 tonnes (all of non-hazardous waste).


d) by way of derogation from the second indent of subparagraph (g)) of article 2 of Directive 1999/31/EC and without prejudice to Directive 75/442/EEC and Directive 91/689/EEC, permanent installations used for temporary storage of hazardous waste produced in Romania are not considered landfills in Romania until 31 December 2009.

Romania shall submit to the Commission by 30 June each year, as of 30 June 2007, a report on the gradual implementation of the directive and compliance with these intermediate targets.

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 of 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 of 31.12.2003, p. 106).

By way of derogation from paragraph 5 of article 5 and paragraph 2 of article 7 of Directive 2002/96/EC, Romania shall attain the minimum rate of separate collection of four kilograms on average per inhabitant per year of WEEE from private households, the rate of recovery and the rate of reuse and recycling of components, materials and substances until 31 December 2008.

C. WATER QUALITY 1. 31983 L 0513: Council Directive 83/513/EEC of 26 September 1983 on limit values and quality objectives for cadmium discharges (OJ L 291 of 24.10.1983, p. 1), as amended by 31991 L 0692: Council Directive 91/692/EEC of 23.12.1991 (OJ L 377 of 31.12.1991, p. 48);

31984 L 0156: Council Directive 84/156/EEC of 8 March 1984 on limit values and quality objectives for mercury discharges by sectors other than the chlor-alkali electrolysis industry (OJ L 74 of 17.3.1984, p. 49), as amended by 31991 L 0692: Council Directive 91/692/EEC , of 23.12.1991 (OJ L 377 of 31.12.1991, p. 48).

By way of derogation from article 3 and annex I of Directive 83/513/EEC and article 3 and annex I to Directive 84/156/EEC, the limit values for discharges of cadmium and mercury into the waters referred to in article 1 of 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 to the following industrial installations: ARIEŞMIN SA Baia de Arieş-Valea Sărtaş-Baia de Arieş-Alba county ARIEŞMIN SA Baia de Arieş-ape de mină – Baia de Arieş – Alba county in TURŢ – Turţ – Satu Mare SM BAIA BORŞA-evacuare ape de mină Gura Băii – Borşa – Romania SM BAIA BORŞA-evacuare ape de mină Burloaia-Borşa – Romania SM BAIA BORŞA-evacuare Colbu-Toroioaga-Borşa – district of Maramureş in BAIA SPRIE – Baia Sprie – Romania 1 OJ L 129 of 18.5.1976, p. 23. Directive as last amended by Directive 2000/60/EC of the European Parliament and the Council (OJ L 327 of 22.12.2000, p. 1).

In CAVNIC-Cavnic-Romania in BĂIUŢ-Băiuţ-Romania S.C. Romplumb SA BAIA MARE-evacuare în canal de. transport-Baia Mare-Romania SUCURSALA MINIERĂ BAIA MARE-flota ţie centrală – Baia Mare – Romania SM BAIA BORŞA-evacuare ape flotaţie-Borşa-Maramureş Romarm Tohan Zărneşti district-Zărneşti-Braşov district S.C. Viromet SA Victoria-Victoria-Braşov S.C. Electrocarbon SA Slatina-R 1 – Slatina – Olt S.C. Electrocarbon district SA Slatina-R 2-Slatina-Olt district S.C. Electrocarbon SA Slatina-R 3-Slatina-Olt S.C. Electrocarbon district SA Slatina-R 4-Slatina-Olt S.C. Electrocarbon district SA Slatina-R 5-Slatina-Olt S.C. Electrocarbon district SA Slatina-R 6-Slatina-Olt S.C. Electrocarbon district SA Slatina-R 7-Slatina-Olt district S.C. GECSAT Târnăveni-Târnăveni-Mureş SGDP BAIA BORŞA district – Borşa – Maramureş SPGC SEINI district – Seini – Romania S.C. VITAL BAIA MARE-evacuare staţie-Baia Mare-Romania S.C. IMI SA BAIA MARE-evacuare staţie mina Gothandaraman-Baia Mare-Romania S.C. WEST CONSTRUCT MINA SOCEA – Valea Socea – Romania 2. 31984 L 0491: Council Directive 84/491/EEC of 9 October 1984 on limit values and quality objectives for discharges of hexachlorocyclohexane (OJ L 274 of 17.10.1984, p. 11), as amended by 31991 L 0692: Council Directive 91/692/EEC of 23.12.1991 (OJ L 377 of 31.12.1991, p. 48).

By way of derogation from article 3 and annex I to Directive 84/491/EEC, the limit values for discharges of lindane into the waters referred to in article 1 of 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 the following industrial facilities: S.C. Sinteza SA Oradea – Oradea – Bihor County S.C. OLTCHIM SA Râmnicu Vâlcea – Râmnicu Vâlcea – Vâlcea County S.C. CHIMCOMPLEX SA Borzeşti – Borzeşti – Romania 3. 31986 L 0280: Council Directive 86/280/EEC of 12 June 1986 on limit values and quality objectives for discharges of certain dangerous substances included in list I of the annex to Directive 76/464/EEC (OJ L 181 of 4.7.1986, p. 16), as last amended by 31991 L 0692: Council Directive 91/692/EEC of 23.12.1991 (OJ L 377 of 31.12.1991 , p. 48).

By way of derogation from article 3 and annex II to Directive 86/280/EEC, the limit values for discharges of hexachlorobenzene, hexachlorobutadiene, 1.2-dichloroethane, trichloroethylene and trichlorobenzene in the waters referred to in article 1 of Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the community 2
, shall not apply in Romania until 31 December 2009 to the following industrial installations: S.C. NUTRISAM SATU MARE-Ferma MOFTIN-Satu Mare-Satu Mare S.C. MARLIN SA ULMENI – Ulmeni – Romania S.C. PROMISED – Satu Mare – Romania ARDUDANA ARDED-Arded – Romania SM BAIA BORŞA-evacuare ape de mină Gura Băii-Borşa-Romania 1

OJ L 129 of 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 of 22.12.2000, p. 1).
2 OJ L 129 of 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 of 22.12.2000, p. 1).

SM BAIA BORŞA-evacuare Colbu-Toroioaga-Borşa – Maramureş ERS CUG CLUJ district-evacuare 3-Cluj-Napoca-Romania S.C. ARMĂTURA CLUJ-6 evacuări directe-Cluj-Napoca district-SUCURSALA MINIERĂ BAIA MARE-Cluj flota ţie centrală – Baia Mare-Romania S.C. OLTCHIM SA – Râmnicu Vâlcea – Vâlcea County S.C. CHIMCOMPLEX SA Borzeşti-M 1-Borzeşti-Bacău S.C. Electrocarbon district SA Slatina-R 2-Slatina-Romania CLUJ evacuare staţie S.C. THERAPY – 3 + staţie 2-Cluj-Napoca-Romania S.C. PHOENIX ROMÂNIA CAREI-Carei-Satu Mare S.C. SILVANIA ZALĂU – Zalău – Sălaj County SNP PETROM SA-ARPECHIM Piteşti – Piteşti – Argeş S.C. TEHNOFRIG CLUJ district-evacuare 1-Cluj-Napoca-RBG ELCOND ZALĂU Romania – Zalău – Sălaj County S.C. MUCART CLUJ-Cluj-Napoca-Romania S.C. CELHART DONARIS SA Brăila – Brăila – Brăila County STRATUS MOB SA Blaj – Blaj – Alba county 4. 31991 L 0271: Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135 of 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 of 31.10.2003, p. 1).

By way of derogation from articles 3 and 4 and of paragraph 2 of article 5 of Directive 91/271/EEC, the requirements for collecting systems and treatment of urban waste water shall not fully apply in Romania until 31 December 2018, in accordance with the following intermediate targets: – until 31 December 2013, shall be achieved compliance with article 3 of the directive in the agglomerations with a population equivalent of more than 10000;

-until 31 December 2015, must be achieved compliance with paragraph 2 of article 5 of the directive in the agglomerations with a population equivalent of more than 10000.

Romania shall ensure a gradual increase of collecting systems referred to in article 3 in accordance with the following minimum rates of the total population equivalent:-61% by 31 December 2010,-69% by 31 December 2013, 80% by 31-December 2015.

Romania shall ensure a gradual increase of wastewater treatment plants referred to in article 4 and paragraph 2 of article 5 in accordance with the following minimum rates of the total population equivalent:-51% until December 31, 2010-61% by 31 December 2013,-77% by 31 December 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 of 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 of 31.10.2003 , p. 1).

By way of derogation from paragraph 2 of article 5, and article 8 of part B and part C of annex I to Directive 98/83/EC, the values set for the following parameters shall not fully apply to Romania under the conditions set out below: – until 31 December 2010 for oxidisability in agglomerations between 10000 and 100 000 inhabitants;

-until 31 December 2010 for oxidisability and turbidity in agglomerations between 10000 and 100 000 inhabitants; -until 31 December 2010 for oxidisability, ammonium, aluminium, pesticides; iron and manganese in agglomerations with more than 100 000 inhabitants; -until 31 December 2015 for ammonium, nitrates, turbidity, aluminium, iron, lead, cadmium and pesticides in agglomerations with less than 10000 inhabitants; -until 31 December 2015 for ammonium, nitrates, aluminium, iron, lead, cadmium, pesticides and manganese in agglomerations between 10000 and 100 000 inhabitants.

Romania shall ensure compliance with the requirements of the directive in accordance with the intermediate targets set out in the following table: Localities comply until December 31 2006 Population connected Total of location s Oxidabilida of% Amóni% s% will Turvaç% Nitrate Aluminum% Conc.% Cádmi,% Pesticides% Chumb Mangan are% 10000-100 000 111 73 87 100 001 200 000 14 59.5 93.7 83.8 78.4 98.2 93.4 96.4 100 100 100 100-78.6 85.7 92.9 92.9 92.9 77.8 100 100 100 100 200 000 9 > 88.9 88.9 88.9 88.9 TOTAL 1908 96.7 96.7 95.2 98.64 98.64 97.9 99.8 99.4 99.7 Localities complying by the end of 2010 Population connected Total of location s Oxidabilida of% Amóni% s% will Turvaç% Nitrate Aluminum% Conc.% cadmium, Chumb% Pesticides% Mangan are% 10000-100 000 111 100 100 100 001 80.2 97.3 98.2 96.4 96.4 94.6 90-200 000 14 100 100 100 100 100 100 100 TOTAL 1908 100 200 000 9 100 100 100 100 100 100 100 100 100 100 100 > 98.32 97.7 99.7 99.4 98.7 99.8 99.7 99.7 this derogation shall not apply to drinking water intended for food processing.

D. INDUSTRIAL POLLUTION And Risk Management 1. 31996 L 0061: Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ L 257 of 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 of 31.10.2003, p. 1).

By way of derogation from paragraph 1 of article 5 of Directive 96/61/EC, the requirements for licensing of existing installations shall not apply in Romania until the date indicated for each installation, at the premises listed below, with regard to the obligation to operate these installations in accordance with emission limit values, equivalent parameters or technical measures based on the best available techniques pursuant to paragraphs 3 and 4 of article 9: Until 31 December 2008:1. S.c. CARBID FOX SA Târnăveni (main activity 4.2) 2. S.c. AVICOLA SA Ferma Gârleni-Bac ău (main activity 6.6 a)) 3. S.c. EXPERT 2001 IMPEX SRLBistriţa-Năsăud (main activity 6.6)


Until 31 December 2009:4. S.c. UCM Reşiţa-Caraş-Severin (main activity 2.2) 5. S.c. SICERAM SA Mureş (main activity 3.5) 6. S.c. BEGA UPSOM SA Alba (main activity 4.2) 7. S.c. CELROM SA Mehedinţi (main activity 6.1) 8. S.c. COMCEH SA Călăraşi-Călăraşi (main activity 6.1 b) 9. S.c. ECOPAPER SA Zărneşti-Braşov (main activity 6.1 b) 10. S.c. RIFIL SA Neamţ (main activity 6.2) 11. S.c. AVICOLA SA Ferma Războieni-Iaşi (main activity 6.6 a) 12. S.c. AVIMAR SA Maramureş (main activity 6.6 a) 13. S.c. AVICOLA SA Iaşi-Ferma Leţcani-Iaşi (main activity 6.6 a) 14. COMBINATUL AGROINDUSTRIAL Curtici-Arad (main activity 6.6 b) 15. S.c. AVICOLA SA Slobozia Ferma Bora-Ialomi-Ialomiţa (main activity 6.6 a) 16. S.c. SUINTEST Oarja SA-Argeş (main activity 6.6 b, c) 17. S.c. AVICOLA SA Slobozia-Ferma Andrăşeşti-Ialomiţa (main activity 6.6 a) 18. S.c. AVICOLA SA Slobozia-Ferma Perieţi-Ialomiţa (main activity 6.6 a) 19. S.c. AVICOLA SA Slobozia-Ferma Gheorghe Doja-Ialomi-Ialomiţa (main activity 6.6 a) until 31 December 2010:20. S.c. ROMPLUMB SA Maramureş (main activity 2.5) 21. S.c. ROMRADIATOARE SA Braşov (main activity 2.5 b) 22. S.c. ELECTROMONTAJ SA Bucureşti (main activity 2.6) 23. HOLCIM (Romania)-Ciment Câmpulung Argeş (main activity 3.1) 24. S.c. ETERMED SA Medgidia-Constanţa (main activity 3.2) 25. S.c. CONGIPS SA (Azbest) Bihor (main activity 3.2) 26. S.c. HELIOS SA Aştileu-Bihor (main activity 3.5) 27. S.c. SOFERT SA Bacău (main activity 4.3, 4.2 b) 28. S.c. CHIMOPAR SA Bucureşti (main activity 4.1) 29. S.c. ANTIBIOTICE SA Iaşi (main activity 4.5) 30. S.c. ROMPETROL PETROCHEMICALS SRL Constanţa (main activity 4.1) 31. S.c. LETEA SA Bacău (main activity 6.1 a) 32. S.c. ZAHĂR Corabia SA-Olt (main activity 6.4 b) 33. S.c. TARGO SRL Timiş (main activity 6.4) 34. S.c. SUINPROD Roman-Neam ţ (main activity 6.6 b) 35. S.c. LUCA SUINPROD SA Codlea-Braşov (main activity 6.6 b) 36. S.c. AVICOLA Costeşti Argeş-Argeş (main activity 6.6 b) 37. S.c. AVICOLA SA Platou Avicol Brad-Bacău (main activity 6.6 a) 38. S.c. AT GRUP PROD IMPEX SRL Olt (main activity 6.6 a) 39. S.c. AVICOLA SA Ferma Gherăieşti-Bacău (main activity 6.6 a) 40. S.c. CARNIPROD SRL Tulcea-Tulcea (main activity 6.6 b) 41. S.c. PIGCOM SA Satu Nou-Tulcea (main activity 6.6 b) 42. S.c. AGROPROD IANCU SRL Urziceni-Ialomi-Ialomiţa (main activity 6.6 b) 43. S.c. CRUCIANI IMPEX SRL Deduleşti-Brăila (main activity 6.6) 44. S.c. AGROFLIP Bonţida-Cluj (main activity 6.6 b, c) 45. S.c. AVICOLA SA Slobozia Ferma Amara-Ialomiţa (main activity 6.6 a) 46. S.c. ISOVOLTA GROUP SA Bucureşti (main activity 6.7) 47. S.c. SAMOBIL SA Satu Mare (main activity 6.7) 48. S.c. ELECTROCARBON SA Slatina-Olt (main activity (6.8) 49. S.c. TRANSGOLD SA Baia Maramure tide Timiş (main activity 2.5) Until 31 December 2011:50. S.c. ORGANE DE ASAMBLARE SA Braşov (main activity 2.6) 51. HEIDELBERG CEMENT-Fieni Cement Dâmboviţa (main activity 3.1) 52. CARMEUSE România SA Argeş (main activity 3.1) 53. S.c. RESIAL SA Alba (main activity 3.5) 54. SOCIETATEA NATIONALĂ A PETROLULUI PETROM SA Sucursala Craiova, Combinatul Doljchim-Dolj (main activity 4.2, 4.1) 55. S.c. USG SA Vâlcea (main activity 4.2 d) 56. S.c. ULTEX SA Ţăndărei-Ialomiţa (main activity 6.4 b) 57. S.c. CARMOLIMP SRL Viştea de Sus-Sibiu (main activity 6.6 b) 58. S.c. AVICOLA Buftea-Ilfov (main activity 6.6 a) 59. S.c. AVICOLA SA Ferma Hemeiuş-Bacău (main activity 6.6 a) 60. S.c. SUINPROD SA Zimnicea-Ferma Zimnicea-Teleorman (main activity 6.6 b) 61. S.c. SUINPROD SA Bilciureşti-Dâmboviţa (main activity 6.6) 62. S.c. COMPLEXUL DE PORCI Brăila SA Baldovineşti-Brăila (main activity 6.6 b) 63. S.c. COMPLEXUL DE PORCI Brăila SA Tichileşti-Brăila (main activity 6.6 b) 64. S.c. AT GRUP PROD IMPEX SRL-Teleorman (main activity 6.6 a) 65. S.c. KING HAUSE ROM Cornetu SRL Filiala Mavrodin-Teleorman (main activity 6.6 a) 66. S.c. AVIKAF PROD IMPEX SRL Teleorman (main activity 6.6 a) 67. S.c. SUINPROD SA Zimnicea-Ferma Dracea-Teleorman (main activity 6.6 b) 68. S.c. ROMCIP Salcia – Teleorman (main activity 6.6 b) 69. S.c. AVIPUTNA SA Goleşti-Vrancea (main activity 6.6 a) 70. S.c. NUTRICOM SA Olteniţa Oltenitao-Călăraşi (main activity 6.6 b) 71. S.c. PIGALEX SA Alexandria – Teleorman (main activity 6.6 b) 72. S.c. PIC ROMÂNIA SRL Vasilaţi-Călăraşi (main activity 6.6 c) 73. S.c. SUINTEST SA Fierbinţi-Ialomiţa (main activity 6.6 b) 74. S.c. AGRIVAS SRL Vaslui (main activity 6.6 a) 75. S.c. AVICOLA Buftea SA Punct de lucru Turnu Măgurele-Teleorman (main activity 6.6 a) 76. S.c. C + C SA Reşiţa (main activity 6.6 b) Until 31 December 2012:77. SNP PETROM SA Sucursala ARPECHIM Piteşti-Argeş (activities 1.2, 4.1) 78. S.c. ROMPETROL Rafinare SA Constanţa (activity 1.2) 79. COMBINATUL DE OŢELURI SPECIALE Târgovişte-Dâmboviţa (main activity 2.2, 2.3) 80. S.c. COMBINATUL DE UTILAJ GREU SA Cluj (main activity 2.2, 2.3 b) 81. S.c. IAIFO Zalău-Sălaj (main activity 2.3 b, 2.4) 82. S.c. ALTUR SA Olt (main activity 2.5) 83. CNCAF MINVEST SA DEVA Filiala DEVAMIN Exploatarea minieră Deva SA Deva-Hunedoara (main activity 2.5) 84. S.c. MONDIAL SA Lugoj-Timi Mureş (main activity 3.5) 85. S.c. MACOFIL SA Târgu Jiu-Gorj (main activity 3.5) 86. S.c. CERAMICA SA Iaşi (main activity 3.5) 87. S.c. FIBREXNYLON SA Neamţ (main activity 4.1 b, d; 4.2 b; 4.3) 88. S.c. CHIMCOMPLEX SA Borzeşti-Bacău (main activity 4.1 a, b, c, d, f; 4.2 b, c, d; 4.4) 89. S.c. PEHART SA Petreşti-Alba (main activity 6.1 b) 90. S.c. CAMPOFRIO SA Tulcea-TOBACCO (main activity 6.4 a) 91. S.c. AVICOLA SA Slobozia Ferma Ion Ghica-Ialomi-Constanţa (main activity 6.6 a) 92. S.c. AVICOLA SA Platou Avicol Aviasan-Bacău (main activity 6.6 a) 93. S.c. ITAL TRUST Racoviţă SA-Sibiu (main activity 6.6 b) 94. S.c. COMTIM GROUP SRL Ferma Parţa-Timiş (main activity 6.6 b) 95. S.c. COMTIM GROUP SRL Ferma Pădureni-Timiş (main activity 6.6 b) 96. S.c. COMTIM GROUP SRL Ferma Peciu Nou-Timi Timiş (main activity 6.6 b) 97. S.c. COMTIM GROUP SRL Ferma Periam-Timi Timiş (main activity 6.6 b) 98. S.c. COMTIM GROUP SRL Ferma Ciacova-Timi Timiş (main activity 6.6 b) 99. S.c. AVICOLA LUMINA SA-Constanţa (main activity 6.6 a)


Until 31 December 2013:100. S.c. UNIO SA Satu Mare (main activity 2.3 b) 101. S.c. ARTROM SA Slatina-Olt (main activity 2.3 b, 2.6) 102. S.c. IAR SA Braşov (main activity 2.6) 103. S.c. ARIO SA Bistriţa Năsăud (main activity 2.4) 104. 102S. LAFARGE ROMCIM SA c. Medgidia-Constanţa (main activity 3.1) 105. S.c. CARS SA Târnăveni-Mureş (main activity 3.5) 106. S.c. CASIROM SA Cluj (main activity 3.5) 107. S.c. TURNU SA Turnu Măgurele-Teleorman (main activity 4.3, 4.2 b) 108. S.c. COMBINATUL DE ÎNGRĂŞĂMINTE CHIMICE SA Năvodari-Constanţa (main activity 4.3) 109. S.c. AMBRO Suceava SA-Suceava (main activity 6.1 a, b) 110. S.c. ROMSUIN TEST Periş SA-Ilfov (main activity 6.6 a) 111. S.c. NUTRICOD Codlea Sucursala Sfântu Gheorghe-Covasna (main activity 6.6 b) 112. S.c. HADITON GRUP SRL Argeş (main activity 6.6 a) until 31 December 2014:113. S.c. PETROM SA Rafinăria PETROBRAZI-Prahova (activity 1.2) 114. S.c. RAFINĂRIA ASTRA ROMÂNĂ SA Ploieşti-Prahova (activity 1.2) 115. S.c. ROMPETROL Rafinăria VEGA-Prahova (activity 1.2) 116. S.c. PETROTEL LUKOIL SA-Prahova (activity 1.2) 117. S.c. ISPAT SIDEX SA Galaţi (main activity 2.2, 2.3) 118. S.c. SIDERURGICA SA Hunedoara (main activity 2.2, 2.3) 119. S.c. KVAERNER IMGB SA Bucureşti (main activity 2.4) 120. S.c. SOMETRA SA Copşa Mică-Sibiu (main activity 2.5 a, 2.5 b, 2.1, 2.4) 121. S.c. FERAL SRL Tulcea (main activity 2.5 a) 122. S.c. METALURGICA SA Aiud-Alba (main activity 2.4, 2.3 b) 123. S.c. NEFERAL SA Ilfov (main activity 2.5 b) 124. S.c. INDUSTRIA SÂRMEI SA Câmpia Turzii-Cluj (main activity 2.2, 2.3, 2.6) 125. S.c. METALURGICA SA Vlăhiţa-Harghita (main activity 2.5 b) 126. S.c. UPETROM 1 Mai SA Prahova (main activity 2.2) 127. S.c. LAMINORUL SA Brăila (main activity 2.3) 128. S.c. AVERSA SA Bucureşti (main activity 2.4) 129. S.c. FORMA SA Botoşani (main activity 2.3) 130. S.c. ISPAT TEPRO SA Iaşi (main activity 2.3 c) 131. S.c. URBIS Armături Sanitare SA-Bucureşti (main activity 2.6) 132. S.c. BALANŢA SA Sibiu (main activity 2.6) 133. S.c. COMMET SA Galaţi (main activity 2.6) 134. CNACF MINVEST SA Deva Filiala DEVAMIN Exploatarea minieră Veţel Hunedoara (main activity 2.5) 135. S.c. MOLDOMIN SA Moldova Nouă-Caraş-Severin (main activity 2.5) 136. S.c. FIROS SA Bucureşti (main activity 3.3) 137. S.c. SINTER-REF SA Azuga-Prahova (main activity 3.5) 138. S.c. PRESCOM Braşov SA-Bra şov (main activity 3.1) 139. S.c. MELANA IV SA Neamţ (activity 4.1) 140. S.c. OLTCHIM SA Râmnicu Vâlcea-Vâlcea (main activity 4.1, 4.2, 4.3) 141. S.c. AMONIL SA Slobozia-Ialomiţa (main activity 4.3, 4.2) 142. CAROM SA Bacău (main activity 4.1 a, b, i) 143. AZOCHIM SA Săvineşti-Neamţ (main activity 4.2) 144. S.c. UZINA DE PRODUSE SPECIALE Făgăraş SA Braşov (main activity 4.6) 145. S.c. SINTEZA SA Oradea-Bihor (main activity 4.1 g; 4.2 d, e; 4.4) 146. S.c. CHIMPROD SA Bihor (main activity 4.1 b, 4.5) 147. S.c. AZUR SA Timişoara-Timiş (main activity 4.1) 148. S.c. PUROLITE SA Victoria-Braşov (main activity 4.1 d, h) 149. S.c. CELHART DONARIS SA Brăila (main activity 6.1) 150. S.c. VRANCART SA Adjud-Vrancea (main activity 6.1 b) 151. S.c. PIM SA Sibiu (main activity 6.3) 152. S.c. DANUBIANA Roman SA Neamţ (main activity 6.4 b) 153. S.c. ZAHĂRUL Românesc SA Ţăndărei-Ialomiţa (main activity 6.4 b) 154. S.c. VASCAR SA Vaslui (main activity 6.4 a) 155. S.c. MULTIVITA SA Negru Voda-Constanţa (main activity 6.5) 156. S.c. SUINPROD SA Prahova (main activity 6.6 a) 157. S.c. AVICOLA SA Ferma Şerbăneşti-Bacău (main activity 6.6 a) 158. S.c. AVICOLA BUCUREŞTI SA Punct de lucru CSHD Mihăileşti (main activity 6.6 a) 159. S.c. SUINPROD SA Bumbeşti Jiu-Gorj (main activity 6.6 a) 160. S.c. SIBAVIS SA Sibiu-Sibiu (main activity 6.6 a) 161. S.c. OLTCHIM SA Râmnicu Vâlcea Ferma 1 Frănceşti-Vâlcea (main activity 6.6 a) 162. S.c. AVIA AGROBANAT SRL Bocşa-Reşiţa (main activity 6.6 a) 163. S.c. AVICOLA Găieşti SA-Dâmboviţa (main activity 6.6 a) 164. S.c. VENTURELLI PROD SRL Sibiu (main activity 6.6 b) 165. S.c. OLTCHIM SA Râmnicu Vâlcea Ferma Budeşti-Vâlcea (main activity 6.6 a) 166. S.c. OLTCHIM SA Râmnicu Vâlcea Ferma Băbeni Mihăieşti-Vâlcea (main activity 6.6 a) 167. S.c. OLTCHIM SA Râmnicu Vâlcea Ferma 2 Frănceşti-Vâlcea (main activity 6.6 a) 168. S.c. OLTCHIM SA Râmnicu Vâlcea Ferma Băbeni-Vâlcea (main activity 6.6 a) 169. S.c. AVICOLA Bucureşti SA Sucursala Cluj-S ălişte-Cluj (main activity 6.6 a) 170. S.c. AVICOLA Bucureşti SA Sucursala CSHD Codlea-Bra şov (main activity 6.6 a) 171. S.c. Cereal Prod SA-Galaţi (main activity 6.6 a) 172. S.c. AVICOLA Mangalia SA Constanţa (main activity 6.6 a) 173. S.c. AVICOLA SA Constanţa-Constanţa (main activity 6.6 a) 174. S.c. AVICOLA BUCUREŞTI SA Punct de lucru Butimanu-Dâmbovi-Ialomiţa (main activity 6.6 a) 175. S.c. EUROPIG SA Poiana Mărului-Braşov (main activity 6.6 b) 176. S.c. SUINPROD SA Leţ-Covasna (main activity 6.6 b) 177. S.c. AVICOLA Şiviţa SA Galaţi (main activity 6.6 a) 178. S.c. COLLINI SRL Bocşa-Reşiţa (main activity 6.6 b) 179. S.c. AGROSAS SRL Timişoara-Timiş (main activity 6.6 b, c) 180. S.c. FLAVOIA SRL Platforma Hereclean-Sălaj (main activity 6.6 a) 181. S.c. ELSID SA Titu-Dâmboviţa (main activity 6.8) Until 31 December 2015:182. S.c. RAFINĂRIA STEAUA ROMÂNĂ SA Câmpina-Prahova (activity 1.2) 183. S.c. TRACTORUL UTB SA Braşov (main activity 2.3 b, 2.4, 2.6, 6.7) 184. S.c. ISPAT Petrotub SA Neamţ (main activity 2.3, 6.7) 185. S.c. ARO SA Argeş (main activity 2.3 b, 2.6) 186. S.c. STIMET SA Sighişoara-Mureş (main activity 3.3) 187. S.c. BEGA REAL SA Pleşa-Prahova (main activity 3.5) 188. S.c. AZOMUREŞ SA Târgu Mureş-Mureş (main activity 4.2, 4.3) 189. S.c. COLOROM SA Codlea-Bra şov (main activity 4.1 j) 190. S.c. SOMEŞ SA Dej-Cluj (main activity 6.1 a, b) 191. S.c. OMNIMPEX Hârtia SA Buşteni-Prahova (main activity 6.1 b) 192. S.c. PERGODUR Internaţional SA Neamţ (main activity 6.1 b) 193. S.c. PROTAN SA-Popeşti Leordeni-Ilfov (main activity 6.5) 194. S.c. PROTAN SA Bucureşti Sucursala Codlea-Bra şov (main activity 6.5) 195. S.c. PROTAN SA-Cluj (main activity 6.5)


Before 30 October 2007, should be issued licenses fully coordinates for these facilities, with individually binding timetables for the achievement of full compliance. These permits shall ensure, until October 30 2007, compliance with the General principles of the basic obligations of the operators set out 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 the incineration of waste (OJ L 332 of 28.12.2000, p. 91).

By way of derogation from article 6, paragraph 1 of article 7 and article 11 of Directive 2000/76/EC, the emission limit values and the requirements for measurements shall not apply in Romania until 31 December 2007 to 52 incinerators for medical waste and until 31 December 2008 to 58 incinerators for medical waste.

Romania shall submit to the Commission, no later than the end of the first quarter of each year, as of 30 March 2007, a report on the closure of the thermal treatment of hazardous wastes do not comply and the quantities of medical waste treated in the previous year.

3.32001 L 0080: Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ L 309 of 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 of 23.9.2003, p. 33).

the) by way of derogation from paragraph 3 of article 4(1) and part A of annexes III and IV to Directive 2001/80/EC, the emission limit values for sulphur dioxide shall not apply in Romania to the following plants until the date indicated for each plant: Until 31 December 2008: S.C. ELECTROCENTRALE DEVA SA No. 1, 4 power boilers x 264 MWth Until 31 December 2009 S.C. TERMOELECTRICA SE DOICEŞTI: No. 1, 1 steam boiler x 470 MWth Until 31 December 2010: S.C. COMPLEXUL ENERGETIC CRAIOVA S.E. CRAIOVA II-No. 1, 2 boilers x MWth S.C. COMPLEXUL ENERGETIC TURCENI 396.5 SA No. 2, 2 power boilers x 789 MWth S.C. COMPLEXUL ENERGETIC TURCENI SA No. 3, 2 power boilers x 789 MWth S.C. TERMOELECTRICA SE PAROŞENI No. 2 , 1 steam boiler Benson x 467 MWth + 1 hot water boiler x 120 MWth RAAN, BRANCH ROMAG TERMO No 2, 3 boilers x 330 MWth S.C. COLTERM SA No 7, 1 hot water boiler x 116 MWth Until 31 December 2011: CET ARAD No. 2, 2 industrial steam boilers x 80 MWth S.C. COMPLEXUL ENERGETIC CRAIOVA S.E. CRAIOVA II – paragraph 2 , 2 CAF x 116 MWth + 2 x CR 68 MWth S.C. COMPLEXUL ENERGETIC ROVINARI SA No. 2, 2 steam boilers x 879 MWth S.C. TERMOELECTRICA GIURGIU No. 1, 3 energetic steam boilers x 285 MWth S.C. ELECTROCENTRALE DEVA SA No. 2, 4 power boilers x 264 MWth S.C. PETROTEL-LUKOIL SA No 1, 2 DAV3 + HPM 1 x 45 MWth + 14.7 MWth S.C. PETROTEL 11.4 MWth +-LUKOIL SA No. 2 , 3 technological steam boilers x 105.5 MWth S.C. C.E.T. GOVORA No. 3, 1 boiler x 285 MWth Until 31 December 2012: CET BACĂU No. 1 BACAU, 1 steam boiler x 343 MWth S.C. ELCEN BUCUREŞTI VEST No. 1, 2 steam boilers x 458 MWth S.C. COMPLEXUL ENERGETIC CRAIOVA S.E. IŞALNIŢA, 4 boilers x 473 MWth Until 31 December 2013 : CET ARAD No. 1, 1 steam boiler x 403 MWth S.C. ELECTROCENTRALE ORADEA SA No. 2, 2 groups of steam boilers x 300 MWth + 269 MWth S.C. TERMOELECTRICA SA, SUCURSALA ELECTROCENTRALE BRĂILA, 6 steam boilers x 264 MWth S.C. CET BRAŞOV SA No 1, 2 boilers x 337 MWth S.C. ELCEN BUCUREŞTI SUD No 1, 4 steam boilers x 287 MWth S.C. ELCEN BUCUREŞTI SUD No. 2 , 2 steam boilers x 458 MWth S.C. ELCEN BUCUREŞTI PROGRESUL No 1, 4 steam boilers x 287 MWth S.C. COMPLEXUL ENERGETIC ROVINARI SA No 1, 2 steam boilers x 878 MWth S.C. ELECTROCENTRALE DEVA SA No 3, 4 power boilers x 264 MWth S.C. C.E.T. IAŞI II, 2 steam boilers x 305 MWth S.C. UZINA ELECTRICĂ ZALĂU No. 1 , 4 industrial steam boilers x 85.4 MWth S.C. TERMICA SA SUCEAVA No 1, 2 boilers x 296 MWth S.C. COLTERM SA No 5, 1 hot water boiler x 116.3 MWth S.C. COLTERM SA No 6, 3 steam boilers x 81.4 MWth S.C. C.E.T. GOVORA No 2, 2 boilers x 285 MWth During this transitional period, sulphur dioxide emissions from all combustion plants which comply with the provisions of Directive 2001/ 80/EC shall not exceed the following intermediate ceilings:  until 2007:540 000 tonnes SO2/year;  up to 2008:530 000 tonnes SO2/year;  up to 2010:336 000 tonnes SO2/year;  up to 2013:148 000 tonnes SO2/year.

b) by way of derogation from paragraph 3 of article 4 and of annex VI to Directive 2001/80/EC, the emission limit values for nitrogen oxides shall not apply in Romania to the following plants until the date indicated for each plant: Until 31 December 2008: S.C. ARPECHIM PITEŞTI No. 2, 1 boiler BW x 81 MWth S.C. ARPECHIM PITEŞTI No. 3 , 4 boilers x 81 MWth PRODITERM BISTRIŢA, 2 hot water boilers x 116 MWth + 2 steam boilers x 69 MWth S.C. C.E.T. BRAŞOV, no. 1, 2 boilers x 337 MWth REGIA AUTONOMĂ DE TERMOFICARE CLUJ, 2 hot water boilers x 116 MWth S.C. TERMOELECTRICA GIURGIU No. 1, 3 energetic steam boilers x 285 MWth S.C. TERMOELECTRICA GIURGIU No. 2 , 2 industrial steam boilers x 72 MWth S.C. ELECTROCENTRALE DEVA SA No. 1, 4 power boilers x 264 MWth S.C. COLTERM SA No 2, 1 hot water boiler x 58.1 MWth Until 31 December 2009: CET ARAD No. 1, 1 CR steam boiler x 403 MWth CET ENERGOTERM SA REŞIŢA No 2, 1 hot water boiler x 58 MWth S.C. TERMICA TÂRGOVIŞTE , 1 hot water boiler x 58.15 MWth S.C. COMPLEXUL ENERGETIC CRAIOVA S.E. CRAIOVA II – 1, 2 boilers x 396.5 MWth S.C. CET IAŞI I no 2, 2 steam boilers x 283 MWth S.C. UZINA ELECTRICĂ ZALĂU No. 3, 1 steam boiler x 72.3 MWth Until 31 December 2010: S.C. ELECTROCENTRALE ORADEA SA No 1, 2 groups of steam boilers x 127 MWth + 269 MWth S.C. C.E. T SA No. 2 Brăila , 2 boilers x 110 MWth CET ENERGOTERM SA REŞIŢA No 1, 2 boilers x S.C. UZINA TERMOELECTRICĂ MIDIA 45.94 MWth No. 2, 1 boiler x 73 MWth S.C. UZINA TERMOELECTRICĂ MIDIA No 3, 1 boiler x 73 MWth S.C. UZINA TERMOELECTRICĂ MIDIA No 4, 1 boiler x 73 MWth S.C. TERMOELECTRICA SE DOICEŞTI No 1, 1 steam boiler Benson x 470 MWth


S.c. ELECTROCENTRALE GALAŢI No 3, 3 power boilers x 293 MWth S.C. TERMOELECTRICA SE PAROŞENI No. 2, 1 steam boiler x 467 MWth + 1 hot water boiler x 120 MWth S.C. CET IAŞI I no 1, 3 steam boilers x 94 MWth S.C. TERMICA SA SUCEAVA No 1, 2 boilers x 296 MWth S.C. TURNU SA TURNU MĂGURELE No 1 , 1 hot water boiler x 58 MWth S.C. TURNU SA TURNU MĂGURELE No 2, 1 hot water boiler x 58 MWth S.C. ENET SA No 1, 3 boilers x 18.5 MWth S.C. ENET SA No. 2, 1 hot water boiler x 58 MWth Until 31 December 2011: CET ARAD No. 2, 2 industrial steam boilers + 1 boiler x 80 MWth S.C. TERMON SA ONEŞTI , 3 boilers x 380 MWth S.C. CET SA No 1 BRĂILA, 2 boilers x 110 MWth S.C. TERMICA SA No 1 BOTOŞANI, 3 hot water boilers x 116 MWth S.C. ELCEN BUCUREŞTI SUD No 12, 2 hot water boilers x 116 MWth S.C. ELCEN BUCUREŞTI SUD No. 16, 1 hot water boiler x 116 MWth CET ENERGOTERM SA REŞIŢA No 4 , 1 hot water boiler x 58 MWth S.C. ELCEN BUCUREŞTI SE PALAS No 1, 1 hot water boiler x 116 MWth S.C. COMPLEXUL ENERGETIC CRAIOVA SE IŞALNIŢA, 4 boilers x 473 MWth S.C. ELECTROCENTRALE DEVA SA No. 2, 4 power boilers x 264 MWth S.C. CET IAŞI I no. 3, 4 hot water boilers x 116 MWth RAAN , BRANCH ROMAG TERMO No 1, 3 boilers x 330 MWth RAAN, BRANCH ROMAG TERMO No 2, 3 boilers x 330 MWth S.C. ROMPETROL SA BUCUREŞTI VEGA PLOIEŞTI, 3 technological steam boilers x 24.75 MWth S.C. PETROTEL-LUKOIL SA No 1, 2 DAV3 + HPM, 1 x 45 MWth + 14.7 MWth S.C. PETROTEL 11.4 MWth +-LUKOIL SA No. 2, 3 technological steam boilers x S.C. UZINA ELECTRICĂ ZALĂU 105.5 MWth No. 1 , 4 industrial steam boilers x 85.4 MWth S.C. COLTERM SA No 4, 1 hot water boiler x 116.1 MWth S.C. C.E.T. GOVORA No. 3, 1 boiler x 285 MWth Until 31 December 2012: CET ENERGOTERM SA REŞIŢA No 3, 1 hot water boiler x 116 MWth S.C. ELCEN BUCUREŞTI SE PALAS No. 2, 1 hot water boiler x 116 MWth S.C. ELCEN BUCUREŞTI SE MUREŞ No. 5 , 4 steam boilers x 277 MWth S.C. COLTERM SA No 6, 3 steam boilers x 81.4 MWth Until 31 December 2013: S.C. TERMOELECTRICA SA, SUCURSALA ELECTROCENTRALE BRĂILA, 6 steam boilers x 264 MWth S.C. ELCEN BUCUREŞTI SUD No 14, 1 hot water boiler x 116 MWth S.C. ELCEN BUCUREŞTI SE PALAS No. 3, 1 hot water boiler x 116 MWth S.C. ELECTROCENTRALE GALAŢI No 2 , 2 power boilers x 293 MWth S.C. ELECTROCENTRALE DEVA SA No 3, 4 power boilers x 264 MWth S.C. ELCEN BUCUREŞTI SE MUREŞ No. 1, 1 steam boiler x 277 MWth S.C. ELCEN BUCUREŞTI SE MUREŞ No. 4, 1 steam boiler x 277 MWth S.C. COLTERM SA No 5, 1 hot water boiler x 116.3 MWth S.C. COLTERM SA No 7 , 2 hot water boilers x 116.3 MWth S.C. C.E.T. GOVORA No 2, 2 boilers x 285 MWth S.C. ENET SA VRANCEA No 3, 1 hot water boiler x 116.3 MWth During this transitional period, nitrogen oxide emissions from all combustion plants pursuant to Directive 2001/80/EC shall not exceed the following intermediate ceilings :  until 2007:128 000 tonnes/year  until 2008:125 000 tonnes/year  until 2010:114 000 tonnes/year  until 2013:112 000 tonnes/year c) by way of derogation from paragraph 3 of article 4 and of annex VII to Directive 2001/80/EC, the emission limit values for dust shall not apply in Romania to the following plants until the date indicated for each installation : Until 31 December 2008: S.C. ELECTROCENTRALE DEVA SA No. 1, 4 power boilers x 264 MWth S.C. C.E.T. IAŞI II, 2 steam boilers x 305 MWth Until 31 December 2009: CET BACĂU No. 1, 1 steam boiler x 345 MWth S.C. TERMOELECTRICA GIURGIU No. 1, 3 steam boilers x 285 MWth S.C. COLTERM SA No 6 , 3 steam boilers x 81.4 MWth Until 31 December 2010: CET ARAD No. 1, 1 steam boiler x 403 MWth S.C. CET BRAŞOV SA No 1, 2 boilers x 337 MWth S.C. TERMOELECTRICA DOICEŞTI No. 1, 1 steam boiler Benson x 470 MWth S.C. COMPLEX ENERGETIC TURCENI SA No. 2, 2 power boilers x 789 MWth S.C. TERMICA SA SUCEAVA No. 1 , 2 boilers x 296 MWth S.C. CET GOVORA SA No. 3, 1 boiler x 285 MWth Until 31 December 2011: S.C. COMPLEX ENERGETIC CRAIOVA SE CRAIOVA II-2, 2 CAF x 116 MWth + 2 CR x 68 MWth S.C. COMPLEX ENERGETIC ROVINARI SA No. 2, 2 steam boilers x 879 MWth S.C. ELECTROCENTRALE DEVA SA No. 2, 4 power boilers x 264 MWth S.C. PETROTEL LUKOIL SA No. 1 , DAV3 + HPM, 1 x 45 MWth + 14.7 MWth S.C. PETROTEL 11.4 MWth + LUKOIL SA No. 2, 3 technological steam boilers x 105.5 MWth S.C. ALUM SA TULCEA No 1, 3 boilers x 84.8 MWth +1 x 72.6 MWth S.C. CET GOVORA SA No. 2, 2 boilers x 285 MWth Until 31 December 2013: S.C. COMPLEX ENERGETIC Rovinari SA No. 1 , 2 steam boilers x 878 MWth S.C. ELECTROCENTRALE DEVA SA No 3, 4 power boilers x 264 MWth S.C. UZINA ELECTRICĂ ZALĂU No. 1, 4 steam boilers x 85.4 MWth S.C. ELECTROCENTRALE ORADEA SA No. 2, 2 groups of steam boilers x 300 MWth + 1 x 269 MWth During this transitional period, dust emissions from all combustion plants pursuant to Directive 2001/80/EC shall not exceed the following intermediate ceilings:  until 2007:38 600 tonnes/year;  up to 2008:33 800 tonnes/year;  up to 2010:23 200 tonnes/year;  up to 2013:2000 tons/year.

d) by way of derogation from paragraph 3 of article 4 and of annex VI to Directive 2001/80/EC, the emission limit values for nitrogen oxides, applicable from 1 January 2016 to installations with a heat output of more than 500 MWt, combustion shall not apply in Romania until 31 December 2017 to the following plants : S.C. ELECTROCENTRALE ORADEA SA No. 2, 2 groups of steam boilers x 300 MWth + 1 steam boiler x 269 MWth; S.c. ELECTROCENTRALE DEVA SA No. 2, 4 power boilers x 264 MWth;

S.c. COMPLEXUL ENERGETIC ROVINARI SA No. 2, 2 steam boilers x 879 MWth; S.c. COMPLEXUL ENERGETIC TURCENI SA No. 3, 2 power boilers x 789 MWth; S.c. ELECTROCENTRALE DEVA SA No. 1, 4 power boilers x 264 MWth; S.c. TERMICA SA SUCEAVA No 1, 2 boilers x 296 MWth.

During this transitional period, nitrogen oxide emissions from all combustion plants pursuant to Directive 2001/80/EC shall not exceed the following intermediate ceilings:  until 2016:80 000 tonnes/year;  up to 2017:74 000 tonnes/year.


e) Romania shall submit to the Commission not later than 1 January 2011, an updated plan, including an investment plan, for the gradual alignment of remaining non-compliant plants with clearly defined stages for the application of the acquis. These plans shall ensure a further reduction of the emissions to a level significantly below the intermediate targets specified in paragraphs (a) to (d)) above), in particular with regard to emissions relating to 2012. If, taking into account in particular the environmental effects and the need to reduce distortions of competition in the internal market resulting from the transitional measures, the Commission considers that the above plans are not sufficient to meet these objectives, it shall inform Romania. Within three months, Romania shall communicate the measures it has taken to meet these objectives. If, subsequently, in consultation with Member States, the Commission considers that these measures are not sufficient to achieve those objectives, shall initiate an infringement procedure under article 226 of the EC Treaty.

Appendix A to annex VII restructuring of the Romanian steel industry (referred to in annex VII, Chapter 4, section B) part I COMPANIES BENEFITING FROM STATE AID UNDER the STEEL RESTRUCTURING PROGRAMME of ROMANIA-Ispat Sidex Galaţi Siderurgica Hunedoara COS Târgovişte – – – CS Reşiţa IS Câmpia Turzii Donasid – – (Siderca) Călăraşi PART II schedule and DESCRIPTION of CAPACITY CHANGES 1 Installation Change the capacity (tonnes) date of termination of production date of permanent closure Siderurgica Hunedoara wire rod No 1-400 000 1995 1997 wire rod No 3-medium Sections 480 000 280 000 1998 2000-1st quarter of 2008 2nd quarter 2008 IS Câmpia Turzii wire rod No 1-80 000 1995 1996 CS Reşiţa light Sections-80 000 2000 2001 wheels for track-heavy Sections 220 000-40 000 1999 2000 4th quarter of 2007 second quarter 2008 average and special Sections-120 000 4th quarter of 2006 4th quarter 2007 Donasid (Siderca) Călăraşi medium Sections 350 000 1997 1999 net capacity Change-2 050 000 1 The capacity reductions should be permanent, in accordance with Commission decision No 3010/91/ECSC of 15 October 1991 (OJ L 286 of 16.10.1991, p. 20).

PART III RESTRUCTURING BENCHMARKS 1. Viability taking into account the special accounting rules applied by the Commission, each benefiting company shall achieve a minimum annual gross operating result in relation to turnover (10% for non-integrated steel companies and 13.5% for integrated steel mills) and a minimum income of equity of 1.5% of turnover, at the latest by 31 December 2008. This shall be verified in the independent evaluation carried out annually between 2005 and 2009, according to the provisions of annex VII, Chapter 4, section B, item 13.

2. productivity Should be gradually achieved, until 31 December 2008, an overall productivity comparable to that obtained by EU steel industry. This shall be verified in the independent evaluation carried out annually between 2005 and 2009, according to the provisions of annex VII, Chapter 4, section B, item 13.

3. Cost reductions particular importance should be given to cost reductions, which constitute one of the key elements of viability. These reductions must be fully carried out in accordance with the business plans of the beneficiary undertakings.

PART IV INDICATIVE LIST Of The INFORMATION REQUIRED 1. Production and market effects — monthly production of crude steel, semi-finished and finished products by category and by product range;

-products sold, including volumes, prices and markets; breakdown by product range.

2. Investments — details of investments;

-date of completion;

-investment costs, sources of financing and amount of any corresponding aid;

-date of payment of the aid, if appropriate.

3. Reductions in labour costs-number of posts and timetable shall be deleted;

-evolution of employment in the beneficiary companies (distinguishing between direct and indirect employment);

-evolution of employment in national steel.

4. Capacity (with regard to the entire steel sector in Romania)-date (or expected date) of cessation of production of capacities expressed in MPP (MPP being the maximum possible annual production that can be obtained in normal conditions of work) to be closed, and description of the same;

-date (or expected date) of dismantling, as defined in Commission decision No 3010/91/ECSC of the Commission, concerning the information to be provided by steel industries about their investments, 1 of the installation concerned and details of this dismantling;

-date (or expected date) of introduction of new capacities and description of the same;

-evolution of total capacity in Romania, of crude steel and finished products by category.

5. Costs – breakdown of costs and their respective evolution in the past and in the future, in particular by reducing labor costs, energy consumption, lower costs of raw materials, accessories and external services reduction.

6. Financial performance – evolution of certain significant financial ratios to verify the progress made towards viability (the financial results and ratios must be provided in a form that allows to compare them with the company's financial restructuring plan and must include the Commission's viability test);

 details of taxes and duties paid including information on any deviations from the tax and customs rules normally applicable;

– level of financial charges;
1 OJ L 286 of 16.10.1991, p. 20.

-details of the payment of the aid already granted and timetable in accordance with the terms of the Act;

-terms and conditions of any new loans (irrespective of your origin).

7. Creation of a new company or new plants incorporating capacity increases – identity of each shareholder of the private or public sector;

-sources of financial contributions to the creation of a new company or new plants;

-terms and conditions for the participation of public and private investors;

-management structure of the new company.

8. Changes to the property.



Appendix B to annex VII


List of meat-processing establishments, poultry meat and milk and milk products referred to in annex VII, Chapter 5, section B, Subsection I meat-processing establishments no Vet no establishment name site of premises concerned 1 5806/2000 Comb Agroind Curtici str. Revoluţiei, nr. 33, Curtici, jud. Arad 2 5065/2000 S.C. RB Prod S.R.L. str. Constituţiei, Arad, jud. Arad 3101/2000 S.C. Cominca S.A. str. Octavian Goga, nr. 4, Oradea, jud. Bihor 4102/1999 S.C. Prodaliment S.A. str. Republicii, nr. 101, Salonta, jud. Bihor 5115/1996 S.C. Ferm Com Prod S.R.L. Căldărăşti, jud. 6 1446/2002 Romania S.C. Izocon MC S.A. Cuza Vodă, jud. Călăraşi 19 7/2002 S.C. Carnob S.R.L. str. Lebedelor, nr. 1, Lumina, jud. 8154/1999 S.C. Casalco Constanţa S.A. str. Jókai Mór, nr. 9-11, SF. Gheorghe, jud. Covasna 9312/1999 S.C. Olas Prod S.R.L. str. n. Romanescu, nr. 28, Craiova, jud. Dolj 58 10/2001 S.C. Elan Trident S.R.L. str. Rákóczi, Miercurea Ciuc, jud. Harghita 11143/1999 S.C. Lorialba Prest S.R.L. str. Crişul Alb, nr. 1, Brad, jud. Romania 12 4585/2002 S.C. Agro Prod Com Dosa S.R.L. str. Principală, nr. 79, Chibed, jud. Mureş 13 2585/2000 S.C. Cazadela S.R.L. str. Oltului, nr. 34, Reghin, jud. Mureş 4048/14 2000 S.C. Coniflor S.R.L. str. Petru Maior, Gurghiu, jud. Mureş 15422/1999 S.C. Prodprosper S.R.L. Dumbravei str., nr. 18, Dumbrava Roşie, jud. Neamţ 16549/1999 S.C. Tce 3 Brazi S.R.L. Zăneşti, jud. Romania 17 24/2000 S.C. Spar S.R.L. str. Gării, nr. 10, Potcoava Cîrsteşti, jud. OLT 2076/2002 18 S.C. Simona S.R.L. str. Popa Şapcă, nr. 105, Balş, jud. OLT 19 86/2002 S.C. Universal S.R.L. Crişeni, jud. Sălaj 5661/20 2002 S.C. Harald S.R.L. str. Mânăstirea Humorului, nr. 76th, jud. Suceava 21 6066/2002 S.C. Raitar S.R.L. Cornu Luncii, jud. Suceava 5819/22 2002 S.C. Mara Alex S.R.L. Milişăuţi, jud. Suceava 23 93/2003 S.C. Mara Prod Com S.R.L. str. Abatorului, nr. 1 bis, Alexandria, jud. Teleorman 24 1/2000 S.C. Diana S.R.L. Bujoreni, jud. Vâlcea 25 6/1999 S.C. Diana Prod S.R.L. Vlădeşti, jud. Vâlcea meat-processing establishments (poultry) no no name of the establishment as the Vet facilities in question 1 2951/2000 S.C. Agronutrisco Impex S.R.L. str. Abatorului, 2A, Mihăileşti, jud. Giurgiu 2 3896/2002 S.C. Oprea Avicom S.R.L. str. Dealul Viilor, 5, Crăieşti, jud. Mureş milk processing Establishments and dairy products no Vet no name of the establishment of Headquarters facilities in 1999/2000 S.C. issue Alba Lact S.A. str. Muncii, nr. 4, Alba Iulia, jud. Alba 2/5158 Biolact Bihor S.R.L. Paleu 8.11.2002 S.C., jud. Bihor 2100 3/8.11.2001 S.C. Bendearcris S.R.L. Miceştii de Câmpie, nr. 202A, jud. Romania 4 2145/5.3.2002 S.C. Lech Lacto S.R.L. Lechinţa, nr. 387, jud. Romania S.C. Lacto Solomonescu 5395/18.6.2001 S.R.L. Miron Costin, Vlăsineşti, jud. Botoşani 6115/1.2.2002 S.C. Comintex S.R.L. Darabani Darabani, jud. Botoşani A343827/7 30.8.2002 S.C. Prodlacta S.A. str. Gării, nr. 403, Homorod, jud. Braşov 8258 10.4.2000 Binco Lact S.R.L. S.C./Săcele, jud. Constanţa 12203/9 25.9.2003 S.C. Lacto Genimico S.R.L. str. Căşăriei nr. 2A, Hârşova, jud. Constanţa 2721/10 S.C. Industrializarea Laptelui S.A. 28.8.2001 B-dul Independenţei, nr. 23, Târgovişte, jud. Dâmboviţa 4136/11 10.6.2002 S.C. Galmopan S.A., B-dul g. Coşbuc, Bistriţa-Năsăud, nr. 257, Galati, jud. Galaţi 5/12 7.5.1999 S.C. Sandralact S.R.L. Şos. Bucureşti-Giurgiu, km. 23, jud. Giurgiu 13213/1996 S.C. Paulact S.R.L. str. Principală, nr. 28, Sânpaul, Mureş, jud. Harghita 14625/21.11.1996 S.C. Lactis S.R.L. str. Beclean, nr. 31, Odorheiu Secuiesc, jud. Harghita 15913/Lactex – Reghin S.R.L. S.C. 17.3.2000 Jabeniţa, nr. 33, jud. Mureş 16207/21.4.1999 S.C. Midatod S.R.L. Ibăneşti, nr. 273, jud. Mureş/17391 23.4.1999 S.C. Kubo Ice Cream Company S.R.L. Dumbravei str., nr. 5, Piatra Neamţ, jud. Romania 18 1055/10.7.2000 S.C. Oltina S.A. str. a. i. Cuza, nr. 152, Slatina, jud. OLT 19282/1999 S.C. Calion S.R.L. str. Gheorghe Doja, nr. 39, Jibou, jud. Sălaj 1562/5750/20 27.12.1999 23.5.2002 S.C. Bucovina S.A. Suceava str. Humorului, nr. 4, Suceava, jud. Suceava 21 1085 Bucovina S.A. Falticeni S.C. 26.5.1999/str. Izvor, nr. 5, Falticeni, jud. Suceava 5614/22 20.4.2002 S.C. Bake Rux S.R.L. str. Burdujeni, nr. 11, Suceava, jud. Suceava 23 1659/Ecolact Milisauti S.R.L. S.C. 27.3.2003, jud. Suceava 24 1205/5.10.1999 S.C. Pro Putna S.R.L. Putna, jud. Suceava 5325/25 13.2.2002 S.C. Cetina Prod Lact S.R.L. Neagra Sarului, Saru Dornei, jud. Suceava 26 S.C. Simultan S.R.L. 5245/6.11.2001 Ortisoara, jud. Timis 2459/27 21.8.2002 S.C. Zan S.R.L. str. Celulozei, nr. 5, Zărneşti (,), jud. Brasov _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ANNEX VIII rural development (referred to in article 34 of the Act of accession) section i: TEMPORARY ADDITIONAL RURAL DEVELOPMENT MEASURES for Bulgaria and Romania the. Support for semi-subsistence farms undergoing restructuring 1) support for semi-subsistence farms undergoing restructuring shall contribute to the following objectives: to) help mitigate the problems of transition to rural exposure level of the agricultural sector and rural economy of Bulgaria and Romania to the competitive pressure of the single market;

b) Facilitate and encourage the restructuring of farms not yet be economically viable.

For the purposes of this annex, the term "semi-subsistence farms" farms producing mainly for own consumption, but also market a proportion of production.

2) To benefit from the support, the farmer must present a development plan that demonstrates the future economic viability) of the holding;

b) contains details of the investments required;

c) Describe steps and specific goals.

3) compliance with the development plan referred to in paragraph 2 shall be reviewed after three years. If the interim objectives set out in the plan have not been achieved during that review, will not be granted more support, but shall not be required for this reason the repayment of funds received.

4) the support shall be paid annually in the form of flat-rate aid up to the maximum eligible amount specified in section I G and for a period not exceeding five years.

B. producer groups 1) flat-rate support shall be granted in order to facilitate the establishment and administrative operation of producer groups which have as their objectives: a) Adapt to market requirements, the production of the producers who are members of these groups;

b) Market jointly their goods, including the preparation of sales, the centralisation of sales and supply to bulk buyers; and


c) Set common standards for the information relating to the production, especially for crops and the availability.

2) the support will be granted only to producer groups formally recognised by the competent authorities of Bulgaria or Romania between the date of accession and 31 December 2009, based on national or Community legislation.

3) the support shall be paid in annual instalments for the first five years after the date on which the producer group was recognised, shall be calculated according to the annual marketed production of the producer group and shall not exceed: a) on the first, second, third, fourth and fifth years respectively, 5%, 5%, 4%, 3% and 2% of the value of marketed production up to a maximum amount of EUR 1 000 000 and (b)) in the first, second, third, fourth and fifth years respectively 2.5%, 2.5%, 2.0%, 1.5% and 1.5% of the value of marketed production exceeding EUR 1 000 000.

In any case, support shall not exceed the maximum eligible amounts laid down in section I (G).

C. Leader + type measures 1) support may be granted to measures related to the acquisition of skills intended to prepare rural communities to design and implement local rural development strategies.

These measures may include, in particular: the) technical support to local studies and diagnoses of the territory, taking into account the wishes expressed by the populations concerned;

b) information and training of the population to encourage an active participation in the development process;

c) building representative local development partnerships;

d) integrated development strategies;

and) research funding, as well as preparation of support requests.

2) support may be granted for the adoption of territorial rural development strategies, of a pilot nature and integrated, prepared by local action groups in accordance with the principles laid down in items 12, 14 and 36 of the communication from the Commission to the Member States of 14 April 2000 laying down guidelines for the Community initiative for rural development (Leader +) 1. This support will be limited to areas which already have sufficient administrative capacity and experience of rural development approaches at the local level.

3) the local action groups referred to in point 2 may also participate in inter-territorial and transnational cooperation actions in accordance with the principles laid down in items 15 to 18 of the Commission notice referred to in paragraph 2.

4) Bulgaria and Romania and local action groups will have access to the Observatory of rural areas provided for in point 23 of the Commission notice referred to in paragraph 2.

D. consultation Services and rural outreach support shall be granted for the provision of consultancy services and rural outreach.

E. complements to direct payments 1) support may be granted to farmers eligible for complementary national direct payments or AIDS under article 143 C of Regulation (EC) No 1782/2003 2.
1 OJ C 139 of 18.5.2000, p. 5. 2 Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending regulations (EEC) No 2019/93, (EC) no 1452/2001, (EC) no 1453/2001, (EC) No 1454/2001, (EC) 1868/94 No. , (EC) No 1251/1999, (EC) No 1254/1999, (EC) no 1673/2000, (EEC) no 2358/71 and (EC) no 2529/2001 (OJ L 270 of 21.10.2003, p. 1). Regulation adapted by decision 2004/281/EC (OJ L 93 of 30.3.2004, p. 1) and as last amended by Regulation (EC) No 864/2004 (OJ L 161 of 2) the support granted to a farmer in respect of the years 2007, 2008 and 2009 shall not exceed the difference between: a) the level of direct payments applicable in Bulgaria or Romania in the year concerned in accordance with article 143a of Regulation (EC) no 1782/2003, and b) 40% of the level of direct payments applicable in the community, in your composition on 30 April 2004 in the relevant year.

3) the Community contribution to support granted under this Subsection E in Bulgaria or Romania in respect of each of the years 2007, 2008 and 2009 shall not exceed 20% of its respective annual allocation. However, Bulgaria or Romania may replace this 20% annual rate for the following rates: 25% for 2007, 20% for 2008 and 15% for 2009.

4) the support granted to a farmer under this Subsection and shall be considered as complementary national direct payment or assistance, as the case may be, for the purposes of applying the maximum levels set out in (a)) of paragraph 2 of article 143 C of Regulation (EC) No 1782/2003.

F. technical assistance 1) support may be granted to preparatory, monitoring, evaluation and control that are necessary for the implementation of rural development programming documents.

2) the measures referred to in paragraph 1 shall include, in particular: 30.4.2004, p. 48).

the) studies;

b) measures of technical assistance, exchange of experience and information aimed at partners, beneficiaries and the general public;

c) installation, operation and interconnection of computerised systems for management, monitoring and evaluation;

d) improvements in evaluation methods and exchange of information on best practice in this area.

G. Table of amounts for the temporary additional rural development measures for Bulgaria and Romania Measure semi-subsistence farms 1000 EUR per farm/per year producer 100 000 100 000 80 000 60 000 50 000 in the first year second year third year fourth year fifth year SECTION II: SPECIFIC PROVISIONS RELATING TO SUPPORT for INVESTMENT in Bulgaria and Romania 1) support for investment in agricultural holdings to the under the regulations concerning rural development in force on the date of accession shall be granted to agricultural holdings for which economic viability can be demonstrated at the end of the realisation of the investment.

2) the total amount of support for investment in agricultural holdings, expressed as a percentage of the volume of eligible investment, shall be subject to a maximum limit of 50% and, in less-favoured areas, 60%, or the percentages established in the relevant rural development regulation in


force on the date of accession, whichever is higher. Where investments are made by young farmers, as defined in 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, 65%, or the percentages established in the relevant rural development regulation in force on the date of accession, whichever is higher.

3) support for investments for improving the processing and marketing of agricultural products under the relevant rural development regulation in force on the date of accession shall be granted to undertakings which have been granted a transitional period after accession in order to meet the minimum standards regarding the environment, hygiene and animal welfare. In this case, companies must comply with the relevant standards by the end of the transitional period specified or until the end of the investment period, whichever occurs first.

SECTION III: SPECIFIC PROVISIONS RELATING to support for early retirement in BULGARIA 1) Bulgaria's farmers which has been allocated a milk quota will be able to benefit from the early retirement scheme on condition that are less than 70 years old at the time of the transfer.

2) the amount of support shall be subject to the maximum amounts laid down in the relevant rural development regulation in force on the date of accession and shall be calculated according to the volume of the milk quota and the total farming activity on the holding.

3) milk quotas allocated to a transferor shall revert in favour of the national milk quota reserve without compensatory payment.

SECTION IV: SPECIFIC FINANCIAL PROVISIONS for Bulgaria and Romania for the PERIOD 2007 to 2013 1) for the period 2007 to 2013 programming, community support granted in Bulgaria and Romania for all rural development measures will be executed in accordance with the principles laid down 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.

2) in areas covered by objective 1, the financial contribution of the community may amount to 85% for agri-environment and animal welfare, and 80% for other measures, or the percentages established in the regulations concerning rural development in force on the date of accession, whichever is higher.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 OJ L 161 of 26.6.1999, p. 1. Regulation as last amended by the 2003 Act of accession (OJ L 236 of 23.9.2003, p. 33).

ANNEX IX specific commitments undertaken, and requirements accepted, by Romania at the conclusion of the accession negotiations on 14 December 2004 (referred to in article 39 of the Act of accession) i. with reference to article 39 1 2) Implement the Schengen action plan, as published in m. Of., p. I, no. 129 bis/10. II. 2005, amended in line with the acquis and within the deadlines set.

2) in order to ensure a high level of control and surveillance at the future external borders of the Union, to intensify the efforts in the field of modernization of the equipment and infrastructure at the border green blue border and border crossing points, and further strengthening the capacity of operational risk analysis. This should be recorded in a single multi-annual investment plan, to be submitted no later than March 2005, on the basis of which the Union should be able to evaluate annually the progress achieved, until the decision referred to in paragraph 2 of article 4 of the Act with respect to Romania. Romania should also increase considerably the scheduled recruitment agents and 4 438 border police officers and in particular ensure that the establishment plan is complete as far as possible, the date of accession, along the borders with Ukraine and Moldova and on the Black Sea coast. Romania should also take all necessary measures to effectively combat illegal immigration, in particular by strengthening cooperation with third countries.

3) Develop and implement an action plan and a strategy for the reform of the judiciary, updated and integrated, including the main measures for implementing the law on Judicial Organisation, the law on the status of Magistrates and the law on the Superior Council of the Magistracy which entered into force on 30 September 2004. Both updated documents must be presented to the Union no later than March 2005, being necessary to ensure adequate human and financial resources to the implementation of the action plan, which should take place without delay, in accordance with the timetable laid down. Romania must still demonstrate until March 2005, the new system of random distribution of cases is fully operational.

4) Intensify the fight against corruption and in particular against corruption by ensuring a rigorous implementation of anti-corruption legislation and the effective independence of the public prosecutor's Department to Combat Corruption and presenting an annual report on the activities of this compelling body in the fight against corruption. This Department must be provided with the financial and human resources for training and all equipment that the fulfillment of your vital function require.


5) conduct an independent audit of the results and the impact of the current national strategy to combat corruption; they must state the conclusions and recommendations of this audit in the new multi-annual anti-corruption strategy, which should be a single and comprehensive document to be drawn up by March 2005 at the latest, accompanied by an action plan with benchmarks and clearly defined goals, as well as of appropriate budgetary provisions; the implementation of the strategy and action plan must be inspected by an existing body, clearly defined and independent; the strategy must include the commitment to review, by the end of 2005, the excessively lengthy criminal process to ensure that corruption cases are dealt with speedily and transparency, in order to ensure the application of appropriate penalties to deterrent effect; Finally, it should provide for measures to reduce considerably, until the end of 2005, the number of competent bodies in the prevention or investigation of cases of corruption, in order to avoid overlapping of responsibilities.

6) Ensure by March 2005, a clear legal framework for the functions and the cooperation between the gendarmerie and the police, in particular as regards the implementation legislation, and develop and implement a clear recruitment plan by mid-2005 for both institutions, in order to achieve significant progress in the provision of police and places of 7000 18000 vacancies in the gendarmerie by the date of accession.

7) develop and implement a coherent multi-annual anti-crime strategy including concrete actions to change the status of Romania as a country of origin, transit and destination of victims of trafficking in human beings and report annually, as of March 2005 reliable statistics on how is fought this criminal phenomenon.

II. With respect to paragraph 3 of article 39 8) Ensure effective control by the competition Council of any potential State aid, in particular the State aid to be granted by way of deferred payments to the State budget of fiscal or social liabilities or deferred liabilities related to energy supply.

9) Improve without delay the results in terms of law enforcement in the field of State aid and ensure satisfactory results in the field of law enforcement both in the field of anti-trust rules as in State aid.

10) Present to the Commission by mid-December 2004 a revised steel restructuring plan (that includes a national restructuring programme and a single plan for companies) in accordance with the requirements set out in Protocol 2 on ECSC products to the Europe Agreement establishing an association between the European communities and their Member States on the one hand, and Romania, of the other part 1, as well as with the conditions set out in annex VII, Chapter 4, section B, to the Act.

Fulfil the commitment not to grant or pay any State aid to steel companies covered by the 1 strategy OJ L 357 of 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).

National restructuring between 1 January 2005 and 31 December 2008 and fully respect the State aid amounts and the conditions regarding capacity reductions to be determined in the context of Protocol 2 on ECSC products to the Europe Agreement establishing an association between the European communities and their Member States, of the one part, and Romania on the other hand.

11) continue to allocate adequate financial means and sufficient human resources and duly qualified by the competition Council.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ FINAL ACT i. TEXT of the FINAL ACT 1. The Plenipotentiaries of: His 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 of 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 CYPRUS, the PRESIDENT of the REPUBLIC OF LATVIA, the PRESIDENT of the REPUBLIC OF LITHUANIA, his 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, the FEDERAL PRESIDENT of the REPUBLIC of AUSTRIA, the 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 of the United Kingdom of Great Britain and NORTHERN IRELAND, meeting in Luxembourg on 25 April 2005 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 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.

Stated for the record that the following texts have been prepared and approved at the Conference between the 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: 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 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");

II. The texts of the Treaty establishing a Constitution for Europe, in the Bulgarian and Romanian languages;

III. The Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union (hereinafter referred to as "the Accession Protocol");

IV. The texts listed below that come attached to the Protocol of accession: a. Annex i: list of conventions and protocols to which Bulgaria and Romania accede upon accession (referred to in paragraph 3 of article 3 of the Protocol) Annex II: list of provisions of the Schengen acquis integrated into the framework of the European Union and the acts building upon it or otherwise related to it that link the new Member States and are applicable in those States from the date of accession (referred to in paragraph 1 of article 4 of the Protocol) Annex III: list referred to in article 16 of the Protocol: adaptations to acts adopted by the institutions ' Annex IV: list referred to in article 17 of the Protocol: supplementary adaptations to acts adopted by the institutions annex v: list referred to in article 18 of the Protocol : other permanent provisions annex VI: 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) Annex IX: specific commitments undertaken, and requirements accepted, by Romania at the conclusion of the accession negotiations on 14 December 2004 (referred to in article 39 of the Protocol);

B. the texts of the Treaty establishing the European Atomic Energy Community and the treaties modifying or supplementing them in the Bulgarian and Romanian languages.

V. the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the treaties on which the European Union is founded (hereinafter referred to as "Treaty of accession") SAW. The texts listed below, annexed to the Act of accession: a. Annex i: list of conventions and protocols to which Bulgaria and Romania accede upon accession (referred to in paragraph 3 of article 3 of the Act of accession) Annex II: list of provisions of the Schengen acquis integrated into the framework of the European Union and the acts building upon it or otherwise related to it that link the new Member States and are applicable in those States from the date of accession (referred to in paragraph 1 of article 4 of the Act of accession) Annex III: list referred to in article 19 of the Act of accession: adaptations to acts adopted by the institutions ' Annex IV: list referred to in article 20 of the Act of accession: supplementary adaptations of acts adopted by the institutions Annex V : List referred to in article 21 of the Act of accession: other permanent provisions annex VI: 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) Annex IX : Specific commitments undertaken, and requirements accepted, by Romania at the conclusion of the accession negotiations on 14 December 2004 (referred to in article 39 of the 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, as well as of treaties modifying or supplementing them, including the Treaty concerning the accession of the Kingdom of Denmark, of Ireland and of the United Kingdom of Great Britain and Northern Ireland, the Treaty concerning the accession of the Hellenic Republic the Treaty concerning the accession of the Kingdom of Spain and the Portuguese Republic, the Treaty concerning the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta , the Republic of Poland, the Republic of Slovenia and the Slovak Republic, in the Bulgarian and Romanian languages.

2. The High Contracting Parties had reached political agreement on a series of adjustments to the acts adopted by the institutions required by reason of accession and invited the Council and the Commission to adopt them before accession under article 56 of the Accession Protocol or, as the case may be, article 56 of the Act of accession, as referred to in paragraph 3 of article 4 of the accession treaty by supplementing them and updating them whenever necessary to take into account developments of Union law.

3. The High Contracting Parties undertake to communicate to the Commission and to each other all the information necessary for the implementation of the Accession Protocol or, as the case may be, of the Act of accession. Where necessary, this information shall be provided sufficiently in advance to the date of accession in order to permit the full application of the Accession Protocol or, as the case may be, of the Act of accession as from that date, in particular with regard to the functioning of the internal market. In this context, it is of paramount importance to early notification of the measures taken by Bulgaria and Romania in the context of 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 the date until which considers it appropriate to receive or transmit specific information. Up to the date of signature, the Contracting Parties were given a list setting out the information obligations in the veterinary field.

4. The Plenipotentiaries have taken note of the following declarations, annexed to this Final Act: a. joint declarations of the present Member States 1. Joint Declaration on the free movement of workers: Bulgaria 2. Joint Declaration on grain legumes: Bulgaria 3. Joint Declaration on the free movement of workers: Romania 4. Joint Declaration on rural development: Bulgaria and Romania B. Joint Declaration of the present Member States and the Commission 5. Joint Declaration on Bulgaria and Romania's preparations for accession c. Joint Declaration of various present 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 D. Declaration by the Republic of Bulgaria 7. Declaration by the Republic of Bulgaria on the use of the Cyrillic alphabet in the European Union 5. The Plenipotentiaries have taken note of the exchange of letters between the European Union and the Republic of Bulgaria and Romania on an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding the accession, which will annexed to this Final Act.

Съставено в Люксембург на двадесет и пети април две хиляди и пета година.

Hecho en Luxembourg, el veinticinco de April del of 1005.

V Lucemburku dne dvacátého pátého dva tisíce pět dubna.

Udfærdiget i Luxembourg den femogtyvende april to tusind og fire.

Geschehen zu Luxemburg am fünfundzwanzigsten April zweitausendfünf.

Kahe tuhande viienda aasta aprillikuu kahekümne viiendal päeval Luxembourgis.

΄Εγινε στις είκοσι πέντε στo Λουξεμβούργο, δύο χιλιάδες Απριλίου πέντε.

Done at Luxembourg on the twenty-fifth day of April in the year two thousand and five.

Fait à Luxembourg, le vingt-cinq avril deux mille cinq.

Fatto a Lussembourgo, addi ' venticinque aprile duemilacinque.

Luksemburgā, piektā divdesmit piektajā aprīlī divtūkstoš gada.

Priimta du tūkstančiai penktų balandžio penktą dieną Liuksemburge dvidešimt METU.

Kelt Luxembourgban, kettőezer év huszonötödik napján április ötödik.

Magħmul fil-Lussemburgu, fil-ħamsa u għoxrin jum ta ' tas-sena elfejn u April ħamsa.

Gedaan te Luxemburg, de vijfentwintigste april tweeduizend vijf.

Sporządzono w Luksemburgu dnia dwudziestego piątego roku dwutysięcznego piątego kwietnia.

Done at Luxembourg, 25 April 2005.

Întocmit la Luxemburg douăzecişicinci anul două mii aprilie la cinci.

V Luxembourgu, petindvajsetega aprila leta dva tisoč pet.

V Luxemburgu dvadsiateho piateho dňa apríla dvetisícpäť.

Tehty Luxemburgissa kahdentenakymmenentenäviidentenä päivänä huhtikuuta vuonna kaksituhattaviisi.

SOM skedde i Luxemburg den tjugofemte april tjugohundrafem.











II. Statements. JOINT DECLARATIONS By The Present Member States 1. JOINT DECLARATION on the free movement of workers: BULGARIA the European Union stresses the strong principles of differentiation and flexibility of the provisions on the free movement of workers. Member States shall endeavour to grant Bulgarian nationals wider access to the labour market under national law, with a view to speeding up the approximation to the acquis. As a consequence, the employment opportunities in the European Union for Bulgarian nationals should improve substantially upon Bulgaria's accession. In addition, EU Member States will in the best way the proposed provisions to advance as quickly as possible to the full application of the acquis in the field of free movement of workers.

2. JOINT DECLARATION on GRAIN LEGUMES: BULGARIA with regard to grain legumes, was considered an area of 18 047 ha for the calculation of Bulgaria's national ceiling in annex VIIIA to Regulation (EC) No 1782/2003 of 29 September 2003 (OJ L 270 of 21.10.2003, p. 1).

3. JOINT DECLARATION on the free movement of workers: ROMANIA the European Union stresses the strong principles of differentiation and flexibility of the provisions on the free movement of workers. Member States shall endeavour to grant Romanian nationals wider access to the labour market under national law, with a view to speeding up the approximation to the acquis. As a consequence, the employment opportunities in the European Union for Romanian nationals should improve substantially upon Romania's accession. In addition, EU Member States will in the best way the proposed provisions to advance as quickly as possible to the full application of the acquis in the field of free movement of workers.

4. JOINT DECLARATION on RURAL DEVELOPMENT: BULGARIA and ROMANIA as regards appropriations for commitments for rural development from the EAGGF-guarantee section-for Bulgaria and Romania over the three-year period 2007-2009 referred to in paragraph 2 of article 34 of the Protocol of accession, and in paragraph 2 of article 34 of the Act of accession the Union notes that may provide the following: appropriations (EUR milhões, 2004 prices) 2007 2007 2008 2009-2009 Bulgaria Romania 183 244 306 733 Total 577 770 961 2 308 760 1 014 1 267 3 041 the appropriations allocated to rural development of Bulgaria and Romania, exceeded the three-year period 2007-2009, will be based on existing rules or the rules arising from policy reforms that have occurred in the meantime.

B. JOINT DECLARATION Of The Present Member States And The Commission 5. JOINT DECLARATION on Bulgaria and Romania'S PREPARATIONS for accession to the European Union will continue to monitor closely the preparations of Bulgaria and Romania and the progress made, including the effective implementation of the commitments undertaken in all areas of the acquis.

The European Union recalls the Presidency conclusions of the European Council of 16 and 17 December 2004, in particular paragraphs 8 and 12, which emphasises that particular attention will be paid to preparation in the fields of Justice and Home Affairs, competition and environment, in the case of Romania, and in the fields of Justice and Home Affairs, in the case of Bulgaria. The Commission will continue to submit annual reports on the progress made by Bulgaria and Romania towards accession, together with recommendations, if appropriate. The European Union recalls that safeguard clauses will be provided for measures to address serious problems that may arise, as the case may be, before accession or in the three years after accession.

C. JOINT DECLARATION Of Various Present 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


The wording of point 13 of the transitional measures concerning the free movement of workers under Directive 96/71/EC in annexes VI and VII to both the Accession Protocol and the Act is interpreted by the Federal Republic of Germany and the Republic of Austria, in agreement with the Commission, as meaning that the expression ' certain regions ' may, where appropriate , also include the entire national territory.

D. DECLARATION By The REPUBLIC Of BULGARIA 7. DECLARATION by the REPUBLIC OF BULGARIA on the use of the CYRILLIC ALPHABET in the EUROPEAN UNION With the recognition of Bulgarian as authentic language of the treaties and as official and working language to be used by the European institutions, the Cyrillic alphabet will become one of the three alphabets officially used in the European Union. This substantial element of the cultural heritage of Europe represents a particular Bulgarian 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 on an information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding accession Letter No. 1 Dear. Sir, I have the honour to refer to the issue of information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding the accession of the country. to the European Union. That question was raised in the context of the accession negotiations.

I have the honour to confirm that the European Union can give your agreement to this procedure, in the terms set forth in the annex to this letter, which could be applied with effect from 1 October 2004.

Much would appreciate the foregoing. If you could kindly confirm the agreement of your Government and the content of this letter.

Present to you. the assurance of my highest consideration.

Letter No 2 Dear. Sir, I have the honour to acknowledge receipt of the letter, which reads as follows: "I have the honour to refer to the issue of information and consultation procedure for the adoption of certain decisions and other measures to be taken during the period preceding the accession of the country. to the European Union. That question was raised in the context of the accession negotiations.

I have the honour to confirm that the European Union can give your agreement to this procedure, in the terms set forth in the annex to this letter, which could be applied with effect from 1 October 2004.

Much would appreciate the foregoing. If you could kindly confirm the agreement of your Government and the content of this letter. "

I have the honour to confirm the agreement of the Government of my country and the content of this letter.

Present to you. the assurance of my highest consideration.

ANNEX information and consultation Procedure for the adoption of certain decisions and other measures to be taken during the period preceding accession I.

1. In order to ensure that the Republic of Bulgaria and Romania, hereinafter referred to as "acceding States", are kept properly informed, all proposals, communications, recommendations or initiatives that might result decisions of the institutions or bodies of the European Union will be brought to the attention of the acceding States after transmission to the Council.

2. Consultations shall be held upon a reasoned request of a State, which shall state explicitly the interests of that State as a future Member of the Union, as well as their comments.

3. The administrative decisions should not, in General, give rise to queries.

4. Consultations shall take place within the framework of an Interim Committee composed of representatives of the Union and of the acceding States. Unless reasoned objection from an acceding State, consultations may also take place in the form of an exchange of messages by electronic means, in particular as regards the common foreign and security policy.

5. On the part of the Union, the Interim Committee members are the members of the Committee of permanent representatives or persons designated by them for that purpose. If necessary, members may be members of the political and Security Committee. The Commission shall be invited to be represented in these works.

6. The Interim Committee shall be assisted by a secretariat, which will be the same of the Conference, held in functions for this purpose.

7. the consultations shall be carried out, as a rule, once the preparatory work developed at EU level, with a view to the adoption of decisions and common positions of the Council have allowed to define common guidelines which allow the effective organization of these consultations.

8. If, after the consultation, serious difficulties persist, the subject can be discussed at ministerial level, at the request of an acceding State.

9. The foregoing provisions shall apply mutatis mutandis to decisions of the Board of Governors of the European Investment Bank.

10. The above process provided for shall also apply to any decision to be taken by the acceding States which may have impact on the commitments resulting from the quality of your future members of the Union.

II. 11. The Union and the Republic of Bulgaria and Romania shall take the necessary measures to ensure that your accession to the agreements or conventions referred to in paragraph 3 of article 3 and paragraphs 2 and 6 of article 6 of the Protocol concerning the conditions and arrangements for Admission of the Republic of Bulgaria and Romania to the European Union and paragraph 3 of article 3 and paragraphs 2 and 6 of article 6 of the Act concerning the conditions and arrangements for accession of the Republic of Bulgaria and Romania coincides, as far as possible and subject to the conditions laid down in this Protocol and in that Act, with the entry into force of the accession treaty.

12. If the agreements or conventions between Member States only are in the design stage and cannot likely be signed during the period before accession, the candidate countries will be invited to join, after signing the Treaty of accession and in accordance with the appropriate procedures for the preparation of these projects in a constructive spirit and to facilitate your celebration.

13. With regard to the negotiation with the co-contracting countries of the protocols referred to in the second subparagraph of paragraph 2 of article 6 of the Protocol concerning the conditions and arrangements for Admission of the Republic of Bulgaria and Romania to the European Union and the second subparagraph of paragraph 2 of article 6 of the Act concerning the conditions of accession of the Republic of Bulgaria and Romania the representatives of the acceding States shall be associated with the work as observers, together with the representatives of the present Member States.


14. Some of the non-preferential agreements concluded by the community and that remain in effect after the date of accession may be the subject of adaptations or adjustments to take account of the enlargement of the Union. These adaptations or adjustments shall be negotiated by the community in association with the representatives of the acceding States, in accordance with the procedure laid down in the previous paragraph.

III. 15. The institutions shall draw up, in due course, the texts referred to in articles 58 and 60 of the Protocol concerning the conditions and arrangements for Admission of the Republic of Bulgaria and Romania to the European Union and articles 58 and 60 of the Act concerning the conditions of accession of the Republic of Bulgaria and Romania. To that end, the Governments of the Republic of Bulgaria and of Romania shall provide timely translations of these institutions.

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