Key Benefits:
MOTION FOR RESOLUTION No. 12 /X
The enlargement of the European Union represents a new and important step in the history of the
European integration and enables the Union to preserve internal cohesion and dynamism
enhancing, at the same time, its participation in the development of relations
international;
The current enlargement contributes to strengthening guarantees of peace, stability and
freedom in Europe;
Also the aim of creating an ever closer Union among the peoples of the
Europe, endowing the European Union with means that enable it to face the challenges
internal and external to which it will be necessary to cope in the coming years, is more
easily achieved through this Treaty.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following Proposal for a Resolution:
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 Republic
Italian, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the
Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom
of the Netherlands, the Republic of Austria, the Republic of Poland, the Republic
Portuguese, 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 (States-
Members 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
relating to the Conditions and Rules of Admission of the Republic of Bulgaria and Romania to the
European Union and its Annexes, the Act on the Conditions of Accession of the Republic
of Bulgaria and Romania and the Adaptations of the Treaties on which the Union is founded
European and its Attachments and the Final Act with its Declarations and Exchange of Letters between
the European Union and the Republic of Bulgaria and Romania, signed in Luxembourg, in
April 25, 2005, whose texts, in the authenticated version in Portuguese language, if
publish in attachment.
Seen and approved in Council of Ministers of July 22, 2005
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
INDEX
A. Treaty between the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the
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 Grão-
Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom
of the Netherlands, the Republic of Austria, the Republic of Poland, the Republic
Portuguese, 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 the accession of the Republic of Bulgaria and Romania to the European Union
B. Protocol on the conditions and rules of admission of the Republic of Bulgaria and
from Romania to the European Union
First Part: The principles
Second Part: Adaptations of the Constitution
Title I: Institutional provisions
Title II: Other adaptations
Third Party: Permanent provisions
Title I: Adaptations of the acts adopted by the institutions
Title II: Various provisions
Fourth Part: Temporary Provisions
Title I: Transitional measures
Title II: Institutional provisions
Title III: Financial provisions
Title IV: Various provisions
Fifth Part: Provisions relating to the application of this Protocol
Title I: Establishment of institutions and bodies
Title II: Applicability of acts of the institutions
Title III: Final provisions
Attachments
Annex I: List of conventions and protocols to which Bulgaria and Romania adhere to the
moment of accession (as referred to in Article 3 (3) of the Protocol)
Annex II: List of provisions of the Schengen acquis integrated into the framework of the Union
European and the acts in it based or in some way with it related
that binds the new Member States and are applicable in those States to
from the date of accession (as referred to in Article 4 (1) of the Protocol)
Annex III: List referred to in Article 16 of the Protocol: adaptations of acts
adopted by the institutions
1. Right of societies
Industrial property rights
I. Community mark
II. Supplementary certificates of protection
III. Drawings or community models
2. Agriculture
3. Transport policy
4. Taxation
Annex IV: List referred to in Article 17 of the Protocol: supplementary adaptations
of the acts adopted by the institutions
Agriculture
A. Agricultural Legislation
B. Veterinary and phytosanitary legislation
Annex V: List referred to in Article 18 of the Protocol: other provisions
permanent
1. Right of societies
2. Competition policy
3. Agriculture
4. 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
A. Agricultural Legislation
B. Veterinary and phytosanitary legislation
5. Transport policy
6. Taxation
7. Social policy and employment
8. Energy
9. Information and telecommunications technologies
10. Environment
A. Quality of air
B. Waste management
C. Quality of water
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
A. Tax aid
B. Restructuring of the steel sector
5. Agriculture
A. Agricultural Legislation
B. Veterinary and phytosanitary legislation
I. Veterinary Legislation
II. Phytosanitary legislation
6. Transport policy
7. Taxation
8. Energy
9. Environment
A. Quality of air
B. Waste management
C. Quality of water
D. Industrial pollution and risk management
Appendix A to Annex VII
Appendix B to Annex VII
Annex VIII: Rural Development (as referred to in Article 34 of the Protocol)
Annex IX: Specific commitments made and requirements accepted by Romania
upon the conclusion of the accession negotiations in
December 14, 2004 (as referred to in Article 39 of the Protocol)
C. Act on the conditions of accession of the Republic of Bulgaria and Romania and the
adaptations of the Treaties on which the European Union is founded
First Part: The principles
Second Part: Adaptations of Treaties
Title I: Institutional provisions
Title II: Other adaptations
Third Party: Permanent provisions
Title I: Adaptations of the acts adopted by the institutions
Title II: Various provisions
Fourth Part: Temporary Provisions
Title I: Transitional measures
Title II: Institutional provisions
Title III: Financial provisions
Title IV: Various provisions
Fifth Part: Provisions relating to the application of this Act
Title I: Establishment of institutions and bodies
Title II: Applicability of acts of the institutions
Title III: Final provisions
Attachments
Annex I: List of conventions and protocols to which Bulgaria and Romania adhere to the
moment of accession (as referred to in Article 3 (3) of the Act of Accession)
Annex II: List of provisions of the Schengen acquis integrated into the framework of the Union
European and the acts in it based or in some way with it related
that binds the new Member States and are applicable in those States to
from the date of accession (as referred to in Article 4 (1) of the Act of
Membership)
Annex III: List referred to in Article 19 of the Act of Accession: adaptations of acts
adopted by the institutions
1. Right of societies
Industrial property rights
I. Community mark
II. Supplementary certificates of protection
III. Drawings or community models
2. Agriculture
3. Transport policy
4. Taxation
Annex IV: List referred to in Article 20 of the Act of Accession: adaptations
supplementary of the acts adopted by the institutions
Agriculture
A. Agricultural Legislation
B. Veterinary and phytosanitary legislation
Annex V: List referred to in Article 21 of the Act of Accession: other provisions
permanent
1. Right of societies
2. Competition policy
3. Agriculture
4. 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
A. Agricultural Legislation
B. Veterinary and phytosanitary legislation
5. Transport policy
6. Taxation
7. Social policy and employment
8. Energy
9. Information and telecommunications technologies
10. Environment
A. Quality of air
B. Waste management
C. Quality of water
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
A. Tax aid
B. Restructuring of the steel sector
5. Agriculture
A. Agricultural Legislation
B. Veterinary and phytosanitary legislation
I. Veterinary Legislation
II. Phytosanitary legislation
6. Transport policy
7. Taxation
8. Energy
9. Environment
A. Quality of air
B. Waste management
C. Quality of water
D. Industrial pollution and risk management
Appendix A to Annex VII
Appendix B to Annex VII
Annex VIII: Rural Development (as referred to in Article 34 of the Act of Accession)
Annex IX: Specific commitments made and requirements accepted by Romania
upon the conclusion of the accession negotiations in
December 14, 2004 (as referred to in Article 39 of the Act of Accession)
Final Act
I. Text of the Final Act
II. Declarations
A. Common Statements of the present Member States
1. Joint Declaration on the free movement of workers:
Bulgaria
2. Joint Declaration on the legumes for grain: 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 of the Commission
5. Joint Declaration on the preparations of Bulgaria and the
Romania for accession
C. Joint Declaration of various current Member States
6. Joint Declaration of the Federal Republic of Germany and of the
Republic of Austria on the free movement of workers:
Bulgaria and Romania
D. Declaration of the Republic of Bulgaria
7. Declaration by the Republic of Bulgaria on the use of the
Cyrillic alphabet in the European Union
III. Exchange of Letters between the European Union and the Republic of Bulgaria and Romania
on a procedure of information and consultation 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
ON THE ACCESSION OF THE REPUBLIC OF BULGARIA
AND FROM 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,
UNIDOS in the will to pursue the achievement of the objectives of the European Union,
DECIDED to carry forward the process of creating a union more and more
close among the European peoples, based on the already established fundamentals,
CONSIDERING that Article I-58 of the Treaty establishing a Constitution for
Europe, as per Article 49 of the Treaty on European Union, offer the States
Europeans the possibility of becoming members of the Union,
CONSIDERING that the Republic of Bulgaria and Romania have asked to become
members of the Union,
CONSIDERING that the Council shall, after obtaining the opinion of the Commission and the opinion
favourable from the European Parliament, spoke out in favour of the admission of these States,
CONSIDERING that, at the time of the signing of this Treaty, the Treaty which
establishes a Constitution for Europe was signed but it was not yet ratified by
all Member States and that the Republic of Bulgaria and Romania should join the
European Union as it exists on January 1, 2007,
HAVE agreed upon the conditions and rules of admission and to that effect have designated
as plenipotentiaries:
HIS MAJESTY THE KING OF THE BELGIANS,
Karel DE GUCHT
Minister of Foreign Affairs
Didier DONFUT
Secretary of State for European Affairs, Deputy to the Minister of Business
Foreigners
THE REPUBLIC OF BULGARIA,
Georgi PARVANOV
President
Simeon SAXE-COBURG
Prime Minister
Solomon PASSY
Minister of Foreign Affairs
Meglena KUNEVA
Minister for European Affairs
THE PRESIDENT OF THE CZECH REPUBLIC,
Vladimír MÜLLER
Deputy Minister for 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,
Hans Martin BURY
Minister-Deputy, 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
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
Vassilis KASKARELIS
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
Minister Delegate to the Minister of Foreign Affairs, in charge of the
European Affairs
Pierre SELLAL
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of the French Republic to the European Union
THE PRESIDENT OF IRELAND,
Dermot AHERN
Minister of Foreign Affairs
Noel TREACY
Minister-Adjoined, responsible for European Affairs
THE PRESIDENT OF THE ITALIAN REPUBLIC,
Roberto ANTONIONE
Secretary of State for Foreign Affairs
Rocco Antonio CANGELOSI
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of the Italian Republic to the European Union
THE PRESIDENT OF THE REPUBLIC OF CYPRUS,
George IACOVOU
Minister of Foreign Affairs
Nicholas EMILIOU
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 of Foreign Affairs
Eduards STIPRAIS
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of the Republic of Latvia to the European Union
THE PRESIDENT OF THE REPUBLIC OF LITHUANIA,
Antanas VALIONIS
Minister of Foreign Affairs
Albinas JANUSKA
Undersecretary, Ministry of Foreign Affairs
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG,
Jean-Claude JUNCKER
Prime Minister, Minister of State, Minister of Finance
Jean ASSELBORN
Deputy Prime Minister, Minister for Foreign Affairs and Immigration
THE PRESIDENT OF THE REPUBLIC OF HUNGARY,
Dr. Ferenc SOMOGYI
Minister of Foreign Affairs
Dr. Etele BARÁTH
Minister without Pasta, responsible for European Affairs
THE PRESIDENT OF MALTA,
The Hon Michael FRENDO
Minister of Foreign Affairs
Richard CACHIA CARUANA
Ambassador Extraordinary and Plenipotentiary,
Permanent Representative of Malta to the European Union
HER MAJESTY THE QUEEN 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 OF AMARAL FREITAS
Minister of State and Foreign Affairs
Fernando Manuel de MENDONÇA D' OLIVEIRA NEVES
Secretary of State for European Affairs
THE PRESIDENT OF ROMANIA,
Traian BSO SESCU
President of Romania
Călin POPESCU-TĂRICEANU
Prime Minister of Romania
Mihai-Răzvan UNGUREANU
Minister of Foreign Affairs
Leonard ORBAN
Head of the Delegation for the Negotiations with the European Union
THE PRESIDENT OF THE REPUBLIC OF SLOVENIA,
Božo CERAR
Secretary of State, Ministry of Foreign Affairs
THE PRESIDENT OF THE SLOVAK REPUBLIC,
Eduard KUKAN
Minister of Foreign Affairs
József BERÉNYI
Secretary of State of the Ministry of Foreign Affairs
THE PRESIDENT OF THE REPUBLIC OF FINLAND,
Eikka KOSONEN
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
HER 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 together
of the European Union
THE QUAIS, after having exchanged their full powers recognized in good and
due shape,
THEY AGREED IN THE FOLLOWING:
ARTICLE 1.
1. The Republic of Bulgaria and Romania become members of the European Union.
2. The Republic of Bulgaria and Romania become Parties to the Treaty that
establishes a Constitution for Europe and in the Treaty establishing the Community
European Atomic Energy such as they have been amended or supplemented.
3. The conditions and rules of admission are set out in the Protocol annexed to the present
Treaty. The provisions of that Protocol are an integral part of this Treaty.
4. The Protocol, as well as its Annexes and Appendices, come annexed to the Treaty
establishing a Constitution for Europe and the Treaty establishing the Community
European Atomic Energy, making its provisions an integral part of those
Treaties.
ARTICLE 2.
1. In the eventuality of the Treaty establishing a Constitution for Europe
not be 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 such a case, paragraphs 2 a to 4 of Article 1 shall be applicable from the date of entry into
vigour of the Treaty establishing a Constitution for Europe.
2. The conditions of admission and the adjustments to the Treaties on which the
Union, arising from such admission, applicable from the date of accession to the date of
entry into force of the Treaty establishing a Constitution for Europe, are listed
of the Act annexed to this Treaty. The provisions of that Act form an integral part
of this Treaty.
3. In the eventuality of the Treaty establishing a Constitution for Europe
coming into force after accession, the Protocol referred to in Article 1 (3)
will replace the Act as referred to in Article 2 (2) on the date of entry into force of the
said Treaty. In such a case, the provisions of the cited Protocol shall be deemed not to
produce new legal effects but safeguard, under the conditions laid down in the
Treaty establishing a Constitution for Europe, in the Treaty establishing a
European Atomic Energy Community and in the said Protocol, the legal effects
already produced by the provisions of the Act referred to in Article 2 (2).
The acts adopted prior to the entry into force of the Protocol referred to in paragraph 3 of the
article 1 on the basis of this Treaty or in the Act referred to in paragraph 2 shall remain
in force and its legal effects are safeguarded until such acts are
changed or revoked.
ARTICLE 3.
The provisions relating to the rights and obligations of the Member States as well as to the
powers and competence of the institutions of the Union, as contained in the Treaties in
that the Republic of Bulgaria and Romania become parties, they are applicable in what they say
respect to this Treaty.
ARTICLE 4.
1. This Treaty shall be ratified by the High Contracting Parties, on the terms of
of the respective constitutional requirements. The instruments of ratification will be
deposited with the Government of the Italian Republic, no later than December 31
of 2006.
2. This Treaty shall enter into force on January 1, 2007, provided that all
the instruments of ratification have been deposited before that date.
If, however, one of the States referred to in Article 1 (1) has not deposited in
due time its instrument of ratification, this Treaty shall enter into force in
relation to the other State which has deposited its instrument. In this case, the
Council, acting unanimously, shall decide immediately of the adaptations which,
for that fact, it becomes indispensable to introduce in this Treaty, in Article 10, in the
n Article 11 (2), in Article 12 (1), and in Articles 22, 31, 34 and
46., and of the Protocol referred to in Article 1 (3) and, where appropriate, in the
articles 9 to 11, in Article 14 (3), in Article 15 (1), and in the
articles 31, 34., 46 and 47, as well as in paragraph 1, (b), and sections 2 and 3 of paragraph 2 of the
Annex III and in Section B of Annex IV to the Act referred to in Article 2 (2);
acting unanimously, the Council may also declare lapses or adapt
the provisions of the aforementioned Protocol, as well as of its Annexes and Appendices and, if it is
case of this, of the cited Act, as well as of its Annexes and Appendices, which refer
expressly to a State which has not deposited its instrument of ratification.
Notwithstanding the deposit of all necessary ratification instruments on the terms
of paragraph 1, this Treaty shall enter into force on January 1, 2008 if the Council
adopt a decision relating to both the acceding States under Article 39 of the
Protocol referred to in Article 1 (3), or under Article 39 of the Act to which
refer to Article 2 (2), prior to 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, the present
Treaty will enter into force in respect of that State on January 1, 2008.
3. Notwithstanding paragraph 2, the institutions of the Union may adopt, before accession, the
measures referred to in Article 3 (6), in the second paragraph of paragraph 2, in the second
paragraph 4, in the second and third subparagraphs of paragraph 7, in the second paragraph of the
n. 8 and in the third subparagraph of Article 6 (9), Articles 17 and 19, paragraphs 1 and 4
of Article 27, in Article 28 (4) and (5), in Article 29 (3) thereof, in the
Article 31 (4), Article 32 (5), paragraphs 3 and 4 of Article 34, Article 34 (5)
and 38, in Article 39 (4), in Articles 41, 42, 56, 56 and 57 and in Annexes IV to
VIII of the Protocol referred to in Article 1 (3). Such measures shall be adopted to the
under the equivalent provisions of Article 3 (6) of the second paragraph of paragraph 2,
of the second subparagraph of paragraph 4, of the second and third paragraphs of paragraph 7, of the second
paragraph 8 (8) and the third paragraph of Article 6 (9) of Articles 20 and 22,
of Article 27 (1) and (27) of Article 28 (29) and (28) of Article 29 (3) of the Article 29
Article 30 (4) of Article 31 (5) of Article 32 (3) and 4 (4),
of Articles 37 and 38, of Article 39 (4), of Articles 41, 42, 55, 56 and 57 and
of Annexes IV to VIII of the Act referred to in Article 2 (2), prior to entry into
vigour of the Treaty establishing a Constitution for Europe.
Such measures shall only come into force under reserve and at the date of entry into force of the present
Treaty.
ARTICLE 5.
The text of the Treaty establishing a Constitution for Europe, drawn up in the languages
Bulgarian and Romanian, comes annexed to this Treaty. These texts make faith in them
conditions that the texts of the Treaty establishing a Constitution for Europe
drawn up in the German, Czech, Danish, Slovenian, Slovenian, Spanish languages,
estonian, Finnish, French, Greek, Hungarian, English, Irish, Italian, Latvian, Lithuanian,
maltesa, Dutch, Polish, Portuguese and Swedish.
The Government of the Italian Republic shall refer to the Governments of the Republic of Bulgaria and of the
Romania an authenticated copy of the Treaty establishing a Constitution for the
Europe in all the languages referred to in the first paragraph.
ARTICLE 6.
The present Treaty, drawn up in a single copy, in the German, Bulgarian, Czech languages,
Danish, Slovak, Slovenian, Spanish, Estonian, Finnish, French, Greek,
Hungarian, English, Italian, Irish, Latvian, Lithuanian, Maltese, Dutch, Polish,
portuguese, Romanian and Swedish, making faith any of the texts, will be deposited in the
files of the Government of the Italian Republic, which will refer a certified copy to
each of the Governments of the other signatory States.
الالعولالولولولولولولولولولولولولولولولولعولولولولولولولولولولولولولولول
الالعولالعولالولولالعولالولالولولولالعولولولولولولولولولو
EN FE DE LO CUAL, los plenipotentiarios abajo firmantes suscriben el present
Treaty.
NA Dult KAZ ČEHOźpřipojili nigže podepsaní zplnomocnění zástupci k této smlouvě
své 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 on nimetatud täievolilised esindajad käesolevale lepingule alla
kirjutanud.
Σε ΠΙΣτου του τΑΝλτΕΡΩ, οι κάτωθι υπογεγραμμμμένοι πληρεούσιοι υπέγραταν
την παρούσα Συνθήκη.
IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Treaty.
EN WAS DE QUOI, les plénipotentiaires soussignés ont apposé leurs signatures au bas
du présent traité.
GIVES FHIANÚ SIN, chuckle at the Lánchumhachtaigh thíos-synithe a gravmh laws an gConradh
seo.
IN FEDE DI CHE, i plenipotenziari sottoscritti hanno apposite le loro firm in calce al
present trattate.
TO APLIECINOT, Pilnvarotie go parakstījuši šo Līgumu.
TAI PALIUDYDAMI šiż Sutartą pasirašė toliau nurodyti alias galiotieji atstogoes.
FENTIEK HITELÉÜL az alulírott meghatalmazottak aláírták ezt a szerződést.
B 'XIEHDA TA' DAN il-Plenipotenzjarji sottoskritti iffirmaw dan it-Trattat.
TEN BLIJKE WAARVAN from ondergetekende gevolmachtigden hun handtekening
onder dit Verdrag hebben gesteld.
W DOWÓD CZEGO niżej podpisani pełnomocnicy złożyli swoje podpisy pod
niniejszym Traktatem.
IN FÉ THAN, the undersigned plenipotentiaries apt their signatures
at the end of this Treaty.
DREPT CARE subsemnaţii plenipotenţiari au semnat prezentul tratat.
NA DÔKAZ TOHO splnomocnení zástupcovia podpísali tombs zmluvu.
V POTRDITEV TEGA so spodaj podpisani pooblaščenci podpispisali to pogodbo.
TÄMÄN VAKUUDEKSI ALLA MAINITUT täysivaltaiset edustajat ovat
allekirjoittaneet tämän sopimuksen.
SOM BEKRÄFTELSE PÅ DETTA har undertecknade befullmäktigade ombud
undertecknat detta fördrag.
Стевенининисостистесистесистеристеристеристетететететететететететететететететететететететете
Hecho en Luxembourg, el veinticinco from April del dos thousand five.
V Lucemburku dne dvacátého dubna dva tisíce pět.
Udfærdiget i Luxembourg den femogtysells april to tusind og fire.
Geschehen zu Luxemburg am fünfundzwanzigsten April zweitausendfünf.
Kahe tuhande viienda aasta aprillikuu kahekümne viiendal päeval Luxembourgis.
Entitled Εγινε στo Λουεμβουργο, στις είκοσι πέντε Απριλίου δο χο χιλιάδες 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 cuigiú there fichead d' Aibreán sa bhliain dha mhíle is a
cuig.
Fatto a Lussembourgo, addi ' venticinque aprile duemilacinque.
Luksemburgā, divtūkstoš piektā gada divdesmit piektajā aprīlī.
Priimta du tūkstančiai penktą mettle balandžio dvidešimt penktż dienż Liuksemburge.
Kelt Luxembourgban, a kettőezer ötödik év április huszonötödik napján.
Magagraph mul fil-Lussemburgu, fil-oxidizes amsa u gated oxrin jum ta ' April tas-sena elfejn u ached amsa.
Gedaan te Luxemburg, de vijfentwintigste april tweeduizend vijf.
Sporządzono w Luksemburgu dnia dwudziestego piątego kwietnia roku dwutysięcznego
piątego.
Done in Luxembourg, in twenty-five of April two thousand and five.
Întocmit la Luxemburg la douăzecişicinci aprilie anul două mii cinci.
V Luxembourgu, petindvajsetega aprila leta dva tisoč pet.
V Luxemburgu dňa dvadsiateho piateho apríla dvetisícpäcited.
Tehty Luxemburgissa kahdentenakymmenentenäviidentenä päivänä huhtikuuta vuonna
kaksituhattaviisi.
Som skedde i Luxemburg den tjugofemte april tjugohundrafem.
PROTOCOL
ON THE CONDITIONS AND RULES OF ADMISSION
OF THE REPUBLIC OF BULGARIA AND ROMANIA
TO THE EUROPEAN UNION
THE HIGH CONTRACTING PARTIES,
CONSIDERING that the Republic of Bulgaria and Romania become members of the
European Union on January 1, 2007;
CONSIDERING that Article I-58 of the Treaty establishing a Constitution for
Europe determines that the conditions and rules of admission are agreed upon between the
Member States and the candidate State,
HAVE agreed to the following provisions, which come annexed to the Treaty establishing
a Constitution for Europe and to the Treaty establishing the European Community of
Atomic energy:
FIRST PART
THE PRINCIPLES
ARTICLE 1.
1. For the purposes of this Protocol:
-by "Constitution", it is understood the Treaty establishing a Constitution for the
Europe;
-by "CEEA Treaty", is understood the Treaty establishing the European Community
of Atomic Energy, supplemented or amended by treaties or other acts which
have entered into force before accession;
-By " current Member States, understand the Kingdom of Belgium, the Republic
Czech, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of
Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the
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;
-by "new Member States", understand the Republic of Bulgaria and Romania;
-by "Institutions", they understand the Institutions created by the Constitution.
2. The references in this Protocol to the Constitution and to the Union shall, always
appropriate, be taken as references, respectively, to the CEEA Treaty and to the
Community instituted by the CEEA Treaty.
ARTICLE 2.
As from the date of accession, the provisions of the Constitution, the CEEA Treaty and the acts
adopted by the Institutions prior to accession binding Bulgaria and Romania and are
applicable in these States pursuant to the Constitution, the CEEA Treaty and the present
Protocol.
ARTICLE 3.
1. Bulgaria and Romania adhere to the decisions and agreements approved by the
Representatives of the Governments of the Member States meeting in the Council.
2. Bulgaria and Romania find themselves in the same situation as the States-
Current members with respect to statements, resolutions or other outlets
of the European Council or of the Council, as well as those relating to the Union,
adopted by common agreement by the Member States; they must therefore respect
the principles and guidelines of them arising from and take the necessary measures to
ensure the respective application.
3. Bulgaria and Romania adhere to the conventions and protocols listed in the
Annex I. These conventions and protocols will enter into force, in relation to Bulgaria and the
Romania, on the date determined by the Council in the decisions referred to in paragraph 4.
4. The Council shall, acting unanimously on a recommendation from the Commission and
after consultation with the European Parliament, it will approve European decisions by proceeding to all
the adaptations, necessary by virtue of the accession, of the conventions and protocols to which if
refers to paragraph 3 and will publish the texts adapted in the Official Journal of the European Union.
5. Bulgaria and Romania undertake, in respect of the Conventions or
protocols referred to in paragraph 3, to introduce measures, administrative and other, identical to the
adopted at the date of accession by the present Member States or by the Council, and the
facilitate practical cooperation between the institutions and organizations of the Member States.
6. The Council, acting unanimously on a proposal from the Commission, may
approving European decisions by acceding to Annex I the conventions, agreements and protocols
signed before the date of accession.
7. The specific instruments mentioned in this article include the
referred to in Article IV-438 of the Constitution.
ARTICLE 4.
1. The provisions of the Schengen acquis, referred to in Protocol No 17 of the
Constitution relating to the Schengen acquis integrated into the framework of the European Union and
the acts in it based or in some way with it related, listed in the
Annex II, as well as any other acts adopted before the date of accession,
link Bulgaria and Romania and are applicable in those states as of the date of
accession.
2. The provisions of the Schengen acquis integrated into the framework of the European Union and
the acts in it based or in some way with it related not referred to in paragraph 1,
although binding on Bulgaria and Romania as of the date of accession, they are only applicable
in each of these States by virtue of a European Council decision for the
effect, after verification, according to the Schengen evaluation procedures
applicable, of compliance in that State of the conditions required for the application of all
the parts of the acquis in question.
The Council makes its decision, after consultation with the European Parliament, acting by
unanimity of the members representing the Governments of the Member States
in respect of which the provisions referred to in this paragraph have already entered
in force and the representative of the Government of the Member State with respect to which those
provisions should come into force. The members of the Council representing the
Governments of Ireland and the United Kingdom of Great Britain and Northern Ireland will participate
in that decision in so far as the same concerns the Schengen acquis and the
acts in it based or in some way with it related in which these States
participate.
ARTICLE 5.
Bulgaria and Romania will participate in the Economic and Monetary Union as of the date
of membership as Member States that benefit from a derogation within the meaning
of Article III-197 of the Constitution.
ARTICLE 6.
1. Agreements or conventions concluded or provisionally applied by the Union
with one or more third States, with an international organization or with a
national of a third state, bind Bulgaria and Romania in the terms of the
Constitution and of this Protocol.
2. Bulgaria and Romania commit themselves to join, in the terms of the present
Protocol, agreements or conventions concluded or jointly signed by the
Union and the present Member States.
The accession of Bulgaria and Romania to the agreements or conventions concluded or signed
jointly by the Union and the present Member States with certain countries
third parties or international organizations will be agreed upon through the celebration of a
protocol to such agreements or conventions between the Council, acting by
unanimity on behalf of the Member States, and the country or third countries or the
international organization in question. The Commission shall negotiate such protocols in
name of the Member States on the basis of negotiating guidelines approved 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
projects of protocols for celebration.
This procedure is without prejudice to the exercise of the Union's own competences or
affects the allocation of powers between the Union and the Member States as regards the
celebration of such agreements in the future or any other unrelated changes
with the accession.
3. When they accede to the agreements and conventions referred to in paragraph 2, Bulgaria and the
Romania passes to have, in the framework of such agreements and conventions, the same rights and
obligations that the current Member States.
4. As of the date of accession, and pending the entry into force of the necessary
protocols referred to in paragraph 2, Bulgaria and Romania shall implement the provisions of the
agreements or conventions concluded jointly by the Union and the Member States
current before accession, with the exception of the free movement agreement of persons
celebrated with Switzerland. This obligation shall also apply to agreements or conventions
that 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 in the framework of their respective
skills, they must take the appropriate measures.
5. Bulgaria and Romania adhere to the Partnership Agreement between the States of
Africa, the Caribbean and the Pacific and the European Community and their States-
Members 1 , signed in Cotonou on June 23, 2000.
6. Bulgaria and Romania commit themselves to join, in the terms of the present
Protocol, to the Agreement on the European Economic Area 2 , pursuant to Art. 128 para.
of the said Agreement.
7. As of the date of accession, Bulgaria and Romania shall implement the agreements and
bilateral arrangements relating to textiles concluded by the Union with third countries.
The quantitative restrictions applied by the Union on imports of textile products and of
clothing must be adapted to take into account the accession of Bulgaria and Romania to the
Union. For this purpose, the Union may negotiate with the third countries in question, before
of the date of accession, amendments to the bilateral agreements and arrangements mentioned above.
1 OJ L 317, 12/15/2000, p. 3.
2 OJ L 1, 1/3/1994, p. 3.
If the amendments to the bilateral agreements and arrangements on textiles do not yet
have entered into force on the date of accession, the Union shall carry out the necessary adaptations
to its provisions on the import of textile and apparel products to have
into account the accession of Bulgaria and Romania.
8. The quantitative restrictions applied by the Union on imports of steel and
steel products must be adapted on the basis of imports, made
during the last years by Bulgaria and Romania, of steel products
coming from the supplier countries concerned.
For this purpose, they must be negotiated, prior to the date of accession, the necessary changes
to bilateral agreements and arrangements concluded by the Union with third countries.
If the amendments to the bilateral agreements and arrangements have not entered into force by the date
of the accession, the provisions of the first paragraph shall apply.
9. Fishing agreements concluded prior to accession by Bulgaria or Romania
with third countries will be managed by the Union.
The rights and obligations arising from 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
paragraph, shall be adopted, on a case by case basis, by the Council on the basis of a proposal
of the Commission, the appropriate decisions for continuation of fishing activities
arising from those agreements, including the eventual extension of some of them by
maximum periods of one year.
10. With effect from the date of accession, Bulgaria and Romania must withdraw
of any free trade agreements with third countries, notably of the Agreement
Centre-European Free Trade.
In so far as the agreements between Bulgaria, Romania or both states, by a
side, and one or more third States, on the other hand, are not compatible with the
obligations arising from this Protocol, Bulgaria and Romania shall make use of
all appropriate means to eliminate verified incompatibilities. If one of the
two states to depart with difficulties in adapting an agreement concluded before the
accession with one or more third countries, shall withdraw from the agreement, the provisions of
in it predicted.
11. Bulgaria and Romania adheres, under the conditions laid down in the present
Protocol, to the internal agreements concluded by the present Member States for
application of the agreements or conventions referred to in paragraphs 2, 5 and 6.
12. Bulgaria and Romania shall take the appropriate measures, if necessary, to
to adapt to the rights and obligations arising from its accession to the Union at its position
concerning international organizations and international agreements in which they are
also Parties to the Union or other Member States.
In particular, the new Member States should withdraw, at the date of accession or the most
quickly possible after the same, international fisheries agreements and the
organizations in which the Union is also a party, unless their quality of
member if relatione with other domains other than fishing.
13. Where in this article reference is made to conventions or agreements
entered into or signed by the Union, the referred to in Article IV shall be deemed to be included.
438. of the Constitution.
ARTICLE 7.
1. The transitional provisions set out in this Protocol may be
repealed by a European Law of the Council when they cease to apply. The
Council deliberates unanimously after consultation with the European Parliament.
ARTICLE 8.
1. Acts adopted by the Institutions to which the transitional provisions relate
set out in this Protocol retain their legal nature; in particular, the
processes for amending those acts continue to be applicable to them.
2. The provisions of this Protocol which have as an object or effect to be revoked
or amending acts adopted by the Institutions, by non-transitional title, have the same
legal nature that the provisions thus revoked or amended and shall be subject to the
same rules as the latter.
ARTICLE 9.
The application of the Constitution and the acts adopted by the Institutions shall be subject, by title
transitional, to the derogatory provisions 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 setting out the Statute of the
Court of Justice of the European Union, annexed to the Constitution and the CEEA Treaty, passes
to be replaced by the following:
" The partial replacement of judges, which takes place every three years, focuses on
alternately in fourteen and thirteen judges. "
2. Article 48 of Protocol No 3 setting out the Statute of the Court of Justice of the Union
European, annexed to the Constitution and to the CEEA Treaty, shall be replaced by the following:
" Article 48.
The General Court is composed of twenty-seven Judges. ".
ARTICLE 11.
The Protocol No 5 setting out the Statute of the European Investment Bank, annexed to
Constitution, is amended as follows:
1. In the first subparagraph of Article 4 (1):
a) The introductory sentence shall be replaced by the following:
" 1. The capital of the Bank is EUR 164795737000, subscribed by the
Member States as follows *
:
_________________
* The values mentioned for Bulgaria and Romania are indicative and
are based on the data for 2003 published by Eurostat. ";
b) Among the entries relating to Ireland and Slovakia is inserted as follows:
"Romania 846000000";
c) Among the entries relating to Slovenia and Lithuania, the following is inserted:
"Bulgaria 296000000".
2. In Article 9 (2), the first, second and third paragraphs shall have the
following wording:
" 2 . The Board of Directors is composed of 28 trustees and 18
suplent administrators.
The administrators are appointed for a period of five years by the Board of
Governors, designating each Member State an administrator. The Commission
assigns equally an administrator.
The alternate administrators are appointed for a period of five years by the
Board of Governors, on the following terms:
-two alternates designated by the Federal Republic of Germany,
-two alternates designated by the French Republic,
-two alternates designated by the Italian Republic,
-two alternates designated by the United Kingdom of Great Britain and Northern Ireland,
-a designated alternate, by mutual agreement, by the Kingdom of Spain and by
Portuguese Republic,
-a designated alternate, by common accord, by the Kingdom of Belgium, by the Grão-
Duchy of Luxembourg and the Kingdom of the Netherlands,
-two alternates designated, by common accord, by the Kingdom of Denmark, by the
Hellenic Republic, by Ireland and Romania,
-two alternates designated, by common accord, by the Republic of Estonia, by the
Republic of Latvia, by the Republic of Lithuania, by the Republic of Austria,
by the Republic of Finland and the Kingdom of Sweden,
-three alternates designated, by common accord, by the Republic of Bulgaria, by the
Czech Republic, by the Republic of Cyprus, by the Republic of Hungary, by the
Republic of Malta, by the Republic of Poland, by the Republic of Slovenia and
by the Slovak Republic,
-an alternate designated by the Commission. "
ARTICLE 12.
The first paragraph of Article 134 (2) of the CEEA Treaty, concerning the composition
of the Scientific and Technical Committee, it shall be replaced by the following:
" 2. The Committee shall be composed of forty and one members, appointed by the Council,
after consultation with the Commission. "
Title II
OTHER ADAPTATIONS
ARTICLE 13.
The last period of Article III-157 (1) of the Constitution shall have the following
wording:
" With regard to the restrictions in force in Bulgaria, Estonia and Hungary under the shelter
of the national legislations, the date in question is December 31, 1999. "
ARTICLE 14.
Article IV (1) of the Constitution shall be replaced by the following:
" 1. This Treaty shall apply to the Kingdom of Belgium, to the Republic of Bulgaria, to the
Czech Republic, the Kingdom of Denmark, to the Federal Republic of Germany, to the
Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the Republic
French, to Ireland, to the Italian Republic, to the Republic of Cyprus, to the Republic of
Latvia, to the Republic of Lithuania, to the Grand Duchy of Luxembourg, to the Republic of
Hungary, to the Republic of Malta, to the Kingdom of the Netherlands, to the Republic of Austria, to 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
Britain and Northern Ireland. "
ARTICLE 15.
1. The following subparagraph is added to Article IV-448 (1) of the Constitution:
" By virtue of the Treaty of Accession, the versions of this Treaty shall also be authentic
in the Bulgarian and Romanian languages. "
2. The second paragraph of Article 225 of the CEEA Treaty shall have the following
wording:
" They equally authentic the versions of this Treaty in the Bulgarian, Czech languages,
Danish, Slovak, Slovenian, Spanish, Estonian, Finnish, Greek, Hungarian,
english, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian and Swedish. "
THIRD PART
PERMANENT PROVISIONS
Title I
ADAPTATIONS OF ACTS ADOPTED BY THE INSTITUTIONS
ARTICLE 16.
The acts listed in Annex III to this Protocol shall be adapted in the
terms of this Attachment.
ARTICLE 17.
The adaptations of the acts listed in Annex IV to this Protocol, necessary
as a result of the accession, shall be carried out in accordance with the guidelines set out
in this Annex.
Title II
OTHER PROVISIONS
ARTICLE 18.
The measures listed in Annex V to this Protocol shall be applied in the
conditions laid down in that Annex.
ARTICLE 19.
By European law of the Council, the provisions set out in this Protocol concerning
to the common agricultural policy may suffer the necessary adaptations in
consequence of changes in Union law. The Council shall act unanimously,
after consultation with the European Parliament.
FOURTH PART
TEMPORARY PROVISIONS
Title I
TRANSITIONAL MEASURES
ARTICLE 20.
The measures listed in Annexes VI and VII to this Protocol apply, in
relation to Bulgaria and Romania, under the conditions set out in these Annexes.
Title II
INSTITUTIONAL PROVISIONS
ARTICLE 21.
1.Ao (2) of Article 1 of Protocol No 34 on transitional provisions
relating to the institutions and bodies of the Union, annexed to the Constitution and to the CEEA Treaty,
the following subparagraph is added:
" By way of derogation from the maximum number of members of the European Parliament fixed in the
n Article I-20 (2) of the Constitution, the number of members of the European Parliament
will be increased to take into account 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 parliamentary term of the European Parliament:
Bulgaria 18
Romania 35 ".
2. Before December 31, 2007, Bulgaria and Romania are expected to elect
respectively, by direct universal suffrage of its citizens, the number of
members of the European Parliament set out in paragraph 1, pursuant to the provisions of the Act
on the election of the representatives to the European Parliament by universal suffrage
direct 1 .
3. By way of derogation from Article I-20 (3) of the Constitution, if the elections have
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 Parliaments
nationals of those States from among its members, on the terms established by each
one of these states.
ARTICLE 22.
1.No second paragraph of Article 2 (2) of Protocol No 34 on the provisions
transitional relating to the institutions and bodies of the Union, annexed to the Constitution and to the
Treaty CEEA, the following shall be inserted between the entries relating to Belgium and the Republic
Czech:
"Bulgaria 10",
and, between the entries relating to Portugal and Slovenia:
"Romania 14".
2.O third paragraph of Article 2 (2) of Protocol No 34 on the provisions
transitional relating to the institutions and bodies of the Union, annexed to the Constitution and to the
Treaty CEEA, shall be replaced by the following:
" When, under the Constitution, it is mandatory to deliberate on the proposal of the
Committee, the deliberations consider themselves to be approved if they obtain, at the very least,
255 votes that exprim the favorable vote of the majority of the members. In the
1 OJ L 278, 10/8/1976, p. 5. Act with the last wording that was given by the
Decision 2002 /772/CE, Euratom of the Council (OJ L 283, 10/21/2002, p. 1).
remaining cases, deliberations are taken if they obtain, at the minimum, 255 votes
which express the favourable vote of at least two thirds of the members. ".
ARTICLE 23.
In Article 6 of Protocol No 34 on the transitional provisions relating to
institutions and bodies of the Union, annexed to the Constitution and to the CEEA Treaty, shall be inserted
next, between the entries relating to Belgium and the Czech Republic:
"Bulgaria 12",
and, between the entries relating to Portugal and Slovenia:
"Romania 15".
ARTICLE 24.
In Article 7 of Protocol No 34 on the transitional provisions relating to
institutions and bodies of the Union, annexed to the Constitution and to the CEEA Treaty, shall be inserted
next, between the entries relating to Belgium and the Czech Republic:
"Bulgaria 12",
and, between the entries relating to Portugal and Slovenia:
"Romania 15".
Title III
FINANCIAL PROVISIONS
ARTICLE 25.
1. As of the date of accession, Bulgaria and Romania shall pay the amounts to
follow discriminated against, corresponding to their share of the capital to be paid for capital
subscribed set out in Article 4 of Protocol No 5 defining the Statute of the Bank
European Investment, annexed to the Constitution 1 :
Bulgaria EUR 14800000
Romania EUR 42300000.
These quotas must be paid in eight equal instalments, to be won on May 31
from 2007, May 31, 2008, May 31, 2009, November 30, 2009,
May 31, 2010, November 30, 2010, May 31, 2011 and November 30
of 2011.
2. Bulgaria and Romania should contribute, in eight equal installments to win
on the dates referred to in paragraph 1, for the reserves and for the provisions equivalent to the
reservations, as well as for the amount that comes yet to be earmarked for the reserves and
provisions, constituted by the balance of the profit and loss account established at the end of the
month prior to accession, as appearing on the Bank's balance sheet, with amounts
corresponding to the following percentages of reserves and provisions 2 :
Bulgaria 0.181%
Romania 0.517%.
3. The capital and amounts provided for in paragraphs 1 and 2 shall be paid by Bulgaria and
by Romania in cash and in euro, unless unanimously decided by the
by the Board of Governors.
ARTICLE 26.
1. Bulgaria and Romania shall pay the following amounts to the Fund of
Research of Coal and Steel referred to in Decision 2002/234/CECA of the
Representatives of the Governments of the Member States, meeting in the Council,
1 The mentioned values are indicative and are based on the data for 2003
published by Eurostat. 2 The mentioned values are indicative and are based on the data for 2003
published by Eurostat.
of February 27, 2002, concerning the financial consequences of the cessation of
effective of the ECSC Treaty and the Research Fund for Coal and Steel 1 :
(EUR million, at current prices)
Bulgaria 11.95
Romania 29.88.
2. The contributions to the Research Fund for Coal and Steel are
carried out in four instalments beginning in 2009 and are paid in the following way,
always on the first working day of the first month of each year:
2009: 15%
2010: 20%
2011: 30%
2012: 35%.
ARTICLE 27.
1. As of the date of accession, contests, awards and payments
relating to pre-accession assistance under the Phare Programme 2 and of the program
Phare CBC 3 and assistance under the Transition Instrument to which the
article 31 will be managed, in Bulgaria and Romania, by implementing agencies to depart
of the date of accession.
The Commission shall renounce its ex-ante control of the tendering procedure and
award by the adoption of a decision for the purpose, following a
accreditation process carried out by the Commission and a positive assessment of the
Decentralized Enforcement System (EDIS), in accordance with the criteria and the
1 OJ L 79, 3/22/2002, p. 42.
2 Council Regulation (EEC) No 3906/89 of December 18, 1989 on the
economic aid in favour of certain countries in Central and Eastern Europe (OJ L 375
of 12/23/1989, p. 11). Regulation with the last wording given by the
Regulation (EC) No 769/2004 (OJ L 123, 4/27/2004, p. 1). 3 Commission Regulation (EC) No 2760/98 of December 18, 1998 on the
implementation of a cross-border cooperation programme within the framework of the Phare programme
(OJ L 345, 12/19/1998, p. 49). Regulation with the last wording that was given to it
by Regulation (EC) No 1822/2003 (OJ L 267, 10/17/2003, p. 9).
conditions set out in the Annex to Council Regulation (EC) No 1266/1999,
of June 21, 1999 on the coordination of assistance to candidate countries in the
scope 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 such a decision by the Commission to waive ex-ante control is not taken before the
date of accession, contracts signed between the date of accession and the date on which it is taken
the decision of the Commission shall not be eligible for the purposes of the pre-accession assistance.
However, exceptionally, if the decision of the Commission to waive ex-control ex-
before it is postponed beyond the date of accession for reasons not attributable to the authorities of the
Bulgaria or of Romania, the Commission may accept, in duly justified cases, the
eligibility for the pre-accession assistance of contracts signed between the date of
accession and the date of the Commission's decision, and the continuation of pre-accession assistance
for a limited period, subject to ex-ante controls, by the Commission, of the process of
contest and award.
2. The financial authorisations granted before accession in the framework of
pre-accession financial instruments referred to in paragraph 1 as well as those granted in the
scope of the Transition Instrument referred to in Article 31 after accession, including the
completion and registration of individual legal authorizations and payments resulting therefrom
granted after the accession, will continue to be governed by the rules and regulations of the
pre-accession financing instruments and will be imputed to the respective
budget chapters up to the closure of the programmes and projects concerned. No
nevertheless, the stepping up of the proceedings on public procurement initiated after the
adhesion shall elapsed under the terms of the relevant provisions of the Union.
3. The last programming exercise of the pre-accession assistance referred to in paragraph 1
will take place in the last year before the accession. The actions to be carried out in the framework of these
programmes have to be awarded in the following two years. They are not granted
1 OJ L 161, 6/26/1999, p. 68.
2 Regulation (EC, Euratom) No 1605/2002 of the Council of June 25, 2002 (OJ
L 248 of 9/16/2002, p. 1).
extensions of the award period. By exceptional title and in duly cases
warranted, limited extensions may be granted for the execution of the
contracts.
Notwithstanding, in the first two years after the accession funds may be allowed
pre-accession to cover administrative expenses, as defined in paragraph 4. To
audit and evaluation expenses, pre-accession funds may be authorised up to five
years after accession.
4. In order to ensure the necessary gradual suppression of financial instruments
of pre-accession referred to in paragraph 1, as well as of the ISPA Programme 1 , the Commission may
take appropriate measures to ensure that the statutory staff required in the
Bulgaria and in Romania be held for a maximum period of nineteen months to
count of membership. During this period, the officials, the temporary agents and the
contractual agents placed in Bulgaria and Romania prior to accession and to whom it is
requested to remain in service in these States after the date of accession,
will benefit, by exceptional title, of the same financial and material conditions
applied by the Commission prior to accession, pursuant to the Staff Regulations of Officials of the
European Communities and of the Conditions of Employment of Other Agents of these Communities,
set in Regulation (EEC, Euratom, ECSC) No 259/68 2 . The expenses
administrative, including the salaries of the remaining personnel required, will be covered by the
rubric "gradual suppression of pre-accession assistance to the new Member States"
or by equivalent headings of the General Budget intervention area of the Union
European for enlargement.
ARTICLE 28.
1. The measures which, at the date of accession, have been the subject of decisions of the Commission
on assistance under the Regulation (EC) No 1267/1999, which creates a
1 Council Regulation (EC) No 1267/1999 of June 21, 1999 establishing a
structural pre-accession instrument (OJ L 161, 6/26/1999, p. 73). Regulation with the
last amended given by Regulation (EC) No 769/2004 (OJ L 123
of 4/27/2004, p. 1). 2 OJ L 56, 3/4/1968, p. 1. Regulation with the last wording given by the
Regulation (EC, Euratom) No 723/2004 (OJ L 124, 4/27/2004, p. 1).
structural pre-accession instrument, and the implementation of which has not been completed until
that date, shall be considered approved by the Commission pursuant to the
Council Regulation (EC) No 1164/94 of May 16, 1994 establishing the
Fund of Cohesion 1 . The monies that have yet to be authorised for the purposes of the
implementation of such measures shall be under the Regulation on the Fund of
Cohesion in force at the date of accession and imputed to the chapter corresponding to this
regulation in the General Budget of the European Union. Unless otherwise provided in the
n. paragraphs 2 a to 5, shall apply to such measures as the provisions regulating the application of
measures approved under the latter regulation.
2. Any tendering process relating to the measures referred to in paragraph 1 which, at the date
of the accession, has already been the subject of publication of an invitation for submission of
proposals in the Official Journal of the European Union will be implemented under the rules
predicted in that announcement. However, the provisions of Article 165 of the Article shall not apply.
Financial Regulation applicable to the general budget of the European Communities.
Any procurement process relating to the measures referred to in paragraph 1 that do not yet
has been the subject of publication of an invitation to tender in the
Official Journal of the European Union should abide by the provisions of the Constitution and
too much acts adopted for its implementation and the policies of the Union, including the relative
protection of the environment, transport, trans-European networks, competition and the
award of public contracts.
3. The payments made by the Commission within the framework of a measure referred to in the
n. 1 shall be charged to the oldest open endowment, first of all in the terms of the
Regulation (EC) No 1267/1999 and only thereafter in the terms of the Regulation on the
Cohesion fund then in force.
4. The rules on the eligibility of expenditure under the Regulation (EC)
n. 1267/1999 shall continue to apply to 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
interested.
1 OJ L 130, 5/25/1994, p. 1. Regulation with the last wording given by the
Act of Accession of 2003 (OJ L 236, 9/23/2003, p. 33).
5. In exceptional and duly justified cases, the Commission may decide
authorize specific derogations from the rules applicable under the Regulation
relating to the Cohesion Fund in force at the date of accession with respect to the measures
referred to in paragraph 1.
ARTICLE 29.
In the case of the period of multiannual authorizations under the SAPARD Programme 1
for the arborization of agricultural land, support for the establishment of clusters
of producers or the agro-environmental schemes to exceed the final permissible date for
payments under SAPARD, pending authorizations will be covered by the
rural development program for 2007-2013. If, in that scope, they are
necessary specific transitional measures, these shall be adopted pursuant to paragraph 2
of Article 50 of the Council Regulation (EC) No 1260/1999 of June 21
of 1999, which sets out general provisions on the Structural Funds 2 .
ARTICLE 30.
1. Bulgaria, after having closed definitively, for further decommissioning, the
Unit 1 and the Unit 2 of the Kozloduy Nuclear Power Plant before 2003, in
compliance with the commitments by you undertaken, commit to close
definitely Unit 3 and Unit 4 of the said plant in 2006, as well as the
proceed to the subsequent decommissioning of these units.
2. During the period from 2007 a to 2009, the Community will grant Bulgaria
financial assistance to support their decommissioning efforts and to address the
consequences of the closure and decommissioning of Units 1 a to 4 of Central
Nuclear from Kozloduy.
1 Council Regulation (EC) No 1268/1999 of June 21, 1999 on support
community for pre-accession measures in agriculture and rural development
in the candidate countries of Central and Eastern Europe during the pre-accession period (OJ
L 161 of 6/26/1999, p. 87). Regulation with the last wording given by the
Regulation (EC) No 2008/2004 (OJ L 349, 11/25/2004, p. 12). 2 OJ L 161, 6/26/1999, p. 1. Regulation with the last wording given by the
Act of Accession of 2003 (OJ L 236, 9/23/2003, p. 33).
The assistance will cover, inter alia: measures to support the decommissioning of the
Units 1 a to 4 of the Kozloduy Nuclear Power Central; environmental adaptation measures, of
agreement with the acquis; measures to modernise the sectors of production, transport and
conventional energy distribution in Bulgaria; measures aimed at improving the
energy efficiency, intensify the use of renewable energy sources and
improve the security of energy supply.
For the period from 2007 a to 2009, assistance will be raised to 210 million euros (the
prices of 2004) in commitment appropriations, to be reallocated by equal annual instalments of
EUR 70 million (at prices of 2004).
Assistance, or parcels of it, can be made available as a contribution
community for the International Support Fund for Kozloduy Decommissioning, 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/CE,
of June 28, 1999, laying down the rules for the exercise of implementing powers
assigned to the Commission 1 . For the purpose, the Commission shall be assisted by a Committee. Are
applicable Articles 4 and 7 of Decision 1999 /468/CE. The period provided for in paragraph 3 of the
Article 4 of Decision 1999 /468/CE is six weeks. The Committee shall approve its
internal regulation.
ARTICLE 31.
1. In the first year after accession, the Union shall provide financial assistance
temporary, hereinafter referred to as the "Transition Instrument", to Bulgaria and Romania for
the development and enhancement of its administrative and judicial capacity of
implementation and compliance with Union law, as well as to foster exchange
of good practice among peers. This assistance will fund development projects
institutional and a limited number of small subsidiary investments.
1 OJ L 184, 7/17/1999, p. 23 (Rectification: OJ L 269, 10/19/1999, p. 45).
2. This assistance shall respond to the need to continue to strengthen the
institutional capacity in certain areas, through actions that cannot be
financed by the structural funds or rural development funds.
3. With regard to twinning projects between public administrations for
effects of institutional development, the procedure of
call for proposals through the network of contact points in the states-
Members, as set out in the framework agreements with Member States for
effects of pre-accession assistance.
The amount of commitment appropriations for the Transition Instrument, at prices
from 2004, to Bulgaria and Romania, will be EUR 82 million in the first year after
the accession to meet national and horizontal priorities. The appropriations will be
authorized by the budgetary authority within the limits of the Financial Perspectives.
4. The granting of assistance under the Transition Instrument will be
determined and implemented in the terms of Regulation (EEC) No 3906/89 of the
Council on Economic Aid in favour of certain Central European Countries
and Oriental.
ARTICLE 32.
1. A mechanism of financial flows and Schengen, temporary title, is created.
end of helping Bulgaria and Romania, between the date of accession and the end of 2009, the
to finance actions at the new external frontiers of the Union with a view to the implementation of the
Schengen acquis and controls at external borders, and in order to strengthen flows
financial from national budgets.
2. For the period 2007-2009, the following amounts will be made available (the
prices of 2004) to Bulgaria and Romania in the form of lump-sum payments to the
shelter from the temporary mechanism of financial flows and Schengen:
(EUR million, at prices of 2004)
2007 2008 2009
Bulgaria 121.8 59.1 58.6
Romania 297.2 131.8 130.8
3. At least 50% of the allocation of each country under the temporary mechanism of
financial and Schengen flows will be used to help Bulgaria and Romania to
to fulfil its obligation to finance actions at the new external borders of the Union,
with a view to the application of the Schengen acquis and controls at external borders.
4. You must be paid to Bulgaria and Romania a twelfth of each annual amount
on the first working day of each month of the corresponding year. The fixed amounts paid will be
used within three years from the first payment. No later than six
months from the expiry of that three-year term, Bulgaria and Romania should
submit a comprehensive report on the final implementation given to the fixed amounts paid to
title of the Schengen part of the temporary mechanism of financial flows and Schengen,
accompanied by a statement justifying the expenses. Any funds do not
used or used in an unjustified manner 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 future decisions of a political character, the overall amount of the
commitment appropriations for structural actions to be made available to Bulgaria and Romania
during the triennium 2007-2009 will be as follows:
(EUR million, at prices of 2004)
2007 2008 2009
Bulgaria 539759 1002
Romania 1399 1972 2603
2. During the triennium 2007-2009, the scope and nature of interventions in the framework
of these fixed appropriations shall be determined on the basis of the provisions then applicable to
expenditure relating to structural actions.
ARTICLE 34.
1. In addition to the regulations on rural development in force at the date
of the accession, the provisions set out in Sections I to III of Annex VIII shall apply to the
Bulgaria and Romania during the period 2007 a to 2009 and the financial arrangements
specific set out in Section IV of Annex VIII shall apply to Bulgaria and to
Romania over the entire programming period from 2007 a to 2013.
2. Without prejudice to future decisions of a political character, the commitment appropriations
of the EAGF-Section Guarantee-for the rural development of Bulgaria and Romania
during the triennium 2007-2009 amounted to EUR 3041 million (at prices of 2004).
3. The implementing rules required for the application of the provisions of Annex VIII shall be
adopted in accordance with Article 50 (2) of Regulation (EC) No 1260/1999.
4. The Council, acting on a proposal from the Commission and after consultation with the
European Parliament, shall, where necessary, make the adjustment of the provisions of the
Annex VIII in such a way as to ensure congruence with the regulations concerning the
rural development.
ARTICLE 35.
The amounts referred to in articles 30, 31, 32, 33 and 34 are adjusted annually
by the Commission, in line with the price movements, in the framework of
annual technical adjustments of the Financial Perspectives.
Title IV
OTHER PROVISIONS
ARTICLE 36.
1. If, by the end of a period of three years from the accession, they arise
serious difficulties and likely to persist in a sector of economic activity or
determine a serious deterioration of the economic situation of a given region, the
Bulgaria or Romania may ask for it to be allowed to take protective measures
to enable it to rebalance the situation and adapt the sector in question to the economy of the
internal market.
Under the same conditions, any current Member State may ask that it be
authorized to take protective measures in respect of Bulgaria, Romania or both
the States.
2. At the request of the Member State concerned, the Commission shall adopt, by
urgency procedure, European regulations or European decisions that
establish the protective measures it considers necessary, specifying the
conditions and rules of their application.
In the event of serious economic difficulties and at the express request of the Member State
interested, the Commission deliberates within five working days of the receipt of the
request, accompanied by the respective elements of appreciation. The measures decided
are immediately applicable, must meet the interests of all parties
interested and should not involve border controls.
3. The measures authorized under paragraph 2 may behave waivers from
standards established by the Constitution, in particular of this Protocol, up to the
limit and during the time limits strictly necessary to achieve the planned targets
in paragraph 1. Priority should be given to measures that involve the minimum of disturbances
in the operation of the internal market.
ARTICLE 37.
If Bulgaria or Romania has failed to comply with the commitments made in the
context of the accession negotiations, including those assumed in any of the policies
sectoral concerns that concern economic activities with cross-border incidence,
thus giving rise to a serious disturbance or a risk of serious disturbance of the
operation of the internal market, the Commission may, upon reasoned request
of a Member State or on its own initiative, adopt European regulations or
European decisions establishing appropriate measures, during a maximum period of
three years from the accession.
Measures should be proportionate, giving priority to those that cause less
disturbance in the operation of the internal market and, if appropriate, to the application of the
sector-specific safeguards mechanisms. These safeguard measures do not
should be invoked as means of arbitrary discrimination or concealed restriction
of trade between Member States. The safeguard clause can be invoked
even before the accession on the basis of the findings of the monitoring, and the
measures adopted to enter into force as soon as the first day of the accession, unless
establish a later date. The measures cannot be maintained for a period
superior to the strictly necessary and must be, in any way, raised when
has been met the commitment in question, and may, however, be applied for beyond
of the period specified in the first paragraph as long as no
pertinent commitments. In response to the progress made by the new state-
Member concerned in the fulfilment of its commitments, the Commission may adapt
the measures as appropriate. The Commission shall inform the Council in time
useful before revoking European regulations and the European decisions they establish
the safeguard measures, taking due account of any observations of the
Advice in this regard.
ARTICLE 38.
If in Bulgaria or Romania they check themselves, or there is an imminent risk of if
check, serious gaps in transposition, the state of the application or the implementation of the
framework decisions or any other commitments, instruments of cooperation and
decisions on mutual recognition in the field of criminal law adopted to the
under Title VI of the Treaty on European Union and of the directives and regulations
related to mutual recognition in civil matters under Title IV of the
Treaty establishing the European Community, as well as of European laws and framework laws
adopted pursuant to Sections 3 and 4 of Chapter IV of Title III of Part III of the
Constitution, the Commission may, upon a reasoned request from a Member State
or on its own initiative, and after consultation with Member States, adopt
European regulations or European decisions establishing appropriate measures and
specify the conditions and rules of application of such measures, during a period
maximum three years from the accession.
Such 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 a narrow
judicial cooperation. The safeguard clause can be invoked even before the
accession, on the basis of the findings of the monitoring, and the measures adopted
come into force soon on the first day of the accession, unless they establish a date
later. The measures may not be maintained for a period higher than strictly
necessary and should be, in any case, raised when the gaps have been
braced, and may, however, be applied beyond the period specified in the
first paragraph as long as these loopholes remain. In response to the
progress made by the new Member State concerned in rectifying the gaps
detected, the Commission may adapt the measures as appropriate, after consultation
to Member States. The Commission shall inform the Council in good time before it
repeal European regulations and European decisions setting out the measures
of safeguard, having duly taken into account any observations of the Council to this
respect.
ARTICLE 39.
1. If, on the basis of the continuous monitoring, by the Commission, of the commitments
assumed by Bulgaria and Romania in the context of the accession negotiations, and in
special in the monitoring reports of the Commission, clearly rank that the
state of the preparations for the adoption and implementation of the acquis in Bulgaria or in the
Romania implies a serious risk of any of these states not being
manifestly prepared to comply with the requirements necessary to become a member
of the European Union up to the date of accession-January 1, 2007-in various fields
important, the Council may, acting unanimously on the basis of a
recommendation of the Commission, decide that the date of accession of that country be postponed by a
year, that is, to January 1, 2008.
2. Notwithstanding paragraph 1, the Council may, acting by a qualified majority, with
basis on a recommendation by the Commission to make the decision referred to in paragraph 1 relatively
to Romania if serious gaps have been observed in compliance, on the part of this
country, of one or several of the commitments and requirements listed in Annex IX, Part I.
3. Notwithstanding paragraph 1 and without prejudice to Article 37, the Council may, acting on
by qualified majority on the basis of a recommendation from the Commission and after
proceed, in the autumn of 2005, to a circumstantial assessment of progress
performed by Romania in the field of competition policy, make the decision
referred to in paragraph 1 with respect to Romania if serious gaps have been observed in the
compliance, on the part of this country, of the obligations assumed under the Agreement
European 1 or of one or several of the commitments and requirements listed in Annex IX,
part II.
4. In the eventuality of a decision being made under the n. ºs 1, 2 or 3, the
Council, acting by a qualified majority, shall decide immediately from
adaptations of this Protocol, as well as of its Annexes and Appendices, which if
make it indispensable to introduce due to the postponement decision.
ARTICLE 40.
In order not to disturb the correct functioning of the internal market, the application of the
internal standards of Bulgaria and Romania during the transitional periods referred to in the
Annexes VI and VII shall not lead to border controls between States-
Members.
1 European Agreement establishing an Association between the European Communities and their
Member States, on the one hand, and Romania, on the other hand (OJ L 357, 12/31/1994, p. 2).
ARTICLE 41.
If transitional measures are needed to facilitate the passage of the existing regime
in Bulgaria and Romania for the scheme arising from the application of agricultural policy
common in the conditions set out in this Protocol, such measures shall be
adopted by the Commission in accordance with Article 25 (2) of the Regulation (EC)
n ° 1784/2003 of the Council of September 29, 2003 establishing the organisation
common market in the cereals sector 1 , or, where appropriate, of the articles
correspondents of the other regulations establishing the common organizations of
market in the agricultural sector, or of the European laws that replace them, or second the
procedure determined by the applicable legislation. The transitional measures referred to
in this Article may be taken during a period of three years from the date
of the membership, with its application being limited to that period. This period can be
extended by European Council law. This deliberates unanimously, after consultation
to the European Parliament.
The transitional measures relating to the implementation of the acts on agricultural policy
common not specified in this Protocol, made necessary in consequence
of the accession, they must be established before the date of accession by European regulations
or European decisions adopted by the Council, on a proposal from the Commission, or, if
affect instruments initially adopted by the Commission, by regulations
European or European decisions adopted by this institution under the procedure
required for the adoption of the instruments in question.
ARTICLE 42.
If transitional measures are needed to facilitate the passage of the existing regime
in Bulgaria and Romania for the scheme arising from the implementation of Union law
in the veterinary, phytosanitary and food safety field, those measures will be
adopted by the Commission in accordance with the procedure determined by the legislation
applicable. Such measures are taken during a period of three years from the date
of the membership, with its application being limited to that period.
1 OJ L 270, 10/21/2003, p. 78.
FIFTH PART
PROVISIONS RELATING TO THE APPLICATION OF THIS PROTOCOL
Title I
ESTABLISHMENT OF INSTITUTIONS AND BODIES
ARTICLE 43.
The European Parliament shall introduce in its Rules the necessary adaptations in
consequence of accession.
ARTICLE 44.
The Council shall introduce in its Rules of Procedure the necessary adaptations in
consequence of accession.
ARTICLE 45.
You must be appointed as a member of the Commission a national of each of the new
Member States, as of the date of accession. The new members of the Commission are
appointed by the Council, by common agreement with the President of the Commission, after
consultation with the European Parliament and in accordance with the criteria set out in the
n Article I-26 (4) of the Constitution.
The tenure of such members at the same time as that of the members in office at the
date of accession.
ARTICLE 46.
1. Two new judges must be appointed to the Court of Justice and two new
judges to the General Court.
2. The term of office of one of the judges of the Court of Justice appointed pursuant to paragraph 1
cesses on October 6, 2009. That judge must be chosen by drawing draw. The mandate of the
another judge to cesses on October 6, 2012.
The term of office of one of the judges of the General Court appointed pursuant to paragraph 1 cesses in
August 31, 2007. That judge must be chosen by drawing draw. The mandate of the other judge
cesses on August 31, 2010.
3. The Court of Justice shall introduce in its Rules of Procedure the
adaptations necessary as a result of adherence.
The General Court, by common agreement with the Court of Justice, shall introduce in its
Rules of Procedure the necessary adaptations as a result of the accession.
The Process Regulations thus adapted are submitted to the approval of the
Advice.
4. For trial of the pending proceedings in the Courts at the date of accession, the
oral phase has been initiated before that date, the Full Courts or Sections must
meet with the composition they had prior to accession and apply the Regulations of
Process in force on the day before the date of accession.
ARTICLE 47.
It shall be appointed to the Court of Auditors a national of each of the new
Member States, as of the date of accession, with a mandate of six years.
ARTICLE 48.
The Committee of the Regions shall be increased by the appointment of twenty seven members,
representative of the regional and local territorial legal persons of Bulgaria and of the
Romania, being either holders of an electoral mandate at the regional or local level, wants
politically accountable to an elected assembly. The mandate of these members
cesses at the same time as that of the members in office at the date of accession.
ARTICLE 49.
The Economic and Social Committee should be increased by the appointment of twenty seven
members, representative of the various sectors of the economic and social life of society
organized civil society of Bulgaria and Romania. The mandate of these members cesses to the same
time that of the members in office at the date of accession.
ARTICLE 50.
The adaptations of the statutes and internal regulations of the committees established by the
Constitution, necessary as a result of accession, must be made as soon as
possible after the accession.
ARTICLE 51.
1. The new members of the committees, groups and other bodies set up by the
Constitution or by an act of the institutions shall be named in the conditions and in the
terms provided for the appointment of the members of those committees, groups and others
organisms. The mandate of the recently appointed members cesses at the same time
that that of the members in office at the date of accession.
2. The composition of committees and groups created by the Constitution or by an act
of the institutions with a number of members fixed independently of the number of
Member States shall be fully renewed at the date of accession, unless the
tenure of the current members within one year of the accession.
Title II
APPLICABILITY OF ACTS OF THE INSTITUTIONS
ARTICLE 52.
From the accession, Bulgaria and Romania are considered to be the addressee of the framework laws
european, European regulations and European decisions within the meaning of article I-33 of the
Constitution, and of directives and decisions, within the meaning of Article 249 of the Treaty which
institutes the European Community and Article 161 of the CEEA Treaty, provided that all the
Current Member States have been recipients of these European framework laws,
European regulations and European decisions and of these directives and decisions. With
exception of European decisions entering into force in accordance with Article I (2)
39. of the Constitution, and of the directives and decisions that have entered into force in the
terms of Article 254 (254) and (2) of the Treaty establishing the European Community,
it is considered that Bulgaria and Romania have been notified of such European decisions,
directives and decisions at the date of accession.
ARTICLE 53.
1. Bulgaria and Romania shall put into force, as of the date of accession, the
measures necessary to comply with the provisions of the European framework laws and in the
european regulations that are binding as to the result to be achieved, leaving,
however, to the national instances the competence as to the choice of form and the
means, within the meaning of Article I-33 of the Constitution, and the provisions of the Directives and
decisions, within the meaning of Article 249 of the Treaty establishing the European Community and
of Article 161 of the CEEA Treaty, unless another deadline is set in the present
Protocol. They shall report such measures to the Commission at the latest on the date of accession
or, where applicable, up to the date-limit set out in this Protocol.
2. To the extent that the amendments made by this Protocol in the
directives, within the meaning of Article 249 of the Treaty establishing the European Community and
of Article 161 of the CEEA Treaty, require the modification of the provisions of laws,
regulatory and administrative of the current Member States, these shall put in
vigour the measures necessary to comply with the amended directives from the
date of accession, unless another deadline is set in this Protocol. Must
report such measures to the Commission at the latest on the date of accession or until the deadline
fixed in this Protocol, if this is later.
ARTICLE 54.
The laws, regulations and administrative provisions designed to ensure the
protection of the health of workers and the general population against the dangers
resulting from the ionizing radiation in the territory of Bulgaria and Romania must, in the
terms of Article 33 of the CEEA Treaty, be communicated by those States to the Commission,
within three months of the accession.
ARTICLE 55.
Upon request duly substantiated by Bulgaria or Romania
submitted to the Commission at the latest on the date of accession, the Council, acting under
proposal of the Commission, or the Commission, if the initial act has been adopted by this
institution, may adopt European regulations or European decisions establishing
temporary derogations from acts of the institutions adopted between October 1, 2004
and the date of accession. The measures will be adopted under the voting rules that govern
the adoption of the act in respect of which a temporary derogation is requested. Always
that such waivers are adopted after accession can be applied from the
date of accession.
ARTICLE 56.
Where the acts of the institutions, adopted before accession, should be adapted
by virtue of the accession, and the necessary adaptations are not foreseen in the present
Protocol or in its Annexes, the Council, acting on a proposal from the Commission, or the
Commission, if the initial act has been adopted by this institution, adopt the acts
required for this purpose. Where such adaptations are adopted after the
adhesion can be applied from the date of accession.
ARTICLE 57.
Unless otherwise provided, the Council shall, on a proposal from the Commission, adopt the
European regulations or the European decisions setting out the measures
necessary to implement the provisions of this Protocol.
ARTICLE 58.
The texts of the acts of the institutions adopted before accession and drawn up by the
Council, by the Commission or by the European Central Bank in the Bulgarian and Romanian languages
they shall make faith, as of the date of accession, under the same conditions as the texts drawn up in the
current official languages. Such texts shall be published in the Official Journal of the Union
European, where the texts in the present languages have also been.
Title III
FINAL PROVISIONS
ARTICLE 59.
Annexes I and IX and their Appendices shall form an integral part of this Protocol.
ARTICLE 60.
The Government of the Italian Republic shall refer to the Governments of the Republic of Bulgaria and of the
Romania an authenticated copy of the Treaty establishing the European Community of
Atomic energy and the Treaties that have altered it or completed it, in the German languages,
Czech, Danish, Slovakian, Slovenian, Spanish, Estonian, Finnish, French,
Greek, Hungarian, English, Irish, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish,
Portuguese and Swedish.
The text of that Treaty, drawn up in the Bulgarian and Romanian languages, comes attached to the present
Protocol. Such texts shall be authentic under the same conditions as the texts of the Treaty to which
refers to the first paragraph, drawn up in the current languages.
ARTICLE 61.
The Secretary-General of the Council shall refer to the Governments of the Republic of Bulgaria and the
Romania an authenticated 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 adhere at the time of accession
(as referred to in Article 3 (3) of the Act of Accession)
1. Convention of June 19, 1980 on the law applicable to contractual obligations,
open to signing in Rome on June 19, 1980 (OJ L 266, 10/9/1980,
p. 1)
-Convention of April 10, 1984 on the accession of the Hellenic Republic
to the Convention on the law applicable to contractual obligations, open to
signature in Rome on June 19, 1980 (OJ L 146, 5/31/1984, p. 1)
-First Protocol of December 19, 1988 on the interpretation by the
Court of Justice of the European Communities of the Convention on the Law
applicable to contractual obligations, open to signature in Rome at
June 19, 1980 (OJ L 48, 2/20/1989, p. 1)
-Second Protocol of December 19, 1988 that assigns to the Court of
Justice of the European Communities certain skills in matter
of interpretation of the Convention on the law applicable to obligations
contractual, open to signature in Rome on June 19, 1980 (OJ L 48
of 2/20/1989, p. 17)
-Convention of May 18, 1992 on the accession of the Kingdom of Spain and
of the Portuguese Republic to the Convention on the law applicable to obligations
contractual, open to signature in Rome on June 19, 1980 (OJ L 333
of 11/18/1992, p. 1)
-Convention of November 29, 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, open to signature in Rome in
June 19, 1980, as well as the first and second relative protocols
to its interpretation by the Court of Justice (OJ C 15, 1/15/1997, p. 10)
2. Convention of July 23, 1990 on the elimination of double taxation in
case of correction of profits between associated companies (OJ L 225, 8/20/1990,
p. 10)
-Convention of December 21, 1995 on the accession of the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden to the Convention
on the elimination of double taxation in the event of a correction of profits
between associated companies (OJ C 26, 1/31/1996, p. 1)
-Protocol of May 25, 1999 amendment to the Convention of July 23
of 1990, relating to the elimination of double taxation in the event of a correction of
profits between associated companies (OJ C 202, 7/16/1999, p. 1)
3. Convention of July 26, 1995, established on the basis of Article K. 3 of the
Treaty of the European Union, concerning the protection of financial interests of the
Communities (OJ C 316, 11/27/1995, p. 49)
-Protocol of September 27, 1996, established on the basis of Article K. 3
of the Treaty on European Union, of the Convention on the Protection of the
financial interests of the European Communities (OJ C 313
of 10/23/1996, p. 2)
-Protocol of November 29, 1996, established on the basis of Article K. 3
of the Treaty on European Union, relating to the interpretation of a preliminary ruling
by the Court of Justice of the European Communities of the Convention on
to the protection of the financial interests of the European Communities (OJ
C 151 of 5/20/1997, p. 2)
-Second Protocol of June 19, 1997, established on the basis of the article
K. 3 of the Treaty on European Union, of the Convention on the Protection of
Financial Interests of the European Communities (OJ C 221, 7/19/1997,
p. 12)
4. Convention of July 26, 1995, drawn up on the basis of Article K. 3 of the Treaty
of the European Union setting up a European Police Service (Europol Convention)
(OJ C 316, 11/27/1995, p. 2)
-Protocol of July 24, 1996, established on the basis of Article K. 3 of the
Treaty of the European Union, relating to the interpretation of a preliminary ruling by the
Court of Justice of the European Communities of the Convention creating a
European Police Service (OJ C 299, 10/9/1996, p. 2)
-Protocol of June 19, 1997, established on the basis of Article K. 3 of the
Treaty of the European Union and Article 41 (3) of the Europol Convention,
on the privileges and immunities of Europol, of the members of its
organs, of their directors-adjoining and agents (OJ C 221, 7/19/1997, p. 2)
-Protocol of November 30, 2000 established on the basis of paragraph 1 of the
article 43 of the Convention establishing a European Police Service
(Europol Convention) and amending Article 2 and the Annex to that Convention
(OJ C 358, 12/13/2000, p. 2)
-Protocol of November 28, 2002 amending the Convention which creates a
European Police Service (Europol Convention) and the Protocol on the
privileges and immunities of Europol, of the members of its organs, of the
its Directors-adjoining and agents (OJ C 312, 12/16/2002, p. 2)
-Protocol of November 27, 2003, established on the basis of paragraph 1 of the
article 43 of the Convention establishing a European Police Service
(Europol Convention), amending that convention (OJ C 2, 1/6/2004, p. 3)
5. Convention of July 26, 1995, drawn up on the basis of Article K. 3 of the Treaty
of the European Union, on the use of informatics in the customs field (OJ
C 316 of 11/27/1995, p. 34)
-Protocol of November 29, 1996, established on the basis of Article K. 3
of the Treaty on European Union, relating to the interpretation of a preliminary ruling
by the Court of Justice of the European Communities of the Convention on the
use of informatics in the customs field (OJ C 151, 5/20/1997,
p. 16)
-Protocol of March 12, 1999, established on the basis of Article K. 3 of the
Treaty of the European Union, relating to the scope of the concept of
money laundering in the Convention on the use of computing
in the customs field and the inclusion of the registration number of the medium of
transport in the list of data of the convention (OJ C 91, 3/31/1999, p. 2)
-Protocol of May 8, 2003, established under Article 34 of the
Treaty of the European Union, amending, with regard to the creation of a
file for identification of customs inquiry processes, the Convention
on the use of informatics in the customs field (OJ C 139
of 6/13/2003, p. 2)
6. Convention of May 26, 1997, established on the basis of paragraph 2 (c) of the
article K. 3 of the Treaty on European Union, concerning the fight against corruption in
that are implicated officials of the European Communities or of the States-
Members of the European Union (OJ C 195, 6/25/1997, p. 2)
7. Convention of December 18, 1997, established on the basis of Article K. 3 of the
Treaty of the European Union, on mutual assistance and cooperation between the
customs administrations (OJ C 24, 1/23/1998, p. 2)
8. Convention of June 17, 1998, established on the basis of Article K. 3 of the
Treaty of the European Union, concerning the decisions of driving inhibition (OJ C 216
of 7/10/1998, p. 2)
9. Convention of May 29, 2000, drawn up by the Council in accordance
with Article 34 of the Treaty on European Union, concerning legal aid
mutual in criminal matters between the Member States of the European Union (OJ C 197
of 7/12/2000, p. 3)
-Protocol of October 16, 2001 of the Convention on aid
mutual judiciary in criminal matters between the Member States of the Union
European, drawn up by the Council in accordance with Article 34 of the Treaty on
European Union (OJ C 326, 11/21/2001, p. 2)
________________
ANNEX II
List of the provisions of the integrated Schengen acquis
within the framework of the European Union
and of the acts in it based or in some way with it related
that binds the new Member States and are applicable
in these States as of the date of accession
(as referred to in Article 4 (1) of the Act of Accession)
1. The Agreement between the Governments of the States of the Benelux Economic Union, of the
Federal Republic of Germany and the French Republic, concerning the gradual abolition
of checks at the common borders, of June 14, 1985 1 .
2. The following provisions of the Convention of Application of the Schengen Agreement,
of June 14, 1985, concerning the gradual abolition of border controls
common, signed in Schengen on June 19, 1990 2 , the respective Final Act and
common statements, amended by some of the acts listed in section 8 below:
Article 1, in so far as it refers to the provisions of this paragraph; articles 3 para.
to 7, excluding point (d) of Article 5 (1); 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, in so far as
refer to the provisions of this paragraph; and Article 136; Joint statements 1 and 3 of the
Act Final.
3. The following provisions of the Accession Agreements to the Convention of Application of the
Schengen Agreement of June 14, 1985 on the gradual abolition of the
controls at the common borders, signed in Schengen on June 19, 1990, the
respective final minutes and the accompanying statements, changed by some of the
acts listed in section 8 below:
1 OJ L 239, 9/22/2000, p. 13.
2 OJ L 239, 9/22/2000, p. 19. Convention with the last wording given by the
Council Regulation (EC) No 871/2004 of the Council (OJ L 162, 4/30/2004, p. 29).
a) Agreement signed on November 27, 1990 on the accession of the Republic
Italian:
-Article 4,
-Joint Declaration 1 in Part II of the Final Act;
(b) Agreement signed on June 25, 1991 on the accession of the Kingdom of
Spain:
-Article 4,
-Joint Declaration 1 in Part II of the Final Act,
-Declaration 2 in Part III of the Final Act;
c) Agreement signed on June 25, 1991 on the accession of the Republic
Portuguese:
-Articles 4, 5 and 6,
-Joint Declaration 1 in Part II of the Final Act;
d) Agreement signed on November 6, 1992 on the accession of the Republic
Helical:
-Articles 3, 4 and 5,
-Joint Declaration 1 in Part II of the Final Act,
-Declaration 2 in Part III of the Final Act;
e) Agreement signed on April 28, 1995 on the accession of the Republic of
Austria:
-Article 4,
-Joint Declaration 1 in Part II of the Final Act;
f) Agreement signed on December 19, 1996 on the accession of the Kingdom of
Denmark:
-Article 4 (2) of Article 5 and Article 6,
-Common Statements 1 and 3 in Part II of the Final Act;
g) Agreement signed on December 19, 1996 on the accession of the Republic of
Finland:
-Articles 4 and 5,
-Common Statements 1 and 3 in Part II of the Final Act,
-Statement by the Government of the Republic of Finland on the Åland Islands in the
Part III of the Final Act;
h) Agreement signed on December 19, 1996 on the accession of the Kingdom of
Sweden:
-Articles 4 and 5,
-Common Statements 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 May 18, 1999 concluded by the Council of the European Union with a
Republic of Iceland and the Kingdom of Norway pertaining to the association of the two States
the implementation, application and development of the Schengen acquis, including
the Attachments, the Final Act, the declarations and the exchanges of letters attached 1 , approved
by Council Decision 1999 /437/CE 2 ,
-Agreement of June 30, 1999 concluded by the Council of the European Union with
the Republic of Iceland and the Kingdom of Norway that defines the rights and the
bonds between, on the one hand, Ireland and the United Kingdom of Great Britain and the
Northern Ireland and, on the other, the Republic of Iceland and the Kingdom of Norway, in the
domains of the Schengen acquis applicable to those States 3 , approved by the
Decision 2000 /2900/CE of the Council 4 ,
-Agreement signed on October 25, 2004 by the Council of the European Union and
by the Swiss Confederation concerning the Association of the Swiss Confederation, à
implementation, application and development of the Schengen acquis 5 .
1 OJ L 176, 7/10/1999, p. 36.
2 OJ L 176, 7/10/1999, p. 35.
3 OJ L 15, 1/20/2000, p. 2.
4 OJ L 15, 1/20/2000, p. 1.
5 As it is still pending the conclusion of this Agreement, as it applies to
provisional title.
5. The provisions of the following decisions of the Executive Committee established by the
Convention of Application of the Schengen Agreement of June 14, 1985 on the
gradual removal of controls at the common borders, signed in Schengen on
June 19, 1990, amended by some of the acts listed in section 8 below:
SCH/Com-ex (93) 10 Decision of the Executive Committee of December 14, 1993
on the statements of the Ministers and Secretaries of State
SCH/Com-ex (93) 14 Decision of the Executive Committee of December 14, 1993
on the improvement of the practice of judicial cooperation in relation to the fight against the
illicit trafficking in narcotics
SCH/Com-ex (94) 16 rev. Decision of the Executive Committee of November 21, 1994
on the acquisition of common input and output stamps
SCH/Com-ex (94) 28 rev. Decision of the Executive Committee of December 22, 1994
on the medical certificate required for the transport of narcotic drugs and / or
psychotropic substances
SCH/Com-ex (94) 29, 2 th rev. Decision of the Executive Committee of December 22
of 1994 on the entry into application of the Schengen Application Convention
of June 19, 1990
SCH/Com-ex (95) 21 Decision of the Executive Committee of December 20, 1995
on the exchange of statistics and concrete data that may reveal dysfunctions in the
external borders
SCH/Com-ex (98) 1, 2 th rev. Decision of the Executive Committee of April 21, 1998
on the report of activities of the Task Force, as it refers to the
provisions of section 2 above
SCH/ Com-ex (98) 26 def. Decision of the Executive Committee of September 16, 1998
on the establishment of a Standing Committee on Evaluation and Application of
Schengen
SCH/Com-ex (98) 35, 2 th rev. Decision of the Executive Committee of September 16, 1998
on the transmission of the Common Manual to the states with which they are taking place
concrete negotiations of accession to the European Union
SCH/Com-ex (98) 37 def. 2 Decision of the Executive Committee of October 27, 1998
on the adoption of measures to fight against illegal immigration, to the extent that
refer to the provisions of section 2 above
SCH/Com-ex (98) 51, 3 th rev. Decision of the Executive Committee of December 16
of 1998 on police cooperation in prevention and research of
facts punishable
SCH/Com-ex (98) 52 Decision of the Executive Committee of December 16, 1998
on the Vade-Mécum of the Cross-border Police Cooperation, to the extent that if
refer to the provisions of section 2 above
SCH/Com-ex (98) 57 Decision of the Executive Committee of December 16, 1998
on the introduction of a uniform document proving the invitation, of the term of
liability or certificate of commitment to accommodation
SCH/Com-ex (98) 59 rev. Decision of the Executive Committee of December 16, 1998
on the coordinated intervention of advisors in documentation
SCH/Com-ex (99) 1, 2 th rev. Decision of the Executive Committee of April 28, 1999
on the situation on drugs
SCH/Com-ex (99) 6 Decision of the Executive Committee of April 28, 1999 on the
acquis Telecom
SCH/Com-ex (99) 7, 2 th rev. Decision of the Executive Committee of April 28, 1999
on the liaison officers
SCH/Com-ex (99) 8, 2 th rev. Decision of the Executive Committee of April 28, 1999
on the general principles of remuneration for informants
SCH/Com-ex (99) 10 Decision of the Executive Committee of April 28, 1999 on the
illicit trafficking in arms
SCH/Com-ex (99) 13 Decision of the Executive Committee of April 28, 1999 on the
definitive versions of the Common Consular Instruction and the Common Manual:
-Attachments 1-3, 7, 8 and 15 of Common Consular Instruction
-The Common Manual, in so far as it refers to the provisions of paragraph 2 above,
including Attachments 1, 5, 5A, 6, 10 and 13
SCH/Com-ex (99) 18 Decision of the Executive Committee of April 28, 1999 on the
police cooperation in relation to prevention and investigation of punishable facts
6. The following statements of the Executive Committee established by the Convention of
Application of the Schengen Agreement of June 14, 1985 on the gradual abolition
of the controls at the common borders, signed in Schengen on June 19, 1990, in the
measure in which to refer to the provisions of section 2 above:
SCH/Com-x (96) 6, 2 th rev. Statement of the Executive Committee of June 26, 1996
on extradition
SCH/Com-ex (97) 13, 2 th rev. Statement of the Executive Committee of February 9
of 1998 relative to the abduction of minors
7. The following decisions of the Central Group established by the Convention of Application
of the Schengen Agreement of June 14, 1985 on the gradual abolition of the
controls at the common borders, signed in Schengen on June 19, 1990, in the
measure in which to refer to the provisions of section 2 above:
SCH/C (98) 117 Decision of the Central Group of October 27, 1998 on the
adoption of measures to fight against illegal immigration
SCH/C (99) 25 Decision of the Central Group of March 22, 1999 on the
general principles of remuneration for informants.
8. The following acts based on the Schengen acquis or some way with it
related:
Council Regulation (EC) No 1683/95 of May 29, 1995 laying down a
model-type of visa (OJ L 164, 7/14/1995, p. 1)
Council Decision 1999 /307/CE of May 1, 1999 laying down the
modalities of integration of the Schengen Secretariat into the General Secretariat of the
Council (OJ L 119, 5/7/1999, p. 49)
Decision 1999 /435/CE of the Council of May 20, 1999 on the definition of the
Schengen acquis with a view to determining, pursuant to the relevant provisions of the
Treaty establishing the European Community and of the Treaty on European Union, the
legal grounds for each of the provisions or decisions that constitute it (OJ
L 176 of 7/10/1999, p. 1)
Council Decision 1999 /436/CE of May 20, 1999, which determines, in the terms
of the relevant provisions of the Treaty establishing the European Community and of the Treaty
of the European Union, the legal basis of each of the provisions or decisions that
constitute the Schengen acquis (OJ L 176, 7/10/1999, p. 17)
Decision 1999 /437/CE of the Council of May 17, 1999 on certain
rules for the implementation of the Agreement concluded by the Council of the European Union with a
Republic of Iceland and the Kingdom of Norway concerning the association of the two States à
implementation, application and development of the Schengen acquis (OJ L 176
of 7/10/1999, p. 31)
Decision 1999 /848/CE of the Council of December 13, 1999 on full
entry into force of the Schengen acquis in Greece (OJ L 327, 12/21/1999, p. 58)
Council Decision 2000 /365/CE of May 29, 2000 on the request of the Kingdom
United Kingdom of Great Britain and Northern Ireland to participate in some of the
provisions of the Schengen acquis (OJ L 131, 6/1/2000, p. 43)
Council Decision 2000 /586/JAI of September 28, 2000 establishing a
procedure for amending paragraphs 4 and 5 of Article 40 (7) and paragraph 2 (2)
of Article 65 of the Convention on the application of the Schengen Agreement of June 14
of 1985, concerning the gradual abolition of checks at the common borders (OJ L 248
of 10/3/2000, p. 1)
Decision 2000 /751/CE of the Council of November 30, 2000 on the
declasgrading of certain parts of the Common Manual adopted by the Committee
Executive, established by the Convention of the Application of the Schengen Agreement
of June 14, 1985 (OJ L 303, 12/2/2000, p. 29)
Council Decision 2000 /777/CE of December 1, 2000 on entry to
application of the Schengen acquis in Denmark, Finland and Sweden, as well as in the
Iceland and in Norway (OJ L 309, 10/9/2000, p. 24)
Council Regulation (EC) No 539/2001 of March 15, 2001 laying down the list
of the third countries whose nationals are subject to the visa requirement to carry
the external borders and the list of the third countries whose nationals are exempt from that
obligation (OJ L 81, 3/21/2001, p. 1)
Council Regulation (EC) No 789/2001 of April 24, 2001, which reserves the
Advice to implement competence in relation to certain provisions of
details and practical procedures for the analysis of visa applications (OJ L 116
of 4/26/2001, p. 2)
Council Regulation (EC) No 790/2001 of April 24, 2001, which reserves the
Advice to implement competence in relation to certain rules of implementation and
practical procedures for the application of control and border surveillance (OJ L 116
of 4/26/2001, p. 5)
Council Decision 2001 /329/CE of April 24, 2001 on the update of the
Part VI and Annexes 3, 6 and 13 of the Common Consular Instruction, as well as of the
Annexes 5a), 6a) and 8 of the Common Manual (OJ L 116, 4/26/2001, p. 32), to the extent in
that refers to Annex 3 of the Common Consular Instruction or Annex 5a) of the Handbook
Common
Council Directive 2001 /51/CE of June 28, 2001, which completes the
provisions of Article 26 of the Convention of the Application of the Schengen Agreement
of June 14, 1985 (OJ L 187, 7/10/2001, p. 45)
Decision 2001 /886/JAI of the Council of December 6, 2001 on the
development of the second generation of the Schengen Information System (SIS II)
(OJ L 328, 12/13/2001, p. 1)
Council Regulation (EC) No 2414/2001 of December 7, 2001 amending the
Regulation (EC) No 539/2001 laying down the list of third countries whose nationals
are subject to the visa requirement to carry the external borders and the list of the
third countries whose nationals are exempt from that obligation (OJ L 327, 12/12/2001,
p. 1)
Council Regulation (EC) No 2424/2001 of December 6, 2001 on the
development of the second generation of the Schengen Information System (SIS II)
(OJ L 328, 12/13/2001, p. 4)
Council Regulation (EC) No 333/2002 of February 18, 2002 on a
uniform model of printed for the affixing of visas granted by the states-
Members to holders of travel documents not recognised by the Member State
which issues the printed one (OJ L 53, 2/23/2002, p. 4)
Council Regulation (EC) No 334/2002 of February 18, 2002 amending the
Regulation (EC) No 1683/95 laying down a model-type of visa (OJ L 53
of 2/23/2002, p. 7)
Decision 2002/192/CE of the Council of February 28, 2002 on the request of the
Ireland to participate in some of the provisions of the Schengen acquis (OJ L 64
of 3/7/2002, p. 20)
Decision 2002/352/CE of the Council of April 25, 2002 on the revision of the
Common Manual (OJ L 123, 5/9/2002, p. 47)
Council Decision 2002/353/CE of April 25, 2002 on disclassification
of Part II of the Joint Manual adopted by the Executive Committee, established by the
Convention of Application of the Schengen Agreement of June 14, 1985 (OJ L 123
of 5/9/2002, p. 49)
Council Regulation (EC) No 1030/2002 of June 13, 2002 laying down
a uniform model of residence permit for nationals of third countries (OJ
L 157 of 6/15/2002, p. 1)
Decision 2002/587/CE of the Council of July 12, 2002 on the revision of the
Common Manual (OJ L 187, 7/16/2002, p. 50)
Council Decision-Table 2002 /946/JAI of November 28, 2002 on the
strengthening the penal framework for the prevention of aid for entry, transit and residency
irregulars (OJ L 328, 12/5/2002, p. 1)
Council Directive 2002/90/CE of November 28, 2002 on the definition of the
aid for entry, transit and irregular residence (OJ L 328, 12/5/2002, p. 17).
Council Decision 2003 /170/JAI of February 27, 2003 on the use of
joint of liaison officers posted abroad by the police authorities of the
Member States (OJ L 67, 3/12/2003, p. 27)
Council Regulation (EC) No 453/2003 of March 6, 2003 amending the
Regulation (EC) No 539/2001 laying down the list of third countries whose nationals
are subject to the visa requirement to carry the external borders and the list of the
third countries whose nationals are exempt from that obligation (OJ L 69, 3/13/2003,
p. 10)
Council Decision 2003 /725/JAI of October 2, 2003 amending n. paragraphs 1 and 7 of the
article 40 of the Convention on the application of the Schengen Agreement of June 14
of 1985, concerning the gradual abolition of checks at the common borders (OJ L 260
of 10/11/2003, p. 37)
Council Directive 2003 /110/CE of November 25, 2003 on support in
transit case for the purpose of removal by air (OJ L 321, 12/6/2003, p. 26)
Council Regulation (EC) No 377/2004 of February 19, 2004 on the
setting up of a network of immigration liaison officers (OJ L 64, 3/2/2004, p. 1)
Council Decision 2004 /466/CE of April 29, 2004 amending the Manual
Common in order to insert provisions for border controls to minors
accompanied (OJ L 157, 4/30/2004, p. 136)
Council Directive 2004 /82/CE of April 29, 2004 on the obligation of
communication of passenger data by the carriers (OJ L 261, 8/6/2004,
p. 24)
Decision 2004 /573/CE of the Council of April 29, 2004 on the organisation of
common flights for the remoteness of the territory of two or more Member States of
nationals of third countries who are subject to individual removal decisions
(OJ L 261, 8/6/2004, p. 28)
Council Decision 2004 /574/CE of April 29, 2004 amending the Manual
Common (OJ L 261, 8/6/2004, p. 36)
Council Decision 2004 /512/CE of June 8, 2004 laying down the System of
Information on Visits (VIS) (OJ L 213, 6/15/2004, p. 5)
Council Regulation (EC) No 2007/2004 of October 26, 2004 establishing a
European Agency for Management of Operational Cooperation at the External Borders of the
Member States of the European Union (OJ L 349, 11/25/2004, p. 1)
Council Regulation (EC) No 2133/2004 of December 13, 2004 on the
obligation for the competent authorities of the Member States to proceed to the affixing
systematic stamp on the travel documents of third country nationals in the
crossing of the external borders of the Member States and amending, to the effect, the
provisions of the Convention Implementing the Schengen Agreement and the Common Manual
(OJ L 369, 12/16/2004, p. 5)
Council Regulation (EC) No 2252/2004 of December 13, 2004, which
establishes standards for the safety devices and biometric data of the
passports and travel documents issued by Member States (OJ L 385
of 12/29/2004, p. 1)
________________
ANNEX III
List referred to in Article 16 of the Protocol: adaptations
of the acts adopted by the institutions
1. LAW OF SOCIETIES
INDUSTRIAL PROPERTY RIGHTS
I. COMMUNITY MARK
31994 R 0040: Council Regulation (EC) No 40/94 of December 20, 1993,
on the Community trade mark (OJ L 11, 1/14/1994, p. 1), as amended
given by:
-31994 R 3288: Council Regulation (EC) No 3288/94 of 12/22/1994 (OJ
L 349 of 12/31/1994, p. 83),
-32003 R 0807: Council Regulation (EC) No 807/2003 of 4/14/2003 (OJ
L 122 of 5/16/2003, 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33),
-32003 R 1653: Council Regulation (EC) No 1653/2003 of 6/18/2003 (OJ
L 245 of 9/29/2003, p. 36),
-32003 R 1992: Council Regulation (EC) No 1992/2003 of 10/27/2003 (OJ
L 296 of 11/14/2003, p. 1),
-32004 R 0422: Council Regulation (EC) No 422/2004 of 2/19/2004 (OJ
L 70 of 3/9/2004, p. 1).
Article 159 (1)-It shall be replaced by the following:
" 1. From the date of the accession of Bulgaria, of the Czech Republic, of Estonia, of
Cyprus, from Latvia, Lithuania, Hungary, Malta, Poland, Romania, the
Slovenia and Slovakia, hereinafter referred to as "new Member States", the marks
community registered or required in accordance with this Regulation before the
respective date of accession shall be made extensive to the territory of those States-
Members, 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 June 18, 1992, concerning the creation of a supplementary protection certificate
for medicinal products (OJ L 182, 7/2/1992, p. 1), as amended to be given
by:
-11994 N: An Act on 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, 8/29/1994, 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
a): Article 19-The following is added:
" k) Can be granted a certificate in Bulgaria for any medicine
that is protected by a basic patent in force and for which it has
a first permit for placing on the market as a
medication after January 1, 2000, provided that the application for a certificate
is submitted within six months of the date of accession;
l) A certificate may be granted in Romania for any medicinal product
that is protected by a basic patent in force and for which it has
a first permit for placing on the market as a
medication after January 1, 2000. In the event that the deadline has expired
provided for in Article 7 (1), the application for a certificate may be
presented during a period of six months to be counted at the latest from the
date of accession. ".
b (b) Article 20 (2) is replaced by the following:
" 2. This Regulation shall apply to the supplementary certificates of
protection granted pursuant to the national legislation of the Republic
Czech, from Estonia, Cyprus, Latvia, Lithuania, Malta, Poland,
of Romania, Slovenia and Slovakia prior to the respective date of
adherence. ".
2. 31996 R 1610: Regulation (EC) No 1610/96 of the European Parliament and of the
Council of July 23, 1996 on the creation of a supplementary certificate of
protection for plant protection products (OJ L 198, 8/8/1996, p. 30), with the
wording that was given to it 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
a): Article 19-The following is added:
" k) Can be granted a certificate in Bulgaria for any product
plant protection plant that is protected by a basic patent in force and
for which a first placement permit has been obtained for the
market as a plant protection product after January 1, 2000, since
that the application for a certificate is submitted within six months of the
of the date of accession;
l) A certificate may be granted in Romania for any product
plant protection plant that is protected by a basic patent in force and
for which a first placement permit has been obtained for the
market as a plant protection product after January 1, 2000. In the case
of having expired the time limit set out in Article 7 (1), the application for
certificate can be submitted during a period of six months to
count, at the latest, of the date of accession. ".
b (b) Article 20 (2) is replaced by the following:
" 2. This Regulation shall apply to the supplementary certificates of
protection granted pursuant to the national legislation of the Republic
Czech, from Estonia, Cyprus, Latvia, Lithuania, Malta, Poland,
of Romania, Slovenia and Slovakia prior to the respective date of
adherence. ".
III. DRAWINGS OR COMMUNITY MODELS
32002 R 0006: Council Regulation (EC) No 6/2002 of December 12, 2001,
on drawings or community models (OJ L 3, 1/5/2002, p. 1), with the
wording that was given to it 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
Article 110 (1)-It shall be replaced by the following:
" 1. From the date of the accession of Bulgaria, of the Czech Republic, of Estonia, of
Cyprus, from Latvia, Lithuania, Hungary, Malta, Poland, Romania, the
Slovenia and Slovakia (hereinafter referred to as "new Member States") , the
protected community drawings or models in the terms of the present
regulation before the respective date of accession are made extensive to the territory
of these 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
May 29, 1989, which sets out the general rules regarding the definition, designation and
to the presentation of spirituous drinks (OJ L 160, 6/12/1989, p. 1), with the wording
that was given to him by:
-31992 R 3280: Council Regulation (EEC) No 3280/92 of 11/9/1992 (OJ
L 327 of 11/13/1992, p. 3),
-31994 R 3378: Regulation (EC) No 3378/94 of the European Parliament and of the
Council, of 12/22/1994 (OJ L 366, 12/31/1994, p. 1),
-11994 N: An Act on the conditions of accession and the adjustments to the Treaties-
Accession of the Republic of Austria, the Republic of Finland and the Kingdom of the
Sweden (OJ C 241, 8/29/1994, 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,
of the Republic of Latvia, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33),
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
a) In Article 1 (4) (i) the following is added:
"5) The appellation" spirits of fruit " may be replaced by the
denomination "Pălincă" only for the spirited drink produced in the
Romania ";
b) In Annex II, the following geographical names are added:
-to point 4: "Vinars Târnave", "Vinars Vaslui", "Vinars Murfatlar", " Vinars
Vrancea "," Vinars Segarcea "
-to point 6: "," "," "," "," ",".
Сунглире / Sungurlarska grozdova rakiya / Grozdova rakiya of
Sungurlare ",", ",", "," "," "," "," "
الالالالالعالعالعالعالعالعالعالعالعالعالعالعالعالعالع
rakiya de Sliven) ",", ",", ",", "", "", "", "", ""
оостелителиторисосисососососостисосососостисис
Straldja "," оосориссисосововитовисововововововосососососососососососососососососососос
Pomoriyska grozdova rakiya / Grozdova rakiya of Pomorie ",", ",", ",", ","
Исисисосововисисисисисисисовововововисовисовисовисовисовисовисовисостия
biserna grozdova rakiya / Biserna grozdova rakiya de Ruse "," cervna сссиссистисссссссссис
Ссстовисистовистовистия орисистрисисисисисисисисисисисисисисисисис
rakiya / Muscatova rakiya of Bourgas "," Осорнининининисостосостостостостостостостостосс
Ссстовососососососососососостосостостосостосостосостосос
Muscatova rakiya de Dobrudja "," "," "," "," "," "," "
Ракия орининининининининие / Suhindolska grozdova rakiya of
Suhindol "," الالالالالالعالعالعالعالعالعالعالعالعالعالعالعالعالعالعالعالعالعالعالعالع
Karlovska grozdova rakiya / Grozdova rakiya from Karlovo "
-to point 7: " ΤОРОСТИВОВИСИСОВИСОВИСОВИСОВИСИЯ ОСТИЯ ОСТИЯ ООСТОСТОСТОСТОСТОСТОСТ
Troyanska slivova rakiya / Slivova rakiya of Troyan ",", ","
Ссисисисисисисисисисисисисисисисисисисисисисисисисисисисисисисисисис
rakiya / Kaysieva rakiya of Silistra ",", ",", "", "", ""
Касиесисия орисорерисисорисистетерисистерисистерисистерисисис
Tervel "," ововововововисовисовисовитововововововововосососососососососососососо
slivova rakiya / Slivova rakiya of Lovech "," Tanguică Zetea from Medieşu Aurit ",
"Xinuică de Valea Milcovului", "Xinuică de Buzău", "Argeş's" "uică", "
from Zalău "," "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" ""
"Horincă de Cămârzan", "Horincă de Seini", "Horincă de Chioar", " Horincă
from Lăpuş "," Turks de Oaş "," Turks of Maramureş ".
2. 31991 R 1601: Council Regulation (EEC) No 1601/91 of June 10
1991, which sets out the general rules relating to the definition, designation and presentation
of the flavoured wines, the wine-based drinks and the cocktails
flavourings of winemaking products (OJ L 149, 6/14/1991, p. 1), with the wording
that was given to him by:
-31992 R 3279: Council Regulation (EEC) No 3279/92 of 11/9/1992 (OJ
L 327 of 11/13/1992, p. 1),
-11994 N: An Act on the conditions of accession and the adjustments to the Treaties-
Accession of the Republic of Austria, the Republic of Finland and the Kingdom of the
Sweden (OJ C 241, 8/29/1994, p. 21),
-31994 R 3378: Regulation (EC) No 3378/94 of the European Parliament and of the
Council, of 12/22/1994 (OJ L 366, 12/31/1994, p. 1),
-31996 R 2061: Regulation (EC) No 2061/96 of the European Parliament and of the
Council, of 10/8/1996 (OJ L 277, 10/30/1996, p. 1),
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
In Article 2 (3), the following subparagraph shall be inserted after point (h):
" i) Pelin: The wine-based aromatized drink obtained from white wine
or tinto, concentrated grape must, grape juice (or beet sugar) and
certain dyeing of herbs, with an alcoholic strength not less than
8.5% vol, a sugar content expressed in inverted sugar of 45-50 g/l and
a total acidity not less than 3 g/l expressed in tartaric acid. "
and point (i) becomes j).
3. 31992 R 2075: Council Regulation (EC) No 2075/92 of June 30
of 1992, which establishes the common organisation of market in the tobacco sector in rama
(OJ L 215, 7/30/1992, p. 70), as amended by:
11994 N: Act relating to 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, 8/29/1994, p. 21),
31994 R 3290: Regulation (EC) No 3290/94 of the Council of 12/22/1994 (OJ
L 349 of 12/31/1994, p. 105),
31995 R 0711: Regulation (EC) No 711/95 of the Council of 3/27/1995 (OJ L 73
of 4/1/1995, p. 13),
31996 R 0415: Regulation (EC) No 415/96 of the Council of 3/4/1996 (OJ L 59
of 3/8/1996, p. 3),
31996 R 2444: Regulation (EC) No 2444/96 of the Council of 12/17/1996 (OJ
L 333 of 12/21/1996, p. 4),
31997 R 2595: Regulation (EC) No 2595/97 of the Council of 12/18/1997 (OJ
L 351 of 12/23/1997, p. 11),
31998 R 1636: Regulation (EC) No 1636/98 of the Council of 7/20/1998 (OJ
L 210 of 7/28/1998, p. 23),
31999 R 0660: Regulation (EC) No 660/1999 of the Council of 3/22/1999 (OJ
L 83 of 3/27/1999, p. 10),
32000 R 1336: Regulation (EC) No 1336/2000 of the Council of 6/19/2000 (OJ
L 154 of 6/27/2000, p. 2),
32002 R 0546: Regulation (EC) No 546/2002 of the Council of 3/25/2002 (OJ
L 84 of 3/28/2002, p. 4),
32003 R 0806: Regulation (EC) No 806/2003 of the Council of 4/14/2003 (OJ
L 122 of 5/16/2003, p. 1),
32003 R 2319: Regulation (EC) No 2319/2003 of the Council of 12/17/2003 (OJ
L 345 of 12/31/2003, p. 17),
12003 T: Act relating to the conditions of accession and the adjustments to the Treaties-
Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the
Republic of Latvia, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
a) In the Annex, to point V. "SUN CURED" the following is added:
" Molovata
Ghimpaţi
Bărăgan "
b) In the Annex, to point VI "Basmas" the following is added:
" Djebel
Nevrokop
Dupnitsa
Melnik
Ustina
Harmanli
Krumovgrad
Iztochen Balkan
Topolovgrad
Svilengrad
Srednogorska yaka "
c) In the Annex to point VIII. "Kaba Koulak (classic)" is added the following:
" Severna Bulgaria
Tekne ".
4. 31996 R 2201: Council Regulation (EC) No 2201/96 of October 28
of 1996, which establishes the common organization of the market in the product sector
processed to the base of fruit and vegetables (OJ L 297, 11/21/1996, p. 29),
with the wording that was given to him by:
-31997 R 2199: Council Regulation (EC) No 2199/97 of 10/30/1997 (OJ
L 303 of 11/6/1997, p. 1),
-31999 R 2701: Council Regulation (EC) No 2701/1999 of 12/14/1999 (OJ
L 327 of 12/21/1999, p. 5),
-32000 R 2699: Council Regulation (EC) No 2699/2000 of 12/4/2000 (OJ
L 311 of 12/12/2000, p. 9),
-32001 R 1239: Council Regulation (EC) No 1239/2001 of 6/19/2001 (OJ
L 171 of 6/26/2001, p. 1),
-32002 R 0453: Commission Regulation (EC) No 453/2002 of 3/13/2002
(OJ L 72, 3/14/2002, 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33),
-32004 R 0386: Commission Regulation (EC) No 386/2004 of 3/1/2004
(OJ L 64, 3/2/2004, p. 25).
Annex III is replaced by the following:
" ANNEX III
Processing thresholds referred to in Article 5 para.
Fresh raw material
(in tonnes)
Tomatoes Peaches Pears
Community thresholds 8860061560428105659
L im
ia re
s n ac
io n ai
s
Bulgaria 156343 17843 s.o.
Czech Republic 12000 1287 11
Greece 1211241300000 5155
Spain 1238606180794 35199
France 401608 15685 17703
Italy 4350000 42309 45708
Cyprus 7944 6 s.o.
Latvia s.o. s.o. s.o.
Hungary 130790 1616 1031
Malta 27000 s.o. s.o.
Netherlands s.o. s.o. 243
Austria s.o. s.o. 9
Poland 194639 s.o. s.o.
Portugal 1050000218600
Romania 50390523 s.o.
Slovakia 29500147 s.o.
s.o. = no object
".
5. 31998 R 2848: Commission Regulation (EC) No 2848/98 of December 22
of 1998, laying down detailed rules for the implementation of Regulation (EEC) No 2075/92 of the
Advice with regard to the premium scheme, production quotas and aid
specific to be granted to producer groups in the rama tobacco sector (OJ
L 358 of 12/31/1998, p. 17), as amended by:
No. 31999 R 0510: Commission Regulation (EC) No 510/1999 of 3/8/1999
(OJ L 60, 3/9/1999, p. 54),
No. 31999 R 0731: Commission Regulation (EC) No 731/1999 of 4/7/1999
(OJ L 93, 4/8/1999, p. 20),
No. 31999 R 1373: Commission Regulation (EC) No 1373/1999 of 6/25/1999
(OJ L 162, 6/26/1999, p. 47),
No. 31999 R 2162: Commission Regulation (EC) No 2162/1999 of 10/12/1999
(OJ L 265, 10/13/1999, p. 13),
No. 31999 R 2637: Commission Regulation (EC) No 2637/1999 of 12/14/1999
(OJ L 323, 12/15/1999, p. 8),
No. 32000 R 0531: Commission Regulation (EC) No 531/2000 of 3/10/2000
(OJ L 64, 3/11/2000, p. 13),
No. 32000 R 0909: Commission Regulation (EC) No 909/2000 of 5/2/2000
(OJ L 105, 5/3/2000, p. 18),
No. 32000 R 1249: Commission Regulation (EC) No 1249/2000 of 6/15/2000
(OJ L 142, 6/16/2000, p. 3),
No. 32001 R 0385: Commission Regulation (EC) No 385/2001 of 2/26/2001
(OJ L 57, 2/27/2001, p. 18),
No. 32001 R 1441: Commission Regulation (EC) No 1441/2001 of 7/16/2001
(OJ L 193, 7/17/2001, p. 5),
No. 32002 R 0486: Commission Regulation (EC) No 486/2002 of 3/18/2002
(OJ L 76, 3/19/2002, p. 9),
No. 32002 R 1005: Commission Regulation (EC) No 1005/2002 of 6/12/2002
(OJ L 153, 6/13/2002, p. 3),
No. 32002 R 1501: Commission Regulation (EC) No 1501/2002 of 8/22/2002
(OJ L 227, 8/23/2002, p. 16),
No. 32002 R 1983: Commission Regulation (EC) No 1983/2002 of 11/7/2002
(OJ L 306, 11/8/2002, p. 8),
No. 32004 R 1809: Commission Regulation (EC) No 1809/2004 of 10/18/2004
(OJ L 318, 10/19/2004, p. 18).
Annex I shall be replaced by the following:
" ANNEX I
PERCENTAGES OF THE GUARANTEE THRESHOLD PER STATE-MEMBER OR
SPECIFIC REGION FOR THE RECOGNITION OF THE GROUPING OF
PRODUCERS
Member States or specific region of establishment of the
producer groupings
Percentage
Germany, Spain (except Castel-Lion, Navarre and the zone of
Chamzo, in the Basque Country), France (except Nord-Pas-de-Calais
and Picardy), Italy, Portugal (except Autonomous Region of the
Azores), Belgium, Austria, Romania
2%
Greece (except Epiro), Autonomous Region of the Azores
(Portugal), Nord-Pas-de-Calais and Picardy (France), Bulgaria
(except the municipalities of Banite, Zlatograd, Madan and Dospat
in the area of Djebel and the municipalities of Veliki Preslav, Varbitsa,
Shumen, Smiadovese, Varna, Dalgopol, General Tоsheveval,
Dobrich, Kavarna, Krushari, Shabla and Antonovo in the zone of the
Bulgaria of the North)
1%
Castles-Lion (Spain), Navarra (Spain), area of
Chamzo, in the Basque Country (Spain), Épiro (Greece),
municipalities of Banite, Zlatograd, Madan and Dospat in the area of
Djebel and the municipalities of Veliki Preslav, Varbitsa, Shumen,
Smiadovelop, Varna, Dalgopol, General Tоshevity, Dobrich,
Kavarna, Krushari, Shabla and Antonovo in the zone of Bulgaria
from the North)
0.3%
".
6. 31999 R 1493: Council Regulation (EC) No 1493/1999 of May 17
1999, which establishes the common organisation of the wine market (OJ L 179,
7/14/1999, p. 1), as amended by:
-32000 R 1622: Commission Regulation (EC) No 1622/2000 of 7/24/2000
(OJ L 194, 7/31/2000, p. 1),
-32000 R 2826: Council Regulation (EC) No 2826/2000 of 12/19/2000 (OJ
L 328 of 12/23/2000, p. 2),
-32001 R 2585: Council Regulation (EC) No 2585/2001 of 12/19/2001 (OJ
L 345 of 12/29/2001, p. 10),
-32003 R 0806: Council Regulation (EC) No 806/2003 of 4/14/2003 (OJ
L 122 of 5/16/2003, 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33),
-32003 R 1795: Commission Regulation (EC) No 1795/2003 of 10/13/2003
(OJ L 262, 10/14/2003, p. 13).
a) the following is added to Article 6:
" 5. With respect to Bulgaria and Romania, new rights will be assigned
plantation for the production of vqprd in a total of 1.5% of the wine-growing area,
2302.5 hectares for Bulgaria and 2830.5 hectares for Romania at the date of
accession. These rights will be assigned to a national reserve to which it will be
applicable Article 5º. ";
b) In Annex III, (Zones wineries) the following is added to point 2:
"g) In Romania, the region of Podişul Transilvaniei"
c) In Annex III, (Zones wineries) the last paragraph is replaced by the following:
"d)" In Slovakia, the region of Tokay. ",
e) In Romania, the vine surfaces not included in point (g) of point 2
or in point (f) of point 5. "
(d) In Annex III, (Zones wineries) the following is added to point 5:
" e) in Bulgaria, the vine surfaces of the following regions: Dunavska
Ravnina (сунависинина), Chernomorski Rayon (ерсостосостосторитостостостостостостосостост
Rozova Dolina (овововинининие)
f) in Romania, the vine surfaces of the following regions: Dealurile
Buzăului, Dealu Mare, Severinului and Plaiurile Drâncei, Colinele
Dobrogei, Terasele Dunării, the wine-growing region of the South, including sands, and
other favorable regions "
(e) In Annex III, (Zones wineries) the following is added to point 6:
" The wine-growing zone C III a) comprises, in Bulgaria, the vine surfaces do not
included in point (e) of point 5 ",
(f) In Annex V, Part D. 3, the following is added:
"and in Romania";
7. 32000 R 1673: Council Regulation (EC) No 1673/2000 of July 27
of 2000, which establishes the common market organization in the linen and the
hemp intended for the production of fibres (OJ L 193, 7/29/2000, p. 16), with the
wording that was given to it by:
-32002 R 0651: Commission Regulation (EC) No 651/2002 of 4/16/2002
(OJ L 101, 4/17/2002, 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33),
-32003 R 1782: Council Regulation (EC) No 1782/2003 of 9/29/2003 (OJ
L 270 of 10/21/2003, p. 1),
-32004 R 0393: Council Regulation (EC) No 393/2004 of 2/24/2004 (OJ
L 65 of 3/3/2004, p. 4).
(a) Article 3 (1) is replaced by the following:
" 1. It is established for the long fibers of linen a maximum quantity
guaranteed 80878 tons per marketing campaign, rematch between
all Member States in the form of guaranteed national quantities. The
allocation of that quantity is as follows:
-13800 tonnes for Belgium,
-13 tonnes for Bulgaria,
-1923 for the Czech Republic,
-300 tonnes for Germany,
-30 tonnes for Estonia,
-50 tonnes for Spain,
-55800 tonnes for France,
-360 tonnes for Latvia,
-2263 tonnes for Lithuania,
-4800 tonnes for the Netherlands,
-150 tonnes for Austria,
-924 tonnes for Poland,
-50 tonnes for Portugal,
-42 tonnes for Romania,
-73 tonnes for Slovakia,
-200 tonnes for Finland,
-50 tonnes for Sweden,
-50 tonnes for the United Kingdom. "
(b) in Article 3 (2), the introductory sentence and point (a) shall go on to have the following
wording:
" 2. A guaranteed maximum quantity of 147265 tonnes is established
by marketing campaign for the short linen fibres and the fibers of
hemp to which aid can be granted. This quantity is rematch under the
shape:
a) of guaranteed national quantities for the following Member States:
-10350 tonnes for Belgium,
-48 tonnes for Bulgaria,
-2866 for the Czech Republic,
-12800 tonnes for Germany,
-42 tonnes for Estonia,
-20000 tonnes for Spain,
-61350 tonnes for France,
-1313 tonnes for Latvia,
-3463 tonnes for Lithuania,
-2061 tonnes for Hungary,
-5550 tonnes for the Netherlands,
-2500 tonnes for Austria,
-462 tonnes for Poland,
-1750 tonnes for Portugal,
-921 tonnes for Lithuania,
-189 tonnes for Slovakia,
-2250 tonnes for Finland,
-2250 tonnes for Sweden,
-12100 tonnes for the United Kingdom.
However, the guaranteed national quantity determined for Hungary
refers solely to hemp fibers. "
8. 32003 R 1782: Council Regulation (EC) No 1782/2003 of 29 of
September 2003, which sets out common rules for direct support schemes in the
scope of the common agricultural policy and establish certain support schemes to the
farmers and amend the Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) n.
1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) n para.
1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529 / /2001, with the
wording that was given to it by:
-32004 R 0021: Council Regulation (EC) No 21/2004 of 12/17/2003 (OJ
L 5 of 1/9/2004, p. 8),
-32004 R 0583: Council Regulation (EC) No 583/2004 of 3/22/2004 (OJ
L 91 of 3/30/2004, p. 1),
-32004 D 0281: Decision 2004 /281/CE of the Council of 3/22/2004 (OJ L 93
of 3/30/2004, p. 1),
- 32004 R 0864: Council Regulation (EC) No 864/2004 of 4/29/2004 (OJ
L 161 of 4/30/2004, p. 48).
(a) Article 2 (g) shall be replaced by the following:
"g)" new Member States "," Bulgaria, the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, the
Slovenia and Slovakia. ";
(b) in Article 5 (2), at the end of the first subparagraph the following is added:
" However, Bulgaria and Romania must ensure that the lands occupied by
permanent pastures on January 1, 2007 are kept as pastures
permanent. ";
(c) in Article 54 (2), at the end of the first subparagraph the following is added:
" However, for Bulgaria and Romania, the target date for applications for aid
by surface will be June 30, 2005. ";
d) Article 71 G-G is added the following:
" 9. For Bulgaria and Romania:
a) The triennial period referred to in paragraph 2 shall be 2002-2004;
b) the year referred to in point (a) of paragraph 3 is 2004;
(c) in the first paragraph of paragraph 4, reference to 2004 and / or 2005 shall
understand yourself as 2005 and / or 2006 and the reference to 2004 should understand
as 2005 ";
(e) Article 71-H is added the following:
" However, for Bulgaria and Romania, the reference to June 30, 2003 should
understand yourself as June 30, 2005. ";
(f) Article 74 (1) shall be replaced by the following:
" 1. Aid is granted to national base surfaces in the areas
traditional production listed in Annex X.
The base surfaces are as follows:
Bulgaria 21800 ha
Greece 617000 ha
Spain 594000 ha
France 208000 ha
Italy 1646000 ha
Cyprus 6183 ha
Hungary 2500 ha
Austria 7000 ha
Portugal 118000 ha
";
(g) Article 78 (1) is replaced by the following:
" 1. A guaranteed maximum area of 1648000 ha is established,
in respect of which aid may be granted. ";
(h) Article 80 (2) is replaced by the following:
" 2. The aid is fixed as follows, according to the incomes in the
Member States in question:
Marketing campaign
from 2004/2005 in case of
Application of Article 71 para.
(EUR/ha)
From the campaign of
marketing of
2005/2006
(EUR/ha)
Bulgaria-345.225
Greece 1 323.96 561.00
Spain 1 123.95 476.25
France:
-metropolitan territory
-French Guiana
971.73
1 to 329.27
411.75
563.25
Italy 1 069.08 453.00
Hungary 548.70 232.50
Portugal 1 070.85 453.75
Romania-126.075
";
(i) Article 81 shall be replaced by the following:
" Article 81.
Surfaces
A national base area is established for each Member State
producer. However, for France two base surfaces are established. The
base surfaces are as follows:
Bulgaria 4166 ha
Greece 20333 ha
Spain 104973 ha
France:
-metropolitan territory
-French Guiana
19050 ha
4190 ha
Italy 219588 ha
Hungary 3222 ha
Portugal 24667 ha
Romania 500 ha
Any Member State may subdivide its surface or surfaces
on the basis of base subsurfaces, according to objective criteria. ";
j (j) Article 84 is replaced by the following:
" Article 84.
Surfaces
1. Each Member State grants Community aid within a limit
maximum calculated by multiplying the number of hectares of your SNG, established
in paragraph 3, by the average amount of EUR 120.75.
2. A maximum guaranteed area of 829229 ha is established.
3. The maximum guaranteed area referred to in paragraph 2 shall be divided into the following
SNG:
Guaranteed national surfaces
(SNG)
Belgium 100 ha
Bulgaria 11984 ha
Germany 1500 ha
Greece 41100 ha
Spain 568200 ha
France 17300 ha
Italy 130100 ha
Cyprus 5100 ha
Luxembourg 100 ha
Hungary 2900 ha
Netherlands 100 ha
Austria 100 ha
Poland 4200 ha
Portugal 41300 ha
Romania 1645 ha
Slovenia 300 ha
Slovakia 3100 ha
United Kingdom 100 ha
4. Each Member State may subdivide its SNG into subsurfaces, from
agreement with objective criteria, particularly at the regional level or in the role of
production.
k) In Article 95, the following paragraphs are deferred to paragraph 4:
" As far as Bulgaria and Romania are concerned, the total quantities referred to in the
first paragraph are set out in Table f) of Annex I to Regulation (EC)
n ° 1788/2003 of the Council and journals in accordance with the sixth paragraph
of Article 6 (1) of Regulation (EC) No 1788/2003 of the Council.
As far as Bulgaria and Romania are concerned, the twelve-month period to which
refers to the first paragraph is that of 2006/2007. "
l) To the second paragraph of Article 103, the following is added:
" However, as far as Bulgaria and Romania are concerned, the application of the present
number is subject to the condition that the scheme of the single payment by
surface is applied in 2007 and opts for the application of Article 66. ";
(m) Article 105 (1) shall be replaced by the following:
" 1. A supplement to the area payment is paid for:
-EUR 291 /ha for the marketing campaign of 2005/2006,
-EUR 285 /ha for the marketing campaign of 2006/2007 and
following, for surfaces sown with durum wheat in the areas
traditional production listed in Annex X, within the limits to
follow indicated:
(hectares)
Bulgaria 21800
Greece 617000
Spain 594000
France 208000
Italy 1646000
Cyprus 6183
Hungary 2500
Austria 7000
Portugal 118000
";
(n) the following is added to the second paragraph of Article 108:
However, as far as Bulgaria and Romania are concerned, they cannot be
submitted applications for payment in respect of land which, on June 30
of 2005, were found to be affected to permanent pastures, to crops
permanent, to forests or to non-agricultural uses. ";
(o) Article 110 (1)-C shall be replaced by the following:
" 1. The following national base surfaces are established:
-Bulgaria: 10237 ha
-Greece: 370000 ha
-Spain: 70000 ha
-Portugal: 360 ha. ";
p (p) Article 110 (2)-C is replaced by the following:
" 2. For each eligible hectare, the amount of aid is set at:
-Bulgaria: EUR 263
-Greece: EUR 594 for 300000 hectares and EUR 342.85 for the
remaining 70000 hectares
-Spain: EUR 1039
-Portugal: EUR 556. ";
(q) Article 116 (4) shall be replaced by the following:
" 4. The maximum limits to be given below are applicable:
State-Member Rights (x 1000)
Belgium 70
Bulgaria 2 058.483
Czech Republic 66.733
Denmark 104
Germany 2432
Estonia 48
Greece 11023
Spain 19580
France 7842
Ireland 4956
Italy 9575
Cyprus 472.401
Latvia 18.437
Lithuania 17.304
Luxembourg 4
Hungary 1146
Malta 8.485
The Netherlands 930
Austria 206
Poland 335.88
Portugal 2690
Romania 5 880.620
Slovenia 84.909
Slovakia 305.756
Finland 80
Sweden 180
United Kingdom 19492
Total 89 to 607.008
";
(r) Article 123 (8) is replaced by the following:
" 8. The maximum limits to be given below are applicable:
Belgium 235149
Bulgaria 90343
Czech Republic 244349
Denmark 277110
Germany 1782700
Estonia 18800
Greece 143134
Spain 713999 *
France 1754732 **
Ireland 1077458
Italy 598746
Cyprus 12000
Latvia 70200
Lithuania 150000
Luxembourg 18962
Hungary 94620
Malta 3201
The Netherlands 157932
Austria 373400
Poland 926000
Portugal 175075 ***
Romania 452000
Slovenia 92276
Slovakia 78348
Finland 250000
Sweden 250000
United Kingdom 1419811 ****
* 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 maximum limit will be temporarily increased from 100000
heads to reach 1519811 heads up to the time when the
live animals less than six months old can be
exported. ".
";
(s) Article 126 (5) shall be replaced by the following:
" 5. The national ceilings set out below are applicable:
Belgium 394253
Bulgaria 16019
Czech Republic 90300
Denmark 112932
Germany 639535
Estonia 13416
Greece 138005
Spain * 1441539
France **
3779866
Ireland 1102620
Italy 621611
Cyprus 500
Latvia 19368
Lithuania 47232
Luxembourg 18537
Hungary 117000
Malta 454
The Netherlands 63236
Austria 375000
Poland 325581
Portugal ***
416539
Romania 150000
Slovenia 86384
Slovakia 28080
Finland 55000
Sweden 155000
United Kingdom 1699511 *
Without prejudice to the specific rules laid down in the
Regulation (EC) No 1454/2001. **
Without prejudice to the specific rules laid down in the
Regulation (EC) No 1452/2001. ***
Without prejudice to the specific rules laid down in the
Regulation (EC) No 1453/2001.
";
t) The second subparagraph of Article 130 (3) is replaced by the following:
With respect to the new Member States, national limits are the
indicated in the following table:
Bulls, oxen, cows and
heifers
Calves between 1 and 8 months and
with a carcass weight
less than 185 kg
Bulgaria 22191101542
Czech Republic 483382 27380
Estonia 107813 to 30000
Cyprus 21000-
Latvia 124320 53280
Lithuania 367484244200
Hungary 141559 94439
Malta 6002 17
Poland 1815430839518
Romania 1148000 85000
Slovenia 161137 35852
Slovakia 204062 to 62841
"
(u) the following subparagraph is added to Article 143:
" However, as far as Bulgaria and Romania are concerned, direct payments
should be introduced in accordance with the following schedule of increases
expressed as a percentage of the then applicable level of such payments in the
Community in its composition on April 30, 2004:
No. 25% in 2007
No. 30% in 2008
No. 35% in 2009
No. 40% in 2010
No. 50% in 2011
No. 60% in 2012
No. 70% in 2013
No. 80% in 2014
No. 90% in 2015
It is 100% from 2016. ";
v) Article 143 (4)-B, the following subparagraph is added:
" However, as far as Bulgaria and Romania are concerned, the agricultural area to the
shelter of the single payment scheme by area shall be the part of
useful agricultural area that is in good agricultural condition, whether or not it is
be used for production, adjusted, if necessary, according to criteria
objectives to be established by Bulgaria and Romania after approval by the
Commission. ";
(w) Article 143 (9)-B shall be replaced by the following:
" 9. In each new Member State it should be possible to apply the scheme of the
single payment by surface for a period from the end of 2006, with
possibility of renewal twice for a period of one year, at the request of the
new Member State. However, as far as Bulgaria and Romania are concerned, it shall
it is possible to apply the scheme of single payment by surface during a
period from the end of 2009, with possibility of renewal two times by
a period of one year, at your request. Subject to paragraph 11, each new State-
Member may decide to put an end to the application of the scheme at the end of the first or
of the second year of the application period, with a view to the implementation of the scheme
of the single payment. The new Member States shall report to the Commission
its intention to terminate the scheme by August 1 of the last year of
application. ";
x) To Article 143 (11)-B is added the following paragraph:
" As far as Bulgaria and Romania are concerned, until the end of the application period
of 5 years of the single-payer scheme per surface (i.e. up to 2011), is
applicable to the percentage rate fixed second paragraph of Article 143. If the
application of the single payment scheme by surface is extended beyond
of that date, pursuant to a decision taken under point (b), is
applicable the percentage rate set out in the second paragraph of Article 143 para.
2011, up to the end of the last year of application of the single payment scheme
by surface. ";
(y) Article 143 (2)-C shall be replaced by the following:
" 2. The new Member States should be given the possibility of, by
authorization of the Commission, supplement any direct payments up to:
a) In relation to all direct payments, 55% of the level of the
direct payments in the Community (in its composition on April 30
from 2004) in 2004, 60% in 2005 and 65% in 2006 and, as of 2007,
up to 30 percentage points above the level applicable in the year concerned, in the
terms of article 143. As far as Bulgaria and Romania are concerned, it will be
applicable the following: 55% of the level of direct payments in the
Community (in its composition on April 30, 2004) in 2007, 60%
in 2008 and 65% in 2009 and, as of 2010, up to 30 percentage points
above the level applicable in the year concerned, pursuant to the second
paragraph of article 143 .ºA. However, in the potato starch sector, the
Czech Republic can supplement direct payments up to 100%
of the level applicable in the Community in its composition on April 30 of
2004. However, for the direct payments to which the
Chapter 7 of Title IV of this Regulation, the
following maximum rates: 85% in 2004, 90% in 2005, 95% in 2006 and
100% from 2007. As far as Bulgaria and Romania are concerned, they will be
applicable at the following maximum rates: 85% in 2004, 90% in 2008,
95% in 2009 and 100% as of 2010;
or
b) in relation to direct payments, with the exception of the scheme of the
single payment, at the full level of direct aid that the farmer would have
right to be received by product in the new Member State in the calendar year of
2003 under a national scheme similar to that of the CAP,
increased by 10 percentage points. However, the reference year for the
Lithuania will be the calendar year 2002. For Bulgaria and for Romania, the
year of reference will 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 as of 2007,
ii) in relation to the single payment scheme, the total amount of aid
complimentary national direct ones that can be granted by the new
Member state for a given year shall be limited by one
specific financial envelope. This envelope must be equal to the difference
between:
-the total amount of national direct aid similar to that of the CAP
available in the new Member State concerned for the title of the calendar year of
2003 or, in the case of Lithuania, of the 2002 calendar year, increased, in
both cases, up 10 percentage points. However, for Bulgaria and
for Romania, the reference year will 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 maximum limit of the new Member State indicated in the
Annex VIII-A, adjusted, if necessary, in accordance with paragraph 2
of Article 64 and with Article 70 (2).
In the calculation of the total amount referred to in the first indent above, they shall be
included national direct payments and / or their components
corresponding to community direct payments and / or their
components taken into account in the calculation of the effective maximum limit of the new
Member State concerned in accordance with Article 64 (2), paragraph 2 of the
article 70 and with article 71 .ºC.
For each of the direct payments in question, a new Member State
may choose one of the two options, a) or b), mentioned above.
The total amount of direct aid that can be granted to the farmer in the
new Member States after accession, in the title of the relevant direct payment,
including all national direct payments of a complementary nature, not
should exceed the level of direct aid that the farmer would be entitled to receive the
title of the corresponding direct payment then applicable to the States-
Members of the Community in its composition on April 30, 2004. "
(z) Article 154 (2)-It shall be replaced by the following:
" 2. The measures referred to in paragraph 1 may be adopted for a period of time
with start on May 1, 2004 and term on June 30, 2009, not being
applicable beyond this last date. However, for Bulgaria and Romania,
that period commencement on January 1, 2007 and term on December 31 of
2011. The Council, acting by a qualified majority, on a proposal from the
Commission, may prolong these periods. ";
aa) In Annex III, the following footnotes are added:
to the title of point A
" * For Bulgaria and Romania, reference to 2005 should understand itself as
reference to the first year of application of the single payment scheme. "
to the title of point B:
" * For Bulgaria and Romania, reference to 2006 should understand itself as
reference to the second year of application of the single payment scheme. "
and, to the title of point C:
" * For Bulgaria and Romania, reference to 2007 should understand itself as
reference to the third year of application of the single payment scheme. "
ab) Annex VIII A is replaced by the following:
" ANNEX VIII To:
National maximum limits referred to in Article 71-C
The maximum limits were calculated taking into account the timing of increases
set out in Article 143 and, therefore, it is not necessary to reduce them.
(EUR million)
Year
civil Bulgaria
Republic
Czech Estonia Cyprus Latvia
Lithuanians
a
Hungri
to Malta Poland Romania Slovenia Slovakia
2005-228.8 23.4 8.9 33.9 92.0 350.8 0.67 724.6-35.8 97.7
2006-266.7 27.3 12.5 39.6 107.3 420.2 0.83 881.7-41.9 115.4
2007 200.3 343.6 40.4 16.3 55.6 508.3 1.64 1 440.0 56.1 146.6 146.6 146.6
2008 240.4 429.2 50.5 20.4 69.5 634.9 2.05 1 527.9 70.1 183.2 183.2 183.2
2009 281.0 514.9 60.5 24.5 83.4 761.6 2.46 1 618.1 84.1 219.7 219.7 219.7
2010 321.2 600.5 70.6 28.6 97.3 888.2 2.87 1 706.4 98.1 256.2 256.2 256.2
2011 401.4 686.2 80.7 32.7 111.2 1 014.9 3.28 281.1 883.0 112.1 292.8 292.8
2012 481.7 771.8 90.8 36.8 125.1 1 141.5 3.69 566.2 1 059.6 126.1 329.3 329.3 329.3 329.3 329.3 329.3 329.3 329.3 329.3 329.3 329.3
2013 562.0 857.5 100.9 40.9 139.0 1 268.2 4.10 851.3 1 236.2 140.2 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9
2014 642.3 857.5 100.9 40.9 139.0 1 268.2 4.10 851.3 1 412.8 140.2 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9
2015 722.6 857.5 100.9 40.9 139.0 1 268.2 4.10 851.3 1 589.4 140.2 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9
years
next
s
802.9 857.5 100.9 40.9 139.0 367.1 268.2 4.10 2 1 766.0 140.2 365.9 365.9
";
ac) To Annex X is added the following:
" BULGARIA
Starozagorski
Haskovski
Slivenski
Yambolski
Burgaski
Dobrichki
Plovdivski ";
ad) Annex XI B is replaced by the following:
" ANNEX XI B
National base surfaces for arable crops and reference yields in the
new Member States, referred to in Articles 101 and 103.
Surface of
basis (in
hectares)
Throughput of
reference (t/ha)
Bulgaria 2625258 2.90
Czech Republic 2253598 4.20
Estonia 362827 to 2.40
Cyprus 79004 2.30
Latvia 443580 2.50
Lithuania 1146633 2.70
Hungary 3487792 4.73
Malta 4565 2.02
Poland 9454671 3.00
Romania 7012666 2.65
Slovenia 125171 5.27
Slovakia 1003453 to 4.06
".
9. 32003 R 1788: Council Regulation (EEC) No 1788/2003 of 29 of
September 2003, which institutes an imposition in the milk and dairy products sector
(OJ L 270, 10/21/2003, p. 123), as amended by:
-32004 D 0281: Decision 2004 /281/CE of the Council of 3/22/2004 (OJ L 93
of 3/30/2004, p. 1).
a) the following subparagraph is added to Article 1 (4):
" As for Bulgaria and Romania, a special reserve shall be constituted of
restructuring as it appears in Table g) of Annex I. This reservation will be
released as of April 1, 2009, to the extent that the consumption of milk and
of dairy products on the farm in each of these countries has descended
since 2002. The decision as to the release of the reserve and its apportionment between
deliveries and direct sales shall be taken by the Commission under the terms of paragraph 2
of Article 23, on the basis of the evaluation of a report to be submitted to the Commission
by Bulgaria and Romania until December 31, 2008. This report should
describe in detail the results and trends of the current process
of restructuring in the national sector of dairy products, in particular the
passage of production for consumption purposes on the farm for production
intended for the market. ";
b (b) Article 1 (5) is replaced by the following:
" 5. " As regards Bulgaria, the Czech Republic, Estonia, Cyprus, the
Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and the
Slovakia, national reference quantities must include all milk from
cow or equivalent-milk delivered to a buyer or sold directly
for consumption, regardless of whether they are produced or marketed to the
shelter from a transitional measure applicable in those countries. ";
c) the following paragraph shall be added to Article 1:
" 6. As far as Bulgaria and Romania are concerned, the levy will be applicable to
departure from April 1, 2007.
(d) In Article 6 (1), the third and fourth paragraphs shall go on to have the following
wording:
" As far as Bulgaria, the Czech Republic, Cyprus, Latvia, is concerned,
to Lithuania, Hungary, Malta, Poland, Romania, Slovenia and the
Slovakia, the basis for the establishment of the reference quantities
individual referred to is set out in Table f) of Annex I.
" In the case of Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, the
Lithuania, Hungary, Malta, Poland, Romania, Slovenia and the
Slovakia, the period of 12 months for the establishment of the quantities of
individual reference starts on: April 1, 2001 for Hungary, April 1
from 2002 to Malta and Lithuania, April 1, 2003 to the Czech Republic,
Cyprus, Estonia, Latvia and Slovakia, April 1, 2004 for Poland and
Slovenia and April 1, 2006 for Bulgaria and Romania. ";
(e) the following subparagraph is added to Article 6 (6):
" In relation to Bulgaria and Romania, the allocation of the total quantity between
deliveries and direct sales constant of Table f) of Annex I shall be reviewed
on the basis of the actual values for 2006 concerning deliveries and direct sales and, if
required, adjusted by the Commission in accordance with the procedure
referred to in Article 23 (2). "
(f) the second subparagraph of Article 9 (2) is replaced by the following:
" As regards Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, the
Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia, the
reference content in fat referred to in paragraph 1 shall be the same as the content of
reference in fat of these quantities allocated to the producers in the
following dates: March 31, 2002 for Hungary, March 31, 2003 for the
Lithuania, March 31, 2004 for the Czech Republic, Cyprus, Estonia, the
Latvia and Slovakia, March 31, 2005 for Poland and Slovenia and 31 of
March 2007 for Bulgaria and Romania. "
(g) the following subparagraph is added to Article 9 (9):
" In relation to Romania, the reference content in constant fat of the
Annex II shall be revised on the basis of the figures for the whole of 2004 and, if
required, adjusted by the Commission in accordance with the procedure
referred to in Article 23 (2). "
h) In Annex I, tables d), e) f) and g) are replaced by the following:
" d) Period 2007/2008
State-Member Quantities, tons
Belgium
Bulgaria
Czech Republic
Denmark
Germany
Estonia
Greece
Spain
France
Ireland
Italy
Cyprus
Latvia
Lithuania
Luxembourg
Hungary
Malta
3343 to 535.000
979 to 000.000
2682 to 143.000
4499 to 900.000
28143 to 464.000
624 to 483.000
820 to 513.000
6116 to 950.000
24478 to 156.000
5395 to 764.000
10530 to 060.000
145 to 200.000
695 to 395.000
1646 to 939.000
271 to 739.000
1947 to 280.000
48 to 698.000
The Netherlands
Austria
Poland
Portugal
Romania
Slovenia
Slovakia
Finland
Sweden
United Kingdom
11185 to 440.000
2776 to 895.000
8964 to 017.000
1939 to 187.000
3057 to 000.000
560 to 424.000
1013 to 316.000
2431 to 047.324
3336 to 030.000
14755 to 647.000
e) Period 2008/2009 to 2014/2015
State-Member Quantities, tons
Belgium
Bulgaria
Czech Republic
Denmark
Germany
Estonia
Greece
Spain
France
Ireland
Italy
Cyprus
Latvia
3360 to 087.000
979 to 000.000
2682 to 143.000
4522 to 176.000
28282 to 788.000
624 to 483.000
820 to 513.000
6116 to 950.000
24599 to 335.000
5395 to 764.000
10530 to 060.000
145 to 200.000
695 to 395.000
Lithuania
Luxembourg
Hungary
Malta
The Netherlands
Austria
Poland
Portugal
Romania
Slovenia
Slovakia
Finland
Sweden
United Kingdom
1646 to 939.000
273 to 084.000
1947 to 280.000
48 to 698.000
11240 to 814.000
2790 to 642.000
8964 to 017.000
1948 to 550.000
3057 to 000.000
560 to 424.000
1013 to 316.000
2443 to 069.324
3352 to 545.000
14828 to 597.000
f) Reference quantities for deliveries and direct sales to which if
refers to the second paragraph of Article 6 (1)
Member State
Quantities of
reference for
deliveries, tons
Quantities of
reference for sales
direct, tons
Bulgaria
Czech Republic
Estonia
Cyprus
Latvia
Lithuania
Hungary
Malta
722000
2613239
537188
141337
468943
1256440
1782650
48698
257000
68904
87365
3863
226452
390499
164630
-
Poland
Romania
Slovenia
Slovakia
8500000
1093000
467063
990810
464017
1964000
93361
22506
g) Quantities of the special restructuring reserve as referred to in paragraph 4
of Article 1 para.
State-Member Quantities of the special reserve of
restructuring, tonnes
Bulgaria
Czech Republic
Estonia
Latvia
Lithuania
Hungary
Poland
Romania
Slovenia
Slovakia
39180
55788
21885
33253
57900
42780
416126
188400
16214
27472
"
(i) In Annex II, the table is replaced by the following:
" REFERENCE CONTENT IN FAT
State-Member Teor of reference in matter
fat (g/kg)
Belgium
Bulgaria
Czech Republic
Denmark
Germany
Estonia
Greece
Spain
France
Ireland
Italy
Cyprus
Latvia
Lithuania
Luxembourg
Hungary
The 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. TRANSPORT POLICY
31996 L 0026: Council Directive 96 /26/CE of April 29, 1996 on the
access to the profession of road haulage and conveyor
commuter road, as well as to the mutual recognition of diplomas,
certificates and other securities, with the aim of favouring the effective exercise of the
freedom to establish such transporters in the field of transport
national and international (OJ L 124, 5/23/1996, p. 1), as amended
given by:
-31998 L 0076: Council Directive 98 /76/CE of 10/1/1998 (OJ L 277
of 10/14/1998, 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
-32004 L 0066: Council Directive 2004 /66/CE of 4/26/2004 (OJ L 168
of 5/1/2004, p. 35).
a) to Article 10 the following numbers are postponed:
" 11. By way of derogation from paragraph 3, certificates passed on to carriers
road in Bulgaria before the date of accession are only equated with the
certificates issued by virtue of the provisions of this Directive if they have been
passed to:
-international road hauliers of goods and passengers
under the Decree No. 11 of October 31, 2002 on the
international road transport of passengers and goods
(Official Gazette No. 108 of November 19, 2002), as of 19 of
November 2002,
-national transport operators of goods and passengers to the
shelter from Decree No. 33 of November 3, 1999 on the
road transport of passengers and goods in the territory of the
Bulgaria, amended on October 30, 2002 (Official Gazette No 108
of November 19, 2002), as of November 19, 2002.
12. By way of derogation from paragraph 3, certificates passed on to carriers
road in Romania before the date of accession are only equated with the
certificates issued by virtue of the provisions of this Directive if they have been
passed on to international road hauliers of goods and of
passengers under the decision of the Minister of Transport n. 761 of
December 21, 1999 on the appointment, training and certification
professional of people who coordinate in a permanent and effective manner
road transport activities, as of January 28, 2000. ".
(b) the second paragraph of Article 10-B shall be replaced by the following:
" The certificates of professional competence referred to in paragraphs 4 a to 12 of the article
10. may be passed back by the Member States concerned by the
model of certificate appearing in Annex I A. "
4. TAXATION
1. 31977 L 0388: Sixth Directive 77 /388/CEE of the Council,
of May 17, 1977, on the harmonisation of the laws of the Member States
relating to taxes on turnover-common system of the tax on
the value added: uniform collectible matter (OJ L 145, 6/13/1977, p. 1), with the
wording that was given to it by:
-11979 H: Act concerning the conditions of accession and the adjustments to the Treaties-
Accession of the Hellenic Republic (OJ L 291, 11/19/1979, p. 95),
-31980 L 0368: Council Directive 80 /368/CEE of 3/26/1980 (OJ L 90,
4/3/1980, p. 41),
-31984 L 0386: Council Directive 84 /386/CEE of 7/31/1984 (OJ L 208,
8/3/1984, p. 58),
-11985 I: An Act on the Conditions of Accession and the Adjustments to the Treaties-
Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302,
11/15/1985, p. 167),
-31989 L 0465: Council Directive 89 /465/CEE of 7/18/1989 (OJ L 226,
8/3/1989, p. 21),
-31991 L 0680: Council Directive 91 /680/CEE of 12/16/1991 (OJ L 376,
12/31/1991, p. 1),
-31992 L 0077: Council Directive 92/77/CEE of 10/19/1992 (OJ L 316,
10/31/1992, p. 1),
-31992 L 0111: Council Directive 92/111/CEE of 12/14/1992 (OJ L 384,
12/30/1992, p. 47),
-31994 L 0004: Council Directive 94 /4/CE of 2/14/1994 (OJ L 60,
3/3/1994, p. 14),
-31994 L 0005: Council Directive 94 /5/CE of 2/14/1994 (OJ L 60,
3/3/1994, p. 16),
-31994 L 0076: Council Directive 94 /76/CE of 12/22/1994 (OJ L 365,
12/31/1994, p. 53),
-31995 L 0007: Council Directive 95 /7/CE of 4/10/1995 (OJ L 102,
5/5/1995, p. 18),
-31996 L 0042: Council Directive 96 /42/CE of 6/25/1996 (OJ L 170,
7/9/1996, p. 34),
-31996 L 0095: Council Directive 96 /95/CE of 12/20/1996 (OJ L 338,
12/28/1996, p. 89),
-31998 L 0080: Council Directive 98 /80/CE of 10/12/1998 (OJ L 281,
10/17/1998, p. 31),
-31999 L 0049: Council Directive 1999 /49/CE of 05/25/1999 (OJ L 139,
06/02/1999, p. 27),
-31999 L 0059: Council Directive 1999 /59/CE of 6/17/1999 (OJ L 162,
6/26/1999, p. 63),
-31999 L 0085: Council Directive 1999 /85/CE of 10/22/1999 (OJ L 277,
10/28/1999, p. 34),
-32000 L 0017: Council Directive 2000 /17/CE of 3/30/2000 (OJ L 84,
4/5/2000, p. 24),
-32000 L 0065: Council Directive 2000 /65/CE of 10/17/2000 (OJ L 269,
10/21/2000, p. 44),
-32001 L 0004: Council Directive 2001 /4/CE of 1/19/2001 (OJ L 22,
1/24/2001, p. 17),
-32001 L 0115: Council Directive 2001 /115/CE of 12/20/2001 (OJ L 15,
1/17/2002, p. 24),
-32002 L 0038: Council Directive 2002/38/CE of 5/7/2002 (OJ L 128,
5/15/2002, p. 41),
-32002 L 0093: Council Directive 2002/93/CE of 12/3/2002 (OJ L 331,
12/7/2002, 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33),
-32003 L 0092: Council Directive 2003 /92/CE of 10/7/2003 (OJ L 260
of 10/11/2003, p. 8),
-32004 L 0007: Council Directive 2004 /7/CE of 1/20/2004 (OJ L 27
of 1/30/2004, p. 44),
-32004 L 0015: Council Directive 2004 /15/CE of 2/10/2004 (OJ L 52
of 2/21/2004, p. 61),
-32004 L 0066: Council Directive 2004 /66/CE of 04/26/2004 (OJ L 168
of 05/01/2004, p. 35).
In Article 24-A, before the indent "-in the Czech Republic: EUR 35000;", is inserted
next indent:
"-in Bulgaria: EUR 25600;".
and, after the indent "-in Poland: EUR 10000;", the following indent is inserted:
"-in Romania: EUR 35000;".
2. 31992 L 0083: Council Directive 92/83/CEE of October 19, 1992,
on the harmonisation of the structure of excise taxes on alcohol
and alcoholic beverages (OJ L 316, 10/31/1992, p. 21), as amended to be given
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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
(a) Article 22 (6) is replaced by the following:
" 6. Bulgaria and the Czech Republic can apply reduced rates of
tax, not less than 50% to the national standard rate of tax
special consumption on ethyl alcohol, ethyl alcohol produced by
distilleries from fruit producers that produce more annually
of 10 hectolitres of ethyl alcohol from fruit supplied by aggregates of
producers. The application of the reduced rates is limited to 30 litres annual
fruit spirits based on fruit by aggregate of producers, exclusively
intended for personal consumption of the same. "
b (b) Article 22 (7) is replaced by the following:
" 7. Hungary, Romania and Slovakia may apply reduced rates of
tax, not less than 50% to the national standard rate of tax
special consumption on ethyl alcohol, ethyl alcohol produced by
fruit grower distilleries that produce annually more than 10
hectolitres of ethyl alcohol from fruit supplied by aggregates of
producers. The application of the reduced rates is limited to 50 litres annual
fruit spirits based on fruit by aggregate of producers, exclusively
intended for personal consumption of them. The Commission should review this scheme
in 2015 and submit a report to the Council on any changes. ".
_______________________
ANNEX IV
List referred to in Article 17º of the Protocol:
supplementary adaptations of acts
adopted by the institutions
1. AGRICULTURE
A. AGRICULTURAL LEGISLATION
1. Treaty establishing a Constitution for Europe, Part III, Title III,
Chapter III, Section 4, Agriculture and fisheries
The Council, acting by a qualified majority on a proposal from the Commission and after
consultation with the European Parliament, will amend the regulation establishing the organisation
common market in the sugar sector to take into account the accession of Bulgaria and the
Romania, by adjusting the sugar and isoglucose quotas and needs
highs of supply for the import of raw sugar, set out in the table
next, which could be adapted in the same way as the quotas of the present states-
Members, in order to ensure compliance with the principles and objectives of the
common organization of market in the sugar sector then in force.
Quantities agreed
(in tonnes)
Bulgaria Romania
Amount of base for sugar 1 4752109164
of which: A 4320 to 99240
B 432 9924
Maximum supply needs for
the import of raw sugar (expressed in
white sugar)
198748329636
Amount of basis for isoglycosis 2 56063 to 9981
of which: A 56063 to 9790
B 0191
1 In tons of white sugar.
2 In tons of dry matter.
If Bulgaria so requests it in 2006, the basic quantities of sugar A and B
above-mentioned will pass to the basic quantities of isoglycosis A and B of the
Bulgaria.
2. 31998 R 2848: Commission Regulation (EC) No 2848/98 of December 22
of 1998, laying down detailed rules for the implementation of Regulation (EEC) No 2075/92 of the
Advice with regard to the premium scheme, production quotas and aid
specific to be granted to producer groups in the rama tobacco sector (OJ
L 358 of 12/31/1998, p. 17), as amended by:
No. 31999 R 0510: Commission Regulation (EC) No 510/1999 of 3/8/1999
(OJ L 60, 3/9/1999, p. 54),
No. 31999 R 0731: Commission Regulation (EC) No 731/1999 of 4/7/1999
(OJ L 93, 4/8/1999, p. 20),
No. 31999 R 1373: Commission Regulation (EC) No 1373/1999 of 6/25/1999
(OJ L 162, 6/26/1999, p. 47),
No. 31999 R 2162: Commission Regulation (EC) No 2162/1999 of 10/12/1999
(OJ L 265, 10/13/1999, p. 13),
No. 31999 R 2637: Commission Regulation (EC) No 2637/1999 of 12/14/1999
(OJ L 323, 12/15/1999, p. 8),
No. 32000 R 0531: Commission Regulation (EC) No 531/2000 of 3/10/2000
(OJ L 64, 3/11/2000, p. 13),
No. 32000 R 0909: Commission Regulation (EC) No 909/2000 of 5/2/2000
(OJ L 105, 5/3/2000, p. 18),
No. 32000 R 1249: Commission Regulation (EC) No 1249/2000 of 6/15/2000
(OJ L 142, 6/16/2000, p. 3),
No. 32001 R 0385: Commission Regulation (EC) No 385/2001 of 2/26/2001
(OJ L 57, 2/27/2001, p. 18),
No. 32001 R 1441: Commission Regulation (EC) No 1441/2001 of 7/16/2001
(OJ L 193, 7/17/2001, p. 5),
No. 32002 R 0486: Commission Regulation (EC) No 486/2002 of 3/18/2002
(OJ L 76, 3/19/2002, p. 9),
No. 32002 R 1005: Commission Regulation (EC) No 1005/2002 of 6/12/2002
(OJ L 153, 6/13/2002, p. 3),
No. 32002 R 1501: Commission Regulation (EC) No 1501/2002 of 8/22/2002
(OJ L 227, 8/23/2002, p. 16),
No. 32002 R 1983: Commission Regulation (EC) No 1983/2002 of 11/7/2002
(OJ L 306, 11/8/2002, p. 8),
No. 32004 R 1809: Commission Regulation (EC) No 1809/2004 of 10/18/2004
(OJ L 318, 10/19/2004, p. 18).
If necessary and through the procedure referred to in Article 23 of the
Council Regulation (EC) No 2075/92 of June 30, 1992 laying down the
common market organization in the rama tobacco sector 1 , the Commission shall adopt,
to the date of accession, the necessary changes to the Community list of the production areas
recognized constants of Annex II to Commission Regulation (EC) No 2848/98,
to take into account the accession of Bulgaria and Romania, in particular in order to enter
in that list the production areas designated by Bulgaria and Romania.
3. 32003 R 1782: Council Regulation (EC) No 1782/2003,
of September 29, 2003, which sets out common rules for support schemes
direct within the framework of the common agricultural policy and establish certain support schemes
to farmers and amend the Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC)
n. 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC)
n. 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ L 270
of 10/21/2003, p. 1), as amended by:
-32004 R 0021: Council Regulation (EC) No 21/2004 of 12/17/2003
(OJ L 5, 1/9/2004, p. 8),
-32004 R 0583: Council Regulation (EC) No 583/2004 of 3/22/2004
(OJ L 91, 3/30/2004, p. 1),
-32004 D 0281: Decision 2004 /281/CE of the Council of 3/22/2004 (OJ L 93
of 3/30/2004, p. 1),
-32004 R 0864: Council Regulation (EC) No 864/2004 of 4/29/2004 (OJ
L 161 of 4/30/2004, p. 48).
1 OJ L 215, 7/30/1992, p. 70.
(a) the Council, acting by a qualified majority, on a proposal from the Commission and
after consultation with the European Parliament, shall adopt the necessary provisions for
that Bulgaria and Romania integrate aid to seed production in the schemes
of support provided for in Chapter 6 of Title III and in Title IV-A of the
Regulation (EC) No 1782/2003.
(i) Those provisions shall include the following amendment of Annex XI A " Limits
maximum for seed production aids in the new Member States
referred to in Article 99 (3) of Regulation (EC) No 1782/2003 with a
wording that was given to it by Regulation (EC) No 583/2004:
" ANNEX XI A
Maximum limits for seed production aids in the new states-
Members referred to in Article 99 (3)
(EUR million)
Calendar year Bulgaria Republic
Czech Estonia Cyprus Latvia Hungary Malta Poland Romania Slovenia
Slovakian
a
2005-0.87 0.04 0.0
3 0.10 0.10 0.78 0.03 0.56
-0.08 to 0.04
2006-1.02 0.04 0.0
3 0.12 0.12 0.90 0.03 0.65
-0.10 to 0.04
2007 0.11 1.17 0.05 0.0
4 0.14 0.14 1.03 0.04 0.74 0.19 0.11 0.05
2008 0.13 1.46 0.06 0.0
5 0.17 0.17 1.29 0.05 0.93 0.23 0.14 0.06
2009 0.15 1.75 0.07 0.0
6 0.21 0.21 1.55 0.06 1.11 0.26 0.17 0.07
2010 0.17 2.04 0.08 0.0
7 0.24 0.24 1.81 0.07 1.30 0.30 0.19 0.08
2011 0.22 2.33 0.10 0.0
8 0.28 0.28 2.07 0.08 1.48 0.38 0.22 0.09
2012 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
2013 0.30 2.91 0.12 0.1
0 0.35 0.35 2.59 0.10 1.85 0.53 0.28 0.12
2014 0.34 2.91 0.12 0.1
0 0.35 0.35 2.59 0.10 1.85 0.60 0.28 0.12
2015 0.39 2.91 0.12 0.1
0 0.35 0.35 2.59 0.10 1.85 0.68 0.28 0.12
2016 0.43 2.91 0.12 0.1
0 0.35 0.35 2.59 0.10 1.85 0.75 0.28 0.12
years
following 0.43 2.91 0.12
0.1
0 0.35 0.35 2.59 0.10 1.85 0.75 0.28 0.12
"
ii) It is the following the breakdown of the national maximum quantities of seeds to which
it is applicable for help:
Breakdown of national maximum quantities of seeds to which is applicable to
help
(in tonnes)
Bulgaria Romania
Rice seed ( Oryza sativa L.) 883.2 100
Other seeds 936 to 2294
(b) the Council, acting by a qualified majority on a proposal from the Commission, and
after consultation with the European Parliament, adopt the necessary provisions in
relation to Bulgaria and Romania to integrate tobacco aid into the regimes of
support set out in Chapter 6 of Title III and Title IV-A of the
Regulation (EC) No 1782/2003.
The agreed apportionment of the national guarantee thresholds for tobacco are as follows:
Agreed apportionment of national guarantee thresholds for tobacco
(in tonnes)
Bulgaria Romania
Total, of which: 47137 to 12312
I Dry hot air 9023 4647
II Of course dry to air 3208 2370
V Dry to the sun 5295
VI Basmas 31106
VIII Kaba Koulak 3800
B. VETERINARY AND PHYTOSANITARY LEGISLATION
31999 L 0105: Council Directive 1999 /105/CE of December 22, 1999,
on the marketing of forest reproductive materials (OJ L 11, 1/15/2000,
p. 17).
If necessary and through the procedure referred to in Article 26 (3) of the
Directive 1999 /105/CE, the Commission shall make the adjustment of Annex I of the said
directive with regard to 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. LAW OF SOCIETIES
Treaty establishing a Constitution for Europe, Part III, Title III, Chapter I,
Section 3, Free movement of goods
SPECIFIC MECHANISM
As far as Bulgaria or Romania, the holder-or the beneficiary-of a patent
or of a complimentary certificate of protection of a pharmaceutical product requested
in a Member State on a date when it was not possible to obtain such protection in one of the
new Member States referred to above for such product, may invoke the rights
conferred by that patent or complimentary certificate of protection to prevent the
import and marketing of that product in the State or Member States in which the
product in question enjoys the protection afforded by the patent or the certificate
complimentary of protection, even if the said product has been placed in the
market for the first time in that new Member State by itself or with its
consent.
Any person who intends to import or commercialize a pharmaceutical product
covered by the preceding paragraph for a Member State where the product enjoys
protection afforded by the patent or supplementary protection, must prove to the
competent authorities, in the application relating to such import, that the holder or the
beneficiary of that production was previously notified with the deadline of one month.
2. COMPETITION POLICY
Treaty establishing a Constitution for Europe, Part III, Title III, Chapter I,
Section 5, Rules of competition
1. The aid schemes and individual aid to be given in implementation
in a new Member State prior to the date of accession and which continue to be
applicable after that date shall be considered, at the time of accession,
existing aid within the meaning of Article III-168 (1) of the Constitution:
a) aid measures in implementation before December 10, 1994;
b) aid measures listed in the Appendix to this Annex;
c) aid measures which, prior to the date of accession, have been assessed by the
authority for control of State aid of the new Member State and
considered to be compatible with the acquis, and to which the Commission did not
raised objections motivated by serious doubts as to compatibility
of the measures with the common market, pursuant to section 2.
All measures still applicable after the date of accession which constitute a
state aid and do not fulfil the conditions set out above are considered
new aid at the time of accession, for the purposes of Article III-168 (3) of the
Constitution.
The above shall not apply to aid to the transport sector, nor to the
activities associated with the production, processing or marketing of the
products listed in Annex I to the Constitution except fishery products and
derived products.
In addition, the above shall be without prejudice to the transitional measures concerning the
Competition Policy provided for in the Protocol nor the measures provided for in the
Annex VII, Chapter 4, Section B, of the Protocol.
2. If a new Member State wishes the Commission to examine a measure of
aid under the procedure described in point (c) of section 1, will provide
regularly to the Commission:
a) A list of the existing aid measures that have been assessed by the
national authority for control of State aid and for it considered
compatible with the acquis, and
b) Any other essential information for the evaluation of the
compatibility of the aid measure to be analysed,
under the concrete requirements laid down by the Commission in respect of
information.
If the Commission does not object to the measure on the basis of serious doubts as to the
compatibility of the same with the common market, within three months a
count of the date of receipt of the full information on the aid measure
existing, or from a declaration by a new Member State in which this informs
the Commission that it considers the information provided complete, by virtue of the
additional information requested are not available or have already been
provided, it is considered that the Commission has not raised any objections.
All aid measures submitted to the Commission pursuant to paragraph (c) of the
point 1 before the date of accession shall be subject to the procedure described
supra, regardless of the fact that, during the period of analysis, the new
Member State concerned if it has meanwhile become a member of the Union.
3. If the Commission decides to raise objections to a measure within the meaning of paragraph (c)
of point 1, such a decision shall be considered as a decision of initiation of a
formal investigation procedure within the meaning of the Regulation (EC)
n ° 659/1999 of the Council of March 22, 1999 laying down the rules of
implementation of Article 93 of the EC Treaty 1 .
If taken before the date of accession, such a decision shall only produce effects to
from the date of accession.
1 OJ L 83, 3/27/1999, p. 1. Regulation with the last wording given by the
Act of Accession of 4/16/2003 (OJ L 236, 9/23/2003, p. 345).
4. Without prejudice to the procedures relating to 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
prior to the date of accession and which continue to apply after that date shall
be considered existing aid within the meaning of Art. 168 (1) of the
Constitution in the following conditions:
-the aid measures shall be communicated to the Commission within the period of
four months from the date of accession. Such communication must include
information on the legal basis of each measure. The aid measures
existing and projects relating to the institution or alteration of any
aid, communicated to the Commission prior to the date of accession, will be
considered to have been communicated on the date of accession.
Such aid measures should be considered "existing aid" within the meaning
of Article 168 (1) of the Constitution by the end of the third year from the
date of accession.
The new Member States shall change, where necessary, the measures of
aid in order to comply with the guidelines applied by the Commission the most
not later than the end of the third year from the date of accession. After that date, the
aid incompatible with the above mentioned guidelines will be considered
new aid.
5. As far as Romania is concerned, paragraph 1 (c) shall only be applicable to the measures of
aid assessed by the national state aid control authority after the
date, decided by the Commission on the basis of a permanent examination of the
commitments made by Romania in the context of the accession negotiations,
in which Romania has reached a satisfactory level in the application of the
law in the field of State aid in the period prior to accession. Considers itself
that a satisfactory level has been reached when Romania demonstrates that it proceeds
to the consistent implementation of the complete and appropriate control of State aid in
relation to all aid measures granted in Romania, including the
approval and implementation, on the part of the national supervisory authority of the
state aid, of full and correctly grounded decisions that
conduct an accurate assessment of the nature of state aid of each measure and
a correct application of the compatibility criterion.
The Commission may raise objections, prompted by serious doubts as to the
compatibility with the common market, to any aid measures
granted in the pre-accession period between September 1, 2004 and the date
established in the decision of the Commission referred to above, in which it is found that the
implementation of the law in the implementation of State aid has reached a level
satisfactory. The Commission's decision to raise objections to a measure will be
considered a decision of initiation of a formal investigation procedure, in the
meaning of Regulation (EC) No 659/1999. If taken before the date of the
accession, such a decision shall only produce effect from the date of accession.
Where to approve a negative decision after the start of a procedure
formal research, the Commission should decide that Romania should take
all necessary measures for the aid to be recovered. The aid to
recover should include interest at an appropriate rate determined according to the
Regulation (EC) No 794/2004 1 , chargable from the same date.
3. AGRICULTURE
a) 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 their market support policy should be taken up by the
Community with the value resulting from the application of Article 8 of the
Council Regulation (EEC) No 1883/78 of August 2, 1978 on the
general rules on the financing of interventions by the European Fund of
1 Commission Regulation (EC) No 794/2004 of April 21, 2004 on the application
of the Council Regulation (EC) No 659/1999 laying down the rules for the implementation of the
Article 93 of the EC Treaty (OJ L 140, 4/30/2004, p. 1).
Agricultural Guidance and Guarantee, Section Guarantee 1 . The take on the job only if
it carries out if the products in question are the subject of public intervention in the
Community and if stocks correspond to community requirements in
matter of intervention.
2. The stocks of products, private or public, that find themselves in free
practice at the date of accession in the territory of the new Member States and which exceed,
in quantity, which can be considered a normal reporting existence
shall be removed at the expense of the new Member States.
The notion of normal reporting existence will be defined for each product on the basis of
in the criteria and own objectives of each common market organization.
3. The stocks referred to in paragraph 1 shall be deducted from the quantities which
exceed normal reporting stocks.
4. The Commission shall implement and implement the preceding provisions in the terms of
article 13 of Council Regulation (EC) No 1258/1999,
of May 17, 1999, pertaining to the financing of the common agricultural policy 2
or, if appropriate, in accordance with Article 42 (2) of the Regulation (EC)
n ° 1260/2001 of the Council of June 30, 2001 establishing the organisation
common market in the sugar sector 3 , or of the corresponding articles of the
other regulations establishing the common organization of the markets
agricultural or relevant committee determined by the applicable legislation.
b) Treaty establishing a Constitution for Europe, Part III, Title III,
Chapter I, Section 5, Rules of competition
Without prejudice to the procedures relating to existing aid provided for in Article III-
168. of the Constitution, the aid schemes and individual aid granted to
1 OJ L 216, 8/5/1978, p. 1. Regulation with the last wording given by the
Regulation (EC) No 1259/96 (OJ L 163, 7/2/1996, p. 10). 2 OJ L 160, 6/26/1999, p. 103.
3 OJ L 178, 6/30/2001, p. 1. Regulation with the last wording given by the
Regulation (EC) No 39/2004 (OJ L 6, 1/10/2004, p. 16).
activities associated with the production, processing or marketing of the products
listed, with the exception of fishery products and derivative products, which have
been put into effect in a new Member State prior to the date of accession and
continue to be applicable after that date, existing aid should be considered
within the meaning of paragraph 1 Article III-168 of the Constitution, in the following condition:
-the aid measures shall be communicated to the Commission within four
months from the date of accession. This communication must include information
on the legal basis of each measure. The existing aid measures and the
projects relating to the institution or amendment of any aid, communicated to
Commission before the date of accession, shall be considered as having been
reported on the date of accession. The Commission shall publish a list of such aid.
Such aid measures shall be considered "existing aid" within the meaning of the
Paragraph 1 of Article III-168 of the Constitution by the end of the third year from the date of
accession.
The new Member States shall change, where necessary, the measures of
aid 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 above mentioned guidelines will be considered 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 of October 12
of 1992, which sets out the Community Customs Code (OJ L 302, 10/19/1992,
p. 1), with the last wording given 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33),
-31993 R 2454: Commission Regulation (EEC) No 2454/93 of July 2
of 1993, which fixes certain provisions of application of Regulation (EEC)
n Council 2913/92 of the Council establishing the Community Customs Code (OJ L 253
of 10/11/1993, p. 1), with the last wording given by:
-32003 R 2286: Commission Regulation (EC) No 2286/2003 of 12/18/2003 (OJ
L 343 of 12/31/2003, p. 1)
The Regulations (EEC) No 2913/92 and 2454/93 shall apply to the new States-
Members subject to the following specific provisions:
PROOF OF COMMUNITY STATUS (TRADE IN THE
EXTENDED COMMUNITY)
1. Notwithstanding Article 20 of the Regulation (EC) No 2913/92, the goods which
at the date of accession are in temporary deposit or subject to one of the destinations and
customs arrangements referred to in point (b) of point 15 and (b) to (g) of point 16
of Article 4 of that Regulation, in the enlarged Community, or which are being
carried after the formalities of export in the Community
extended, will be exempt from customs duties and other customs measures when
have been declared for introduction into free practice in the enlarged Community, since
to submit one of the following evidence:
a) Certificate of preferential origin duly issued or drawn up before the
date of accession under one of the European Agreements set forth below or of
equivalent preferential agreements concluded between the new Member States,
that includes a ban or a drawback of customs duty drawback
on non-originating materials used in the manufacture of products in relation to the
which a proof of origin has been issued or drawn up (rule of " no
draubaque ");
European Agreements:
-21994 A 1231 (24) European Agreement establishing an Association between the
European Communities and their Member States, on the one hand, and the
Republic of Bulgaria, on the other-Protocol No 4 on the definition of the
notion of "originating products" and methods of cooperation
administrative 1 ;
-21994 A 1231 (20) European Agreement establishing an Association between the
European Communities and their Member States, on the one hand, and the
Romania, on the other-Protocol No 4 on the definition of the notion of
"originating products" and methods of administrative cooperation 2 ;
(b) One of the evidence of the Community status referred to in Article 314-C of the
Regulation (EEC) No 2454/93;
c) An ATA booklet issued prior to the date of accession in a current Member State or
in a new Member State.
2. For the purpose of issuing the evidence 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 Article 4 (7) of the
Regulation (EEC) No 2913/92, is understood by "Community goods" as
goods:
-entirely obtained in the territory of one of the new Member States in
conditions identical to those of Article 23 of Regulation (EEC) No 2913/92 without
incorporation of imported goods from other countries or territories; or
1 OJ L 358, 12/31/1994, p. 3. Protocol with the last wording that was given by the
Decision No 1/2003 of the EU/Bulgaria Association Council of 6/4/2003 (OJ L 191
of 7/30/2003, p. 1). 2 OJ L 357, 12/31/1994, p. 2. Protocol with the last wording which was given by the
Decision No 2/2003 of the EU/Romania Association Council of 9/25/2003 (not yet
published in the Official Journal).
-imported from countries or territories other than the country in question and introduced in
free practice in that country; or
-obtained in the country concerned, either exclusively from the goods referred to
in the second indent of this paragraph, either from the goods referred to
in the first and second indents of this paragraph.
3. For the purpose of verification of the evidence referred to in point (a) of paragraph 1, they are
applicable provisions relating to the definition of the notion of "originating products" and the
methods of administrative cooperation under the respective European Agreements or
of the equivalent preferential agreements concluded between the new Member States. The
requests for verification a posteriori of such evidence is accepted by the authorities
relevant customs of the present Member States and of the new Member States
within three years of the issuance of the proof of origin in question and may be
presented by those authorities within three years of acceptance of the proof
of origin in support of a declaration of free practice.
PROOF OF PREFERENTIAL ORIGIN (TRADE WITH COUNTRIES
THIRD PARTIES, SPECIFICALLY WITH TURKEY, IN THE SCOPE OF
PREFERENTIAL AGREEMENTS IN RESPECT OF AGRICULTURAL PRODUCTS AND
COAL AND STEEL PRODUCTS)
4. Without prejudice to the application of any measures arising from the policy
common commercial, the evidence of origin duly issued by third countries or
established in the framework of preferential agreements entered into by the new States-
Members with those countries, or issued or established in the framework of the legislation
unilateral national of the new Member States will be accepted in the new states-
Members, provided that:
a) The acquisition of such a source confers the right to preferential tariff treatment
on the basis of the preferential tariff measures included in agreements or arrangements
that the Community has concluded with third countries or groups of countries
third parties or adopted for the benefit of those countries or groups of countries, referred to
in subparagraphs (d) and (e) of Article 20 (3) of Regulation (EEC) No 2913/92; and
b) The proof of origin and the transport documents have been issued or
prepared no later than the day before that of the accession; and
c) The proof of origin is presented to the customs authorities within four
months from the date of accession.
If the goods have been declared for introduction into free practice in a new
Member State prior to the date of accession, proof of origin issued or established a
posteriori under agreements or preferential arrangements in force in that new state-
Member at the date of the introduction in free practice may also be accepted in the new
Member state in question, provided that it is presented to the customs authorities in the
period of four months from the date of accession.
5. Bulgaria and Romania shall be allowed to conserve authorizations through
of which the status of "authorised exporter" has been granted in the framework of
agreements concluded with third countries, provided that:
a) This provision is also provided for in the agreements concluded prior to the date of
accession by those third countries with the Community; and
b) Authorized exporters apply the rules of origin provided for in these
agreements.
The new Member States shall replace such authorisations no later than one year after
the date of accession, by new authorizations issued under the conditions laid down in the legislation
community.
6. For the purpose of verification of the evidence referred to in paragraph 4, the
provisions relating to the definition of the notion of "originating products" and methods of
administrative cooperation of the relevant agreements or arrangements. The requests for
verification a posteriori of such evidence is accepted by the customs authorities
competent of the present Member States and of the new Member States within the period of
three years from the issue of the proof of origin in question and can be submitted
by those authorities within three years of the acceptance of proof of origin in
support of a free-practice statement.
7. Without prejudice to the application of any measures arising from the policy
common commercial, the evidence of origin issued a posteriori by third countries in the
scope of preferential agreements concluded by the Community with those countries will be
accepted in the new Member States for the introduction into free practice of goods
that, at the date of accession, find themselves in transit or in temporary deposit in a
customs warehouse or in a free zone in one of those third countries or in that new
Member State, provided that in the new Member State in which the introduction is made
in free practice is not in force any free trade agreement with that country
third, for the products concerned, at the time of the issuance of the documents of
transport and provided that:
a) The acquisition of such a source confers the right to preferential tariff treatment
on the basis of the preferential tariff measures included in agreements or arrangements
that the Community has concluded with third countries or groups of countries
third parties or adopted for the benefit of those countries or groups of countries, referred to
in subparagraphs (d) and (e) of Article 20 (3) of Regulation (EEC) No 2913/92; and
b) Transport documents have been issued no later than the day before
to that of accession; and
c) The proof of origin issued a posteriori be presented to the customs authorities
within four months of the date of accession.
8. For the purpose of verification of the evidence referred to in paragraph 7, the
provisions relating to the definition of the notion of "originating products" and methods of
administrative cooperation of the relevant agreements or arrangements.
PROOF OF STATUS UNDER THE PROVISIONS RELATING TO FREE
PRACTICE OF INDUSTRIAL PRODUCTS WITHIN THE FRAMEWORK OF THE UNION
CE-TURKEY CUSTOMS
9. The evidence of origin duly issued by Turkey or by a new
Member State in the framework of preferential trade agreements applied to each other that
allow for a source cumulation with the Community based on rules of origin
identical and a ban on drawback or a suspension of customs duties on
the goods in issue will be accepted in their respective countries as proof of status
under the provisions on the free practice of established industrial products
in Decision No 1/95 of the EC-Turkey Association Council 1 , provided that:
a) The proof of origin and the transport documents have been issued the most
not later than the day before that of accession; and
b) The proof of origin is presented to the customs authorities within four
months from the date of accession.
If the goods have been declared for introduction into free practice in Turkey
or in a new Member State prior to the date of accession under the framework of the agreements
preferred trade above, proof of origin issued a posteriori to the
shelter from those agreements may also be accepted, provided that it is submitted to the
customs authorities within four months of the date of accession.
10. For the purpose of verification of the evidence referred to in paragraph 9, the
provisions relating to the definition of the notion of "originating products" and methods of
administrative cooperation of the relevant preferential agreements. The requests for
verification a posteriori of such evidence is accepted by the customs authorities
competent of the present Member States and of the new Member States within the period of
three years from the issue of the proof of origin in question and can be submitted
by those authorities within three years of the acceptance of proof of origin in
support of a free-practice statement.
1 Decision No 1/95 of the Council of the EC-Turkey Association of 12/22/1995 on the
implementation of the final phase of the customs union (OJ L 35, 2/13/1996, p. 1). Decision with the
last amended given by Decision No 2/99 of the Council of Association
EC-Turkey (OJ L 72, 3/18/1999, p. 36).
11. Without prejudice to the application of any measures arising from the policy
common commercial, the A circulation certificates A. TR issued under the
provisions relating to the free practice of industrial products established in the Decision
n. 1/95 of the EC-Turkey Association Council, will be accepted in the new States-
Members for the introduction into free practice of goods which, at the date of accession,
are being transported after the export formalities have been completed in the
Community or in Turkey, or are in temporary deposit or subject to one of the
customs arrangements referred to in points (b) to (h) of point 16 of Article 4 of the
Regulation (EEC) No 2913/92 in Turkey or in that new Member State, provided that:
a) It is not presented for the goods in issue none of the evidence of
source referred to in paragraph 9; and
b) The goods meet the conditions for the implementation of the provisions
relating to the free practice of industrial products; and
c) Transport documents have been issued no later than the day before the
of the accession; and
d) The certificate of circulation A. TR is presented to the customs authorities in the
period of four months from the date of accession.
12. For the purpose of verification of the movement certificates A. TR referred to in
n. 11, the provisions relating to the issuance of movement certificates shall apply
A. TR and the methods of administrative cooperation under Decision No 1/2001 of the
CE/Turkey Customs Cooperation Committee 1 .
CUSTOMS REGIMES
1 Decision No 1/2001 of the EC-Turkey Customs Cooperation Committee of March 28
of 2001, amending Decision No 1/96 introducing implementing standards of the
Decision No 1/95 of the Council of the EC-Turkey Association (OJ L 98, 4/7/2001, p. 31).
Decision as last amended as given by Decision No 1/2003 of the Committee of
EC-Turkey Customs Cooperation (OJ L 28, 2/4/2003, p. 51).
13. The temporary deposit and customs arrangements referred to in points (b) to (h) of the
point 16 of Article 4 of Regulation (EEC) No 2913/92 that have started before
of the accession shall end or be ascertained under the conditions laid down in the legislation
community.
In cases where the end or clearance of the scheme has the effect of the constitution of
a customs debt, the amount of import duties to be paid will be what it was
in force at the time of the constitution of the customs debt under the Tariff
Common Customs and the amount paid will be considered as an own resource of the
Community.
14. The provisions relating to the customs warehousing procedure set out in the
articles 84 to 90 and Articles 98 to 113 of the Regulation (EEC) No 2913/92 and of the
articles 496 to 535 of Regulation (EEC) No 2454/93 shall apply to new
Member States subject to the following:
-When the amount of a customs debt is determined on the basis of
nature of the imported goods, in the value for customs purposes and in the
quantity of the goods imported at the time of acceptance of the declaration
of the subjection of such goods to the customs warehousing scheme, and when that
statement has been accepted prior to the date of accession, these elements will be the
resulting from the legislation applicable in the new Member State concerned before the
date of accession.
15. The provisions relating to the active enhancement regime set out in
articles 84 to 90 and Articles 114 to 129 of the Regulation (EEC) No 2913/92 and of the
articles 496 to 523 and articles 536 to 550 of the Regulation (EEC) No 2454/93 are
applicable to the new Member States subject to the following:
-When the amount of a customs debt is determined on the basis of
nature of the imported goods, in their tariff classification, in the quantity,
in the value for customs purposes and the origin of the goods imported in the
moment in which they were subjected to such a regime, and when the declaration of subjection
of such goods to the scheme has been accepted prior to the date of accession, those
elements will be those resulting from the applicable legislation in the new Member State
at cause before the date of accession;
-When the clearance of the scheme has by effect the constitution of a debt
customs, in order to maintain equity between the holders of authorisations
established in the present Member States and the holders of authorisations
established in the new Member States, compensatory interest will be paid to
from the date of accession on the import duties due under the conditions
provided for in the Community legislation;
-if the declaration of subjection to the active enhancement scheme has been accepted
under a drawback system, the drawback will be carried out, in the conditions
provided for in the Community legislation, by the new Member State in which it has been
constituted, before the date of accession, the customs debt in respect of which it is
requested the drawback, and at the expense of that same state.
16. The provisions relating to the temporary import arrangements set out in
articles 84 to 90 and Articles 137 to 144 of the Regulation (EEC) No 2913/92 and of the
articles 496 to 523 and articles 553 to 584 of the Regulation (EEC) No 2454/93 are
applicable to the new Member States subject to the following:
-When the amount of a customs debt is determined on the basis of
nature of the imported goods, in their tariff classification, in the quantity,
in the value for customs purposes and the origin of the goods imported in the
moment in which they were subjected to such a regime, and when the declaration of subjection
of such goods to the scheme has been accepted prior to the date of accession, those
elements will be those resulting from the applicable legislation in the new Member State
at cause before the date of accession;
-When the clearance of the scheme has by effect the constitution of a debt
customs, in order to maintain equity between the holders of authorisations
established in the present Member States and the holders of authorisations
established in the new Member States, compensatory interest will be paid to
from the date of accession on the import duties due under the conditions
provided for in the Community legislation.
17. The provisions relating to the passive improvement scheme set out in
articles 84 to 90 and Articles 145 to 160 of the Regulation (EEC) No 2913/92 and of the
articles 496 to 523 and articles 585 to 592 of the Regulation (EEC) No 2454/93 are
applicable to the new Member States subject to the following:
-The second paragraph of Article 591 of Regulation (EEC) No 2454/93 is
applicable mutatis mutandis to the temporary export goods that have
been exported temporarily prior to the date of accession from the new
Member States.
OTHER PROVISIONS
18. authorisations that have been granted before the date of accession to
benefit from the customs arrangements referred to in points (d), (e) and (g) of point 16 of the
Article 4 of Regulation (EEC) No 2913/92 are valid until the expiry of their validity
or up to one year after the date of accession, depending on the date that occurs in the first place.
19. The provisions relating to the formation of a customs debt, to the register of
settlement and collection a posteriori constants of Articles 201 to 232 of the
Regulation (EEC) No 2913/92 and Articles 859 to 876-A. of Regulation (EEC)
n. 2454/93 shall apply to the new Member States subject to the following:
-The collection is carried out under the conditions laid down in the Community legislation.
However, in cases where the customs debt has been constituted before the date
of the accession, collection shall be carried out under the conditions in force in the new State-
Member concerned prior to accession, by himself and in his favour.
20. The provisions applicable to the refund and waiver of payment of duties
constants of Articles 235 to 242 of Regulation (EEC) No 2913/92 and of the
articles 877 to 912 of Regulation (EEC) No 2454/93 shall apply to new
Member States subject to the following:
-The refund and waiver of payment of the rights are carried out in the conditions
provided for in the Community legislation. However, in cases where the rights whose
refund or waiver of payment if it asks if they refer to a customs debt
constituted before the date of accession, the refund and the dispensation of payment of the
rights are carried out under the conditions in force in the new Member State concerned
prior to accession, by himself and at his own expense.
Appendix to ANNEX V
List of existing aid measures referred to in point (b) of point 1 of the
existing aid mechanism provided for in Chapter 2 of Annex V
Note: The aid measures listed in this Appendix shall only be
considered existing aid for the purposes of the planned existing aid mechanism
in Chapter 2 of Annex V to the extent that they are actually covered by the
scope of application of point 1.
No. Title (original) Date of approval
by the authority
national of control
of state aid
Duration
IN N. Year
BG 1 2004 ОСОСОСОСОСОРИЕ НИЕ ние ение ения терие
Кисатететелителить |
На на на исосинининие ние
Неоситититетететететететитититет
sikоовововорениние 12/31/1990- morphs:
" الالعالالعالعالعالعالعالعالعالعالعالعالع
Уденинининининие ие аниние
На глитететететосососососососососососост
7/29/2004 2004-2018
BG 2 2004-The 2004-year-of-the-year-of-the-end Иссисинининие
ания ния бия ния ния ния ния ния
оосостостосостосососососососос
الالولالولالولالولالولالولالولالع
Енитетететостостисиссисисисисисисисисис
11/18/2004 12/31/2010
BG 3 2004 елевенининининининининининининининининининин
На ерстететелистететететеристена
агения ние ерисие
" الالالولالولالولالولالولالولولالولولو
12/16/2003 12/31/2010
_______________________
ANNEX VI
List referred to in Article 20 of the Protocol:
transitional measures-Bulgaria
1. FREE MOVEMENT OF PERSONS
Treaty establishing a Constitution for Europe
31968 R 1612: Council Regulation (EEC) No 1612/68,
of October 15, 1968, concerning the free movement of workers in the Community
(OJ L 257, 10/19/1968, p. 2), with the last wording given by:
-32004 L 0038: Directive 2004 /38/CE of the European Parliament and of the Council,
of 4/29/2004 (OJ L 158, 4/30/2004, p. 77)
31996 L 0071: Directive 96 /71/CE of the European Parliament and of the Council,
of December 16, 1996, concerning the posting of workers in the framework of
a provision of services (OJ L 18, 1/21/1997, p. 1).
32004 L 0038: Directive 2004 /38/CE of the European Parliament and of the Council,
of April 29, 2004, concerning the right of free movement and residence of citizens
of the Union and of the members of their families in the territory of the Member States, which
changes the Regulation (EEC) No 1612/68 and repealing Directives 64 /221/CEE,
68 /360/CEE, 72 /194/CEE, 73 /148/CEE, 75 /34/CEE, 75 /35/CEE, 90 /364/CEE,
90 /365/CEE and 93 /96/CEE (OJ L 158, 4/30/2004, p. 77).
1. Article III-133 and the first paragraph of Article III-144 of the Constitution are
fully applicable to the freedom of movement of workers and the freedom of
provision of services involving the temporary movement of workers, such as
defined in Article 1 of Directive 96 /71/CE, between Bulgaria, on the one hand, and each
of the present Member States, on the other hand, subject to the transitional provisions
provided for in the n. paragraphs 2 a to 14.
2. By way of derogation from Articles 1 to 6 of the Regulation (EEC) No 1612/68 and up to
term of the period of two years from the date of accession, the present Member States
shall implement national measures, or measures resulting from bilateral agreements, which
regulates the access of Bulgarian nationals to their labour markets. The current
Member States may continue to implement such measures until the end of the period of
five years from the date of accession.
The Bulgarian nationals who, at the date of accession, work legally in a state-
Current member and have been admitted to the labour market of that Member State
for an uninterrupted period equal to or greater than 12 months shall enjoy the right of
access to the labour market of that Member State but not to that of another State-
Member who applies national measures.
The Bulgarian nationals who, after accession, are admitted to the labour market of
a current Member State, for an uninterrupted period equal to or greater than 12 months,
should enjoy the same rights.
The Bulgarian nationals mentioned in the second and third paragraphs above leave from
enjoy the rights referred to in these paragraphs if they voluntarily leave the
labour market of the Member State in question.
The Bulgarian nationals working legally in a current Member State at the date of
accession or during a period of application of national measures, and which have been
admitted to the labour market of that Member State for a lower period
at 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 undertake the review of the operation of the transitional measures provided for in paragraph 2,
on the basis of a report from the Commission.
Completed that review, and no later than the end of the two-year period to be counted from
date of accession, the present Member States shall report to the Commission if they go
continue to implement national measures or measures resulting from bilateral agreements, or
if, from then on, they go on to apply Articles 1 to 6 of the Regulation (EEC)
n. 1612/68. In the absence of such communication, articles 1 to 6 are applicable.
Regulation (EEC) No 1612/68.
4. At the request of Bulgaria, a further review may be carried out. Is applicable the
procedure provided for in paragraph 3, which shall be completed within six months of
count of the receipt of the application.
5. A Member State that maintains national measures or measures resulting from
bilateral agreements at the end of the five-year period indicated in paragraph 2 may, in the event of
disturbance or threat of serious disturbances from its labour market or
threats from these disorders, and after notification from the Commission, continue to apply those
measures up to the end of the seven-year period from the date of accession. On the lack of this
communication, Articles 1 to 6 of Regulation (EEC) No 1612/68 shall apply.
6. During the period of seven years from the date of accession, Member States
where, by virtue of paragraph 3, 4 or 5, apply to the Bulgarian nationals of Articles 1.
a 6 to 6 of Regulation (EEC) No 1612/68, and to grant work permits to the
Bulgarian nationals for follow-up purposes during that period, will do so
automatically.
7. Member States in which, by virtue of paragraphs 3, 4 or 5, shall apply to the
national Bulgarians Articles 1 to 6 of Regulation (EEC) No 1612/68, may
have recourse to the procedures set out in the following paragraphs by the end of the period of
seven years from the date of accession.
Where a Member State referred to in the first paragraph suffers or provides for
disturbances in its labour market that could severely threaten the standard of
life or the level of employment in a given region or profession, you must inform the fact to
Commission and the other Member States, providing them with all information
pertinent. On the basis of such information, the Member State may request the Commission
that declare the suspension, in whole or in part, of the application of Articles 1 to 6 of the
Regulation (EEC) No 1612/68, so that the situation will return to normalcy in that
region or profession. The Commission shall decide on the suspension and the duration and scope of it,
no later than two weeks from receipt of that application and notifies the Council
of that decision. Any Member State may, within two weeks of the
decision of the Commission, to request the Council to cancel or amend the decision. The
Council deliberates on such a request, by qualified majority, within two
weeks.
Any of the Member States referred to in the first subparagraph may, in cases
urgent and exceptional, suspend the application of Articles 1 to 6 of the
Regulation (EEC) No 1612/68, and shall then submit to the Commission a
notification ex-post substantiated.
8. While the application of Articles 1 to 6 of the Regulation (EEC) No 1612/68
is suspended by virtue of paragraphs 2 a to 5 and 7 above, Art. 23 of Directive 2004 /38/CE
is applicable in Bulgaria in relation to nationals of the present Member States and in the
current Member States in relation to the Bulgarian nationals, under the following conditions,
with regard to the right of the family members of the employees to exercise a
activity:
-the spouse of a worker and his / her descendants under 21 years of
age or his post, which with him legally resides in the territory of a State-
Member at the date of accession, they have, as of that date, immediate access to the market of
work of that Member State. This provision does not apply to members of the
family of a worker who has been lawfully admitted to the market of
work from that Member State for a period of less than 12 months;
-the spouse of a worker and his / her descendants under 21 years of
age or his post, which with him legally resides in the territory of a State-
Member since a date subsequent to that of the accession, but during the period of
application of the transitional provisions set out above, have access to the market of
work of the Member State concerned as soon as they pervage eighteen months of
residence in that Member State, or from the third year subsequent to the date of
adhesion, depending on the date you first check.
These provisions do not undermine more favourable measures, be they national or
resulting from bilateral agreements.
9. To the extent that certain provisions of Directive 2004 /38CE, which replace
provisions of Directive 68 /360/CEE 1 , they cannot be dissociated from those of the
Regulation (EEC) No 1612/68, the application of which is deferred under the terms of paragraphs 2 a to 5 and 7
and 8, Bulgaria and the present Member States may establish derogations from those
provisions to the extent necessary for the application of paragraphs 2 a to 5 and 7 and 8.
10. Where, by virtue of the transitional provisions set out above, the present
Member States apply national measures or measures resulting from agreements
bilateral, Bulgaria may keep in force equivalent measures in relation to the
nationals of or of the Member States concerned.
11. If the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is
suspended by one of the present Member States, Bulgaria may turn to the
procedure provided for in paragraph 7 in relation to Romania. During that period, Bulgaria
shall automatically issue work permits for follow-up purposes
for the Romanians nationals.
12. Any of the present Member States applying national measures in the
terms of paragraphs 2 a to 5 and 7 a to 9 may introduce, under national law, a
freedom of movement of workers greater than that existing at the date of accession,
including full access to the labour market. From the third year on from the
date of accession, any of the present Member States applying national measures
1 Council Directive 68 /360/CEE of October 15, 1968 on the deletion of the
Restrictions on the displacement and permanence of employees of Member States and their
families in the Community (OJ L 257, 10/19/1968, p. 13). Directive with the last
wording given to it by the Act of Accession of 2003 (OJ L 236, 9/23/2003, p. 33) and
repealed, with effect from April 30, 2006, by the Directive 2004 /38/CE of the
European Parliament and of the Council (OJ L 258, 4/30/2004, p. 77).
may, at any time, decide to apply Articles 1 to 6 of the Regulation (EEC)
n. 1612/68 in substitution of those. The Commission shall be informed of that decision.
13. To cope with disturbances or the threat of serious disturbances in
certain sectors of sensitive services of their labour markets, which may
arise, in certain regions, following the transnational provision of defined services
in Article 1 of Directive 96 /71/CE, and as they apply, by virtue of the provisions
transitional above, national measures or measures resulting from agreements
bilateral to the free movement of Bulgarian workers, Germany and Austria may,
after notification of the Commission, provide for derogations 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 Bulgaria, limit the temporary movement of workers whose right to
engage in an activity in Germany and Austria is subject to national measures.
The list of the service sectors that may be covered by this derogation is the
next:
-in Germany:
Sector NACE Code *
, unless stated in
contrary
Construction, including related activities 45.1 a to 4;
Activities listed in the Annex to
Directive 96 /71/CE
Industrial cleaning activities 74.70 Industrial cleaning activities
Other services 74.87 Exclusively activities of
interior decoration
-in Austria:
Sector NACE Code *
, unless stated in
contrary
Activities of the related services
with horticulture
01.41
Sawdust, cutting and finishing of stone 26.7
Manufacture of building structures
metallics
28.11
Construction, including related activities 45.1 a to 4;
Activities listed in the Annex to
Directive 96 /71/CE
Safety activities 74.60
Industrial cleaning activities 74.70
Nursing home care 85.14
Social service and activities without
accommodation
85.32
To the extent that Germany or Austria provide for derogations from the first
paragraph of Article III-144 of the Constitution, in the terms of the preceding paragraphs, the
Bulgaria may, after notification of the Commission, adopt equivalent measures.
The application of this paragraph shall not result in conditions of movement
temporary workers in the context of the transnational provision of services between the
Germany or Austria and Bulgaria more restrictive than the victors at the date of
signature of the Treaty of Accession.
14. The application of paragraphs 2 a to 5 and 7 a to 12 may not result in conditions of access of the
national Bulgarians to the labour markets of the present Member States more
restrictive than those in force at the date of the signing of the Accession Treaty.
Notwithstanding the application of paragraphs 1 a to 13, the present Member States shall, during the
period in which they apply national measures or measures resulting from agreements
* NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90,
of October 9, 1990, concerning the statistical nomenclature of economic activities
in the European Community (OJ L 293, 10/24/1990, p. 1). Regulation with the last
wording that was given by 32003 R 0029: Regulation (EC) No 1882/2003 of the
European Parliament and of the Council of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
bilateral, give preference to national workers of Member States in
the detriment of domestic workers from third countries, as far as access to the
your job market.
Bulgarian migrant workers and their legally resident families and the
work in another Member State or migrant workers from other States-
Members and their legally resident families and working in Bulgaria cannot
be treated in a more restrictive manner than those of a third country resident and the
work in that Member State or in Bulgaria, respectively. In addition and in
application of the principle of Community preference, migrant workers from countries
third party residents and working in Bulgaria may not have a further treatment
favorable than the Bulgarian nationals.
2. FREE PROVISION OF SERVICES
31997 L 0009: Directive 97 /9/CE of the European Parliament and of the Council of March 3
of 1997, relating to investor compensation systems (OJ L 84, 3/26/1997,
p. 22).
By way of derogation from Article 4 (1) of Directive 97 /9/CE, the minimum level of
compensation is not applicable in Bulgaria until December 31, 2009. The Bulgaria
must ensure that your investor compensation system stipulations a
coverage not less than EUR 12000 between January 1, 2007 and December 31 of
2007 and not less than EUR 15000 between January 1, 2008 and December 31 of
2009.
During such a transitional period, the remaining Member States shall have the right to prevent
that a branch of a Bulgarian investment company established in its
territories to carry out its activity, other than-and until-that branch adheres to a
compensation system of the investors officially recognised in the territory of that
Member State to cover the difference between the level of Bulgarian compensation and the level
Minimum referred to in Article 4 (1) of Directive 97 /9/CE.
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 can keep in place, during five
years from the date of accession, the restrictions, prevailing in their legislation at the date
of the signing of the Treaty of Accession, in respect of the acquisition of rights of
property on land for secondary residences by nationals of the
Member States or of the States Parties to the Agreement on the Economic Area
European (EEA Agreement) not residents in Bulgaria and by people
legal constituted pursuant to the legislation of another Member State or of a
State Party to the Agreement on the EEA.
The nationals of the Member States and of States Parties to the EEA Agreement
legally resident in Bulgaria are not subject to the provisions of the paragraph
previous nor to any rules and procedures other than those that apply to the
Bulgarian nationals.
2. Notwithstanding the obligations resulting from the Treaty establishing a
Constitution for Europe, Bulgaria can keep in place, for seven years to
counting from the date of accession, the restrictions, prevailing in their legislation at the date of
signature of the Treaty of Accession, in relation to the acquisition of agricultural land,
forestry and forestry land by nationals of other Member States, by
nationals of States Parties to the Agreement on the EEA and by legal persons
constituted under the terms of the legislation of another Member State or of a State
Part in the Agreement on the EEA. With regard to the acquisition of agricultural land,
forestry and forestry land, nationals of Member States may not, in
case any, receive less favorable treatment than at the date of signing
of the Treaty of Accession, nor be treated in a more restrictive manner than a
national of a third country.
The farmers on their own nationals from another Member State who wish
establish themselves and reside legally in Bulgaria are not subject to the provisions of the
previous paragraph nor to any procedures other than those that apply
to Bulgarian nationals.
A general review of these transitional measures will be carried out in the third year.
count of the date of accession. For this purpose, the Commission shall submit a
report to the Council. The Council, acting unanimously on a proposal from the
Commission, may decide to reduce or terminate the transitional period indicated in the
first paragraph.
4. AGRICULTURE
A. AGRICULTURAL LEGISLATION
31997 R 2597: Council Regulation (EC) No 2597/97,
of December 18, 1997, which sets out the complementary rules of the organization
common market in the milk and milk products sector with regard to milk
of consumption (OJ L 351, 12/23/1997, p. 13), with the last wording given to it
by:
-31999 R 1602: Council Regulation (EC) No 1602/1999 of 7/19/1999 (OJ
L 189 of 7/22/1999, p. 43).
By way of derogation from paragraphs (b) and (c) of Article 3 (1) of the Regulation (EC)
n. 2597/97, the requirements for fat content are not applicable to milk
of consumption produced in Bulgaria until April 30, 2009, and thus may milk with
a fat content of 3% (m/m) to be marketed as fat milk, and milk
with a fat content of 2% (m/m) to be marketed as half-fat milk.
The consumption milk that does not comply with the requirements for fat content
can only be marketed 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 April 29, 2004, which sets out specific rules of hygiene applicable to the
foodstuffs of animal origin (OJ L 139, 4/30/2004, p. 55).
a) The milk processing establishments listed in Chapters I and II of the
Appendix A to this Annex may, until December 31, 2009, receive
Raw milk deliveries that do not meet the requirements of Annex III, Section IX,
Chapter I, Subchapters II and III of Regulation (EC) No 853/2004, or that not
has been handled in accordance with these requirements, provided that the holdings
where such deliveries are derived from are mentioned in a list kept for the
effect by the Bulgarian authorities.
b) As long as the establishments referred to in (a) benefit from the provisions
in that point, the products from such establishments will only be
placed on the national market or used for further processing in
national establishments also covered by the provisions of (a),
regardless of the date of marketing. These products must bear
a mark of identification other than that provided for in Article 5 of the Regulation
(EC) No 853/2004.
c) The establishments listed in Chapter II of the Appendix to this Annex
may, until December 31, 2009, turn milk as and milk no
as per the requirements of the EU in separate production lines. In this
context, is understood by milk not as per the EU requirements milk
referred to in point (a). These establishments must fully respect the
requirements of the EU relating to establishments, specifically the application of the
principles of analysis of the dangers and control of critical points (HACCP)
(referred to in Article 5 of Regulation (EC) No 852/2004 1 ), and must demonstrate
its capacity to respect the following conditions, namely the
designation of its pertinent lines of production:
1 Regulation (EC) No 852/2004 of the European Parliament and of the Council of April 29
of 2004, on the hygiene of foodstuffs (OJ L 139, 4/30/2004, p. 1).
Abide by taking all necessary measures to allow due observance of the
internal milk separation processes from the collection stage to that of the
finished product, including the itineraries of milk collection, storage
and the separate treatment of milk as and from milk not as with the
requirements of the EU, a specific packaging and labelling of the
milk-based products not conforming to such requirements as well as the
separate storage of these products,
Improve to establish a procedure that ensures the traceability of the subjects-
masterpieces, specifically the necessary documentary evidence of movement
of the products, as well as the registration of the products and the correspondence between the
compliant and non-conforming raw materials and the different categories of
products,
Heating exposing all raw milk to a heat treatment at a minimum temperature
from 71 to ,7 °C for 15, and
Undertake to take all appropriate measures to ensure that the marks of
identification are not used in a fraudulent manner.
The Bulgarian authorities must:
Namely to ensure that the operator or manager of each establishment concerned
take all necessary measures to allow due observance of the
internal processes for the separation of milk;
Conduct conduct tests and controls without prior notice for verification of observance
of the separation of milk; and
Carries out tests, in approved laboratories, to all raw products and
finished in order to verify its compliance with the requirements of the
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 from production lines
separate that turn raw milk non-conforming to the EU requirements in
milk processing establishments approved by the EU can only be
placed on the market subject to the conditions set out in paragraph (b). The
raw milk-based products as processed in a production line
separate in one of the establishments listed in Chapter II of the Appendix of the
present Annex may be marketed to the title of compliant products since
that all conditions regarding the separation of the lines are maintained.
production.
d) milk and milk-based products produced pursuant to (c) only
will benefit from support under Title I, Chapters II and III (with the exception of
Article 11) and Title II of Council Regulation (EC) No 1255/1999 of the Council 1 if
bear the oval identification mark referred to in Section I of Annex II of the
Regulation (EC) No 853/2004.
e) Bulgaria shall ensure the gradual fulfillment of the requirements referred to in the
a) and submit to the Commission annual reports on the progress recorded in the
modernization of the dairy farms and the milk collection system. The
Bulgaria should ensure full compliance with these requirements by December 31
of 2009.
f) The Commission may, in accordance with Article 58 of Regulation (EC) No 178/2002 2 ,
update the Appendix to this Annex prior to accession and until December 31
of 2009, and may, in this context, add or suppress certain
establishments, as a function of the progress made in correcting the gaps
existing and the outcome of the follow-up process.
1 Council Regulation (EC) No 1255/1999 of May 17, 1999 laying down the
common market organization in the milk and dairy products sector (OJ L 160
of 6/26/1999, p. 48). Regulation with the last wording given by the
Commission Regulation (EC) No 186/2004 (OJ L 29, 2/3/2004, p. 6). 2 Regulation (EC) No 178/2002 of the European Parliament and of the Council of January 28
of 2002, which determines the general principles and standards of food law, creates the
European Food Safety Authority and establishes procedures in
food safety matter (OJ L 31, 2/1/2004, p. 1). Regulation
as last amended by the Regulation (EC) No 1642/2003 (OJ L 245
of 9/29/2003, p. 4).
The rules of implementation necessary to ensure the proper functioning of the scheme
transitional referred to above may be adopted in accordance with Article 58 (2)
of Regulation (EC) No 178/2002.
5. TRANSPORT POLICY
1. 31993 R 3118: Council Regulation (EEC) No 3118/93 of October 25
of 1993, which sets the conditions for the admission of non-resident carriers to the
national road transport of goods in a Member State (OJ L 279,
11/12/1993, p. 1), with the last wording given by:
-32002 R 0484: Regulation (EC) No 484/2002 of the European Parliament and of the
Council, of 3/1/2002 (OJ L 76, 3/19/2002, p. 1).
a) By way of derogation from Article 1 of Regulation (EEC) No 3118/93 and up to the expiry of the
third year subsequent to the date of accession, the carriers established in the
Bulgaria is not allowed to carry out national road transport of
goods in the other Member States and the transporters established in the
other Member States are not authorized to carry out national transport
road of goods in Bulgaria.
b) Before the expiry of the third year subsequent to the date of accession, the States-
Members must report to the Commission whether they will extend that period by a
maximum of two years or if, from that onwards, they will fully implement Article 1 of the
regulation. In the absence of such communication, Article 1 of the Regulation shall apply.
Only the carriers established in the Member States in which it is
applicable Article 1 of the Regulation may carry out national transport
road of goods in the other Member States where it is also
applicable Article 1 of the Regulation.
c) Member States in which, by virtue of the provisions of (b), the
article 1 of the Regulation may resort to the procedure set out below
until the expiry of the fifth year subsequent to the date of accession.
Where in one of the Member States referred to in the preceding paragraph if
record serious disturbances of the national market, or parts of the same,
due to the activity of cabotage or by it aggravated, for example a
significant surplus of supply in relation to demand or a threat to the
financial balance or the survival of a large number of companies from
road transport of goods, that Member State shall inform that
fact the Commission and the remaining Member States and provide them all
relevant information. On the basis of this information, the Member State may
requesting the Commission to suspend, in whole or in part, the application of Article 1 of the
regulation, so that the situation will return to normalcy.
The Commission shall look at the situation on the basis of the data provided by the State-
Member concerned and shall decide, within one month of the receipt of the application,
whether it is necessary to adopt safeguard measures. The procedure is applicable
provided for in the second, third and fourth subparagraphs of paragraph 3, as well as the provisions
in Article 7 (4), 5 and 6 of the Regulation.
Any of the Member States referred to in the first subparagraph may, in cases
urgent and exceptional, suspend the application of Article 1 of the Regulation,
you shall then submit to the Commission a notification ex-post
substantiated.
d) While Article 1 of the Regulation is not applicable by virtue of the provisions of the
points (a) and (b), Member States may regulate access to their
national road transport of goods by exchange
progressive of cabotage authorizations, based on bilateral agreements,
and may even introduce full liberalization.
e) The application of points (a), (b) and (c) shall not entail an access to transport
road national of goods more restrictive than the current one on the date of
signature of the Treaty of Accession.
2. 31996 L 0026: Council Directive 96 /26/CE of April 29, 1996 on
to access to the profession of road haulage and conveyor
commuter road, as well as to the mutual recognition of diplomas,
certificates and other securities, with the aim of favouring the effective exercise of the
freedom to establish such transporters in the field of transport
national and international (OJ L 124, 5/23/1996, p. 1), as last amended
was given by:
-32004 L 0066: Council Directive 2004 /66/CE (OJ L 168, 5/1/2004, p.
35).
Until December 31, 2010, point (c) of Article 3 (3) of Directive 96 /26/CE
is not applicable in Bulgaria to transport companies which carry out exclusively
national road freight and passenger transport operations.
The capital and reserves of which they dispose of these companies should gradually achieve the
minimum rates provided for in that provision in accordance with the following schedule:
-by January 1, 2007, the Company shall have a capital and reserves whose
value is at least equal to EUR 5850 in the case of a single vehicle being used
and EUR 3250 for each additional vehicle;
-by January 1, 2008, the Company shall have a capital and reserves whose
value is at least equal to EUR 6750 in the case of a single vehicle being used
and EUR 3750 for each additional vehicle;
-by January 1, 2009, the Company shall have a capital and reserves whose
value is at least equal to EUR 7650 in the case of a single vehicle being used
and EUR 4250 for each additional vehicle;
-by January 1, 2010, the Company shall have a capital and reserves whose
value is at least equal to EUR 8550 in the case of a single vehicle being used
and EUR 4750 for each additional vehicle.
3. 31996 L 0053: Council Directive 96 /53/CE of July 25, 1996, which
fixed the maximum authorized dimensions in national and international traffic and the weights
maximum authorized in international traffic for certain road vehicles in
circulation in the Community (OJ L 235, 9/17/1996, p. 59), with the last wording that
it was given by:
-32002 L 0007: Directive 2002/7/CE of the European Parliament and of the Council,
of 2/18/2002 (OJ L 67, 3/9/2002, p. 47).
By way of derogation from Article 3 (1) of Directive 96 /53/CE, the vehicles that comply
the limit values of categories 3.2.1., 3.4.1., 3.4.2. and 3.5.1. specified in Annex I of the
said directive can only use the non-modernised parts of the road network
Bulgarian until December 31, 2013 if they comply with the Bulgarian limits of maximum cargo
by axis.
As of the date of accession, no restrictions may be imposed on the use of vehicles
fulfilling the requirements of Directive 96 /53/CE in the main transit itineraries
set out in Annex I to Decision No 1692 /96/CE of the European Parliament and of the
Council of July 23, 1996 on the Community Guidelines for the
development of the trans-European transport network 1 .
Bulgaria will fulfill the constant timetable of the tables ahead to modernize its
main viary network. All investments in infrastructure involving the
resource to funds from the community budget must ensure that the arteries
are built or modernized in such a way as to be able to withstand a load of 11.5
tons per axle.
Alongside the completion of the modernization, the progressive opening of the road network will be recorded.
Bulgarian, including the constant network of Annex I to Decision No 1692 /96/CE, to vehicles
in international traffic that comply with the limit values provided for in the Directive. To
loading and unloading effects, and whenever this is technically possible, it is authorised to
use of non-modernized parts of the secondary road network throughout the
transitional period.
1 OJ L 228, 9/9/1996, p. 1. Decision as last amended as given by the Decision
n. 884 /2004/CE (OJ L 167, 4/30/2004, p. 1).
As of the date of accession, all vehicles in international traffic equipped with
pneumatic suspension and to comply with the limit values laid down in Directive 96 /53/CE
will not be subject to any additional temporary fees for the use of the whole
Bulgarian viary network.
They will be charged, in a non-discriminatory manner, additional temporary fees provided for
for the use of non-modernized parts of the viary network to vehicles in traffic
international not equipped with pneumatic suspension and which comply with the values-
limit set out in the Directive. The fee regime must be transparent, and the payment
of the fees shall not involve any administrative burden or excessive delays for the
user nor a systematic check of the load limits per axle at the border.
The application of the loading limits on the axis should be ensured in no way
discriminate across the territory and be effective equally with regard to
vehicles enrolled in Bulgaria.
Programme of modernization of the viaria network (km)
Table 1
N ROAD SECTION LENGTH
/KM
OPENING
AO
TRAFFIC
MEASUREMENT
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) 18 2008 NEW
CONSTRUCTION
SUBTOTAL 36
3 I-6 SOFIA-PIRDOP 56 2009 RECOVERY
4 I-7 SILISTRA-SHUMEN 88 2011 RECOVERY
5 I-7 PRESLAV-E-773 48 2010 RECONSTRUCTION
SUBTOTAL 136
6 І-9 /E87 / ROMANIAN BORDER-BALCHIK 60 2009 RECOVERY
7 II-12 VIDIN-SERBIAN BORDER AND
MONTENEGRO
26 2008 RECONSTRUCTION
8 II-14 VIDIN-KULA-SERBIAN BORDER AND
MONTENEGRO
42 2009 RECONSTRUCTION
9 II-18 OUTER WAISTBAND OF SOFIA-ARC
NORTH
24 2014 NEW
CONSTRUCTION
10 II-19 SIMITLI-GOTSE DELCHEV-BORDER
GREEK
91 2008 RECOVERY
11 II-29 DOBRICH-VARNA 21 2010 RECOVERY
12 II-35 LOVECH-KARNARE 28 2011 RECONSTRUCTION
13 II-53 SLIVEN-YAMBOL 25 2010 RECOVERY
14 II-55 GURKOVO-NEW ZAGORA 26 2010 RECOVERY
15 II-55 NEW ZAGORA-SVILENGRAD 81 2012 RECOVERY
SUBTOTAL 107
16 II-57 STARA ZAGORA-RADNEVO 42 2010 RECOVERY
17 II-62 KYUSTENDIL-DUPNITSA 26 2011 RECONSTRUCTION
18 II-63 PERNIK-SERBIAN BORDER AND
MONTENEGRO
20 2010 RECONSTRUCTION
19 II-73 SHUMEN-KARNOBAT 44 2012 RECONSTRUCTION
20 II-73 SHUMEN-KARNOBAT 119 2011 RECONSTRUCTION
SUBTOTAL 63
21 II-78 RADNEVO-TOPOLOVGRAD 40 2013 RECOVERY
22 II-86 ASENOVGRAD-SMOLYAN 72 2014 RECONSTRUCTION
23 II-98 BURGAS-MALKO TARNOVO 64 2014 RECONSTRUCTION
24 III-197 GOTSE DELCHEV-SMOLYAN 87 2013 RECONSTRUCTION
25 III-198 GOTSE DELCHEV-BORDER OF THE
FORMER YUGOSLAV REPUBLIC OF THE
MACEDONIA
95 2013 RECONSTRUCTION
26 III-534 ELENA-NOVA ZAGORA 52 2012 REBUILD
27 III-534 NEW ZAGORA-SIMEONOVGRAD 53 2014 RECONSTRUCTION
SUBTOTAL 105
28 III-601 KYUSTENDIL-BORDER OF THE OLD
THE YUGOSLAV REPUBLIC OF
MACEDONIA
27 2011 NEW
CONSTRUCTION
29 III-622 KYUSTENDIL-BORDER OF THE OLD
THE YUGOSLAV REPUBLIC OF
MACEDONIA
31 2013 NEW
CONSTRUCTION
30 III-865 SMOLYAN-MADAN 15 2011 RECONSTRUCTION
31 III-867 SMOLYAN-KARDJALI 69 2014 RECONSTRUCTION
32 III-868 VARIANT SMOLYAN 40 2012 NEW
CONSTRUCTION
33 IV-410068 SIMITLI-BORDER OF THE OLD
THE YUGOSLAV REPUBLIC OF
MACEDONIA
28 2009 NEW
CONSTRUCTION
34 PLOVDIV VARIANT 4 2014 NEW
CONSTRUCTION
A1 MOTORWAY "TRAKIA"-STARA
ZAGORA-KARNOBAT
35 LOT 2 33 2010 NEW
CONSTRUCTION
36 LOT 3 37 2011 NEW
CONSTRUCTION
37 LOT 4 48 2014 NEW
CONSTRUCTION
SUBTOTAL 118
TOTAL 1598
Table 2
6. TAXATION
1. 31977 L 0388: Sixth Directive 77 /388/CEE of the Council,
of May 17, 1977, on the harmonisation of the laws of the Member States
relating to taxes on turnover-common system of tax
on the value added: uniform collectible matter (OJ L 145, 6/13/1977, p.1),
with the last wording given by:
-32004 L 0066: Council Directive 2004 /66/CE of 4/26/2004 (OJ L 168
of 5/1/2004, p. 35).
For the purposes of the application of Article 28 (3) (b) of Directive 77 /388/CEE, the
Bulgaria can continue to exempt from value added tax on transport
internationals of passengers referred to in point 17 of Annex F to the Directive, until
be fulfilled the condition laid down in Article 28 (4) of the Directive or while it is
applied for the same exemption by any of the present Member States, depending on the
that to check out first.
2. 31992 L 0079: Council Directive 92/79/CEE of October 19, 1992,
on the approximation of taxes on cigarettes (OJ L 316, 10/31/1992, p. 8),
with the last wording given by:
-32003 L 0117: Council Directive 2003 /117/CE of 12/5/2003 (OJ L 333
of 12/20/2003, p. 49).
By way of derogation from Article 2 (1) of the 92/79/CEE Directive, Bulgaria may postpone,
by December 31, 2009, the application of the special minimum consumption tax
2008 2009 2010 2011 2012 2013 2014
MEASUREMENT
RECOVERY 91116114 88 81 40 0
RECONSTRUCTION 26 42 68 88 96182258
NEW BUILDING 18 28 33 64 40 31 94
135186215240217253352 to 1598 km
global that focuses on the selling price to the public (including all taxes) of the
cigarettes from the most sold price class, provided that during that period, proceed to the
gradual adjustment of the rates of their special taxes to the special tax of
global minimum consumption provided for in the Directive.
Without prejudice to Article 8 of the Council Directive 92/12/CEE of February 25 of
1992, relating to the general scheme, detention, movement and controls of products
subject to special consumption taxes 1 , and after informed the Commission, the
Member States may, as long as the derogation referred to above, be applicable
quantitative limits identical to those applied to imports from third countries for the
cigarettes that can be introduced into their territories from Bulgaria without
payment of a special supplementary consumption tax. The Member States that
opting for this possibility may carry out the necessary controls provided that the
same do not affect the proper functioning of the internal market.
3. 32003 L 0049: Council Directive 2003 /49/CE of June 3, 2003,
on a common tax regime applicable to interest and royalty payments
performed between associated companies of different Member States (OJ L 157
of 6/26/2003, p. 49), with the last wording given by:
-32004 L 0076: Council Directive 2004 /76/CE of 4/29/2004 (OJ L 157
of 4/30/2004, p. 106).
Bulgaria is authorised not to apply the provisions of Article 1 of the Directive
2003 /49/CE until December 31, 2014. During that interim period, the rate of
tax applicable to the payment of interest and royalties to an associate society of another
Member State or a permanent establishment located in another Member State
of an associated company of a Member State shall not be greater than 10% by 31
from December 2010 and to 5% in the following years until December 31, 2014.
4. 32003 L 0096: Council Directive 2003 /96/CE of October 27, 2003,
which restructures the Community taxation framework of energy products and of the
1 OJ L 76, 3/23/1992, p. 1. Directive with the last wording given by the
Regulation (EC) No 807/2003 (OJ L 122, 5/16/2003, p. 36).
electricity (OJ L 283, 10/31/2003, p. 51), with the last wording given to it
by:
-32004 L 0075: Council Directive 2004 /75/CE of 4/29/2004 (OJ L 157
of 4/30/2004, p. 100).
a) By way of derogation from Article 7 of Directive 2003 /96/CE, Bulgaria may apply the
following transient periods:
-until January 1, 2011 to adjust the level of national taxation of the
unleaded petrol used as a fuel at the minimum level of
EUR 359 per 1000 litres. The effective tax rate applicable to gasoline
no lead used as a fuel may not be less than EUR 323
per 1000 litres as of January 1, 2008,
-until January 1, 2010 to adjust the level of national taxation of the
gasoil and kerosene used as fuels at the minimum level of
EUR 302 per 1000 litres and until January 1, 2013 to reach the level
minimum of EUR 330 per 1000 litres. The effective tax rate applicable
to diesel and kerosene used as fuels will not be able to be
lower than EUR 274 per 1000 litres as of January 1, 2008.
(b) By way of derogation from Article 9 of Directive 2003 /96/CE, Bulgaria may apply the
following transient periods:
-until January 1, 2010 to adjust the level of national taxation of the
coal and coking used for urban heating purposes at the levels
minimum of taxation set out in Annex I, Table C,
-until January 1, 2009 to adjust the level of national taxation of the
coal and coking used for other purposes at the minimum levels of
taxation set out in Annex I, Table C.
The effective tax rates applicable to energy products will not be able to be
less than 50% of the relevant minimum rate of the Community as of 1 of
January 2007.
c) By way of derogation from Article 10 of Directive 2003 /96/CE, Bulgaria may apply
a transitional period until January 1, 2010 to adjust the levels of taxation
national electricity at the minimum levels of taxation set out in the
Annex I, Table C. The effective rates of tax applicable to electricity do not
may be less than 50% of the relevant minimum rate of the Community from
January 1, 2007.
7. SOCIAL POLICY AND EMPLOYMENT
32001 L 0037: Directive 2001 /37/CE of the European Parliament and of the Council, of 5 of
June 2001, on the approximation of the laws, regulations and
administrative of the Member States with respect to the manufacture, presentation and
sale of tobacco products (OJ L 194, 7/18/2001, p. 26).
By way of derogation from Article 3 of Directive 2001 /37/CE, the date of application of the content
maximum tar of cigarettes manufactured and marketed in the territory of Bulgaria
will be January 1, 2011. During the transitional period:
-The cigarettes manufactured in Bulgaria with a tar content of more than 10 mg per
cigarette will not be marketed in the other Member States;
-The cigarettes manufactured in Bulgaria with a tar content of more than 13 mg per
cigarette will not be exported to third countries; these limits will be reduced
for 12 mg as of January 1, 2008 and for 11 mg as of January 1
of 2010;
-Bulgaria shall regularly submit to the Commission updated information on
the timetable and the measures taken to ensure compliance with the Directive.
8. ENERGY
31968 L 0414: Council Directive 68 /414/CEE of December 20, 1968, which
obliges the EEC Member States to maintain a minimum level of stocks of
crude oil and / or petroleum products (OJ L 308, 12/23/1968, p. 14), with the
last wording that was given by:
-31998 L 0093: Council Directive 98 /93/CE of 12/14/1998 (OJ L 358
of 12/31/1998, p. 100).
By way of derogation from Article 1 (1) of Directive 68 /414/CEE, the minimum level of
stocks of petroleum products are not applicable in Bulgaria until December 31 of
2012. Bulgaria should ensure that its minimum level of stock of products
petroleum products match, for each of the categories of petroleum products
mentioned in Article 2, at least to the average daily domestic consumption, such as
defined in Article 1 (1) of the following number of days:
-30 days until January 1, 2007;
-40 days until December 31, 2007;
-50 days until December 31, 2008;
-60 days until December 31, 2009;
-70 days until December 31, 2010;
-80 days until December 31, 2011;
-90 days until December 31, 2012.
9. INFORMATION AND TELECOMMUNICATIONS TECHNOLOGIES
32002 L 0022: Directive 2002/22/CE of the European Parliament and of the Council, of 7 of
March 2002, concerning the universal service and the rights of users in matter
of electronic communication networks and services (universal service directive) (OJ L 108
of 4/24/2002, p. 51).
By way of derogation from Article 30 (1) of the 2002/22/CE Directive, Bulgaria may postpone the
introduction of the portability of the numbers until January 1, 2009.
10. ENVIRONMENT
A. AIR QUALITY
1. 31994 L 0063: Directive 94 /63/CE of the European Parliament and of the Council,
of December 20, 1994 on the monitoring of emissions of organic compounds
volatile (VOCs) resulting from the storage of gasolines and their distribution of the
terminals for the service stations (OJ L 365, 12/31/1994, p. 24), with the wording
that was given to him by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
a) By way of derogation from Article 3 and Annex I of Directive 94 /63/CE, the requirements
relative to existing storage facilities in terminals are not
applicable in Bulgaria:
-until December 31, 2007, to storage facilities in 6
terminals with a load flow of more than 25000 tons / year and lower
or equal to 50000 tons / ano;
-until December 31, 2009, to storage facilities in 19
terminals with a load flow of less than or equal to 25000 tons / year.
b) By way of derogation from Article 4 and Annex II of Directive 94 /63/CE, the requirements
concerning the loading and unloading of existing mobile reservoirs in terminals not
are applicable in Bulgaria:
-up to December 31, 2007, at 12 terminals with a top flow
to 25000 tons / year and less than or equal to 150000 tons / ano;
-until December 31, 2009, at 29 terminals with a lower flow rate or
equal to 25000 tons / year.
c) By way of derogation from Article 5 and Annex I of Directive 94 /63/CE, the requirements
relative to existing mobile reservoirs in terminals are not applicable in the
Bulgaria:
-until December 31, 2007, at 50 camia-cisterna;
-until December 31, 2009, at 466 more cistern cams.
d) By way of derogation from Article 6 and Annex III of Directive 94 /63/CE, the requirements
relative to the load of the existing storage facilities of the stations
service are not applicable in Bulgaria:
-until December 31, 2007, at 355 service stations with a flow
higher than 500 m to 3 /year, but less than or equal to 1000 m
3 /ano;
-until December 31, 2009, at 653 service stations with a flow
less than or equal to 500 m to 3 /year.
2. 31999 L 0032: Council Directive 1999 /32/CE of April 26, 1999,
on the reduction of the sulphur content of certain liquid fuels and which changes
the Directive 93 /12/CEE (OJ L 121, 5/11/1999, p. 13), as amended to be given
by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
a) By way of derogation from Article 3 (1) of Directive 1999 /32/CE, the requirements
relative to the sulphur content of heavy fuel oils are not applicable in Bulgaria
by December 31, 2011 with regard to local use. During this
transitional period, the sulphur content should not exceed 3.00% en masse.
b) By way of derogation from Article 4 (1) of Directive 1999 /32/CE, the requirements
relative to the sulphur content of the gasoils are not applicable in Bulgaria up to 31 of
December 2009 with regard to local use. During this period
transitional, the sulphur content should not exceed 0.20% en masse.
B. WASTE MANAGEMENT
1. 31993 R 0259: Council Regulation (EEC) No 259/93 of February 1
of 1993, relating to the supervision and control of shipments of waste within, to
entry and exit of the Community (OJ L 30, 2/6/1993, p. 1), with the last wording
that was given to him by:
-32001 R 2557: Commission Regulation (EC) No 2557/2001 of 12/28/2001
(OJ L 349, 12/31/2001, p. 1),
a) Until December 31, 2014, all shipments to Bulgaria of waste
intended for valorisation listed in Annex II to Regulation (EEC)
n. 259/93 shall be notified to the competent authorities and dealt with in the terms
of Articles 6, 7 and 8 of the Regulation.
(b) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the
competent authorities of Bulgaria may, until December 31, 2009,
raising objections to the transfers to Bulgaria, for purposes of valorisation,
of the waste listed below, substantiating such objections in the terms of the
n. 3
of Article 4 of the Regulation. Such transfers are subject to Article 10 of the
regulation.
AA. WASTE CONTAINING METALS
- AA 090 Waste and waste arsenic
-AA 100 Waste and mercury waste
-AA 130 Baths arising from metal beading
AB. WASTE CONSISTING MAINLY OF SUBSTANCES
INORGANIC, WHICH MAY CONTAIN METALS AND MATERIALS
ORGANIC
AC. OTHER WASTE CONSISTING MAINLY OF
ORGANIC SUBSTANCES, WHICH MAY CONTAIN METALS AND
INORGANIC MATTER
-AC 040 Lamas of petrol with lead
-AC 050 Thermal fluids (heat transfers)
-AC 060 Hydraulic Fluids
-AC 070 Brake liquids
-AC 080 Antifreeze Fluids
-AC 110 Fenols, phenolated compounds including chlorophenols,
in the form of liquids or sludge
-AC 120 Naphthalene polychlorinated
-AC 150 Chlorofluorated Hydrocarbons
-AC 160 Halons
-AC 190 Waste of mechanical destruction of cars (fraction
light: plushies, tissues, plastic waste, etc.)
-AC 200 Organic phosphorus Compounds
-AC 230 Waste of non-aqueous distillation, halogenated or not
halogenated, coming from recovery operations of
organic solvents
-AC 240 Waste from the production of hydrocarbons
halogenated aliphatic (such as chloromethanes,
dichloroethane, vinyl chloride, vinylidene chloride,
alyl chloride and epichloridrine)
-AC 260 Sterco pig; excrement
AD. RESIDUES THAT MAY CONTAIN ORGANIC MATTER OR
INORGANIC
-AD 010 Waste from the production and preparation of
pharmaceutical products
Waste containing, consisting of or contaminated by
one of the following substances:
AD 040-Inorganic cyanides, with the exception of
waste of precious metals in solid form
containing vestiges of inorganic cyanides
AD 050-Organic cyanides
-AD 060 Mixtures and emulsions oil / water or hydrocarbon / water
-AD 070 Waste from production, preparation and
use of paints, dyes, pigments, laces or varnishes
-AD 150 Natural occurrence materials used as a
filtrant means (such as biofilters)
-AD 160 Urban / domestic waste
This period can be extended until December 31, 2012, the most
latest, pursuant to Article 18 of the Council Directive 75 /442/CEE, of
July 15, 1975, concerning waste 1 , as amended to be
given by Directive 91 /156/CEE 2 .
c) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the
competent authorities of Bulgaria may, until December 31, 2009,
raise objections to the transfers to Bulgaria of waste destined for
valorisation listed in Annex IV of the Regulation and the transfers of
waste intended for valorisation not listed in the Annexes to that Regulation,
substantiating such objections in accordance with Article 4 (3) of the Regulation.
d) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the
competent authorities in Bulgaria should raise objections to the transfers
of residues intended for valorisation listed in Annexes II, III and IV of the
regulation and shipments of waste destined for valorisation do not
1 OJ L 194, 7/25/1975, p. 39. Directive with the last wording given by the
Regulation (EC) No 1882/2003 (OJ L 284, 10/31/2003, p. 1). 2 OJ L 78, 3/26/1991, p. 32.
listed in these Annexes for an installation that benefits from a derogation
temporary in relation to certain provisions of Directive 96 /61/CE of the
Council, of September 24, 1996, on integrated prevention and control
from pollution 1 , or of Directive 2001 /80/CE of the European Parliament and of the
Council of October 23, 2001 on the limitation of emissions for the
atmosphere of certain pollutants from large combustion plants 2 ,
during the period of application of the temporary derogation to the destination facility.
2. 31994 L 0062: Directive 94 /62/CE of the European Parliament and of the Council,
of December 20, 1994, concerning packaging and packaging waste (OJ L 365
of 12/31/1994, p. 10), with the last wording given by:
-32004 L 0012: Directive 2004 /12/CE of the European Parliament and of the Council, of
2/11/2004 (OJ L 47, 2/18/2004, p. 26).
a) By way of derogation from point (a) of Article 6 (1) of Directive 94 /62/CE, the
Bulgaria should hit the global rate of valorisation or incineration in facilities
of incineration of waste with energy recovery by December 31 of
2011, in accordance with the following intermediate objectives:
-35% in weight up to December 31, 2006, 39% in 2007, 42% in 2008,
46% in 2009 and 48% in 2010.
b) By way of derogation from point (b) of Article 6 (1) of Directive 94 /62/CE, the
Bulgaria should hit the global rate of valorisation or incineration in facilities
of incineration of waste with energy recovery
by December 31, 2014, in accordance with the following intermediate objectives:
-50% in weight in 2011, 53% in 2012 and 56% in 2013.
1 OJ L 257, 10/10/1996, p. 26.
2 OJ L 309, 11/27/2001, p. 1.Directiva with the last wording given by the Act
of Accession of 2003 (OJ L 236, 9/23/2003, p. 33).
c) By way of derogation from point (c) of Article 6 (1) of Directive 94 /62/CE, the
Bulgaria should achieve the recycling target for plastics by 31 of
December 2009, in accordance with the following intermediate objectives:
-8% in weight up to December 31, 2006, 12% in 2007 and 14.5% in 2008.
d) By way of derogation from point (d) of Article 6 (1) of Directive 94 /62/CE, the
Bulgaria should meet the global recycling target by December 31 of
2014, in accordance with the following intermediate objectives:
-34% in weight up to December 31, 2006, 38% in 2007, 42% in 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 Article 6 (1) of Directive 94 /62/CE, the
Bulgaria to achieve recycling target for glass by December 31
of 2013, in accordance with the following intermediate objectives:
-26% in weight up to December 31, 2006, 33% in 2007, 40% in 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 Article 6 (1) of the Directive 94 /62/CE, the
Bulgaria should achieve the recycling target for plastics by counting
exclusively the material that is recycled in the form of plastics, up to 31 of
December 2013, in accordance with the following intermediate objectives:
-17% in weight in 2009, 19% in 2010 and 20% in 2011 and 22% in 2012.
3. 31999 L 0031: Council Directive 1999 /31/CE of April 26, 1999
on the deposition of waste in landfillages (OJ L 182, 7/16/1999, p. 1), amended by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
By way of derogation from points (a) and (b) of Article 5º (3) and the second indent of the point
2 of Annex I to Directive 1999 /31/CE and without prejudice to Article 6 (c) (ii) of the
The Council Directive and Directive 75 /442/CEE of July 15, 1975 on the
waste 1 , the requirements for liquid, corrosive and oxidizing waste in
matter of preventing the infiltration of surface water in the deposited waste no
are applicable to the 14 existing facilities listed below until
December 31, 2014:
1. Bacia of lamas "Polimeri", Varna, Devnya;
2. Combined Basin of ash and lamas "Solvay Sodi", "Deven" and "Agropolichim",
Varna, Devnya in the municipality of Varna;
3. CTE ash basin * "Varna", Varna, Beloslav;
4. Bacia of ash "Sviloza", Veliko Tarnovo, Svishtov;
5. CTE in the ash basin "Zaharni zavodi", Veliko Tarnovo, Gorna Oryahovitsa;
6. Bacia of ash "Vidachim v likvidatsya", Vidin, Vidin;
7. Ash Basin "Toplofikatsia-Ruse", CTE "Ruse-East", Ruse, Ruse;
8. CTE ash Basin "Republika", "COF-Pernik" and "Kremikovtsi-Rudodobiv",
Pernik, Pernik;
9. Ash Basin "Toplofikatsia Pernik" and "Solidus"-Pernik, Pernik, Pernik;
10. TEPP ash Basin "Bobov dol", Kyustendil, Bobov dol;
11. "Brikel" ash Basin, Stara Zagora, Galabovo;
12. Bacia of ash "Toplofikatsia Sliven", Sliven, Sliven;
13. CTE ash Basin "Maritsa 3", Haskovo, Dimitrovgrad;
14. CTE ash Basin "Maritsa 3", Haskovo, Dimitrovgrad.
Bulgaria should ensure a gradual reduction of the waste deposited in these 14
existing non-compliant facilities according to the following maximum quantities
annual:
Afternoon until December 31, 2006: 3020000 tonnes;
1 OJ L 194, 7/25/1975, p. 39. Directive with the wording that was given to it by the
Directive 91 /156/CEE and with the last wording given by the Regulation (EC)
n. 1882/2003 (OJ L 284, 10/31/2003, p. 1). * CTE means "Central Termo-Eléctrica".
Afternoon until December 31, 2007: 3010000 tonnes;
Afternoon until December 31, 2008: 2990000 tonnes;
Afternoon until December 31, 2009: 1978000 tonnes;
Afternoon until December 31, 2010: 1940000 tonnes;
Afternoon until December 31, 2011: 1929000 tonnes;
Afternoon until December 31, 2012: 1919000 tonnes;
Afternoon until December 31, 2013: 1159000 tonnes;
Afternoon until December 31, 2014: 1039000 tons.
4. 32002 L 0096: Directive 2002/96/CE of the European Parliament and of the Council,
of January 27, 2003 on waste electrical equipment and
electronic (WEEE) (OJ L 37, 2/13/2003, p. 24), as amended to be given
by:
-32003 L 0108: Directive 2003 /108/CE of the European Parliament and of the Council,
of 12/8/2003 (OJ L 345, 12/31/2003, p. 106),
By way of derogation from Article 5º (5) and (2) of Article 7º of Directive 2002/96/CE, the
Bulgaria shall achieve the minimum separate collection rate of four kilograms in
average, per capita and per year, of REEE coming from private individuals, the rate of
valorisation and the rate of reuse and recycling of components, materials and
substances until December 31, 2008.
C. QUALITY OF WATER
31991 L 0271: Council Directive 91 /271/CEE of May 21, 1991 on the
treatment of urban waste water (OJ L 135, 5/30/1991, p. 40), with the latter
wording that was given to it by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
By way of derogation from Articles 3 and 4 and Article 5 (2) of Directive 91 /271/CEE, the
requirements for collectors systems and treatment of urban waste water
are not fully applicable in Bulgaria until December 31, 2014, according to
the following intermediate purpose:
Effective until December 31, 2010, compliance with the Directive should be achieved
in the agglomerations with a population equivalent of more than 10000.
D. INDUSTRIAL POLLUTION AND RISK MANAGEMENT
1. 31996 L 0061: Council Directive 96 /61/CE of September 24, 1996,
on the integrated prevention and control of pollution (OJ L 257, 10/10/1996, p. 26),
with the last wording given by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
By way of derogation from Article 5 (1) of Directive 96 /61/CE, the requirements in respect of
granting of licences to existing facilities are not applicable in Bulgaria, to date
indicated for each installation, the facilities listed below, as far as the
obligation to exploit such facilities in accordance with emission limit values,
parameters or equivalent technical measures based on the best techniques
available, pursuant to Article 9 (3) and (4):
Until December 31, 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 December 31, 2009:
-"Eliseyna" gara Eliseyna (activity 2.5 a)
Until December 31, 2011:
-CTE "Ruse-East"-Ruse (activity 1.1)
-CTE "Varna"-Varna (activity 1.1)
-CTE "Bobov dol"-Sofia (activity 1.1)
-CTE in the "Lukoil Neftochim"-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)
-"Stradlja keramika"-Stradlja (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).
Prior to October 30, 2007, fully coordinated licences should be issued
for these facilities, with individually binding calendars for achieving
of full compliance. Such licences shall ensure, by October 30, 2007, the
compliance with the general principles of the fundamental obligations of operators
set out in Article 3 of the Directive.
2. 32001 L 0080: Directive 2001 /80/CE of the European Parliament and of the Council,
of October 23, 2001, concerning the limitation of emissions to the atmosphere of certain
pollutants from large combustion plants (OJ L 309, 11/27/2001,
p. 1), with the wording that was given 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
(a) By way of derogation from Article 4 (3) and Part A of Annexes III, IV and VII of the
Directive 2001 /80/CE, the emission limit values for sulphur dioxide and the
dust shall not apply in Bulgaria to the following facilities up to the date indicated
for each unit of the facility:
-CTE "Varna":
-Unit 1 until December 31, 2009
-Unit 2 until December 31, 2010
-Unit 3 until December 31, 2011
-Unit 4 until December 31, 2012
-Unit 5 until December 31, 2013
-Unit 6 until December 31, 2014
-CTE "Bobov dol":
-Unit 2 until December 31, 2011
-Unit 3 until December 31, 2014
-CTE "Ruse-East":
-Units 3 and 4 until December 31, 2009
-Units 1 and 2 until December 31, 2011
-CTE in the "Lukoil Neftochim" Burgas:
-Units 2, 7, 8, 9, 10 and 11 until December 31, 2011.
During this transitional period, emissions of sulphur dioxide and dust
coming from all combustion plants that comply with the provisions of
Directive 2001 /80/CE shall not exceed the following maximum limits
intermediate:
-up to 2008: 179700 tons of SO2 / year; 8900 tons of dust / year
-up to 2012: 103000 tons of SO2 / year; 6000 tons of dust / year
b) By way of derogation from Article 4 (3) and Part A of Annex VI of the
Directive 2001 /80/CE, the emission limit values for the emissions of oxides of
nitrogen are not applicable in Bulgaria until December 31, 2011 to units 2,
7, 8, 9, 10 and 11 of the CTE facility in the "Lukoil Neftochim" Burgas.
During this transitional period, emissions of nitrogen oxide from
all combustion plants that comply with the provisions of the
Directive 2001 /80/CE shall not exceed the following maximum limits
intermediate:
-up to 2008: 42900 tons / year
-up to 2012: 33300 tons / year
c) Bulgaria shall submit to the Commission, by January 1, 2011, a plan
updated, which includes an investment plan, for the progressive
alignment of the remaining non-compliant installations, with phases clearly
defined for the application of the acquis. These plans must guarantee a new
reduction of emissions to a level significantly lower than the targets
intermediate specified in points (a) and (b) above, in particular with respect to the
emissions relative to the period from 2012 a to 2014. If the Commission, listening, on
special, to the environmental effects and to the need to reduce distortions of
competition in the internal market arising from the transitional measures, consider
that the above-mentioned plans are not sufficient to meet these
objectives, will inform Bulgaria of the fact. In the following three months, Bulgaria
will communicate the measures it has taken to comply with the said objectives. If,
subsequently, in consultation with Member States, the Commission considers
that such measures are not sufficient to achieve those goals, will start
to an infringement procedure under Article III-360 of the Constitution.
Appendix to ANNEX VI
CHAPTER I
List of milk processing establishments not as per
referred to in Annex VI, Chapter 4, Section B, (a)
No. N. Vet. Name and address of the establishment Sede of the premises at
question
Region of Blagoevgrad-No. 1
1 BG 0112004 "Matand" EOOD
gr. Pernik
ul. "Lenin" 111
s. Eleshnitsa
Region of Burgas-No. 2
2 BG 0212013 ET "Marsi-Mincho Bakalov"
gr. Burgas
j.k. "Vazrajdane" bl. 1
Burgas
j.k. "Pobeda"
ul. "Baykal" 9
3 BG 0212027 DZZD "Mlechen svyat"
gr. Burgas
j.k. "Izgrev"
ul. "Malchika" 3
s. Debelt
ul. "Indje voyvoda" 5
obl. Burgaska
4 BG 0212028 "Vester" OOD
gr. Burgas
ul. "Fotinov" 36
s. Sigmen
5 BG 0212047 "Complektstroy" EOOD
gr. Burgas
ul. "Aleksandar Stamboliiski" 17
s. Veselie
Region of Vidin-No. 5
6 BG 0512025 "El Bi Bulgarikum" EAD
gr. Vidin
gr. Vidin
Yujna promishlena zone
Region of Vratsa-No. 6
7 BG 0612010 "Hadjiiski i familiya" EOOD
s. Gradeshnitsa
s. Gradeshnitsa
8 BG 0612027 "Mlechen ray 99" EOOD
gr. Vratsa
j.k. "Dabnika" bl. 48 ap. 3
gr. Vratsa
j.k. Bistrets
Stopanski dvor
9 BG 0612035 ET "Nivego"
s. Chiren
s. Chiren
Region of Gabrovo-No. 7
10 BG 0712001 "Ben Invest" OOD
s. Kostenkovtsi
obsht. Gabrovo
s. Kostenkovtsi
obsht. Gabrovo
11 BG 0712002 "Shipka 97" AD
gr. Gabrovo
ul. " V. Levski " 2
gr. Gabrovo
ul. " V. Levski " 2
12 BG 0712003 "Elvi" OOD
s. Velkovtsi
obsht. Gabrovo
s. Velkovtsi
obsht. Gabrovo
13 BG 0712008 "Milkieks" OOD
gr. Sevlievo
j.k. "d-r Atanas Moskov"
gr. Sevlievo
j.k. "Atanas Moskov"
Region of Dobrich-No. 8
14 BG 0812002 "AVITA" OOD
gr. Sofia
ul. "20-ti April" 6
s. Tsarichino
15 BG 0812008 "Roles 2000" OOD
gr. Varna
ul. "Tsar Ivan Shishman" 13
s. Kardam
16 BG 0812019 "Filipopolis" OOD
gr. Plovdiv
ul. "Hristo Danov" 2
s. Jeglartsi
17 BG 0812029 " AKURAT-MLECHNA
PROMISHLENOST " OOD
gr. Sofia
ul. "Baba Life 2"
gr. Dobrich
j.k. "Riltsi"
18 BG 0812030 "FAMA" AD
gr. Varna
ul. "Evlogi Georgiev" 23
gr. Dobrich
bul. "Dobrudja" 2
Region of Kardjali-No. 9
19 BG 0912004 ET "Rado"
s. Byal izvor
s. Byal izvor
obsht. Ardino
Region of Kyustendil-N. ° 10
20 BG 1012012 "Galkom" OOD
gr. Dupnitsa
gr. Dupnitsa
ul. "Venelin" 57
21 BG 1012008 ET "Nikolay Kolev"
s. Konyavo
s. Konyavo
Lovech Region-No. 11
22 BG 1112001 "Prima Lakta" Ltd.
gr. Lovech
ul. "Troyansko shose" 1
gr. Lovech
ul. "Troyansko shose"
23 BG 1112004 "Mlekoprodukt" OOD
gr. Lovech
s. Goran
24 BG 1112008 "Plod" AD
gr. Apriltsi
gr. Apriltsi
25 BG 1112012 "Stilos" OOD
gr. Dupnitsa
ul. "Batenberg" 64
s. Lesidren
Region of Pazardjik-No. 13
26 BG 1312011 "Eko-F" EAD
gr. Sofia
ul. "Stara planina" 34
s. Karabunar
27 BG 1312015 "Mevgal Bulgaria" EOOD
gr. Velingrad
gr. Velingrad
j.k. "Industrialen"
28 BG 1312022 ET "Palmite-Vesela Popova"
gr. Plovdiv
ul. "Koprivkite" 23
gr. Strelcha
ul. "Osvobojdenie" 17
Region of Pleven-No. 15
29 BG 1512003 "Mandra 1" EOOD
s. Obnova
s. Tranchovitsa
30 BG 1512006 "Mandra" OOD
s. Obnova
s. Obnova
31 BG 1512008 ET "Viola"
gr. Koynare
gr. Koynare
ul. "Hristo Botev" 16
32 BG 1512010 ET "Militsa Lazarova-90"
gr. Slavyanovo
gr. Slavyanovo
ul. "Asen Zlatarev" 2
Region of Plovdiv-No. 16
33 BG 1612009 ET "D. Madjarov"
gr. Plovdiv
gr. Stamboliiski-mandra
34 BG 1612013 ET "Polidey-EI"
gr. Karlovo
s. Domlyan
35 BG 1612017 "Snep" OOD
gr. Rakovski
gr. Rakovski
ul. "F. Stanislavov" 57
36 BG 1612020 ET "Bor -Chvor"
s. Dalbok izvor
s. Dalbok izvor
37 BG 1612023 "Vanela" OOD
gr. Plovdiv
bul. "Bulgaria" 170
s. Tsarimir
38 BG 1612024 SD "Kostovi-EMK"
gr. Saedinenie
gr. Saedinenie
39 BG 1612039 "Topolovo-Agrokomers" OOD
gr. Sofia
z.k. Dianabad, bl.20
s. Topolovo
Stopanski dvor
40 BG 1612040 "Mlechni produkti" OOD
gr. Plovdiv
s. Manole
Region of Razgrad-No. 17
41 BG 1712002 ET "Rosver"
gr. Tsar Kaloyan
ul. "Ivan Vazov" 4
gr. Tsar Kaloyan
ul. "Sofia" 41
42 BG 1712010 "Bulagrotreyd" OOD
gr. Ruse
ul. "Elin Pelin" 15A
s. Juper
43 BG 1712020 ET "Prelest-Sevim Ahmed"
s. Podayva
ul. "Struma" 12
s. Lavino
Stopanski dvor
44 BG 1712042 ET "Madar"
s. Madrevo
ul. "Han Kubrat" 65
s. Terter
Stopanski dvor
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. Vetovo
47 BG 1812022 ZKPU "Tetovo"
s. Tetovo
s. Tetovo
ul. "Tsar Osvoboditel" 5
48 BG 1812011 ET "Georgi Bojinov-Gogo"
s. Nikolovo
s. Nikolovo
Region of Silistra-No. 19
49 BG 1912004 ET "Merone-Hristo Kunev"
gr. Silistra
bul. "Makedonia" 150
gr. Alfatar
50 BG 1912013 "JOSI" OOD
gr. Sofia
ul. "Hadji Dimitar" 142 vh.A
s. Chernolik
51 BG 1912024 "Buldeks" OOD
gr. Silistra
ul. "D. Donchev" 6
s. Belitsa
Region of Sliven-No. 20
52 BG 2012007 "Delta lakt" OOD
gr. Stara Zagora
ul. "Tsar Kaloyan" 20
s. Stoil Voyvoda
53 BG 2012020 "Yotovi" OOD
gr. Sliven
j.k. Rechitsa
ul. "Kosharite" 12
gr. Sliven
j.k. Rechitsa
54 BG 2012022 "Bratya Zafirovi" OOD
gr. Sliven
ul. "Treti mart" 7
gr. Sliven
Industrialna zone Zapad
55 BG 2012030 "Agroprodukt" OOD
gr. Sliven
ul. "Oreshak" 24
s. Dragodanovo
56 BG 2012036 "Minchevi" OOD
s. Korten
obl. Sliven
s. Korten
obl. Sliven
Region of Smolyan-No. 21
57 BG 2112001 "Belev" EOOD
gr. Smolyan
gr. Smolyan
ul. "Trakiya" 15
58 BG 2112021 "Rossi" EOOD
gr. Dospat
gr. Dospat
59 BG 2112018 ET "Rosen Atanasov-Komers"
s. Kutela
s. Kutela
60 BG 2112023 ET "Iliyan Isakov"
s. Trigrad
s. Trigrad
obsht. Devin
Region of Sofia City-No. 22
61 BG 2212001 "Danon-Serdika" AD
gr. Sofia
ul. "Ohridsko ezero" 3
ul. "Ohridsko ezero" 3
62 BG 2212002 "Formalat" EOOD
s. G. Lozen
ul. "Saedinenie" 132
s. G. Lozen
ul. "Saedinenie" 132
63 BG 2212009 "Serdika-94" OOD
j.k. Jeleznitsa
j.k. Jeleznitsa
64 BG 2212022 "Megle-MJ" OOD
ul. "Probuda" 14
ul. "Probuda" 12-14
65 BG 2212023 "EL BI BULGARIKUM" EAD
gr. Sofia
ul. "Saborna" 9
ul. "Malashevska" 12A
Sofia District Region-No. 23
66 BG 2312013 ET "Dobrev"
s. Dragushinovo
s. Dragushinovo
67 BG 2312016 AD "Bovis"
s. Trudovets
s. Trudovets
68 BG 2312026 "Dyado Liben" OOD
gr. Sofia
ul. "Hubcha" 2
gr. Koprivshtitsa
bul. "H. Nencho Word eev"
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 ap.9
s. Elhovo
72 BG 2412023 Agricultural Institute
gr. Stara Zagora
gr. Stara Zagora
73 BG 2412033 "Gospodinovi" OOD
gr. Stara Zagora
pl. "Beroe" 1 ap.21
s. Julievo
Region of Targovishte-No. 25
74 BG 2512004 "PIP Trade" OOD
gr. Sofia
ul. "Baba Vida" 2
s. Davidovo
75 BG 2512006 "Hadad" OOD
s. Makariopolsko
s. Makariopolsko
76 BG 2512016 "Milktreyd-BG" OOD
gr. Sofia
obsht. "Studentska" 58-A-115
s. Saedinenie
obl. Targovishte
77 BG 2512017 "YU And S-Komers" OOD
gr. Opaka
s. Golyamo Gradishte
ul. "Rakovski" 2
Yambol Region-No. 28
78 BG 2812002 "Arachievi" OOD
gr. Elhovo
ul. "Bakalov" 19
s. Kirilovo
79 BG 2812003 "Balgarski jogurt" OOD
s. Ravda
s. Veselinovo
Kompleks "Ekaterina"
80 BG 2812025 "Sakarela" OOD
gr. Yambol
ul. " Hr. Botev " 24-B-15
gr. Yambol
ul. "Preslav" 269
CHAPTER II
List of processing establishments of two types of milk-milk as per and milk
not as referred to in Annex VI, Chapter 4, Section B, points (a) and (c)
No. N. Vet. Name and address of the
establishment
Headquarters of the facilities in question
Region of Veliko Tarnovo-No. 4
1 BG 0412002 "Sofbiolayf-BG" OOD
gr. Svishtov
gr. Svishtov
ul. "33-ti svishtovski polk." 67
2 BG 0412009 "Milki-luks" OOD
gr. Plovdiv
s. Byala Cherkva
3 BG 0412010 "Bi Si Si Handel" OOD
gr. Elena
gr. Elena
ul. "Treti mart" 19
Region of Vratsa-No. 6
4 BG 0612012 ET "Zorov -97"
gr. Vratsa
j.k. Kulata
ul. "Palkovitsa" 7
Vrachanski balkan, mestnost
"Parshevitsa"
Region of Dobrich-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 seal
Region of Plovdiv-No. 16
7 BG 1612001 "OMK"
gr. Sofia
gr. Plovdiv
bul. "Dunav" 3
8 BG 1612002 "Shipka 99" OOD
gr. Parvomay
gr. Parvomay
9 BG 1612037 "Filipopolis-RK" OOD
gr. Plovdiv
gr. Plovdiv
j.k. "Proslav"
ul. "Prosveta" 2A
10 BG 1612041 "Elit-95" EOOD
s. Dalbok izvor
s. Dalbok izvor
Region of Ruse-No. 18
11 BG 1812003 "Sirma Prista" AD
gr. Ruse
gr. Ruse
bul. "3-ti mart" 1
Region of Sliven-No. 20
12 BG 2012006 "Mlechen pat" AD
gr. Sofia
ul. "Vasil Levski" 109
gr. New 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 zone Zapad
j.k. 10
15 BG 2012042 "Tirbul" EAD
gr. Sliven
"Tirbul" EAD
gr. Sliven
Region of Stara Zagora-No. 24
16 BG 2412005 "Markeli" AD
gr. Stara Zagora
ul. "Sv.Kn.Boris" 67 et.3 ap.6
gr. Kazanlak
j.k. Industrialen
Region of Targovishte-No. 25
17 BG 2512001 "Mladost -2002" OOD
gr. Targovishte
gr. Targovishte
bul. "29-ti yanuari" 7
18 BG 2512020 "Mizia-Milk" OOD
gr. Targovishte
ul. "Rodopi" 5
gr. Targovishte
Industrialna zone
Region of Haskovo-No. 26
19 BG 2612047 "Balgarsko sirene" OOD
gr. Harmanli
ul. "Gotse Delchev" 1
gr. Haskovo
bul. "Saedinenie" 94
Yambol Region-No. 28
20 BG 2812022 "Karil i Tanya" OOD
gr. Yambol
gr. Yambol
ul. "Graf Ignatiev" 189
__________________
ANNEX VII
List referred to in Article 20 of the Protocol:
transitional measures-Romania
1. FREE MOVEMENT OF PERSONS
Treaty establishing a Constitution for Europe
31968 R 1612: Council Regulation (EEC) No 1612/68,
of October 15, 1968, concerning the free movement of workers in the Community
(OJ L 257, 10/19/1968, p. 2), with the last wording given by:
-32004 L 0038: Directive 2004 /38/CE of the European Parliament and of the Council,
of 4/29/2004 (OJ L 158, 4/30/2004, p. 77)
31996 L 0071: Directive 96 /71/CE of the European Parliament and of the Council,
of December 16, 1996, concerning the posting of workers in the framework of
a provision of services (OJ L 18, 1/21/1997, p. 1).
32004 L 0038: Directive 2004 /38/CE of the European Parliament and of the Council,
of April 29, 2004, concerning the right of free movement and residence of citizens
of the Union and of the members of their families in the territory of the Member States, which
changes the Regulation (EEC) No 1612/68 and repealing Directives 64 /221/CEE,
68 /360/CEE, 72 /194/CEE, 73 /148/CEE, 75 /34/CEE, 75 /35/CEE, 90 /364/CEE,
90 /365/CEE and 93 /96/CEE (OJ L 158, 4/30/2004, p. 77).
1. Article III-133 and the first paragraph of Article III-144 of the Constitution are
fully applicable to the freedom of movement of workers and the freedom of
provision of services involving the temporary movement of workers, such as
defined in Article 1 of Directive 96 /71/CE, between Romania, on the one hand, and each
of the present Member States, on the other hand, subject to the transitional provisions
provided for in the n. paragraphs 2 a to 14.
2. By way of derogation from Articles 1 to 6 of the Regulation (EEC) No 1612/68 and up to
term of the period of two years from the date of accession, the present Member States
shall implement national measures, or measures resulting from bilateral agreements, which
regulates the access of Romanian nationals to their labour markets. The current
Member States may continue to implement such measures until the end of the period of
five years from the date of accession.
Romanian nationals who, at the date of accession, work legally in a state-
Current member and have been admitted to the labour market of that Member State
for an uninterrupted period equal to or greater than 12 months shall enjoy the right of
access to the labour market of that Member State but not to that of another State-
Member who applies national measures.
Romanian nationals who, after accession, are admitted to the labour market of
a current Member State, for an uninterrupted period equal to or greater than 12 months,
should enjoy the same rights.
The Romanian nationals mentioned in the second and third paragraphs above leave from
enjoy the rights referred to in these paragraphs if they voluntarily leave the
labour market of the Member State in question.
Romanian nationals who work legally in a current Member State at the date of
accession or during a period of application of national measures, and which have been
admitted to the labour market of that Member State for a lower period
at 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 undertake the review of the operation of the transitional measures provided for in paragraph 2,
on the basis of a report from the Commission.
Completed that review, and no later than the end of the two-year period to be counted from
date of accession, the present Member States shall report to the Commission if they go
continue to implement national measures or measures resulting from bilateral agreements, or
if, from then on, they go on to apply Articles 1 to 6 of the Regulation (EEC)
n. 1612/68. In the absence of such communication, articles 1 to 6 are applicable.
Regulation (EEC) No 1612/68.
4. At the request of Romania, a further review may be carried out. Is applicable the
procedure provided for in paragraph 3, which shall be completed within six months of
count of the receipt of the application.
5. A Member State that maintains national measures or measures resulting from
bilateral agreements at the end of the five-year period indicated in paragraph 2 may, in the event of
disturbance or threat of serious disturbances from its labour market or
threats from these disorders, and after notification from the Commission, continue to apply those
measures up to the end of the seven-year period from the date of accession. On the lack of this
communication, Articles 1 to 6 of Regulation (EEC) No 1612/68 shall apply.
6. During the period of seven years from the date of accession, Member States
where, by virtue of paragraph 3, 4 or 5, are applicable to Romanian nationals Articles 1.
a 6 to 6 of Regulation (EEC) No 1612/68, and to grant work permits to the
romanians national for follow-up effects during that period, will do so
automatically.
7. Member States in which, by virtue of paragraphs 3, 4 or 5, shall apply to the
National Romanian Articles 1 to 6 of Regulation (EEC) No 1612/68, may
have recourse to the procedures set out in the following paragraphs by the end of the period of
seven years from the date of accession.
Where a Member State referred to in the first paragraph suffers or provides for
disturbances in its labour market that could severely threaten the standard of
life or the level of employment in a given region or profession, you must inform the fact to
Commission and the other Member States, providing them with all information
pertinent. On the basis of such information, the Member State may request the Commission
that declare the suspension, in whole or in part, of the application of Articles 1 to 6 of the
Regulation (EEC) No 1612/68, so that the situation will return to normalcy in that
region or profession. The Commission shall decide on the suspension and the duration and scope of it,
no later than two weeks from receipt of that application and notifies the Council
of that decision. Any Member State may, within two weeks of the
decision of the Commission, to request the Council to cancel or amend the decision. The
Council deliberates on such a request, by qualified majority, within two
weeks.
Any of the Member States referred to in the first subparagraph may, in cases
urgent and exceptional, suspend the application of Articles 1 to 6 of the
Regulation (EEC) No 1612/68, and shall then submit to the Commission a
notification ex-post substantiated.
8. While the application of Articles 1 to 6 of the Regulation (EEC) No 1612/68
is suspended by virtue of paragraphs 2 a to 5 and 7 above, Art. 23 of Directive 2004 /38/CE
is applicable in Romania in relation to nationals of the present Member States and in the
current Member States in relation to Romanian nationals, under the following conditions,
with regard to the right of the family members of the employees to exercise a
activity:
-the spouse of a worker and his / her descendants under 21 years of
age or his post, which with him legally resides in the territory of a State-
Member at the date of accession, they have, as of that date, immediate access to the market of
work of that Member State. This provision does not apply to members of the
family of a worker who has been lawfully admitted to the market of
work from that Member State for a period of less than 12 months;
-the spouse of a worker and his / her descendants under 21 years of
age or his post, which with him legally resides in the territory of a State-
Member since a date subsequent to that of the accession, but during the period of
application of the transitional provisions set out above, have access to the market of
work of the Member State concerned as soon as they pervage eighteen months of
residence in that Member State, or from the third year subsequent to the date of
adhesion, depending on the date you first check.
These provisions do not undermine more favourable measures, be they national or
resulting from bilateral agreements.
9. To the extent that certain provisions of Directive 2004 /38CE, which replace
the provisions of Directive 68 /360/CEE 1 , they cannot be dissociated from those of the
Regulation (EEC) No 1612/68, the application of which is deferred under the terms of paragraphs 2 a to 5 and 7
and 8, Romania and the present Member States may establish derogations from those
provisions to the extent necessary for the application of paragraphs 2 a to 5 and 7 and 8.
10. Where, by virtue of the transitional provisions set out above, the present
Member States apply national measures or measures resulting from agreements
bilateral, Romania may keep in force equivalent measures in relation to the
nationals of or of the Member States concerned.
11. If the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is
suspended by one of the present Member States, Romania may turn to the
procedure provided for in paragraph 7 in relation to Bulgaria. During that period, Romania
shall automatically issue work permits for follow-up purposes
for the Bulgarian nationals.
12. Any of the present Member States applying national measures in the
terms of paragraphs 2 a to 5 and 7 a to 9 may introduce, under national law, a
freedom of movement of workers greater than that existing at the date of accession,
including full access to the labour market. From the third year on from the
date of accession, any of the present Member States applying national measures
may, at any time, decide to apply Articles 1 to 6 of the Regulation (EEC)
n. 1612/68 in substitution of those. The Commission shall be informed of that decision.
13. To cope with disturbances or the threat of serious disturbances in
certain sectors of sensitive services of their labour markets, which may
arise, in certain regions, following the transnational provision of defined services
in Article 1 of Directive 96 /71/CE, and as they apply, by virtue of the provisions
1 Council Directive 68 /360/CEE of October 15, 1968 on the deletion of the
Restrictions on the displacement and permanence of employees of Member States and their
families in the Community (OJ L 257, 10/19/1968, p. 13). Directive with the last
wording given to it by the Act of Accession of 2003 (OJ L 236, 9/23/2003, p. 33) and
repealed, with effect from April 30, 2006, by the Directive 2004 /38/CE of the
European Parliament and of the Council (OJ L 258, 4/30/2004, p. 77).
transitional above, national measures or measures resulting from agreements
bilateral to the free movement of Romanian workers, Germany and Austria may,
after notification of the Commission, provide for derogations 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 carry out an activity in Germany and Austria is subject to national measures.
The list of the service sectors that may be covered by this derogation is the
next:
-in Germany:
Sector NACE Code *, unless otherwise stated
Construction, including
related activities
45.1 a to 4;
Activities listed in the Annex to
Directive 96 /71/CE
Cleaning activities
industrial
74.70 Industrial cleaning activities
Other services 74.87 Exclusively activities of interior decoration
-in Austria:
Sector NACE Code *, unless otherwise stated
Activities of the related services
with horticulture
01.41
Sawdust, cutting and finishing of stone 26.7
Manufacture of building structures
metallics
28.11
Construction, including related activities 45.1 a to 4;
Activities listed in the Annex to
Directive 96 /71/CE
Safety activities 74.60
Industrial cleaning activities 74.70
Nursing home care 85.14
Social service and activities without
accommodation
85.32
___________________________
* NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90,
of October 9, 1990, concerning the statistical nomenclature of activities
economic in the European Community (OJ L 293, 10/24/1990, p. 1).
Regulation with the last wording given by 32003 R 0029:
Regulation (EC) No 1882/2003 of the European Parliament and of the Council,
of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
To the extent that Germany or Austria provide for derogations from the first
paragraph of Article III-144 of the Constitution, in the terms of the preceding paragraphs, the
Romania may, after notification of the Commission, adopt equivalent measures.
The application of this paragraph shall not result in conditions of movement
temporary workers in the context of the transnational provision of services between the
Germany or Austria and Romania more restrictive than the victors at the date of
signature of the Treaty of Accession.
14. The application of paragraphs 2 a to 5 and 7 a to 12 may not result in conditions of access of the
Romanian nationals to the labour markets of the present Member States more
restrictive than those in force at the date of the signing of the Accession Treaty.
Without prejudice to the application of paragraphs 1 a to 13, the present Member States shall, during
the period in which they apply national measures or measures resulting from agreements
bilateral, give preference to national workers of Member States in
the detriment of domestic workers from third countries, as far as access to the
your job market.
Romanian migrant workers and their legally resident families and the
work in another Member State or migrant workers from other States-
Members and their legally resident families and working in Romania cannot
be treated in a more restrictive manner than those of a third country resident and the
work in that Member State or in Romania, respectively. In addition and in
application of the principle of Community preference, migrant workers from countries
third party residents and working in Romania may not have a further treatment
favorable than Romanians nationals.
2. FREE PROVISION OF SERVICES
31997 L 0009: Directive 97 /9/CE of the European Parliament and of the Council of March 3
of 1997, relating to investor compensation systems (OJ L 84, 3/26/1997,
p. 22).
By way of derogation from Article 4 (1) of Directive 97 /9/CE, the minimum level of
compensation is not applicable in Romania until December 31, 2011. The Romania
must ensure that your investor compensation system stipulations a
coverage not less than EUR 4500 between January 1, 2007 and December 31
from 2007, not less than EUR 7000 between January 1, 2008 and December 31
from 2008, not less than EUR 9000 between January 1, 2009 and December 31
from 2009, not less than EUR 11000 between January 1, 2010 and December 31
from 2010 and not less than EUR 15000 between January 1, 2011 and December 31
of 2011.
During such a transitional period, the remaining Member States shall have the right to prevent
that a branch of a Romanian investment company established in its
territories to carry out its activity, other than-and until-that branch adheres to a
compensation system of the investors officially recognised in the territory of that
Member State to cover the difference between the level of Romanian compensation and the level
Minimum referred to in Article 4 (1) of Directive 97 /9/CE.
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 can keep in place, for five years
from the date of accession, the restrictions, prevailing in their legislation at the date of
signature of the Treaty of Accession, in respect of the acquisition of rights of
property on land for secondary residences by nationals of the
Member States or of the States Parties to the Agreement on the Economic Area
European (EEA Agreement) not residents in Romania and by societies
constituted under the terms of the legislation of another Member State or of a State
Part in the EEA Agreement that are not established nor have a
branch or agency that represents them in the territory of Romania.
The nationals of the Member States and of States Parties to the EEA Agreement
legally resident in Romania are not subject to the provisions of the paragraph
previous nor to any rules and procedures other than those that apply to the
romanians national.
2. Notwithstanding the obligations resulting from the Treaty establishing a
Constitution for Europe, Romania can keep in place, for seven years to
counting from the date of accession, the restrictions, prevailing in their legislation at the date of
signature of the Treaty of Accession, in relation to the acquisition of agricultural land,
forestry and forestry land by nationals of Member States, by national
of the States Parties to the Agreement on the EEA and by companies constituted in the
terms of the legislation of another Member State or of a State Party to the Agreement
on the EEA that are neither established nor registered in Romania. In what if
refers to the acquisition of agricultural land, forestry and forest land, the national
of the Member States may not, under any circumstances, receive a treatment less
favourable than at the date of signing of the Accession Treaty, nor be dealt with
more restrictive mode than a national of a third country.
The farmers on their own nationals from another Member State who wish
establishing yourself and residing in Romania are not subject to the provisions of the paragraph
previous nor to any procedures other than those that apply to the
romanians national.
A general review of these transitional measures will be carried out in the third year.
count of the date of accession. For this purpose, the Commission shall submit a
report to the Council. The Council, acting unanimously on a proposal from the
Commission, may decide to reduce or terminate the transitional period indicated in the
first paragraph.
4. COMPETITION POLICY
A. TAX AIDS
1. Treaty establishing a Constitution for Europe, Part III, Title III,
Chapter 1, Section 5, Rules of competition
a) Notwithstanding Articles III-167 and III-168 of the Constitution, Romania may
continue to grant the companies to which a certificate has been granted
permanent investor in a disadvantaged area before July 1, 2003, a
exemption from corporate tax on the basis of the governmental dispatch of
emergency No 24/1998 concerning the disadvantaged areas, and their changes:
-to 3 disadvantaged areas (Brad, Valea Jiului, Bălan) until December 31
of 2008 inclusive;
-to 22 disadvantaged areas (Comăneşti, Bucovina, Altân Tepe, Filipeşti,
Ceptura, Albeni, Schela, Motru Rovinari, Rusca Montană, Bocşa, Moldova
Nouă-Anina, Baraolt, Apuseni, Ştei-Nucet, Borod Şuncuiuş-Dobreşti-Vadu
Crişului, Popeşti-Derna-Aleşd, Ip, Hida-Surduc-Jibou-Bălan, Şărmăşag-
Chiejd-Bobota, Baia Mare, Borşa Vişeu, Rodna) until December 31
of 2009 inclusive;
-to 3 disadvantaged areas (Cugir, Zimnicea, Copşa Mică)
by December 31, 2010 inclusive,
in the following conditions:
-State aid is granted to regional investments:
-the net intensity of such regional aid shall not exceed the 50% rate of
equivalent-net grant. The indicated maximum limit may be
increased by 15 percentage points for small and medium-sized enterprises,
provided that the total net intensity of the aid does not exceed 75%;
-if the company exercises its business in the automotive sector 1 , the total aid
should not exceed 30% of eligible investment costs;
-the start date of the period for the calculation of the aid to be subordinated to the limits
maximum above is January 2, 2003; are excluded from the calculation
all aid requests and received on the basis of profits prior to that
date;
-for the purpose of the calculation of the total aid, all aid is taken into account
granted to the beneficiary who are related to the costs
eligible, including aid granted under other schemes,
regardless of whether they come from local, regional sources,
national or community;
-eligible costs are defined on the basis of the Guidelines on the
state aid with a regional purpose 2 ;
-the eligible costs that can be taken into account are the costs borne
between October 2, 1998 (that is, the date of entry into force of the system
under the emergency government dispatch paragraph 24/1998 concerning the
disadvantaged areas) and September 15, 2004.
b) Romania shall provide the Commission with:
-two months after the date of accession, information on the fulfilment of the
conditions above;
-up to the end of December 2010, information on the costs of
eligible investment actually incurred by the beneficiaries to the
1 Within the meaning of Annex C of the Commission Communication entitled " Framework
Multisectoral community of aid with regional purpose for large projects
of investment " (OJ C 70, 3/19/2002, p. 8). Communication with the last wording that
has been given and published in OJ C 263, 11/1/2003, p. 3. 2 OJ L 74, 3/10/1998, p. 9. Guidelines with the last wording that were given to them and
published in OJ C 258, 9/9/2000, p. 5.
shelter from the governmental emergency dispatch No 24/1998 concerning the
underprivileged areas and their changes, as well as about the amounts
totals of the aid received by the beneficiaries; and
-semiannual reports on the monitoring of aid granted to the
beneficiaries of the automotive sector.
2. Treaty establishing a Constitution for Europe, Part III, Title III,
Chapter 1, Section 5, Rules of competition
a) Notwithstanding Articles III-167 and III-168 of the Constitution, Romania may
continue to grant, to companies that have signed commercial contracts with
the administrations of the free zones before July 1, 2002, an exemption from
royalties on the basis of Law No. 84/1992 on free zones, and their respective
changes, until December 31, 2011, in the following conditions
-State aid is granted to regional investments:
-the net intensity of such regional aid shall not exceed the rate
of 50% of net equivalent-grant. The maximum limit indicated
can be increased by 15 percentage points for small and
medium enterprises, provided that the total net intensity of the aid does not
exceeds 75%;
-if the company exercises its business in the automotive sector 1 , the aid
total shall not exceed 30% of the eligible investment costs;
-the commencement date of the period for the calculation of the aid to be subordinated to the
maximum applicable limits is January 2, 2003; are excluded from the
1 Within the meaning of Annex C of the Commission Communication entitled " Framework
Multisectoral community of aid with regional purpose for large projects
of investment " (OJ C 70, 3/19/2002, p. 8). Communication with the wording that was
given and published in OJ C 263, 11/1/2003, p. 3.
calculation all aid applications and received on the basis of profits
previous to that date;
-for the purpose of calculating the total aid, account is taken of all the
aid granted to the beneficiary who are related to the
eligible costs, including aid granted under others
regimes, regardless of whether they come from local sources,
regional, national or community;
-eligible costs are defined on the basis of the relative Guidelines
to state aid with a regional purpose 1 ;
-the eligible costs that can be taken into account are the costs
supported between July 30, 1992 (i.e., the date of entry into
vigour of the system under the Act No. 84/1992 on the areas
francas) and November 1, 2004.
b) Romania shall provide the Commission with:
-two months after the date of accession, information on the fulfilment of the
conditions above;
-up to the end of December 2011, information on the costs of
eligible investment actually incurred by the beneficiaries to the
under Law No. 84/1992 on free zones and their amendments,
as well as on the total amounts of aid received by the beneficiaries;
and
-semiannual reports on the monitoring of aid granted to the
beneficiaries of the motor vehicle sector.
1 OJ L 74, 3/10/1998, p. 9. Guidelines with the wording that were given to them and published in the
OJ C 258, 9/9/2000, p. 5.
B. RESTRUCTURING OF THE STEEL SECTOR
1. Treaty establishing a Constitution for Europe, Part III, Title III,
Chapter 1, Section 5, Rules of competition
a) Notwithstanding Articles III-167 and III-168 of the Constitution, State aid
granted by Romania for the purpose of restructuring to certain areas of its
steel industry between 1993 and 2004 are considered to be compatible with the market
common since:
-the period provided for in Article 9 (4) of Protocol No 2 on products
ECSC of the European Agreement establishing an association between the Communities
Europeans and their Member States, on the one hand, and Romania, on the other 1 ,
has been extended until December 31, 2005,
-the terms set out in the national restructuring plan and the plans
individual business on whose basis has been extended the Protocol referred to above
are respected during the period from 2002 a to 2008,
-the conditions laid down in these provisions and in the
Appendix A,
-are not granted or paid any state aid, be it under what form
for, the steel companies covered by the national restructuring programme
from January 1, 2005 until December 31, 2008, date of end of the
period of restructuring, and
-are neither granted nor paid to the Romanian steel sector any aid
state to the restructuring after December 31, 2004. For the purposes of the
present provisions and Appendix A, by State aid to the restructuring
understands any measures concerning the steel industries that constitute
1 OJ L 357, 12/31/1994, p. 2. Agreement with the last wording given by the
Decision No 2/2003 of the EU/Romania Association Council of 9/25/2003 (not yet
published in the Official Journal).
state aid within the meaning of Article 87 (1) of the EC Treaty and which does not
may be considered compatible with the common market in accordance with
rules applicable in general in the Community.
2. Only the companies listed in Appendix A, Part I, (hereinafter referred to
by "beneficiary companies") are eligible for the granting of state aid in the
scope of the restructuring programme of the Romanian steel industry.
3. The restructuring of the Romanian steelmaking sector, as exposed in the plans
individual business of the beneficiary companies and in the national plan of
restructuring, and in accordance with the conditions laid down in these provisions and
in Appendix A, it shall be completed no later than December 31, 2008 (date to
follow designated by "end of the restructuring period").
4. A beneficiary company cannot:
a) In the event of a merger with a company not included in Appendix A, Part I,
transmit the benefit of the aid it has been granted;
b) To retake the assets of any other company not included in Appendix A, Part
I, and pass on the benefit of the aid granted to it in the period
by December 31, 2008.
5. Any subsequent changes in the ownership of any of the companies
beneficiary must comply with the conditions and principles regarding the feasibility, the
state aid and capacity reduction, as defined in those present
provisions and in Appendix A.
6. Companies not included as "beneficiary companies" in Appendix A, Part
I, shall not qualify for state aid for restructuring or any other
aid deemed not to be compatible with Community rules in respect of
state aid nor will they be required for a reduction in capacities in this context.
Any capacity reductions in these companies will not be accounted for in the
minimum reduction.
7. The total amount of the gross restructuring aid to be approved for the
beneficiary companies is determined by the justifications for each aid measure
provided for in the national final restructuring programme and business plans
individual approved by the Romanian authorities and subject to final verification in what
respects the observance of the criteria set out in Article 9 (4) of Protocol 2 to the
European Agreement, as well as the approval by the Council. In any way, the amount
total gross aid for restructuring granted and paid in the period 1993-2004 no
may exceed ROL 49 to 985 thousand million. In the interior of this global cap-maximum, they are
applicable the following sub-limits or maximum amounts of State aid
granted and paid to each beneficiary company in the period 1993-2004:
Ispat Sidex Galaţi ROL 30 598 thousand million
Siderurgica Hunedoara ROL 9 975 thousand million
CS Reşiţa ROL 4 707 thousand million
IS Câmpia Turzii ROL 2 234 thousand million
COS Târgovişte ROL 2 399 thousand million
Donasid (Siderca) Călăraşi ROL 72 thousand million
State aid should be aimed at enabling the viability of companies
beneficiaries under normal market conditions at the end of the restructuring period. The
amount and the intensity of such aid shall be limited to the strictly necessary
to re-establish that viability. The feasibility will be determined taking into account the
criteria described in Appendix A, Part III.
Romania cannot grant any other state aid to its industry
steel for the purpose of restructuring.
8. Total net capacity reductions to be achieved by the beneficiary companies
during the period 1993-2008 will be 2.05 million tonnes, at the earliest.
These capacity reductions are assessed on the basis of the definitive closure of the
production facilities for hot-rolled laminate in cause, upon destruction
physics of proportions such that it prevents their further reactivation. An eventual
declaration of bankruptcy of a beneficiary company cannot be considered as a
reduction of capacity 1 .
The minimum net capacity reduction of 2.05 million tons and the dates for the
cessation of production and final closure of the facilities covered processing-
if-according to the timetable set out in Appendix A, Part II.
9. Individual business plans shall contain the written approval of the
beneficiary companies. These plans must be implemented and include,
particularly:
a) For the Ispat Sidex Galaţi:
i) the implementation of the investment programme for the modernization of the
facilities, increase in incomes, reduction of costs (in particular
of energy consumption) and the improvement of quality
ii) the evolution to market segments of larger steel flat products
value added
iii) the improvement of operational efficiency and organizational management
iv) the completion of the financial restructuring of the company
v) the implementation of the investments necessary for the observance of the
environmental legislation
b) For Siderurgica Hunedoara:
i) the modernization of the facilities, in order to realize the sales plans
predicted
ii) the improvement of operational efficiency and organizational management
iii) the implementation of the investments necessary for the observance of the
environmental legislation
1 Capacity reductions must be final in the terms of the Decision
n. 3010 /91/CECA of the Commission (OJ L 286, 10/6/1991, p. 20).
c) For the IS Câmpia Turzii:
i) the increase in the production of processed and higher value products
added
ii) the implementation of the investment program, in order to improve the
quality of production
iii) the improvement of operational efficiency and organizational management
iv) the implementation of the investments necessary for the observance of the
environmental legislation
d) For CS Reşiţa:
i) specialization in semi-finished products for supply to the sector
place of tubing
ii) the closure of non-efficient capacities
iii) the implementation of the investments necessary for the observance of the
environmental legislation
e) For the COS Târgovişte:
i) the increase in the quantity of products of higher value added
ii) the implementation of the investment program, in order to achieve reductions of
costs, higher efficiency and improvement of quality
iii) the implementation of the investments necessary for the observance of the
environmental legislation
f) For the Donasid Călăraşi:
i) the implementation of the investment programme for the modernization of the
facilities
ii) the increase in the amount of finished products
iii) the implementation of the investments necessary for the observance of the
environmental legislation.
10. Any subsequent changes of the national final restructuring programme
and individual business plans must be approved by the Commission and, if
necessary, by the Council.
11. The restructuring shall be carried out in conditions of complete transparency and on the basis of
in solid principles of market economy.
12. The Commission and the Council shall closely monitor the implementation of the programme
of restructuring and individual business plans, as well as compliance with the
conditions set out in these provisions and in Appendix A, before and after accession
up to 2009. Especially, the Commission should follow up on the main commitments and
provisions set out in paragraphs 7 and 8 relating to State aid, viability and
capacity reductions, using in particular the reference indices of the
restructuring set out in paragraph 9 and in Appendix A, Part III. For this purpose, the
Commission shall report to the Council.
13. The follow-up shall include an independent assessment carried out
annually between 2005 and 2009.
14. Romania shall cooperate fully in all measures of
follow up. Namely:
-Romania must submit to the Commission half-yearly reports at the latest in
March 15 and September 15 of each year, unless otherwise decided by the
Commission. The first report is to be submitted on March 15, 2005 and the
last on March 15, 2009;
-reports must include all the information necessary to follow up
of the process of restructuring and the reduction and utilization of capacity, as well as
provide sufficient financial data so that it is possible to assess whether they have been
fulfilled the conditions and requirements of those provisions and Appendix A. Os
reports shall contain at least the information set out in the
Appendix A, Part IV, which the Commission reserves the right to change in relation to the
experience gained during the follow-up process. Beyond the
reports from each of the beneficiary companies, must also be drawn up
a report on the global situation of the Romanian steel sector, which will include the
recent macroeconomic developments;
-Romania should oblige beneficiary companies to communicate all data
pertinent that they could, in other circumstances, be considered confidential.
In its report to the Council, the Commission should ensure that they are not disclosed
confidential information about specific companies.
15. We will realize half-yearly meetings of an advisory committee composed of
representatives of the Romanian authority and the Commission. The meetings of that Committee
Advisory can also be held on a basis ad hoc if the Commission considers it
necessary.
16. If, on the basis of the monitoring, the Commission finds that they have registered
substantial deviations from the anticipated macroeconomic developments, to the
financial situation of the beneficiary companies or the assessment of the feasibility, may ask
to Romania to take appropriate measures to strengthen or amend the measures of
restructuring of the beneficiary companies in question.
17. If the monitoring shows that:
a) It was not met with any of the conditions laid down in those provisions and in the
Appendix A; or that
b) There has been no respect for some of the commitments made by Romania in the framework
of the extension of the period during which this country may exceptionally
granting state aid for the restructuring of its steel industry to the
shelter from the European Agreement, or that
c) During the period of restructuring Romania granted State aid
additional incompatible to the beneficiary companies or to some company
steel mill,
the Commission will take the necessary measures to require that the companies in question
repay any aid granted in disregard of the conditions laid down
in these provisions and in Appendix A. If necessary, the clauses of
safeguard set out in Article 36 of the Protocol, or under Article 38 of the
Protocol.
5. AGRICULTURE
A. AGRICULTURAL LEGISLATION
31999 R 1493: Council Regulation (EC) No 1493/1999 of May 17, 1999,
establishing the common organisation of the wine market (OJ L 179, 7/14/1999,
p. 1), with the last wording given by:
-32003 R 1795: Commission Regulation (EC) No 1795/2003 of 10/13/2003
(OJ L 262, 10/14/2003, p. 13).
By way of derogation from paragraphs 1 a to 3 of Article 19 of Regulation (EC) No 1493/1999, a
Romania may recognize the replanting rights obtained through the start-up of
hybrid castes that cannot be included in the classification of vine castes,
cultivated on a surface area of 30000 hectares. Such replanting rights may be
used only until December 31, 2014 and exclusively for planting with
Vitis vinifera .
The restructuring and reconversion of these vines will not be able to benefit from the support
Community provided for in Article 13 of Regulation (EC) No 1493/1999. However,
national state aid may be granted for the costs resulting from it
restructuring and conversion. Such aid may not exceed 75% of the total costs
for each vine.
B. VETERINARY AND PHYTOSANITARY LEGISLATION
I. VETERINARY LEGISLATION
32004 R 0852: Regulation (EC) No 852/2004 of the European Parliament and of the Council,
of April 29, 2004 on the hygiene of foodstuffs (OJ L 139
of 4/30/2004, p. 1).
32004 R 0853: Regulation (EC) No 853/2004 of the European Parliament and of the Council,
of April 29, 2004, which sets out specific rules of hygiene applicable to the
foodstuffs of animal origin (OJ L 139, 4/30/2004, p. 55).
a) The structural requirements set out in Annex II, Chapter II, of the
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 the Regulation (EC)
n. 853/2004, do not apply to establishments in Romania constant of the
Appendix B to this Annex until December 31, 2009, subject to the
conditions set out below.
b) As long as the establishments referred to in (a) benefit from the provisions
in that point, the products from such establishments will only be
placed on the national market or used for further processing in
establishments in Romania also covered by the provisions of (a),
regardless of the date of marketing. These products must bear
a brand of salubrity or a mark of identification other than that provided for
in Article 5 of Regulation (EC) No 853/2004.
The preceding paragraph shall also apply to all products from
integrated meat processing establishments, whenever a part
of the establishment is the subject of the provisions of subparagraph (a).
c) The milk processing establishments listed in Appendix B of the
present Annex may, until December 31, 2009, receive milk deliveries
cru that does not meet the requirements of Annex III, Section IX, Chapter I,
Sub-chapters II and III of Regulation (EC) No 853/2004, or which has not been
handled in accordance with these requirements, provided that the holdings from where
stem these deliveries are mentioned in a list maintained for the purpose
by the Romanian authorities. Romania must submit to the Commission reports
annual progress on the progress in the modernization of such holdings and the
milk collection system.
d) Romania must ensure the gradual compliance with the structural requirements
referred to in point (a). Prior to the date of accession, Romania shall submit to the
Commission a modernisation plan, approved by the veterinary authority
competent national, for each of the establishments covered by the
measure as set out in (a) and listed in Appendix B. The plan shall
include a list of all the gaps regarding the requirements referred to in (a)
and the target date for its correction. Romania must submit to the Commission
annual reports on the progress recorded in each of these
establishments. Romania must ensure that only the establishments that
comply fully with these requirements by December 31, 2009 can
continue in operation.
e) The Commission may, in accordance with the procedure referred to in Article 58.
of Regulation (EC) No 178/2002 1 , update Appendix B of the present
Annex before accession and until December 31, 2009 and may, in this context,
adopt or suppress certain establishments, depending on the progress
performed on the correction of the existing gaps and the outcome of the process of
follow up.
The rules of implementation necessary to ensure the proper functioning of the scheme
transitional above may be adopted in accordance with Article 58 of the
Regulation (EC) No 178/2002.
II. PHYTOSANITARY LEGISLATION
1 Regulation (EC) No 178/2002 of the European Parliament and of the Council of January 28
of 2002, which determines the general principles and standards of food law, creates the
European Food Safety Authority and establishes procedures in
food safety matter (OJ L 31, 2/1/2002, p. 1). Regulation
as last amended by the Regulation (EC) No 1642/2003 (OJ L 245
of 9/29/2003, p. 4).
31991 L 0414: Council Directive 91 /414/CEE of July 15, 1991 on the
placement of the plant protection products on the market (OJ L 230, 8/19/1991, p. 1),
with the last wording given by:
-32004 L 0099: Commission Directive 2004 /99/CE of 10/1/2004 (OJ L 309
of 10/6/2004, p. 6).
By way of derogation from Article 13 (1) of Directive 91 /414/CEE, Romania may postpone the
date-limit for the supply of the information referred to in Annexes II and III of the
Directive 91 /414/CEE in respect of authorised plant protection products
currently in Romania and marketed exclusively in the Romanian territory and which
contain copper compounds (sulfate, oxychloride or hydroxide), sulfur, acetochloro,
dimethoate and 2,4D, provided that these components build at that time of the list of the
Annex I of that Directive. The above date-limit may be postponed
by December 31, 2009, except as far as 2,4-D, the date of which may be
be postponed until December 31, 2008. The above provisions shall only apply to
companies that have actually started to work on the generation or acquisition of the
data requested before January 1, 2005.
6. TRANSPORT POLICY
1. 31993 R 3118: Council Regulation (EEC) No 3118/93 of October 25
of 1993, which sets the conditions for the admission of non-resident carriers to the
national road transport of goods in a Member State (OJ L 279
of 11/12/1993, p. 1), with the last wording given by:
-32002 R 0484: Regulation (EC) No 484/2002 of the European Parliament and of the
Council, of 3/1/2002 (OJ L 76, 3/19/2002, p. 1).
a) By way of derogation from Article 1 of Regulation (EEC) No 3118/93 and up to the expiry of the
third year subsequent to the date of accession, the carriers established in the
Romania is not allowed to carry out national road transport of
goods in the other Member States and the transporters established in the
other Member States are not authorized to carry out national transport
road of goods in Romania.
b) Before the expiry of the third year subsequent to the date of accession, the States-
Members must report to the Commission whether they will extend that period by a
maximum of two years or if, from that onwards, they will fully implement Article 1 of the
regulation. In the absence of such communication, Article 1 of the Regulation shall apply.
Only the carriers established in the Member States in which it is
applicable Article 1 of the Regulation may carry out national transport
road of goods in the other Member States where it is also
applicable Article 1 of the Regulation.
c) Member States in which, by virtue of the provisions of (b), the
article 1 of the Regulation may resort to the procedure set out below
until the expiry of the fifth year subsequent to the date of accession.
Where in one of the Member States referred to in the preceding paragraph if
to record serious disturbances of the national market, or parts of the same,
due to the activity of cabotage or by it aggravated, for example a
significant surplus of supply in relation to demand or a threat to the
financial balance or the survival of a large number of companies from
road transport of goods, that Member State shall inform that
fact the Commission and the remaining Member States and provide them all
relevant information. On the basis of this information, the Member State may
requesting the Commission to suspend, in whole or in part, the application of Article 1 of the
regulation, so that the situation will return to normalcy.
The Commission shall look at the situation on the basis of the data provided by the State-
Member concerned and shall decide, within one month of the receipt of the application,
whether it is necessary to adopt safeguard measures. The procedure is applicable
provided for in the second, third and fourth subparagraphs of paragraph 3, as well as the provisions
in Article 7 (4), 5 and 6 of the Regulation.
Any of the Member States referred to in the first subparagraph may, in cases
urgent and exceptional, suspend the application of Article 1 of the Regulation,
you shall then submit to the Commission a notification ex-post
substantiated.
d) While Article 1 of the Regulation is not applicable by virtue of the provisions of the
points (a) and (b), Member States may regulate access to their
national road transport of goods by exchange
progressive of cabotage authorizations, based on bilateral agreements,
and may even introduce full liberalization.
e) The application of points (a), (b) and (c) shall not entail an access to transport
road national of goods more restrictive than the current one on the date of
signature of the Treaty of Accession.
2. 31996 L 0053: Council Directive 96 /53/CE of July 25, 1996, which
fixed the maximum authorized dimensions in national and international traffic and the weights
maximum authorized in international traffic for certain road vehicles in
circulation in the Community (OJ L 235, 9/17/1996, p. 59), with the last wording that
it was given by:
-32002 L 0007: Directive 2002/7/CE of the European Parliament and of the Council,
of 2/18/2002 (OJ L 67, 3/9/2002, p. 47).
By way of derogation from Article 3 (1) of Directive 96 /53/CE, the vehicles that comply
the limit values of categories 3.2.1., 3.4.1., 3.4.2. and 3.5.1. specified in Annex I of the
said directive can only use the non-modernised parts of the road network
romaine until December 31, 2013 if they comply with the Romanian maximum load limits
by axis.
As of the date of accession, restrictions may not be imposed on the use, by the
vehicles that comply with the requirements of Directive 96 /53/CE, of the main itineraries of
traffic indicated in Annex 5 of the Agreement on Transport between the EC and Romania 1 and
in Annex I to Decision No 1692 /96/CE of the European Parliament and of the Council,
of July 23, 1996 on the Community Guidelines for the Development of the
trans-European transport network 2 , and which are going to be listed below:
1. Alba Iulia-Turda-Zalău-Satu Mare-Halmy (road E 81)
2. Zalău-Oradea-Borş (roads 1 H and E 60)
3. Mărăşeşti-Bacău-Suceava-Siret (road E 85)
4. Tişiţa-Tecuci-Huşi-Albiţa (Road E 581)
5. Simeria-Haţeg-Rovinari-Craiova-Calafat (road E 79)
6. Lugoj-Caransebeş-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. Braşov-Sibiu (Road E 68)
12. Timişoara-Stamora Moraviţa
Romania will abide by the constant timetable of the framework ahead to modernise its
secondary road network as exposed on the map below. All investments in
infrastructures that involve the resource to funds from the budget
community must ensure that the arteries are built or modernized in a way
to be able to withstand a load of 11.5 tons per axle.
Alongside the completion of the modernization, the progressive opening of the road network will be recorded.
Romanian secondary to vehicles in international traffic that comply with the limit values
provided for in the Directive. For the purpose of loading and unloading, and whenever this is
technically possible, it is authorised to use non-modernized parts of the network of
secondary roads throughout the transitional period.
1 Agreement on Road Traffic between the European Community and Romania concerning the
transportation of goods, from June 28, 2001 (OJ L 142, 5/31/2002, p. 75). 2 OJ L 228, 9/9/1996, p. 1. Decision with the last wording which was given by the
Decision No 884 /2004/CE (OJ L 167, 4/30/2004, p. 1).
From the date of accession, all vehicles in international traffic that comply with the
limit values provided for in Directive 96 /53/CE will only be subject to the temporary rates
additional planned for the use of the Romanian secondary viaria network if they exceed the
national load limits per axle. Such vehicles will not be subject to these fees
additional temporary planned for the use of the Romanian secondary viary network if
exceed the national limits on the total dimensions or weight of the vehicle. Beyond
of this, such vehicles in international traffic that comply with the predicted limit values
in Directive 96 /53/CE and equipped with pneumatic suspension will be subject to fees
lower by at least 25%.
They will be charged, in a non-discriminatory manner, additional temporary fees for the
use of non-modernized parts of the secondary road network to vehicles in traffic
international that comply with the limit values provided for in the Directive. The regime of fees
must be transparent, and the payment of fees shall not involve charges
administrative or excessive delays for the user nor a systematic control of the
load limits by axle at the border. The application of the load limits on the axis should
be ensured in a non-discriminatory manner across the territory and be effective equally
with regard to vehicles enrolled in Romania.
The rates for vehicles without pneumatic suspension that comply with the limit values
provided for in Directive 96 /53/CE shall not exceed the level of fees provided for in the table
below (expressed in figures of 2002). Vehicles equipped with suspension
pneumatics that comply with the limit values laid down in Directive 96 /53/CE will be
subject to lower rates by at least 25%.
Maximum level of fees (expressed in figures of 2002) for vehicles without suspension
pneumatics that comply with the limit values provided for in Directive 96 /53/CE
Cargo declared by axle of a supplementary cargo Monting vehicle for
use of a kilometre of road not
modernized (with a maximum of
load capacity of 10 tonnes per
axis) in euro (numbers 2002)
from 10 tonnes per axle up to 10.5 tonnes per axle 0.11
from 10.5 tonnes per axle up to 11 tonnes per axle 0.30
from 11 tonnes per axle up to 11.5 tonnes per axle 0.44
Timetable for the modernization of the secondary road network in which one will register a
progressive opening to vehicles that comply with the limit values provided in the
Directive 96 /53/CE
Period 2007 2008 2009 2010 2011 2012 2013 TOTAL
Km in course 1 3031 2825 1656 1671 1518 1529 1554
Km put into service 2960 1674528624504543471
Work cumulated
(in km) 3916 5590 6118 6742 7246 7789 8260 8260
1 Km under way = sections of road in which work is carried out during the
year of reference. These work may begin in the reference year or may
have been started in the previous years.
2 Km placed in service = sections of road whose work has been completed
or that were put into service during the reference year.
Urziceni
ILIA
E79
TUSNAD
CAREI
Nusfalau
MARGHITA
Virfurile
NUCET
HUNEDOARA
Sarmisegetuza
PROM HERCULANE
BAIA DE ARAMA
Carasova
58
ORAVITA
MOLDOVA NOUA
Bozovici
Pojejana57A
Socol
E70
Naidas 57
Gradinari 57
57B
Topleta
ORSOVA
57
Berzeasca
56B
E771
E70
Iablanita
57B
ANINA
67D
6
76 Dragesti
Les
NADLAC
Biled
Carpinis
SINNICOLAU
59B
59C
MARE
JIMBOLIA
Lovrin 6
Cenad
E68
7
E68 Capruta
LIPOVA69
58B
MORAVITA
DETA
E70
Voiteg
59
Berzovia
BOCSA
TIMISOARA
E671
59A
Ortisoara
Vinga
E70
LUGOJ
CARANSEBES
OTELU ROSU
And 7 to 0
58 Saceni
RESITA
6
58A
68
E673
Savirsin
Faget
68A Cosava
7
Inana
SALONTA
CHISINEU-CRIS79A
ARAD
E671
Nadab
Turnu
Paulis
79A
VARSAND
79
E671
79A
INEU
Gurahont
E79
VASCAU
76
E79
Copaceni
Pocola BEIUS
E60 BORS
Sacueni
Prom Felix
Biharia
ORADEA 1
19
ALESD E60
1H
from Bacau Supiacu
19B
Valea lui Mihai
19 1F
CataloiIancaBUZAUVernesti VALENII
Schitu Domnestilui Neag
22D73C67A E79
PLOIESTI
FROM MUNTE
OTOPENI
Adunatii-Copaceni
Calugareni
41
64
OCHIM
Dobrouasa
Babeni
MARI
DRAGASANI
CARACAL
BrincoveniBALSE79
56
CALAFAT Rast
Maglavit
Cetate
56A
E79
55A Dabuleni
Bechet 54A
55
Highway
CRAIOVA
6 Leu
Bumbesti-
Scoarta
Pesteana-Jiu
MOTRU E7
9 Brosteni
TURNU SEVERIN
VINJU MARE
67A
Simian 6
Floresti
DROBETA
67
STREHAIA
FILIASI
66
Runcu
Pieptani
67D 67
67
TIRGU JIU ROVINARI
Jiu
66
BalcestiTintareni
E70 65C
Hurezani67B
Ganeasa
Giulesti
HOREZU
Maldaresti
Gradistea
TIRGU CARBUNESTI
Cimpu Mare
67B
Bengesti
PolovraciNOVACI
GOVORA
65C 64
PROM 67
64
Clejani
OF VEDE
TURNU MAGURELE
ROSIORII
52
54
CORABIA
E70 Stoenesti
54
Daneasa
65A
6
65A
GIURGIU Smirdioasa
ZIMNICEA
51
51A
E85 E70
5C
Ghimpati
ALEXANDRIA
Draganesti Vlasca
6
E705B
Daia E85
5
661
Dragomiresti
72A
CerbuVedea 67B
Ungheni
SLATINA
65
E574
COSTESTI
Redea
65A E70
CURTEA OF ARGES
E81 7C
RIMNICU VILCEA
Budau
73C
PITESTI
73
7
E574
Golesti
E60
Bildana
Cringasi
Crevedia Mare
TITU
GAESTI
7
A1
BUFTEA 1
TIRGOVISTE
I.L. Caragiale
72 to 71
FIENI
1A
72
CIMPINA
1
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21 to 3
Vlad Tepes Cuza
Budesti
OLTENITAGreaca
4
Minastirea 3B
CALARASI
Ostrov
Voda
31
Baneasa
Corvin 3
Cilibia
Pogoanele
2A
Fundulea
E85
Branesti Pasarea
E60
2
3
Gara Lehliu
Lehliu
URZICENI
E60
Malu
Cosops
MIZIL
1D
Albesti
1B
E85
2C
2B
3A
SLOBOZIA
Drajna
TANGIVE
21 Dragaline
Stefan Voda
3A
Amara
2C
FETUS
Facaeni
3B
Insuratei
Grivita
FAUREI
GIURGENI 21A
E577
2B 21
22C
CONSTANTA
EFORIE NORD
NEPTUN JUPITER
MANGALIA
COSTINESTI
EFORIE SUD
Vama Veche
E87
E675
Ovidiu
Cobadin
Amzacea
Negru vows 38
Pietreni
Basarabi
E87
SATURN VENUS
Agigea
39
BABADAG
Capul Midia
NAVODARI
Mihai Scrdrew
CERNAVODA Kogalniceanu
Mihail
2A
E60
22
22B
E87
Viteazu
22D
Horia Nalbant
Ciucurova
Rohman 22A
Topolog
Cerna
E87
Caugagia
22D
2222A
Cimpului Varful
Cracaoani
Praxia
Tarcau
Ghimes-Faget
MIERCUREA CIUC
COMANESTI
INTORSATURA BUZAULUI
Ungureni Maneciu-
E85
29A
15E576 BORSECDedaZimbar
VESTEM
BUCURESTI
TIRNAVENI
MEDIAS
Blajel
Axente Sever
COPSA MICA
15
Criscior 14B74
SEBES
7A PETROSANI
Pui
HATEG
URICANI
Cimpu
Cirnesti E79
66
66
66A
SIMERIA
CALAN
68B DEVA
76
Soimus
ORASTIE
ZLATNA
7
Talmaciu
Obirsia Lotrului Voineasa
BREZOI
7A Malaya
7
E81
E81
Sugag
57C E68
1/7
SIBIU
14
ALBA IULIA
Buru
Albac
BRAD 74
Buces
Arieseni
CIMPENI
Bucium
ABRUD
Lupsa 75
HUEDIN
1 1G
1F
CIMPIA TURZII TURDA
BLAJ
Teius
1 14B
AIUD
Miraslau
E81
14A
Iernut E60
CLUJ NAPOCA
Apahida
E60
Rascruci
Dimbu
Camarasu 16
Hoghiz
RUPEA
Serfall
73A
Bilea Lac
Poienari
7C
CIMPULUNG
Rucar
E574
Voila
Cirtisoara 1
Avrig
E68
FAGARAS
Sinca Veche
1
10 BRASOV
PREDEAL
SINAIA
COMARNIC Moroeni
71
E60
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Bran 73A
73
1A
Full
SACELE
GHEORGHE SFINTU
E68 CODLEA
13 E574
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Chichis Prejmer
11
SECUIESC 12
TIRGU
13A
TOPLITE
ODORHEIU SECUIESC
Corund
13A MURES Praid
SIGHISOARA
Singeorgiu
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13
14
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15
15 A to 15
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PROM TUSNAD
VLAHITA
Sinmartin
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11B
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13B 12
12
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12A
BICAZ
Lacu Rosu
12C
VISEU DE SUS
Romuli
MARMATIEIPetea Livada SIGHETU
E81
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Somcul Mare
Surduc
Sinmihaiu Almasului
Sarmasag
Romanasi E8
1 ZALAU
SIMLEU SILVANIEI
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JIBOU 1H
1H
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SATU MARE
Ardud
E81
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E671
Satulung E671
1C
Seini
1C
Vama
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1 71C
DEJ
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And 5 7 6
17
Cosbuc
17D
Feresti
BAIA SPRIE
BAIA MARE
18 Mara
Sacel
18
E81/E58
1C HALMY
Mare Tarna
19
Sapinta
from Sus Vicovu
RADAUTI
DORNEI VATRA
E5 76
IacobeniRodna
Prundu Birgaului
SINGEORZ-BAI
17C
BISTRITA
NASAUD
And 5 to 8
17
Borsa
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17D 18
Cirlibaba
Chiril
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17B
Borca 15B
Poiana Largului
15
MOLDOVENESC CIMPULUNG
GURA HUMORULUI
Moldovitei Vatra
Vama
Succevita
17A
And 5 8Ilisesti
17
Marginea 2
SIRET
E85
Grates
29C
E581ROMAN15D
26
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Oancea
Folds
Smirdan
Tulucesti
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FOCSANI
MARASESTI
2D
Nehoiu
Cislau Ciuta
Siriu
RIMNICU SARAT
10
2D Lepsa
Vidra
25
Independents
Balta Alba22
2
Sendrai
Sarat
BRAILA
Traian
Lacu Movila Miresii
2B
GALATI
Gara Berheci
TECUCI
E85
24
Hanu Conachi
BACAU
Secuieni
15D
2GScorteni
Sanduleni
TIRGU OCNA
Oituz
11
SLANIC MOLDOVA
12B
Darmanesti
MOINESTI
11A
ONESTI
E574 E85
NEAMT PIATRA
BUHUSI
15
Sirbi
BIRLAD
ADJUD
Podu Turcu 11A
24A
26 Murgeni
Zorleni
E581
VASLUI
Vulturesti
15D
Dragomiresti
2F
NEGRESTI
24B
Crasna
ALBITA 24B
ISACCEA
Garvan
MACIN 22
2B
E87
24A
E583/E58
Stanca29B
E583
Stefanesti
TIRGU FRUMOS
Nicolae Balcescu
Miclauseni
PASCANI
Sabaoani
TIRGU NEAMT
Dobreni
15C
15C Ago
Strunga
28
Ruginoasa 28A
BOTOSANI
SUCCEEDED
FALTICENI
29C
29 Rutani E58
HIRLAU
28B
29D
SCULENI
Vinatori
BUCIUM IASI
28
Podu IloaieiE58
24 to 28
Prut Radauti
DARABANI
George Enescu
DOROHOI
29A
Manoleasa
SAVENI Ungureni
29
TULCEA
HIRSOVA
SERBIA SI MUNMONTENEGRU
NATIONAL ROADS REHABILITATION-PROJECTS
TO BE COMPLETED BY 2013
MTCT AND
Stages I-XIII Length = 8260k m Value = 6 489.3 Thousand Euro
3. 31999 L 0062: Directive 1999 /62/CE of the European Parliament and of the Council,
of June 17, 1999 on the application of impositions to heavy vehicles
of goods by the use of certain infrastructure (OJ L 187, 7/20/1999,
p. 42), with the last wording given 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
By way of derogation from Article 6 (1) of Directive 1999 /62/CE, the minimum rates of
taxes set out in Annex I to the Directive shall not apply in Romania to the
vehicles that carry out exclusively national transport services
by December 31, 2010.
During that period, the rates to be applied by Romania to such vehicles will achieve
gradually the minimums set out in Annex I to the Directive, in accordance with the
next calendar:
-by January 1, 2007, the fees to be applied by Romania may not be lower
to 60% of the minimum set out in Annex I to the Directive;
-by January 1, 2009, the fees to be applied by Romania may not be lower
to 80% of the minimums set out in Annex I to the Directive.
7. TAXATION
1. 31977 L 0388: Sixth Directive 77 /388/CEE of the Council,
of May 17, 1977, on the harmonisation of the laws of the Member States
relating to taxes on turnover-common system of the tax on
the value added: uniform collectible matter (OJ L 145, 6/13/1977, p.1), with the
last wording that was given by:
-32004 L 0066: Council Directive 2004 /66/CE of 4/26/2004 (OJ L 168
of 5/1/2004, p. 35).
For the purposes of the application of Article 28 (3) (b) of Directive 77 /388/CEE, the
Romania may continue to exempt from value added tax on transport
internationals of passengers referred to in point 17 of Annex F to the Directive, until
be fulfilled the condition laid down in Article 28 (4) of the Directive or while it is
applied for the same exemption by any of the present Member States, depending on the
that to check out first.
2. 31992 L 0079: Council Directive 92/79/CEE of October 19, 1992,
on the approximation of taxes on cigarettes (OJ L 316, 10/31/1992,
p. 8), with the last wording given by:
-32003 L 0117: Council Directive 2003 /117/CE of 12/5/2003 (OJ L 333
of 12/20/2003, p. 49).
By way of derogation from Article 2 (1) of the 92/79/CEE Directive, Romania may postpone,
by December 31, 2009, the application of the special minimum consumption tax
global that focuses on the selling price to the public (including all taxes) of the
cigarettes from the most sold price class, provided that during that period, proceed to the
gradual adjustment of the rates of their special taxes to the special tax of
global minimum consumption provided for in the Directive.
Without prejudice to Article 8 of the Council Directive 92/12/CEE of February 25
of 1992, concerning the general scheme, detention, movement and controls of products
subject to special consumption taxes 1 , and after informed the Commission, the
Member States may, as long as the derogation referred to above, be applicable
quantitative limits identical to those applied to imports from third countries for the
cigarettes that can be introduced into their territories from Romania without
payment of a special supplementary consumption tax. The Member States that
1 OJ L 76, 3/23/1992, p. 1. Directive with the last wording given by the
Regulation (EC) No 807/2003 (OJ L 122, 5/16/2003, p. 36).
opting for this possibility may carry out the necessary controls provided that the
same do not affect the proper functioning of the internal market.
3. 32003 L 0049: Council Directive 2003 /49/CE of June 3, 2003,
on a common tax regime applicable to interest and royalty payments
performed between associated companies of different Member States (OJ L 157
of 06/26/2003, p. 49), with the last wording given by:
-32004 L 0076: Council Directive 2004 /76/CE of 4/29/2004 (OJ L 157
of 4/30/2004, p. 106).
Romania is authorised not to apply the provisions of Article 1 of the
Directive 2003 /49/CE until December 31, 2010. During that transitional period, the
tax rate applicable to the payment of interest and royalties to an associated company
from another Member State or to a permanent establishment located in another State-
Member of an associated company of a Member State shall not be superior
at 10%.
4. 32003 L 0096: Council Directive 2003 /96/CE of October 27, 2003,
which restructures the Community taxation framework of energy products and of the
electricity (OJ L 283, 10/31/2003, p. 51), with the last wording given to it
by:
-32004 L 0075: Council Directive 2004 /75/CE of 4/29/2004 (OJ L 157
of 4/30/2004, p. 100).
a) By way of derogation from Article 7 of Directive 2003 /96/CE, Romania may apply the
following transient periods:
-until January 1, 2011 to adjust the level of national taxation of the
unleaded petrol used as a fuel at the minimum level of
EUR 359 per 1000 litres. The effective tax rate applicable to gasoline
no lead used as a fuel may not be less than EUR 323
per 1000 litres as of January 1, 2008,
-until January 1, 2013 to adjust the level of national taxation of the
diesel fuel used as a fuel at the minimum level of EUR 330 per 1000
liters. The effective tax rate applicable to diesel fuel used as
fuel may not be less than EUR 274 per 1000 litres
from January 1, 2008 and to EUR 302 per 1000 litres as of January 1
of 2011.
(b) By way of derogation from Article 9 of Directive 2003 /96/CE, Romania may apply the
following transient periods:
-until January 1, 2010 to adjust the level of national gas taxation
natural for purposes of heating in non-professional use at the level
minimum of taxation set out in Annex I, Table C,
-until January 1, 2010 to adjust the level of national taxation of the
heavy fuel oil used for the purpose of district heating at the levels
minimum of taxation set out in Annex I, Table C,
-until January 1, 2009 to adjust the national taxation levels of the
heavy fuel oil used for other purposes at minimum levels of taxation
set out in Annex I, Table C.
The effective tax rate applicable to heavy fuel oils in question do not
may be less than EUR 13 per 1000 kg as of January 1, 2007.
c) By way of derogation from Article 10 of Directive 2003 /96/CE, Romania may apply
a transitional period until January 1, 2010 to adjust the level of taxation
national electricity at the minimum levels of taxation set out in the
Annex I, Table C. The effective rates of tax applicable to electricity do not
may be less than 50% of the relevant minimum rate of the Community to be
of January 1, 2007.
8. ENERGY
31968 L 0414: Council Directive 68 /414/CEE of December 20, 1968, which
obliges the EEC Member States to maintain a minimum level of stocks of
crude oil and / or petroleum products (OJ L 308, 12/23/1968, p. 14), with the
last wording that was given by:
-31998 L 0093: Council Directive 98 /93/CE of 12/14/1998 (OJ L 358
of 12/31/1998, p. 100).
By way of derogation from Article 1 (1) of Directive 68 /414/CEE, the minimum level of
stocks of petroleum products is not applicable in Romania until December 31
of 2011. Romania must ensure that its minimum level of stock of products
petroleum products match, for each of the categories of petroleum products
mentioned in Article 2, at least to the average daily domestic consumption, such as
defined in Article 1 (1) of the following number of days:
-68.75 days until January 1, 2007;
-73 days until December 31, 2007;
-77.25 days until December 31, 2008;
-81.5 days until December 31, 2009;
-85.45 days until December 31, 2010;
-90 days until December 31, 2011.
9. ENVIRONMENT
A. AIR QUALITY
31994 L 0063: Directive 94 /63/CE of the European Parliament and of the Council,
of December 20, 1994 on the monitoring of emissions of organic compounds
volatile (VOCs) resulting from the storage of gasolines and their distribution of the
terminals for the service stations (OJ L 365, 12/31/1994, p. 24), with the wording
that was given to him by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
1. By way of derogation from Article 3 and Annex I of Directive 94 /63/CE, the requirements
relative to existing storage facilities in terminals are not
applicable in Romania:
-up to December 31, 2007 to 115 storage facilities in 12
terminals and up to December 31, 2008 to 4 storage facilities
in a terminal with a cargo flow exceeding 25000 tons / year and
less than or equal to 50000 tons / ano;
-up to December 31, 2007 to 138 storage facilities in 13
terminals, up to December 31, 2008 at 57 storage facilities
in 10 terminals and up to December 31, 2009 in 526 facilities of
storage at 63 terminals with a lower or equal load flow
to 25000 tons / year.
2. By way of derogation from Article 4 and Annex II of Directive 94 /63/CE, the requirements
concerning the loading and unloading of existing mobile reservoirs in terminals not
are applicable in Romania:
-up to December 31, 2007 at 36 loading and unloading facilities in 12
terminals with a load flow of more than 25000 tons / year and lower
or equal to 150000 tons / ano;
-up to December 31, 2007 at 82 loading and unloading facilities in 18
terminals, up to December 31, 2008 at 14 loading and unloading facilities
in 11 terminals and up to December 31, 2009 at 114 loading facilities and
discharge in 58 terminals with a load flow lower than or equal to 25000
tons / year.
3. By way of derogation from Article 5 of Directive 94 /63/CE, the requirements relating to
existing mobile reservoirs in terminals are not applicable in Romania:
-by December 31, 2007 to 31 camia-cisterna;
-by December 31, 2008 to 101 more trucks-cisterna;
-until December 31, 2009 to 432 more cistern cams.
4. By way of derogation from Article 6 and Annex III of Directive 94 /63/CE, the requirements
relative to the load of the existing storage facilities of the stations
service are not applicable in Romania:
-by December 31, 2007 to 116 service stations, until December 31
of 2008 a plus 19 service stations and up to December 31, 2009 a
plus 106 service stations with a flow higher than 1000 m 3 /ano;
-by December 31, 2007 to 49 service stations, until December 31
of 2008 a plus 11 service stations and up to December 31, 2009 a
plus 85 service stations with a flow higher than 500 m 3 /year and lower
or equal to 1000 m 3 /ano;
-by December 31, 2007 to 23 service stations, until December 31
of 2008 a plus 14 service stations and up to December 31, 2009 a
plus 188 service stations with a flow lower than or equal to 500 m to 3 /year.
B. WASTE MANAGEMENT
1. 31993 R 0259: Council Regulation (EEC) No 259/93 of February 1
of 1993, relating to the supervision and control of shipments of waste within, to
entry and exit of the Community (OJ L 30, 2/6/1993, p. 1), with the last wording
that was given to him by:
-32001 R 2557: Commission Regulation (EC) No 2557/2001 of 12/28/2001
(OJ L 349, 12/31/2001, p. 1).
a) Until December 31, 2015, all shipments to Romania of waste
intended for valorisation listed in Annex II to Regulation (EEC)
n. 259/93 shall be notified to the competent authorities and dealt with in the terms
of Articles 6, 7 and 8 of the Regulation.
(b) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the
competent authorities of Romania may, until December 31, 2011,
raising objections to the transfers to Romania, for the purposes of valorisation, of the
waste to be listed below, listed in Annex III, substantiating those
objections in accordance with Article 4 (3) of the Regulation. These transfers
are subject to Article 10 of the Regulation.
AA. WASTE CONTAINING METALS
AA 060 Cinzas and vanadium waste
AA 080 Waste, scrap and thallium wastage
AAA 090 Waste and waste arsenic
AAA 100 Waste and mercury waste
AA 130 Baths arising from the pickling of metals
AB. WASTE CONSISTING MAINLY OF SUBSTANCES
INORGANIC, WHICH MAY CONTAIN METALS AND MATERIALS
ORGANIC
AB 010 Ash and residues not specified or included in other
positions
AB 020 Waste resulting from the incineration of waste
urban/domestic
AB 030 Waste of free cyaneth-free systems from the
treatment of metallic surfaces
AB 040 Waste of glass from cathode tubes and other glazing
activated
AB 050 Lamas of calcium fluoride
AB 060 Other inorganic fluoride compounds, in the form of liquids or
of sludge
AB 080 Catalyst used Catalysts not included in the green list
AB 090 Waste of aluminum hydrates
AB 110 Basic Solutions
AB 120 Halogenated inorganic Composites not specified or
included in other positions
AC. OTHER WASTE CONSISTING MAINLY OF
ORGANIC SUBSTANCES, WHICH MAY CONTAIN METALS AND
INORGANIC MATTER
AC 040 Lamas of petrol with lead
AC AC 050 Thermal fluids (heat transfers)
AC 060 Hydraulic Fluids
AC 070 Fluids of brakes
AC 080 Antifreeze Fluids
AC AC 090 Waste from production, preparation and use of
resins, latex, plasticizers, glues and adhesives
AC 100 Nitrocellulose
AC 110 Fenols, phenolic compounds, including chlorophenols, under the
form of liquids or sludge
AC 120 Naphthalene polychlorinated
AC AC 140 Triethylamine catalysts used in the preparation of the sands
of foundry
AC AC 150 Chlorofluorated Hydrocarbons
AC 160 Halons
AC AC 190 Waste of mechanical destruction of automobiles (light fraction:
peluties, tissues, plastic waste, etc.)
AC AC 200 Organic phosphorus Compounds
AC 210 Solvents not halogenated
AC 220 Solvents halogenated
AC AC 230 Waste of unaqueous distillation, halogenated or not
halogenated, coming from recovery operations of
solvents
AC AC 240 Waste from the production of aliphatic hydrocarbons
halogenates (such as chloromethanes, dichloroethane, chloride of
vinyl, vinylidene chloride, allyl chloride and epichloridrine)
AC 260 Sterco of pig; excrement
AC 270 Lamas of sewage
AD. RESIDUES THAT MAY CONTAIN ORGANIC MATTER OR
INORGANIC
AD 010 Waste from the production and preparation of products
pharmacists
TD AD 020 Waste from production, preparation and use
of biocides and plant protection products
TD AD 030 Waste from the manufacture, preparation and use of
wood preservation chemicals
Waste containing, consisting of or contaminated by one of the
following substances:
AD 040-Inorganic cyanides, with the exception of
waste from precious metals in solid form containing
vestiges of inorganic cyanides
AD 050-Organic cyanides
AD 080 Waste of explosive character not subject to one another
legislation
AD 110 acidic solutions
AD 120 Ionic permute Resins
AD 130 Photographic apparatus disposable after use, with batteries
AD 140 Waste from industrial sewage disposal plants
gaseous effluents not specified or included in other
positions
AD 150 Organic natural occurrence materials used as means
filtrants (such as biofilters)
AD 160 Urban / domestic waste
AD 170 Charcoal activated used with hazardous characteristics coming
of the organic and inorganic chemicals industries and the
pharmaceutical industry, from the treatment of waste water, of the
air / gas cleaning processes and analogous applications
This period may be extended until December 31, 2015 at the latest, in the
terms of Article 18 of Council Directive 75 /442/CEE of July 15
of 1975, concerning waste 1 , as the wording was given by the
Directive 91 /156/CEE 2 .
c) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the
competent authorities of Romania may, until December 31, 2011,
raising objections to the transfers to Romania of waste destined for
valorisation listed in Annex IV of the Regulation and the transfers of
waste destined for valorisation not listed in the Annexes to the Regulation,
substantiating such objections in accordance with Article 4 (3) of the Regulation.
This period may be extended until December 31, 2015 at the latest, in the
terms of Article 18 of Council Directive 75 /442/CEE of July 15
of 1975, concerning waste 3 , as the wording was given by the
Directive 91 /156/CEE 4 .
d) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the
competent authorities in Romania may raise objections to the transfers
of residues intended for valorisation listed in Annexes II, III and IV of the
regulation and shipments of waste destined for valorisation do not
listed in these Annexes for an installation that benefits from a derogation
1 OJ L 194, 7/25/1975, p. 39. Directive with the last wording given by the
Regulation (EC) No 1882/2003 (OJ L 284, 10/31/2003, p. 1). 2 OJ L 78, 3/26/1991, p. 32.
3 OJ L 194, 7/25/1975, p. 39. Directive with the last wording given by the
Regulation (EC) No 1882/2003 (OJ L 284, 10/31/2003, p. 1). 4 OJ L 78, 3/26/1991, p. 32.
temporary in relation to certain provisions of Directive 96 /61/CE of the
Council, of September 24, 1996, on integrated prevention and control
from pollution 1 , of Directive 2000 /76/CE of the European Parliament and of the Council,
of December 4, 2000, concerning the incineration of waste 2 or from the
Directive 2001 /80/CE of the European Parliament and of the Council of October 23
of 2001, concerning the limitation of emissions to the atmosphere of certain pollutants
coming from large combustion plants 3 , during the period of
application of the temporary derogation to the target facility.
2. 31994 L 0062: Directive 94 /62/CE of the European Parliament and of the Council,
of December 20, 1994, concerning packaging and packaging waste (OJ L 365
of 12/31/1994, p. 10), with the last wording given by:
-32004 L 0012: Directive 2004 /12/CE of the European Parliament and of the Council,
of 2/11/2004 (OJ L 47, 2/18/2004, p. 26).
a) By way of derogation from point (a) of Article 6 (1) of Directive 94 /62/CE, the
Romania must reach the global rate of valorisation or incineration in facilities
of incineration of waste with energy recovery by December 31
of 2011, in accordance with the following intermediate objectives:
-32% in weight up to December 31, 2006, 34% in 2007, 40% in 2008,
45% in 2009 and 48% in 2010.
b) By way of derogation from point (b) of Article 6 (1) of Directive 94 /62/CE, the
Romania must reach the global rate of valorisation or incineration in facilities
of incineration of waste with energy recovery by December 31
of 2013, in accordance with the following intermediate objectives:
1 OJ L 257, 10/10/1996, p. 26. Directive with the last wording given by the
Regulation (EC) No 1882/2003 of the European Parliament and the Council (OJ L 284
of 10/31/2003, p. 1). 2 OJ L 332, 12/28/2000, p. 91.
3 OJ L 309, 11/27/2001, p. 1. Directive with the last wording given by the Act
of Accession of 2003 (OJ L 236, 9/23/2003, p. 33).
-53% in weight in 2011 and 57% in 2012.
c) By way of derogation from point (c) of Article 6 (1) of Directive 94 /62/CE, the
Romania must achieve the recycling target for plastics
by December 31, 2011, in accordance with the following intermediate objectives:
-8% in weight up to December 31, 2006, 10% in 2007, 11% in 2008,
12% in 2009 and 14% in 2010.
d) By way of derogation from point (d) of Article 6 (1) of Directive 94 /62/CE, the
Romania to meet the global recycling target by December 31
of 2013, in accordance with the following intermediate objectives:
-26% in weight up to December 31, 2006, 28% in 2007, 33% in 2008,
38% in 2009, 42% in 2010, 46% in 2011 and 50% in 2012.
e) By way of derogation from point (e) (i)) of Article 6 (1) of Directive 94 /62/CE, the
Romania to achieve recycling target for glass by December 31
of 2013, in accordance with the following intermediate objectives:
-21% in weight up to December 31, 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 Article 6 (1) of the Directive 94 /62/CE, the
Romania should achieve the recycling target for plastics by counting
exclusively the material that is recycled in the form of plastics,
by December 31, 2013, in accordance with the following intermediate objectives:
-16% in weight in 2011 and 18% in 2012.
g) By way of derogation from point (e) (v) of Article 6 (1) of Directive 94 /62/CE, the
Romania must achieve the recycling target for wood
by December 31, 2011, in accordance with the following intermediate objectives:
-4% in weight up to December 31, 2006, 5% in 2007, 7% in 2008, 9%
in 2009 and 12% in 2010.
3. 31999 L 0031: Council Directive 1999 /31/CE of April 26, 1999,
on the deposition of waste in landfillages (OJ L 182, 7/16/1999, p. 1), with the
wording that was given to it by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
a) By way of derogation from Article 14 (c) and sections 2, 3, 4 and 6 of Annex I to
Directive 1999 /31/CE, and without prejudice to Council Directive 75 /442/CEE,
of July 15, 1975, concerning waste 1 , and of the Directive 91 /689/CEE of the
Council, of December 12, 1991, on hazardous waste 2 , the
requirements for water monitoring and leaching management, protection of the
soil and water, control of gases and stability shall not be applicable to 101 landfill
urban existing in Romania until July 16, 2017.
Romania must ensure a gradual reduction of deposited waste
in these 101 existing urban landfilings non-compliant according to the following
maximum annual quantities:
-until December 31, 2006: 3470000 tonnes;
-until December 31, 2007: 3240000 tonnes;
-until December 31, 2008: 2920000 tonnes;
-until December 31, 2009: 2920000 tonnes;
-until December 31, 2010: 2900000 tonnes;
-until December 31, 2011: 2740000 tonnes;
-until December 31, 2012: 2460000 tonnes;
-until December 31, 2013: 2200000 tonnes;
1 OJ L 194, 7/25/1975, p. 39. Directive with the wording that was given to it by the
Directive 91 /156/CEE and with the last wording given to it by Regulation (EC)
n ° 1882/2003 (OJ L 284, 10/31/2003, p. 1). 2 OJ L 377, 12/31/1991, p. 20. Directive with the last wording that was given by the
Directive 94 /31/CE (OJ L 168, 7/2/1994, p. 28).
-until December 31, 2014: 1580000 tonnes;
-until December 31, 2015: 1420000 tonnes;
-until December 31, 2016: 1210000 tons.
(b) by way of derogation from points (a) and (b) of Article 5 (3) and the second indent of the
point 2 of Annex I to Directive 1999 /31/CE and without prejudice to (c) (ii) of the
article 6 of that Directive and of Directive 75 /442/CEE, the applicable requirements
to liquid, corrosive and oxidizing waste in the prevention of the
infiltration of surface water into the deposited waste is not applicable in the
Romania to the 23 existing facilities listed below to the date indicated for
each installation:
Until December 31, 2007:
1. S.C. BEGA UPSOM Ocna Mureş, Ocna Mureş, Alba district
Until December 31, 2008:
2. S.C. THERMOELECTRICA SA-SE Doiceşti, Doiceşti, District of Dâmboviţa
3. S.C. COMPLEXUL ENERGETIC ROVINARI SA, Cicani-Beterega, District of
Gorj
4. RAAN Drobeta-Turnu Severin-Branch ROMAG-TERM, Drobeta-
Turnu Severin, district of Mehedinţi
Until December 31, 2009:
5. COMPLEXUL ENERGETIC CRAIOVA-SE Craiova, Valea Mănăstirii,
district of Dolj
6. COMPLEXUL ENERGETIC CRAIOVA-SE Işalniţa, Işalniţa II, district
from Dolj
7. COMPLEXUL ENERGETIC CRAIOVA-SE Işalniţa, Işalniţa I, District of
Dolj
8. S.C. ELECTROCENTRALE DEVA SA-SE Paroşeni, Căprişoara, district
of Hunedoara
9. S.C. TERMICA SA Succeeded, Succeeded, Dsitrito of Suceava
Until December 31, 2010:
10. S.C. ELECTROCENTRALE DEVA SA, Bejan, Hunedoara district
11. S.C. ALUM Tulcea, Tulcea, District of Tulcea
Until December 31, 2011:
12. S.C. UZINA TERMOELECTRICĂ GIURGIU SA, Giurgiu, District of Giurgiu
Until December 31, 2012:
13. CET Bacău, Furnicari-Bacău, Bacău
14. S.C. COMPLEXUL ENERGETIC TURCENI, Valea Ceplea, Gorj district
15. S.C. COMPLEXUL ENERGETIC TURCENI, Valea Ceplea, Gorj district
16. S.C. UZINELE SODICE Govora, Govora, District of Vâlcea
17. S.C. CET Govora SA, Govora, District of Vâlcea
Until December 31, 2013:
18. S.C. CET Arad, Arad, district of Arad
19. S.C. ELECTROCENTRALE ORADEA SA, Sântaul Mic, Bihor district
20. S.C. ELECTROCENTRALE ORADEA SA, Sântaul Mic, Bihor district
21. S.C. ELECTROCENTRALE ORADEA SA, Sântaul Mic, Bihor district
22. CET II Iaşi, Holboca, district of Iaşi
23. S.C. Uzina Electrică Zalău, Hereclean-Panic, Sălaj district
Romania should ensure a gradual reduction of the net waste deposited
in these 23 existing non-compliant facilities in accordance with the following
maximum annual quantities:
-until December 31, 2006: 11286000 tonnes;
-until December 31, 2007: 11286000 tonnes;
-until December 31, 2008: 11120000 tonnes;
-until December 31, 2009: 7753000 tonnes;
-until December 31, 2010: 4803000 tonnes;
-until December 31, 2011: 3492000 tonnes;
-until December 31, 2012: 3478000 tonnes;
-until December 31, 2013: 520000 tons.
c) By way of derogation from points (a) and (b) of Article 5 (3) and the second indent of the
point 2 of Annex I to Directive 1999 /31/CE and without prejudice to (c) ii)
of that directive and of Directive 75 /442/CEE, the requirements for waste
liquids, corrosive and oxidants in the prevention of water infiltration
superficial in the deposited waste is not applicable in Romania to the 5 basins
existing listed up to the date indicated for each basin:
Until December 31, 2009:
1. Border IŢA Ştei, Fânaţe, Bihor district
Until December 31, 2010:
2. TRANSGOLD Baia Mare, Aurul-Recea, District of Maramureş
3. MINBUCOVINA Vatra Dornei, Ostra-Valea Straja, Suceava district
Until December 31, 2011:
4. CUPRUMIN Abrud, Valea Şesei, Alba district
5. CUPRUMIN Abrud, Valea Ştefancei, district of Alba.
Romania should ensure a gradual reduction of the net waste deposited
in these 5 existing basins non-compliant according to the following quantities
annual highs:
-until December 31, 2006: 6370000 tonnes;
-up to December 31, 2007: 5920000 tons (of which 2100000
tons of hazardous waste and 3820000 tons of waste no
dangerous);
-up to December 31, 2008: 4720000 tons (of which 2100000
tons of hazardous waste and 2620000 tons of waste no
dangerous);
-up to December 31, 2009: 4720000 tons (of which 2100000
tons of hazardous waste and 2620000 tons of waste no
dangerous);
-up to December 31, 2010: 4640000 tons (of which 2100000
tons of hazardous waste and 2540000 tons of waste no
dangerous);
-until December 31, 2011: 2470000 tonnes (all from waste no
dangerous).
d) By way of derogation from the second indent of Article 2 (g) of the
Directive 1999 /31/CE and without prejudice to Directive 75 /442/CEE and of the
Directive 91 /689/CEE, the permanent installations used for storage
temporary waste of hazardous waste produced in Romania is not considered
landfilts in Romania until December 31, 2009.
Romania shall submit to the Commission, by June 30 of each year, to
of June 30, 2007, a report on the gradual implementation of the Directive and the
compliance with these intermediate objectives.
4. 32002 L 0096: Directive 2002/96/CE of the European Parliament and of the Council,
of January 27, 2003 on waste electrical equipment and
electronic (WEEE) (OJ L 37, 2/13/2003, p. 24), amended by:
-32003 L 0108: Directive 2003 /108/CE of the European Parliament and of the Council,
of 12/8/2003 (OJ L 345, 12/31/2003, p. 106).
By way of derogation from Article 5 (5) and Article 7 (2) of the Directive 2002/96/CE, the
Romania shall achieve the minimum separate collection rate of four kilograms in
average, per capita and per year, of REEE coming from private individuals, the rate of
valorisation and the rate of reuse and recycling of components, materials and
substances until December 31, 2008.
C. QUALITY OF WATER
1. 31983 L 0513: Council Directive 83 /513/CEE of September 26, 1983,
on limit values and quality targets for discharges of cadmium
(OJ L 291, 10/24/1983, p. 1), as amended by:
-31991 L 0692: Council Directive 91 /692/CEE of 12/23/1991 (OJ L 377
of 12/31/1991, p. 48);
-31984 L 0156: Council Directive 84 /156/CEE of March 8, 1984,
on the limit values and quality objectives for discharges of
mercury from sectors other than that of the electrolysis of alkali chlorides (OJ L 74
of 3/17/1984, p. 49), as amended by:
-31991 L 0692: Council Directive 91 /692/CEE of 12/23/1991 (OJ L 377
of 12/31/1991, p. 48).
By way of derogation from Article 3 and Annex I of Directive 83 /513/CEE and of Article 3 and of the
Annex I to Directive 84 /156/CEE, the limit values for discharges of cadmium and of
mercury in the waters referred to in Article 1 of Directive 76 /464/CEE of the Council,
of May 4, 1976, concerning pollution caused by certain substances
dangerous launched in the aquatic environment of the Community 1 , they are not applicable in Romania,
by December 31, 2009, at the following industrial facilities:
ARIEŞMIN SA Baia de Arieş-Valea Sărtaş-Baia de Arieş-Alba district
ARIEŞMIN SA Baia de Arieş-Baia de Arieş-Alba district
IN TURUR-Turdistrict-district of Satu Mare
SM BAIA BORŞA-evacuare ape of mină Gura Băii -Borşa-district of Maramureş
SM BAIA BORŞA-evacuare ape of mină Burloaia-Borşa-district of Maramureş
SM BAIA BORŞA-evacuare Colbu-Toroioaga-Borşa-district of Maramureş
IN BAIA SPRIE-Baia Sprie-district of Maramureş
IN CAVNIC-Cavnic-district of Maramureş
IN Bİ IUure-Băiumeric-district of Maramureş
S.C. Romplumb SA BAIA MARE-evacuare în canal de.transport-Baia Mare-district
from Maramureş
BRANCH MINIERĂ BAIA MARE-flotaţie centrală-Baia Mare-district of
Maramureş
1 OJ L 129, 5/18/1976, p. 23. Directive with the last wording that was given by the
Directive 2000 /60/CE of the European Parliament and the Council (OJ L 327, 12/22/2000,
p. 1).
SM BAIA BORŞA-evacuare ape flotaţie-Borşa-district of Maramureş
Romarm Tohan Zărneşti-Zărneşti-district of Braşov
S.C. Viromet SA Victoria-Victoria-Braşov
S.C. Electrocarbon SA Slatina-R 1-Slatin-Olt district
S.C. Electrocarbon SA Slatina-R 2-Slatin-Olt district
S.C. Electrocarbon SA Slatina-R 3-Slatin-Olt district
S.C. Electrocarbon SA Slatina-R 4-Slatin-Olt district
S.C. Electrocarbon SA Slatina-R 5-Slatin-Olt district
S.C. Electrocarbon SA Slatina-R 6-Slatin-Olt district
S.C. Electrocarbon SA Slatina-R 7-Slatin-Olt district
S.C. GECSAT Târnăveni-Târnăveni-district of Mureş
SGDP BAIA BORŞA-Borşa-district of Maramureş
SPGC SEINI-Seini-district of Maramureş
S.C. VITAL BAIA MARE-evacuare staţie-Baia Mare-district of Maramureş
S.C. IMI SA BAIA MARE-evacuare staţie mina Ilba-Baia Mare-district of
Maramureş
S.C. WEST CONSTRUCT MINA SOCEA-Valea Socea-District of Maramureş
2. 31984 L 0491: Council Directive 84 /491/CEE of October 9, 1984,
on the limit values and quality objectives for discharges of
hexaclorocyclohexane (OJ L 274, 10/17/1984, p. 11), as amended to be given
by:
-31991 L 0692: Council Directive 91 /692/CEE of 12/23/1991 (OJ L 377
of 12/31/1991, p. 48).
By way of derogation from Article 3 and Annex I of Directive 84 /491/CEE, the limit values
for discharges of lindane in the waters referred to in Article 1 of Directive 76 /464/CEE,
of May 4, 1976, concerning pollution caused by certain substances
dangerous launched in the aquatic environment of the Community 1 , they are not applicable in Romania,
by December 31, 2009, at the following industrial facilities:
1 OJ L 129, 5/18/1976, p. 23. Directive with the last wording that was given by the
Directive 2000 /60/CE of the European Parliament and of the Council (OJ L 327, 12/22/2000,
p. 1).
S.C. Sinteza SA Oradea-Oradea-district of Bihor
S.C. OLTCHIM SA Râmnicu Vâlcea-Râmnicu-Vâlcea-district of Vâlcea
S.C. CHIMCOMPLEX SA Borzeşti-Borzeşti -de Bacău county
3. 31986 L 0280: Council Directive 86 /280/CEE of June 12, 1986,
on limit values and quality objectives for discharges of certain
hazardous substances included in Schedule I to the Annex to Directive 76 /464/CEE (OJ L 181
of 7/4/1986, p. 16), with the last wording given by:
-31991 L 0692: Council Directive 91 /692/CEE of 12/23/1991 (OJ L 377
of 12/31/1991, p. 48).
By way of derogation from Article 3 and Annex II of Directive 86 /280/CEE, the limit values
for the discharges of hexaclorobenzene, hexachlorobutadiene, 1.2-dichloroethane,
trichloroethylene and trichlorobenzene in the waters referred to in Article 1 of the
Council Directive 76 /464/CEE of May 4, 1976 on pollution caused
by certain hazardous substances launched in the aquatic environment of the Community 1 ,
are not applicable in Romania, until December 31, 2009, at the following facilities
industrial:
S.C. NUTRISAM SATU MARE-Ferma MOFTIN-Satu Mare-district of Satu Mare
S.C. MARLIN SA ULMENI-Ulmeni-district of Maramureş
S.C. PROMET-Satu Mare-district of Maramureş
ARDUDANA ARDUD-Ardud-district of Maramureş
SM BAIA BORŞA-evacuare ape of mină Gura Băii-Borşa-district of Maramureş
SM BAIA BORŞA-evacuare Colbu-Toroioaga-Borşa-district of Maramureş
ERS CUG CLUJ-evacuare 3-Cluj -Napoca-Cluj district
S.C. ARMĂTURA CLUJ-6 evacuări directe -Cluj-Napoca-Cluj district
BRANCH MINIERĂ BAIA MARE-flotaţie centrală-Baia Mare-district of
Maramureş
S.C. OLTCHIM SA-Râmnicu Vâlcea-district of Vâlcea
1 OJ L 129, 5/18/1976, p. 23. Directive with the last wording that was given by the
Directive 2000 /60/CE of the European Parliament and of the Council (OJ L 327, 12/22/2000,
p. 1).
S.C. CHIMCOMPLEX SA Borzeşti-M 1-Borzeşti-district of Bacău
S.C. Electrocarbon SA Slatina-R 2-Slatin-Olt district
S.C. THERAPY CLUJ-evacuare staţie 3 + staţie 2-Cluj -Napoca-Cluj district
S.C. PHOENIX ROMANIA CAREI-Carei-district of Satu Mare
S.C. SILVANIA ZALĂU-Zalău-district of Sălaj
SNP PETROM SA-ARPECHIM Piteşti-Piteşti-Argeş district
S.C. TEHNOFRIG CLUJ-evacuare 1-Cluj -Napoca-Cluj district
RBG ELCOND ZALCOMU-Zalău-Sălaj district
S.C. MUCART CLUJ-Cluj -Napoca-Cluj district
S.C. CELHART DONARIS SA Brăila-Brăila-district Brăila
STRATUS MOB SA Blaj-Blaj-Alba district
4. 31991 L 0271: Council Directive 91 /271/CEE of May 21, 1991,
on the treatment of urban waste water (OJ L 135, 5/30/1991, p. 40), with the
last wording that was given by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
By way of derogation from Articles 3 and 4 and Article 5 (2) of Directive 91 /271/CEE, the
requirements for collectors systems and treatment of urban waste water
are not fully applicable in Romania until December 31, 2018, according to
the following intermediate objectives:
-by December 31, 2013, compliance with Article 3 shall be achieved.
directive in agglomerations with a population equivalent of more than 10000;
-by December 31, 2015, compliance with paragraph 2 shall be achieved.
article 5 of the Directive in agglomerations with an equivalent of higher population
at 10000.
Romania should ensure a gradual increase in the manifold systems provided for in the
article 3 in accordance with the following minimum rates of the total population equivalent:
-61% until December 31, 2010,
-69% until December 31, 2013,
-80% until December 31, 2015.
Romania should ensure a gradual increase in water treatment plants
waste provided for in Article 4 and in Article 5 (2) according to the following fees
lows of the total population equivalent:
-51% until December 31, 2010,
-61% until December 31, 2013,
-77% until December 31, 2015.
5. 31998 L 0083: Council Directive 98 /83/CE of November 3, 1998,
on the quality of water intended for human consumption (OJ L 330, 12/5/1998,
p. 32), with the wording that was given by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
By way of derogation from Article 5 (2), of Article 8 and of Parts B and C of Annex I of the
Directive 98 /83/CE, the values set for the following parameters are not fully
applicable to Romania under the conditions set out below:
-until December 31, 2010 for the oxidability in agglomerations between 10000
and 100000 inhabitants;
-until December 31, 2010 for oxidability and turvation in agglomerations
between 10000 and 100000 inhabitants;
-until December 31, 2010 for the oxidability, ammonium, aluminium, the
pesticides; iron and manganese in agglomerations with more than 100000 inhabitants;
-until December 31, 2015 for ammonium, nitrates, turvation, aluminium, the
iron, lead, cadmium and pesticides in agglomerations with less than 10000
inhabitants;
-until December 31, 2015 for ammonium, nitrates, aluminium, iron, the
lead, cadmium, pesticides and manganese in agglomerations between 10000
and 100000 inhabitants.
Romania must ensure compliance with the requirements of the Directive in accordance with
the intermediate objectives shown in the table below:
Localities complying until December 31, 2006
Population
the bound
Total of
localida
des
Oxidabilid
ade
%
Ammonium
%
Nitrate
s
%
Turvaç
on
%
Aluminium
%
Iron
%
Cadmium,
Lead
%
Pesticides
%
Manganê
s
%
<10000 1774 98.4 99 95.3 99.3 99.2 99.9 99.9 100 100
10000-
100000
111 73 59.5 93.7 87 83.8 98.2 93.4 96.4 96.4
100001-
200000
14 85.7 92.9 100100 92.9 100100 78.6 92.9
> 200000 9 77.8 100100100 88.9 100 88.9 88.9 88.9
TOTAL 1908 96.7 96.7 95.2 98.64 98.64 99.8 99.4 99.7 99.7
Localities complying until the end of 2010
Population
the bound
Total of
localida
des
Oxidabilid
ade
%
Ammonium
%
Nitrate
s
%
Turvaç
on
%
Aluminium
%
Iron
%
Cadmium,
Lead
%
Pesticides
%
Manganê
s
%
<10000 1774100 99.5 97.7 99.7 99.7 99.9 99.9 100 100
10000-
100000
111100 80.2 97.3 100 94.6 90 98.2 96.4 96.4
100001-
200000
14100100100100100100100100100
> 200000 to 9100100100100100100100100100
TOTAL 1908 100 98.32 97.7 99.7 99.4 99.8 99.7 99.7 99.7
This derogation is not applicable to drinking water intended for food processing.
D. INDUSTRIAL POLLUTION AND RISK MANAGEMENT
1. 31996 L 0061: Council Directive 96 /61/CE of September 24, 1996,
on the integrated prevention and control of pollution (OJ L 257, 10/10/1996, p. 26),
with the last wording given by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
By way of derogation from Article 5 (1) of Directive 96 /61/CE, the requirements in respect of
granting of licences to existing facilities are not applicable in Romania, to date
indicated for each installation, the facilities listed below, as far as the
obligation to exploit such facilities in accordance with emission limit values,
parameters or equivalent technical measures based on the best techniques
available, pursuant to Article 9 (3) and (4):
Until December 31, 2008:
1. S.C. CARBID FOX SA Târnăveni (main activity 4.2)
2. S.C. AVICOLA SA Ferma Gârleni-Bacău (main activity 6.6 a))
3. S.C. EXPERT 2001 IMPEX SRLBistriţa-Năsăud (main activity 6.6)
Until December 31, 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 Neammunicipalities (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-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 (activity
main 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-Ialomiţa (activity
main 6.6 a)
Until December 31, 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 (activity
main 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-Neammunicipalities (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-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 Maré-Maramureş (main activity 2.5)
Until December 31, 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 Romania SA Argeş (main activity 3.1)
53. S.C. RESIAL SA Alba (main activity 3.5)
54. SOCIETATEA NATIONALĂ A PETROLULUI PETROM SA Branch
Craiova, Combinatul Doljchim-Dolj (main activities 4.2, 4.1)
55. S.C. USG SA Vâlcea (main activity 4.2 d))
56. S.C. ULTEX SA's Border ăndărei-Ialomiţa (main activity 6.4 b))
57. S.C. CARMOLIMP SRL Viştea from 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 (activity
main 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 (activity
main 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 Oltenite Olteniţa -Călăraşi (main activity 6.6 b))
71. S.C. PIGALEX SA Alexandria-Teleorman (main activity 6.6 b))
72. S.C. PIC ROMANIA SRL Vasilaţi -Călăraşi (main activity 6.6 c))
73. S.C. SUINTEST SAFierbinţi -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 December 31, 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 (activity
main 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 SA Deva, Exploatarea minieră
Deva-Hunedoara (main activity 2.5)
84. S.C. MONDIAL SA Lugoj-Timiş (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 Neamsters (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. TABACO-CAMPOFRIO SA Tulcea (main activity 6.4 a)
91. S.C. AVICOLA SA Slobozia Ferma Ion Ghica-Ialomiţa (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-Timiş (main activity 6.6
b)
97. S.C. COMTIM GROUP SRL Ferma Periam-Timiş (main activity 6.6 b)
98. S.C. COMTIM GROUP SRL Ferma Ciacova-Timiş (main activity 6.6 b)
99. S.C. AVICOLA LUMINA SA-Constanţa (main activity 6.6 a)
Until December 31, 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 Succeeding SA-Succeeded (main activity 6.1 a, b)
110. S.C. ROMSUIN TEST Periş SA-Ilfov (main activity 6.6 a)
111. S.C. NUTRICOD Codlea Branch Stroom Tu Gheorghe-Covasna (activity
main 6.6 b)
112. S.C. HADITON GRUP SRL Argeş (main activity 6.6 a)
Until December 31, 2014:
113. S.C. PETROM SA Rafinăria PETROBRAZI-Prahova (activity 1.2)
114. S.C. RAFINAN RIA ASTRA ROMANĂ 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 May 1 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-Braşov (main activity 3.1)
139. S.C. MELANA IV SA Neambudgets (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-Neamples (main activity 4.2)
144. S.C. UZINA DE PRODUSE SPECIALE Făgăraş SA Braşov (activity
main 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 Neammunicipalities (main activity 6.4 b)
153. S.C. ZAHĞRUL Romanesc SA's SA's ăndărei -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 (activity
main 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 (activity
main 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 (activity
main 6.6 a)
166. S.C. OLTCHIM SA Râmnicu Vâlcea Ferma Băbeni Mihăieşti-Vâlcea (activity
main 6.6 a)
167. S.C. OLTCHIM SA Râmnicu Vâlcea Ferma 2 Frănceşti -Vâlcea (activity
main 6.6 a)
168. S.C. OLTCHIM SA Râmnicu Vâlcea Ferma Băbeni-Vâlcea (activity
main 6.6 a)
169. S.C. AVICOLA Bucureşti SA Sucursala Cluj-Sălişte-Cluj (activity
main 6.6 a)
170. S.C. AVICOLA Bucureşti SA Sucursala CSHD Codlea-Braşov (activity
main 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-Dâmboviţa
(main activity 6.6 a)
175. S.C. EUROPIG SA Poiana Mărului-Braşov (main activity 6.6 b)
176. S.C. SUINPROD SA Leaders-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 December 31, 2015:
182. S.C. RAFINAN RIA STEAUA ROMANTIC SA Clamp-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 Neammunicipalities (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-Braşov (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 Neameland (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-Braşov (main activity 6.5)
195. S.C. PROTAN SA-Cluj (main activity 6.5)
Prior to October 30, 2007, fully coordinated licences should be issued
for these facilities, with individually binding calendars for achieving
of full compliance. Such licences shall ensure, by October 30, 2007, the
compliance with the general principles of the fundamental obligations of operators
set out in Article 3 of the Directive.
2. 32000 L 0076: Directive 2000 /76/CE of the European Parliament and of the Council,
of December 4, 2000 on the incineration of waste (OJ L 332, 12/28/2000,
p. 91).
By way of derogation from Article 6 (1) of Article 7 and Article 11 of the Article
Directive 2000 /76/CE, the emission limit values and the requirements of the measurements do not
are applicable in Romania until December 31, 2007 to 52 waste incinerators
doctors and until December 31, 2008 to 58 medical waste incinerators.
Romania shall submit to the Commission, by the end of the first quarter of each year,
as of March 30, 2007, a report on the closure of the facilities of
thermal treatment of non-compliant hazardous waste and on the quantities of
medical waste treated in the previous year.
3. 32001 L 0080: Directive 2001 /80/CE of the European Parliament and of the Council,
of October 23, 2001, concerning the limitation of emissions to the atmosphere of certain
pollutants from large combustion plants (OJ L 309, 11/27/2001,
p. 1), 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
a) By way of derogation from Article 4 (3) and Part A of Annexes III and IV of the
Directive 2001 /80/CE, the emission limit values for sulphur dioxide no
are applicable in Romania to the following facilities up to the date indicated for each
installation:
Until December 31, 2008:
S.C. ELECTROCENTRALE DEVA SA No 1, 4 electric boilers x 264 MWth
Until December 31, 2009:
S.C. THERMOELECTRICA SE DOICEŞTI No 1, 1 steam boiler x 470 MWth
Until December 31, 2010:
S.C. COMPLEXUL ENERGETIC CRAIOVA S.E. CRAIOVA II-1, 2 broilers
x 396.5 MWth
S.C. COMPLEXUL ENERGETIC TURCENI SA No 2, 2 electric boilers x 789
MWth
S.C. COMPLEXUL ENERGETIC TURCENI SA No 3, 2 electric boilers x 789
MWth
S.C. THERMOELECTRICA SE PAROŞENI No 2, 1 steam boiler Benson x 467
MWth + 1 hot water boiler x 120 MWth
RAAN, BRANCH ROMAG TERM No 2, 3 caldeiras x 330 MWth
S.C. COLTERM SA No 7, 1 hot water boiler x 116 MWth
Until December 31, 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
S. C THERMOELECTRICA GIURGIU No 1, 3 energetic steam boilers x 285
MWth
S.C. ELECTROCENTRALE DEVA SA No 2, 4 electric boilers x 264 MWth
S.C. PETROTEL-LUKOIL SA No 1, 2 DAV3 + HPM 1 x 45 MWth + 14.7 MWth
+ 11.4 MWth
S.C. PETROTEL-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 December 31, 2012:
CET BACAU BACĂU No 1, 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 broilers x 473
MWth
Until December 31, 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. THERMOELECTRICA SA, BRANCHES ELECTROCENTRALE BRĂILA, 6
steam boilers x 264 MWth
S.C. CET BRAŞOV SA No 1, 2 caldeiras 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 S. A No 3, 4 electric boilers x 264 MWth
S.C. C.E.T. IAŞI II II, 2 steam boilers x 305 MWth
S.C. UZINA ELECTRICĂ ZALĂU No 1, 4 industrial steam boilers x 85.4
MWth
S.C. THERMICA S. A SUCCEEDING 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 broilers x 285 MWth
During this transitional period, emissions of sulphur dioxide from
all combustion plants that comply with the provisions of Directive 2001 /80/CE
should not exceed the following intermediate maximum limits:
Up to 2007: 540000 tonnes of SO2 / year;
Up to 2008: 530000 tonnes of SO2 / year;
Up to 2010: 336000 tonnes of SO2 / year;
Up to 2013: 148000 tons of SO2 / year.
b) By way of derogation from Article 4 (3) and Part A of Annex VI of the
Directive 2001 /80/CE, the emission limit values for nitrogen oxide are not
applicable in Romania to the following facilities up to the date indicated for each
installation:
Until December 31, 2008:
S.C. ARPECHIM PITEŞTI No 2, 1 boiler BW x 81 MWth
S.C. ARPECHIM PITEŞTI No 3, 4 caldeiras x 81 MWth
PRODITERM BISTRIŢA, 2 hot water boilers x 116 MWth + 2 broilers a
steam x 69 MWth
S.C. C.E.T. BRAŞOV, N. ° 1, 2 boilers x 337 MWth
REGIA AUTONOMĂ DE TERMOFICARE CLUJ, 2 hot water boilers
x 116 MWth
S.C. THERMOELECTRICA GIURGIU No 1, 3 energy steam boilers x 285
MWth
S.C. THERMOELECTRICA GIURGIU No 2, 2 industrial steam boilers x 72
MWth
S.C. ELECTROCENTRALE DEVA S. A No 1, 4 electric boilers x 264 MWth
S.C. COLTERM SA No 2, 1 hot water boiler x 58.1 MWth
Until December 31, 2009:
CET ARAD No 1, 1 steam boiler CR 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 broilers
x 396.5 MWth
S.C. CET IAŞI No 2, 2 steam boilers x 283 MWth
S.C. UZINA ELECTRICĂ ZALĂU No 3, 1 steam boiler x 72.3 MWth
Until December 31, 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 broilers x 110 MWth
CET ENERGOTERM SA REŞIŢA No 1, 2 broilers x 45.94 MWth
S.C. UZINA THERMOELECTRICĂ MIDIA No 2, 1 boiler x 73 MWth
S.C. UZINA THERMOELECTRICĂ MIDIA No 3, 1 boiler x 73 MWth
S.C. UZINA THERMOELECTRICĂ MIDIA No 4, 1 boiler x 73 MWth
S.C. THERMOELECTRICA SE DOICEŞTI No 1, 1 steam boiler Benson x 470
MWth
S.C. ELECTROCENTRALE GALAŢI No 3, 3 electric boilers x 293 MWth
S.C. THERMOELECTRICA SE PAROŞENI No 2, 1 steam boiler x 467 MWth
+ 1 hot water boiler x 120 MWth
S.C. CET IAŞI No 1, 3 steam boilers x 94 MWth
S.C. THERMICA SA SUCCEEDED 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 caldeiras x 18.5 MWth
S.C. ENET SA No 2, 1 hot water boiler x 58 MWth
Until December 31, 2011:
CET ARAD No 2, 2 industrial steam boilers + 1 boiler x 80 MWth
S.C. TERMON SA ONEŞTI, 3 caldeiras x 380 MWth
S.C. CET SA No 1 BRIA ILA, 2 broilers 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 IF PALAS No 1, 1 hot water boiler x 116
MWth
S.C. COMPLEXUL ENERGETIC CRAIOVA SE IŞALNIŢA, 4 broilers x 473
MWth
S.C. ELECTROCENTRALE DEVA SA No 2, 4 electric boilers x 264 MWth
S.C. CET IAŞI No 3, 4 hot water boilers x 116 MWth
RAAN, BRANCH ROMAG TERM No 1, 3 caldeiras x 330 MWth
RAAN, BRANCH ROMAG TERM No 2, 3 caldeiras x 330 MWth
S.C. ROMPETROL SA BUCUREŞTI VEGA PLOIEŞTI, 3 steam boilers
technological x 24.75 MWth
S.C. PETROTEL-LUKOIL SA No 1, 2 DAV3 + HPM, 1 x 45 MWth + 14.7 MWth
+ 11.4 MWth
S.C. PETROTEL-LUKOIL SA No 2, 3 technological steam boilers x 105.5
MWth
S.C. UZINA ELECTRICĂ ZALĂU 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 December 31, 2012:
CET ENERGOTERM SA REŞIŢA No 3, 1 hot water boiler x 116 MWth
S.C. ELCEN BUCUREŞTI IF 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 December 31, 2013:
S.C. THERMOELECTRICA SA, BRANCHES 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 IF PALAS No 3, 1 hot water boiler x 116
MWth
S.C. ELECTROCENTRALE GALAŢI No 2, 2 electric boilers x 293 MWth
S.C. ELECTROCENTRALE DEVA SA No 3, 4 electric 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 broilers x 285 MWth
S.C. ENET SA VRANCEA No 3, 1 hot water boiler x 116.3 MWth
During this transitional period, emissions of nitrogen oxide from
all combustion plants that comply with the provisions of the
Directive 2001 /80/CE shall not exceed the following maximum limits
intermediate:
Up to 2007: 128000 tons / year
Up to 2008: 125000 tons / year
Up to 2010: 114000 tons / year
Up to 2013: 112000 tons / year
c) By way of derogation from Article 4 (3) and Part A of Annex VII of the
Directive 2001 /80/CE, the emission limit values for dust are not
applicable in Romania to the following facilities up to the date indicated for each
installation:
Until December 31, 2008:
S.C. ELECTROCENTRALE DEVA SA No 1, 4 electric boilers x 264 MWth
S.C. C.E.T. IAŞI II, 2 steam boilers x 305 MWth
Until December 31, 2009:
CET BACLU U No 1, 1 steam boiler x 345 MWth
S.C. THERMOELECTRICA GIURGIU No 1, 3 steam boilers x 285 MWth
S.C. COLTERM SA No 6, 3 steam boilers x 81.4 MWth
Until December 31, 2010:
CET ARAD No 1, 1 steam boiler x 403 MWth
S.C. CET BRAŞOV SA No 1, 2 caldeiras x 337 MWth
S.C. THERMOELECTRICA DOICEŞTI No 1, 1 steam boiler Benson x 470
MWth
S.C. COMPLEX ENERGETIC TURCENI SA No 2, 2 electric boilers x 789
MWth
S.C. THERMICA SA SUCCEEDED No 1, 2 boilers x 296 MWth
S.C. CET GOVORA SA No 3, 1 boiler x 285 MWth
Until December 31, 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 electric boilers x 264 MWth
S.C. PETROTEL LUKOIL SA No 1, DAV3 + HPM, 1 x 45 MWth + 14.7 MWth
+ 11.4 MWth
S.C. PETROTEL LUKOIL SA No 2, 3 technological steam boilers x 105.5
MWth
S.C. ALUM SA TULCEA No 1, 3 caldeiras x 84.8 MWth + 1 x 72.6 MWth
S.C. CET GOVORA SA No 2, 2 broilers x 285 MWth
Until December 31, 2013:
S.C. COMPLEX ENERGETIC Rovinari SA No 1, 2 steam boilers x 878 MWth
S.C. ELECTROCENTRALE DEVA SA No 3, 4 electric 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 the
combustion plants that comply with the provisions of Directive 2001 /80/CE no
shall exceed the following intermediate maximum limits:
Up to 2007: 38600 tons / year;
Up to 2008: 33800 tons / year;
Up to 2010: 23200 tons / year;
Up to 2013: 15500 tons / year.
d) By way of derogation from Article 4 (3) and Part A of Annex VI of the
Directive 2001 /80/CE, the emission limit values for nitrogen oxides,
applicable from January 1, 2016 to installations with a power
calorific combustion of more than 500 MWt, are not applicable in Romania
by December 31, 2017 at the following facilities:
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 electric 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 electric boilers x 789
MWth;
S.C. ELECTROCENTRALE DEVA SA No 1, 4 electric boilers x 264 MWth;
S.C. THERMICA SA SUCCEEDED, No 1, 2 boilers x 296 MWth.
During this transitional period, emissions of nitrogen oxide from
all combustion plants that comply with the provisions of the
Directive 2001 /80/CE shall not exceed the following maximum limits
intermediate:
Up to 2016: 80000 tons / year;
Up to 2017: 74000 tons / year.
e) Romania shall submit to the Commission, by January 1, 2011, a plan
updated, which includes an investment plan, for the progressive
alignment of the remaining non-compliant installations, with phases clearly
defined for the application of the acquis. These plans must guarantee a new
reduction of emissions to a level significantly lower than the targets
intermediate specified in points (a) to (d) above, in particular as regards the
emissions relative to 2012. If, taking particular account of the environmental effects
and the need to reduce the distortions of competition in the domestic market
arising from the transitional measures, the Commission considers that the above plans
mentioned are not sufficient to meet these objectives, it will inform you of the fact
to Romania. In the following three months, Romania will communicate the measures it has
taken to comply with the said objectives. If, subsequently, in consultation with
the Member States, the Commission considers that such measures are not
sufficient to achieve those objectives, will initiate a process by
infringement 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 THAT BENEFIT FROM STATE AID IN THE FRAMEWORK
OF THE RESTRUCTURING PROGRAMME OF THE STEEL INDUSTRY
ROMANIA
-Ispat Sidex Galaţi
-Siderurgica Hunedoara
-COS Târgovişte
-CS Reşiţa
-IS Câmpia Turzii
-Donasid (Siderca) Călăraşi
PART II
TIMETABLE AND DESCRIPTION OF CAPACITY CHANGES 1
Installation Change of the
capacity
(tonnes)
Date of
cessation of
production
Date of
shutdown
definitive
Siderurgica
Hunedoara
Wire-machine
n. º1
-400000 1995 1997
Wire-machine
n. º3
-280000 1998 2000
Sections
medium
-480000 to 1 th quarter
from 2008
2. quarter
2008
IS Câmpia
Turzii
Wire-machine
n. º1
-80000 1995 1996
CS Reşiţa Sections light-80000 2000 2001
Wheels for
carrels
-40000 1999 2000
Sections
heavy
-220000 to 4 th quarter
from 2007
2. quarter
2008
Sections
medium and
special
-120000 to 4 th quarter
from 2006
4. quarter
2007
Donasid
(Siderca)
Călăraşi
Sections
medium
-350000 1997 1999
Change of the
capacity
net
-2050000
1 Capacity reductions must be final, in the terms of the Decision
n ° 3010 /91/CECA of the Commission of October 15, 1991 (OJ L 286, 10/16/2091,
p. 20).
PART III
RESTRUCTURING REFERENCE INDICES
1. Viability
Taking into account the special accounting standards applied by the Commission, each
beneficiary company is expected to achieve a gross minimum operating result
annual in relation to turnover (10% for steel companies not
integrated and 13.5% for integrated steelworks) and a minimum income of the
equity capital of 1.5% of the turnover, no later than December 31
of 2008. This will be verified in the independent assessment conducted annually
between 2005 and 2009, in accordance with the provisions of Annex VII, Chapter 4, Section B,
point 13.
2. Productivity
It should be gradually achieved, by December 31, 2008, a
overall productivity comparable to that obtained by the EU steel industry. Such
will be verified in the independent assessment conducted annually between 2005
and 2009, in accordance with the provisions of Annex VII, Chapter 4, Section B, point 13.
3. Cost Reductions
Special importance should be attached to the cost reductions, which constitute a
of the key elements of viability. These reductions must be fully
carried out under the business plans of the beneficiary companies.
PART IV
INDICATIVE LIST OF THE REQUIRED INFORMATION
1. Production and effects on the market
-monthly production of crude steel, semi-finished products and products
finished, by category and by product range;
-products sold, including volumes, prices and markets; breakdown by
range of products.
2. Investments
-detailed data on the investments made;
-date of achievement;
-costs of investment, sources of financing and amount of any
corresponding aid;
-date of payment of the aid, if any.
3. Reductions of manpower
-number of suppressed jobs and their schedule;
-evolution of employment in the beneficiary companies (distinguishing between
direct and indirect employment);
-evolution of employment in the national steel sector.
4. Capacity (as far as the whole of the steel sector in Romania)
-date (or expected date) of cessation of production of express capacities
in MPP (being MPP the maximum possible annual production that can be
obtained under normal working conditions) to be shut down and description
of the same;
-date (or intended date) of dismantling, as defined in the Decision
no 3010 /91/CECA of the Commission, relating to the information to be provided by the
steel industries on their investments 1 , of the plant in question and
details of such 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 products
finished by category.
5. Costs
-cost allocation and respective developments in the past and in the future,
particularly by reduction of labour costs, energy consumption,
reduction of raw material costs, reduction of accessory services and
external.
6. Financial Results
-evolution of certain significant financial ratios that allow to check
the progress made towards the feasibility (the results and ratios
financial must be presented in a form that allows to compare them
with the company's financial restructuring plan and must include the test
of feasibility of the Commission);
Detailed data on taxes and duties paid, including
1
OJ L 286, 10/16/1991, p. 20.
information on any deviations from the tax rules and
customarily applicable customs;
-level of the financial burden;
-detailed data on the payment of the aid already granted and
their respective timetable, in accordance with the terms of the Protocol;
-terms and conditions of any new loan (regardless of
your origin).
7. Creation of a new company or new facilities that include increases in
capacity
-identity of each shareholder in the private or public sector;
-origins of financial contributions to the creation of a new company
or of new facilities;
-terms and conditions of participation of private and public shareholders;
-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 dairy products referred to in Annex VII, Chapter 5, Section B, Subsection I
Establishments for meat processing
No. No vet. Name of establishment Sede of the 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
3 101/2000 S.C. Cominca S.A. Str. Octavian Goga, nr. 4, Oradea, jud. Bihor
4 102/1999 S.C. Prodaliment S.A. Str. Republicii, nr. 101, Salonta, jud. Bihor
5 115/1996 S.C. Ferm With Prod S.R.L. Căldărăşti, jud. Buzău
6 1446/2002 S.C. Izocon MC S.A. Cuza Vodă, jud. Călăraşi
7 19/2002 S.C. Carnob S.R.L. Str. Lebedelor, nr. 1, Lumina, jud. Constanţa
8 154/1999 S.C. Casalco S.A. Str. Jókai Mór, nr. 9-11, Sf. Gheorghe, jud.
Covasna
9 312/1999 S.C. Olas Prod S.R.L. Str. N. Romanescu, nr. 28, Craiova, jud. Dolj
10 58/2001 S.C. Elan Trident S.R.L. Str. Rákóczi, Miercurea Ciuc, jud. Harghita
11 143/1999 S.C. Lorialba Prest S.R.L. Str. Crişul Alb, nr. 1, Brad, jud. Hunedoara
12 4585/2002 S.C. Agro Prod With Dosa
S.R.L.
Str. Principală, nr. 79, Chibed, jud. Mureş
13 2585/2000 S.C. Cazadela S.R.L. Str. Oltului, nr. 34, Reghin, jud. Mureş
14 4048/2000 S.C. Coniflor S.R.L. Str. Petru Largest, Gurghiu, jud. Mureş
15 422/1999 S.C. Prodprosper S.R.L. Str. Dumbravei, nr. 18, Dumbrava Roşie, jud.
Neamles
16 549/1999 S.C. Tce 3 Brazi S.R.L. Zăneşti, jud. Neamles
17 24/2000 S.C. Spar S.R.L. Str. Gării, nr. 10, Potcoava, jud. Olt
18 2076/2002 S.C. Simona S.R.L. Str. Popa Şapcă, nr. 105, Balş, jud. Olt
19 86/2002 S.C. Universal S.R.L. Crişeni, jud. Sălaj
20 5661/2002 S.C. Harald S.R.L. Str. Mânăstirea Humorului, nr. 76A, jud.
Succeeded
21 6066/2002 S.C. Raitar S.R.L. Cornu Luncii, jud. Succeeded
22 5819/2002 S.C. Mara Alex S.R.L. Milişăuţi, jud. Succeeded
23 93/2003 S.C. Mara Prod With S.R.L. Str. Abatorului, nr. 1 bis, Alexandria, jud.
Teleorman
1/24/2000 S.C. Diana S.R.L. Bujoreni, jud. Vâlcea
6/25/1999 S.C. Diana Prod S.R.L. Vlădeşti, jud. Vâlcea
Meat processing establishments of poultry
No. No vet. Name of establishment Sede of the 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
Treatment establishments for milk and dairy products
No. No vet. Name of establishment Sede of the premises in question 1 999/2000 S.C. Alba Lact S.A. Str. Muncii, nr. 4, Alba Iulia, jud. Alba
2 5158/8.11.2002 S.C. Biolact Bihor S.R.L. Paleu, jud. Bihor
3 2100/8.11.2001 S.C. Bendearcris S.R.L. Miceştii of Câmpie, nr. 202A, jud. Bistriţa-
Năsăud
4 2145/5.3.2002 S.C. Lech Lactus S.R.L. Lechinţa, nr. 387, jud. Bistriţa-Năsăud
5 395/ 6/18/2001 S.C. Lact Solomonescu S.R.L. Miron Costin, Vlăsineşti, jud. Botoşani
6 115/1.2.2002 S.C. Comintex S.R.L. Darabani Darabani, jud. Botoşani
7 A343827 /
30.8.2002
S.C. Prodlacta S.A. Str. Gării, nr. 403, Homorod, jud. Braşov
8 258/ 4/10/2000 S.C. Binco Lact S.R.L. Săcele, jud. Constanţa
9 12203/ 25.9.200
3
S.C. Lacto Genimico S.R.L. Str. Căşăriei nr. 2A, Hârşova, jud.
Constanţa
10 2721/ 8/28/2001 S.C. Industrializarea Laptelui S.A. B-dul Independenţei, nr. 23, Târgovişte, jud.
Dâmboviţa
11 4136/ 6/10/2002 S.C. Galmopan S.A. B-dul G. Coşbuc, nr. 257, Galaţi, jud. Galaţi
12 5/7.5.1999 S.C. Sandralact S.R.L. Şos. Bucureşti-Giurgiu, km. 23, jud.
Giurgiu
13 213/1996 S.C. Paulact S.R.L. Str. Principală, nr. 28, Sânpaul, jud.
Harghita
14 625/ 11/21/1996 S.C. Lactis S.R.L. Str. Beclean, nr. 31, Odorheiu Secuiesc, jud.
Harghita
15 913/ 3/17/2000 S.C. Lactex-Reghin S.R.L. Jabeniţa, nr. 33, jud. Mureş
16 207/ 4/21/1999 S.C. Midatod S.R.L. Ibăneşti, nr. 273, jud. Mureş
17 391/ 4/23/1999 S.C. Kubo Ice Cream Company
S.R.L.
Str. Dumbravei, nr. 5, Piatra Neammons, jud.
Neamles
18 1055/ 7/10/2000 S.C. Oltina S.A. Str. A. I. Cuza, nr. 152, Slatina, jud. Olt
19 282/1999 S.C. Calion S.R.L. Str. Gheorghe Doja, nr. 39, Jibou, jud. Sălaj
20 1562/ 27.12.199
9
5750/ 5/23/2002
S.C. Bucovina S.A. Succeeded Str.Humorului, nr.4, Succeava, jud. Succeeded
21 1085/ 5/26/1999 S.C. Bucovina S.A. Falticeni Str. Izvor, nr.5, Falticeni, jud. Succeeded
22 5614/ 4/20/2002 S.C. Coza Rux S.R.L. Str. Burdujeni, nr.11 A, Suceava, jud.
Succeeded
23 1659/ 3/27/2003 S.C. Ecolact S.R.L. Milisauti, jud. Succeeded
24 1205/5.10.1999 S.C. Pro Putna S.R.L. Putna, jud. Succeeded
25 5325/ 2/13/2002 S.C. Cetina Prod Lact S.R.L. Neagra Sarului, Saru Dornei, jud. Succeeded
26 5245/6.11.2001 S.C. Simultan S.R.L. Ortisoara, jud. Timis
27 2459/ 8/21/2002 S.C. Zan S.R.L. Str. Celulozei, nr. 5, Zarnesti, jud. Brasov
ANNEX VIII
Rural development
(referred to in Article 34 of the Protocol)
SECTION I: ADDITIONAL TEMPORARY MEASURES OF
RURAL DEVELOPMENT FOR BULGARIA AND ROMANIA
A. Support for semi-subsistence farms in phase of restructuring
1) Support for semi-subsistence farms in phase of restructuring
will contribute to the following objectives:
a) Helping to alleviate the transition problems at rural level arising
of the exhibition of the agricultural sector and the rural economy of Bulgaria and of the
Romania to the competitive pressure of the single market;
(b) facilitate and encourage the restructuring of farms that do not yet
are economically viable.
For the purposes of this Annex, it is understood by " holdings of semi-
subsistence " the farms that produce mainly for consumption
own, but which also commercialize a part of the production.
2) To benefit from the support, the farmer must come up with a plan of
development that:
a) demonstrate the future economic viability of the holding;
b) Contains details of the necessary investments;
c) Describe specific steps and goals.
3) Compliance with the development plan referred to in point 2 shall be
magazine at the end of three years. If the interim goals set out in the
plan have not been achieved upon such review, they will not be
granted more supports, but will not be required for this reason the refund
of funds received.
4) Support will 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
higher than five years.
B. Groupings of producers
1) will be granted flat-rate support in order to facilitate the creation and the
administrative operation of producer groupings that have
by objectives:
a) Adapting to the requirements of the market the production of the producers that
are members of these groupings;
(b) jointly commercialize its goods, including the
preparation of sales, centralization of sales and supply
to wholesalers; and
c) Define common standards for information on production, with
special highlight for the harvests and availability.
2) Support will be granted only to groups of producers formally
recognized by the competent authorities of Bulgaria or Romania
between the date of accession and December 31, 2009, on the basis of the legislation
national or community.
3) Support will be paid in annual instalments in the first five years after the
date when the grouping of producers has been recognized, will be calculated
depending on the commercialized annual production of the producer grouping
and shall not overtake:
a) In the first, second, third, fourth and fifth years,
respectively 5%, 5%, 4%, 3% and 2% of the value of production
marketed up to a maximum amount of EUR 1000000, 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 production
marketed that exceeds EUR 1000000.
In any case, the support shall not exceed the maximum amounts
eligible set out in Section I G.
C. Leader-type Measures +
1) Support may be provided for measures related to the acquisition of
skills designed to prepare rural communities for design
and implementation of local rural development strategies.
These measures may include, in particular:
a) Technical support for local studies and diagnostics of the territory, having in
account for the wishes expressed by the implicated populations;
b) Information and training of the population in order to encourage a
active participation in the development process;
c) Construction of representative partnerships of local development;
(d) elaboration of integrated development strategies;
e) Funding of research as well as preparation of applications for
support.
2) Support may be provided for the adoption of territorial strategies of
rural, integrated and pilot development, prepared by
local action groups in accordance with the principles set out in the
points 12, 14 and 36 of the Communication from the Commission to the Member States
of April 14, 2000 laying down the guidelines on the initiative
community of rural development (Leader +) 1 . This support will be limited
to regions that 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 actions of interterritorial and transnational cooperation, in accordance
with the principles set out in points 15 a to 18 of the Communication of
Commission referred to in point 2.
4) Bulgaria and Romania and the local action groups will have access to the
observatory of the rural territories provided for in point 23 of the Communication of the
Commission referred to in point 2.
D. Consultation services and rural dissemination
Support will be provided for the provision of consultancy and rural dissemination services.
E. Supplementary direct payments
1) It may be granted support to farmers who can benefit from
direct national payments of supplementary character or aid to the
shelter from Article 143-C of Regulation (EC) No 1782/2003 2 .
1 OJ C 139, 5/18/2000, p. 5.
2 Council Regulation (EC) No 1782/2003 of September 29, 2003, which
establishes common rules for direct support schemes in the framework of agricultural policy
common and establish certain support schemes for farmers and alters the
Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) n para.
1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) n para.
1673/2000, (EEC) No 2358/71, and (EC) No 2529/2001 (OJ L 270, 10/21/2003, p. 1).
Regulation adapted by Decision 2004 /281/CE (OJ L 93, 3/30/2004, p. 1) and with the
last amended given by Regulation (EC) No 864/2004 (OJ L 161 de
2) The support granted to a farmer relatively to the years 2007, 2008
and 2009 shall not overcome the difference between:
a) The level of direct payments applicable in Bulgaria or Romania
in the year concerned pursuant to Article 143 of the Regulation (EC)
n. 1782/2003, and
b) 40% of the level of direct payments applicable in the Community, in the
its composition on April 30, 2004, in the relevant year.
3) The contribution of the Community to the support provided under the
this Subsection E in Bulgaria or Romania in respect of each other
of the years 2007, 2008 and 2009 shall not exceed 20% of the respective
annual allocation. However, Bulgaria or Romania may replace this rate
annual 20% for the following rates: 25% for 2007, 20% for 2008 and 15%
to 2009.
4) The support granted to a farmer under this Subsection E will be
considered national direct payment of a complementary character or
aid, as the case may be, for the purpose of application of the maximum levels
set out in paragraph 2 (2) (a) of the Regulation (EC)
n. 1782/2003.
F. Technical assistance
1) Support may be provided for measures to prepare, follow up,
assessment and control that are necessary for the implementation of the
programming documents of rural development.
(2) The measures referred to in point 1 shall include, inter alia:
a) Studies;
4/30/2004, p. 48).
b) Technical assistance measures, exchange of experience and
information aimed at partners, beneficiaries and the public at
general;
c) Installation, operation and interconnection of computerized systems
for the management, monitoring and evaluation;
d) Improvements in the methods of evaluation and exchange of information
on best practices in this field.
G. Table of amounts for the additional temporary measures of
rural development for Bulgaria and Romania
EUR measure
Farms of semi-subsistence 1000 per farm / per year
Groupings of producers 100000
100000
80000
60000
50000
in the first year
in the second year
in the third year
in the fourth year
in the fifth year
SECTION II: SPECIFIC PROVISIONS RELATING TO SUPPORT FOR
INVESTMENTS IN BULGARIA AND ROMANIA
1) The support for investments in agricultural holdings under the Regulations
on rural development in force on the date of accession will be granted to the
agricultural holdings whose economic viability can be demonstrated in the term
of the making of the investment.
2) The total amount of support for investments in agricultural holdings, expressed
as a percentage of the eligible investment volume, is subject to a limit
maximum of 50% and, in the disadvantaged areas, 60%, or the percentages
established in the relevant regulation on rural development in
vigour at the date of accession, whicheter is the higher. If the investments
are made by young farmers, as defined in the relevant regulation
on rural development in force at the date of accession, these percentages
can reach a maximum of 55% and, in the disadvantaged areas, of 65%, or the
percentages set out in the relevant regulation on development
rural in force at the date of accession, whicheter is the higher.
3) The support for investments aimed at improving processing and
marketing of agricultural products under the relevant regulation
on rural development in force on the date of accession will be granted to the
companies that have benefited from a transition period after accession, in order to
to comply with the minimum standards concerning the environment, hygiene and welfare of the
animals. In this case, the companies should comply with the standards
pertinent until the end of the specified transition period or until the end of the
period of investment, whichever occurs in the first place.
SECTION III: SPECIFIC PROVISIONS RELATING TO SUPPORT FOR
EARLY RETIREMENT IN BULGARIA
1) Farmers in Bulgaria to which a dairy quota has been allocated
will be able to benefit from the early retirement scheme as long as they have less
from 70 years of age at the time of the assignment.
2) The amount of the support shall be subject to the maximum amounts in the
relevant regulation relating to rural development in force on the date of
accession and shall be calculated depending on the volume of the milk quota and the activity
total agricultural in the holding.
3) The milk quotas allocated to a cedent will revert in favour of the national reserve
of milk quotas without extra compensatory payment.
SECTION IV: SPECIFIC FINANCIAL ARRANGEMENTS FOR BULGARIA
AND ROMANIA IN THE PERIOD FROM 2007 A TO 2013
1) Regarding the programming period from 2007 a to 2013, the community support
granted in Bulgaria and Romania to all measures of rural development
shall be executed in accordance with the principles laid down in Articles 31 and 32.
of the Council Regulation (EC) No 1260/1999 of June 21, 1999, which
establishes general provisions on the Structural Funds 1 .
2) In the areas covered by Objective 1, the financial contribution of
Community can raise up to 85% for agro-environmental measures and relative
to the welfare of animals, and to 80% for the other measures, or the percentages
established in the regulations on rural development in force to the
date of accession, whicheter is the higher.
1 OJ L 161, 6/26/1999, p. 1. Regulation with the last wording given by the
Act of Accession of 2003 (OJ L 236, 9/23/2003, p. 33).
ANNEX IX
Specific commitments made and requirements accepted by Romania
at the conclusion of the accession negotiations on December 14, 2004
(referred to in Article 39 of the Protocol)
I. Regarding Article 39 (2)
1) Implement immediately the "Schengen" Action Plan, as published in
M. Of., p. I, n. 129 bis / 10. II.2005, amended in line with the acquis and within
of the deadlines set.
2) In order to ensure a high level of control and surveillance in future frontiers
external of the Union, considerably intensify efforts on the subject of
modernization of equipment and infrastructure on the green border, in the
blue border and border crossing points, and continue the reinforcement of the
capacity for operational risk analysis. This should be laid down in a
single multiannual investment plan, to be submitted no later than March
of 2005, on the basis of which the Union should be able to assess the progress annually
performed, until the decision referred to in Article 4 (2) is taken.
Protocol with regard to Romania. Romania should still step up
considerably the scheduled recruitment of 4438 agents and officers of
border police and in particular to ensure that the actual frame is
as much as possible complete, at the date of accession, along the borders with the
Ukraine and Moldova and on the coast of the Black Sea. Romania should also take
all necessary measures to effectively combat illegal immigration,
specifically enhancing cooperation with third countries.
3) Develop and implement an action plan and a strategy for reform of the
judicial apparatus, updated and integrated, which include the main measures
for the implementation of the Law on the Judicial Organization, the Act on the
Status of the Magistrates and the Law on the Superior Council of Magistrate,
which came into force on September 30, 2004. Both documents
updated shall be submitted to the Union no later than March 2005,
it being necessary to guarantee the appropriate human and financial resources to the
implementation of the plan of action, which should occur without delay, the
fixed calendar. Romania should still demonstrate, by March 2005, that the
new system of random distribution of processes is fully operational.
4) Considerably intensifying the fight against corruption and specifically against
the great corruption, ensuring a rigorous enforcement of the anti-
-corruption and the effective independence of the Department of the Public Prosecutor's Office of
Combating Corruption and presenting a compelling annual report on the
activities of this body in the area of the fight against major corruption. This
Department shall be endowed with human, financial and training resources and
of all the equipment that the fulfillment of its vital function requires.
5) Proceed to an independent audit of the results and the impact of the current
national strategy to fight corruption; to consign the findings and
recommendations from that audit in the new multi-year strategy against corruption,
which should constitute a single and comprehensive document to be drawn up by March
of 2005, at the latest, accompanied by an action plan with milestones of
clearly defined reference and targets, as well as budgetary provisions
appropriate; implementation of the strategy and plan of action should be scrutinised
by an already existing, clearly defined and independent body; the strategy
should include the commitment to review, by the end of 2005, the criminal proceedings
overly time-consuming to ensure that the processes of corruption are
treated with speed and transparency, in order to ensure the application of sanctions
appropriate deterrent effect; lastly, it should provide for measures aimed at
reduce considerably, by the end of 2005, the number of organisms
competent in the prevention or investigation of cases of corruption, the
an end to avoiding overlapping responsibilities.
6) To ensure, by March 2005, a clear legal framework for the functions and the
cooperation between the gendarmerie and the police, specifically with regard to the
implementation legislation, and develop and implement a plan of
clear recruitment by mid-2005 for both institutions, in order to
make significant progress in the proofing of the 7000 vacancies in the police and
of the 18000 vacancies in gendarmerie to the date of accession.
7) Develop and implement a coherent multi-year strategy against the
crime, including concrete actions aimed at progressively changing the
status of Romania as a country of origin, transit and destination of victims
of trafficking in human beings and present annually, as of March 2005,
reliable statistics on how it is combated this criminal phenomenon.
II. In respect of Article 39 (3)
8) Ensuring the effective control by the Competition Council of any
potential state aid, particularly state aid to be granted by
means of deferred payments to the State Budget of liabilities in the domain
tax or social or of deferred liabilities related to supply
energy.
9) Improving without delay the results in the field of law enforcement in the field
of State aid and to ensure satisfactory results in application
of the law both in the field of anti-trust rules and in that of state aid.
10) Present to the Commission, by mid-December 2004, a revised plan of
restructuring of the steel industry (which includes a national restructuring programme and
an individual plan for the companies) in accordance with the requirements
set out in Protocol No 2 on ECSC products to the European Agreement
which creates an Association between the European Communities and their States-
Members, on the one hand, and Romania, on the other 1 , as well as with the conditions
set out in Annex VII, Chapter 4, Section B of the Protocol.
Fully respect the commitment to not grant or pay any
state aid to steel companies covered by the Strategy of
1 OJ L 357, 12/31/1994, p. 2. Agreement with the last wording given by the
Decision No 2/2003 of the EU/Romania Association Council of 9/25/2003 (not yet
published in the Official Journal).
National restructuring between January 1, 2005 and December 31, 2008 and
to fully respect the amounts of state aid and the conditions relating to
reductions in capacity to be determined in the context of Protocol No 2 on the
ECSC products to the European Agreement establishing an Association between the
European Communities and their Member States, on the one hand, and Romania,
on the other.
11) Continue to allocate adequate financial means and sufficient human resources and
suitably qualified to the Competition Council.
________________
ACTO
ON THE CONDITIONS OF ACCESSION
OF THE REPUBLIC OF BULGARIA AND ROMANIA
AND ADAPTATIONS OF THE TREATIES
WHERE ARE THE EUROPEAN UNION
In accordance with Article 2 of the Treaty of Accession, this Act shall be applicable
in the event that the Treaty establishing a Constitution for Europe is not in force
on January 1, 2007, up to 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:
-by "originating Treaties", they shall understand:
a) the Treaty establishing the European Community ("EC Treaty") and the Treaty
establishing the European Atomic Energy Community ("CEEA Treaty"),
completed or amended by treaties or other acts that have entered
in force before accession,
b) the Treaty of the European Union ("EU Treaty"), supplemented or amended by
treaties or other acts that have entered into force prior to accession;
-By "current Member States" understand the Kingdom of Belgium, the Republic
Czech, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of
Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the
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;
-by "Union", the European Union is understood to be understood as instituted by the EU Treaty;
-by "Community" means one or both of the Communities referred to in the
first indent, as the case may be;
-by "new Member States" are understood to be the Republic of Bulgaria and Romania;
-by "Institutions", the Institutions created by the Treaties shall be understood
originating.
ARTICLE 2.
As from the date of accession, the provisions of the Treaties originating in and the acts adopted
by the Institutions and by the European Central Bank prior to accession binding Bulgaria and the
Romania and shall apply in those States pursuant to those Treaties and of this Act.
ARTICLE 3.
1. Bulgaria and Romania adhere to the decisions and agreements approved by the
Representatives of the Governments of the Member States meeting in the Council.
2. Bulgaria and Romania find themselves in the same situation as the States-
Current members with respect to statements, resolutions or other outlets
of the European Council or of the Council, as well as relating to the
Community or the Union, adopted by common accord of the Member States; must,
therefore, respecting the principles and guidelines of them arising and taking the
measures necessary to ensure the respective application.
3. Bulgaria and Romania adhere to the conventions and protocols listed in the
Annex I. These conventions and protocols will enter into force, in relation to Bulgaria and the
Romania, on the date determined by the Council in the decisions referred to in paragraph 4.
4. The Council shall, acting unanimously on a recommendation from the Commission and
after consultation with the European Parliament, it will make all the adjustments, necessary in
virtue of the accession, of the conventions and protocols referred to in paragraph 3 and shall publish the
texts adapted in the Official Journal of the European Union.
5. Bulgaria and Romania undertake, in respect of the Conventions or
protocols referred to in paragraph 3, to introduce measures, administrative and other, identical to the
adopted at the date of accession by the present Member States or by the Council, and the
facilitate practical cooperation between the institutions and organizations of the Member States.
6. The Council, acting unanimously on a proposal from the Commission, may
to add to Annex I the conventions, agreements and protocols signed before the date of the
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 a
European Community (hereinafter referred to as the "Schengen Protocol") and the acts in it
based or in some way with it related, listed in Annex II, as well as
any other acts adopted before the date of accession, binding on Bulgaria and the
Romania and are applicable in these States as of the date of accession.
2. The provisions of the Schengen acquis integrated into the framework of the European Union and
the acts in it based or in some way with it related not referred to in paragraph 1,
although binding on Bulgaria and Romania as of the date of accession, they are only applicable
in each of these States by virtue of a Council decision to the effect, after
verification, according to the applicable Schengen assessment procedures, of the
compliance in that State of the conditions necessary for the application of all parts of the
Acquis in question.
The Council makes its decision, after consultation with the European Parliament, acting by
unanimity of the members representing the Governments of the Member States
in respect of which the provisions referred to in this paragraph have already entered
in force and the representative of the Government of the Member State with respect to which those
provisions should come into force. The members of the Council representing the
Governments of Ireland and the United Kingdom of Great Britain and Northern Ireland will participate
in that decision in so far as the same concerns the Schengen acquis and the
acts in it based or in some way with it related in which these States
participate.
ARTICLE 5.
Bulgaria and Romania will participate in the Economic and Monetary Union as of the date
of membership as Member States that benefit from a derogation within the meaning
of Article 122 of the EC Treaty.
ARTICLE 6.
1. Agreements or conventions concluded or provisionally applied by the
Community or under the terms of Articles 24 or 38 of the EU Treaty, with one or more
Third States, with an international organization or with a national of a
Third State shall bind Bulgaria and Romania in the terms of the originating Treaties and
of this Act.
2. Bulgaria and Romania commit themselves to join, pursuant to this Act,
to agreements or conventions concluded or jointly signed by the States-
Current members and the Community.
The accession of Bulgaria and Romania to the agreements or conventions concluded or signed
jointly by the Community and the present Member States with certain
third countries or international organizations will be agreed upon through the celebration of
a protocol to such agreements or conventions between the Council, acting by
unanimity on behalf of the Member States, and the country or third countries or the
international organization in question. The Commission shall negotiate such protocols in
name of the Member States on the basis of negotiating guidelines approved 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
projects of protocols for celebration.
This procedure is without prejudice to the exercise of the Community's own competences
nor does it affect the allocation of powers between the Community and the Member States in what
refers to the conclusion of such agreements in the future or to any other changes not
related to the accession.
3. When they accede to the agreements and conventions referred to in paragraph 2, Bulgaria and the
Romania passes to have, in the framework of such agreements and conventions, the same rights and
obligations that the current Member States.
4. As of the date of accession, and pending the entry into force of the necessary
protocols referred to in paragraph 2, Bulgaria and Romania shall implement the provisions of the
agreements or conventions concluded jointly by the present Member States and
by the Community prior to accession, with the exception of the free movement Agreement of
people celebrated with Switzerland. This obligation shall also apply to agreements or
conventions that 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 in the framework of their respective
skills, they must take the appropriate measures.
5. Bulgaria and Romania adhere to the Agreement of partnership between the States of
Africa, the Caribbean and the Pacific and the European Community and their States-
Members 1 , signed in Cotonou on June 23, 2000.
6. Bulgaria and Romania commit themselves to join, pursuant to this Act,
to the Agreement on the European Economic Area 2 , pursuant to Article 128 of the said
Agreement.
7. As of the date of accession, Bulgaria and Romania shall implement the agreements and
bilateral arrangements relating to textiles concluded by the Community with countries
third parties.
The quantitative restrictions applied by the Community on imports of products
textiles and clothing must be adapted to take into account the accession of Bulgaria and the
Romania to the Community. For the purpose, the Community can negotiate with the countries
1 OJ L 317, 12/15/2000, p. 3.
2 OJ L 1, 1/3/1994, p. 3.
third parties in question, prior to the date of accession, amendments to agreements and arrangements
bilateral above.
If the amendments to the bilateral agreements and arrangements on textiles do not yet
have entered into force on the date of accession, the Community shall carry out the necessary
adaptations to its provisions on the import of textile products and
clothing to take into account the accession of Bulgaria and Romania.
8. The quantitative restrictions applied by the Community on imports of steel and
steel products must be adapted on the basis of imports, made
during the last years by Bulgaria and Romania, of steel products
coming from the supplier countries concerned.
For this purpose, they must be negotiated, prior to the date of accession, the necessary changes
to bilateral agreements and arrangements concluded by the Community with third countries.
If the amendments to the bilateral agreements and arrangements have not entered into force by the date
of the accession, the provisions of the first paragraph shall apply.
9. Fishing agreements concluded prior to accession by Bulgaria or Romania
with third countries will be managed by the Community.
The rights and obligations arising from 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
paragraph, shall be adopted, on a case by case, by the Council, acting by a majority
qualified, on a proposal from the Commission, the appropriate decisions of continuation of the
fishing activities arising 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 must withdraw
of any free trade agreements with third countries, notably of the Agreement
Centre-European Free Trade.
In so far as the agreements between Bulgaria, Romania or both states, by a
side, and one or more third States, on the other hand, are not compatible with the
obligations arising from this Act, Bulgaria and Romania shall make use of
all appropriate means to eliminate verified incompatibilities. If one of the
two states to depart with difficulties in adapting an agreement concluded before the
accession with one or more third countries, shall withdraw from the agreement, the provisions of
in it predicted.
11. Bulgaria and Romania shall, in the conditions laid down in this Act, adhere to the conditions laid down in this Act,
to the internal agreements concluded by the current Member States for the application of the
agreements or conventions referred to in paragraphs 2, 5 and 6.
12. Bulgaria and Romania shall take the appropriate measures, if necessary, to
to adapt to the rights and obligations arising from its accession to the Union at its position
concerning international organizations and international agreements in which they are
also Parties to the Community or other Member States.
In particular, they must withdraw, at the date of accession or as soon as possible after the
same, of the international fisheries agreements and of the organizations in which the Community
is also a part, unless your quality of member is relacious with others
areas other than fishing.
ARTICLE 7.
1. Except as otherwise provided in this Act, its provisions may only
be suspended, altered or revoked in accordance with the procedures laid down in the
Originating treaties that allow for the review of these.
2. Acts adopted by the Institutions to which the transitional provisions relate
established in this Act retain their legal nature; in particular, the
processes for amending those acts continue to be applicable to them.
3. The provisions of this Act which have as an object or effect to be repealed or
change acts adopted by the Institutions, to be non-transitional title, have the same nature
legal that the provisions thus revoked or amended and are subject to the same
rules that the latter.
ARTICLE 8.
The application of the originating Treaties and the acts adopted by the Institutions shall be
subject, by way of transitional provision, to the derogatory provisions provided for in this Act.
SECOND PART
ADAPTATIONS OF THE TREATIES
Title I
INSTITUTIONAL PROVISIONS
ARTICLE 9.
1. The second paragraph of Article 189 of the EC Treaty and the second paragraph of the
article 107 of the CEEA Treaty shall be replaced by the following:
" The number of Members of the European Parliament will not be higher than seven hundred and thirty
and six. "
2. With effect from the beginning of the legislature of 2004-2009, in paragraph 2 of the
Article 190 of the EC Treaty and in Article 108 (2) of the CEEA Treaty, the first
paragraph shall be replaced by the following:
" 2. The number of representatives elected in each Member State shall be fixed by
following form:
Belgium 22
Bulgaria 17
Czech Republic 22
Denmark 13
Germany 99
Estonia 6
Greece 22
Spain 50
France 72
Ireland 12
Italy 72
Cyprus 6
Latvia 8
Lithuania 12
Luxembourg 6
Hungary 22
Malta 5
The Netherlands 25
Austria 17
Poland 50
Portugal 22
Romania 33
Slovenia 7
Slovakia 13
Finland 13
Sweden 18
United Kingdom 72. "
ARTICLE 10.
1. Article 205 (2) of the EC Treaty and Article 118 (2) of the CEEA Treaty
shall be replaced by the following:
" 2. For the deliberations of the Council which require a qualified majority,
assigns to the votes of its members the following weighting:
Belgium 12
Bulgaria 10
Czech Republic 12
Denmark 7
Germany 29
Estonia 4
Greece 12
Spain 27
France 29
Ireland 7
Italy 29
Cyprus 4
Latvia 4
Lithuania 7
Luxembourg 4
Hungary 12
Malta 3
The Netherlands 13
Austria 10
Poland 27
Portugal 12
Romania 14
Slovenia 4
Slovakia 7
Finland 7
Sweden 10
United Kingdom 29
The deliberations are taken if they get, at the very least, 255 votes that exprim the
favorable voting of the majority of members whenever, by virtue of this Treaty,
should be taken on a proposal from the Commission.
In the remaining cases, deliberations are taken if they obtain, at the minimum, 255 votes
which express the favourable vote of at least two thirds of the members. ";
2. In Article 23 (2) of the EU Treaty, the third paragraph shall have the following
wording:
" The votes of the members of the Council shall be weighted in accordance with the terms of paragraph 2 of the
article 205 of the Treaty establishing the European Community. The deliberations will be
taken if they obtain, at the very least, 255 votes that express the favourable vote of,
at least two thirds of the members. Whenever the Council takes a decision by
qualified majority, any of its members may ask to check if the
Member States that constitute such a qualified majority represent at least
62% of the total population of the Union. If this condition is not fulfilled, the decision in
cause is not adopted. "
3. In Article 34 of the EU Treaty, paragraph 3 shall be replaced by the following:
" 3. If the deliberations of the Council are to require a qualified majority, the votes of the
members will be weighted in the terms of Article 205 (2) of the Treaty establishing a
European Community; deliberations will be taken if they are to obtain, at the very least,
255 votes that express the favourable vote of at least two thirds of the members.
Whenever the Council takes a decision by a qualified majority, any of its
members may ask that it be verified if the Member States constituting that
qualified majority represent at least 62% of the total population of the Union. If that
condition is not fulfilled, the decision in question is not adopted. "
ARTICLE 11.
1. The first paragraph of Article 9 of the Protocol annexed to the EU Treaty, to the Treaty
EC and the ECEA Treaty on the Statute of the Court of Justice shall have the following
wording:
" The partial replacement of judges, which takes place every three years, focuses on
alternately in fourteen and thirteen judges. "
2. Article 48 of the Protocol annexed to the EU Treaty, to the EC Treaty and to the Treaty
CEEA relating to the Statute of the Court of Justice shall be replaced by the following:
" Article 48.
The Court of First Instance shall be composed of twenty-seven Judges ".
ARTICLE 12.
The second paragraph of Article 258 of the EC Treaty and the second paragraph of the
article 166 of the CEEA Treaty, relating to 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 12
Bulgaria 12
Czech Republic 12
Denmark 9
Germany 24
Estonia 7
Greece 12
Spain 21
France 24
Ireland 9
Italy 24
Cyprus 6
Latvia 7
Lithuania 9
Luxembourg 6
Hungary 12
Malta 5
The Netherlands 12
Austria 12
Poland 21
Portugal 12
Romania 15
Slovenia 7
Slovakia 9
Finland 9
Sweden 12
United Kingdom 24 "
ARTICLE 13.
The third paragraph of Article 263 of the EC Treaty, relating to 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:
Belgium 12
Bulgaria 12
Czech Republic 12
Denmark 9
Germany 24
Estonia 7
Greece 12
Spain 21
France 24
Ireland 9
Italy 24
Cyprus 6
Latvia 7
Lithuania 9
Luxembourg 6
Hungary 12
Malta 5
The Netherlands 12
Austria 12
Poland 21
Portugal 12
Romania 15
Slovenia 7
Slovakia 9
Finland 9
Sweden 12
United Kingdom 24 "
ARTICLE 14.
The Protocol on the Statute of the European Investment Bank, annexed to
EC treaty, is amended as follows:
1. In Article 3, between the entries relating to Belgium and the Czech Republic, it is inserted
the following:
"-the Republic of Bulgaria,"
and, between the entries relating to Portugal and Slovenia:
"-Romania,"
2. In the first subparagraph of Article 4 (1):
a) The introductory sentence shall be replaced by the following:
" 1. The capital of the Bank shall be EUR 164795737000, subscribed by the States-
Members of the following mode *:
_________________
* The values mentioned for Bulgaria and Romania are indicative and
are based on the data for 2003 published by Eurostat.
b) Among the entries relating to Ireland and Slovakia is inserted as follows:
"Romania 846000000"; and
c) Among the entries relating to Slovenia and Lithuania, the following is inserted:
"Bulgaria 296000000"
3. In Article 11 (2), the first, second and third paragraphs shall have the
following wording:
" 2. The Board of Directors is composed of 28 trustees and 18
suplent administrators.
The administrators are appointed for a period of five years by the Board of
Governors, designating each Member State an administrator. The Commission
assigns equally an administrator.
The alternate administrators are appointed for a period of five years by the
Board of Governors, on the following terms:
-two alternates designated by the Federal Republic of Germany,
-two alternates designated by the French Republic,
-two alternates designated by the Italian Republic,
-two alternates designated by the United Kingdom of Great Britain and Ireland of the
North,
-a designated alternate, by mutual agreement, by the Kingdom of Spain and by
Portuguese Republic,
-a designated alternate, by common accord, by the Kingdom of Belgium, by the
Grand Duchy of Luxembourg and the Kingdom of the Netherlands,
-a designated alternate, by common accord, by the Kingdom of Denmark, by the
Hellenic Republic, by Ireland and Romania,
-a designated alternate, by common accord, by the Republic of Estonia, by the
Republic of Latvia, by the Republic of Lithuania, by the Republic of
Austria, by the Republic of Finland and the Kingdom of Sweden,
-three alternates designated, by common accord, By the Republic of Bulgaria,
by the Czech Republic, by the Republic of Cyprus, by the Republic of
Hungary, by the Republic of Malta, by the Republic of Poland, by the
Republic of Slovenia and the Slovak Republic,
-an alternate designated by the Commission. ";
ARTICLE 15.
The first paragraph of Article 134º (2) of the CEEA Treaty, concerning the composition
of the Scientific and Technical Committee, it shall be replaced by the following:
" 2. The Committee shall be composed of forty and one members, appointed by the Council,
after consultation with the Commission. "
Title II
OTHER ADAPTATIONS
ARTICLE 16.
The last period of Article 57 (1) of the EC Treaty shall be replaced by the following:
" In relation to the restrictions in force under the national legislation in Bulgaria, in the
Estonia and in Hungary, the applicable date is that of December 31, 1999. "
ARTICLE 17.
Article 299 (1) of the EC Treaty shall be replaced by the following:
" 1. This Treaty shall apply to the Kingdom of Belgium, to the Republic of Bulgaria, to the
Czech Republic, the Kingdom of Denmark, to the Federal Republic of Germany, to the
Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the Republic
French, to Ireland, to the Italian Republic, to the Republic of Cyprus, to the Republic of
Latvia, to the Republic of Lithuania, to the Grand Duchy of Luxembourg, to the Republic of
Hungary, to the Republic of Malta, to the Kingdom of the Netherlands, to the Republic of Austria, to 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
Britain and Northern Ireland. "
ARTICLE 18.
1. The second paragraph of Article 314 of the EC Treaty shall have the following
wording:
" By virtue of the Treaties of Accession, the versions of this Treaty shall also be authentic
in the Bulgarian, Czech, Danish, Slovenian, Slovenian, Spanish, Estonian languages,
Finnish, Greek, Hungarian, English, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese,
romaine and Swedish. ".
2. The second paragraph of Article 225 of the CEEA Treaty shall have the following
wording:
" By virtue of the Treaties of Accession, the versions of this Treaty shall also be authentic
in the Bulgarian, Czech, Danish, Slovenian, Slovenian, Spanish, Estonian languages,
Finnish, Greek, Hungarian, English, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese,
romaine and Swedish. ".
3. The third paragraph of Article 53 of the EU Treaty shall have the following
wording:
" By virtue of the Treaties of Accession, the versions of this Treaty shall also be authentic
in the Bulgarian, Czech, Slovak, Slovenian, Estonian, Finnish, Hungarian, Latvian languages,
lituana, Maltese, Polish, Romanian and Swedish. ".
THIRD PART
PERMANENT PROVISIONS
Title I
ADAPTATIONS OF ACTS ADOPTED BY THE INSTITUTIONS
ARTICLE 19.
The acts listed in Annex III to this Act shall be adapted in the terms
of that Annex.
ARTICLE 20.
The adaptations of the acts listed in Annex IV to this Act, necessary in
consequence of the accession, shall be carried out in accordance with the guidelines set out in that
Attachment.
Title II
OTHER PROVISIONS
ARTICLE 21.
The measures listed in Annex V to this Act shall be applied in the
conditions laid down in that Annex.
ARTICLE 22.
The Council shall, acting unanimously on a proposal from the Commission and after consultation
to the European Parliament, may make the adaptations of the provisions set out in the
This Act relating to the common agricultural policy that are necessary in
consequence of changes in community regulation.
FOURTH PART
TEMPORARY PROVISIONS
Title I
TRANSITIONAL MEASURES
ARTICLE 23.
The measures listed in Annexes VI and VII to this Act apply, in relation
to Bulgaria and to Romania, under the conditions set out in these 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 in the second paragraph of the
Article 107 of the CEEA Treaty, the number of Members of the European Parliament shall be
increased to take into account the accession of Bulgaria and Romania with the following
number of MPs from these countries for the period between the date of accession
and the beginning of the 2004-2009 parliamentary term of the European Parliament:
Bulgaria 18
Romania 35.
2. Before December 31, 2007, Bulgaria and Romania are expected to elect
respectively, by direct universal suffrage of its peoples, the number of Members
to the European Parliament set out in paragraph 1, pursuant to the provisions of the Act on the
election of the representatives to the European Parliament by direct universal suffrage 1 .
3. By way of derogation from Article 190 (1) of the EC Treaty and Article 108 (1) para.
of the CEEA Treaty, if the elections take place before the accession, the deputies to the
European Parliament, representatives of the peoples of Bulgaria and Romania for the period
understood between the date of accession and each of the elections referred to in paragraph 2, are
appointed by the national Parliaments of those States from among its members, in the
terms established by each of these States.
1 OJ L 278, 10/8/1976, p. 5. Act with the last wording that was given by the
Decision 2002 /772/CE, Euratom of the Council (OJ L 283, 10/21/2002, p. 1).
Title III
FINANCIAL PROVISIONS
ARTICLE 25.
1. As of the date of accession, Bulgaria and Romania shall pay the amounts to
follow discriminated against, corresponding to their share of the capital to be paid for capital
subscribed to defined in Article 4 of the Statute of the European Investment Bank 1 :
Bulgaria EUR 14800000
Romania EUR 42300000
These quotas will be paid in eight equal instalments, to be won on May 31, 2007, 31
from May 2008, May 31, 2009, November 30, 2009, May 31, 2010,
November 30, 2010, May 31, 2011 and November 30, 2011.
2. Bulgaria and Romania should contribute, in eight equal installments to win
on the dates referred to in paragraph 1, for the reserves and for the provisions equivalent to the
reservations, as well as for the amount that comes yet to be earmarked for the reserves and
provisions, constituted by the balance of the profit and loss account established at the end of the
month prior to accession, as appearing on the Bank's balance sheet, with amounts
corresponding to the following percentages of reserves and provisions 2 :
Bulgaria 0.181%
Romania 0.517%.
3. The capital and amounts provided for in heading No. 2 and 3 shall be paid by Bulgaria
and by Romania in cash and in euros, unless unanimously decided by unanimity
by the Board of Governors.
1 The mentioned values are indicative and are based on the data for 2003
published by Eurostat. 2 The mentioned values are indicative and are based on the data for 2003
published by Eurostat.
ARTICLE 26.
1. Bulgaria and Romania shall pay the following amounts to the Fund of
Research of Coal and Steel referred to in Decision 2002/234/CECA of the
Representatives of the Governments of the Member States, meeting in the Council,
of February 27, 2002, concerning the financial consequences of the cessation of
effective of the ECSC Treaty and the Research Fund for Coal and Steel 1 :
(EUR million, at current prices)
Bulgaria 11.95
Romania 29.88.
2. The contributions to the Research Fund for Coal and Steel are
carried out in four instalments beginning in 2009 and are paid in the following way,
always on the first working day of the first month of each year:
2009: 15%
2010: 20%
2011: 30%
2012: 35%.
ARTICLE 27.
1. As of the date of accession, contests, awards and payments
relating to pre-accession assistance under the Phare Programme 2 and of the program
Phare CBC 3 and assistance under the Transition Instrument to which the
1 OJ L 79, 3/22/2002, p. 42.
2 Council Regulation (EEC) No 3906/89 of December 18, 1989 on the
economic aid in favour of certain countries in Central and Eastern Europe (OJ L 375
of 12/23/1989, p. 11). Regulation with the last wording given by the
Regulation (EC) No 769/2004 (OJ L 123, 4/27/2004, p. 1). 3 Commission Regulation (EC) No 2760/98 of December 18, 1998 on the
implementation of a cross-border cooperation programme within the framework of the Phare programme
(OJ L 345, 12/19/1998, p. 49). Regulation as last amended by the Regulation (EC) No º1822/2003 (OJ L 267, 10/17/2003, p. 9).
article 31 will be managed, in Bulgaria and Romania, by implementing agencies to depart
of the date of accession.
The Commission shall renounce its ex-ante control of the tendering procedure and
award by the adoption of a decision for the purpose, following a
accreditation process carried out by the Commission and a positive assessment of the
Decentralized Enforcement System (EDIS), in accordance with the criteria and the
conditions set out in the Annex to Council Regulation (EC) No 1266/1999, of
June 21, 1999, concerning the coordination of assistance to candidate countries in the
scope of the pre-accession strategy and amending Regulation (EEC) No 3906/89 1 and in the
article 164 of the Financial Regulation applicable to the general budget of the Communities
Europeans 2 .
If such a decision by the Commission to waive ex-ante control is not taken before the
date of accession, contracts signed between the date of accession and the date on which it is taken
the decision of the Commission shall not be eligible for the purposes of the pre-accession assistance.
However, exceptionally, if the decision of the Commission to waive ex-control ex-
before it is postponed beyond the date of accession for reasons not attributable to the authorities of the
Bulgaria or of Romania, the Commission may accept, in duly justified cases, the
eligibility for the pre-accession assistance of contracts signed between the date of
accession and the date of the Commission's decision, and the continuation of pre-accession assistance
for a limited period, subject to ex-ante controls, by the Commission, of the process of
contest and award.
2. The financial authorisations granted before accession in the framework of
pre-accession financial instruments referred to in paragraph 1 as well as those granted in the
scope of the Transition Instrument referred to in Article 31º after accession, including the
completion and registration of individual legal authorizations and payments resulting therefrom
granted after the accession, will continue to be governed by the rules and regulations of the
pre-accession financing instruments and will be imputed to the respective
1 OJ L 161, 6/26/1999, p. 68.
2 Regulation (EC, Euratom) No 1605/2002 of the Council of 6/25/2002 (OJ L 248
of 9/16/2002, p. 1).
budget chapters up to the closure of the programmes and projects concerned. No
nevertheless, the stepping up of the proceedings on public procurement initiated after the
adhesion will elapsed under the terms of the applicable Community Directives.
3. The last programming exercise of the pre-accession assistance referred to in paragraph 1
will take place in the last year before the accession. The actions to be carried out in the framework of these
programmes have to be awarded in the following two years. They are not granted
extensions of the award period. By exceptional title and in duly cases
warranted, limited extensions may be granted for the execution of the
contracts.
Notwithstanding, in the first two years after the accession funds may be allowed
pre-accession to cover administrative expenses, as defined in paragraph 4. To
audit and evaluation expenses, pre-accession funds may be authorised up to five
years after accession.
4. In order to ensure the necessary gradual suppression of financial instruments
of pre-accession referred to in paragraph 1, as well as of the ISPA Programme 1 , the Commission may
take appropriate measures to ensure that the statutory staff required in the
Bulgaria and in Romania be held for a maximum period of nineteen months to
count of membership. During this period, the officials, the temporary agents and the
contractual agents placed in Bulgaria and Romania prior to accession and to whom it is
requested to remain in service in these States after the date of accession
will benefit, by exceptional title, of the same financial and material conditions
applied by the Commission prior to accession, pursuant to the Staff Regulations of Officials of the
European Communities and of the Conditions of Employment of Other Agents of these Communities,
set in Council Regulation (EEC, Euratom, ECSC) No 259/68 of the Council 2 . The expenses
administrative, including the salaries of the remaining personnel required, will be covered by the
rubric "gradual suppression of pre-accession assistance to the new Member States"
1 Council Regulation (EC) No 1267/1999 of June 21, 1999 establishing a
structural pre-accession instrument (OJ L 161, 6/26/1999, p. 73). Regulation with the
last amended given by Regulation (EC) No 769/2004 (OJ L 123
of 4/27/2004, p. 1). 2 OJ L 56, 3/4/1968, p. 1. Regulation with the last wording given by the
Regulation (EC, Euratom) No 723/2004 (OJ L 124, 4/27/2004, p. 1).
or by equivalent headings of the General Budget intervention area of the
European communities for enlargement.
ARTICLE 28.
1. The measures which, at the date of accession, have been the subject of decisions of the Commission
on assistance under the Regulation (EC) No 1267/1999, which creates a
structural pre-accession instrument, and the implementation of which has not been completed until
that date, shall be considered approved by the Commission pursuant to the Regulation
(EC) No 1164/94 of the Council of May 16, 1994 establishing the Fund for
Cohesion 1 . The monies that still have to be authorised for the purposes of the implementation
of these measures will be under the Regulation on the Cohesion Fund in
vigour on 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
a 5, apply to those measures the provisions governing the implementation of measures
approved under the terms of this last regulation.
2. Any procurement process relating to the measures referred to in paragraph 1 that, à
date of accession, has already been the subject of publication of an invitation for submission of
proposals in the Official Journal of the European Union will be implemented under the rules
predicted in that announcement. However, the provisions of Article 165 of the Article shall not apply.
Financial Regulation applicable to the general budget of the European Communities.
Any procurement process relating to the measures referred to in paragraph 1 that do not yet
has been the subject of publication of an invitation to tender in the
Official Journal of the European Union should comply with the provisions of the Treaties and too
acts adopted for its implementation and the Community policies, including those relating to
protection of the environment, transport, trans-European networks, competition and the
award of public contracts.
3. The payments made by the Commission within the framework of a measure referred to in the
n. 1 shall be charged to the oldest open endowment, first of all in the terms of the
1 OJ L 130, 5/25/1994. Regulation as last amended by the Act
of Accession of 2003 (OJ L 236, 9/23/2003, p. 33).
Regulation (EC) No 1267/1999 and only thereafter in the terms of the Regulation on the
Cohesion fund then in force.
4. The rules on the eligibility of expenditure under the Regulation (EC)
n. 1267/1999 shall continue to apply to 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
interested.
5. In exceptional and duly justified cases, the Commission may decide
authorize specific derogations from the rules applicable under the Regulation
relating to the Cohesion Fund in force at the date of accession with respect to the measures
referred to in paragraph 1.
ARTICLE 29.
In the case of the period of multiannual authorizations under the SAPARD programme 1
for the arborization of agricultural land, support for the establishment of clusters
of producers or the agro-environmental schemes to exceed the final permissible date for
payments under SAPARD, pending authorizations will be covered by the
rural development program for 2007-2013. If, in that scope, they are
necessary specific transitional measures, these shall be adopted pursuant to paragraph 2
of Article 50 of the Council Regulation (EC) No 1260/1999 of June 21
of 1999, which sets out general provisions on the Structural Funds 2 .
ARTICLE 30.
1. Bulgaria, after having closed definitively, for further decommissioning, the
Unit 1 and the Unit 2 of the Kozloduy Nuclear Power Plant before 2003, in
compliance with the commitments by you undertaken, commit to close
1 Council Regulation (EC) No 1268/1999 of June 21, 1999 on support
community for pre-accession measures in agriculture and rural development
in the candidate countries of Central and Eastern Europe during the pre-accession period (OJ L
161 of 6/26/1999, p. 87). Regulation with the last wording given by the
Regulation (EC) No 2008/2004 (OJ L 349, 11/25/2004, p. 12). 2 OJ L 161, 6/26/1999, p. 1. Regulation with the last wording given by the
Act of Accession of 2003 (OJ L 236, 9/23/2003, p. 33).
definitely Unit 3 and Unit 4 of the said plant in 2006, as well as the
proceed to the subsequent decommissioning of these units.
2. During the period from 2007 a to 2009, the Community will grant Bulgaria
financial assistance to support their decommissioning efforts and to address the
consequences of the closure and decommissioning of Units 1 a to 4 of Central
Nuclear from Kozloduy.
The assistance will cover, inter alia: measures to support the decommissioning of the Units
1 a to 4 of the Kozloduy Nuclear Power Central; environmental adaptation measures, according to
the acquis; measures for modernization of the sectors of production, transport and distribution
of conventional energy in Bulgaria; measures aimed at improving efficiency
energy, intensify the use of renewable energy sources and improve the
security of energy supply.
For the period from 2007 a to 2009, assistance will be raised to 210 million euros (the
prices of 2004) in commitment appropriations, to be allocated by equal annual instalments of 70
million euros (at prices of 2004).
Assistance, or parcels of it, can be made available as a contribution
community for the International Support Fund for Kozloduy Decommissioning, 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 pursuant to Council Decision 1999 /468/CE of 28 of
June 1999, which sets out the rules for the exercise of the implementing powers conferred
to the Commission 1 . For the purpose, the Commission shall be assisted by a Committee. Are applicable
articles 4 and 7 of Decision 1999 /468/CE. The time limit laid down in Article 4 (3) of the
Decision 1999 /468/CE is six weeks. The Committee shall adopt its internal regulation.
1 OJ L 184, 7/17/1999, p. 23 (Rectification: OJ L 269, 10/19/1999, p.45).
ARTICLE 31.
1. In the first year after accession, the Union shall provide financial assistance
temporary, hereinafter referred to as the "Transition Instrument", to Bulgaria and Romania for
the development and enhancement of its administrative and judicial capacity of
implementation and compliance with the Community legislation, as well as to foster the
exchange of good practice among peers. This assistance will fund projects of
institutional development and a limited number of small investments
subsidiary.
2. This assistance shall respond to the need to continue to strengthen the
institutional capacity in certain areas, through actions that cannot be
financed by the structural funds or rural development funds.
3. With regard to twinning projects between public administrations for
effects of institutional development, the procedure of
call for proposals through the network of contact points in the states-
Members, as set out in the framework agreements with Member States for
effects of pre-accession assistance.
The amount of commitment appropriations for the Transition Instrument, at prices of
2004, for Bulgaria and Romania, will be EUR 82 million in the first year after the
adherence to provide response to national and horizontal priorities. The appropriations will be
authorized by the budgetary authority within the limits of the Financial Perspectives.
4. The granting of assistance under the Transition Instrument will be
determined and implemented in the terms of Regulation (EEC) No 3906/89 of the
Council on Economic Aid in favour of certain Central European Countries
and Oriental.
ARTICLE 32.
1. A mechanism of financial flows and Schengen, temporary title, is created.
end of helping Bulgaria and Romania, between the date of accession and the end of 2009, the
to finance actions at the new external frontiers of the Union with a view to the implementation of the
Schengen acquis and controls at external borders, and in order to strengthen flows
financial from national budgets.
2. For the period 2007-2009, the following amounts will be made available (the
prices of 2004) to Bulgaria and Romania in the form of lump-sum payments to the
shelter from the temporary mechanism of financial flows and Schengen:
(EUR million, at prices of 2004)
2007 2008 2009
Bulgaria 121.8 59.1 58.6
Romania 297.2 131.8 130.8
3. At least 50% of the allocation of each country under the temporary mechanism of
financial and Schengen flows will be used to help Bulgaria and Romania to
to fulfil its obligation to finance actions at the new external borders of the Union,
with a view to the application of the Schengen acquis and controls at external borders.
4. You must be paid to Bulgaria and Romania a twelfth of each annual amount
on the first working day of each month of the corresponding year. The fixed amounts paid will be
used within three years from the first payment. No later than six
months from the expiry of that three-year term, Bulgaria and Romania should
submit a comprehensive report on the final implementation given to the fixed amounts paid to
title of the Schengen part of the temporary mechanism of financial flows and Schengen,
accompanied by a statement justifying the expenses. Any funds do not
used or used in an unjustified manner 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 future decisions of a political character, the overall amount of the
commitment appropriations for structural actions to be made available to Bulgaria and Romania
during the triennium 2007-2009 will be as follows:
(EUR million, at prices of 2004)
2007 2008 2009
Bulgaria 539759 1002
Romania 1399 1972 2603
2. During the triennium 2007-2009, the scope and nature of interventions in the framework
of these fixed appropriations shall be determined on the basis of the provisions then applicable to
expenditure relating to structural actions.
ARTICLE 34.
1. In addition to the regulations on rural development in force at the date
of the accession, the provisions set out in Sections I to III of Annex VIII shall apply to the
Bulgaria and Romania during the period 2007 a to 2009 and the financial arrangements
specific set out in Section IV of Annex VIII shall apply to Bulgaria and to
Romania over the entire programming period from 2007 a to 2013.
2. Without prejudice to future decisions of a political character, the commitment appropriations
of the EAGF-Section Guarantee-for the rural development of Bulgaria and Romania
during the triennium 2007-2009 amounted to EUR 3041 million (at prices of 2004).
3. The implementing rules required for the application of the provisions of Annex VIII shall be
adopted in accordance with Article 50 (2) of Regulation (EC) No 1260/1999.
4. The Council, acting by a qualified majority, on a proposal from the Commission and
after consultation with the European Parliament, it shall, where necessary, make the adaptation
of the provisions of Annex VIII in order to ensure congruence with the regulations
relative to rural development.
ARTICLE 35.
The amounts referred to in articles 30, 31, 32, 33 and 34 are adjusted annually
by the Commission, in line with the price movements, in the framework of
annual technical adjustments of the Financial Perspectives.
Title IV
OTHER PROVISIONS
ARTICLE 36.
1. If, by the end of a period of three years from the accession, they arise
serious difficulties and likely to persist in a sector of economic activity or
determine a serious deterioration of the economic situation of a given region, the
Bulgaria or Romania may ask for it to be allowed to take protective measures
to enable it to rebalance the situation and adapt the sector in question to the economy of the
internal market.
Under the same conditions, any current Member State may ask that it be
authorized to take protective measures in respect of Bulgaria, Romania or both
the States.
2. At the request of the State concerned, the Commission determines, by procedure
of urgency, the protective measures that it considers necessary, specifying the
conditions and rules of their application.
In the event of serious economic difficulties and at the express request of the Member State
interested, the Commission deliberates within five working days of the receipt of the
request, accompanied by the respective elements of appreciation. The measures decided
are immediately applicable, must meet the interests of all parties
interested and should not involve border controls.
3. The measures authorized under paragraph 2 may behave waivers from
standards of the EC Treaty and of this Act, up to the limit and during the time limits strictly
necessary to achieve the objectives set out in paragraph 1. Priority should be given to the
measures that involve the minimum of disturbances in the functioning of the market
internal.
ARTICLE 37.
If Bulgaria or Romania has failed to comply with the commitments made in the
context of the accession negotiations, including those assumed in any of the policies
sectoral concerns that concern economic activities with cross-border incidence,
thus giving rise to a serious disturbance or a risk of serious disturbance of the
operation of the internal market, the Commission may, upon reasoned request
of a Member State or on its own initiative, take appropriate measures, during a
maximum period of three years from the accession.
Measures should be proportionate, giving priority to those that cause less
disturbance in the operation of the internal market and, if appropriate, to the application of the
sector-specific safeguards mechanisms. These safeguard measures do not
should be invoked as means of arbitrary discrimination or concealed restriction
of trade between Member States. The safeguard clause can be invoked
even before the accession on the basis of the findings of the monitoring, and the
measures adopted to enter into force as soon as the first day of the accession, unless
establish a later date. The measures cannot be maintained for a period
superior to the strictly necessary and must be, in any way, raised when
has been met the commitment in question, and may, however, be applied for beyond
of the period specified in the first paragraph as long as no
pertinent commitments. In response to the progress made by the new state-
Member concerned in the fulfilment of its commitments, the Commission may adapt
the measures as appropriate. The Commission shall inform the Council in time
useful before revoking safeguard measures, having duly taken into account any
observations of the Council in this regard.
ARTICLE 38.
If in Bulgaria or Romania if you check in or there is an imminent risk of
check for serious gaps in transposition, the state of the application or the implementation of the
framework decisions or any other commitments, instruments of cooperation and
decisions on mutual recognition in the field of criminal law adopted to the
under Title VI of the EU Treaty and the directives and regulations related to the
mutual recognition in civil matters under Title IV of the EC Treaty, the
Commission may, upon a reasoned request from a Member State or by its
own initiative, and after consultation with Member States, take appropriate action and
specify the conditions and rules of application of such measures for a period
maximum three years from the accession.
Such 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 a narrow
judicial cooperation. The safeguard clause can be invoked even before the
accession, on the basis of the findings of the monitoring, and the measures adopted
come into force soon on the first day of the accession, unless they establish a date
later. The measures may not be maintained for a period higher than strictly
necessary and should be, in any case, raised when the gaps have been
braced, and may, however, be applied beyond the period specified in the
first paragraph as long as these loopholes remain. In response to the
progress made by the new Member State concerned in rectifying the gaps
detected, the Commission may adapt the measures as appropriate, after consultation
to Member States. The Commission shall inform the Council in good time before it
revoke the safeguard measures by taking due account of any observations
of the Council in this regard.
ARTICLE 39.
1. If, on the basis of the continuous monitoring, by the Commission, of the commitments
assumed by Bulgaria and Romania in the context of the accession negotiations, and in
special in the monitoring reports of the Commission, clearly rank that the
state of the preparations for the adoption and implementation of the acquis in Bulgaria or in the
Romania implies a serious risk of any of these states not being
manifestly prepared to comply with the requirements necessary to become a member
of the EU up to the date of accession-January 1, 2007-in a number of important fields, the
Council may, acting unanimously on the basis of a recommendation from the
Committee, to decide that the date of accession of that country be postponed by one year, i.e. to
January 1, 2008.
2. Notwithstanding paragraph 1, the Council may, acting by a qualified majority, with
basis on a recommendation from the Commission, to make the decision referred to in paragraph 1 in respect of
Romania if serious gaps have been observed in compliance, on the part of this
country, of one or several of the commitments and requirements listed in Annex IX, Part I.
3. Notwithstanding paragraph 1 and without prejudice to Article 37, the Council may, acting on
by qualified majority on the basis of a recommendation from the Commission and after
proceed, in the autumn of 2005, to a circumstantial assessment of progress
performed by Romania in the field of competition policy, make the decision
referred to in paragraph 1 with respect to Romania if serious gaps have been observed in the
compliance, on the part of this country, of the obligations assumed under the Agreement
European 1 or of one or several of the commitments and requirements listed in Annex IX,
part II.
4. In the eventuality of a decision being made under the n. ºs 1, 2 or 3, the
Council, acting by a qualified majority, shall decide immediately from
adaptations of this Act, as well as of its Annexes and Appendices, which become
indispensable to introduce due to the decision of adjournment.
ARTICLE 40.
In order not to disturb the correct functioning of the internal market, the application of the
internal standards of Bulgaria and Romania during the transitional periods referred to in the
1 European Agreement establishing an Association between the European Communities and their
Member States, on the one hand, and Romania, on the other hand (OJ L 357, 12/31/1994, p. 2).
Annexes VI and VII shall not lead to border controls between States-
Members.
ARTICLE 41.
If transitional measures are needed to facilitate the passage of the existing regime
in Bulgaria and Romania for the scheme arising from the application of agricultural policy
common in the conditions set out in this Act, such measures shall be adopted
by the Commission in accordance with Article 25 (2) of the Regulation (EC) No 1784/2003
of the Council of September 29, 2003 establishing the common organization of
market in the cereals sector 1 , or, where appropriate, of the corresponding articles
of the other regulations establishing the common market organisations in the sector
agricultural, or according to the procedure determined by the applicable legislation. The measures
transitional referred to in this Article may be taken during a period of three
years from the date of accession, with its application being limited to that period. The
Council, acting unanimously on a proposal from the Commission and after consultation with the
European Parliament, may extend that period.
The transitional measures relating to the implementation of the acts on agricultural policy
common not specified in this Act, made necessary as a result of the
accession, shall be adopted before the date of accession by the Council, acting by
qualified majority on a proposal from the Commission, or, if they affect instruments
initially adopted by the Commission, by this institution under the procedure
required for the adoption of the instruments in question.
ARTICLE 42.
If transitional measures are needed to facilitate the passage of the existing regime
in Bulgaria and Romania for the scheme arising from the application of the legislation
community in the veterinary, phytosanitary and food safety field, those
measures shall be adopted by the Commission in accordance with the procedure determined by the
1 OJ L 270, 10/21/2003, p. 78.
applicable legislation. Such measures are taken over a period of three years to
counting from the date of accession, with its application being limited to that period.
FIFTH PART
PROVISIONS RELATING TO THE APPLICATION OF THIS ACT
Title I
ESTABLISHMENT OF INSTITUTIONS AND BODIES
ARTICLE 43.
The European Parliament shall introduce in its Rules the necessary adaptations in
consequence of accession.
ARTICLE 44.
The Council shall introduce in its Rules of Procedure the necessary adaptations in
consequence of accession.
ARTICLE 45.
You must be appointed as a member of the Commission a national of each of the new
Member States, as of the date of accession. The new members of the Commission are
appointed by the Council, acting by a qualified majority and by mutual agreement with
the President of the Commission, after consultation with the European Parliament.
The tenure of such members at the same time as that of the members in office at the
date of accession.
ARTICLE 46.
1. Two new judges must be appointed to the Court of Justice and two new
judges for the Court of First Instance.
2. The term of office of one of the judges of the Court of Justice appointed pursuant to paragraph 1
cesses on October 6, 2009. That judge must be chosen by drawing draw. The mandate of the
another judge to cesses on October 6, 2012.
The term of office of one of the judges of the Court of First Instance appointed pursuant to the
n. 1 cesses on August 31, 2007. That judge must be chosen by drawing draw. The
term of the other judge cesses on August 31, 2010.
3. The Court of Justice shall introduce in its Rules of Procedure the
adaptations necessary as a result of adherence.
The Court of First Instance, of common accord with the Court of Justice, shall
to introduce in its Rules of Procedure the necessary adaptations in consequence
of the accession.
The Process Regulations thus adapted must be approved by the Council,
acting by a qualified majority.
4. For trial of the pending proceedings in the Courts at the date of accession, the
oral phase has been initiated before that date, the Full Courts or Sections must
meet with the composition they had prior to accession and apply the Regulations of
Process in force on the day before the date of accession.
ARTICLE 47.
The Court of Auditors shall be increased with the appointment of two new members,
with a term of six years.
ARTICLE 48.
The Economic and Social Committee should be increased by the appointment of twenty seven
members, representative of the various sectors of the economic and social life of society
organized civil society of Bulgaria and Romania. The mandate of these members cesses to the same
time that of the members in office at the date of accession.
ARTICLE 49.
The Committee of the Regions shall be increased by the appointment of twenty seven members,
representative of the regional and local territorial legal persons of Bulgaria and of the
Romania, being either holders of an electoral mandate at the regional or local level, wants
politically accountable to an elected assembly. The mandate of these members
cesses at the same time as that of the members in office at the date of accession.
ARTICLE 50.
The adaptations of the statutes and internal regulations of the committees established by the
Originating treaties, necessary as a result of the accession, shall be carried out soon
which possible after accession.
ARTICLE 51.
1. The new members of the committees, groups and other bodies set up by the
Treaties or by an act of the institutions shall be named in the conditions and in the terms
provided for the appointment of the members of these committees, groups and other bodies. The
mandate of the newly appointed members cesses at the same time as that of the
members in office at the date of accession.
2. The composition of the committees or groups created by the Treaties or by an act of the
institutions with a number of members fixed independently of the number of
Member States shall be fully renewed at the date of accession, unless the
tenure of the current members within one year of the accession.
Title II
APPLICABILITY OF ACTS OF THE INSTITUTIONS
ARTICLE 52.
From the accession, Bulgaria and Romania are considered to be the addresships of the directives
and decisions, within the meaning of Article 249 of the EC Treaty and of Article 161 of the Treaty
CEEA, provided that all current Member States have been recipients of such
directives and decisions. With the exception of the directives and decisions that have entered into
vigour pursuant to Article 254 (254) and (2) of the EC Treaty, it shall be deemed to
Bulgaria and Romania have been notified of such directives and decisions at the date of accession.
ARTICLE 53.
1. Bulgaria and Romania shall put into force, as of the date of accession, the
measures necessary to comply with the provisions of the directives and decisions, in the
Meaning of Article 249 of the EC Treaty and Article 161 of the CEEA Treaty, unless
is set another deadline in this Act. They shall communicate such measures to the Commission
no later than the date of accession or, where applicable, up to the date-limit fixed in the present
Act.
2. To the extent that the amendments made by this Act in the Directives,
within the meaning of Article 249 of the EC Treaty and Article 161 of the CEEA Treaty, require the
modification of the laws, regulations and administrative provisions of States-
Current members, these must put in place the necessary measures to give
compliance with the amended directives from the date of accession, unless it is fixed
other time limit in this Act. They shall communicate such measures to the Commission the most
not later than the date of accession or until the date-limit set out in this Act, if this is later.
ARTICLE 54.
The laws, regulations and administrative provisions designed to ensure the
protection of the health of workers and the general population against the dangers
resulting from the ionizing radiation in the territory of Bulgaria and Romania must, in the
terms of Article 33 of the CEEA Treaty, be communicated by those States to the Commission,
within three months of the accession.
ARTICLE 55.
Upon request duly substantiated by Bulgaria or Romania
submitted to the Commission at the latest on the date of accession, the Council, acting under
proposal of the Commission, or the Commission, if the initial act has been adopted by this
institution, it may take measures that consist of temporary derogations from acts of the
institutions adopted between October 1, 2004 and the date of accession. The measures will be
adopted in accordance with the voting rules governing the adoption of the act in relation to the
which is requested a temporary waiver. Whenever such waivers are
adopted after the accession can be applied from the date of accession.
ARTICLE 56.
Where the acts of the institutions, adopted before accession, should be adapted
by virtue of the accession, and the necessary adaptations are not foreseen in the present
Act or in its Annexes, the Council, acting by a qualified majority on a proposal
of the Commission, or the Commission, if the initial act has been adopted by this institution,
will adopt the acts necessary for that purpose. Whenever these adaptations are
adopted after the accession can be applied from the date of accession.
ARTICLE 57.
Unless otherwise stipulated, the Council shall, acting by a qualified majority under
proposal of the Commission, shall adopt the measures necessary to implement the provisions of the
this Act.
ARTICLE 58.
The texts of the acts of the institutions and of the European Central Bank adopted before the
accession and drawn up by the Council, the Commission or the European Central Bank in the
Bulgarian and Romanian languages shall make faith, as of the date of accession, under the same conditions
that the texts drawn up in the current official languages. These texts must be published
in the Official Journal of the European Union, where the texts in the present languages also the
have been.
Title III
FINAL PROVISIONS
ARTICLE 59.
Annexes I to IX and their Appendices shall form an integral part of this Act.
ARTICLE 60.
The Government of the Italian Republic shall refer to the Governments of the Republic of Bulgaria and of the
Romania a certified copy of the Treaty of the European Union, of the Treaty establishing a
European Community and of the Treaty establishing the European Energy Community
Atomic as well as of the Treaties which amended them or supplemented them, specifically the
Treaty relating to the accession of the Kingdom of Denmark, Ireland and the United Kingdom of Gran-
Brittany and Northern Ireland, the Treaty on the accession of the Hellenic Republic, the
Treaty relating to the accession of the Kingdom of Spain and the Portuguese Republic, the Treaty
on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of the
Sweden, and the Treaty on the accession of the Czech Republic, of the Republic of Estonia, of the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of
of Hungary, of the Republic of Malta, of the Republic of Poland, of the Republic of Slovenia
and of the Slovak Republic in the German, Czech, Danish, Slovenian, Slovenian languages,
Spanish, Estonian, Finnish, French, Greek, Hungarian, English, Irish, Italian, Latvian,
Lithuanian, Maltesa, Dutch, Polish, Portuguese and Swedish.
The texts of those Treaties, drawn up in the Bulgarian and Romanian languages, come annexed to the
this Act. Such texts shall be authentic under the same conditions as the texts of the Treaties
referred to in the first paragraph, drawn up in the current languages.
ARTICLE 61.
The Secretary-General of the Council shall refer to the Governments of the Republic of Bulgaria and the
Romania an authenticated 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 adhere at the time of accession
(as referred to in Article 3 (3) of the Act of Accession)
1. Convention of June 19, 1980 on the law applicable to contractual obligations,
open to signing in Rome on June 19, 1980 (OJ L 266, 10/9/1980,
p. 1)
-Convention of April 10, 1984 on the accession of the Hellenic Republic
to the Convention on the law applicable to contractual obligations, open to
signature in Rome on June 19, 1980 (OJ L 146, 5/31/1984, p. 1)
-First Protocol of December 19, 1988 on the interpretation by the
Court of Justice of the European Communities of the Convention on the Law
applicable to contractual obligations, open to signature in Rome at
June 19, 1980 (OJ L 48, 2/20/1989, p. 1)
-Second Protocol of December 19, 1988 that assigns to the Court of
Justice of the European Communities certain skills in matter
of interpretation of the Convention on the law applicable to obligations
contractual, open to signature in Rome on June 19, 1980 (OJ L 48
of 2/20/1989, p. 17)
-Convention of May 18, 1992 on the accession of the Kingdom of Spain and
of the Portuguese Republic to the Convention on the law applicable to obligations
contractual, open to signature in Rome on June 19, 1980 (OJ L 333
of 11/18/1992, p. 1)
-Convention of November 29, 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, open to signature in Rome in
June 19, 1980, as well as the first and second relative protocols
to its interpretation by the Court of Justice (OJ C 15, 1/15/1997, p. 10)
2. Convention of July 23, 1990 on the elimination of double taxation in
case of correction of profits between associated companies (OJ L 225, 8/20/1990,
p. 10)
-Convention of December 21, 1995 on the accession of the Republic of
Austria, the Republic of Finland and the Kingdom of Sweden to the Convention
on the elimination of double taxation in the event of a correction of profits
between associated companies (OJ C 26, 1/31/1996, p. 1)
-Protocol of May 25, 1999 amendment to the Convention of July 23
of 1990, relating to the elimination of double taxation in the event of a correction of
profits between associated companies (OJ C 202, 7/16/1999, p. 1)
3. Convention of July 26, 1995, established on the basis of Article K. 3 of the
Treaty of the European Union, concerning the protection of financial interests of the
Communities (OJ C 316, 11/27/1995, p. 49)
-Protocol of September 27, 1996, established on the basis of Article K. 3
of the Treaty on European Union, of the Convention on the Protection of the
financial interests of the European Communities (OJ C 313
of 10/23/1996, p. 2)
-Protocol of November 29, 1996, established on the basis of Article K. 3
of the Treaty on European Union, relating to the interpretation of a preliminary ruling
by the Court of Justice of the European Communities of the Convention on
to the protection of the financial interests of the European Communities (OJ
C 151 of 5/20/1997, p. 2)
-Second Protocol of June 19, 1997, established on the basis of the article
K. 3 of the Treaty on European Union, of the Convention on the Protection of
Financial Interests of the European Communities (OJ C 221, 7/19/1997,
p. 12)
4. Convention of July 26, 1995, drawn up on the basis of Article K. 3 of the Treaty
of the European Union setting up a European Police Service (Europol Convention)
(OJ C 316, 11/27/1995, p. 2)
-Protocol of July 24, 1996, established on the basis of Article K. 3 of the
Treaty of the European Union, relating to the interpretation of a preliminary ruling by the
Court of Justice of the European Communities of the Convention creating a
European Police Service (OJ C 299, 10/9/1996, p. 2)
-Protocol of June 19, 1997, established on the basis of Article K. 3 of the
Treaty of the European Union and Article 41 (3) of the Europol Convention,
on the privileges and immunities of Europol, of the members of its
organs, of their directors-adjoining and agents (OJ C 221, 7/19/1997, p. 2)
-Protocol of November 30, 2000 established on the basis of paragraph 1 of the
article 43 of the Convention establishing a European Police Service
(Europol Convention) and amending Article 2 and the Annex to that Convention
(OJ C 358, 12/13/2000, p. 2)
-Protocol of November 28, 2002 amending the Convention which creates a
European Police Service (Europol Convention) and the Protocol on the
privileges and immunities of Europol, of the members of its organs, of the
its Directors-adjoining and agents (OJ C 312, 12/16/2002, p. 2)
-Protocol of November 27, 2003, established on the basis of paragraph 1 of the
article 43 of the Convention establishing a European Police Service
(Europol Convention), amending that convention (OJ C 2, 1/6/2004, p. 3)
5. Convention of July 26, 1995, drawn up on the basis of Article K. 3 of the Treaty
of the European Union, on the use of informatics in the customs field (OJ
C 316 of 11/27/1995, p. 34)
-Protocol of November 29, 1996, established on the basis of Article K. 3
of the Treaty on European Union, relating to the interpretation of a preliminary ruling
by the Court of Justice of the European Communities of the Convention on the
use of informatics in the customs field (OJ C 151, 5/20/1997,
p. 16)
-Protocol of March 12, 1999, established on the basis of Article K. 3 of the
Treaty of the European Union, relating to the scope of the concept of
money laundering in the Convention on the use of computing
in the customs field and the inclusion of the registration number of the medium of
transport in the list of data of the convention (OJ C 91, 3/31/1999, p. 2)
-Protocol of May 8, 2003, established under Article 34 of the
Treaty of the European Union, amending, with regard to the creation of a
file for identification of customs inquiry processes, the Convention
on the use of informatics in the customs field (OJ C 139
of 6/13/2003, p. 2)
6. Convention of May 26, 1997, established on the basis of paragraph 2 (c) of the
article K. 3 of the Treaty on European Union, concerning the fight against corruption in
that are implicated officials of the European Communities or of the States-
-Members of the European Union (OJ C 195, 6/25/1997, p. 2)
7. Convention of December 18, 1997, established on the basis of Article K. 3 of the
Treaty of the European Union, on mutual assistance and cooperation between the
customs administrations (OJ C 24, 1/23/1998, p. 2)
8. Convention of June 17, 1998, established on the basis of Article K. 3 of the
Treaty of the European Union, concerning the decisions of driving inhibition (OJ C 216
of 7/10/1998, p. 2)
9. Convention of May 29, 2000, drawn up by the Council in accordance
with Article 34 of the Treaty on European Union, concerning legal aid
mutual in criminal matters between the Member States of the European Union (OJ C 197
of 7/12/2000, p. 3)
-Protocol of October 16, 2001 of the Convention on aid
mutual judiciary in criminal matters between the Member States of the Union
European, drawn up by the Council in accordance with Article 34 of the Treaty on
European Union (OJ C 326, 11/21/2001, p. 2)
________________
ANNEX II
List of the provisions of the integrated Schengen acquis
within the framework of the European Union
and of the acts in it based or in some way with it related
that binds the new Member States and are applicable
in these States as of the date of accession
(as referred to in Article 4 (1) of the Act of Accession)
1. The Agreement between the Governments of the States of the Benelux Economic Union, of the
Federal Republic of Germany and the French Republic, concerning the gradual abolition
of checks at the common borders, of June 14, 1985 1 .
2. The following provisions of the Convention of Application of the Schengen Agreement,
of June 14, 1985, concerning the gradual abolition of border controls
common, signed in Schengen on June 19, 1990 2 , the respective Final Act and
common statements, amended by some of the acts listed in section 8 below:
Article 1, in so far as it refers to the provisions of this paragraph; articles 3 para.
to 7, excluding point (d) of Article 5 (1); 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, in so far as
refer to the provisions of this paragraph; and Article 136; Joint statements 1 and 3 of the
Act Final.
3. The following provisions of the Accession Agreements to the Convention of Application of the
Schengen Agreement of June 14, 1985 on the gradual abolition of the
controls at the common borders, signed in Schengen on June 19, 1990, the
respective final minutes and the accompanying statements, changed by some of the
acts listed in section 8 below:
1 OJ L 239, 9/22/2000, p. 13.
2 OJ L 239, 9/22/2000, p. 19. Convention with the last wording given by the
Council Regulation (EC) No 871/2004 of the Council (OJ L 162, 4/30/2004, p. 29).
a) Agreement signed on November 27, 1990 on the accession of the Republic
Italian:
-Article 4,
-Joint Declaration 1 in Part II of the Final Act;
(b) Agreement signed on June 25, 1991 on the accession of the Kingdom of
Spain:
-Article 4,
-Joint Declaration 1 in Part II of the Final Act,
-Declaration 2 in Part III of the Final Act;
c) Agreement signed on June 25, 1991 on the accession of the Republic
Portuguese:
-Articles 4, 5 and 6,
-Joint Declaration 1 in Part II of the Final Act;
d) Agreement signed on November 6, 1992 on the accession of the Republic
Helical:
-Articles 3, 4 and 5,
-Joint Declaration 1 in Part II of the Final Act,
-Declaration 2 in Part III of the Final Act;
e) Agreement signed on April 28, 1995 on the accession of the Republic of
Austria:
-Article 4,
-Joint Declaration 1 in Part II of the Final Act;
f) Agreement signed on December 19, 1996 on the accession of the Kingdom of
Denmark:
-Article 4 (2) of Article 5 and Article 6,
-Common Statements 1 and 3 in Part II of the Final Act;
g) Agreement signed on December 19, 1996 on the accession of the Republic of
Finland:
-Articles 4 and 5,
-Common Statements 1 and 3 in Part II of the Final Act,
-Statement by the Government of the Republic of Finland on the Åland Islands in the
Part III of the Final Act;
h) Agreement signed on December 19, 1996 on the accession of the Kingdom of
Sweden:
-Articles 4 and 5,
-Common Statements 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 May 18, 1999 concluded by the Council of the European Union with a
Republic of Iceland and the Kingdom of Norway pertaining to the association of the two States
the implementation, application and development of the Schengen acquis, including
the Attachments, the Final Act, the declarations and the exchanges of letters attached 1 , approved
by Council Decision 1999 /437/CE 2 ,
-Agreement of June 30, 1999 concluded by the Council of the European Union with
the Republic of Iceland and the Kingdom of Norway that defines the rights and the
bonds between, on the one hand, Ireland and the United Kingdom of Great Britain and the
Northern Ireland and, on the other, the Republic of Iceland and the Kingdom of Norway, in the
domains of the Schengen acquis applicable to those States 3 , approved by the
Decision 2000 /2900/CE of the Council 4 ,
-Agreement signed on October 25, 2004 by the Council of the European Union and
by the Swiss Confederation concerning the Association of the Swiss Confederation, à
implementation, application and development of the Schengen acquis 5 .
1 OJ L 176, 7/10/1999, p. 36.
2 OJ L 176, 7/10/1999, p. 35.
3 OJ L 15, 1/20/2000, p. 2.
4 OJ L 15, 1/20/2000, p. 1.
5 As it is still pending the conclusion of this Agreement, as it applies to
provisional title.
5. The provisions of the following decisions of the Executive Committee established by the
Convention of Application of the Schengen Agreement of June 14, 1985 on the
gradual removal of controls at the common borders, signed in Schengen on
June 19, 1990, amended by some of the acts listed in section 8 below:
SCH/Com-ex (93) 10 Decision of the Executive Committee of December 14, 1993
on the statements of the Ministers and Secretaries of State
SCH/Com-ex (93) 14 Decision of the Executive Committee of December 14, 1993
on the improvement of the practice of judicial cooperation in relation to the fight against the
illicit trafficking in narcotics
SCH/Com-ex (94) 16 rev. Decision of the Executive Committee of November 21, 1994
on the acquisition of common input and output stamps
SCH/Com-ex (94) 28 rev. Decision of the Executive Committee of December 22, 1994
on the medical certificate required for the transport of narcotic drugs and / or
psychotropic substances
SCH/Com-ex (94) 29, 2 th rev. Decision of the Executive Committee of December 22
of 1994 on the entry into application of the Schengen Application Convention
of June 19, 1990
SCH/Com-ex (95) 21 Decision of the Executive Committee of December 20, 1995
on the exchange of statistics and concrete data that may reveal dysfunctions in the
external borders
SCH/Com-ex (98) 1, 2 th rev. Decision of the Executive Committee of April 21, 1998
on the report of activities of the Task Force, as it refers to the
provisions of section 2 above
SCH/ Com-ex (98) 26 def. Decision of the Executive Committee of September 16, 1998
on the establishment of a Standing Committee on Evaluation and Application of
Schengen
SCH/Com-ex (98) 35, 2 th rev. Decision of the Executive Committee of September 16, 1998
on the transmission of the Common Manual to the states with which they are taking place
concrete negotiations of accession to the European Union
SCH/Com-ex (98) 37 def. 2 Decision of the Executive Committee of October 27, 1998
on the adoption of measures to fight against illegal immigration, to the extent that
refer to the provisions of section 2 above
SCH/Com-ex (98) 51, 3 th rev. Decision of the Executive Committee of December 16
of 1998 on police cooperation in prevention and research of
facts punishable
SCH/Com-ex (98) 52 Decision of the Executive Committee of December 16, 1998
on the Vade-Mécum of the Cross-border Police Cooperation, to the extent that if
refer to the provisions of section 2 above
SCH/Com-ex (98) 57 Decision of the Executive Committee of December 16, 1998
on the introduction of a uniform document proving the invitation, of the term of
liability or certificate of commitment to accommodation
SCH/Com-ex (98) 59 rev. Decision of the Executive Committee of December 16, 1998
on the coordinated intervention of advisors in documentation
SCH/Com-ex (99) 1, 2 th rev. Decision of the Executive Committee of April 28, 1999
on the situation on drugs
SCH/Com-ex (99) 6 Decision of the Executive Committee of April 28, 1999 on the
acquis Telecom
SCH/Com-ex (99) 7, 2 th rev. Decision of the Executive Committee of April 28, 1999
on the liaison officers
SCH/Com-ex (99) 8, 2 th rev. Decision of the Executive Committee of April 28, 1999
on the general principles of remuneration for informants
SCH/Com-ex (99) 10 Decision of the Executive Committee of April 28, 1999 on the
illicit trafficking in arms
SCH/Com-ex (99) 13 Decision of the Executive Committee of April 28, 1999 on the
definitive versions of the Common Consular Instruction and the Common Manual:
-Attachments 1-3, 7, 8 and 15 of Common Consular Instruction
-The Common Manual, in so far as it refers to the provisions of paragraph 2 above,
including Attachments 1, 5, 5A, 6, 10 and 13
SCH/Com-ex (99) 18 Decision of the Executive Committee of April 28, 1999 on the
police cooperation in relation to prevention and investigation of punishable facts
6. The following statements of the Executive Committee established by the Convention of
Application of the Schengen Agreement of June 14, 1985 on the gradual abolition
of the controls at the common borders, signed in Schengen on June 19, 1990, in the
measure in which to refer to the provisions of section 2 above:
SCH/Com-ex (96) 6, 2 th rev. Statement of the Executive Committee of June 26, 1996
on extradition
SCH/Com-ex (97) 13, 2 th rev. Statement of the Executive Committee of February 9
of 1998 relative to the abduction of minors
7. The following decisions of the Central Group established by the Convention of Application
of the Schengen Agreement of June 14, 1985 on the gradual abolition of the
controls at the common borders, signed in Schengen on June 19, 1990, in the
measure in which to refer to the provisions of section 2 above:
SCH/C (98) 117 Decision of the Central Group of October 27, 1998 on the
adoption of measures to fight against illegal immigration
SCH/C (99) 25 Decision of the Central Group of March 22, 1999 on the
general principles of remuneration for informants.
8. The following acts based on the Schengen acquis or some way with it
related:
Council Regulation (EC) No 1683/95 of May 29, 1995 laying down a
model-type of visa (OJ L 164, 7/14/1995, p. 1)
Council Decision 1999 /307/CE of May 1, 1999 laying down the
modalities of integration of the Schengen Secretariat into the General Secretariat of the
Council (OJ L 119, 5/7/1999, p. 49)
Decision 1999 /435/CE of the Council of May 20, 1999 on the definition of the
Schengen acquis with a view to determining, pursuant to the relevant provisions of the
Treaty establishing the European Community and of the Treaty on European Union, the
legal grounds for each of the provisions or decisions that constitute it (OJ
L 176 of 7/10/1999, p. 1)
Council Decision 1999 /436/CE of May 20, 1999, which determines, in the terms
of the relevant provisions of the Treaty establishing the European Community and of the Treaty
of the European Union, the legal basis of each of the provisions or decisions that
constitute the Schengen acquis (OJ L 176, 7/10/1999, p. 17)
Decision 1999 /437/CE of the Council of May 17, 1999 on certain
rules for the implementation of the Agreement concluded by the Council of the European Union with a
Republic of Iceland and the Kingdom of Norway concerning the association of the two States à
implementation, application and development of the Schengen acquis (OJ L 176
of 7/10/1999, p. 31)
Decision 1999 /848/CE of the Council of December 13, 1999 on full
entry into force of the Schengen acquis in Greece (OJ L 327, 12/21/1999, p. 58)
Council Decision 2000 /365/CE of May 29, 2000 on the request of the Kingdom
United Kingdom of Great Britain and Northern Ireland to participate in some of the
provisions of the Schengen acquis (OJ L 131, 6/1/2000, p. 43)
Council Decision 2000 /586/JAI of September 28, 2000 establishing a
procedure for amending paragraphs 4 and 5 of Article 40 (7) and paragraph 2 (2)
of Article 65 of the Convention on the application of the Schengen Agreement of June 14
of 1985, concerning the gradual abolition of checks at the common borders (OJ L 248
of 10/3/2000, p. 1)
Decision 2000 /751/CE of the Council of November 30, 2000 on the
declasgrading of certain parts of the Common Manual adopted by the Committee
Executive, established by the Convention of the Application of the Schengen Agreement
of June 14, 1985 (OJ L 303, 12/2/2000, p. 29)
Council Decision 2000 /777/CE of December 1, 2000 on entry to
application of the Schengen acquis in Denmark, Finland and Sweden, as well as in the
Iceland and in Norway (OJ L 309, 10/9/2000, p. 24)
Council Regulation (EC) No 539/2001 of March 15, 2001 laying down the list
of the third countries whose nationals are subject to the visa requirement to carry
the external borders and the list of the third countries whose nationals are exempt from that
obligation (OJ L 81, 3/21/2001, p. 1)
Council Regulation (EC) No 789/2001 of April 24, 2001, which reserves the
Advice to implement competence in relation to certain provisions of
details and practical procedures for the analysis of visa applications (OJ L 116
of 4/26/2001, p. 2)
Council Regulation (EC) No 790/2001 of April 24, 2001, which reserves the
Advice to implement competence in relation to certain rules of implementation and
practical procedures for the application of control and border surveillance (OJ L 116
of 4/26/2001, p. 5)
Council Decision 2001 /329/CE of April 24, 2001 on the update of the
Part VI and Annexes 3, 6 and 13 of the Common Consular Instruction, as well as of the
Annexes 5a), 6a) and 8 of the Common Manual (OJ L 116, 4/26/2001, p. 32), to the extent in
that refers to Annex 3 of the Common Consular Instruction or Annex 5a) of the Handbook
Common
Council Directive 2001 /51/CE of June 28, 2001, which completes the
provisions of Article 26 of the Convention of the Application of the Schengen Agreement
of June 14, 1985 (OJ L 187, 7/10/2001, p. 45)
Decision 2001 /886/JAI of the Council of December 6, 2001 on the
development of the second generation of the Schengen Information System (SIS II)
(OJ L 328, 12/13/2001, p. 1)
Council Regulation (EC) No 2414/2001 of December 7, 2001 amending the
Regulation (EC) No 539/2001 laying down the list of third countries whose nationals
are subject to the visa requirement to carry the external borders and the list of the
third countries whose nationals are exempt from that obligation (OJ L 327, 12/12/2001,
p. 1)
Council Regulation (EC) No 2424/2001 of December 6, 2001 on the
development of the second generation of the Schengen Information System (SIS II)
(OJ L 328, 12/13/2001, p. 4)
Council Regulation (EC) No 333/2002 of February 18, 2002 on a
uniform model of printed for the affixing of visas granted by the states-
Members to holders of travel documents not recognised by the Member State
which issues the printed one (OJ L 53, 2/23/2002, p. 4)
Council Regulation (EC) No 334/2002 of February 18, 2002 amending the
Regulation (EC) No 1683/95 laying down a model-type of visa (OJ L 53
of 2/23/2002, p. 7)
Decision 2002/192/CE of the Council of February 28, 2002 on the request of the
Ireland to participate in some of the provisions of the Schengen acquis (OJ L 64
of 3/7/2002, p. 20)
Decision 2002/352/CE of the Council of April 25, 2002 on the revision of the
Common Manual (OJ L 123, 5/9/2002, p. 47)
Council Decision 2002/353/CE of April 25, 2002 on disclassification
of Part II of the Joint Manual adopted by the Executive Committee, established by the
Convention of Application of the Schengen Agreement of June 14, 1985 (OJ L 123
of 5/9/2002, p. 49)
Council Regulation (EC) No 1030/2002 of June 13, 2002 laying down
a uniform model of residence permit for nationals of third countries (OJ
L 157 of 6/15/2002, p. 1)
Decision 2002/587/CE of the Council of July 12, 2002 on the revision of the
Common Manual (OJ L 187, 7/16/2002, p. 50)
Council Decision-Table 2002 /946/JAI of November 28, 2002 on the
strengthening the penal framework for the prevention of aid for entry, transit and residency
irregulars (OJ L 328, 12/5/2002, p. 1)
Council Directive 2002/90/CE of November 28, 2002 on the definition of the
aid for entry, transit and irregular residence (OJ L 328, 12/5/2002, p. 17).
Council Decision 2003 /170/JAI of February 27, 2003 on the use of
joint of liaison officers posted abroad by the police authorities of the
Member States (OJ L 67, 3/12/2003, p. 27)
Council Regulation (EC) No 453/2003 of March 6, 2003 amending the
Regulation (EC) No 539/2001 laying down the list of third countries whose nationals
are subject to the visa requirement to carry the external borders and the list of the
third countries whose nationals are exempt from that obligation (OJ L 69, 3/13/2003,
p. 10)
Council Decision 2003 /725/JAI of October 2, 2003 amending n. paragraphs 1 and 7 of the
article 40 of the Convention on the application of the Schengen Agreement of June 14
of 1985, concerning the gradual abolition of checks at the common borders (OJ L 260
of 10/11/2003, p. 37)
Council Directive 2003 /110/CE of November 25, 2003 on support in
transit case for the purpose of removal by air (OJ L 321, 12/6/2003, p. 26)
Council Regulation (EC) No 377/2004 of February 19, 2004 on the
setting up of a network of immigration liaison officers (OJ L 64, 3/2/2004, p. 1)
Council Decision 2004 /466/CE of April 29, 2004 amending the Manual
Common in order to insert provisions for border controls to minors
accompanied (OJ L 157, 4/30/2004, p. 136)
Council Directive 2004 /82/CE of April 29, 2004 on the obligation of
communication of passenger data by the carriers (OJ L 261, 8/6/2004,
p. 24)
Decision 2004 /573/CE of the Council of April 29, 2004 on the organisation of
common flights for the remoteness of the territory of two or more Member States of
nationals of third countries who are subject to individual removal decisions
(OJ L 261, 8/6/2004, p. 28)
Council Decision 2004 /574/CE of April 29, 2004 amending the Manual
Common (OJ L 261, 8/6/2004, p. 36)
Council Decision 2004 /512/CE of June 8, 2004 laying down the System of
Information on Visits (VIS) (OJ L 213, 6/15/2004, p. 5)
Council Regulation (EC) No 2007/2004 of October 26, 2004 establishing a
European Agency for Management of Operational Cooperation at the External Borders of the
Member States of the European Union (OJ L 349, 11/25/2004, p. 1)
Council Regulation (EC) No 2133/2004 of December 13, 2004 on the
obligation for the competent authorities of the Member States to proceed to the affixing
systematic stamp on the travel documents of third country nationals in the
crossing of the external borders of the Member States and amending, to the effect, the
provisions of the Convention Implementing the Schengen Agreement and the Common Manual
(OJ L 369, 12/16/2004, p. 5)
Council Regulation (EC) No 2252/2004 of December 13, 2004, which
establishes standards for the safety devices and biometric data of the
passports and travel documents issued by Member States (OJ L 385
of 12/29/2004, p. 1)
________________
ANNEX III
List referred to in Article 19 of the Act of Accession:
adaptations of the acts adopted by the institutions
1. LAW OF SOCIETIES
INDUSTRIAL PROPERTY RIGHTS
I. COMMUNITY MARK
31994 R 0040: Council Regulation (EC) No 40/94 of December 20, 1993,
on the Community trade mark (OJ L 11, 1/14/1994, p. 1), as amended
given by:
-31994 R 3288: Council Regulation (EC) No 3288/94 of 12/22/1994 (OJ
L 349 of 12/31/1994, p. 83),
-32003 R 0807: Council Regulation (EC) No 807/2003 of 4/14/2003 (OJ
L 122 of 5/16/2003, 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33),
-32003 R 1653: Council Regulation (EC) No 1653/2003 of 6/18/2003 (OJ
L 245 of 9/29/2003, p. 36),
-32003 R 1992: Council Regulation (EC) No 1992/2003 of 10/27/2003 (OJ
L 296 of 11/14/2003, p. 1),
-32004 R 0422: Council Regulation (EC) No 422/2004 of 2/19/2004 (OJ
L 70 of 3/9/2004, p. 1).
Article 159 (1)-It shall be replaced by the following:
" 1. From the date of the accession of Bulgaria, of the Czech Republic, of Estonia, of
Cyprus, from Latvia, Lithuania, Hungary, Malta, Poland, Romania, the
Slovenia and Slovakia, hereinafter referred to as "new Member States", the marks
community registered or required in accordance with this Regulation before the
respective date of accession shall be made extensive to the territory of those States-
Members, 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 June 18, 1992, concerning the creation of a supplementary protection certificate
for medicinal products (OJ L 182, 7/2/1992, p. 1), as amended to be given
by:
-11994 N: An Act on 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, 8/29/1994, 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
a): Article 19-The following is added:
" k) Can be granted a certificate in Bulgaria for any medicine
that is protected by a basic patent in force and for which it has
a first permit for placing on the market as a
medication after January 1, 2000, provided that the application for a certificate
is submitted within six months of the date of accession;
l) A certificate may be granted in Romania for any medicinal product
that is protected by a basic patent in force and for which it has
a first permit for placing on the market as a
medication after January 1, 2000. In the event that the deadline has expired
provided for in Article 7 (1), the application for a certificate may be
presented during a period of six months to be counted at the latest from the
date of accession. ".
b (b) Article 20 (2) is replaced by the following:
" 2. This Regulation shall apply to the supplementary certificates of
protection granted pursuant to the national legislation of the Republic
Czech, from Estonia, Cyprus, Latvia, Lithuania, Malta, Poland,
of Romania, Slovenia and Slovakia prior to the respective date of
adherence. ".
2. 31996 R 1610: Regulation (EC) No 1610/96 of the European Parliament and of the
Council of July 23, 1996 on the creation of a supplementary certificate of
protection for plant protection products (OJ L 198, 8/8/1996, p. 30), with the
wording that was given to it 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
a): Article 19-The following is added:
" k) Can be granted a certificate in Bulgaria for any product
plant protection plant that is protected by a basic patent in force and
for which a first placement permit has been obtained for the
market as a plant protection product after January 1, 2000, since
that the application for a certificate is submitted within six months of the
of the date of accession;
l) A certificate may be granted in Romania for any product
plant protection plant that is protected by a basic patent in force and
for which a first placement permit has been obtained for the
market as a plant protection product after January 1, 2000. In the case
of having expired the time limit set out in Article 7 (1), the application for
certificate can be submitted during a period of six months to
count, at the latest, of the date of accession. ".
b (b) Article 20 (2) is replaced by the following:
" 2. This Regulation shall apply to the supplementary certificates of
protection granted pursuant to the national legislation of the Republic
Czech, from Estonia, Cyprus, Latvia, Lithuania, Malta, Poland,
of Romania, Slovenia and Slovakia prior to the respective date of
adherence. ".
III. DRAWINGS OR COMMUNITY MODELS
32002 R 0006: Council Regulation (EC) No 6/2002 of December 12, 2001,
on drawings or community models (OJ L 3, 1/5/2002, p. 1), with the
wording that was given to it 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
Article 110 (1)-It shall be replaced by the following:
" 1. From the date of the accession of Bulgaria, of the Czech Republic, of Estonia, of
Cyprus, from Latvia, Lithuania, Hungary, Malta, Poland, Romania, the
Slovenia and Slovakia (hereinafter referred to as "new Member States") , the
protected community drawings or models in the terms of the present
regulation before the respective date of accession are made extensive to the territory
of these 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 May 29, 1989, which sets out the general rules regarding the definition, à
designation and presentation of spirit drinks (OJ No L 160, 6/12/1989, p. 1),
with the wording that was given to him by:
-31992 R 3280: Council Regulation (EEC) No 3280/92 of 11/9/1992 (OJ
L 327 of 11/13/1992, p. 3),
-31994 R 3378: Regulation (EC) No 3378/94 of the European Parliament and of the
Council, of 12/22/1994 (OJ L 366, 12/31/1994, p. 1),
-11994 N: An Act on the conditions of accession and the adjustments to the Treaties-
Accession of the Republic of Austria, the Republic of Finland and the Kingdom of the
Sweden (OJ C 241, 8/29/1994, 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,
of the Republic of Latvia, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33),
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
a) In Article 1 (4) (i) the following is added:
"(5) The appellation" spirits of fruit " may be replaced by the
denomination "Pălincă" only for the spirited drink produced in the
Romania ";
b) In Annex II, the following geographical names are added:
-to point 4: "Vinars Târnave", "Vinars Vaslui", "Vinars Murfatlar", " Vinars
Vrancea "," Vinars Segarcea "
-to point 6: "," "," "," "," ",".
Сунглире / Sungurlarska grozdova rakiya / Grozdova rakiya of
Sungurlare ",", ",", "," "," "," "," "
الالالالالعالعالعالعالعالعالعالعالعالعالعالعالعالعالع
rakiya de Sliven) ",", ",", ",", "", "", "", "", ""
оостелителиторисосисососососостисосососостисис
Straldja "," оосориссисосововитовисововововововосососососососососососососососососососос
Pomoriyska grozdova rakiya / Grozdova rakiya of Pomorie ",", ",", ",", ","
Исисисосововисисисисисисисовововововисовисовисовисовисовисовисовисостия
biserna grozdova rakiya / Biserna grozdova rakiya de Ruse "," cervna сссиссистисссссссссис
Ссстовисистовистовистия орисистрисисисисисисисисисисисисисисисисис
rakiya / Muscatova rakiya of Bourgas "," Осорнининининисостосостостостостостостостостосс
Ссстовососососососососососостосостостосостосостосостосос
Muscatova rakiya de Dobrudja "," "," "," "," "," "," "
Ракия орининининининининие / Suhindolska grozdova rakiya of
Suhindol "," الالالالالالعالعالعالعالعالعالعالعالعالعالعالعالعالعالعالعالعالعالعالعالع
Karlovska grozdova rakiya / Grozdova rakiya from Karlovo "
-to point 7: " ΤОРОСТИВОВИСИСОВИСОВИСОВИСОВИСИЯ ОСТИЯ ОСТИЯ ООСТОСТОСТОСТОСТОСТОСТ
Troyanska slivova rakiya / Slivova rakiya of Troyan ",", ","
Ссисисисисисисисисисисисисисисисисисисисисисисисисисисисисисисисисис
rakiya / Kaysieva rakiya of Silistra ",", ",", "", "", ""
Касиесисия орисорерисисорисистетерисистерисистерисистерисисис
Tervel "," ововововововисовисовисовитововововововововосососососососососососососо
slivova rakiya / Slivova rakiya of Lovech "," Tanguică Zetea from Medieşu Aurit ",
"Xinuică de Valea Milcovului", "Xinuică de Buzău", "Argeş's" "uică", "
from Zalău "," "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" "" ""
"Horincă de Cămârzan", "Horincă de Seini", "Horincă de Chioar", " Horincă
from Lăpuş "," Turks de Oaş "," Turks of Maramureş ".
2. 31991 R 1601: Council Regulation (EEC) No 1601/91 of June 10
of 1991, which sets out the general rules relating to the definition, designation and presentation
of the flavoured wines, the wine-based drinks and the cocktails
flavourings of winemaking products (OJ L 149, 6/14/1991, p. 1), with the wording
that was given to him by:
-31992 R 3279: Council Regulation (EEC) No 3279/92 of 11/9/1992 (OJ
L 327 of 11/13/1992, p. 1),
-11994 N: An Act on the conditions of accession and the adjustments to the Treaties-
Accession of the Republic of Austria, the Republic of Finland and the Kingdom of the
Sweden (OJ C 241, 8/29/1994, p. 21),
-31994 R 3378: Regulation (EC) No 3378/94 of the European Parliament and of the
Council, of 12/22/1994 (OJ L 366, 12/31/1994, p. 1),
-31996 R 2061: Regulation (EC) No 2061/96 of the European Parliament and of the
Council, of 10/8/1996 (OJ L 277, 10/30/1996, p. 1),
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
In Article 2 (3), the following subparagraph shall be inserted after point (h):
" i) Pelin: The wine-based aromatized drink obtained from white wine or
tinto, concentrated grape must, grape juice (or sugar beet) and
certain dyeing of herbs, with an alcoholic strength of not less than 8.5% vol,
a sugar content expressed in inverted sugar of 45-50 g/l and a total acidity
not less than 3 g/l expressed in tartaric acid. "
and point (i) becomes j).
3. 31992 R 2075: Council Regulation (EC) No 2075/92 of June 30
of 1992, which establishes the common organisation of market in the tobacco sector in rama
(OJ L 215, 7/30/1992, p. 70), as amended by:
11994 N: Act relating to 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, 8/29/1994, p. 21),
31994 R 3290: Regulation (EC) No 3290/94 of the Council of 12/22/1994 (OJ
L 349 of 12/31/1994, p. 105),
31995 R 0711: Regulation (EC) No 711/95 of the Council of 3/27/1995 (OJ L 73
of 4/1/1995, p. 13),
31996 R 0415: Regulation (EC) No 415/96 of the Council of 3/4/1996 (OJ L 59
of 3/8/1996, p. 3),
31996 R 2444: Regulation (EC) No 2444/96 of the Council of 12/17/1996 (OJ
L 333 of 12/21/1996, p. 4),
31997 R 2595: Regulation (EC) No 2595/97 of the Council of 12/18/1997 (OJ
L 351 of 12/23/1997, p. 11),
31998 R 1636: Regulation (EC) No 1636/98 of the Council of 7/20/1998 (OJ
L 210 of 7/28/1998, p. 23),
31999 R 0660: Regulation (EC) No 660/1999 of the Council of 3/22/1999 (OJ
L 83 of 3/27/1999, p. 10),
32000 R 1336: Regulation (EC) No 1336/2000 of the Council of 6/19/2000 (OJ
L 154 of 6/27/2000, p. 2),
32002 R 0546: Regulation (EC) No 546/2002 of the Council of 3/25/2002 (OJ
L 84 of 3/28/2002, p. 4),
32003 R 0806: Regulation (EC) No 806/2003 of the Council of 4/14/2003 (OJ
L 122 of 5/16/2003, p. 1),
32003 R 2319: Regulation (EC) No 2319/2003 of the Council of 12/17/2003 (OJ
L 345 of 12/31/2003, p. 17),
12003 T: Act relating to the conditions of accession and the adjustments to the Treaties-
Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the
Republic of Latvia, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
a) In the Annex, to point V. "SUN CURED" the following is added:
" Molovata
Ghimpaţi
Bărăgan "
b) In the Annex, to point VI "Basmas" the following is added:
" Djebel
Nevrokop
Dupnitsa
Melnik
Ustina
Harmanli
Krumovgrad
Iztochen Balkan
Topolovgrad
Svilengrad
Srednogorska yaka "
c) In the Annex to point VIII. "Kaba Koulak (classic)" is added the following:
" Severna Bulgaria
Tekne ".
4. 31996 R 2201: Council Regulation (EC) No 2201/96 of October 28
of 1996, which establishes the common organization of the market in the product sector
processed to the base of fruit and vegetables (OJ L 297, 11/21/1996, p. 29),
with the wording that was given to him by:
-31997 R 2199: Council Regulation (EC) No 2199/97 of 10/30/1997 (OJ
L 303 of 11/6/1997, p. 1),
-31999 R 2701: Council Regulation (EC) No 2701/1999 of 12/14/1999 (OJ
L 327 of 12/21/1999, p. 5),
-32000 R 2699: Council Regulation (EC) No 2699/2000 of 12/4/2000 (OJ
L 311 of 12/12/2000, p. 9),
-32001 R 1239: Council Regulation (EC) No 1239/2001 of 6/19/2001 (OJ
L 171 of 6/26/2001, p. 1),
-32002 R 0453: Commission Regulation (EC) No 453/2002 of 3/13/2002
(OJ L 72, 3/14/2002, 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33),
-32004 R 0386: Commission Regulation (EC) No 386/2004 of 3/1/2004
(OJ L 64, 3/2/2004, p. 25).
Annex III is replaced by the following:
" ANNEX III
Processing thresholds referred to in Article 5 para.
Fresh raw material
(in tonnes)
Tomatoes Peaches Pears
Community thresholds 8860061560428105659
L im
ia re
s n ac
io n ai
s
Bulgaria 156343 17843 s.o.
Czech Republic 12000 1287 11
Greece 1211241300000 5155
Spain 1238606180794 35199
France 401608 15685 17703
Italy 4350000 42309 45708
Cyprus 7944 6 s.o.
Latvia s.o. s.o. s.o.
Hungary 130790 1616 1031
Malta 27000 s.o. s.o.
Netherlands s.o. s.o. 243
Austria s.o. s.o. 9
Poland 194639 s.o. s.o.
Portugal 1050000218600
Romania 50390523 s.o.
Slovakia 29500147 s.o.
s.o. = no object
".
5. 31998 R 2848: Commission Regulation (EC) No 2848/98 of December 22
of 1998, laying down detailed rules for the implementation of Regulation (EEC) No 2075/92 of the
Advice with regard to the premium scheme, production quotas and aid
specific to be granted to producer groups in the rama tobacco sector (OJ
L 358 of 12/31/1998, p. 17), as amended by:
No. 31999 R 0510: Commission Regulation (EC) No 510/1999 of 3/8/1999
(OJ L 60, 3/9/1999, p. 54),
No. 31999 R 0731: Commission Regulation (EC) No 731/1999 of 4/7/1999
(OJ L 93, 4/8/1999, p. 20),
No. 31999 R 1373: Commission Regulation (EC) No 1373/1999 of 6/25/1999
(OJ L 162, 6/26/1999, p. 47),
No. 31999 R 2162: Commission Regulation (EC) No 2162/1999 of 10/12/1999
(OJ L 265, 10/13/1999, p. 13),
No. 31999 R 2637: Commission Regulation (EC) No 2637/1999 of 12/14/1999
(OJ L 323, 12/15/1999, p. 8),
No. 32000 R 0531: Commission Regulation (EC) No 531/2000 of 3/10/2000
(OJ L 64, 3/11/2000, p. 13),
No. 32000 R 0909: Commission Regulation (EC) No 909/2000 of 5/2/2000
(OJ L 105, 5/3/2000, p. 18),
No. 32000 R 1249: Commission Regulation (EC) No 1249/2000 of 6/15/2000
(OJ L 142, 6/16/2000, p. 3),
No. 32001 R 0385: Commission Regulation (EC) No 385/2001 of 2/26/2001
(OJ L 57, 2/27/2001, p. 18),
No. 32001 R 1441: Commission Regulation (EC) No 1441/2001 of 7/16/2001
(OJ L 193, 7/17/2001, p. 5),
No. 32002 R 0486: Commission Regulation (EC) No 486/2002 of 3/18/2002
(OJ L 76, 3/19/2002, p. 9),
No. 32002 R 1005: Commission Regulation (EC) No 1005/2002 of 6/12/2002
(OJ L 153, 6/13/2002, p. 3),
No. 32002 R 1501: Commission Regulation (EC) No 1501/2002 of 8/22/2002
(OJ L 227, 8/23/2002, p. 16),
No. 32002 R 1983: Commission Regulation (EC) No 1983/2002 of 11/7/2002
(OJ L 306, 11/8/2002, p. 8),
No. 32004 R 1809: Commission Regulation (EC) No 1809/2004 of 10/18/2004
(OJ L 318, 10/19/2004, p. 18).
Annex I shall be replaced by the following:
" ANNEX I
PERCENTAGES OF THE GUARANTEE THRESHOLD PER STATE-MEMBER OR
SPECIFIC REGION FOR THE RECOGNITION OF THE GROUPING OF
PRODUCERS
Member States or specific region of establishment of the
producer groupings
Percentage
Germany, Spain (except Castel-Lion, Navarre and the zone of
Chamzo, in the Basque Country), France (except Nord-Pas-de-de-
Calais and Picardy), Italy, Portugal (except Autonomous Region
of the Azores), Belgium, Austria, Romania
2%
Greece (except Epiro), Autonomous Region of the Azores
(Portugal), Nord-Pas-de-Calais and Picardy (France), Bulgaria
(except the municipalities of Banite, Zlatograd, Madan and Dospat
in the area of Djebel and the municipalities of Veliki Preslav, Varbitsa,
Shumen, Smiadovese, Varna, Dalgopol, General Tоsheveval,
Dobrich, Kavarna, Krushari, Shabla and Antonovo in the zone of the
Bulgaria of the North)
1%
Castles-Lion (Spain), Navarra (Spain), area of
Chamzo, in the Basque Country (Spain), Épiro (Greece),
municipalities of Banite, Zlatograd, Madan and Dospat in the area of
Djebel and the municipalities of Veliki Preslav, Varbitsa, Shumen,
Smiadovelop, Varna, Dalgopol, General Tоshevity, Dobrich,
Kavarna, Krushari, Shabla and Antonovo in the zone of Bulgaria
from the North)
0.3%
"
6. 31999 R 1493: Council Regulation (EC) No 1493/1999 of May 17
of 1999, which establishes the common organisation of the wine market (OJ L 179
of 7/14/1999, p. 1), as amended by:
-32000 R 1622: Commission Regulation (EC) No 1622/2000 of 7/24/2000
(OJ L 194, 7/31/2000, p. 1),
-32000 R 2826: Council Regulation (EC) No 2826/2000 of 12/19/2000 (OJ
L 328 of 12/23/2000, p. 2),
-32001 R 2585: Council Regulation (EC) No 2585/2001 of 12/19/2001 (OJ
L 345 of 12/29/2001, p. 10),
-32003 R 0806: Council Regulation (EC) No 806/2003 of 4/14/2003 (OJ
L 122 of 5/16/2003, 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33),
-32003 R 1795: Commission Regulation (EC) No 1795/2003 of 10/13/2003
(OJ L 262, 10/14/2003, p. 13).
a) the following is added to Article 6:
" 5. With respect to Bulgaria and Romania, new rights will be assigned
plantation for the production of vqprd in a total of 1.5% of the wine-growing area,
being 2302.5 hectares for Bulgaria and 2830.5 hectares for Romania by date
of the accession. These rights will be assigned to a national reserve to which it will be
applicable Article 5. ";
b) In Annex III, (Zones wineries) the following is added to point 2:
"g) In Romania, the region of Podişul Transilvaniei"
c) In Annex III, (Zones wineries) the last paragraph is replaced by the following:
"d)" In Slovakia, the region of Tokay. ",
e) In Romania, vine surfaces not included in the
Point 2 (g) or point (f) of point 5. "
(d) In Annex III, (Zones wineries) the following is added to point 5:
" e) in Bulgaria, the vine surfaces of the following regions:
Dunavska Ravnina (санисисининина), Chernomorski Rayon
(ерорсостосососососососососососососососососососососососос
f) in Romania, the vine surfaces of the following regions:
Dealurile Buzăului, Dealu Mare, Severinului and Plaiurile
Drâncei, Colinele Dobrogei, Terasele Dunării, the wine-growing region
of the South, including sands, and other favorable regions "
(e) In Annex III, (Zones wineries) the following is added to point 6:
" The wine-growing zone C III a) comprises, in Bulgaria, the surfaces of
vine not included in paragraph 5 (e) "
(f) In Annex V, Part D. 3, the following is added:
"and in Romania".
7. 32000 R 1673: Council Regulation (EC) No 1673/2000 of July 27
of 2000, which establishes the common market organization in the linen and the
hemp intended for the production of fibres (OJ L 193, 7/29/2000, p. 16), with the
wording that was given to it by:
-32002 R 0651: Commission Regulation (EC) No 651/2002 of 4/16/2002
(OJ L 101, 4/17/2002, 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33),
-32003 R 1782: Council Regulation (EC) No 1782/2003 of 9/29/2003 (OJ
L 270 of 10/21/2003, p. 1),
-32004 R 0393: Council Regulation (EC) No 393/2004 of 2/24/2004 (OJ
L 65 of 3/3/2004, p. 4).
(a) Article 3 (1) is replaced by the following:
" 1. It is established for the long fibers of linen a maximum quantity
guaranteed 80878 tons per marketing campaign, rematch between
all Member States in the form of guaranteed national quantities. The
allocation of that quantity is as follows:
-13800 tonnes for Belgium,
-13 tonnes for Bulgaria,
-1923 for the Czech Republic,
-300 tonnes for Germany,
-30 tonnes for Estonia,
-50 tonnes for Spain,
-55800 tonnes for France,
-360 tonnes for Latvia,
-2263 tonnes for Lithuania,
-4800 tonnes for the Netherlands,
-150 tonnes for Austria,
-924 tonnes for Poland,
-50 tonnes for Portugal,
-42 tonnes for Romania,
-73 tonnes for Slovakia,
-200 tonnes for Finland,
-50 tonnes for Sweden,
-50 tonnes for the United Kingdom. "
(b) in Article 3 (2), the introductory sentence and point (a) shall go on to have the following
wording:
" 2. A guaranteed maximum quantity of 147265 tonnes is established
by marketing campaign for the short linen fibres and the fibers of
hemp to which aid can be granted. This quantity is rematch under the
shape:
a) of guaranteed national quantities for the following Member States:
-10350 tonnes for Belgium,
-48 tonnes for Bulgaria,
-2866 for the Czech Republic,
-12800 tonnes for Germany,
-42 tonnes for Estonia,
-20000 tonnes for Spain,
-61350 tonnes for France,
-1313 tonnes for Latvia,
-3463 tonnes for Lithuania,
-2061 tonnes for Hungary,
-5550 tonnes for the Netherlands,
-2500 tonnes for Austria,
-462 tonnes for Poland,
-1750 tonnes for Portugal,
-921 tonnes for Lithuania,
-189 tonnes for Slovakia,
-2250 tonnes for Finland,
-2250 tonnes for Sweden,
-12100 tonnes for the United Kingdom.
However, the guaranteed national quantity determined for Hungary refers to
solely to hemp fibers. "
8. 32003 R 1782: Council Regulation (EC) No 1782/2003,
of September 29, 2003, which sets out common rules for support schemes
direct within the framework of the common agricultural policy and establish certain support schemes
to farmers and amend the Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC)
n. 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC)
n. 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529 / /2001, with the
wording that was given to it by:
-32004 R 0021: Council Regulation (EC) No 21/2004 of 12/17/2003 (OJ
L 5 of 1/9/2004, p. 8),
-32004 R 0583: Council Regulation (EC) No 583/2004 of 3/22/2004 (OJ
L 91 of 3/30/2004, p. 1),
-32004 D 0281: Decision 2004 /281/CE of the Council of 3/22/2004 (OJ L 93
of 3/30/2004, p. 1),
- 32004 R 0864: Council Regulation (EC) No 864/2004 of 4/29/2004 (OJ
L 161 of 4/30/2004, p. 48).
(a) Article 2 (g) shall be replaced by the following:
"g)" New Member States " to Bulgaria, the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, the
Slovenia and Slovakia. ";
(b) in Article 5 (2), at the end of the first subparagraph the following is added:
" However, Bulgaria and Romania must ensure that the lands occupied by
permanent pastures on January 1, 2007 are kept as pastures
permanent. ";
(c) in Article 54 (2), at the end of the first subparagraph the following is added:
" However, for Bulgaria and Romania, the target date for applications for aid
by surface will be June 30, 2005 ";
d) Article 71 G-G is added the following:
" 9. For Bulgaria and Romania:
a) The triennial period referred to in paragraph 2 shall be 2002-2004;
b) the year referred to in point (a) of paragraph 3 is 2004;
(c) in the first paragraph of paragraph 4, reference to 2004 and / or 2005 shall
understand yourself as 2005 and / or 2006 and the reference to 2004 should understand
as 2005 ";
(e) Article 71-H is added the following:
" However, for Bulgaria and Romania, the reference to June 30, 2003 should
understand yourself as June 30, 2005. ";
(f) Article 74 (1) shall be replaced by the following:
" 1. Aid is granted to national base surfaces in the areas
traditional production listed in Annex X.
The base surfaces are as follows:
Bulgaria 21800 ha
Greece 617000 ha
Spain 594000 ha
France 208000 ha
Italy 1646000 ha
Cyprus 6183 ha
Hungary 2500 ha
Austria 7000 ha
Portugal 118000 ha
";
(g) Article 78 (1) is replaced by the following:
" 1. A guaranteed maximum area of 1648000 ha is established,
in respect of which aid may be granted. ";
(h) Article 80 (2) is replaced by the following:
" 2. The aid is fixed as follows, according to the incomes in the
Member States in question:
Campaign of
marketing
from 2004/2005 in case
of application of the
article 71 para.
(EUR/ha)
From the
campaign of
commercialization
the
from 2005/2006
(EUR/ha)
Bulgaria-345.225
Greece 1 323.96 561.00
Spain 1 123.95 476.25
France:
-territory
metropolitan
-French Guiana
971.73
1 to 329.27
411.75
563.25
Italy 1 069.08 453.00
Hungary 548.70 232.50
Portugal 1 070.85 453.75
Romania-126.075
";
(i) Article 81 shall be replaced by the following:
" Article 81.
Surfaces
A national base area is established for each Member State
producer. However, for France two base surfaces are established. The
base surfaces are as follows:
Bulgaria 4166 ha
Greece 20333 ha
Spain 104973 ha
France:
-metropolitan territory
-French Guiana
19050 ha
4190 ha
Italy 219588 ha
Hungary 3222 ha
Portugal 24667 ha
Romania 500 ha
Any Member State may subdivide its surface or surfaces
on the basis of base subsurfaces, according to objective criteria. ";
j (j) Article 84 is replaced by the following:
" Article 84.
Surfaces
1. Each Member State grants Community aid within a limit
maximum calculated by multiplying the number of hectares of your SNG,
set out in paragraph 3, by the average amount of EUR 120.75.
2. A maximum guaranteed area of 829229 ha is established.
3. The maximum guaranteed area referred to in paragraph 2 shall be divided into the following
SNG:
Guaranteed national surfaces
(SNG)
Belgium 100 ha
Bulgaria 11984 ha
Germany 1500 ha
Greece 41100 ha
Spain 568200 ha
France 17300 ha
Italy 130100 ha
Cyprus 5100 ha
Luxembourg 100 ha
Hungary 2900 ha
Netherlands 100 ha
Austria 100 ha
Poland 4200 ha
Portugal 41300 ha
Romania 1645 ha
Slovenia 300 ha
Slovakia 3100 ha
United Kingdom 100 ha
4. Each Member State may subdivide its SNG into subsurfaces, from
agreement with objective criteria, particularly at the regional level or in the role of
production.
k) In Article 95, the following paragraphs are deferred to paragraph 4:
" As far as Bulgaria and Romania are concerned, the total quantities referred to in the
first paragraph are set out in Table f) of Annex I to Regulation (EC)
n ° 1788/2003 of the Council and journals in accordance with the sixth paragraph of the
n Article 6 (1) of Council Regulation (EC) No 1788/2003.
As far as Bulgaria and Romania are concerned, the twelve-month period to which it relates
the first paragraph is that of 2006/2007. "
l) To the second paragraph of Article 103, the following is added:
" However, as far as Bulgaria and Romania are concerned, the application of the present
number is subject to the condition that the single payment scheme by surface
is applied in 2007 and opts for the application of Article 66. ";
(m) Article 105 (1) shall be replaced by the following:
" 1. A supplement to the area payment is paid for:
-EUR 291 /ha for the marketing campaign of 2005/2006,
-EUR 285 /ha for the marketing campaign of 2006/2007 and
following,
for surfaces sown with durum wheat in the traditional areas of
production listed in Annex X, within the limits set out below:
(hectares)
Bulgaria 21800
Greece 617000
Spain 594000
France 208000
Italy 1646000
Cyprus 6183
Hungary 2500
Austria 7000
Portugal 118000
";
(n) the following is added to the second paragraph of Article 108:
However, as far as Bulgaria and Romania are concerned, they cannot be submitted
requests for payment in respect of land which, on June 30, 2005, if
they found affections to permanent pastures, to permanent crops, to forests
or to non-agricultural uses. ";
(o) Article 110-C. (1) shall be replaced by the following:
" 1. The following national base surfaces are established:
Bulgaria's Bulgaria: 10237 ha
Greece: Greece: 370000 ha
Spain's Spain: 70000 ha
Portugal's Portugal: 360 ha. ";
p (p) Article 110-C. (2) is replaced by the following:
" 2. For each eligible hectare, the amount of aid is set at:
Bulgaria Bulgaria: EUR 263
Greece Greece: EUR 594 for 300000 hectares and EUR 342.85 for the
remaining 70000 hectares
Spain's Spain: EUR 1039
Portugal's Portugal: EUR 556. ";
(q) Article 116 (4) shall be replaced by the following:
" 4. The maximum limits to be given below are applicable:
State-Member Rights (x 1000)
Belgium 70
Bulgaria 2 058.483
Czech Republic 66.733
Denmark 104
Germany 2432
Estonia 48
Greece 11023
Spain 19580
France 7842
Ireland 4956
Italy 9575
Cyprus 472.401
Latvia 18.437
Lithuania 17.304
Luxembourg 4
Hungary 1146
Malta 8.485
The Netherlands 930
Austria 206
Poland 335.88
Portugal 2690
Romania 5 880.620
Slovenia 84.909
Slovakia 305.756
Finland 80
Sweden 180
United Kingdom 19492
Total 89 to 607.008
";
(r) Article 123 (8) is replaced by the following:
" 8. The maximum limits to be given below are applicable:
Belgium 235149
Bulgaria 90343
Czech Republic 244349
Denmark 277110
Germany 1782700
Estonia 18800
Greece 143134
Spain 713999 *
France 1754732 **
Ireland 1077458
Italy 598746
Cyprus 12000
Latvia 70200
Lithuania 150000
Luxembourg 18962
Hungary 94620
Malta 3201
The Netherlands 157932
Austria 373400
Poland 926000
Portugal 175075 ***
Romania 452000
Slovenia 92276
Slovakia 78348
Finland 250000
Sweden 250000
United Kingdom 1419811 ****
*
Without prejudice to the specific rules laid down in the
Regulation (EC) No 1454/2001. **
Without prejudice to the specific rules laid down in the
Regulation (EC) No 1452/2001. ***
Without prejudice to the specific rules laid down in the
Regulation (EC) No 1453/2001. ****
This ceiling will be temporarily increased by 100000
heads to reach 1519811 heads up to the time when
live animals less than six months old can be
exported.
";
(s) Article 126 (5) shall be replaced by the following:
" 5. The national ceilings set out below are applicable:
Belgium 394253
Bulgaria 16019
Czech Republic 90300
Denmark 112932
Germany 639535
Estonia 13416
Greece 138005
Spain * 1441539
France * * 3779866
Ireland 1102620
Italy 621611
Cyprus 500
Latvia 19368
Lithuania 47232
Luxembourg 18537
Hungary 117000
Malta 454
The Netherlands 63236
Austria 375000
Poland 325581
Portugal * ** 416539
Romania 150000
Slovenia 86384
Slovakia 28080
Finland 55000
Sweden 155000
United Kingdom 1699511 *
Without prejudice to the specific rules laid down in the
Regulation (EC) No 1454/2001. **
Without prejudice to the specific rules laid down in the
Regulation (EC) No 1452/2001. ***
Without prejudice to the specific rules laid down in the
Regulation (EC) No 1453/2001.
";
t) The second subparagraph of Article 130 (3) is replaced by the following:
" With respect to the new Member States, national limits are the
indicated in the following table:
Bulls, oxen, cows and
heifers
Calves between 1 and 8 months and
with a carcass weight
less than 185 kg
Bulgaria 22191101542
Czech Republic 483382 27380
Estonia 107813 to 30000
Cyprus 21000-
Latvia 124320 53280
Lithuania 367484244200
Hungary 141559 94439
Malta 6002 17
Poland 1815430839518
Romania 1148000 85000
Slovenia 161137 35852
Slovakia 204062 to 62841
"
;
(u) the following subparagraph is added to Article 143:
" However, as far as Bulgaria and Romania are concerned, direct payments must
be introduced in accordance with the following schedule of increases expressed in
percentage of the then applicable level of such payments in the Community in your
composition on April 30, 2004:
No. 25% in 2007
No. 30% in 2008
No. 35% in 2009
No. 40% in 2010
No. 50% in 2011
No. 60% in 2012
No. 70% in 2013
No. 80% in 2014
No. 90% in 2015
It is 100% from 2016. ";
v) to Article 143 (4), the following subparagraph is added:
" However, as far as Bulgaria and Romania are concerned, the agricultural area under the shelter
of the single-payer scheme by the surface shall be the part of the surface
farm useful that is in good agricultural condition, whether or not it is being used
for production, adjusted, if necessary, in accordance with objective criteria a
establish by Bulgaria and Romania after approval by the Commission. ";
(w) Article 143 (9)-B shall be replaced by the following:
" 9. In each new Member State it should be possible to apply the scheme of the
single payment by surface for a period from the end of 2006, with
possibility of renewal twice for a period of one year, at the request of the
new Member State. However, as far as Bulgaria and Romania are concerned, it should be
possible to apply the scheme for single payment by surface for a period to
starting from the end of 2009, with possibility of renewal twice for a period
of one year, at your request. Subject to paragraph 11, each new Member State may
decide to put an end to the application of the scheme at the end of the first or second year
of the period of application, with a view to the application of the payment scheme
single. The new Member States shall communicate to the Commission their intention
to terminate the scheme by August 1 of the last year of application. ";
x) To Article 1431 (11)-B is added the following paragraph:
" As far as Bulgaria and Romania are concerned, until the end of the application period
of 5 years of the single-payer scheme per surface (i.e. up to 2011), is
applicable to the percentage rate fixed second paragraph of Article 143. If the
application of the single payment scheme by surface is extended beyond
of that date, pursuant to a decision taken under point (b), is
applicable the percentage rate set out in the second paragraph of Article 143-A
to 2011, up to the end of the last year of application of the single payment scheme
by surface. ";
(y) Article 143 (2)-C shall be replaced by the following:
" 2. The new Member States should be given the possibility of, by
authorization of the Commission, supplement any direct payments up to:
a) In relation to all direct payments, 55% of the level of payments
direct in the Community (in its composition on April 30, 2004) in
2004, 60% in 2005 and 65% in 2006 and, as of 2007, up to 30 points
percentage above the level applicable in the year concerned, pursuant to the
article 143. As far as Bulgaria and Romania are concerned, the
next: 55% of the level of direct payments in the Community (in its
composition on April 30, 2004) in 2007, 60% in 2008 and 65% in
2009 and, as of 2010, up to 30 percentage points above the applicable level
in the year concerned, pursuant to the second paragraph of Article 143.
However, in the potato starch sector, the Czech Republic may
supplement direct payments up to 100% of the applicable level in the
Community in its composition on April 30, 2004. However, for
the direct payments referred to in Chapter 7 of Title IV of the present
regulation, the following maximum rates are applicable: 85% in 2004,
90% in 2005, 95% in 2006 and 100% as of 2007. As far as the
Bulgaria and Romania, the following maximum rates will apply: 85% in
2004, 90% in 2008, 95% in 2009 and 100% as of 2010;
or
b) in relation to direct payments, with the exception of the scheme of the
single payment, at the full level of direct aid that the farmer would have
right to receive by product in the new Member State in the calendar year
of 2003 under a national scheme similar to that of the CAP,
increased by 10 percentage points. However, the reference year for the
Lithuania will be the calendar year 2002. For Bulgaria and for Romania, the
year of reference will 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 as of 2007,
ii) in relation to the single payment scheme, the total amount of aid
complimentary national direct ones that can be granted by the new
Member state for a given year shall be limited by one
specific financial envelope. This envelope must be equal to the difference
between:
-the total amount of national direct aid similar to that of the CAP
available in the new Member State concerned for the title of the calendar year
of 2003 or, in the case of Lithuania, of the calendar year 2002, increased,
in both cases, up 10 percentage points. However, for the
Bulgaria and for Romania, the reference year will be the calendar year
of 2006. The increase for Slovenia will be 10 percentage points
by 2004, 15 percentage points in 2005, 20 percentage points in
2006 and 25 percentage points from 2007,
and
-the national maximum limit of the new Member State indicated in the
Annex VIII-A, adjusted, if necessary, in accordance with paragraph 2
of Article 64 and with Article 70 (2).
In the calculation of the total amount referred to in the first indent above, they will be included
the national direct payments and / or their components corresponding to the
direct Community payments and / or their components taken into account in the
calculation of the effective maximum limit of the new Member State concerned in
compliance with Article 64 (2), Article 70 (2) and with the
article 71 .ºC.
For each of the direct payments in question, a new Member State
may choose one of the two options, a) or b), mentioned above.
The total amount of direct aid that can be granted to the farmer in the
new Member States after accession, in the title of the relevant direct payment,
including all national direct payments of a complementary nature, not
should exceed the level of direct aid that the farmer would be entitled to receive the
title of the corresponding direct payment then applicable to Member States
of the Community in its composition on April 30, 2004. "
(z) Article 154 (2)-It shall be replaced by the following:
" 2. The measures referred to in paragraph 1 may be adopted for a period of time
with start on May 1, 2004 and term on June 30, 2009, not being
applicable beyond this last date. However, for Bulgaria and Romania, that
period is commencement on January 1, 2007 and term on December 31, 2011.
The Council, acting by a qualified majority on a proposal from the Commission, may
prolong these periods. ";
aa) In Annex III, the following footnotes are added:
to the title of point A
" * For Bulgaria and Romania, reference to 2005 should understand itself as
reference to the first year of application of the single payment scheme. "
to the title of point B:
" * For Bulgaria and Romania, reference to 2006 should understand itself as
reference to the second year of application of the single payment scheme. "
and, to the title of point C:
" * For Bulgaria and Romania, reference to 2007 should understand itself as
reference to the third year of application of the single payment scheme. "
ab) Annex VIII A is replaced by the following:
" ANNEX VIII To:
National maximum limits referred to in Article 71-C
The maximum limits were calculated taking into account the timing of increases
set out in Article 143 and, therefore, it is not necessary to reduce them.
(EUR million)
Year
civil Bulgaria
Republic
Czech Estonia Cyprus Latvia
Lithuanians
a
Hungri
to Malta Poland Romania Slovenia Slovakia
2005-228.8 23.4 8.9 33.9 92.0 350.8 0.67 724.6-35.8 97.7
2006-266.7 27.3 12.5 39.6 107.3 420.2 0.83 881.7-41.9 115.4
2007 200.3 343.6 40.4 16.3 55.6 508.3 1.64 1 440.0 56.1 146.6 146.6 146.6
2008 240.4 429.2 50.5 20.4 69.5 634.9 2.05 1 527.9 70.1 183.2 183.2 183.2
2009 281.0 514.9 60.5 24.5 83.4 761.6 2.46 1 618.1 84.1 219.7 219.7 219.7
2010 321.2 600.5 70.6 28.6 97.3 888.2 2.87 1 706.4 98.1 256.2 256.2 256.2
2011 401.4 686.2 80.7 32.7 111.2 1 014.9 3.28 281.1 883.0 112.1 292.8 292.8
2012 481.7 771.8 90.8 36.8 125.1 1 141.5 3.69 566.2 1 059.6 126.1 329.3 329.3 329.3 329.3 329.3 329.3 329.3 329.3 329.3 329.3 329.3
2013 562.0 857.5 100.9 40.9 139.0 1 268.2 4.10 851.3 1 236.2 140.2 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9
2014 642.3 857.5 100.9 40.9 139.0 1 268.2 4.10 851.3 1 412.8 140.2 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9
2015 722.6 857.5 100.9 40.9 139.0 1 268.2 4.10 851.3 1 589.4 140.2 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9 365.9
years
next
s
802.9 857.5 100.9 40.9 139.0 367.1 268.2 4.10 2 1 766.0 140.2 365.9 365.9
";
ac) To Annex X is added the following:
" BULGARIA
Starozagorski
Haskovski
Slivenski
Yambolski
Burgaski
Dobrichki
Plovdivski ";
ad) Annex XI B is replaced by the following:
" ANNEX XI B
National base surfaces for arable crops and reference yields in the
new Member States, referred to in Articles 101 and 103.
Surface of
basis (in
hectares)
Throughput of
reference (t/ha)
Bulgaria 2625258 2.90
Czech Republic 2253598 4.20
Estonia 362827 to 2.40
Cyprus 79004 2.30
Latvia 443580 2.50
Lithuania 1146633 2.70
Hungary 3487792 4.73
Malta 4565 2.02
Poland 9454671 3.00
Romania 7012666 2.65
Slovenia 125171 5.27
Slovakia 1003453 to 4.06
"
9. 32003 R 1788: Council Regulation (EEC) No 1788/2003,
of September 29, 2003, establishing an imposition in the milk and products sector
dairy (OJ L 270, 10/21/2003, p. 123), as amended by:
-32004 D 0281: Decision 2004 /281/CE of the Council of 3/22/2004 (OJ L 93
of 3/30/2004, p. 1).
a) the following subparagraph is added to Article 1 (4):
" As for Bulgaria and Romania, a special reserve shall be constituted of
restructuring as it appears in Table g) of Annex I. This reservation will be
released as of April 1, 2009, to the extent that the consumption of milk and
of dairy products on the farm in each of these countries has descended
since 2002. The decision as to the release of the reserve and its apportionment between
deliveries and direct sales shall be taken by the Commission under the terms of paragraph 2
of Article 23, on the basis of the evaluation of a report to be submitted to the Commission
by Bulgaria and Romania until December 31, 2008. This report should
describe in detail the results and trends of the current process
of restructuring in the national sector of dairy products, in particular the
passage of production for consumption purposes on the farm for production
intended for the market. ";
b (b) Article 1 (5) is replaced by the following:
" 5. " As regards Bulgaria, the Czech Republic, Estonia, Cyprus, the
Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and the
Slovakia, national reference quantities must include all milk from
cow or equivalent-milk delivered to a buyer or sold directly
for consumption, regardless of whether they are produced or marketed to the
shelter from a transitional measure applicable in those countries. ";
c) the following paragraph shall be added to Article 1:
" 6. As far as Bulgaria and Romania are concerned, the levy will be applicable to
departure from April 1, 2007. ";
(d) In Article 6 (1), the third and fourth paragraphs shall go on to have the following
wording:
" As regards Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, the
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, the
Lithuania, Hungary, Malta, Poland, Romania, Slovenia and the
Slovakia, the period of 12 months for the establishment of the quantities of
individual reference starts on: April 1, 2001 for Hungary, April 1
from 2002 to Malta and Lithuania, April 1, 2003 to the Czech Republic,
Cyprus, Estonia, Latvia and Slovakia, April 1, 2004 for Poland and the
Slovenia and April 1, 2006 for Bulgaria and Romania. ";
(e) the following subparagraph is added to Article 6 (6):
" In relation to Bulgaria and Romania, the allocation of the total quantity between
deliveries and direct sales constant of Table f) of Annex I shall be reviewed with
basis on the actual values for 2006 relative to deliveries and direct sales and, if
required, adjusted by the Commission in accordance with the procedure
referred to in Article 23 (2). ";
(f) the second subparagraph of Article 9 (2) is replaced by the following:
" As regards Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, the
Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia, the
reference content in fat referred to in paragraph 1 shall be the same as the content of
reference in fat of these quantities allocated to the producers in the
following dates: March 31, 2002 for Hungary, March 31, 2003 for the
Lithuania, March 31, 2004 for the Czech Republic, Cyprus, Estonia, the
Latvia and Slovakia, March 31, 2005 for Poland and Slovenia
and March 31, 2007 for Bulgaria and Romania. ";
(g) the following subparagraph is added to Article 9 (9):
" In relation to Romania, the reference content in constant fat of the
Annex II shall be revised on the basis of the figures for the whole of 2004 and, if
required, adjusted by the Commission in accordance with the procedure
referred to in Article 23 (2). ";
h) In Annex I, tables d), e) f) and g) are replaced by the following:
" d) Period 2007/2008
State-Member Quantities, tons
Belgium
Bulgaria
Czech Republic
Denmark
Germany
Estonia
Greece
Spain
France
Ireland
Italy
Cyprus
Latvia
Lithuania
Luxembourg
Hungary
Malta
The Netherlands
Austria
Poland
Portugal
Romania
Slovenia
Slovakia
Finland
Sweden
United Kingdom
3343 to 535.000
979 to 000.000
2682 to 143.000
4499 to 900.000
28143 to 464.000
624 to 483.000
820 to 513.000
6116 to 950.000
24478 to 156.000
5395 to 764.000
10530 to 060.000
145 to 200.000
695 to 395.000
1646 to 939.000
271 to 739.000
1947 to 280.000
48 to 698.000
11185 to 440.000
2776 to 895.000
8964 to 017.000
1939 to 187.000
3057 to 000.000
560 to 424.000
1013 to 316.000
2431 to 047.324
3336 to 030.000
14755 to 647.000
e) Period 2008/2009 to 2014/2015
State-Member Quantities, tons
Belgium
Bulgaria
Czech Republic
Denmark
Germany
Estonia
Greece
Spain
France
Ireland
Italy
Cyprus
Latvia
3360 to 087.000
979 to 000.000
2682 to 143.000
4522 to 176.000
28282 to 788.000
624 to 483.000
820 to 513.000
6116 to 950.000
24599 to 335.000
5395 to 764.000
10530 to 060.000
145 to 200.000
695 to 395.000
Lithuania
Luxembourg
Hungary
Malta
The Netherlands
Austria
Poland
Portugal
Romania
Slovenia
Slovakia
Finland
Sweden
United Kingdom
1646 to 939.000
273 to 084.000
1947 to 280.000
48 to 698.000
11240 to 814.000
2790 to 642.000
8964 to 017.000
1948 to 550.000
3057 to 000.000
560 to 424.000
1013 to 316.000
2443 to 069.324
3352 to 545.000
14828 to 597.000
f) Reference quantities for deliveries and direct sales to which if
refers to the second paragraph of Article 6 (1)
Member State
Quantities of
reference for
deliveries, tons
Quantities of
reference for sales
direct, tons
Bulgaria
Czech Republic
Estonia
Cyprus
Latvia
Lithuania
Hungary
Malta
Poland
Romania
Slovenia
Slovakia
722000
2613239
537188
141337
468943
1256440
1782650
48698
8500000
1093000
467063
990810
257000
68904
87365
3863
226452
390499
164630
-
464017
1964000
93361
22506
g) Quantities of the special restructuring reserve as referred to in paragraph 4
of Article 1 para.
State-Member Quantities of the special reserve of
restructuring, tonnes
Bulgaria
Czech Republic
Estonia
Latvia
Lithuania
Hungary
Poland
Romania
Slovenia
Slovakia
39180
55788
21885
33253
57900
42780
416126
188400
16214
27472
"
(i) In Annex II, the table is replaced by the following:
" REFERENCE CONTENT IN FAT
State-Member Teor of reference in matter
fat (g/kg)
Belgium
Bulgaria
Czech Republic
Denmark
Germany
Estonia
Greece
Spain
France
Ireland
Italy
Cyprus
Latvia
Lithuania
Luxembourg
Hungary
The 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. TRANSPORT POLICY
31996 L 0026: Council Directive 96 /26/CE of April 29, 1996 on the
access to the profession of road haulage and conveyor
commuter road, as well as to the mutual recognition of diplomas,
certificates and other securities, with the aim of favouring the effective exercise of the
freedom to establish such transporters in the field of transport
national and international (OJ L 124, 5/23/1996, p. 1), as amended
given by:
-31998 L 0076: Council Directive 98 /76/CE of 10/1/1998 (OJ L 277
of 10/14/1998, 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
-32004 L 0066: Council Directive 2004 /66/CE of 4/26/2004 (OJ L 168
of 5/1/2004, p. 35).
a) to Article 10 the following numbers are postponed:
" 11. By way of derogation from paragraph 3, certificates passed to the
road hauliers in Bulgaria before the date of accession are only
equated with certificates issued by force of the willing in the present
directive if they have been passed on:
-international road hauliers of goods and of
passengers under the Decree No 11 of October 31, 2002,
on international road transport of passengers and of
goods (Official Gazette No 108 of November 19, 2002), the
from November 19, 2002,
-national transport operators of goods and passengers
under the Decree No. 33 of November 3, 1999 on the
road transport of passengers and goods in the territory
of Bulgaria, amended on October 30, 2002 (Official Gazette
n. 108 of November 19, 2002), as of November 19
of 2002.
12. By way of derogation from paragraph 3, certificates passed on to carriers
road in Romania before the date of accession are only equated with the
certificates issued by virtue of the provisions of this Directive if they have been
passed on to international road hauliers of goods and of
passengers under the decision of the Minister of Transport No 761
of December 21, 1999 on the appointment, training and certification
professional of people who coordinate in a permanent and effective manner
road transport activities, as of January 28, 2000. ".
(b) the second paragraph of Article 10-B shall be replaced by the following:
" The certificates of professional competence referred to in paragraphs 4 a to 12 of the
article 10 may be passed back by the Member States concerned
according to the certificate model appearing in Annex I A. "
4. TAXATION
1. 31977 L 0388: Sixth Directive 77 /388/CEE of the Council,
of May 17, 1977, on the harmonisation of the laws of the Member States
relating to taxes on turnover-common system of tax
on the value added: uniform collectible matter (OJ L 145, 6/13/1977, p. 1),
with the wording that was given to him by:
-11979 H: Act concerning the conditions of accession and the adjustments to the Treaties-
Accession of the Hellenic Republic (OJ L 291, 11/19/1979, p. 95),
-31980 L 0368: Council Directive 80 /368/CEE of 3/26/1980 (OJ L 90
of 4/3/1980, p. 41),
-31984 L 0386: Council Directive 84 /386/CEE of 7/31/1984 (OJ L 208
of 8/3/1984, p. 58),
-11985 I: An Act on the Conditions of Accession and the Adjustments to the Treaties-
Accession of the Kingdom of Spain and the Portuguese Republic (OJ L 302
of 11/15/1985, p. 167),
-31989 L 0465: Council Directive 89 /465/CEE of 7/18/1989 (OJ L 226
of 8/3/1989, p. 21),
-31991 L 0680: Council Directive 91 /680/CEE of 12/16/1991 (OJ L 376
of 12/31/1991, p. 1),
-31992 L 0077: Council Directive 92/77/CEE of 10/19/1992 (OJ L 316
of 10/31/1992, p. 1),
-31992 L 0111: Council Directive 92/111/CEE of 12/14/1992 (OJ L 384
of 12/30/1992, p. 47),
-31994 L 0004: Council Directive 94 /4/CE of 2/14/1994 (OJ L 60
of 3/3/1994, p. 14),
-31994 L 0005: Council Directive 94 /5/CE of 2/14/1994 (OJ L 60
of 3/3/1994, p. 16),
-31994 L 0076: Council Directive 94 /76/CE of 12/22/1994 (OJ L 365
of 12/31/1994, p. 53),
-31995 L 0007: Council Directive 95 /7/CE of 4/10/1995 (OJ L 102
of 5/5/1995, p. 18),
-31996 L 0042: Council Directive 96 /42/CE of 6/25/1996 (OJ L 170
of 7/9/1996, p. 34),
-31996 L 0095: Council Directive 96 /95/CE of 12/20/1996 (OJ L 338
of 12/28/1996, p. 89),
-31998 L 0080: Council Directive 98 /80/CE of 10/12/1998 (OJ L 281
of 10/17/1998, p. 31),
-31999 L 0049: Council Directive 1999 /49/CE of 05/25/1999 (OJ L 139
of 06/02/1999, p. 27),
-31999 L 0059: Council Directive 1999 /59/CE of 6/17/1999 (OJ L 162
of 6/26/1999, p. 63),
-31999 L 0085: Council Directive 1999 /85/CE of 10/22/1999 (OJ L 277
of 10/28/1999, p. 34),
-32000 L 0017: Council Directive 2000 /17/CE of 3/30/2000 (OJ L 84
of 4/5/2000, p. 24),
-32000 L 0065: Council Directive 2000 /65/CE of 10/17/2000 (OJ L 269
of 10/21/2000, p. 44),
-32001 L 0004: Council Directive 2001 /4/CE of 1/19/2001 (OJ L 22
of 1/24/2001, p. 17),
-32001 L 0115: Council Directive 2001 /115/CE of 12/20/2001 (OJ L 15
of 1/17/2002, p. 24),
-32002 L 0038: Council Directive 2002/38/CE of 5/7/2002 (OJ L 128
of 5/15/2002, p. 41),
-32002 L 0093: Council Directive 2002/93/CE of 12/3/2002 (OJ L 331
of 12/7/2002, 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33),
-32003 L 0092: Council Directive 2003 /92/CE of 10/7/2003 (OJ L 260
of 10/11/2003, p. 8),
-32004 L 0007: Council Directive 2004 /7/CE of 1/20/2004 (OJ L 27
of 1/30/2004, p. 44),
-32004 L 0015: Council Directive 2004 /15/CE of 2/10/2004 (OJ L 52
of 2/21/2004, p. 61),
-32004 L 0066: Council Directive 2004 /66/CE of 04/26/2004 (OJ L 168
of 05/01/2004, p. 35).
In Article 24-A, before the indent "-in the Czech Republic: EUR 35000;", is inserted
the following indent:
"-in Bulgaria: EUR 25600;".
and, after the indent "-in Poland: EUR 10000;", the following indent is inserted:
"-in Romania: EUR 35000;".
2. 31992 L 0083: Council Directive 92/83/CEE of October 19, 1992,
on the harmonisation of the structure of excise taxes on alcohol
and alcoholic beverages (OJ L 316, 10/31/1992, p. 21), as amended to be given
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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
(a) Article 22 (6) is replaced by the following:
" 6. Bulgaria and the Czech Republic can apply reduced rates of
tax, not less than 50% to the national standard rate of tax
special consumption on ethyl alcohol, ethyl alcohol produced by
distilleries from fruit producers that produce more annually
of 10 hectolitres of ethyl alcohol from fruit supplied by aggregates of
producers. The application of the reduced rates is limited to 30 litres annual
fruit spirits based on fruit by aggregate of producers, exclusively
intended for personal consumption of the same. "
b (b) Article 22 (7) is replaced by the following:
" 7. Hungary, Romania and Slovakia may apply reduced rates of
tax, not less than 50% to the national standard rate of tax
special consumption on ethyl alcohol, ethyl alcohol produced by
fruit grower distilleries that produce annually more than 10
hectolitres of ethyl alcohol from fruit supplied by aggregates of
producers. The application of the reduced rates is limited to 50 litres annual
fruit spirits based on fruit by aggregate of producers, exclusively
intended for personal consumption of them. The Commission should review this scheme
in 2015 and submit a 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
A. AGRICULTURAL LEGISLATION
1. Treaty establishing the European Community, Part III, Title II: Agriculture
The Council, acting by a qualified majority on a proposal from the Commission and after
consultation with the European Parliament, will amend the regulation establishing the organisation
common market in the sugar sector to take into account the accession of Bulgaria and the
Romania, by adjusting the sugar and isoglucose quotas and needs
highs of supply for the import of raw sugar, set out in the table
next, which could be adapted in the same way as the quotas of the present states-
Members, in order to ensure compliance with the principles and objectives of the
common organization of market in the sugar sector then in force.
Quantities agreed
(in tonnes)
Bulgaria Romania
Base quantity for sugar (1)
4752109164
of which: A 4320 to 99240
B 432 9924
Maximum supply needs for
the import of raw sugar (expressed in
white sugar)
198748329636
Base quantity for isoglycosis (2)
56063 to 9981
of which: A 56063 to 9790
B 0191
(1) In tons of white sugar.
(2) In tonnes of dry matter.
If Bulgaria so requests it in 2006, the basic quantities of sugar A and B
above-mentioned will pass to the basic quantities of isoglycosis A and B of the
Bulgaria.
2. 31998 R 2848: Commission Regulation (EC) No 2848/98 of December 22
of 1998, laying down detailed rules for the implementation of Regulation (EEC) No 2075/92 of the
Advice with regard to the premium scheme, production quotas and aid
specific to be granted to producer groups in the rama tobacco sector (OJ
L 358 of 12/31/1998, p. 17), as amended by:
-31999 R 0510: Commission Regulation (EC) No 510/1999 of 3/8/1999
(OJ L 60, 3/9/1999, p. 54),
-31999 R 0731: Commission Regulation (EC) No 731/1999 of 4/7/1999
(OJ L 93, 4/8/1999, p. 20),
-31999 R 1373: Commission Regulation (EC) No 1373/1999 of 6/25/1999
(OJ L 162, 6/26/1999, p. 47),
-31999 R 2162: Commission Regulation (EC) No 2162/1999 of 10/12/1999
(OJ L 265, 10/13/1999, p. 13),
-31999 R 2637: Commission Regulation (EC) No 2637/1999 of 12/14/1999
(OJ L 323, 12/15/1999, p. 8),
-32000 R 0531: Commission Regulation (EC) No 531/2000 of 3/10/2000
(OJ L 64, 3/11/2000, p. 13),
-32000 R 0909: Commission Regulation (EC) No 909/2000 of 5/2/2000
(OJ L 105, 5/3/2000, p. 18),
-32000 R 1249: Commission Regulation (EC) No 1249/2000 of 6/15/2000
(OJ L 142, 6/16/2000, p. 3),
-32001 R 0385: Commission Regulation (EC) No 385/2001 of 2/26/2001
(OJ L 57, 2/27/2001, p. 18),
-32001 R 1441: Commission Regulation (EC) No 1441/2001 of 7/16/2001
(OJ L 193, 7/17/2001, p. 5),
-32002 R 0486: Commission Regulation (EC) No 486/2002 of 3/18/2002
(OJ L 76, 3/19/2002, p. 9),
-32002 R 1005: Commission Regulation (EC) No 1005/2002 of 6/12/2002
(OJ L 153, 6/13/2002, p. 3),
-32002 R 1501: Commission Regulation (EC) No 1501/2002 of 8/22/2002
(OJ L 227, 8/23/2002, p. 16),
-32002 R 1983: Commission Regulation (EC) No 1983/2002 of 11/7/2002
(OJ L 306, 11/8/2002, p. 8),
-32004 R 1809: Commission Regulation (EC) No 1809/2004 of 10/18/2004
(OJ L 318, 10/19/2004, p. 18).
If necessary and through the procedure referred to in Article 23 of the
Council Regulation (EC) No 2075/92 of June 30, 1992 laying down the
common market organization in the rama tobacco sector 1 , the Commission shall adopt,
to the date of accession, the necessary changes to the Community list of the production areas
recognized constants of Annex II to Regulation (EC) No 2848/98, to have in
account for the accession of Bulgaria and Romania, in particular in order to insert in that list the
production areas designated by Bulgaria and Romania.
3. 32003 R 1782: Council Regulation (EC) No 1782/2003,
of September 29, 2003, which sets out common rules for support schemes
direct within the framework of the common agricultural policy and establish certain support schemes
to farmers and amend the Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC)
n. 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC)
n. 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ L 270
of 10/21/2003, p. 1), as amended by:
-32004 R 0021: Council Regulation (EC) No 21/2004 of 12/17/2003
(OJ L 5, 1/9/2004, p. 8),
-32004 R 0583: Council Regulation (EC) No 583/2004 of 3/22/2004
(OJ L 91, 3/30/2004, p. 1),
-32004 D 0281: Decision 2004 /281/CE of the Council of 3/22/2004 (OJ L 93
of 3/30/2004, p. 1),
-32004 R 0864: Council Regulation (EC) No 864/2004 of 4/29/2004 (OJ
L 161 of 4/30/2004, p. 48).
1 OJ L 215, 7/30/1992, p. 70.
(a) the Council, acting by a qualified majority, on a proposal from the Commission and
after consultation with the European Parliament, shall adopt the necessary provisions for
that Bulgaria and Romania integrate aid to seed production in the schemes
of support provided for in Chapter 6 of Title III and in Title IV-A of the
Regulation (EC) No 1782/2003.
(i) Those provisions shall include the following amendment of Annex XI A " Limits
maximum for seed production aids in the new Member States
referred to in Article 99 (3) of Regulation (EC) No 1782/2003 with a
wording that was given to it by Regulation (EC) No 583/2004:
" ANNEX XI A
Maximum limits for seed production aids in the new Member States
referred to in Article 99 (3).
(EUR million)
Calendar year Bulgaria Republic
Czech Estonia Cyprus Latvia Hungary Malta Poland Romania Slovenia
Slovakian
a
2005-0.87 0.04 0.0
3 0.10 0.10 0.78 0.03 0.56
-0.08 to 0.04
2006-1.02 0.04 0.0
3 0.12 0.12 0.90 0.03 0.65
-0.10 to 0.04
2007 0.11 1.17 0.05 0.0
4 0.14 0.14 1.03 0.04 0.74 0.19 0.11 0.05
2008 0.13 1.46 0.06 0.0
5 0.17 0.17 1.29 0.05 0.93 0.23 0.14 0.06
2009 0.15 1.75 0.07 0.0
6 0.21 0.21 1.55 0.06 1.11 0.26 0.17 0.07
2010 0.17 2.04 0.08 0.0
7 0.24 0.24 1.81 0.07 1.30 0.30 0.19 0.08
2011 0.22 2.33 0.10 0.0
8 0.28 0.28 2.07 0.08 1.48 0.38 0.22 0.09
2012 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
2013 0.30 2.91 0.12 0.1
0 0.35 0.35 2.59 0.10 1.85 0.53 0.28 0.12
2014 0.34 2.91 0.12 0.1
0 0.35 0.35 2.59 0.10 1.85 0.60 0.28 0.12
2015 0.39 2.91 0.12 0.1
0 0.35 0.35 2.59 0.10 1.85 0.68 0.28 0.12
2016 0.43 2.91 0.12 0.1
0 0.35 0.35 2.59 0.10 1.85 0.75 0.28 0.12
years
following 0.43 2.91 0.12
0.1
0 0.35 0.35 2.59 0.10 1.85 0.75 0.28 0.12
"
ii) It is the apportionment of the national maximum quantities of seeds to which it is
applicable for help:
Breakdown of the national maximum quantities of seeds to which aid is applicable
(in tonnes)
Bulgaria Romania
Rice seed ( Oryza sativa L.) 883.2 100
Other seeds 936 to 2294
(b) the Council, acting by a qualified majority on a proposal from the Commission, and
after consultation with the European Parliament, adopt the necessary provisions in
relation to Bulgaria and Romania to integrate tobacco aid into the regimes of
support set out in Chapter 6 of Title III and Title IV-A of the
Regulation (EC) No 1782/2003.
The agreed apportionment of the national guarantee thresholds for tobacco are the
following:
Agreed apportionment of national guarantee thresholds for tobacco
(in tonnes)
Bulgaria Romania
Total, of which: 47137 to 12312
I Dry hot air 9023 4647
II Of course dry to air 3208 2370
V Dry to the sun 5295
VI Basmas 31106
VIII Kaba Koulak 3800
B. VETERINARY AND PHYTOSANITARY LEGISLATION
31999 L 0105: Council Directive 1999 /105/CE of December 22, 1999,
on the marketing of forest reproductive materials (OJ L 11, 1/15/2000,
p. 17).
If necessary and through the procedure referred to in Article 26 (3) of the
Directive 1999 /105/CE, the Commission shall make the adjustment of Annex I of the said
directive with regard to 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: others
permanent provisions
1. LAW OF SOCIETIES
Treaty establishing the European Community: Part III, Title I-The free movement of
goods
SPECIFIC MECHANISM
As far as Bulgaria or Romania, the holder-or the beneficiary-of a patent
or of a complimentary certificate of protection of a pharmaceutical product requested
in a Member State on a date when it was not possible to obtain such protection in one of the
new Member States referred to above for such product, may invoke the rights
conferred by that patent or complimentary certificate of protection to prevent the
import and marketing of that product in the State or Member States in which the
product in question enjoys the protection afforded by the patent or the certificate
complimentary of protection, even if the said product has been placed in the
market for the first time in that new Member State by itself or with its
consent.
Any person who intends to import or commercialize a pharmaceutical product
covered by the preceding paragraph for a Member State where the product enjoys
protection afforded by the patent or supplementary protection, must prove to the
competent authorities, in the application relating to such import, that the holder or the
beneficiary of that production was previously notified with the deadline of one month.
2. COMPETITION POLICY
Treaty establishing the European Community: Part III, Title VI, Chapter 1-The rules
of competition
1. The aid schemes and individual aid to be given in implementation
in a new Member State prior to the date of accession and which continue to be
applicable after that date shall be considered, at the time of accession,
existing aid within the meaning of Art. 88 (1) of the EC Treaty:
a) aid measures in implementation before December 10, 1994;
b) aid measures listed in the Appendix to this Annex;
c) aid measures which, prior to the date of accession, have been assessed by the
authority for control of State aid of the new Member State and
considered to be compatible with the acquis, and to which the Commission did not
raised objections motivated by serious doubts as to compatibility
of the measures with the common market, pursuant to section 2.
All measures still applicable after the date of accession which constitute a
state aid and do not fulfil the conditions set out above are considered
new aid at the time of accession, for the purposes of Art. 88 (3) of the
EC treaty.
The above shall not apply to aid to the transport sector, nor to the
activities associated with the production, processing or marketing of the
products listed in Annex I to the EC Treaty other than fishery products and
derived products.
In addition, the above shall be without prejudice to the transitional measures concerning the
Competition Policy provided for in the Act nor the measures provided for in the Annex
VII, Chapter 4, Section B, of the Act.
2. If a new Member State wishes the Commission to examine a measure of
aid under the procedure described in point (c) of section 1, will provide
regularly to the Commission:
a) A list of the existing aid measures that have been assessed by the
national authority for control of State aid and for it considered
compatible with the acquis, and
b) Any other essential information for the evaluation of the
compatibility of the aid measure to be analysed,
under the concrete requirements laid down by the Commission in respect of
information.
If the Commission does not object to the measure on the basis of serious doubts as to the
compatibility of the same with the common market, within three months a
count of the date of receipt of the full information on the aid measure
existing, or from a declaration by a new Member State in which this informs
the Commission that it considers the information provided complete, by virtue of the
additional information requested are not available or have already been
provided, it is considered that the Commission has not raised any objections.
All aid measures submitted to the Commission pursuant to paragraph (c) of the
point 1 before the date of accession shall be subject to the procedure described
supra, regardless of the fact that, during the period of analysis, the new
Member State concerned if it has meanwhile become a member of the Union.
3. If the Commission decides to raise objections to a measure within the meaning of paragraph (c)
of point 1, such a decision shall be considered as a decision of initiation of a
formal investigation procedure within the meaning of the Regulation (EC)
n ° 659/1999 of the Council of March 22, 1999 laying down the rules of
implementation of Article 93 of the EC Treaty 1 .
If taken before the date of accession, such a decision shall only produce effects to
from the date of accession.
1 OJ L 83, 3/27/1999, p. 1. Regulation with the last wording given by the
Act of Accession of 2003 (OJ L 236, 9/23/2003, p. 33).
4. Without prejudice to the procedures relating to 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
prior to the date of accession and which continue to apply after that date shall
be considered existing aid within the meaning of Art. 88 (1) of the Treaty
EC in the following conditions:
-the aid measures shall be communicated to the Commission within the period of
four months from the date of accession. Such communication must include
information on the legal basis of each measure. The aid measures
existing and projects relating to the institution or alteration of any
aid, communicated to the Commission prior to the date of accession, will be
considered to have been communicated on the date of accession.
Such aid measures should be considered "existing aid" within the meaning
of Article 88 (1) of the EC Treaty by the end of the third year from the date
of the accession.
The new Member States shall change, where necessary, the measures of
aid in order to comply with the guidelines applied by the Commission the most
not later than the end of the third year from the date of accession. After that date, the
aid incompatible with the above-mentioned guidelines will be considered
new aid.
5. As far as Romania is concerned, paragraph 1 (c) shall only be applicable to the measures of
aid assessed by the national state aid control authority after the
date, decided by the Commission on the basis of a permanent examination of the
commitments made by Romania in the context of the accession negotiations,
in which Romania has reached a satisfactory level in the application of the
law in the field of State aid in the period prior to accession. Considers itself
that a satisfactory level has been reached when Romania demonstrates that it proceeds
to the consistent implementation of the complete and appropriate control of State aid in
relation to all aid measures granted in Romania, including the
approval and implementation, on the part of the national supervisory authority of the
state aid, of full and correctly grounded decisions that
conduct an accurate assessment of the nature of state aid of each measure and
a correct application of the compatibility criterion.
The Commission may raise objections, prompted by serious doubts as to the
compatibility with the common market, to any aid measures
granted in the pre-accession period between September 1, 2004 and the date
established in the decision of the Commission referred to above, in which it is found that the
implementation of the law in the implementation of State aid has reached a level
satisfactory. The Commission's decision to raise objections to a measure will be
considered a decision of initiation of a formal investigation procedure, in the
meaning of Regulation (EC) No 659/1999. If taken before the date of the
accession, such a decision shall only produce effect from the date of accession.
Where to approve a negative decision after the start of a procedure
formal research, the Commission should decide that Romania should take
all necessary measures for the aid to be recovered. The aid to
recover should include interest at an appropriate rate determined according to the
Regulation (EC) No 794/2004 1 , chargable from the same date.
3. AGRICULTURE
a) Treaty establishing the European Community: Part III, Title II-Agriculture
1. Public stocks held at the date of accession by the new Member States and
resulting from their market support policy should be taken up by the
Community with the value resulting from the application of Article 8 of the
Council Regulation (EEC) No 1883/78 of August 2, 1978 on the
general rules on the financing of interventions by the European Fund of
Agricultural Guidance and Guarantee, Section Guarantee 2 . The take on the job only if
1 Commission Regulation (EC) No 794/2004 of April 21, 2004 on the application
of the Council Regulation (EC) No 659/1999 laying down the rules for the implementation of the
Article 93 of the EC Treaty (OJ L 140, 4/30/2004, p. 1). 2 OJ L 216, 8/5/1978, p. 1. Regulation with the last wording given by the
it carries out if the products in question are the subject of public intervention in the
Community and if stocks correspond to community requirements in
matter of intervention.
2. The stocks of products, private or public, that find themselves in free
practice at the date of accession in the territory of the new Member States and which exceed,
in quantity, which can be considered a normal reporting existence
shall be removed at the expense of the new Member States.
The notion of normal reporting existence will be defined for each product on the basis of
in the criteria and own objectives of each common market organization.
3. The stocks referred to in paragraph 1 shall be deducted from the quantities which
exceed normal reporting stocks.
4. The Commission shall implement and implement the preceding provisions in the terms of
article 13 of Council Regulation (EC) No 1258/1999 of May 17
1999, relating to the financing of the common agricultural policy 1 or, if appropriate, in the
terms of Article 42 (2) of Council Regulation (EC) No 1260/2001 of the Council,
of June 30, 2001, which establishes the common organization of the market in the
sugar sector 2 , or of the corresponding articles of the other regulations which
establish the common organization of agricultural markets or of the committee
relevant determined by applicable legislation.
(b) Treaty establishing the European Community: Part III, Title VI, Chapter 1-As
rules of competition
Without prejudice to the procedures relating to existing aid provided for in the article
88. of the EC Treaty, the aid schemes and individual aid granted to
activities associated with the production, processing or marketing of the products
Regulation (EC) No 1259/96 (OJ L 163, 7/2/1996, p. 10).
1 OJ L 160, 6/26/1999, p. 103.
2 OJ L 178, 6/30/2001, p. 1. Regulation with the last wording given by the
Regulation (EC) No 39/2004 (OJ L 6, 1/10/2004, p. 16).
listed in Annex I to the EC Treaty, with the exception of fishery products and products
derivatives, which have been put into effect in a new Member State before the
date of accession and continue to be applicable after that date, must be considered
existing aid within the meaning of Article 88 (1) of the EC Treaty in the following
condition:
-the aid measures shall be communicated to the Commission within four
months from the date of accession. This communication must include information
on the legal basis of each measure. The existing aid measures and the
projects relating to the institution or amendment of any aid, communicated to
Commission before the date of accession, shall be considered as having been
reported on the date of accession. The Commission shall publish a list of such aid.
Such aid measures shall be considered "existing aid" within the meaning of the
n Article 88 (1) of the EC Treaty by the end of the third year from the date of
accession.
The new Member States shall change, where necessary, the measures of
aid 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 above mentioned guidelines will be considered new
aid.
4. CUSTOMS UNION
Treaty establishing the European Community: Part III, Title I: " The free movement of
goods ", Chapter I:" The customs union "
31992 R 2913: Council Regulation (EEC) No 2913/92 of October 12
of 1992, which sets out the Community Customs Code (OJ L 302, 10/19/1992, p.
1), with the last wording given 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33),
31993 R 2454: Commission Regulation (EEC) No 2454/93 of July 2, 1993,
fixing certain provisions for the implementation of Regulation (EEC) No 2913/92 of the
Council laying down the Community Customs Code (OJ L 253, 10/11/1993, p.
1), with the last wording given by:
-32003 R 2286: Commission Regulation (EC) No 2286/2003 of 12/18/2003 (OJ
L 343 of 12/31/2003, p. 1).
The Regulations (EEC) No 2913/92 and 2454/93 shall apply to the new States-
-Members subject to the following specific provisions:
PROOF OF COMMUNITY STATUS (TRADE IN THE
EXTENDED COMMUNITY)
1. Notwithstanding Article 20 of the Regulation (EC) No 2913/92, the goods which
at the date of accession are in temporary deposit or subject to one of the destinations and
customs arrangements referred to in point (b) of point 15 and (b) to (g) of point 16
of Article 4 of that Regulation, in the enlarged Community, or which are being
carried after the formalities of export in the Community
extended, will be exempt from customs duties and other customs measures when
have been declared for introduction into free practice in the enlarged Community, since
to submit one of the following evidence:
a) Certificate of preferential origin duly issued or drawn up before the
date of accession under one of the European Agreements set forth below or of
equivalent preferential agreements concluded between the new Member States,
that includes a ban or a drawback of customs duty drawback
on non-originating materials used in the manufacture of products in relation to the
which a proof of origin has been issued or drawn up (rule of " no
draubaque ");
European Agreements:
-21994 A 1231 (24) European Agreement establishing an Association between the
European Communities and their Member States, on the one hand, and the
Republic of Bulgaria, on the other-Protocol No 4 on the definition of the
notion 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, on the one hand, and the
Romania, on the other-Protocol No 4 on the definition of the notion of
"originating products" and methods of administrative cooperation 2 ;
(b) One of the evidence of the Community status referred to in Article 314-C of the
Regulation (EEC) No 2454/93;
c) An ATA booklet issued prior to the date of accession in a current Member State or
in a new Member State.
2. For the purpose of issuing the evidence 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 Article 4 (7) of the
Regulation (EEC) No 2913/92, is understood by "Community goods" as
goods:
-entirely obtained in the territory of one of the new Member States in
conditions identical to those of Article 23 of Regulation (EEC) No 2913/92 without
incorporation of imported goods from other countries or territories; or
-imported from countries or territories other than the country in question and introduced in
1 OJ L 358, 12/31/1994, p. 3. Protocol with the last wording that was given by the
Decision No 1/2003 of the EU/Bulgaria Association Council of 6/4/2003 (OJ L 191
of 7/30/2003, p. 1). 2 OJ L 357, 12/31/1994, p. 2. Protocol with the last wording which was given by the
Decision No 2/2003 of the EU/Romania Association Council of 9/25/2003 (not yet
published in the Official Journal).
free practice in that country; or
-obtained in the country concerned, either exclusively from the goods referred to
in the second indent of this paragraph, either from the goods referred to
in the first and second indents of this paragraph.
3. For the purpose of verification of the evidence referred to in point (a) of paragraph 1, they are
applicable provisions relating to the definition of the notion of "originating products" and the
methods of administrative cooperation under the respective European Agreements or
of the equivalent preferential agreements concluded between the new Member States. The
requests for verification a posteriori of such evidence is accepted by the authorities
relevant customs of the present Member States and of the new Member States
within three years of the issuance of the proof of origin in question and may be
presented by those authorities within three years of acceptance of the proof
of origin in support of a declaration of free practice.
PROOF OF PREFERENTIAL ORIGIN (TRADE WITH COUNTRIES
THIRD PARTIES, SPECIFICALLY WITH TURKEY, IN THE SCOPE OF
PREFERENTIAL AGREEMENTS IN RESPECT OF AGRICULTURAL PRODUCTS AND
COAL AND STEEL PRODUCTS)
4. Without prejudice to the application of any measures arising from the policy
common commercial, the evidence of origin duly issued by third countries or
established in the framework of preferential agreements entered into by the new States-
-Members with those countries, or issued or established in the framework of the legislation
unilateral national of the new Member States will be accepted in the new states-
-Members, provided that:
a) The acquisition of such a source confers the right to preferential tariff treatment
on the basis of the preferential tariff measures included in agreements or arrangements
that the Community has concluded with third countries or groups of countries
third parties or adopted for the benefit of those countries or groups of countries, referred to
in subparagraphs (d) and (e) of Article 20 (3) of Regulation (EEC) No 2913/92; and
b) The proof of origin and the transport documents have been issued or
prepared no later than the day before that of the accession; and
c) The proof of origin is presented to the customs authorities within four
months from the date of accession.
If the goods have been declared for introduction into free practice in a new
Member State prior to the date of accession, proof of origin issued or established a
posteriori under agreements or preferential arrangements in force in that new state-
Member at the date of the introduction in free practice may also be accepted in the new
Member state in question, provided that it is presented to the customs authorities in the
period of four months from the date of accession.
5. Bulgaria and Romania shall be allowed to conserve authorizations through
of which the status of "authorised exporter" has been granted in the framework of
agreements concluded with third countries, provided that:
a) This provision is also provided for in the agreements concluded prior to the date of
accession by those third countries with the Community; and
b) Authorized exporters apply the rules of origin provided for in these
agreements.
The new Member States shall replace such authorisations no later than one year after
the date of accession, by new authorizations issued under the conditions laid down in the legislation
community.
6. For the purpose of verification of the evidence referred to in paragraph 4, the
provisions relating to the definition of the notion of "originating products" and methods of
administrative cooperation of the relevant agreements or arrangements. The requests for
verification a posteriori of such evidence is accepted by the customs authorities
competent of the present Member States and of the new Member States within the period of
three years from the issue of the proof of origin in question and can be submitted
by those authorities within three years of the acceptance of proof of origin in
support of a free-practice statement.
7. Without prejudice to the application of any measures arising from the policy
common commercial, the evidence of origin issued a posteriori by third countries in the
scope of preferential agreements concluded by the Community with those countries will be
accepted in the new Member States for the introduction into free practice of goods
that, at the date of accession, find themselves in transit or in temporary deposit in a
customs warehouse or in a free zone in one of those third countries or in that new
Member State, provided that in the new Member State in which the introduction is made
in free practice is not in force any free trade agreement with that country
third, for the products concerned, at the time of the issuance of the documents of
transport and provided that:
a) The acquisition of such a source confers the right to preferential tariff treatment
on the basis of the preferential tariff measures included in agreements or arrangements
that the Community has concluded with third countries or groups of countries
third parties or adopted for the benefit of those countries or groups of countries, referred to
in subparagraphs (d) and (e) of Article 20 (3) of Regulation (EEC) No 2913/92; and
b) Transport documents have been issued no later than the day before
to that of accession; and
c) The proof of origin issued a posteriori be presented to the customs authorities
within four months of the date of accession.
8. For the purpose of verification of the evidence referred to in paragraph 7, the
provisions relating to the definition of the notion of "originating products" and methods of
administrative cooperation of the relevant agreements or arrangements.
PROOF OF STATUS UNDER THE PROVISIONS RELATING TO FREE
PRACTICE OF INDUSTRIAL PRODUCTS WITHIN THE FRAMEWORK OF THE UNION
CE-TURKEY CUSTOMS
9. The evidence of origin duly issued by Turkey or by a new
Member State in the framework of preferential trade agreements applied to each other that
allow for a source cumulation with the Community based on rules of origin
identical and a ban on drawback or a suspension of customs duties on
the goods in issue will be accepted in their respective countries as proof of status
under the provisions on the free practice of established industrial products
in Decision No 1/95 of the EC-Turkey Association Council 1 , provided that:
a) The proof of origin and the transport documents have been issued the most
not later than the day before that of accession; and
b) The proof of origin is presented to the customs authorities within four
months from the date of accession.
If the goods have been declared for introduction into free practice in Turkey
or in a new Member State prior to the date of accession under the framework of the agreements
preferred trade above, proof of origin issued a posteriori to the
shelter from those agreements may also be accepted, provided that it is submitted to the
customs authorities within four months of the date of accession.
10. For the purpose of verification of the evidence referred to in paragraph 9, the
provisions relating to the definition of the notion of "originating products" and methods of
administrative cooperation of the relevant preferential agreements. The requests for
verification a posteriori of such evidence is accepted by the customs authorities
competent of the present Member States and of the new Member States within the period of
three years from the issue of the proof of origin in question and can be submitted
by those authorities within three years of the acceptance of proof of origin in
support of a free-practice statement.
1 Decision No 1/95 of the Council of the EC-Turkey Association of 12/22/1995 on the
passage to the definitive phase of the Customs Union (OJ L 35, 2/13/1996, p. 1). Decision
as last amended given by Decision No 2/99 of the Association Council
EC-Turkey (OJ L 72, 3/18/1999, p. 36).
11. Without prejudice to the application of any measures arising from the policy
common commercial, the A circulation certificates A. TR issued under the
provisions relating to the free practice of industrial products established in the Decision
n. 1/95 of the EC-Turkey Association Council of December 22, 1995 will be
accepted in the new Member States for the introduction into free practice of goods
that, at the date of accession, are being carried after the formalities have been completed
of export in the Community or in Turkey, or are in temporary deposit or
subject to one of the customs arrangements referred to in points (b) to (h) of point 16 of the
Article 4 of Regulation (EEC) No 2913/92 in Turkey or in that new State-
Member, provided that:
a) It is not presented for the goods in issue none of the evidence of
source referred to in paragraph 9; and
b) The goods meet the conditions for the implementation of the provisions
relating to the free practice of industrial products; and
c) Transport documents have been issued no later than the day before the
of the accession; and
d) The certificate of circulation A. TR is presented to the customs authorities in the
period of four months from the date of accession.
12. For the purpose of verification of the movement certificates A. TR referred to in
n. 11, the provisions relating to the issuance of movement certificates shall apply
A. TR and the methods of administrative cooperation under Decision No 1/2001 of the
CE/Turkey Customs Cooperation Committee 1 .
CUSTOMS REGIMES
1 Decision No 1/2001 of the EC-Turkey Customs Cooperation Committee of 3/28/2001, which
changes Decision No 1/96 introducing implementing standards for the implementation of the Decision
n. 1/95 of the EC-Turkey Association Council (OJ L 98, 4/7/2001, p. 31). Decision
as last amended given by Decision No 1/2003 of the Cooperation Committee
EC-Turkey Customs (OJ L 28, 2/4/2003, p. 51).
13. The temporary deposit and customs arrangements referred to in points (b) to (h) of the
point 16 of Article 4 of Regulation (EEC) No 2913/92 that have started before
of the accession shall end or be ascertained under the conditions laid down in the legislation
community.
In cases where the end or clearance of the scheme has the effect of the constitution of
a customs debt, the amount of import duties to be paid will be what it was
in force at the time of the constitution of the customs debt under the Tariff
Common Customs and the amount paid will be considered as an own resource of the
Community.
14. The provisions relating to the customs warehousing procedure set out in the
articles 84 to 90 and Articles 98 to 113 of the Regulation (EEC) No 2913/92 and of the
articles 496 to 535 of Regulation (EEC) No 2454/93 shall apply to new
Member States subject to the following:
-When the amount of a customs debt is determined on the basis of
nature of the imported goods, in the value for customs purposes and in the
quantity of the goods imported at the time of acceptance of the declaration
of the subjection of such goods to the customs warehousing scheme, and when that
statement has been accepted prior to the date of accession, these elements will be the
resulting from the legislation applicable in the new Member State concerned before the
date of accession.
15. The provisions relating to the active enhancement regime set out in
articles 84 to 90 and Articles 114 to 129 of the Regulation (EEC) No 2913/92 and of the
articles 496 to 523 and articles 536 to 550 of the Regulation (EEC) No 2454/93 are
applicable to the new Member States subject to the following:
-When the amount of a customs debt is determined on the basis of
nature of the imported goods, in their tariff classification, in the quantity,
in the value for customs purposes and the origin of the goods imported in the
moment in which they were subjected to such a regime, and when the declaration of subjection
of such goods to the scheme has been accepted prior to the date of accession, those
elements will be those resulting from the applicable legislation in the new Member State
at cause before the date of accession;
-When the clearance of the scheme has by effect the constitution of a debt
customs, in order to maintain equity between the holders of authorisations
established in the present Member States and the holders of authorisations
established in the new Member States, compensatory interest will be paid to
from the date of accession on the import duties due under the conditions
provided for in the Community legislation;
-if the declaration of subjection to the active enhancement scheme has been accepted
under a drawback system, the drawback will be carried out, in the conditions
provided for in the Community legislation, by the new Member State in which it has been
constituted, before the date of accession, the customs debt in respect of which it is
requested the drawback, and at the expense of that same state.
16. The provisions relating to the temporary import arrangements set out in
articles 84 to 90 and Articles 137 to 144 of the Regulation (EEC) No 2913/92 and of the
articles 496 to 523 and articles 553 to 584 of the Regulation (EEC) No 2454/93 are
applicable to the new Member States subject to the following:
-When the amount of a customs debt is determined on the basis of
nature of the imported goods, in their tariff classification, in the quantity,
in the value for customs purposes and the origin of the goods imported in the
moment in which they were subjected to such a regime, and when the declaration of subjection
of such goods to the scheme has been accepted prior to the date of accession, those
elements will be those resulting from the applicable legislation in the new Member State
at cause before the date of accession;
-When the clearance of the scheme has by effect the constitution of a debt
customs, in order to maintain equity between the holders of authorisations
established in the present Member States and the holders of authorisations
established in the new Member States, compensatory interest will be paid to
from the date of accession on the import duties due under the conditions
provided for in the Community legislation.
17. The provisions relating to the passive improvement scheme set out in
articles 84 to 90 and Articles 145 to 160 of the Regulation (EEC) No 2913/92 and of the
articles 496 to 523 and articles 585 to 592 of the Regulation (EEC) No 2454/93 are
applicable to the new Member States subject to the following:
-The second paragraph of Article 591 of Regulation (EEC) No 2454/93 is
applicable mutatis mutandis to the temporary export goods that have
been exported temporarily prior to the date of accession from the new
Member States.
OTHER PROVISIONS
18. authorisations that have been granted before the date of accession to
benefit from the customs arrangements referred to in points (d), (e) and (g) of point 16 of the
Article 4 of Regulation (EEC) No 2913/92 are valid until the expiry of their validity
or up to one year after the date of accession, depending on the date that occurs in the first place.
19. The provisions relating to the formation of a customs debt, to the register of
settlement and collection a posteriori constants of Articles 201 to 232 of the
Regulation (EEC) No 2913/92 and Articles 859 to 876-A. of Regulation (EEC)
n. 2454/93 shall apply to the new Member States subject to the following:
-The collection is carried out under the conditions laid down in the Community legislation.
However, in cases where the customs debt has been constituted before the date
of the accession, collection shall be carried out under the conditions in force in the new State-
-Member concerned prior to accession, by himself and in his favour.
20. The provisions applicable to the refund and waiver of payment of duties
constants of Articles 235 to 242 of Regulation (EEC) No 2913/92 and of the
articles 877 to 912 of Regulation (EEC) No 2454/93 shall apply to new
Member States subject to the following:
-The refund and waiver of payment of the rights are carried out in the conditions
provided for in the Community legislation. However, in cases where the rights whose
refund or waiver of payment if it asks if they refer to a customs debt
constituted before the date of accession, the refund and the dispensation of payment of the
rights are carried out under the conditions in force in the new Member State concerned
prior to accession, by himself and at his own expense.
Appendix to ANNEX V
List of existing aid measures
referred to in point (b) of point 1 of the existing aid mechanism
provided for in Chapter 2 of Annex V
Note: The aid measures listed in this Appendix shall only be
considered existing aid for the purposes of the planned existing aid mechanism
in Chapter 2 of Annex V to the extent that they are actually covered by the
scope of application of point 1.
No. Title (original) Date of approval
by the authority
national of control
of state aid
Duration
IN NO Year
BG 1 2004
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_________________
ANNEX VI
List referred to in Article 23 of the Act of Accession:
transitional measures-Bulgaria
1. FREE MOVEMENT OF PERSONS
Treaty wants to establish the European Community
31968 R 1612: Council Regulation (EEC) No 1612/68,
of October 15, 1968, concerning the free movement of workers in the Community
(OJ L 257, 10/19/1968, p. 2), with the last wording given by:
-32004 L 0038: Directive 2004 /38/CE of the European Parliament and of the Council,
of 4/29/2004 (OJ L 158, 4/30/2004, p. 77)
31996 L 0071: Directive 96 /71/CE of the European Parliament and of the Council,
of December 16, 1996, concerning the posting of workers in the framework of
a provision of services (OJ L 18, 1/21/1997, p. 1).
32004 L 0038: Directive 2004 /38/CE of the European Parliament and of the Council,
of April 29, 2004, concerning the right of free movement and residence of citizens
of the Union and of the members of their families in the territory of the Member States, which
changes the Regulation (EEC) No 1612/68 and repealing Directives 64 /221/CEE,
68 /360/CEE, 72 /194/CEE, 73 /148/CEE, 75 /34/CEE, 75 /35/CEE, 90 /364/CEE,
90 /365/CEE and 93 /96/CEE (OJ L 158, 4/30/2004, p. 77).
1. Rule 39 and the first paragraph of Article 49 of the EC Treaty are
fully applicable to the freedom of movement of workers and the freedom of
provision of services involving the temporary movement of workers, such as
defined in Article 1 of Directive 96 /71/CE, between Bulgaria, on the one hand, and each
of the present Member States, on the other hand, subject to the transitional provisions
provided for in the n. paragraphs 2 a to 14.
2. By way of derogation from Articles 1 to 6 of the Regulation (EEC) No 1612/68 and up to
term of the period of two years from the date of accession, the present Member States
shall implement national measures, or measures resulting from bilateral agreements, which
regulates the access of Bulgarian nationals to their labour markets. The current
Member States may continue to implement such measures until the end of the period of
five years from the date of accession.
The Bulgarian nationals who, at the date of accession, work legally in a state-
-Current Member States and have been admitted to the labour market of that Member State
for an uninterrupted period equal to or greater than 12 months shall enjoy the right of
access to the labour market of that Member State but not to that of another State-
-Member who apply national measures.
The Bulgarian nationals who, after accession, are admitted to the labour market of
a current Member State, for an uninterrupted period equal to or greater than 12 months,
should enjoy the same rights.
The Bulgarian nationals mentioned in the second and third paragraphs above leave from
enjoy the rights referred to in these paragraphs if they voluntarily leave the
labour market of the Member State in question.
The Bulgarian nationals working legally in a current Member State at the date of
accession or during a period of application of national measures, and which have been
admitted to the labour market of that Member State for a lower period
at 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 undertake the review of the operation of the transitional measures provided for in paragraph 2,
on the basis of a report from the Commission.
Completed that review, and no later than the end of the two-year period to be counted from
date of accession, the present Member States shall report to the Commission if they go
continue to implement national measures or measures resulting from bilateral agreements, or
if, from then on, they go on to apply Articles 1 to 6 of the Regulation (EEC)
n. 1612/68. In the absence of such communication, articles 1 to 6 are applicable.
Regulation (EEC) No 1612/68.
4. At the request of Bulgaria, a further review may be carried out. Is applicable the
procedure provided for in paragraph 3, which shall be completed within six months of
count of the receipt of the application.
5. A Member State that maintains national measures or measures resulting from
bilateral agreements at the end of the five-year period indicated in paragraph 2 may, in the event of
disturbance or threat of serious disturbances from its labour market or
threats from these disorders, and after notification from the Commission, continue to apply those
measures up to the end of the seven-year period from the date of accession. On the lack of this
communication, Articles 1 to 6 of Regulation (EEC) No 1612/68 shall apply.
6. During the period of seven years from the date of accession, Member States
where, by virtue of paragraph 3, 4 or 5, apply to the Bulgarian nationals of Articles 1.
a 6 to 6 of Regulation (EEC) No 1612/68, and to grant work permits to the
Bulgarian nationals for follow-up purposes during that period, will do so
automatically.
7. Member States in which, by virtue of paragraphs 3, 4 or 5, shall apply to the
national Bulgarians Articles 1 to 6 of Regulation (EEC) No 1612/68, may
have recourse to the procedures set out in the following paragraphs by the end of the period of
seven years from the date of accession.
Where a Member State referred to in the first paragraph suffers or provides for
disturbances in its labour market that could severely threaten the standard of
life or the level of employment in a given region or profession, you must inform the fact to
Commission and the other Member States, providing them with all information
pertinent. On the basis of such information, the Member State may request the Commission
that declare the suspension, in whole or in part, of the application of Articles 1 to 6 of the
Regulation (EEC) No 1612/68, so that the situation will return to normalcy in that
region or profession. The Commission shall decide on the suspension and the duration and scope of it,
no later than two weeks from receipt of that application and notifies the Council
of that decision. Any Member State may, within two weeks of the
decision of the Commission, to request the Council to cancel or amend the decision. The
Council deliberates on such a request, by qualified majority, within two
weeks.
Any of the Member States referred to in the first subparagraph may, in cases
urgent and exceptional, suspend the application of Articles 1 to 6 of the
Regulation (EEC) No 1612/68, and shall then submit to the Commission a
notification ex-post substantiated.
8. While the application of Articles 1 to 6 of the Regulation (EEC) No 1612/68
is suspended by virtue of paragraphs 2 a to 5 and 7 above, Art. 23 of Directive 2004 /38/CE
is applicable in Bulgaria in relation to nationals of the present Member States and in the
current Member States in relation to the Bulgarian nationals, under the following conditions,
with regard to the right of the family members of the employees to exercise a
activity:
-the spouse of a worker and his / her descendants under 21 years of
age or his post, which with him legally resides in the territory of a State-
-Member at the date of accession, they have, as of that date, immediate access to the market
of work of that Member State. This provision does not apply to members of the
family of a worker who has been lawfully admitted to the market of
work from that Member State for a period of less than 12 months;
-the spouse of a worker and his / her descendants under 21 years of
age or his post, which with him legally resides in the territory of a State-
-Member States since a date subsequent to that of the accession, but during the period of
application of the transitional provisions set out above, have access to the market of
work of the Member State concerned as soon as they pervage eighteen months of
residence in that Member State, or from the third year subsequent to the date of
adhesion, depending on the date you first check.
These provisions do not undermine more favourable measures, be they national or
resulting from bilateral agreements.
9. To the extent that certain provisions of Directive 2004 /38CE, which replace
provisions of Directive 68 /360/CEE 1 , they cannot be dissociated from those of the
Regulation (EEC) No 1612/68, the application of which is deferred under the terms of paragraphs 2 a to 5 and 7
and 8, Bulgaria and the present Member States may establish derogations from those
provisions to the extent necessary for the application of paragraphs 2 a to 5 and 7 and 8.
10. Where, by virtue of the transitional provisions set out above, the present
Member States apply national measures or measures resulting from agreements
bilateral, Bulgaria may keep in force equivalent measures in relation to the
nationals of or of the Member States concerned.
11. If the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is
suspended by one of the present Member States, Bulgaria may turn to the
procedure provided for in paragraph 7 in relation to Romania. During that period, Bulgaria
shall automatically issue work permits for follow-up purposes
for the Romanians nationals.
12. Any of the present Member States applying national measures in the
terms of paragraphs 2 a to 5 and 7 a to 9 may introduce, under national law, a
freedom of movement of workers greater than that existing at the date of accession,
including full access to the labour market. From the third year on from the
date of accession, any of the present Member States applying national measures
may, at any time, decide to apply Articles 1 to 6 of the Regulation (EEC)
n. 1612/68 in substitution of those. The Commission shall be informed of that decision.
13. To cope with disturbances or the threat of serious disturbances in
certain sectors of sensitive services of their labour markets, which may
arise, in certain regions, following the transnational provision of defined services
in Article 1 of Directive 96 /71/CE, and as they apply, by virtue of the provisions
1 Council Directive 68 /360/CEE of October 15, 1968 on the deletion of the
Restrictions on the displacement and permanence of employees of Member States and their
families in the Community (OJ L 257, 10/19/1968, p. 13). Directive with the last
wording given to it by the Act of Accession of 2003 (OJ L 236, 9/23/2003, p. 33) and
repealed, with effect from April 30, 2006, by the Directive 2004 /38/CE of the
European Parliament and of the Council (OJ L 258, 4/30/2004, p. 77).
transitional above, national measures or measures resulting from agreements
bilateral to the free movement of Bulgarian workers, Germany and Austria may,
after notification of the Commission, provide for derogations 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 Bulgaria, limit the temporary movement of workers whose right to
engage in an activity in Germany and Austria is subject to national measures.
The list of the service sectors that may be covered by this derogation is the
next:
-in Germany:
Sector NACE Code * , unless otherwise stated
Construction, including related activities 45.1 a to 4;
Activities listed in the Annex to
Directive 96 /71/CE
Industrial cleaning activities 74.70 Industrial cleaning activities
Other services 74.87 Exclusively decoration activities
of interior
-in Austria:
Sector NACE Code * , unless otherwise stated
Activities of the services related to
horticulture
01.41
Sawdust, cutting and finishing of stone 26.7
Manufacture of building structures
metallics
28.11
Construction, including related activities 45.1 a to 4;
Activities listed in the Annex to
Directive 96 /71/CE
Safety activities 74.60
Industrial cleaning activities 74.70
Nursing home care 85.14
Social service and activities without accommodation 85.32
* NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90,
of October 9, 1990, concerning the statistical nomenclature of economic activities
in the European Community (OJ L 293, 10/24/1990, p. 1). Regulation with the last
wording that was given by 32003 R 0029: Regulation (EC) No 1882/2003 of the
European Parliament and of the Council of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
To the extent that Germany or Austria provide for derogations from the first
paragraph of Article 49 of the EC Treaty, in the terms of the preceding paragraphs, Bulgaria
may, after notification of the Commission, adopt equivalent measures.
The application of this paragraph shall not result in conditions of movement
temporary workers in the context of the transnational provision of services between the
Germany or Austria and Bulgaria more restrictive than the victors at the date of
signature of the Treaty of Accession.
14. The application of paragraphs 2 a to 5 and 7 a to 12 may not result in conditions of access of the
national Bulgarians to the labour markets of the present Member States more
restrictive than those in force at the date of the signing of the Accession Treaty.
Notwithstanding the application of paragraphs 1 a to 13, the present Member States shall, during the
period in which they apply national measures or measures resulting from agreements
bilateral, give preference to national workers of Member States in
the detriment of domestic workers from third countries, as far as access to the
your job market.
Bulgarian migrant workers and their legally resident families and the
work in another Member State or migrant workers from other States-
-Members and their legally resident families and working in Bulgaria cannot
be treated in a more restrictive manner than those of a third country resident and the
work in that Member State or in Bulgaria, respectively. In addition and in
application of the principle of Community preference, migrant workers from countries
third party residents and working in Bulgaria may not have a further treatment
favorable than the Bulgarian nationals.
2. FREE PROVISION OF SERVICES
31997 L 0009: Directive 97 /9/CE of the European Parliament and of the Council of March 3
of 1997, relating to investor compensation systems (OJ L 84, 3/26/1997,
p. 22).
By way of derogation from Article 4 (1) of Directive 97 /9/CE, the minimum level of
compensation is not applicable in Bulgaria until December 31, 2009. The Bulgaria
must ensure that your investor compensation system stipulations a
coverage not less than EUR 12000 between January 1, 2007 and December 31
from 2007 and not less than EUR 15000 between January 1, 2008 and December 31
of 2009.
During such a transitional period, the remaining Member States shall have the right to prevent
that a branch of a Bulgarian investment company established in its
territories to carry out its activity, other than-and until-that branch adheres to a
compensation system of the investors officially recognised in the territory of that
Member State to cover the difference between the level of Bulgarian compensation and the level
Minimum referred to in Article 4 (1) of Directive 97 /9/CE.
3. FREE MOVEMENT OF CAPITAL
Treaty of the European Union,
Treaty establishing the European Community.
1. Notwithstanding the obligations resulting from the Treaties on which the Union is founded
European, Bulgaria may keep in force, for five years from the date of
accession, the restrictions, prevailing in their legislation at the date of the signing of the Treaty of
Membership, in respect of acquisition of property rights on land for
secondary residences by nationals of Member States or States
Parties to the Agreement on the European Economic Area (Agreement on the EEA) not
residents in Bulgaria and legal persons constituted under the terms of the
legislation from another Member State or of a State Party to the Agreement on the
EEA.
The nationals of the Member States and of States Parties to the EEA Agreement
legally resident in Bulgaria are not subject to the provisions of the paragraph
previous nor to any rules and procedures other than those that apply to the
Bulgarian nationals.
2. Notwithstanding the obligations resulting from the Treaties on which the Union is founded
European, Bulgaria can keep in place, for seven years from the date of
accession, the restrictions, prevailing in their legislation at the date of the signing of the Treaty of
Membership, in relation to the acquisition of agricultural land, forests and land
forestry by nationals of other Member States, by nationals of States
Parties to the Agreement on the EEA and by legal persons constituted in the terms of
legislation from another Member State or of a State Party to the Agreement on the
EEA. With regard to the acquisition of agricultural land, forests and land
forestry, the nationals of the Member States may not, in any event, receive
a less favourable treatment than at the date of signing of the Accession Treaty,
nor be treated in a more restrictive manner than a national of a third country.
The farmers on their own nationals from another Member State who wish
establish themselves and reside legally in Bulgaria are not subject to the provisions of the
previous paragraph nor to any procedures other than those that apply
to Bulgarian nationals.
A general review of these transitional measures will be carried out in the third year.
count of the date of accession. For this purpose, the Commission shall submit a
report to the Council. The Council, acting unanimously on a proposal from the
Commission, may decide to reduce or terminate the transitional period indicated in the
first paragraph.
4. AGRICULTURE
A. AGRICULTURAL LEGISLATION
31997 R 2597: Council Regulation (EC) No 2597/97,
of December 18, 1997, which sets out the complementary rules of the organization
common market in the milk and milk products sector with regard to milk
of consumption (OJ L 351, 12/23/1997, p. 13), with the last wording given to it
by:
-31999 R 1602: Council Regulation (EC) No 1602/1999 of 7/19/1999 (OJ
L 189 of 7/22/1999, p. 43).
By way of derogation from paragraphs (b) and (c) of Article 3 (1) of the Regulation (EC)
n. 2597/97, the requirements for fat content are not applicable to milk
of consumption produced in Bulgaria until April 30, 2009, and thus may milk with
a fat content of 3% (m/m) to be marketed as fat milk, and milk
with a fat content of 2% (m/m) to be marketed as half-fat milk.
The consumption milk that does not comply with the requirements for fat content
can only be marketed 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 April 29, 2004, which sets out specific rules of hygiene applicable to the
foodstuffs of animal origin (OJ L 139, 4/30/2004, p. 55).
a) The milk processing establishments listed in the Appendix,
Chapters I and II, of this Annex may, until December 31, 2009, receive
Raw milk deliveries that do not meet the requirements of Annex III, Section IX,
Chapter I, Subchapters II and III of Regulation (EC) No 853/2004, or that not
has been handled in accordance with these requirements, provided that the holdings
where such deliveries are derived from are mentioned in a list kept for the
effect by the Bulgarian authorities.
b) As long as the establishments referred to in (a) benefit from the provisions
in that point, the products from such establishments will only be
placed on the national market or used for further processing in
national establishments also covered by the provisions of (a),
regardless of the date of marketing. These products must bear
a mark of identification other than that provided for in Article 5 of the
Regulation (EC) No 853/2004.
c) The establishments listed in Chapter II of the Appendix to this Annex
may, until December 31, 2009, turn milk as and milk no
as per the requirements of the EU in separate production lines. In this
context, is understood by milk not as per the EU requirements milk
referred to in point (a). These establishments must fully respect the
requirements of the EU relating to establishments, specifically the application of the
principles of analysis of the dangers and control of critical points (HACCP)
(referred to in Article 5 of Regulation (EC) No 852/2004 1 ), and must demonstrate
its capacity to respect the following conditions, namely the
designation of its pertinent lines of production:
-take all necessary measures to allow due observance of the
internal milk separation processes from the collection stage to that of the
finished product, including the itineraries of milk collection, storage
and the separate treatment of milk as and from milk not as with the
requirements of the EU, a specific packaging and labelling of the
milk-based products not conforming to such requirements as well as the
separate storage of these products,
-establish a procedure that ensures the traceability of the subjects-
-masterpieces, specifically the necessary documentary evidence of movement
of the products, as well as the registration of the products and the correspondence between the
compliant and non-conforming raw materials and the different categories of
products,
-expose all raw milk to a heat treatment at a minimum temperature
from 71 to ,7 °C for 15,
-take all appropriate measures to ensure that the marks of
identification are not used in a fraudulent manner.
The Bulgarian authorities must:
1 Regulation (EC) No 852/2004 of the European Parliament and of the Council of April 29
of 2004, on the hygiene of foodstuffs (OJ L 139, 4/30/2004, p. 1).
-ensure that the operator or manager of each establishment concerned
take all necessary measures to allow due observance of the
internal processes for the separation of milk;
-conduct tests and controls without prior notice for verification of observance
of the separation of milk; and
-carry out tests, in approved laboratories, to all raw products and
finished in order to verify its compliance with the requirements of the
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 from production lines
separate that turn raw milk non-conforming to the EU requirements in
milk processing establishments approved by the EU can only be
placed on the market subject to the conditions set out in paragraph (b). The
raw milk-based products as processed in a production line
separate in one of the establishments listed in Chapter II of the Appendix of the
present Annex may be marketed to the title of compliant products since
that all conditions regarding the separation of the lines are maintained.
production.
d) milk and milk-based products produced pursuant to (c) only
will benefit from support under Title I, Chapters II and III (with the exception of
article 11 (11) and Title II of Regulation (EC) No 1255/1999 1 if they bear the
oval identification mark referred to in Section I of Annex II of the
Regulation (EC) No 853/2004.
e) Bulgaria shall ensure the gradual fulfillment of the requirements referred to in
(a) and to submit to the Commission annual reports on the progress recorded
1 Council Regulation (EC) No 1255/1999 of May 17, 1999 laying down the
common market organization in the milk and dairy products sector (OJ L 160
of 6/26/1999, p. 48). Regulation with the last wording given by the
Commission Regulation (EC) No 186/2004 of the Commission (OJ L 29, 2/3/2004, p. 6).
in the modernization of dairy farms and the milk collection system. The
Bulgaria should ensure full compliance with these requirements by December 31
of 2009.
f) The Commission may, in accordance with Article 58 of Regulation (EC) No 178/2002 1 ,
update the Appendix to this Annex prior to accession and until December 31
of 2009, and may, in this context, add or suppress certain
establishments, as a function of the progress made in correcting the gaps
existing and the outcome of the follow-up process.
The rules of implementation necessary to ensure the proper functioning of the scheme
transitional referred to above may be adopted in accordance with Article 58 (2)
of Regulation (EC) No 178/2002.
5. TRANSPORT POLICY
1. 31993 R 3118: Council Regulation (EEC) No 3118/93 of October 25
of 1993, which sets the conditions for the admission of non-resident carriers to the
national road transport of goods in a Member State (OJ L 279
of 11/12/1993, p. 1), with the last wording given by:
-32002 R 0484: Regulation (EC) No 484/2002 of the European Parliament and of the
Council, of 3/1/2002 (OJ L 76, 3/19/2002, p. 1).
a) By way of derogation from Article 1 of Regulation (EEC) No 3118/93 and up to the expiry of the
third year subsequent to the date of accession, the carriers established in the
Bulgaria is not allowed to carry out national road transport of
goods in the other Member States and the transporters established in the
1 Regulation (EC) No 178/2002 of the European Parliament and of the Council of January 28
of 2002, which determines the general principles and standards of food law, creates the
European Food Safety Authority and establishes procedures in
food safety matter (OJ L 31, 2/1/2004, p. 1). Regulation
as last amended by the Regulation (EC) No 1642/2003 (OJ L 245
of 9/29/2003, p. 4).
other Member States are not authorized to carry out national transport
road of goods in Bulgaria.
b) Before the expiry of the third year subsequent to the date of accession, the States-
-Members must report to the Commission whether they will extend that period by a
maximum of two years or if, from that onwards, they will fully implement Article 1 of the
regulation. In the absence of such communication, Article 1 of the Regulation shall apply.
Only the carriers established in the Member States in which it is
applicable Article 1 of the Regulation may carry out national transport
road of goods in the other Member States where it is also
applicable Article 1 of the Regulation.
c) Member States in which, by virtue of the provisions of (b), the
article 1 of the Regulation may resort to the procedure set out below
until the expiry of the fifth year subsequent to the date of accession.
Where in one of the Member States referred to in the preceding paragraph if
to record serious disturbances of the national market, or parts of the same,
due to the activity of cabotage or by it aggravated, for example a
significant surplus of supply in relation to demand or a threat to the
financial balance or the survival of a large number of companies from
road transport of goods, that Member State shall inform that
fact the Commission and the remaining Member States and provide them all
relevant information. On the basis of this information, the Member State may
requesting the Commission to suspend, in whole or in part, the application of Article 1 of the
regulation, so that the situation will return to normalcy.
The Commission shall look at the situation on the basis of the data provided by the State-
-Member concerned and shall decide, within one month of the receipt of the
request, whether it is necessary to adopt safeguard measures. Is applicable the
procedure provided for in the second, third and fourth subparagraphs of paragraph 3, well
as the provisions of Article 7 (4), 5 and 6 of the Regulation.
Any of the Member States referred to in the first subparagraph may, in cases
urgent and exceptional, suspend the application of Article 1 of the Regulation,
you shall then submit to the Commission a notification ex-post
substantiated.
d) While Article 1 of the Regulation is not applicable by virtue of the provisions of the
points (a) and (b), Member States may regulate access to their
national road transport of goods by exchange
progressive of cabotage authorizations, based on bilateral agreements,
and may even introduce full liberalization.
e) The application of points (a), (b) and (c) shall not entail an access to transport
road national of goods more restrictive than the current one on the date of
signature of the Treaty of Accession.
2. 31996 L 0026: Council Directive 96 /26/CE of April 29, 1996 on
to access to the profession of road haulage and conveyor
commuter road, as well as to the mutual recognition of diplomas,
certificates and other securities, with the aim of favouring the effective exercise of the
freedom to establish such transporters in the field of transport
national and international (OJ L 124, 5/23/1996, p. 1), as last amended
was given by:
-32004 L 0066: Council Directive 2004 /66/CE of 4/26/2004 (OJ L 168
of 5/1/2004, p. 35).
Until December 31, 2010, point (c) of Article 3 (3) of Directive 96 /26/CE
is not applicable in Bulgaria to transport companies which carry out exclusively
national road freight and passenger transport operations.
The capital and reserves of which they dispose of these companies should gradually achieve the
minimum rates provided for in that provision in accordance with the following schedule:
-by January 1, 2007, the Company shall have a capital and reserves whose
value is at least equal to EUR 5850 in the case of a single
vehicle and EUR 3250 for each additional vehicle;
-by January 1, 2008, the Company shall have a capital and reserves whose
value is at least equal to EUR 6750 in the case of a single
vehicle and EUR 3750 for each additional vehicle;
-by January 1, 2009, the Company shall have a capital and reserves whose
value is at least equal to EUR 7650 in the case of a single
vehicle and EUR 4250 for each additional vehicle;
-by January 1, 2010, the Company shall have a capital and reserves whose
value is at least equal to EUR 8550 in the case of a single
vehicle and to EUR 4750 for each additional vehicle.
3. 31996 L 0053: Council Directive 96 /53/CE of July 25, 1996, which
fixed the maximum authorized dimensions in national and international traffic and the weights
maximum authorized in international traffic for certain road vehicles in
circulation in the Community (OJ L 235, 9/17/1996, p. 59), with the last wording that
it was given by:
-32002 L 0007: Directive 2002/7/CE of the European Parliament and of the Council,
of 2/18/2002 (OJ L 67, 3/9/2002, p. 47).
By way of derogation from Article 3 (1) of Directive 96 /53/CE, the vehicles that comply
the limit values of categories 3.2.1., 3.4.1., 3.4.2. and 3.5.1. specified in Annex I of the
said directive can only use the non-modernised parts of the road network
Bulgarian until December 31, 2013 if they comply with the Bulgarian limits of maximum cargo
by axis.
As of the date of accession, no restrictions may be imposed on the use of vehicles
fulfilling the requirements of Directive 96 /53/CE in the main transit itineraries
set out in Annex I to Decision No 1692 /96/CE of the European Parliament and of the
Council of July 23, 1996 on the Community Guidelines for the
development of the trans-European transport network 1 .
Bulgaria will fulfill the constant timetable of the tables ahead to modernize its
main viary network. All investments in infrastructure involving the
resource to funds from the community budget must ensure that the arteries
are built or modernized in such a way as to be able to withstand a load of 11.5
tons per axle.
Alongside the completion of the modernization, the progressive opening of the road network will be recorded.
Bulgarian, including the constant network of Annex I to Decision No 1692 /96/CE, to vehicles
in international traffic that comply with the limit values provided for in the Directive. To
loading and unloading effects, and whenever this is technically possible, it is authorised to
use of non-modernized parts of the secondary road network throughout the
transitional period.
As of the date of accession, all vehicles in international traffic equipped with
pneumatic suspension and to comply with the limit values laid down in Directive 96 /53/CE
will not be subject to any additional temporary fees for the use of the whole
Bulgarian viary network.
They will be charged, in a non-discriminatory manner, additional temporary fees provided for
for the use of non-modernized parts of the viary network to vehicles in traffic
international not equipped with pneumatic suspension and which comply with the values-
limit set out in the Directive. The fee regime must be transparent, and the payment
of the fees shall not involve any administrative burden or excessive delays for the
user nor a systematic check of the load limits per axle at the border. The
application of the load limits on the axis should be ensured in no way
discriminate across the territory and be effective equally with regard to
vehicles enrolled in Bulgaria.
Programme of modernization of the viaria network (km)
1 OJ L 228, 9/9/1996, p. 1. Decision as last amended as given by the Decision
n ° 884 /2004/CE (OJ L 167, 4/30/2004, p. 1).
Table 1
N ROAD SECTION LENGMENTO/
KM
OPENING
AO
TRAFFIC
MEASUREMENT
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) 18 2008 NEW
CONSTRUCTION
SUBTOTAL 36
3 I-6 SOFIA-PIRDOP 56 2009 RECOVERY
4 I-7 SILISTRA-SHUMEN 88 2011 RECOVERY
5 I-7 PRESLAV-E-773 48 2010 RECONSTRUCTION
SUBTOTAL 136
6 І-9 /E87 / ROMANIAN BORDER-BALCHIK 60 2009 RECOVERY
7 II-12 VIDIN-SERBIAN BORDER AND
MONTENEGRO
26 2008 RECONSTRUCTION
8 II-14 VIDIN-KULA-SERBIAN BORDER AND
MONTENEGRO
42 2009 RECONSTRUCTION
9 II-18 OUTER WAISTBAND OF SOFIA-ARC
NORTH
24 2014 NEW
CONSTRUCTION
10 II-19 SIMITLI-GOTSE DELCHEV-
GREEK BORDER
91 2008 RECOVERY
11 II-29 DOBRICH-VARNA 21 2010 RECOVERY
12 II-35 LOVECH-KARNARE 28 2011 RECONSTRUCTION
13 II-53 SLIVEN-YAMBOL 25 2010 RECOVERY
14 II-55 GURKOVO-NEW ZAGORA 26 2010 RECOVERY
15 II-55 NEW ZAGORA-SVILENGRAD 81 2012 RECOVERY
SUBTOTAL 107
16 II-57 STARA ZAGORA-RADNEVO 42 2010 RECOVERY
17 II-62 KYUSTENDIL-DUPNITSA 26 2011 RECONSTRUCTION
18 II-63 PERNIK-SERBIAN BORDER AND
MONTENEGRO
20 2010 RECONSTRUCTION
19 II-73 SHUMEN-KARNOBAT 44 2012 RECONSTRUCTION
20 II-73 SHUMEN-KARNOBAT 119 2011 RECONSTRUCTION
SUBTOTAL 63
21 II-78 RADNEVO-TOPOLOVGRAD 40 2013 RECOVERY
22 II-86 ASENOVGRAD-SMOLYAN 72 2014 RECONSTRUCTION
23 II-98 BURGAS-MALKO TARNOVO 64 2014 RECONSTRUCTION
24 III-197 GOTSE DELCHEV-SMOLYAN 87 2013 RECONSTRUCTION
25 III-198 GOTSE DELCHEV-BORDER OF THE
FORMER YUGOSLAV REPUBLIC OF THE
MACEDONIA
95 2013 RECONSTRUCTION
26 III-534 ELENA-NOVA ZAGORA 52 2012 REBUILD
27 III-534 NEW ZAGORA-SIMEONOVGRAD 53 2014 RECONSTRUCTION
SUBTOTAL 105
28 III-601 KYUSTENDIL-BORDER OF THE OLD
THE YUGOSLAV REPUBLIC OF
MACEDONIA
27 2011 NEW
CONSTRUCTION
29 III-622 KYUSTENDIL-BORDER OF THE OLD
THE YUGOSLAV REPUBLIC OF
MACEDONIA
31 2013 NEW
CONSTRUCTION
30 III-865 SMOLYAN-MADAN 15 2011 RECONSTRUCTION
31 III-867 SMOLYAN-KARDJALI 69 2014 RECONSTRUCTION
32 III-868 VARIANT SMOLYAN 40 2012 NEW
CONSTRUCTION
33 IV-410068 SIMITLI-BORDER OF THE OLD
THE YUGOSLAV REPUBLIC OF
MACEDONIA
28 2009 NEW
CONSTRUCTION
34 PLOVDIV VARIANT 4 2014 NEW
CONSTRUCTION
A1 MOTORWAY "TRAKIA"-STARA
ZAGORA-KARNOBAT
35 LOT 2 33 2010 NEW
CONSTRUCTION
36 LOT 3 37 2011 NEW
CONSTRUCTION
37 LOT 4 48 2014 NEW
CONSTRUCTION
SUBTOTAL 118
TOTAL 1598
Table 2
2008 2009 2010 2011 2012 2013 2014
MEASUREMENT
RECOVERY 91116114 88 81 40 0
RECONSTRUCTION 26 42 68 88 96182258
NEW BUILDING 18 28 33 64 40 31 94
135186215240217253352 to 1598 km
6. TAXATION
1. 31977 L 0388: Sixth Directive 77 /388/CEE of the Council,
of May 17, 1977, on the harmonisation of the laws of the Member States
relating to taxes on turnover-common system of the tax on
the value added: uniform collectible matter (OJ L 145, 6/13/1977, p. 1), with the
last wording that was given by:
-32004 L 0066: Council Directive 2004 /66/CE of 4/26/2004 (OJ L 168
of 5/1/2004,
p. 35).
For the purposes of the application of Article 28 (3) (b) of Directive 77 /388/CEE, the
Bulgaria can continue to exempt from value added tax on transport
internationals of passengers referred to in point 17 of Annex F to the Directive, until
be fulfilled the condition laid down in Article 28 (4) of the Directive or while it is
applied for the same exemption by any of the present Member States, depending on the
that to check out first.
2. 31992 L 0079: Council Directive 92/79/CEE of October 19, 1992,
on the approximation of taxes on cigarettes (OJ L 316, 10/31/1992, p. 8),
with the last wording given by:
-32003 L 0117: Council Directive 2003 /117/CE of 12/5/2003 (OJ L 333
of 12/20/2003, p. 49).
By way of derogation from Article 2 (1) of the 92/79/CEE Directive, Bulgaria may postpone,
by December 31, 2009, the application of the special minimum consumption tax
global that focuses on the selling price to the public (including all taxes) of the
cigarettes from the most sold price class, provided that during that period, proceed to the
gradual adjustment of the rates of their special taxes to the special tax of
global minimum consumption provided for in the Directive.
Without prejudice to Article 8 of the Council Directive 92/12/CEE of February 25
of 1992, concerning the general scheme, detention, movement and controls of products
subject to special consumption taxes 1 , and after informed the Commission, the
Member States may, as long as the derogation referred to above, be applicable
quantitative limits identical to those applied to imports from third countries for the
cigarettes that can be introduced into their territories from Bulgaria without
payment of a special supplementary consumption tax. The Member States that
opting for this possibility may carry out the necessary controls provided that the
same do not affect the proper functioning of the internal market.
3. 32003 L 0049: Council Directive 2003 /49/CE of June 3, 2003,
on a common tax regime applicable to interest and royalty payments
performed between associated companies of different Member States (OJ L 157
of 6/26/2003, p. 49), with the last wording given by:
-32004 L 0076: Council Directive 2004 /76/CE of 4/29/2004 (OJ L 157
of 4/30/2004, p. 106).
Bulgaria is authorised not to apply the provisions of Article 1 of the
Directive 2003 /49/CE until December 31, 2014. During that transitional period, the
tax rate applicable to the payment of interest and royalties to an associated company
from another Member State or to a permanent establishment located in another State-
-Member of an associated company of a Member State shall not be superior
at 10% until December 31, 2010 and at 5% in the following years until December 31
of 2014.
1 OJ L 76, 3/23/1992, p. 1. Directive with the last wording given by the
Regulation (EC) No 807/2003 (OJ L 122, 5/16/2003, p. 36).
4. 32003 L 0096: Council Directive 2003 /96/CE of October 27, 2003,
which restructures the Community taxation framework of energy products and of the
electricity (OJ L 283, 10/31/2003, p. 51), with the last wording given to it
by:
-32004 L 0075: Council Directive 2004 /75/CE of 4/29/2004 (OJ L 157
of 4/30/2004, p. 100).
a) By way of derogation from Article 7 of Directive 2003 /96/CE, Bulgaria may apply the
following transient periods:
-until January 1, 2011 to adjust the national level of taxation of gasoline
no lead used as a fuel at the minimum level of EUR 359 per 1000
liters. The effective tax rate applicable to unleaded petrol used as
fuel may not be less than EUR 323 per 1000 litres
of January 1, 2008,
-until January 1, 2010 to adjust the level of national taxation of diesel and
of kerosene used as fuels at the minimum level of EUR 302
per 1000 litres and until January 1, 2013 to reach the minimum level of
EUR 330 per 1000 litres. The effective tax rate applicable to diesel and the
kerosene used as fuels may not be less than EUR 274
per 1000 litres as of January 1, 2008.
(b) By way of derogation from Article 9 of Directive 2003 /96/CE, Bulgaria may apply the
following transient periods:
-until January 1, 2010 to adjust the level of national taxation of coal and coal
coque used for urban heating purposes at the minimum levels of
taxation set out in Annex I, Table C,
-until January 1, 2009 to adjust the level of national taxation of coal and coal
coque used for other purposes to the minimum levels of established taxation
in Annex I, Table C.
The effective tax rates applicable to energy products will not be able to be
less than 50% of the relevant minimum rate of the Community as of January 1
of 2007.
c) By way of derogation from Article 10 of Directive 2003 /96/CE, Bulgaria may apply
a transitional period until January 1, 2010 to adjust the levels of taxation
national electricity at the minimum levels of taxation set out in Annex I,
Table C. The actual tax rates applicable to electricity will not be able to be
less than 50% of the relevant minimum rate of the Community as of January 1
of 2007.
7. SOCIAL POLICY AND EMPLOYMENT
32001 L 0037: Directive 2001 /37/CE of the European Parliament and of the Council,
of June 5, 2001, concerning the approximation of the laws,
regulatory and administrative of the Member States with respect to the manufacture, the
presentation and sale of tobacco products (OJ L 194, 7/18/2001, p. 26).
By way of derogation from Article 3 of Directive 2001 /37/CE, the date of application of the content
maximum tar of cigarettes manufactured and marketed in the territory of Bulgaria
will be January 1, 2011. During the transitional period:
-The cigarettes manufactured in Bulgaria with a tar content of more than 10 mg per
cigarette will not be marketed in the other Member States;
-The cigarettes manufactured in Bulgaria with a tar content of more than 13 mg per
cigarette will not be exported to third countries; these limits will be reduced
for 12 mg as of January 1, 2008 and for 11 mg as of January 1
of 2010;
-Bulgaria shall regularly submit to the Commission updated information on
the timetable and the measures taken to ensure compliance with the Directive.
8. ENERGY
31968 L 0414: Council Directive 68 /414/CEE of December 20, 1968, which
obliges the EEC Member States to maintain a minimum level of stocks of
crude oil and / or petroleum products (OJ L 308, 12/23/1968, p. 14), with the
last wording that was given by:
-31998 L 0093: Council Directive 98 /93/CE of 12/14/1998 (OJ L 358
of 12/31/1998, p. 100).
By way of derogation from Article 1 (1) of Directive 68 /414/CEE, the minimum level of
stocks of petroleum products are not applicable in Bulgaria until December 31
of 2012. Bulgaria should ensure that its minimum level of stock of products
petroleum products match, for each of the categories of petroleum products
mentioned in Article 2, at least to the average daily domestic consumption, such as
defined in Article 1 (1) of the following number of days:
-30 days until January 1, 2007;
-40 days until December 31, 2007;
-50 days until December 31, 2008;
-60 days until December 31, 2009;
-70 days until December 31, 2010;
-80 days until December 31, 2011;
-90 days until December 31, 2012.
9. INFORMATION AND TELECOMMUNICATIONS TECHNOLOGIES
32002 L 0022: Directive 2002/22/CE of the European Parliament and of the Council,
of March 7, 2002, concerning the universal service and the rights of users in
matter of electronic communication networks and services (universal service directive)
(OJ L 108, 4/24/2002, p. 51).
By way of derogation from Article 30 (1) of the 2002/22/CE Directive, Bulgaria may postpone the
introduction of the portability of the numbers until January 1, 2009.
10. ENVIRONMENT
A. AIR QUALITY
1. 31994 L 0063: Directive 94 /63/CE of the European Parliament and of the Council,
of December 20, 1994 on the monitoring of emissions of organic compounds
volatile (VOCs) resulting from the storage of gasolines and their distribution of the
terminals for the service stations (OJ L 365, 12/31/1994, p. 24), with the wording
that was given to him by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
a) By way of derogation from Article 3 and Annex I of Directive 94 /63/CE, the requirements
relative to existing storage facilities in terminals are not
applicable in Bulgaria:
-until December 31, 2007, to storage facilities in 6
terminals with a load flow of more than 25000 tons / year and lower
or equal to 50000 tons / ano;
-until December 31, 2009, to storage facilities in 19
terminals with a load flow of less than or equal to 25000 tons / year.
b) By way of derogation from Article 4 and Annex II of Directive 94 /63/CE, the requirements
concerning the loading and unloading of existing mobile reservoirs in terminals not
are applicable in Bulgaria:
-up to December 31, 2007, at 12 terminals with a top flow
to 25000 tons / year and less than or equal to 150000 tons / ano;
-until December 31, 2009, at 29 terminals with a lower flow rate or
equal to 25000 tons / year.
c) By way of derogation from Article 5 and Annex I of Directive 94 /63/CE, the requirements
relative to existing mobile reservoirs in terminals are not applicable in the
Bulgaria:
-until December 31, 2007, at 50 camia-cisterna;
-until December 31, 2009, at 466 more cistern cams.
d) By way of derogation from Article 6 and Annex III of Directive 94 /63/CE, the requirements
relative to the load of the existing storage facilities of the stations
service are not applicable in Bulgaria:
-until December 31, 2007, at 355 service stations with a flow
higher than 500 m to 3 /year, but less than or equal to 1000 m
3 /ano;
-until December 31, 2009, at 653 service stations with a flow
less than or equal to 500 m to 3 /year.
2. 31999 L 0032: Council Directive 1999 /32/CE of April 26, 1999,
on the reduction of the sulphur content of certain liquid fuels and which changes
the Directive 93 /12/CEE (OJ L 121, 5/11/1999, p. 13), as amended to be given
by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
a) By way of derogation from Article 3 (1) of Directive 1999 /32/CE, the requirements
relative to the sulphur content of heavy fuel oils are not applicable in Bulgaria
by December 31, 2011 with regard to local use. During this
transitional period, the sulphur content should not exceed 3.00% en masse.
b) By way of derogation from Article 4 (1) of Directive 1999 /32/CE, the requirements
relative to the sulphur content of the gasoils are not applicable in Bulgaria
by December 31, 2009 with regard to local use. During this
transitional period, the sulphur content should not exceed 0.20% en masse.
B. WASTE MANAGEMENT
1. 31993 R 0259: Council Regulation (EEC) No 259/93 of February 1
of 1993, relating to the supervision and control of shipments of waste within, to
entry and exit of the Community (OJ L 30, 2/6/1993, p. 1), with the last wording
that was given to him by:
-32001 R 2557: Commission Regulation (EC) No 2557/2001 of 12/28/2001
(OJ L 349, 12/31/2001, p. 1),
a) Until December 31, 2014, all shipments to Bulgaria of waste
intended for valorisation listed in Annex II to Regulation (EEC)
n. 259/93 shall be notified to the competent authorities and dealt with in the terms
of Articles 6, 7 and 8 of the Regulation.
b) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the
competent authorities of Bulgaria may, until December 31, 2009,
raising objections to the transfers to Bulgaria, for the purposes of valorisation, of the
waste to be followed, substantiating those objections in accordance with paragraph 3
of Article 4 of the Regulation. Such transfers are subject to Article 10 of the
regulation.
AA. WASTE CONTAINING METALS
-AA 090 Waste and waste arsenic
-AA 100 Waste and mercury waste
-AA 130 Baths arising from metal beading
AB. WASTE CONSISTING MAINLY OF SUBSTANCES
INORGANIC, WHICH MAY CONTAIN METALS AND MATERIALS
ORGANIC
AC. OTHER WASTE CONSISTING MAINLY OF
ORGANIC SUBSTANCES, WHICH MAY CONTAIN METALS AND
INORGANIC MATTER
-AC 040 Lamas of petrol with lead
-AC 050 Thermal fluids (heat transfers)
-AC 060 Hydraulic Fluids
-AC 070 Brake liquids
-AC 080 Antifreeze Fluids
-AC 110 Fenols, phenolated compounds including chlorophenols,
in the form of liquids or sludge
-AC 120 Naphthalene polychlorinated
-AC 150 Chlorofluorated Hydrocarbons
-AC 160 Halons
-AC 190 Waste of mechanical destruction of cars (fraction
light: plushies, tissues, plastic waste, etc.)
-AC 200 Organic phosphorus Compounds
-AC 230 Waste of non-aqueous distillation, halogenated or not
halogenated, coming from recovery operations of
organic solvents
-AC 240 Waste from the production of hydrocarbons
halogenated aliphatic (such as chloromethanes,
dichloroethane, vinyl chloride, vinylidene chloride,
alyl chloride and epichloridrine)
-AC 260 Sterco pig; excrement
AD. RESIDUES THAT MAY CONTAIN ORGANIC MATTER OR
INORGANIC
-AD 010 Waste from the production and preparation of
pharmaceutical products
Waste containing, consisting of or contaminated by
one of the following substances:
AD 040-Inorganic cyanides, with the exception of
waste of precious metals in solid form
containing vestiges of inorganic cyanides
AD 050-Organic cyanides
-AD 060 Mixtures and emulsions oil / water or hydrocarbon / water
-AD 070 Waste from production, preparation and
use of paints, dyes, pigments, laces or varnishes
-AD 150 Natural occurrence materials used as a
filtrant means (such as biofilters)
-AD 160 Urban / domestic waste
This period may be extended until December 31, 2012 at the latest, in the
terms of Article 18 of Council Directive 75 /442/CEE of July 15
of 1975, concerning waste 1 , as the wording was given by the
Directive 91 /156/CEE 2 .
c) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the
competent authorities of Bulgaria may, until December 31, 2009,
raise objections to the transfers to Bulgaria of waste destined for
valorisation listed in Annex IV of the Regulation and the transfers of
waste intended for valorisation not listed in the Annexes to that Regulation,
substantiating such objections in accordance with Article 4 (3) of the Regulation.
d) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the
competent authorities in Bulgaria should raise objections to the transfers
of residues intended for valorisation listed in Annexes II, III and IV of the
regulation and shipments of waste destined for valorisation do not
1 OJ L 194, 7/25/1975, p. 39. Directive with the last wording given by the
Regulation (EC) No 1882/2003 (OJ L 284, 10/31/2003, p. 1). 2 OJ L 78, 3/26/1991, p. 32.
listed in these Annexes for an installation that benefits from a derogation
temporary in relation to certain provisions of Directive 96 /61/CE of the
Council, of September 24, 1996, on integrated prevention and control
from pollution 1 , or of Directive 2001 /80/CE of the European Parliament and of the Council,
of October 23, 2001, concerning the limitation of emissions to the atmosphere of
certain pollutants from large combustion plants 2 , during the
period of application of the temporary derogation to the destination facility.
2. 31994 L 0062: Directive 94 /62/CE of the European Parliament and of the Council,
of December 20, 1994, concerning packaging and packaging waste (OJ L 365
of 12/31/1994, p. 10), with the last wording given by:
-32004 L 0012: Directive 2004 /12/CE of the European Parliament and of the Council,
of 2/11/2004 (OJ L 47, 2/18/2004, p. 26).
g) By derogation from point (a) of Article 6 (1) of Directive 94 /62/CE, the
Bulgaria should hit the global rate of valorisation or incineration in facilities
of incineration of waste with energy recovery by December 31
of 2011, in accordance with the following intermediate objectives:
-35% in weight up to December 31, 2006, 39% in 2007, 42% in 2008,
46% in 2009 and 48% in 2010.
(h) By derogation from point (b) of Article 6 (1) of Directive 94 /62/CE, the
Bulgaria should hit the global rate of valorisation or incineration in facilities
of incineration of waste with energy recovery
by December 31, 2014, in accordance with the following intermediate objectives:
-50% in weight in 2011, 53% in 2012 and 56% in 2013.
1 OJ L 257, 10/10/1996, p. 26.
2 OJ L 309, 11/27/2001, p. 1. Directive with the last wording given by the Act
of Accession of 2003. (OJ L 236, 9/23/2003, p. 33).
i) By way of derogation from point (c) of Article 6 (1) of Directive 94 /62/CE, the
Bulgaria should achieve the recycling target for plastics
by December 31, 2009, in accordance with the following intermediate objectives:
-8% in weight up to December 31, 2006, 12% in 2007 and 14.5% in 2008.
j) By way of derogation from point (d) of Article 6 (1) of Directive 94 /62/CE, the
Bulgaria to achieve global recycling target by December 31
of 2014, in accordance with the following intermediate objectives:
-34% in weight up to December 31, 2006, 38% in 2007, 42% in 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 Article 6 (1) of Directive 94 /62/CE, the
Bulgaria to achieve recycling target for glass by December 31
of 2013, in accordance with the following intermediate objectives:
-26% in weight up to December 31, 2006, 33% in 2007, 40% in 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 Article 6 (1) of Directive 94 /62/CE, a
Bulgaria should achieve the recycling target for plastics by counting
exclusively the material that is recycled in the form of plastics,
by December 31, 2013, in accordance with the following intermediate objectives:
-17% in weight in 2009, 19% in 2010 and 20% in 2011 and 22% in 2012.
3. 31999 L 0031: Council Directive 1999 /31/CE of April 26, 1999
on the deposition of waste in landfillages (OJ L 182, 7/16/1999, p. 1), with the
wording that was given to it by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
By way of derogation from subparagraphs (a) and (b) of Article 5 (3) and the second indent of the
point 2 of Annex I to Directive 1999 /31/CE and without prejudice to (c) (ii) of the
Article 6 of the Directive and of Directive 75 /442/CEE of July 15, 1975 of the Council
on waste 1 , the requirements for liquid, corrosive waste and
oxidants in the prevention of the infiltration of surface water into the waste
deposited are not applicable to the 14 existing facilities listed below
by December 31, 2014:
1. Bacia of lamas "Polimeri", Varna, Devnya;
2. Combined Basin of ash and lamas "Solvay Sodi", "Deven" and "Agropolichim",
Varna, Devnya in the municipality of Varna;
3. CTE ash basin * "Varna", Varna, Beloslav;
4. Bacia of ash "Sviloza", Veliko Tarnovo, Svishtov;
5. CTE in the ash basin "Zaharni zavodi", Veliko Tarnovo, Gorna Oryahovitsa;
6. Bacia of ash "Vidachim v likvidatsya", Vidin, Vidin;
7. ash Basin "Toplofikatsia-Ruse" CTE "Ruse-East", Ruse, Ruse;
8. CTE ash Basin "Republika", "COF-Pernik" and "Kremikovtsi-Rudodobiv",
Pernik, Pernik;
9. Bacia of ashes "Toplofikatsia Pernik" and "Solidus"-Pernik, Pernik;
10. TEPP ash Basin "Bobov dol", Kyustendil, Bobov dol;
11. "Brikel" ash Basin, Stara Zagora, Galabovo;
12. ash basin Toplofikatsia Sliven, Sliven, Sliven;
13. CTE ash Basin "Maritsa 3", Haskovo, Dimitrovgrad;
14. CTE ash Basin "Maritsa 3", Haskovo, Dimitrovgrad.
Bulgaria should ensure a gradual reduction of the waste deposited in these 14
existing non-compliant facilities according to the following maximum quantities
annual:
Afternoon until December 31, 2006: 3020000 tonnes;
1 OJ L 194, 7/25/1975, p. 39. Directive with the wording that was given to it by the
Directive 91 /156/CEE and with the last wording given by the Regulation (EC)
n ° 1882/2003 (OJ L 284, 10/31/2003, p. 1). * CTE means "Central Termo-Eléctrica".
Afternoon until December 31, 2007: 3010000 tonnes;
Afternoon until December 31, 2008: 2990000 tonnes;
Afternoon until December 31, 2009: 1978000 tonnes;
Afternoon until December 31, 2010: 1940000 tonnes;
Afternoon until December 31, 2011: 1929000 tonnes;
Afternoon until December 31, 2012: 1919000 tonnes;
Afternoon until December 31, 2013: 1159000 tonnes;
Afternoon until December 31, 2014: 1039000 tons.
4. 32002 L 0096: Directive 2002/96/CE of the European Parliament and of the Council,
of January 27, 2003 on waste electrical equipment and
electronic (WEEE) (OJ L 37, 2/13/2003, p. 24), as amended to be given
by:
-32003 L 0108: Directive 2003 /108/CE of the European Parliament and of the Council,
of 12/8/2003 (OJ L 345, 12/31/2003, p. 106),
By way of derogation from Article 5 (5) and Article 7 (2) of the Directive 2002/96/CE, the
Bulgaria shall achieve the minimum separate collection rate of four kilograms in
average, per capita and per year, of REEE coming from private individuals, the rate of
valorisation and the rate of reuse and recycling of components, materials and
substances until December 31, 2008.
C. QUALITY OF WATER
31991 L 0271: Council Directive 91 /271/CEE of May 21, 1991 on the
treatment of urban waste water (OJ L 135, 5/30/1991, p. 40), with the latter
wording that was given to it by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
By way of derogation from Articles 3 and 4 and Article 5 (2) of Directive 91 /271/CEE, the
requirements for collectors systems and treatment of urban waste water
are not fully applicable in Bulgaria until December 31, 2014, according to
the following intermediate purpose:
Effective until December 31, 2010, compliance with the Directive should be achieved
in the agglomerations with a population equivalent of more than 10000.
D. INDUSTRIAL POLLUTION AND RISK MANAGEMENT
1. 31996 L 0061: Council Directive 96 /61/CE of September 24, 1996,
on the integrated prevention and control of pollution (OJ L 257, 10/10/1996, p. 26),
with the last wording given by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
By way of derogation from Article 5 (1) of Directive 96 /61/CE, the requirements in respect of
granting of licences to existing facilities are not applicable in Bulgaria, to date
indicated for each installation, the facilities listed below, as far as the
obligation to exploit such facilities in accordance with emission limit values,
parameters or equivalent technical measures based on the best techniques
available, pursuant to Article 9 (3) and (4):
Until December 31, 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 December 31, 2009:
-"Eliseyna" gara Eliseyna (activity 2.5 a)
Until December 31, 2011:
-CTE "Ruse-East"-Ruse (activity 1.1)
-CTE "Varna"-Varna (activity 1.1)
-CTE "Bobov dol"-Sofia (activity 1.1)
-CTE in the "Lukoil Neftochim"-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)
-"Stradlja keramika"-Stradlja (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)
Prior to October 30, 2007, fully coordinated licences should be issued
for these facilities, with individually binding calendars for achieving
of full compliance. Such licences shall ensure, by October 30, 2007, the
compliance with the general principles of the fundamental obligations of operators
set out in Article 3 of the Directive.
2. 32001 L 0080: Directive 2001 /80/CE of the European Parliament and of the Council,
of October 23, 2001, concerning the limitation of emissions to the atmosphere of certain
pollutants from large combustion plants (OJ L 309, 11/27/2001,
p. 1), 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
(a) By way of derogation from Article 4 (3) and Part A of Annexes III, IV and VII of the
Directive 2001 /80/CE, the emission limit values for sulphur dioxide and the
dust shall not apply in Bulgaria to the following facilities up to the date indicated
for each unit of the facility:
-CTE "Varna":
-Unit 1 until December 31, 2009
-Unit 2 until December 31, 2010
-Unit 3 until December 31, 2011
-Unit 4 until December 31, 2012
-Unit 5 until December 31, 2013
-Unit 6 until December 31, 2014
-CTE "Bobov dol":
-Unit 2 until December 31, 2011
-Unit 3 until December 31, 2014
-CTE "Ruse-East":
-Units 3 and 4 until December 31, 2009
-Units 1 and 2 until December 31, 2011
-CTE in the "Lukoil Neftochim" Burgas:
-Units 2, 7, 8, 9, 10 and 11 until December 31, 2011.
During this transitional period, emissions of sulphur dioxide and dust
coming from all combustion plants that comply with the provisions of
Directive 2001 /80/CE shall not exceed the following maximum limits
intermediate:
-up to 2008: 179700 tons of SO2 / year; 8900 tons of dust / year
-up to 2012: 103000 tons of SO2 / year; 6000 tons of dust / year
b) By way of derogation from Article 4 (3) and Part A of Annex VI of the
Directive 2001 /80/CE, the emission limit values for the emissions of oxides of
nitrogen are not applicable in Bulgaria until December 31, 2011 to units 2,
7, 8, 9, 10 and 11 of the CTE facility in the "Lukoil Neftochim" Burgas.
During this transitional period, emissions of nitrogen oxide from
all combustion plants that comply with the provisions of the
Directive 2001 /80/CE shall not exceed the following maximum limits
intermediate:
-up to 2008: 42900 tons / year
-up to 2012: 33300 tons / year
c) Bulgaria shall submit to the Commission, by January 1, 2011, a plan
updated, which includes an investment plan, for the progressive
alignment of the remaining non-compliant installations, with phases clearly
defined for the application of the acquis. These plans must guarantee a new
reduction of emissions to a level significantly lower than the targets
intermediate specified in points (a) and (b) above, in particular with respect to the
emissions relative to the period from 2012 a to 2014. If the Commission, listening, on
special, to the environmental effects and to the need to reduce distortions of
competition in the internal market arising from the transitional measures, consider
that the above-mentioned plans are not sufficient to meet these
objectives, will inform Bulgaria of the fact. In the following three months, Bulgaria
will communicate the measures it has taken to comply with the said objectives. If,
subsequently, in consultation with Member States, the Commission considers
that such measures are not sufficient to achieve those goals, will start
to an infringement procedure under Article 226 of the EC Treaty.
Appendix to ANNEX VI
CHAPTER I
List of milk processing establishments not as per
referred to in Annex VI, Chapter 4, Section B, (a)
N. ° Vet. Name and address of the establishment Sede of the premises at
question
Region of Blagoevgrad-N. ° 1
1 BG 0112004 "Matand" EOOD
gr. Pernik
ul. "Lenin" 111
s. Eleshnitsa
Region of Burgas-No. 2
2 BG 0212013 ET "Marsi-Mincho Bakalov"
gr. Burgas
j.k. "Vazrajdane" bl. 1
Burgas
j.k. "Pobeda"
ul. "Baykal" 9
3 BG 0212027 DZZD "Mlechen svyat"
gr. Burgas
j.k. "Izgrev"
ul. "Malchika" 3
s. Debelt
ul. "Indje voyvoda" 5
obl. Burgaska
4 BG 0212028 "Vester" OOD
gr. Burgas
ul. "Fotinov" 36
s. Sigmen
5 BG 0212047 "Complektstroy" EOOD
gr. Burgas
ul. "Aleksandar Stamboliiski" 17
s. Veselie
Region of Vidin-N. ° 5
6 BG 0512025 "El Bi Bulgarikum" EAD
gr. Vidin
gr. Vidin
Yujna promishlena zone
Region of Vratsa-N. ° 6
7 BG 0612010 "Hadjiiski i familiya" EOOD
s. Gradeshnitsa
s. Gradeshnitsa
8 BG 0612027 "Mlechen ray 99" EOOD
gr. Vratsa
j.k. "Dabnika" bl. 48 ap. 3
gr. Vratsa
j.k. Bistrets
Stopanski dvor
9 BG 0612035 ET "Nivego"
s. Chiren
s. Chiren
Region of Gabrovo-N. ° 7
10 BG 0712001 "Ben Invest" OOD
s. Kostenkovtsi
obsht. Gabrovo
s. Kostenkovtsi
obsht. Gabrovo
11 BG 0712002 "Shipka 97" AD
gr. Gabrovo
ul. " V. Levski " 2
gr. Gabrovo
ul. " V. Levski " 2
12 BG 0712003 "Elvi" OOD
s. Velkovtsi
obsht. Gabrovo
s. Velkovtsi
obsht. Gabrovo
13 BG 0712008 "Milkieks" OOD
gr. Sevlievo
j.k. "d-r Atanas Moskov"
gr. Sevlievo
j.k. "Atanas Moskov"
Region of Dobrich-N. ° 8
14 BG 0812002 "AVITA" OOD
gr. Sofia
ul. "20-ti April" 6
s. Tsarichino
15 BG 0812008 "Roles 2000" OOD
gr. Varna
ul. "Tsar Ivan Shishman" 13
s. Kardam
16 BG 0812019 "Filipopolis" OOD
gr. Plovdiv
ul. "Hristo Danov" 2
s. Jeglartsi
17 BG 0812029 " AKURAT-MLECHNA
PROMISHLENOST " OOD
gr. Sofia
ul. "Baba Life 2"
gr. Dobrich
j.k. "Riltsi"
18 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
Region of Kyustendil-N. ° 10
20 BG 1012012 "Galkom" OOD
gr. Dupnitsa
gr. Dupnitsa
ul. "Venelin" 57
21 BG 1012008 ET "Nikolay Kolev"
s. Konyavo
s. Konyavo
Region of Lovech-No. 11
22 BG 1112001 "Prima Lakta" Ltd.
gr. Lovech
ul. "Troyansko shose" 1
gr. Lovech
ul. "Troyansko shose"
23 BG 1112004 "Mlekoprodukt" OOD
gr. Lovech
s. Goran
24 BG 1112008 "Plod" AD
gr. Apriltsi
gr. Apriltsi
25 BG 1112012 "Stilos" OOD
gr. Dupnitsa
ul. "Batenberg" 64
s. Lesidren
Region of Pazardjik-N. ° 13
26 BG 1312011 "Eko-F" EAD
gr. Sofia
ul. "Stara planina" 34
s. Karabunar
27 BG 1312015 "Mevgal Bulgaria" EOOD
gr. Velingrad
gr. Velingrad
j.k. "Industrialen"
28 BG 1312022 ET "Palmite-Vesela Popova"
gr. Plovdiv
ul. "Koprivkite" 23
gr. Strelcha
ul. "Osvobojdenie" 17
Region of Pleven-N. ° 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-N. ° 16
33 BG 1612009 ET "D. Madjarov"
gr. Plovdiv
gr. Stamboliiski-mandra
34 BG 1612013 ET "Polidey-EI"
gr. Karlovo
s. Domlyan
35 BG 1612017 "Snep" OOD
gr. Rakovski
gr. Rakovski
ul. "F. Stanislavov" 57
36 BG 1612020 ET "Bor -Chvor"
s. Dalbok izvor
s. Dalbok izvor
37 BG 1612023 "Vanela" OOD
gr. Plovdiv
bul. "Bulgaria" 170
s. Tsarimir
38 BG 1612024 SD "Kostovi-EMK"
gr. Saedinenie
gr. Saedinenie
39 BG 1612039 "Topolovo-Agrokomers" OOD
gr. Sofia
s. Topolovo
Stopanski dvor
z.k. Dianabad, bl.20
40 BG 1612040 "Mlechni produkti" OOD
gr. Plovdiv
s. Manole
Region of Razgrad-N. ° 17
41 BG 1712002 ET "Rosver"
gr. Tsar Kaloyan
ul. "Ivan Vazov" 4
gr. Tsar Kaloyan
ul. "Sofia" 41
42 BG 1712010 "Bulagrotreyd" OOD
gr. Ruse
ul. "Elin Pelin" 15A
s. Juper
43 BG 1712020 ET "Prelest-Sevim Ahmed"
s. Podayva
ul. "Struma" 12
s. Lavino
Stopanski dvor
44 BG 1712042 ET "Madar"
s. Madrevo
ul. "Han Kubrat" 65
s. Terter
Stopanski dvor
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. Vetovo
47 BG 1812022 ZKPU "Tetovo"
s. Tetovo
s. Tetovo
ul. "Tsar Osvoboditel" 5
48 BG 1812011 ET "Georgi Bojinov-Gogo"
s. Nikolovo
s. Nikolovo
Region of Silistra-N. ° 19
49 BG 1912004 ET "Merone-Hristo Kunev"
gr. Silistra
bul. "Makedonia" 150
gr. Alfatar
50 BG 1912013 "JOSI" OOD
gr. Sofia
ul. "Hadji Dimitar" 142 vh.A
s. Chernolik
51 BG 1912024 "Buldeks" OOD
gr. Silistra
ul. "D. Donchev" 6
s. Belitsa
Region of Sliven-N. ° 20
52 BG 2012007 "Delta lakt" OOD
gr. Stara Zagora
ul. "Tsar Kaloyan" 20
s. Stoil Voyvoda
53 BG 2012020 "Yotovi" OOD
gr. Sliven
j.k. Rechitsa
ul. "Kosharite" 12
gr. Sliven
j.k. Rechitsa
54 BG 2012022 "Bratya Zafirovi" OOD
gr. Sliven
ul. "Treti mart" 7
gr. Sliven
Industrialna zone Zapad
55 BG 2012030 "Agroprodukt" OOD
gr. Sliven
ul. "Oreshak" 24
s. Dragodanovo
56 BG 2012036 "Minchevi" OOD
s. Korten
obl. Sliven
s. Korten
obl. Sliven
Region of Smolyan-N. ° 21
57 BG 2112001 "Belev" EOOD
gr. Smolyan
gr. Smolyan
ul. "Trakiya" 15
58 BG 2112021 "Rossi" EOOD
gr. Dospat
gr. Dospat
59 BG 2112018 ET "Rosen Atanasov-Komers"
s. Kutela
s. Kutela
60 BG 2112023 ET "Iliyan Isakov"
s. Trigrad
s. Trigrad
obsht. Devin
Region of Sofia City-No. 22
61 BG 2212001 "Danon-Serdika" AD
gr. Sofia
ul. "Ohridsko ezero" 3
ul. "Ohridsko ezero" 3
62 BG 2212002 "Formalat" EOOD
s. G. Lozen
ul. "Saedinenie" 132
s. G. Lozen
ul. "Saedinenie" 132
63 BG 2212009 "Serdika-94" OOD
j.k. Jeleznitsa
j.k. Jeleznitsa
64 BG 2212022 "Megle-MJ" OOD
ul. "Probuda" 14
ul. "Probuda" 12-14
65 BG 2212023 "EL BI BULGARIKUM" EAD
gr. Sofia
ul. "Saborna" 9
ul. "Malashevska" 12A
Region of Sofia District-No. 23
66 BG 2312013 ET "Dobrev"
s. Dragushinovo
s. Dragushinovo
67 BG 2312016 AD "Bovis"
s. Trudovets
s. Trudovets
68 BG 2312026 "Dyado Liben" OOD
gr. Sofia
ul. "Hubcha" 2
gr. Koprivshtitsa
bul. " H. Nencho
Keywords " 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-N. ° 24
71 BG 2412019 "Dekada" OOD
gr. Stara Zagora
bul. "Ruski" 41 et.3 ap.9
s. Elhovo
72 BG 2412023 Agricultural Institute
gr. Stara Zagora
gr. Stara Zagora
73 BG 2412033 "Gospodinovi" OOD
gr. Stara Zagora
pl. "Beroe" 1 ap.21
s. Julievo
Region of Targovishte-N. ° 25
74 BG 2512004 "PIP Trade" OOD
gr. Sofia
ul. "Baba Vida" 2
s. Davidovo
75 BG 2512006 "Hadad" OOD
s. Makariopolsko
s. Makariopolsko
76 BG 2512016 "Milktreyd-BG" OOD
gr. Sofia
obsht. "Studentska" 58-A-115
s. Saedinenie
obl. Targovishte
77 BG 2512017 "YU And S-Komers" OOD
gr. Opaka
s. Golyamo Gradishte
ul. "Rakovski" 2
Region of Yambol-N. ° 28
78 BG 2812002 "Arachievi" OOD
gr. Elhovo
ul. "Bakalov" 19
s. Kirilovo
79 BG 2812003 "Balgarski jogurt" OOD
s. Ravda
s. Veselinovo
Kompleks "Ekaterina"
80 BG 2812025 "Sakarela" OOD
gr. Yambol
ul. " Hr. Botev " 24-B-15
gr. Yambol
ul. "Preslav" 269
CHAPTER II
List of processing establishments of two types of milk-milk as per and milk
not as referred to in Annex VI, Chapter 4, Section B, points (a) and (c)
N. ° Vet. Name and address of the
establishment
Headquarters of the facilities in question
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
Region of Vratsa-N. ° 6
4 BG 0612012 ET "Zorov -97"
gr. Vratsa
j.k. Kulata
ul. "Palkovitsa" 7
Vrachanski balkan, mestnost
"Parshevitsa"
Region of Dobrich-N. ° 8
5 BG 0812009 "Serdika-90" AD
gr. Dobrich
gr. Dobrich
ul. "25 septemvri" 100
Region of Lovech-No. 11
6 BG 1112006 "Kondov Ekoproduktsiya" OOD
gr. Sofia
s. Staro seal
Region of Plovdiv-N. ° 16
7 BG 1612001 "OMK"
gr. Sofia
gr. Plovdiv
bul. "Dunav" 3
8 BG 1612002 "Shipka 99" OOD
gr. Parvomay
gr. Parvomay
9 BG 1612037 "Filipopolis-RK" OOD
gr. Plovdiv
gr. Plovdiv
j.k. "Proslav"
ul. "Prosveta" 2A
10 BG 1612041 "Elit-95" EOOD
s. Dalbok izvor
s. Dalbok izvor
Region of Ruse-No. 18
11 BG 1812003 "Sirma Prista" AD
gr. Ruse
gr. Ruse
bul. "3-ti mart" 1
Region of Sliven-N. ° 20
12 BG 2012006 "Mlechen pat" AD
gr. Sofia
ul. "Vasil Levski" 109
gr. New 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 zone Zapad
j.k. 10
15 BG 2012042 "Tirbul" EAD
gr. Sliven
"Tirbul" EAD
gr. Sliven
Region of Stara Zagora-N. ° 24
16 BG 2412005 "Markeli" AD
gr. Stara Zagora
ul. "Sv.Kn.Boris" 67 et.3 ap.6
gr. Kazanlak
j.k. Industrialen
Region of Targovishte-N. ° 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 zone
Region of Haskovo-N. ° 26
19 BG 2612047 "Balgarsko sirene" OOD
gr. Harmanli
ul. "Gotse Delchev" 1
gr. Haskovo
bul. "Saedinenie" 94
Region of Yambol-N. ° 28
20 BG 2812022 "Karil i Tanya" OOD
gr. Yambol
gr. Yambol
ul. "Graf Ignatiev" 189
ANNEX VII
List referred to in Article 23 of the Act of Accession:
transitional measures-Romania
1. FREE MOVEMENT OF PERSONS
Treaty establishing the European Community
31968 R 1612: Council Regulation (EEC) No 1612/68,
of October 15, 1968, concerning the free movement of workers in the Community
(OJ L 257, 10/19/1968, p. 2), with the last wording given by:
-32004 L 0038: Directive 2004 /38/CE of the European Parliament and of the Council,
of 4/29/2004 (OJ L 158, 4/30/2004, p. 77)
31996 L 0071: Directive 96 /71/CE of the European Parliament and of the Council,
of December 16, 1996, concerning the posting of workers in the framework of
a provision of services (OJ L 18, 1/21/1997, p. 1).
32004 L 0038: Directive 2004 /38/CE of the European Parliament and of the Council,
of April 29, 2004, concerning the right of free movement and residence of citizens
of the Union and of the members of their families in the territory of the Member States, which
changes the Regulation (EEC) No 1612/68 and repealing Directives 64 /221/CEE,
68 /360/CEE, 72 /194/CEE, 73 /148/CEE, 75 /34/CEE, 75 /35/CEE, 90 /364/CEE,
90 /365/CEE and 93 /96/CEE (OJ L 158, 4/30/2004, p. 77).
1. Rule 39 and the first paragraph of Article 49 of the EC Treaty are
fully applicable to the freedom of movement of workers and the freedom of
provision of services involving the temporary movement of workers, such as
defined in Article 1 of Directive 96 /71/CE, between Romania, on the one hand, and each
of the present Member States, on the other hand, subject to the transitional provisions
provided for in the n. paragraphs 2 a to 14.
2. By way of derogation from Articles 1 to 6 of the Regulation (EEC) No 1612/68 and up to
term of the period of two years from the date of accession, the present Member States
shall implement national measures, or measures resulting from bilateral agreements, which
regulates the access of Romanian nationals to their labour markets. The current
Member States may continue to implement such measures until the end of the period of
five years from the date of accession.
Romanian nationals who, at the date of accession, work legally in a state-
-Current Member States and have been admitted to the labour market of that Member State
for an uninterrupted period equal to or greater than 12 months shall enjoy the right of
access to the labour market of that Member State but not to that of another State-
-Member who apply national measures.
Romanian nationals who, after accession, are admitted to the labour market of
a current Member State, for an uninterrupted period equal to or greater than 12 months,
should enjoy the same rights.
The Romanian nationals mentioned in the second and third paragraphs above leave from
enjoy the rights referred to in these paragraphs if they voluntarily leave the
labour market of the Member State in question.
Romanian nationals who work legally in a current Member State at the date of
accession or during a period of application of national measures, and which have been
admitted to the labour market of that Member State for a lower period
at 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 undertake the review of the operation of the transitional measures provided for in paragraph 2,
on the basis of a report from the Commission.
Completed that review, and no later than the end of the two-year period to be counted from
date of accession, the present Member States shall report to the Commission if they go
continue to implement national measures or measures resulting from bilateral agreements, or
if, from then on, they go on to apply Articles 1 to 6 of the Regulation (EEC)
n. 1612/68. In the absence of such communication, articles 1 to 6 are applicable.
Regulation (EEC) No 1612/68.
4. At the request of Romania, a further review may be carried out. Is applicable the
procedure provided for in paragraph 3, which shall be completed within six months of
count of the receipt of the application.
5. A Member State that maintains national measures or measures resulting from
bilateral agreements at the end of the five-year period indicated in paragraph 2 may, in the event of
disturbance or threat of serious disturbances from its labour market or
threats from these disorders, and after notification from the Commission, continue to apply those
measures up to the end of the seven-year period from the date of accession. On the lack of this
communication, Articles 1 to 6 of Regulation (EEC) No 1612/68 shall apply.
6. During the period of seven years from the date of accession, Member States
where, by virtue of paragraph 3, 4 or 5, are applicable to Romanian nationals Articles 1.
a 6 to 6 of Regulation (EEC) No 1612/68, and to grant work permits to the
romanians national for follow-up effects during that period, will do so
automatically.
7. Member States in which, by virtue of paragraphs 3, 4 or 5, shall apply to the
National Romanian Articles 1 to 6 of Regulation (EEC) No 1612/68, may
have recourse to the procedures set out in the following paragraphs by the end of the period of
seven years from the date of accession.
Where a Member State referred to in the first paragraph suffers or provides for
disturbances in its labour market that could severely threaten the standard of
life or the level of employment in a given region or profession, you must inform the fact to
Commission and the other Member States, providing them with all information
pertinent. On the basis of such information, the Member State may request the Commission
that declare the suspension, in whole or in part, of the application of Articles 1 to 6 of the
Regulation (EEC) No 1612/68, so that the situation will return to normalcy in that
region or profession. The Commission shall decide on the suspension and the duration and scope of it,
no later than two weeks from receipt of that application and notifies the Council
of that decision. Any Member State may, within two weeks of the
decision of the Commission, to request the Council to cancel or amend the decision. The
Council deliberates on such a request, by qualified majority, within two
weeks.
Any of the Member States referred to in the first subparagraph may, in cases
urgent and exceptional, suspend the application of Articles 1 to 6 of the
Regulation (EEC) No 1612/68, and shall then submit to the Commission a
notification ex-post substantiated.
8. While the application of Articles 1 to 6 of the Regulation (EEC) No 1612/68
is suspended by virtue of paragraphs 2 a to 5 and 7 above, Art. 23 of Directive 2004 /38/CE
is applicable in Romania in relation to nationals of the present Member States and in the
current Member States in relation to Romanian nationals, under the following conditions,
with regard to the right of the family members of the employees to exercise a
activity:
-the spouse of a worker and his / her descendants under 21 years of
age or his post, which with him legally resides in the territory of a State-
-Member at the date of accession, they have, as of that date, immediate access to the market
of work of that Member State. This provision does not apply to members of the
family of a worker who has been lawfully admitted to the market of
work from that Member State for a period of less than 12 months;
-the spouse of a worker and his / her descendants under 21 years of
age or his post, which with him legally resides in the territory of a State-
-Member States since a date subsequent to that of the accession, but during the period of
application of the transitional provisions set out above, have access to the market of
work of the Member State concerned as soon as they pervage eighteen months of
residence in that Member State, or from the third year subsequent to the date of
adhesion, depending on the date you first check.
These provisions do not undermine more favourable measures, be they national or
resulting from bilateral agreements.
9. To the extent that certain provisions of Directive 2004 /38/CE, which replace
the provisions of Directive 68 /360/CEE 1 , they cannot be dissociated from those of the
Regulation (EEC) No 1612/68, the application of which is deferred under the terms of paragraphs 2 a to 5 and 7
and 8, Romania and the present Member States may establish derogations from those
provisions to the extent necessary for the application of paragraphs 2 a to 5 and 7 and 8.
10. Where, by virtue of the transitional provisions set out above, the present
Member States apply national measures or measures resulting from agreements
bilateral, Romania may keep in force equivalent measures in relation to the
nationals of or of the Member States concerned.
11. If the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is
suspended by one of the present Member States, Romania may turn to the
procedure provided for in paragraph 7 in relation to Bulgaria. During that period, Romania
shall automatically issue work permits for follow-up purposes
for the Bulgarian nationals.
12. Any of the present Member States applying national measures in the
terms of paragraphs 2 a to 5 and 7 a to 9 may introduce, under national law, a
freedom of movement of workers greater than that existing at the date of accession,
including full access to the labour market. From the third year on from the
date of accession, any of the present Member States applying national measures
may, at any time, decide to apply Articles 1 to 6 of the Regulation (EEC)
n. 1612/68 in substitution of those. The Commission shall be informed of that decision.
13. To cope with disturbances or the threat of serious disturbances in
certain sectors of sensitive services of their labour markets, which may
arise, in certain regions, following the transnational provision of defined services
in Article 1 of Directive 96 /71/CE, and as they apply, by virtue of the provisions
1 Council Directive 68 /360/CEE of October 15, 1968 on the deletion of the
Restrictions on the displacement and permanence of employees of Member States and their
families in the Community (OJ L 257, 10/19/1968, p. 13). Directive with the last
wording given to it by the Act of Accession of 2003 (OJ L 236, 9/23/2003, p. 33) and
repealed, with effect from April 30, 2006, by the Directive 2004 /38/CE of the
European Parliament and of the Council (OJ L 258, 4/30/2004, p. 77).
transitional above, national measures or measures resulting from agreements
bilateral to the free movement of Romanian workers, Germany and Austria may,
after notification of the Commission, provide for derogations 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 carry out an activity in Germany and Austria is subject to national measures.
The list of the service sectors that may be covered by this derogation is the
next:
-in Germany:
Sector NACE Code *
, unless stated in
contrary
Construction, including related activities 45.1 a to 4;
Activities listed in the Annex to
Directive 96 /71/CE
Industrial cleaning activities 74.70 Industrial cleaning activities
Other services 74.87 Exclusively activities of
interior decoration
-in Austria:
Sector NACE Code *, unless stated in
contrary
Activities of the related services
with horticulture
01.41
Sawdust, cutting and finishing of stone 26.7
Manufacture of building structures
metallics
28.11
Construction, including related activities 45.1 a to 4;
Activities listed in the Annex to
Directive 96 /71/CE
Safety activities 74.60
Industrial cleaning activities 74.70
Nursing home care 85.14
Social service and activities without
accommodation
85.32
___________________________
* NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90,
of October 9, 1990, concerning the statistical nomenclature of activities
economic in the European Community (OJ L 293, 10/24/1990, p. 1).
Regulation with the last wording given by 32003 R 0029:
Regulation (EC) No 1882/2003 of the European Parliament and of the Council,
of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
To the extent that Germany or Austria provide for derogations from the first
paragraph of Article 49 of the EC Treaty, in the terms of the preceding paragraphs, the
Romania may, after notification of the Commission, adopt equivalent measures.
The application of this paragraph shall not result in conditions of movement
temporary workers in the context of the transnational provision of services between the
Germany or Austria and Romania more restrictive than the victors at the date of
signature of the Treaty of Accession.
14. The application of paragraphs 2 a to 5 and 7 a to 12 may not result in conditions of access of the
Romanian nationals to the labour markets of the present Member States more
restrictive than those in force at the date of the signing of the Accession Treaty.
Without prejudice to the application of paragraphs 1 a to 13, the present Member States shall, during
the period in which they apply national measures or measures resulting from agreements
bilateral, give preference to national workers of Member States in
the detriment of domestic workers from third countries, as far as access to the
your job market.
Romanian migrant workers and their legally resident families and the
work in another Member State or migrant workers from other States-
-Members and their legally resident families and working in Romania cannot
be treated in a more restrictive manner than those of a third country resident and the
work in that Member State or in Romania, respectively. In addition and in
application of the principle of Community preference, migrant workers from countries
third party residents and working in Romania may not have a further treatment
favorable than Romanians nationals.
2. FREE PROVISION OF SERVICES
31997 L 0009: Directive 97 /9/CE of the European Parliament and of the Council of March 3
of 1997, relating to investor compensation systems (OJ L 84, 3/26/1997,
p. 22).
By way of derogation from Article 4 (1) of Directive 97 /9/CE, the minimum level of
compensation is not applicable in Romania until December 31, 2011. The Romania
must ensure that your investor compensation system stipulations a
coverage not less than EUR 4500 between January 1, 2007 and December 31
from 2007, not less than EUR 7000 between January 1, 2008 and December 31
from 2008, not less than EUR 9000 between January 1, 2009 and December 31
from 2009, not less than EUR 11000 between January 1, 2010 and December 31
from 2010 and not less than EUR 15000 between January 1, 2011 and December 31
of 2011.
During such a transitional period, the remaining Member States shall have the right to prevent
that a branch of a Romanian investment company established in its
territories to carry out its activity, other than-and until-that branch adheres to a
compensation system of the investors officially recognised in the territory of that
Member State to cover the difference between the level of Romanian compensation and the level
Minimum referred to in Article 4 (1) of Directive 97 /9/CE.
3. FREE MOVEMENT OF CAPITAL
Treaty of the European Union,
Treaty establishing the European Community.
1. Notwithstanding the obligations resulting from the Treaties on which the Union is founded
European, Romania can keep in place, for five years from the date
of the accession, the restrictions, prevailing in their legislation at the date of the signing of the Treaty
of Accession, in respect of acquisition of property rights on land for
secondary residences by nationals of Member States or States
Parties to the Agreement on the European Economic Area (Agreement on the EEA) not
residents in Romania and by societies constituted under the terms of the legislation of
other Member State or of a State Party to the EEA Agreement which does not
are established or have a branch office or agency that represents them in the
territory of Romania.
The nationals of the Member States and of States Parties to the EEA Agreement
legally resident in Romania are not subject to the provisions of the paragraph
previous nor to any rules and procedures other than those that apply to the
romanians national.
2. Notwithstanding the obligations resulting from the Treaties on which the Union is founded
European, Romania can keep in place, for seven years from the date of
accession, the restrictions, prevailing in their legislation at the date of the signing of the Treaty of
Membership, in relation to the acquisition of agricultural land, forests and land
forestry by nationals of Member States, by nationals of States Parties
in the Agreement on the EEA and by companies constituted under the terms of the legislation of
other Member State or of a State Party to the EEA Agreement which does not
are established or registered in Romania. With regard to the acquisition of
agricultural land, forestry and forest land, the nationals of the States-
-Members may not, under any circumstances, receive less favourable treatment from the
that at the date of signature of the Accession Treaty, nor be dealt with in a more
restrictive than a national of a third country.
The farmers on their own nationals from another Member State who wish
establishing yourself and residing in Romania are not subject to the provisions of the paragraph
previous nor to any procedures other than those that apply to the
romanians national.
A general review of these transitional measures will be carried out in the third year.
count of the date of accession. For this purpose, the Commission shall submit a
report to the Council. The Council, acting unanimously on a proposal from the
Commission, may decide to reduce or terminate the transitional period indicated in the
first paragraph.
4. COMPETITION POLICY
A. TAX AIDS
1. Treaty establishing the European Community, Title VI, Chapter 1-Rules of
competition
a) Notwithstanding Articles 87 and 88 of the EC Treaty, Romania may continue to
granting to the companies to which an investor certificate has been granted
permanent in a disadvantaged area before July 1, 2003, an exemption
of corporate tax on the basis of the governmental dispatch of
emergency No 24/1998 concerning the disadvantaged areas, and their changes:
-to 3 disadvantaged areas (Brad, Valea Jiului, Bălan) until December 31
of 2008 inclusive;
-to 22 disadvantaged areas (Comăneşti, Bucovina, Altân Tepe, Filipeşti,
Ceptura, Albeni, Schela, Motru Rovinari, Rusca Montană, Bocşa, Moldova
Nouă-Anina, Baraolt, Apuseni, Ştei-Nucet, Borod Şuncuiuş-Dobreşti-Vadu
Crişului, Popeşti-Derna-Aleşd, Ip, Hida-Surduc-Jibou-Bălan, Şărmăşag-
Chiejd-Bobota, Baia Mare, Borşa Vişeu, Rodna) until December 31
of 2009 inclusive;
-to 3 disadvantaged areas (Cugir, Zimnicea, Copşa Mică)
by December 31, 2010 inclusive,
in the following conditions:
-State aid is granted to regional investments:
-the net intensity of such regional aid shall not exceed the
rate of 50% of net equivalent-grant. The maximum limit
indicated can be increased by 15 percentage points for the
small and medium-sized enterprises, provided that the net intensity
total aid does not exceed 75%;
-if the company exercises its business in the automotive sector 1 , the
total aid should not exceed 30% of the investment costs
eligible;
-the starting date of the period for the calculation of the aid to
subordinate to the maximum limits referred to above is January 2
of 2003; are excluded from the calculation all aid applications and
received on the basis of profits prior to that date;
-for the purpose of calculating the total aid, account is taken of all the
aid granted to the beneficiary who are related to the
eligible costs, including aid granted under others
regimes, regardless of whether they come from local sources,
regional, national or community;
-eligible costs are defined on the basis of the relative Guidelines
to state aid with a regional purpose 2 ;
-the eligible costs that can be taken into account are the costs
supported between October 2, 1998 (i.e., the date of entry into
vigour of the system under the emergency government dispatch
n. 24/1998 on the disadvantaged areas)
and September 15, 2004.
b) Romania shall provide the Commission with:
1 Within the meaning of Annex C of the Commission Communication entitled " Framework
Multisectoral community of aid with regional purpose for large projects
of investment " (OJ C 70, 3/19/2002, p. 8). Communication with the wording that was
given and published in OJ C 263, 11/1/2003, p. 3. 2 OJ L 74, 3/10/1998, p. 9. Guidelines with the wording that have been given to them and published
in OJ C 258, 9/9/2000, p. 5.
-two months after the date of accession, information on the fulfilment of the
conditions above;
-up to the end of December 2010, information on the costs of
eligible investment actually incurred by the beneficiaries to the
shelter from the governmental emergency dispatch No 24/1998 concerning the
underprivileged areas and their changes, as well as about the amounts
totals of the aid received by the beneficiaries; and
-semiannual reports on the monitoring of aid granted to the
beneficiaries of the automotive sector.
2. Treaty establishing the European Community, Title VI, Chapter 1-Rules of
competition
a) Notwithstanding Articles 87 and 88 of the EC Treaty, Romania may continue to
grant, to companies that have signed commercial contracts with the
administrations of the free zones before July 1, 2002, an exemption from
royalties on the basis of Law No. 84/1992 on free zones, and their respective
changes, until December 31, 2011, in the following conditions
-State aid is granted to regional investments:
-the net intensity of such regional aid shall not exceed the rate
of 50% of net equivalent-grant. The maximum limit indicated
can be increased by 15 percentage points for small and
medium enterprises, provided that the total net intensity of the aid does not
exceeds 75%;
-if the company exercises its business in the automotive sector 1 , the aid
total shall not exceed 30% of the eligible investment costs;
1 Within the meaning of Annex C of the Commission Communication entitled " Framework
Multisectoral community of aid with regional purpose for large projects
of investment " (OJ C 70, 3/19/2002, p. 8). Communication with the wording that was
-the commencement date of the period for the calculation of the aid to be subordinated to the
maximum applicable limits is January 2, 2003; are excluded from the
calculation all aid applications and received on the basis of profits
previous to that date;
-for the purpose of calculating the total aid, account is taken of all the
aid granted to the beneficiary who are related to the
eligible costs, including aid granted under others
regimes, regardless of whether they come from local sources,
regional, national or community;
-eligible costs are defined on the basis of the relative Guidelines
to state aid with a regional purpose 1 ;
-the eligible costs that can be taken into account are the costs
supported between July 30, 1992 (i.e., the date of entry into
vigour of the system under the Act No. 84/1992 on the areas
francas) and November 1, 2004.
b) Romania shall provide the Commission with:
-two months after the date of accession, information on the fulfilment of the
conditions above;
-up to the end of December 2011, information on the costs of
eligible investment actually incurred by the beneficiaries to the
under Law No. 84/1992 on free zones and their amendments,
as well as on the total amounts of aid received by the beneficiaries;
and
given and published in OJ C 263, 11/1/2003, p. 3.
1 OJ L 74, 3/10/1998, p. 9. Guidelines with the wording that have been given to them and published
in OJ C 258, 9/9/2000, p. 5.
-semiannual reports on the monitoring of aid granted to the
beneficiaries of the motor vehicle sector.
B. RESTRUCTURING OF THE STEEL SECTOR
Treaty establishing the European Community, Title VI, Chapter 1-Rules of
competition
1. Notwithstanding Articles 87 and 88 of the EC Treaty, State aid
granted by Romania for the purpose of restructuring to certain areas of its
steel industry between 1993 and 2004 are considered to be compatible with the market
common since:
-the period provided for in Article 9 (4) of Protocol No 2 on products
ECSC of the European Agreement establishing an association between the Communities
Europeans and their Member States, on the one hand, and Romania, on the other 1 ,
has been extended until December 31, 2005,
-the terms set out in the national restructuring plan and the plans
individual business on whose basis has been extended the Protocol referred to above
are respected during the period from 2002 a to 2008,
-the conditions laid down in these provisions and in the
Appendix A,
-are not granted or paid any state aid, be it under what form
for, the steel companies covered by the national restructuring programme
from January 1, 2005 until December 31, 2008, date of end of the
period of restructuring, and
1 OJ L 357, 12/31/1994, p. 2. Agreement with the last wording given by the
Decision No 2/2003 of the EU/Romania Association Council of 9/25/2003 (not yet
published in the Official Journal).
-are neither granted nor paid to the Romanian steel sector any aid
state to the restructuring after December 31, 2004. For the purposes of the
present provisions and Appendix A, by State aid to the restructuring
understands any measures concerning the steel industries that constitute
state aid within the meaning of Article 87 (1) of the EC Treaty and which does not
may be considered compatible with the common market in accordance with
rules applicable in general in the Community.
2. Only the companies listed in Appendix A, Part I, (hereinafter referred to
by "beneficiary companies") are eligible for the granting of state aid in the
scope of the restructuring programme of the Romanian steel industry.
3. The restructuring of the Romanian steelmaking sector, as exposed in the plans
individual business of the beneficiary companies and in the national plan of
restructuring, and in accordance with the conditions laid down in these provisions and
in Appendix A, it shall be completed no later than December 31, 2008 (date to
follow designated by "end of the restructuring period").
4. A beneficiary company cannot:
a) In the event of a merger with a company not included in Appendix A, Part I,
transmit the benefit of the aid it has been granted;
b) To retake the assets of any other company not included in Appendix A, Part
I, and pass on the benefit of the aid granted to it in the period
by December 31, 2008.
5. Any subsequent changes in the ownership of any of the companies
beneficiary must comply with the conditions and principles regarding the feasibility, the
state aid and capacity reduction, as defined in those present
provisions and in Appendix A.
6. Companies not included as "beneficiary companies" in Appendix A, Part
I, shall not qualify for state aid for restructuring or any other
aid deemed not to be compatible with Community rules in respect of
state aid nor will they be required for a reduction in capacities in this context.
Any capacity reductions in these companies will not be accounted for in the
minimum reduction.
7. The total amount of the gross restructuring aid to be approved for the
beneficiary companies is determined by the justifications for each aid measure
provided for in the national final restructuring programme and business plans
individual approved by the Romanian authorities and subject to final verification in what
respects the observance of the criteria set out in Article 9 (4) of Protocol 2 to the
European Agreement, as well as the approval by the Council. In any way, the amount
total gross aid for restructuring granted and paid in the period 1993-2004 no
may exceed ROL 49 to 985 thousand million. In the interior of this global cap-maximum, they are
applicable the following sub-limits or maximum amounts of State aid
granted and paid to each beneficiary company in the period 1993-2004:
Ispat Sidex Galaţi ROL 30 598 thousand million
Siderurgica Hunedoara ROL 9 975 thousand million
CS Reşiţa ROL 4 707 thousand million
IS Câmpia Turzii ROL 2 234 thousand million
COS Târgovişte ROL 2 399 thousand million
Donasid (Siderca) Călăraşi ROL 72 thousand million
State aid should be aimed at enabling the viability of companies
beneficiaries under normal market conditions at the end of the restructuring period. The
amount and the intensity of such aid shall be limited to the strictly necessary
to re-establish that viability. The feasibility will be determined taking into account the
criteria described in Appendix A, Part III.
Romania cannot grant any other state aid to its industry
steel for the purpose of restructuring.
8. Total net capacity reductions to be achieved by the beneficiary companies
during the period 1993-2008 will be 2.05 million tonnes, at the earliest.
These capacity reductions are assessed on the basis of the definitive closure of the
production facilities for hot-rolled laminate in cause, upon destruction
physics of proportions such that it prevents their further reactivation. An eventual
declaration of bankruptcy of a beneficiary company cannot be considered as a
reduction of capacity 1 .
The minimum net capacity reduction of 2.05 million tons and the dates for the
cessation of production and final closure of the facilities covered processing-
if-according to the timetable set out in Appendix A, Part II.
9. Individual business plans shall contain the written approval of the
beneficiary companies. These plans must be implemented and include,
particularly:
a) For the Ispat Sidex Galaţi:
i) the implementation of the investment programme for the modernization of the
facilities, increase in incomes, reduction of costs (in particular
of energy consumption) and the improvement of quality
ii) the evolution to market segments of larger steel flat products
value added
iii) the improvement of operational efficiency and organizational management
iv) the completion of the financial restructuring of the company
v) the implementation of the investments necessary for the observance of the
environmental legislation
b) For Siderurgica Hunedoara:
i) the modernization of the facilities, in order to realize the sales plans
predicted
ii) the improvement of operational efficiency and organizational management
1 Capacity reductions must be final in the terms of the Decision
n. 3010 /91/CECA of the Commission (OJ L 286, 10/6/1991, p. 20).
iii) the implementation of the investments necessary for the observance of the
environmental legislation
c) For the IS Câmpia Turzii:
i) the increase in the production of processed and higher value products
added
ii) the implementation of the investment program, in order to improve the
quality of production
iii) the improvement of operational efficiency and organizational management
iv) the implementation of the investments necessary for the observance of the
environmental legislation
d) For CS Reşiţa:
i) specialization in semi-finished products for supply to the sector
place of tubing
ii) the closure of non-efficient capacities
iii) the implementation of the investments necessary for the observance of the
environmental legislation
e) For the COS Târgovişte:
i) the increase in the quantity of products of higher value added
ii) the implementation of the investment program, in order to achieve reductions of
costs, higher efficiency and improvement of quality
iii) the implementation of the investments necessary for the observance of the
environmental legislation
f) For the Donasid Călăraşi:
i) the implementation of the investment programme for the modernization of the
facilities
ii) the increase in the amount of finished products
iii) the implementation of the investments necessary for the observance of the
environmental legislation.
10. Any subsequent changes of the national final restructuring programme
and individual business plans must be approved by the Commission and, if
necessary, by the Council.
11. The restructuring shall be carried out in conditions of complete transparency and on the basis of
in solid principles of market economy.
12. The Commission and the Council shall closely monitor the implementation of the programme
of restructuring and individual business plans, as well as compliance with the
conditions set out in these provisions and in Appendix A, before and after accession
up to 2009. Especially, the Commission should follow up on the main commitments and
provisions set out in paragraphs 7 and 8 relating to State aid, viability and
capacity reductions, using in particular the reference indices of the
restructuring set out in paragraph 9 and in Appendix A, Part III. For this purpose, the
Commission shall report to the Council.
13. The follow-up shall include an independent assessment carried out
annually between 2005 and 2009.
14. Romania shall cooperate fully in all measures of
follow up. Namely:
-Romania must submit to the Commission half-yearly reports at the latest
on March 15 and September 15 of each year, unless otherwise decided
of the Commission. The first report is to be submitted on March 15
from 2005 and the last on March 15, 2009;
-reports must include all the information required by
monitoring of the process of restructuring and the reduction and use of the
ability, as well as provide sufficient financial data for it to be
possible to assess if the conditions and requirements of these were fulfilled
provisions and Appendix A. Reports shall contain at least the
information set out in Appendix A, Part IV, which the Commission if
reserves the right to change in function of the experience gained during the
follow-up process. In addition to the reports of each of the
beneficiary companies, a report should also be drawn up on the
global situation of the Romanian steel sector, which will include the recent
macro-economic developments;
-Romania should oblige beneficiary companies to communicate all data
pertinent that they could, in other circumstances, be considered confidential.
In its report to the Council, the Commission should ensure that they are not disclosed
confidential information about specific companies.
15. We will realize half-yearly meetings of an advisory committee composed of
representatives of the Romanian authority and the Commission. The meetings of that Committee
Advisory can also be held on a basis ad hoc if the Commission considers it
necessary.
16. If, on the basis of the monitoring, the Commission finds that they have registered
substantial deviations from the anticipated macroeconomic developments, to the
financial situation of the beneficiary companies or the assessment of the feasibility, may ask
to Romania to take appropriate measures to strengthen or amend the measures of
restructuring of the beneficiary companies in question.
17. If the monitoring shows that:
a) It was not met with any of the conditions laid down in those provisions and
in Appendix A; or that
b) There has been no respect for some of the commitments made by Romania in the
scope of the extension of the period during which this country may
exceptionally grant state aid for the restructuring of its
steel industry under the European Agreement, or that
c) During the period of restructuring Romania granted State aid
additional incompatible to the beneficiary companies or to some company
steel mill,
the Commission will take the necessary measures to require that the companies in question
repay any aid granted in disregard of the conditions laid down
in these provisions and in Appendix A. If necessary, the clauses of
safeguard set out in Article 37 of the Act or under Article 39 of the Act.
5. AGRICULTURE
A. AGRICULTURAL LEGISLATION
31999 R 1493: Council Regulation (EC) No 1493/1999 of May 17, 1999,
establishing the common organisation of the wine market (OJ L 179, 7/14/1999,
p. 1), with the last wording given by:
-32003 R 1795: Commission Regulation (EC) No 1795/2003 of 10/13/2003
(OJ L 262, 10/14/2003, p. 13).
By way of derogation from paragraphs 1 a to 3 of Article 19 of Regulation (EC) No 1493/1999, a
Romania may recognize the replanting rights obtained through the start-up of
hybrid castes that cannot be included in the classification of vine castes,
cultivated on a surface area of 30000 hectares. Such replanting rights may be
used only until December 31, 2014 and exclusively for planting with
Vitis vinifera .
The restructuring and reconversion of these vines will not be able to benefit from the support
Community provided for in Article 13 of Regulation (EC) No 1493/1999. However,
national state aid may be granted for the costs resulting from it
restructuring and conversion. Such aid may not exceed 75% of the total costs
for each vine.
B. VETERINARY AND PHYTOSANITARY LEGISLATION
I. VETERINARY LEGISLATION
32004 R 0852: Regulation (EC) No 852/2004 of the European Parliament and of the Council,
of April 29, 2004 on the hygiene of foodstuffs (OJ L 139
of 4/30/2004, p. 1).
32004 R 0853: Regulation (EC) No 853/2004 of the European Parliament and of the Council,
of April 29, 2004, which sets out specific rules of hygiene applicable to the
foodstuffs of animal origin (OJ L 139, 4/30/2004, p. 55).
a) The structural requirements set out in Annex II, Chapter II, of the
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 the Regulation (EC)
n. 853/2004, do not apply to establishments in Romania constant of the
Appendix B to this Annex until December 31, 2009, subject to the
conditions set out below.
b) As long as the establishments referred to in (a) benefit from the provisions
in that point, the products from such establishments will only be
placed on the national market or used for further processing in
establishments in Romania also covered by the provisions of (a),
regardless of the date of marketing. These products must bear
a brand of salubrity or a mark of identification other than that provided for in the
Article 5 of Regulation (EC) No 853/2004.
The preceding paragraph shall also apply to all products from
integrated meat processing establishments, whenever a part
of the establishment is the subject of the provisions of subparagraph (a).
c) The milk processing establishments listed in Appendix B of the
present Annex may, until December 31, 2009, receive milk deliveries
cru that does not meet the requirements of Annex III, Section IX, Chapter I,
Sub-chapters II and III of Regulation (EC) No 853/2004, or which has not been
handled in accordance with these requirements, provided that the holdings from where
stem these deliveries are mentioned in a list maintained for the purpose
by the Romanian authorities. Romania must submit to the Commission reports
annual progress on the progress in the modernization of such holdings and the
milk collection system.
d) Romania must ensure the gradual compliance with the structural requirements
referred to in point (a). Prior to the date of accession, Romania shall submit to the
Commission a modernisation plan, approved by the veterinary authority
competent national, for each of the establishments covered by the measure
set out in paragraph (a) and listed in Appendix B. The plan shall include a
list of all the gaps regarding the requirements referred to in (a) and the date
intended for its correction. Romania must submit to the Commission reports
annual progress on the progress recorded in each of these establishments. The
Romania must ensure that only those establishments that fully meet
these requirements by December 31, 2009 can continue in
health.
e) The Commission may, in accordance with the procedure referred to in Article 58.
of Regulation (EC) No 178/2002 1 , update Appendix B of the present
Annex before accession and until December 31, 2009 and may, in this context,
adopt or suppress certain establishments, depending on the progress
performed on the correction of the existing gaps and the outcome of the process of
follow up.
The rules of implementation necessary to ensure the proper functioning of the scheme
transitional above may be adopted in accordance with Article 58 of the
Regulation (EC) No 178/2002.
II. PHYTOSANITARY LEGISLATION
1 Regulation (EC) No 178/2002 of the European Parliament and of the Council of January 28
of 2002, which determines the general principles and standards of food law, creates the
European Food Safety Authority and establishes procedures in
food safety matter (OJ L 31, 2/1/2002, p. 1). Regulation
as last amended by the Regulation (EC) No 1642/2003 (OJ L 245
of 9/29/2003, p. 4).
31991 L 0414: Council Directive 91 /414/CEE of July 15, 1991 on the
placement of the plant protection products on the market (OJ L 230, 8/19/1991, p. 1),
with the last wording given by:
-32004 L 0099: Commission Directive 2004 /99/CE of 10/1/2004 (OJ L 309
of 10/6/2004, p. 6).
By way of derogation from Article 13 (1) of Directive 91 /414/CEE, Romania may postpone the
date-limit for the supply of the information referred to in Annexes II and III of the
Directive 91 /414/CEE in respect of authorised plant protection products
currently in Romania and marketed exclusively in the Romanian territory and which
contain copper compounds (sulfate, oxychloride or hydroxide), sulfur, acetochloro,
dimethoate and 2,4-D, provided that these components build at that time of the list of the
Annex I of that Directive. The above date-limit may be postponed
by December 31, 2009, except as far as 2,4-D, the date of which may be
be postponed until December 31, 2008. The above provisions shall only apply to
companies that have actually started to work on the generation or acquisition of the
data requested before January 1, 2005.
6. TRANSPORT POLICY
1. 31993 R 3118: Council Regulation (EEC) No 3118/93 of October 25
of 1993, which sets the conditions for the admission of non-resident carriers to the
national road transport of goods in a Member State (OJ L 279
of 11/12/1993, p. 1), with the last wording given by:
-32002 R 0484: Regulation (EC) No 484/2002 of the European Parliament and of the
Council, of 3/1/2002 (OJ L 76, 3/19/2002, p. 1).
a) By way of derogation from Article 1 of Regulation (EEC) No 3118/93 and up to the expiry of the
third year subsequent to the date of accession, the carriers established in the
Romania is not allowed to carry out national road transport of
goods in the other Member States and the transporters established in the
other Member States are not authorized to carry out national transport
road of goods in Romania.
b) Before the expiry of the third year subsequent to the date of accession, the States-
-Members must report to the Commission whether they will extend that period by a
maximum of two years or if, from that onwards, they will fully implement Article 1 of the
regulation. In the absence of such communication, Article 1 of the Regulation shall apply.
Only the carriers established in the Member States in which it is
applicable Article 1 of the Regulation may carry out national transport
road of goods in the other Member States where it is also
applicable Article 1 of the Regulation.
c) Member States in which, by virtue of the provisions of (b), the
article 1 of the Regulation may resort to the procedure set out below
until the expiry of the fifth year subsequent to the date of accession.
Where in one of the Member States referred to in the preceding paragraph if
to record serious disturbances of the national market, or parts of the same,
due to the activity of cabotage or by it aggravated, for example a
significant surplus of supply in relation to demand or a threat to the
financial balance or the survival of a large number of companies from
road transport of goods, that Member State shall inform that
fact the Commission and the remaining Member States and provide them all
relevant information. On the basis of this information, the Member State may
requesting the Commission to suspend, in whole or in part, the application of Article 1 of the
regulation, so that the situation will return to normalcy.
The Commission shall look at the situation on the basis of the data provided by the State-
-Member concerned and shall decide, within one month of the receipt of the
request, whether it is necessary to adopt safeguard measures. Is applicable the
procedure provided for in the second, third and fourth subparagraphs of paragraph 3, well
as the provisions of Article 7 (4), 5 and 6 of the Regulation.
Any of the Member States referred to in the first subparagraph may, in cases
urgent and exceptional, suspend the application of Article 1 of the Regulation,
you shall then submit to the Commission a notification ex-post
substantiated.
d) While Article 1 of the Regulation is not applicable by virtue of the provisions of the
points (a) and (b), Member States may regulate access to their
national road transport of goods by exchange
progressive of cabotage authorizations, based on bilateral agreements,
and may even introduce full liberalization.
e) The application of points (a), (b) and (c) shall not entail an access to transport
road national of goods more restrictive than the current one on the date of
signature of the Treaty of Accession.
2. 31996 L 0053: Council Directive 96 /53/CE of July 25, 1996, which
fixed the maximum authorized dimensions in national and international traffic and the weights
maximum authorized in international traffic for certain road vehicles in
circulation in the Community (OJ L 235, 9/17/1996, p. 59), with the last wording that
it was given by:
-32002 L 0007: Directive 2002/7/CE of the European Parliament and of the Council,
of 2/18/2002 (OJ L 67, 3/9/2002, p. 47).
By way of derogation from Article 3 (1) of Directive 96 /53/CE, the vehicles that comply
the limit values of categories 3.2.1., 3.4.1., 3.4.2. and 3.5.1. specified in Annex I of the
said directive can only use the non-modernised parts of the road network
romaine until December 31, 2013 if they comply with the Romanian maximum load limits
by axis.
As of the date of accession, restrictions may not be imposed on the use, by the
vehicles that comply with the requirements of Directive 96 /53/CE, of the main itineraries of
traffic indicated in Annex 5 of the Agreement on Transport between the EC and Romania 1 and
in Annex I to Decision No 1692 /96/CE of the European Parliament and of the Council,
of July 23, 1996 on the Community Guidelines for the Development of the
trans-European transport network 2 , and which are going to be listed below:
1. Alba Iulia-Turda-Zalău-Satu Mare-Halmy (road E 81)
2. Zalău-Oradea-Borş (roads 1 H and E 60)
3. Mărăşeşti-Bacău-Suceava-Siret (road E 85)
4. Tişiţa-Tecuci-Huşi-Albiţa (highway E581)
5. Simeria-Haţeg-Rovinari-Craiova-Calafat (road E 79)
6. Lugoj-Caransebeş-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. Braşov-Sibiu (Road E 68)
12. Timişoara-Stamora Moraviţa
Romania will abide by the constant timetable of the framework ahead to modernise its
secondary road network as exposed on the map below. All investments in
infrastructures that involve the resource to funds from the budget
community must ensure that the arteries are built or modernized in a way
to be able to withstand a load of 11.5 tons per axle.
Alongside the completion of the modernization, the progressive opening of the road network will be recorded.
Romanian secondary to vehicles in international traffic that comply with the limit values
provided for in the Directive. For the purpose of loading and unloading, and whenever this is
technically possible, it is authorised to use non-modernized parts of the network of
secondary roads throughout the transitional period.
1 Agreement on Road Traffic between the European Community and Romania concerning the
transportation of goods, from June 28, 2001 (OJ L 142, 5/31/2002, p. 75). 2 OJ L 228, 9/9/1996, p. 1. Decision with the last wording which was given by the
Decision No 884 /2004/CE (OJ L 167, 4/30/2004, p. 1).
From the date of accession, all vehicles in international traffic that comply with the
limit values provided for in Directive 96 /53/CE will only be subject to the temporary rates
additional planned for the use of the Romanian secondary viaria network if they exceed the
national load limits per axle. Such vehicles will not be subject to these fees
additional temporary planned for the use of the Romanian secondary viary network if
exceed the national limits on the total dimensions or weight of the vehicle. Beyond
of this, such vehicles in international traffic that comply with the predicted limit values
in Directive 96 /53/CE and equipped with pneumatic suspension will be subject to fees
lower by at least 25%.
They will be charged, in a non-discriminatory manner, additional temporary fees for the
use of non-modernized parts of the secondary road network to vehicles in traffic
international that comply with the limit values provided for in the Directive. The regime of fees
must be transparent, and the payment of fees shall not involve charges
administrative or excessive delays for the user nor a systematic control of the
load limits by axle at the border. The application of the load limits on the axis should
be ensured in a non-discriminatory manner across the territory and be effective equally
with regard to vehicles enrolled in Romania.
The rates for vehicles without pneumatic suspension that comply with the limit values
provided for in Directive 96 /53/CE shall not exceed the level of fees provided for in the table
below (expressed in figures of 2002). Vehicles equipped with suspension
pneumatics that comply with the limit values laid down in Directive 96 /53/CE will be
subject to lower rates by at least 25%.
Maximum level of fees (expressed in figures of 2002) for vehicles without suspension
pneumatics that comply with the limit values provided for in Directive 96 /53/CE
Cargo declared by axle of a Supplementary Load Bearing vehicle for use
of one kilometre of unmodernised road
(with a maximum of load capacity of 10
tonnes per axle) in euro (numbers 2002)
from 10 tonnes per axle up to 10.5 tonnes per axle 0.11
from 10.5 tonnes per axle up to 11 tonnes per axle 0.30
from 11 tonnes per axle up to 11.5 tonnes per axle 0.44
Timetable for the modernization of the secondary road network in which one will register a
progressive opening to vehicles that comply with the limit values provided in the
Directive 96 /53/CE
Period 2007 2008 2009 2010 2011 2012 2013 TOTAL
Km in course 1 3031 2825 1656 1671 1518 1529 1554
Km put into service 2960 1,674 528624504543471
Work cumulated (in km) 3916 5590 6118 6742 7246 7789 8260 8260
1 Km under way = sections of road in which work is carried out during the
year of reference. These work may begin in the reference year or may
have been started in the previous years.
2 Km placed in service = sections of road whose work has been completed
or that were put into service during the reference year.
Urziceni
ILIA
E79
TUSNAD
CAREI
Nusfalau
MARGHITA
Virfurile
NUCET
HUNEDOARA
Sarmisegetuza
PROM HERCULANE
BAIA DE ARAMA
Carasova
58
ORAVITA
MOLDOVA NOUA
Bozovici
Pojejana57A
Socol
E70
Naidas 57
Gradinari 57
57B
Topleta
ORSOVA
57
Berzeasca
56B
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E70
Iablanita
57B
ANINA
67D
6
76 Dragesti
Les
NADLAC
Biled
Carpinis
SINNICOLAU
59B
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JIMBOLIA
Lovrin 6
Cenad
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7
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LIPOVA69
58B
MORAVITA
DETA
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Voiteg
59
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TIMISOARA
E671
59A
Ortisoara
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LUGOJ
CARANSEBES
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And 7 to 0
58 Saceni
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6
58A
68
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79A
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Pocola BEIUS
E60 BORS
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Prom Felix
Biharia
ORADEA 1
19
ALESD E60
1H
from Bacau Supiacu
19B
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19 1F
CataloiIancaBUZAUVernesti VALENII
Schitu Domnestilui Neag
22D73C67A E79
PLOIESTI
FROM MUNTE
OTOPENI
Adunatii-Copaceni
Calugareni
41
64
OCHIM
Dobrouasa
Babeni
MARI
DRAGASANI
CARACAL
BrincoveniBALSE79
56
CALAFAT Rast
Maglavit
Cetate
56A
E79
55A Dabuleni
Bechet 54A
55
Highway
CRAIOVA
6 Leu
Bumbesti-
Scoarta
Pesteana-Jiu
MOTRU E7
9 Brosteni
TURNU SEVERIN
VINJU MARE
67A
Simian 6
Floresti
DROBETA
67
STREHAIA
FILIASI
66
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Pieptani
67D 67
67
TIRGU JIU ROVINARI
Jiu
66
BalcestiTintareni
E70 65C
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Ganeasa
Giulesti
HOREZU
Maldaresti
Gradistea
TIRGU CARBUNESTI
Cimpu Mare
67B
Bengesti
PolovraciNOVACI
GOVORA
65C 64
PROM 67
64
Clejani
OF VEDE
TURNU MAGURELE
ROSIORII
52
54
CORABIA
E70 Stoenesti
54
Daneasa
65A
6
65A
GIURGIU Smirdioasa
ZIMNICEA
51
51A
E85 E70
5C
Ghimpati
ALEXANDRIA
Draganesti Vlasca
6
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Daia E85
5
661
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72A
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SLATINA
65
E574
COSTESTI
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65A E70
CURTEA OF ARGES
E81 7C
RIMNICU VILCEA
Budau
73C
PITESTI
73
7
E574
Golesti
E60
Bildana
Cringasi
Crevedia Mare
TITU
GAESTI
7
A1
BUFTEA 1
TIRGOVISTE
I.L. Caragiale
72 to 71
FIENI
1A
72
CIMPINA
1
A2
21 to 3
Vlad Tepes Cuza
Budesti
OLTENITAGreaca
4
Minastirea 3B
CALARASI
Ostrov
Voda
31
Baneasa
Corvin 3
Cilibia
Pogoanele
2A
Fundulea
E85
Branesti Pasarea
E60
2
3
Gara Lehliu
Lehliu
URZICENI
E60
Malu
Cosops
MIZIL
1D
Albesti
1B
E85
2C
2B
3A
SLOBOZIA
Drajna
TANGIVE
21 Dragaline
Stefan Voda
3A
Amara
2C
FETUS
Facaeni
3B
Insuratei
Grivita
FAUREI
GIURGENI 21A
E577
2B 21
22C
CONSTANTA
EFORIE NORD
NEPTUN JUPITER
MANGALIA
COSTINESTI
EFORIE SUD
Vama Veche
E87
E675
Ovidiu
Cobadin
Amzacea
Negru vows 38
Pietreni
Basarabi
E87
SATURN VENUS
Agigea
39
BABADAG
Capul Midia
NAVODARI
Mihai Scrdrew
CERNAVODA Kogalniceanu
Mihail
2A
E60
22
22B
E87
Viteazu
22D
Horia Nalbant
Ciucurova
Rohman 22A
Topolog
Cerna
E87
Caugagia
22D
2222A
Cimpului Varful
Cracaoani
Praxia
Tarcau
Ghimes-Faget
MIERCUREA CIUC
COMANESTI
INTORSATURA BUZAULUI
Ungureni Maneciu-
E85
29A
15E576 BORSECDedaZimbar
VESTEM
BUCURESTI
TIRNAVENI
MEDIAS
Blajel
Axente Sever
COPSA MICA
15
Criscior 14B74
SEBES
7A PETROSANI
Pui
HATEG
URICANI
Cimpu
Cirnesti E79
66
66
66A
SIMERIA
CALAN
68B DEVA
76
Soimus
ORASTIE
ZLATNA
7
Talmaciu
Obirsia Lotrului Voineasa
BREZOI
7A Malaya
7
E81
E81
Sugag
57C E68
1/7
SIBIU
14
ALBA IULIA
Buru
Albac
BRAD 74
Buces
Arieseni
CIMPENI
Bucium
ABRUD
Lupsa 75
HUEDIN
1 1G
1F
CIMPIA TURZII TURDA
BLAJ
Teius
1 14B
AIUD
Miraslau
E81
14A
Iernut E60
CLUJ NAPOCA
Apahida
E60
Rascruci
Dimbu
Camarasu 16
Hoghiz
RUPEA
Serfall
73A
Bilea Lac
Poienari
7C
CIMPULUNG
Rucar
E574
Voila
Cirtisoara 1
Avrig
E68
FAGARAS
Sinca Veche
1
10 BRASOV
PREDEAL
SINAIA
COMARNIC Moroeni
71
E60
RISNOV
Bran 73A
73
1A
Full
SACELE
GHEORGHE SFINTU
E68 CODLEA
13 E574
Reci
Chichis Prejmer
11
SECUIESC 12
TIRGU
13A
TOPLITE
ODORHEIU SECUIESC
Corund
13A MURES Praid
SIGHISOARA
Singeorgiu
DUMBRAVENI
13
14
Balauseri
E6 0
Lupeni
TIRGU
REGHIN 16
15
15 A to 15
SOVATA
PROM TUSNAD
VLAHITA
Sinmartin
Cozmeni
11B
Sindominic
GHEORGHIENIJoseni
13B 12
12
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12A
BICAZ
Lacu Rosu
12C
VISEU DE SUS
Romuli
MARMATIEIPetea Livada SIGHETU
E81
E58
1C
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Somcul Mare
Surduc
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Sarmasag
Romanasi E8
1 ZALAU
SIMLEU SILVANIEI
1F
Tihau
JIBOU 1H
1H
Supuru de jos
SATU MARE
Ardud
E81
19A
Dorolf
E671
Satulung E671
1C
Seini
1C
Vama
17C
GHERLA
1 71C
DEJ
Gilgau
E58
Rastoci
And 5 7 6
17
Cosbuc
17D
Feresti
BAIA SPRIE
BAIA MARE
18 Mara
Sacel
18
E81/E58
1C HALMY
Mare Tarna
19
Sapinta
from Sus Vicovu
RADAUTI
DORNEI VATRA
E5 76
IacobeniRodna
Prundu Birgaului
SINGEORZ-BAI
17C
BISTRITA
NASAUD
And 5 to 8
17
Borsa
Moisei
17D 18
Cirlibaba
Chiril
Brosteni
17B
Borca 15B
Poiana Largului
15
MOLDOVENESC CIMPULUNG
GURA HUMORULUI
Moldovitei Vatra
Vama
Succevita
17A
And 5 8Ilisesti
17
Marginea 2
SIRET
E85
Grates
29C
E581ROMAN15D
26
HUSI
Falciu
Oancea
Folds
Smirdan
Tulucesti
E581Bretcu
FOCSANI
MARASESTI
2D
Nehoiu
Cislau Ciuta
Siriu
RIMNICU SARAT
10
2D Lepsa
Vidra
25
Independents
Balta Alba22
2
Sendrai
Sarat
BRAILA
Traian
Lacu Movila Miresii
2B
GALATI
Gara Berheci
TECUCI
E85
24
Hanu Conachi
BACAU
Secuieni
15D
2GScorteni
Sanduleni
TIRGU OCNA
Oituz
11
SLANIC MOLDOVA
12B
Darmanesti
MOINESTI
11A
ONESTI
E574 E85
NEAMT PIATRA
BUHUSI
15
Sirbi
BIRLAD
ADJUD
Podu Turcu 11A
24A
26 Murgeni
Zorleni
E581
VASLUI
Vulturesti
15D
Dragomiresti
2F
NEGRESTI
24B
Crasna
ALBITA 24B
ISACCEA
Garvan
MACIN 22
2B
E87
24A
E583/E58
Stanca29B
E583
Stefanesti
TIRGU FRUMOS
Nicolae Balcescu
Miclauseni
PASCANI
Sabaoani
TIRGU NEAMT
Dobreni
15C
15C Ago
Strunga
28
Ruginoasa 28A
BOTOSANI
SUCCEEDED
FALTICENI
29C
29 Rutani E58
HIRLAU
28B
29D
SCULENI
Vinatori
BUCIUM IASI
28
Podu IloaieiE58
24 to 28
Prut Radauti
DARABANI
George Enescu
DOROHOI
29A
Manoleasa
SAVENI Ungureni
29
TULCEA
HIRSOVA
SERBIA SI MUNMONTENEGRU
NATIONAL ROADS REHABILITATION-PROJECTS
TO BE COMPLETED BY 2013
MTCT AND
Stages I-XIII Length = 8260k m Value = 6 489.3 Thousand Euro
3. 31999 L 0062: Directive 1999 /62/CE of the European Parliament and of the Council,
of June 17, 1999 on the application of impositions to heavy duty vehicles of
goods by the use of certain infrastructure (OJ L 187, 7/20/1999, p. 42),
with the last wording given 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
By way of derogation from Article 6 (1) of Directive 1999 /62/CE, the minimum rates of
taxes set out in Annex I to the Directive shall not apply in Romania to the
vehicles that carry out exclusively national transport services
by December 31, 2010.
During that period, the rates to be applied by Romania to such vehicles will achieve
gradually the minimums set out in Annex I to the Directive, in accordance with the
next calendar:
-by January 1, 2007, the fees to be applied by Romania may not be lower
to 60% of the minimum set out in Annex I to the Directive;
-by January 1, 2009, the fees to be applied by Romania may not be lower
to 80% of the minimums set out in Annex I to the Directive.
7. TAXATION
1. 31977 L 0388: Sixth Directive 77 /388/CEE of the Council,
of May 17, 1977, on the harmonisation of the laws of the Member States
relating to taxes on turnover-common system of tax
on the value added: uniform collectible matter (OJ L 145, 6/13/1977, p. 1),
with the last wording given by:
-32004 L 0066: Council Directive 2004 /66/CE of 4/26/2004 (OJ L 168
of 5/1/2004, p. 35).
For the purposes of the application of Article 28 (3) (b) of Directive 77 /388/CEE, the
Romania may continue to exempt from value added tax on transport
internationals of passengers referred to in point 17 of Annex F to the Directive, until
be fulfilled the condition laid down in Article 28 (4) of the Directive or while it is
applied for the same exemption by any of the present Member States, depending on the
that to check out first.
2. 31992 L 0079: Council Directive 92/79/CEE of October 19, 1992,
on the approximation of taxes on cigarettes (OJ L 316, 10/31/1992, p. 8),
with the last wording given by:
-32003 L 0117: Council Directive 2003 /117/CE of 12/5/2003 (OJ L 333
of 12/20/2003, p. 49).
By way of derogation from Article 2 (1) of the 92/79/CEE Directive, Romania may postpone,
by December 31, 2009, the application of the special minimum consumption tax
global that focuses on the selling price to the public (including all taxes) of the
cigarettes from the most sold price class, provided that during that period, proceed to the
gradual adjustment of the rates of their special taxes to the special tax of
global minimum consumption provided for in the Directive.
Without prejudice to Article 8 of the Council Directive 92/12/CEE of February 25
of 1992, concerning the general scheme, detention, movement and controls of products
subject to special consumption taxes 1 and after informed the Commission, the
Member States may, as long as the derogation referred to above, be applicable
quantitative limits identical to those applied to imports from third countries for the
cigarettes that can be introduced into their territories from Romania without
payment of a special supplementary consumption tax. The Member States that
1 OJ L 76, 3/23/1992, p. 1. Directive with the last wording given by the
Regulation (EC) No 807/2003 (OJ L 122, 5/16/2003, p. 36).
opting for this possibility may carry out the necessary controls provided that the
same do not affect the proper functioning of the internal market.
3. 32003 L 0049: Council Directive 2003 /49/CE of June 3, 2003,
on a common tax regime applicable to interest and royalty payments
performed between associated companies of different Member States (OJ L 157
of 06/26/2003, p. 49), with the last wording given by:
-32004 L 0076: Council Directive 2004 /76/CE of 4/29/2004 (OJ L 157
of 4/30/2004, p. 106).
Romania is authorised not to apply the provisions of Article 1 of the
Directive 2003 /49/CE until December 31, 2010. During that transitional period, the
tax rate applicable to the payment of interest and royalties to an associated company
from another Member State or to a permanent establishment located in another State-
-Member of an associated company of a Member State shall not be superior
at 10%.
4. 32003 L 0096: Council Directive 2003 /96/CE of October 27, 2003,
which restructures the Community taxation framework of energy products and of the
electricity (OJ L 283, 10/31/2003, p. 51), with the last wording given to it
by:
-32004 L 0075: Council Directive 2004 /75/CE of 4/29/2004 (OJ L 157
of 4/30/2004, p. 100).
a) By way of derogation from Article 7 of Directive 2003 /96/CE, Romania may apply the
following transient periods:
-until January 1, 2011 to adjust the level of national taxation of the
unleaded petrol used as a fuel at the minimum level of
EUR 359 per 1000 litres. The effective tax rate applicable to gasoline
no lead used as a fuel may not be less than EUR 323
per 1000 litres as of January 1, 2008,
-until January 1, 2013 to adjust the level of national taxation of the
diesel fuel used as a fuel at the minimum level of EUR 330 per 1000
liters. The effective tax rate applicable to diesel fuel used as
fuel may not be less than EUR 274 per 1000 litres
from January 1, 2008 and to EUR 302 per 1000 litres as of January 1
of 2011.
(b) By way of derogation from Article 9 of Directive 2003 /96/CE, Romania may apply the
following transient periods:
-until January 1, 2010 to adjust the level of national gas taxation
natural for purposes of heating in non-professional use at the level
minimum of taxation set out in Annex I, Table C,
-until January 1, 2010 to adjust the level of national taxation of the
heavy fuel oil used for the purpose of district heating at the levels
minimum of taxation set out in Annex I, Table C,
-until January 1, 2009 to adjust the national taxation levels of the
heavy fuel oil used for other purposes at minimum levels of taxation
set out in Annex I, Table C.
The effective tax rate applicable to the heavy fuel oils in question cannot be
lower than EUR 13 per 1000 kg as of January 1, 2007.
c) By way of derogation from Article 10 of Directive 2003 /96/CE, Romania may apply
a transitional period until January 1, 2010 to adjust the level of taxation
national electricity at the minimum levels of taxation set out in the
Annex I, Table C. The effective rates of tax applicable to electricity do not
may be less than 50% of the relevant minimum rate of the Community to be
of January 1, 2007.
8. ENERGY
31968 L 0414: Council Directive 68 /414/CEE of December 20, 1968, which
obliges the EEC Member States to maintain a minimum level of stocks of
crude oil and / or petroleum products (OJ L 308, 12/23/1968, p. 14), with the
last wording that was given by:
-31998 L 0093: Council Directive 98 /93/CE of 12/14/1998 (OJ L 358
of 12/31/1998, p. 100).
By way of derogation from Article 1 (1) of Directive 68 /414/CEE, the minimum level of
stocks of petroleum products is not applicable in Romania until December 31
of 2011. Romania must ensure that its minimum level of stock of products
petroleum products match, for each of the categories of petroleum products
mentioned in Article 2, at least to the average daily domestic consumption, such as
defined in Article 1 (1) of the following number of days:
-68.75 days until January 1, 2007;
-73 days until December 31, 2007;
-77.25 days until December 31, 2008;
-81.5 days until December 31, 2009;
-85.45 days until December 31, 2010;
-90 days until December 31, 2011.
9. ENVIRONMENT
A. AIR QUALITY
31994 L 0063: Directive 94 /63/CE of the European Parliament and of the Council,
of December 20, 1994 on the monitoring of emissions of organic compounds
volatile (VOCs) resulting from the storage of gasolines and their distribution of the
terminals for the service stations (OJ L 365, 12/31/1994, p. 24), with the wording
that was given to him by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
1. By way of derogation from Article 3 and Annex I of Directive 94 /63/CE, the requirements
relative to existing storage facilities in terminals are not
applicable in Romania:
-up to December 31, 2007 to 115 storage facilities in 12
terminals and up to December 31, 2008 to 4 storage facilities
in a terminal with a cargo flow exceeding 25000 tons / year and
less than or equal to 50000 tons / ano;
-up to December 31, 2007 to 138 storage facilities in 13
terminals, up to December 31, 2008 at 57 storage facilities
in 10 terminals and up to December 31, 2009 in 526 facilities of
storage at 63 terminals with a lower or equal load flow
to 25000 tons / year.
2. By way of derogation from Article 4 and Annex II of Directive 94 /63/CE, the requirements
concerning the loading and unloading of existing mobile reservoirs in terminals not
are applicable in Romania:
-up to December 31, 2007 at 36 loading and unloading facilities in 12
terminals with a load flow of more than 25000 tons / year and lower or
equal to 150000 tons / ano;
-up to December 31, 2007 at 82 loading and unloading facilities in 18
terminals, up to December 31, 2008 at 14 loading and unloading facilities
in 11 terminals and up to December 31, 2009 at 114 loading facilities and
discharge in 58 terminals with a load flow lower than or equal to 25000
tons / year.
3. By way of derogation from Article 5 of Directive 94 /63/CE, the requirements relating to
existing mobile reservoirs in terminals are not applicable in Romania:
-by December 31, 2007 to 31 camia-cisterna;
-by December 31, 2008 to 101 more trucks-cisterna;
-until December 31, 2009 to 432 more cistern cams.
4. By way of derogation from Article 6 and Annex III of Directive 94 /63/CE, the requirements
relative to the load of the existing storage facilities of the stations
service are not applicable in Romania:
-by December 31, 2007 to 116 service stations, until December 31
of 2008 a plus 19 service stations and up to December 31, 2009 a
plus 106 service stations with a flow higher than 1000 m 3 /
year;
-by December 31, 2007 to 49 service stations, until December 31
of 2008 a plus 11 service stations and up to December 31, 2009 a
plus 85 service stations with a flow higher than 500 m 3 /
year and lower
or equal to 1000 m 3 /
year;
-by December 31, 2007 to 23 service stations, until December 31
of 2008 a plus 14 service stations and up to December 31, 2009 a
plus 188 service stations with a flow lower than or equal to 500 m 3 /
year.
B. WASTE MANAGEMENT
1. 31993 R 0259: Council Regulation (EEC) No 259/93 of February 1
of 1993, relating to the supervision and control of shipments of waste within, to
entry and exit of the Community (OJ L 30, 2/6/1993, p. 1), with the last wording
that was given to him by:
-32001 R 2557: Commission Regulation (EC) No 2557/2001 of 12/28/2001
(OJ L 349, 12/31/2001, p. 1).
a) Until December 31, 2015, all shipments to Romania of waste
intended for valorisation listed in Annex II to Regulation (EEC)
n. 259/93 shall be notified to the competent authorities and dealt with in the terms
of Articles 6, 7 and 8 of the Regulation.
(b) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the
competent authorities of Romania may, until December 31, 2011,
raising objections to the transfers to Romania, for the purposes of valorisation, of the
waste to be listed below, listed in Annex III, substantiating those
objections in accordance with Article 4 (3) of the Regulation. These transfers
are subject to Article 10 of the Regulation.
AA. WASTE CONTAINING METALS
AA 060 Cinzas and vanadium waste
AA 080 Waste, scrap and thallium wastage
AAA 090 Waste and waste arsenic
AAA 100 Waste and mercury waste
AA 130 Baths arising from the pickling of metals
AB. WASTE CONSISTING MAINLY OF SUBSTANCES
INORGANIC, WHICH MAY CONTAIN METALS AND MATERIALS
ORGANIC
AB 010 Ash and residues not specified or included in other
positions
AB 020 Waste resulting from the incineration of waste
urban/domestic
AB 030 Waste of free cyaneth-free systems from the
treatment of metallic surfaces
AB 040 Waste of glass from cathodic tubes and other
activated glazing
AB 050 Lamas of calcium fluoride
AB 060 Other inorganic fluoride compounds, in the form of
liquids or sludge
AB 080 Catalyst used Catalysts not included in the green list
AB 090 Waste of aluminum hydrates
AB 110 Basic Solutions
AB 120 Composite inorganic halogenated compounds unspecified
nor included in other positions
AC. OTHER WASTE CONSISTING MAINLY OF
ORGANIC SUBSTANCES, WHICH MAY CONTAIN METALS AND
INORGANIC MATTER
AC 040 Lamas of petrol with lead
AC AC 050 Thermal fluids (heat transfers)
AC 060 Hydraulic Fluids
AC 070 Fluids of brakes
AC 080 Antifreeze Fluids
AC AC 090 Waste from production, preparation and from
use of resins, latex, plasticizers, glues and adhesives
AC 100 Nitrocellulose
AC 110 Fenols, phenolated compounds including chlorophenols,
in the form of liquids or sludge
AC 120 Naphthalene polychlorinated
AC AC 140 Triethylamine catalysts used in the preparation of the
arsands of smelting
AC AC 150 Chlorofluorated Hydrocarbons
AC 160 Halons
AC AC 190 Waste of mechanical destruction of cars (fraction
light: plushies, tissues, plastic waste, etc.)
AC AC 200 Organic phosphorus Compounds
AC 210 Solvents not halogenated
AC 220 Solvents halogenated
AC AC 230 Waste of unaqueous distillation, halogenated or not
halogenated, coming from recovery operations of
solvents
AC AC 240 Waste from the production of hydrocarbons
halogenated aliphatic (such as chloromethanes,
dichloroethane, vinyl chloride, vinylidene chloride,
alyl chloride and epichloridrine)
AC 260 Sterco of pig; excrement
AC 270 Lamas of sewage
AD. RESIDUES THAT MAY CONTAIN ORGANIC MATTER OR
INORGANIC
TD AD 010 Waste from the production and preparation of
pharmaceutical products
TD AD 020 Waste from production, preparation and the
use of biocides and plant protection products
TD AD 030 Waste from manufacturing, preparation and
use of chemical preservation products of the
wood
Waste containing, consisting of or contaminated by
one of the following substances:
AD 040-Inorganic cyanides, with the exception of
waste of precious metals in solid form
containing vestiges of inorganic cyanides
AD 050-Organic cyanides
AD 080 Waste of explosive character not subject to one another
legislation
AD 110 acidic solutions
AD 120 Ionic permute Resins
Photo AD 130 Photographic disposable photos after use, with
stacks
TD AD 140 Waste from industrial plants of
debugging of gaseous effluents not specified or
included in other positions
AD 150 Natural occurrence organic Matters used as
filtrant means (such as biofilters)
AD 160 Urban / domestic waste
AD 170 Charcoal activated used with hazardous characteristics
coming from the organic chemicals industries
and inorganic and the pharmaceutical industry, of the treatment
of the waste water, the air / gas cleaning processes
and of analogous applications
This period may be extended until December 31, 2015 at the latest, in the
terms of Article 18 of Council Directive 75 /442/CEE of July 15
of 1975, concerning waste 1 , as the wording was given by the
Directive 91 /156/CEE 2 .
c) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the
competent authorities of Romania may, until December 31, 2011,
raising objections to the transfers to Romania of waste destined for
valorisation listed in Annex IV of the Regulation and the transfers of
waste destined for valorisation not listed in the Annexes to the Regulation,
substantiating such objections in accordance with Article 4 (3) of the Regulation.
This period may be extended until December 31, 2015 at the latest, in the
terms of Article 18 of Council Directive 75 /442/CEE of July 15
of 1975, concerning waste 3 , as the wording was given by the
Directive 91 /156/CEE 4 .
d) By way of derogation from Article 7 (4) of Regulation (EEC) No 259/93, the
competent authorities in Romania may raise objections to the transfers
of residues intended for valorisation listed in Annexes II, III and IV of the
regulation and shipments of waste destined for valorisation do not
1 OJ L 194, 7/25/1975, p. 39. Directive with the last wording given by the
Regulation (EC) No 1882/2003 (OJ L 284, 10/31/2003, p. 1). 2 OJ L 78, 3/26/1991, p. 32.
3 OJ L 194, 7/25/1975, p. 39. Directive with the last wording given by the
Regulation (EC) No 1882/2003 (OJ L 284, 10/31/2003, p. 1). 4 OJ L 78, 3/26/1991, p. 32.
listed in these Annexes for an installation that benefits from a derogation
temporary in relation to certain provisions of Directive 96 /61/CE of the
Council, of September 24, 1996, on integrated prevention and control
from pollution 1 , of Directive 2000 /76/CE of the European Parliament and of the Council,
of December 4, 2000, concerning the incineration of waste 2 or from the
Directive 2001 /80/CE of the European Parliament and of the Council of October 23
of 2001, concerning the limitation of emissions to the atmosphere of certain pollutants
coming from large combustion plants 3 , during the period of
application of the temporary derogation to the target facility.
2. 31994 L 0062: Directive 94 /62/CE of the European Parliament and of the Council,
of December 20, 1994, concerning packaging and packaging waste (OJ L 365
of 12/31/1994, p. 10), with the last wording given by:
-32004 L 0012: Directive 2004 /12/CE of the European Parliament and of the Council,
of 2/11/2004 (OJ L 47, 2/18/2004, p. 26).
a) By way of derogation from point (a) of Article 6 (1) of Directive 94 /62/CE, the
Romania must reach the global rate of valorisation or incineration in facilities
of incineration of waste with energy recovery by December 31
of 2011, in accordance with the following intermediate objectives:
-32% in weight up to December 31, 2006, 34% in 2007, 40% in 2008,
45% in 2009 and 48% in 2010.
b) By way of derogation from point (b) of Article 6 (1) of Directive 94 /62/CE, the
Romania must reach the global rate of valorisation or incineration in facilities
of incineration of waste with energy recovery by December 31
of 2013, in accordance with the following intermediate objectives:
1 OJ L 257, 10/10/1996, p. 26. Directive with the last wording given by the
Regulation (EC) No 1882/2003 of the European Parliament and the Council (OJ L 284
of 10/31/2003, p. 1). 2 OJ L 332, 12/28/2000, p. 91.
3 OJ L 309, 11/27/2001, p. 1. Directive with the last wording given by the Act
of Accession of 2003 (OJ L 236, 9/23/2003, p. 33).
-53% in weight in 2011 and 57% in 2012.
c) By way of derogation from point (c) of Article 6 (1) of Directive 94 /62/CE, the
Romania must achieve the recycling target for plastics
by December 31, 2011, in accordance with the following intermediate objectives:
-8% in weight up to December 31, 2006, 10% in 2007, 11% in 2008,
12% in 2009 and 14% in 2010.
d) By way of derogation from point (d) of Article 6 (1) of Directive 94 /62/CE, the
Romania to meet the global recycling target by December 31
of 2013, in accordance with the following intermediate objectives:
-26% in weight up to December 31, 2006, 28% in 2007, 33% in 2008,
38% in 2009, 42% in 2010, 46% in 2011 and 50% in 2012.
e) By way of derogation from point (e) (i)) of Article 6 (1) of Directive 94 /62/CE, the
Romania to achieve recycling target for glass by December 31
of 2013, in accordance with the following intermediate objectives:
-21% in weight up to December 31, 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 Article 6 (1) of the Directive 94 /62/CE, the
Romania should achieve the recycling target for plastics by counting
exclusively the material that is recycled in the form of plastics,
by December 31, 2013, in accordance with the following intermediate objectives:
-16% in weight in 2011 and 18% in 2012.
g) By way of derogation from point (e) (v) of Article 6 (1) of Directive 94 /62/CE, the
Romania must achieve the recycling target for wood
by December 31, 2011, in accordance with the following intermediate objectives:
-4% in weight up to December 31, 2006, 5% in 2007, 7% in 2008, 9%
in 2009 and 12% in 2010.
3. 31999 L 0031: Council Directive 1999 /31/CE of April 26, 1999,
on the deposition of waste in landfillages (OJ L 182, 7/16/1999, p. 1), with the
wording that was given to it by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
a) By way of derogation from Article 14 (c) and sections 2, 3, 4 and 6 of Annex I to
Directive 1999 /31/CE, and without prejudice to Council Directive 75 /442/CEE, of
July 15, 1975, concerning waste 1 , and of the Directive 91 /689/CEE of the
Council, of December 12, 1991, on hazardous waste 2 , the
requirements for water monitoring and leaching management, protection of the
soil and water, control of gases and stability shall not be applicable to 101 landfill
urban existing in Romania until July 16, 2017.
Romania must ensure a gradual reduction of deposited waste
in these 101 existing urban landfilings non-compliant according to the following
maximum annual quantities:
by December 31, 2006: 3470000 tonnes;
by December 31, 2007: 3240000 tonnes;
by December 31, 2008: 2920000 tonnes;
by December 31, 2009: 2920000 tonnes;
by December 31, 2010: 2900000 tonnes;
by December 31, 2011: 2740000 tonnes;
by December 31, 2012: 2460000 tonnes;
by December 31, 2013: 2200000 tonnes;
1 OJ L 194, 7/25/1975, p. 39. Directive with the wording that was given to it by the
Directive 91 /156/CEE and with the last wording given by the Regulation (EC)
n. 1882/2003 (OJ L 284, 10/31/2003, p. 1). 2 OJ L 377, 12/31/1991, p. 20. Directive with the last wording that was given by the
Directive 94 /31/CE (OJ L 168, 7/2/1994, p. 28).
by December 31, 2014: 1580000 tonnes;
by December 31, 2015: 1420000 tonnes;
by December 31, 2016: 1210000 tons.
(b) by way of derogation from points (a) and (b) of Article 5 (3) and the second indent of the
point 2 of Annex I to Directive 1999 /31/CE and without prejudice to (c) (ii) of the
article 6 of that Directive and of Directive 75 /442/CEE, the applicable requirements
to liquid, corrosive and oxidizing waste in the prevention of the
infiltration of surface water into the deposited waste is not applicable in the
Romania to the 23 existing facilities listed below to the date indicated for
each installation:
Until December 31, 2007:
1. S.C. BEGA UPSOM Ocna Mureş, Ocna Mureş, Alba district
Until December 31, 2008:
2. S.C. TERMOELECTRICA SA-SE Doiceşti, Doiceşti, district of
Dâmboviţa
3. S.C. COMPLEXUL ENERGETIC ROVINARI SA, Cicani-Beterega,
district of Gorj
4. RAAN Drobeta-Turnu Severin-Branch ROMAG-TERM, Drobeta-
Turnu Severin, district of Mehedinţi
Until December 31, 2009:
5. COMPLEXUL ENERGETIC CRAIOVA-SE Craiova, Valea Mănăstirii,
district of Dolj
6. COMPLEXUL ENERGETIC CRAIOVA-SE Işalniţa, Işalniţa II, district
from Dolj
7. COMPLEXUL ENERGETIC CRAIOVA-SE Işalniţa, Işalniţa I, district
from Dolj
8. S.C. ELECTROCENTRALE DEVA SA-SE Paroşeni, Căprişoara, district
of Hunedoara
9. S.C. TERMICA SA Succeeded, Succeeded, District of Suceava
Until December 31, 2010:
10. S.C. ELECTROCENTRALE DEVA SA, Bejan, Hunedoara district
11. S.C. ALUM Tulcea, Tulcea, District of Tulcea
Until December 31, 2011:
12. S.C. UZINA TERMOELECTRICĂ GIURGIU SA, Giurgiu, district of
Giurgiu
Until December 31, 2012:
13. CET Bacău, Furnicari-Bacău, Bacău
14. S.C. COMPLEXUL ENERGETIC TURCENI, Valea Ceplea, District of
Gorj
15. S.C. COMPLEXUL ENERGETIC TURCENI, Valea Ceplea, District of
Gorj
16. S.C. UZINELE SODICE Govora, Govora, District of Vâlcea
17. S.C. CET Govora SA, Govora, District of Vâlcea
Until December 31, 2013:
18. S.C. CET Arad, Arad, district of Arad
19. S.C. ELECTROCENTRALE ORADEA SA, Sântaul Mic, district of
Bihor
20. S.C. ELECTROCENTRALE ORADEA SA, Sântaul Mic, district of
Bihor
21. S.C. ELECTROCENTRALE ORADEA SA, Sântaul Mic, district of
Bihor
22. CET II Iaşi, Holboca, district of Iaşi
23. S.C. Uzina Electrică Zalău, Hereclean-Panic, Sălaj district
Romania should ensure a gradual reduction of the net waste deposited
in these 23 existing non-compliant facilities in accordance with the following
maximum annual quantities:
-until December 31, 2006: 11286000 tonnes;
-until December 31, 2007: 11286000 tonnes;
-until December 31, 2008: 11120000 tonnes;
-until December 31, 2009: 7753000 tonnes;
-until December 31, 2010: 4803000 tonnes;
-until December 31, 2011: 3492000 tonnes;
-until December 31, 2012: 3478000 tonnes;
-until December 31, 2013: 520000 tons.
c) By way of derogation from points (a) and (b) of Article 5 (3) and the second indent of the
point 2 of Annex I to Directive 1999 /31/CE and without prejudice to (c) ii)
of that directive and of Directive 75 /442/CEE, the requirements for waste
liquids, corrosive and oxidants in the prevention of water infiltration
superficial in the deposited waste is not applicable in Romania to the 5 basins
existing listed up to the date indicated for each basin:
Until December 31, 2009:
1. Border IŢA Ştei, Fânaţe, Bihor district
Until December 31, 2010:
2. TRANSGOLD Baia Mare, Aurul-Recea, District of Maramureş
3. MINBUCOVINA Vatra Dornei, Ostra-Valea Straja, Suceava district
Until December 31, 2011:
4. CUPRUMIN Abrud, Valea Şesei, Alba district
5. CUPRUMIN Abrud, Valea Ştefancei, district of Alba.
Romania should ensure a gradual reduction of the net waste deposited
in these 5 existing basins non-compliant according to the following quantities
annual highs:
-until December 31, 2006: 6370000 tonnes;
-up to December 31, 2007: 5920000 tons (of which 2100000
tons of hazardous waste and 3820000 tons of waste no
dangerous);
-up to December 31, 2008: 4720000 tons (of which 2100000
tons of hazardous waste and 2620000 tons of waste no
dangerous);
-up to December 31, 2009: 4720000 tons (of which 2100000
tons of hazardous waste and 2620000 tons of waste no
dangerous);
-up to December 31, 2010: 4640000 tons (of which 2100000
tons of hazardous waste and 2540000 tons of waste no
dangerous);
-until December 31, 2011: 2470000 tonnes (all from waste no
dangerous).
d) By way of derogation from the second indent of Article 2 (g) of the
Directive 1999 /31/CE and without prejudice to Directive 75 /442/CEE and of the
Directive 91 /689/CEE, the permanent installations used for storage
temporary waste of hazardous waste produced in Romania is not considered
landfilts in Romania until December 31, 2009.
Romania shall submit to the Commission, by June 30 of each year, to
of June 30, 2007, a report on the gradual implementation of the Directive and the
compliance with these intermediate objectives.
4. 32002 L 0096: Directive 2002/96/CE of the European Parliament and of the Council,
of January 27, 2003 on waste electrical equipment and
electronic (WEEE) (OJ L 37, 2/13/2003, p. 24), amended by:
-32003 L 0108: Directive 2003 /108/CE of the European Parliament and of the Council,
of 12/8/2003 (OJ L 345, 12/31/2003, p. 106).
By way of derogation from Article 5 (5) and Article 7 (2) of the Directive 2002/96/CE, the
Romania shall achieve the minimum separate collection rate of four kilograms in
average, per capita and per year, of REEE coming from private individuals, the rate of
valorisation and the rate of reuse and recycling of components, materials and
substances until December 31, 2008.
C. QUALITY OF WATER
1. 31983 L 0513: Council Directive 83 /513/CEE of September 26, 1983,
on limit values and quality targets for discharges of cadmium
(OJ L 291, 10/24/1983, p. 1), as amended by:
-31991 L 0692: Council Directive 91 /692/CEE of 12/23/1991 (OJ L 377
of 12/31/1991, p. 48);
31984 L 0156: Council Directive 84 /156/CEE of March 8, 1984 on the
limit values and quality targets for discharges of mercury from sectors
that not that of the electrolysis of alkali chlorides (OJ L 74, 3/17/1984, p. 49), with the
wording that was given to it by:
-31991 L 0692: Council Directive 91 /692/CEE of 12/23/1991 (OJ L 377
of 12/31/1991, p. 48).
By way of derogation from Article 3 and Annex I of Directive 83 /513/CEE and of Article 3 and of the
Annex I to Directive 84 /156/CEE, the limit values for discharges of cadmium and of
mercury in the waters referred to in Article 1 of the Council Directive 76 /464/CEE of 4
of May 1976, concerning pollution caused by certain hazardous substances
launched in the aquatic environment of the Community 1 , they are not applicable in Romania,
by December 31, 2009, at the following industrial facilities:
ARIEŞMIN SA Baia de Arieş-Valea Sărtaş-Baia de Arieş-Alba district
ARIEŞMIN SA Baia de Arieş-Baia de Arieş-Alba district
IN TURUR-Turdistrict-district of Satu Mare
SM BAIA BORŞA-evacuare ape of mină Gura Băii -Borşa-district of Maramureş
SM BAIA BORŞA-evacuare ape of mină Burloaia-Borşa-district of Maramureş
SM BAIA BORŞA-evacuare Colbu-Toroioaga-Borşa-district of Maramureş
IN BAIA SPRIE-Baia Sprie-district of Maramureş
1 OJ L 129, 5/18/1976, p. 23. Directive with the last wording that was given by the
Directive 2000 /60/CE of the European Parliament and the Council (OJ L 327, 12/22/2000,
p. 1).
IN CAVNIC-Cavnic-district of Maramureş
IN Bİ IUure-Băiumeric-district of Maramureş
S.C. Romplumb SA BAIA MARE-evacuare în canal de.transport-Baia Mare-district
from Maramureş
BRANCH MINIERĂ BAIA MARE-flotaţie centrală-Baia Mare-district of
Maramureş
SM BAIA BORŞA-evacuare ape flotaţie-Borşa-district of Maramureş
Romarm Tohan Zărneşti-Zărneşti-district of Braşov
S.C. Viromet SA Victoria-Victoria-Braşov
S.C. Electrocarbon SA Slatina-R 1-Slatin-Olt district
S.C. Electrocarbon SA Slatina-R 2-Slatin-Olt district
S.C. Electrocarbon SA Slatina-R 3-Slatin-Olt district
S.C. Electrocarbon SA Slatina-R 4-Slatin-Olt district
S.C. Electrocarbon SA Slatina-R 5-Slatin-Olt district
S.C. Electrocarbon SA Slatina-R 6-Slatin-Olt district
S.C. Electrocarbon SA Slatina-R 7-Slatin-Olt district
S.C. GECSAT Târnăveni-Târnăveni-district of Mureş
SGDP BAIA BORŞA-Borşa-district of Maramureş
SPGC SEINI-Seini-district of Maramureş
S.C. VITAL BAIA MARE-evacuare staţie-Baia Mare-district of Maramureş
S.C. IMI SA BAIA MARE-evacuare staţie mina Ilba-Baia Mare-district of
Maramureş
S.C. WEST CONSTRUCT MINA SOCEA-Valea Socea-District of Maramureş
2. 31984 L 0491: Council Directive 84 /491/CEE of October 9, 1984,
on the limit values and quality objectives for discharges of
hexaclorocyclohexane (OJ L 274, 10/17/1984, p. 11), as amended to be given
by:
-31991 L 0692: Council Directive 91 /692/CEE of 12/23/1991 (OJ L 377
of 12/31/1991, p. 48).
By way of derogation from Article 3 and Annex I of Directive 84 /491/CEE, the limit values
for discharges of lindane in the waters referred to in Article 1 of Directive 76 /464/CEE,
of May 4, 1976, concerning pollution caused by certain substances
dangerous launched in the aquatic environment of the Community 1 , they are not applicable in Romania,
by December 31, 2009, at the following industrial facilities:
S.C. Sinteza SA Oradea-Oradea-district of Bihor
S.C. OLTCHIM SA Râmnicu Vâlcea-Râmnicu Vâlcea-district of Vâlcea
S.C. CHIMCOMPLEX SA Borzeşti-Borzeşti-district of Bacău
3. 31986 L 0280: Council Directive 86 /280/CEE of June 12, 1986,
on limit values and quality objectives for discharges of certain
hazardous substances included in Schedule I to the Annex to Directive 76 /464/CEE (OJ L 181
of 7/4/1986, p. 16), with the last wording given by:
-31991 L 0692: Council Directive 91 /692/CEE of 12/23/1991 (OJ L 377
of 12/31/1991, p. 48).
By way of derogation from Article 3 and Annex II of Directive 86 /280/CEE, the limit values
for the discharges of hexaclorobenzene, hexachlorobutadiene, 1.2-dichloroethane,
trichloroethylene and trichlorobenzene in the waters referred to in Article 1 of the
Council Directive 76 /464/CEE of May 4, 1976 on pollution caused
by certain hazardous substances launched in the aquatic environment of the Community 2 ,
are not applicable in Romania, until December 31, 2009, at the following facilities
industrial:
S.C. NUTRISAM SATU MARE-Ferma MOFTIN-Satu Mare-district of Satu Mare
S.C. MARLIN SA ULMENI-Ulmeni-district of Maramureş
S.C. PROMET-Satu Mare-district of Maramureş
ARDUDANA ARDUD-Ardud-district of Maramureş
SM BAIA BORŞA-evacuare ape of mină Gura Băii-Borşa-district of Maramureş
1 OJ L 129, 5/18/1976, p. 23. Directive with the last wording that was given by the
Directive 2000 /60/CE of the European Parliament and of the Council (OJ L 327, 12/22/2000,
p. 1). 2 OJ L 129, 5/18/1976, p. 23. Directive with the last wording that was given by the
Directive 2000 /60/CE of the European Parliament and of the Council (OJ L 327, 12/22/2000,
p. 1).
SM BAIA BORŞA-evacuare Colbu-Toroioaga-Borşa-district of Maramureş
ERS CUG CLUJ-evacuare 3 -Cluj -Napoca-Cluj district
S.C. ARMĂTURA CLUJ-6 evacuări directe-district of Cluj-Napoca-Cluj
BRANCH MINIERĂ BAIA MARE-flotaţie centrală-Baia Mare-district of
Maramureş
S.C. OLTCHIM SA-Râmnicu Vâlcea-district of Vâlcea
S.C. CHIMCOMPLEX SA Borzeşti-M 1-Borzeşti-district of Bacău
S.C. Electrocarbon SA Slatina-R 2-Slatin-Olt district
S.C. THERAPY CLUJ-evacuare staţie 3 + staţie 2-Cluj -Napoca-Cluj district
S.C. PHOENIX ROMANIA CAREI-Carei-district of Satu Mare
S.C. SILVANIA ZALĂU-Zalău-district of Sălaj
SNP PETROM SA-ARPECHIM Piteşti-Piteşti-Argeş district
S.C. TEHNOFRIG CLUJ-evacuare 1-Cluj -Napoca-Cluj district
RBG ELCOND ZALCOMU-Zalău-Sălaj district
S.C. MUCART CLUJ-Cluj -Napoca-Cluj district
S.C. CELHART DONARIS SA Brăila-Brăila-district Brăila
STRATUS MOB SA Blaj-Blaj-Alba district
4. 31991 L 0271: Council Directive 91 /271/CEE of May 21, 1991,
on the treatment of urban waste water (OJ L 135, 5/30/1991, p. 40), with the
last wording that was given by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
By way of derogation from Articles 3 and 4 and Article 5 (2) of Directive 91 /271/CEE, the
requirements for collectors systems and treatment of urban waste water
are not fully applicable in Romania until December 31, 2018, according to
the following intermediate objectives:
-by December 31, 2013, compliance with Article 3 shall be achieved.
of the Directive in agglomerations with an equivalent of higher population
to 10000;
-by December 31, 2015, compliance with paragraph 2 shall be achieved.
article 5 of the Directive in agglomerations with an equivalent of population
higher than 10000.
Romania should ensure a gradual increase in the manifold systems provided for in the
article 3 in accordance with the following minimum rates of the total population equivalent:
-61% until December 31, 2010,
-69% until December 31, 2013,
-80% until December 31, 2015.
Romania should ensure a gradual increase in water treatment plants
waste provided for in Article 4 and in Article 5 (2) according to the following fees
lows of the total population equivalent:
-51% until December 31, 2010,
-61% until December 31, 2013,
-77% until December 31, 2015.
5. 31998 L 0083: Council Directive 98 /83/CE of November 3, 1998,
on the quality of water intended for human consumption (OJ L 330, 12/5/1998,
p. 32), with the wording that was given by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
By way of derogation from Article 5 (2), of Article 8 and of Parts B and C of Annex I of the
Directive 98 /83/CE, the values set for the following parameters are not fully
applicable to Romania under the conditions set out below:
-until December 31, 2010 for the oxidability in agglomerations between 10000
and 100000 inhabitants;
-until December 31, 2010 for oxidability and turvation in agglomerations
between 10000 and 100000 inhabitants;
-until December 31, 2010 for the oxidability, ammonium, aluminium, the
pesticides; iron and manganese in agglomerations with more than 100000
inhabitants;
-until December 31, 2015 for ammonium, nitrates, turvation, aluminium, the
iron, lead, cadmium and pesticides in agglomerations with less than 10000
inhabitants;
-until December 31, 2015 for ammonium, nitrates, aluminium, iron, the
lead, cadmium, pesticides and manganese in agglomerations between 10000
and 100000 inhabitants.
Romania must ensure compliance with the requirements of the Directive in accordance with
the intermediate objectives shown in the table below:
Localities complying until December 31, 2006
Population linked Total of
locality
s
Oxidabilty
from
%
Amóni
the
%
Nitrate
s
%
Turvaç
on
%
Aluminium
%
Ferr
the
%
Cdmi,
Chumb
the
%
Pesticides
%
Mangan
ese
%
<10000 1774 98.4 99 95.3 99.3 99.2 99.9 99.9 100 100
10000-100000111 73 59.5 93.7 87 83.8 98.2 93.4 96.4 96.4
100001-200000 14 85.7 92.9 100100 92.9 78.6 92.9 92.9
> 200000 9 77.8 100100100 88.9 100 88.9 88.9 88.9
TOTAL 1908 96.7 96.7 95.2 98.64 98.64 99.8 99.4 99.7 99.7
Localities complying until the end of 2010
Population linked Total of
locality
s
Oxidabilty
from
%
Amóni
the
%
Nitrate
s
%
Turvaç
on
%
Aluminium
%
Ferr
the
%
Cadmium
,
Chumb
the
%
Pesticides
%
Mangan
ese
%
<10000 1774100 99.5 97.7 99.7 99.7 99.9 99.9 100 100
10000-100000111100 80.2 97.3 100 94.6 90 96.4 96.4 96.4
100001-200000 14100100100100100100100100100
> 200000 to 9100100100100100100100100100
TOTAL 1908 100 98.32 97.7 99.7 99.4 99.8 99.7 99.7 99.7
This derogation is not applicable to drinking water intended for food processing.
D. INDUSTRIAL POLLUTION AND RISK MANAGEMENT
1. 31996 L 0061: Council Directive 96 /61/CE of September 24, 1996,
on the integrated prevention and control of pollution (OJ L 257, 10/10/1996, p. 26),
with the last wording given by:
-32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the
Council, of 9/29/2003 (OJ L 284, 10/31/2003, p. 1).
By way of derogation from Article 5 (1) of Directive 96 /61/CE, the requirements in respect of
granting of licences to existing facilities are not applicable in Romania, to date
indicated for each installation, the facilities listed below, as far as the
obligation to exploit such facilities in accordance with emission limit values,
parameters or equivalent technical measures based on the best techniques
available, pursuant to Article 9 (3) and (4):
Until December 31, 2008:
1. S.C. CARBID FOX SA Târnăveni (main activity 4.2)
2. S.C. AVICOLA SA Ferma Gârleni-Bacău (main activity 6.6 a))
3. S.C. EXPERT 2001 IMPEX SRLBistriţa-Năsăud (main activity 6.6)
Until December 31, 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 Neammunicipalities (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-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-Ialomiţa (activity
main 6.6 a)
Until December 31, 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 (activity
main 4.1)
31. S.C. LETEA SA Bacău (main activity 6.1 a)
32. S.C. ZAHeart R Corabia SA-Olt (main activity 6.4 b)
33. S.C. TARGO SRL Timiş (main activity 6.4)
34. S.C. SUINPROD Roman-Neammunicipalities (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-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 Maré-Maramureş (main activity 2.5)
Until December 31, 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 Romania SA Argeş (main activity 3.1)
53. S.C. RESIAL SA Alba (main activity 3.5)
54. SOCIETATEA NATIONALĂ A PETROLULUI PETROM SA Branch
Craiova, Combinatul Doljchim-Dolj (main activities 4.2, 4.1)
55. S.C. USG SA Vâlcea (main activity 4.2 d)
56. S.C. ULTEX SA's Border ăndărei-Ialomiţa (main activity 6.4 b)
57. S.C. CARMOLIMP SRL Viştea from 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 (activity
main 6.6 b)
61. S.C. SUINPROD SA Bilciureşti-Dâmboviţa (main activity 6.6)
62. S.C. COMPLEXUL DE PORCI Brăila SA Baldovineşti -Brăila (activity
main 6.6 b)
63. S.C. COMPLEXUL DE PORCI Brăila SA Tichileşti-Brăila (activity
main 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 (activity
main 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 Oltenite Olteniţa -Călăraşi (main activity 6.6 b)
71. S.C. PIGALEX SA Alexandria-Teleorman (main activity 6.6 b)
72. S.C. PIC ROMANIA SRL Vasilaţi -Călăraşi (main activity 6.6 c)
73. S.C. SUINTEST SAFierbinţi -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 December 31, 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 (activity
main 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 SA Deva, Exploatarea minieră
Deva-Hunedoara (main activity 2.5)
84. S.C. MONDIAL SA Lugoj-Timiş (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 Neamsters (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. TABACO-CAMPOFRIO SA Tulcea (main activity 6.4 a)
91. S.C. AVICOLA SA Slobozia Ferma Ion Ghica-Ialomiţa (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-Timiş (main activity 6.6
b)
97. S.C. COMTIM GROUP SRL Ferma Periam-Timiş (main activity 6.6 b)
98. S.C. COMTIM GROUP SRL Ferma Ciacova-Timiş (main activity 6.6 b)
99. S.C. AVICOLA LUMINA SA-Constanţa (main activity 6.6 a)
Until December 31, 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.C. LAFARGE ROMCIM SA Medgidia-Constanţa (activity
main 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 Succeeding SA-Succeeded (main activity 6.1 a, b)
110. S.C. ROMSUIN TEST Periş SA-Ilfov (main activity 6.6 a)
111. S.C. NUTRICOD Codlea Branch Stroom Tu Gheorghe-Covasna (activity
main 6.6 b)
112. S.C. HADITON GRUP SRL Argeş (main activity 6.6 a)
Until December 31, 2014:
113. S.C. PETROM SA Rafinăria PETROBRAZI-Prahova (activity 1.2)
114. S.C. RAFINAN RIA ASTRA ROMANĂ 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 May 1 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-Braşov (main activity 3.1)
139. S.C. MELANA IV SA NeamSnowy (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-Neamples (main activity 4.2)
144. S.C. UZINA DE PRODUSE SPECIALE Făgăraş SA Braşov (activity
main 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 Neammunicipalities (main activity 6.4 b)
153. S.C. ZAHĞRUL Romanesc SA's SA's ăndărei -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 (activity
main 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 (activity
main 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 (activity
main 6.6 a)
166. S.C. OLTCHIM SA Râmnicu Vâlcea Ferma Băbeni Mihăieşti-Vâlcea (activity
main 6.6 a)
167. S.C. OLTCHIM SA Râmnicu Vâlcea Ferma 2 Frănceşti -Vâlcea (activity
main 6.6 a)
168. S.C. OLTCHIM SA Râmnicu Vâlcea Ferma Băbeni-Vâlcea (activity
main 6.6 a)
169. S.C. AVICOLA Bucureşti SA Sucursala Cluj-Sălişte-Cluj (activity
main 6.6 a)
170. S.C. AVICOLA Bucureşti SA Sucursala CSHD Codlea-Braşov (activity
main 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-Dâmboviţa
(main activity 6.6 a)
175. S.C. EUROPIG SA Poiana Mărului-Braşov (main activity 6.6 b)
176. S.C. SUINPROD SA Leaders-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 December 31, 2015:
182. S.C. RAFINAN RIA STEAUA ROMANĂ SA Clamp-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 Neammunicipalities (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-Braşov (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 Neameland (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-Braşov (main activity 6.5)
195. S.C. PROTAN SA-Cluj (main activity 6.5)
Prior to October 30, 2007, fully coordinated licences should be issued
for these facilities, with individually binding calendars for achieving
of full compliance. Such licences shall ensure, by October 30, 2007, the
compliance with the general principles of the fundamental obligations of operators
set out in Article 3 of the Directive.
2. 32000 L 0076: Directive 2000 /76/CE of the European Parliament and of the Council,
of December 4, 2000 on the incineration of waste (OJ L 332, 12/28/2000,
p. 91).
By way of derogation from Article 6 (1) of Article 7 and Article 11 of the Article
Directive 2000 /76/CE, the emission limit values and the requirements of the measurements do not
are applicable in Romania until December 31, 2007 to 52 waste incinerators
doctors and until December 31, 2008 to 58 medical waste incinerators.
Romania shall submit to the Commission, by the end of the first quarter of each year,
as of March 30, 2007, a report on the closure of the facilities of
thermal treatment of non-compliant hazardous waste and on the quantities of
medical waste treated in the previous year.
3. 32001 L 0080: Directive 2001 /80/CE of the European Parliament and of the Council,
of October 23, 2001, concerning the limitation of emissions to the atmosphere of certain
pollutants from large combustion plants (OJ L 309, 11/27/2001,
p. 1), 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, of the Republic of Lithuania, of the Republic of Hungary, of the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic (OJ L 236, 9/23/2003, p. 33).
a) By way of derogation from Article 4 (3) and Part A of Annexes III and IV of the
Directive 2001 /80/CE, the emission limit values for sulphur dioxide no
are applicable in Romania to the following facilities up to the date indicated for each
installation:
Until December 31, 2008:
S.C. ELECTROCENTRALE DEVA SA No. 1, 4 electric boilers x 264 MWth
Until December 31, 2009:
S.C. THERMOELECTRICA SE DOICEŞTI No 1, 1 steam boiler x 470 MWth
Until December 31, 2010:
S.C. COMPLEXUL ENERGETIC CRAIOVA S.E. CRAIOVA II-n. 1, 2
boilers x 396.5 MWth
S.C. COMPLEXUL ENERGETIC TURCENI SA No. 2, 2 electric boilers
x 789 MWth
S.C. COMPLEXUL ENERGETIC TURCENI SA No. 3, 2 electric boilers
x 789 MWth
S.C. THERMOELECTRICA SE PAROŞENI No 2, 1 steam boiler Benson x 467
MWth + 1 hot water boiler x 120 MWth
RAAN, BRANCH ROMAG TERM n No. 2, 3 boilers x 330 MWth
S.C. COLTERM SA n. 7, 1 hot water boiler x 116 MWth
Until December 31, 2011:
CET ARAD n. 2, 2 industrial steam boilers x 80 MWth
S.C. COMPLEXUL ENERGETIC CRAIOVA S.E. CRAIOVA II-n. 2, 2 CAF
x 116 MWth + 2 x CR 68 MWth
S.C. COMPLEXUL ENERGETIC ROVINARI SA n. 2, 2 steam boilers
x 879 MWth
S.C. THERMOELECTRICA GIURGIU No 1, 3 energy steam boilers x 285
MWth
S.C. ELECTROCENTRALE DEVA SA No. 2, 4 electric boilers x 264 MWth
S.C. PETROTEL-LUKOIL SA n. 1, 2 DAV3 + HPM 1 x 45 MWth + 14.7 MWth
+ 11.4 MWth
S.C. PETROTEL-LUKOIL SA No. 2, 3 technological steam boilers x 105.5
MWth
S.C. C.E.T. GOVORA n. 3, 1 boiler x 285 MWth
Until December 31, 2012:
CET BACAU BACĂU n ° 1, 1 steam boiler x 343 MWth
S.C. ELCEN BUCUREŞTI VEST n. 1, 2 steam boilers x 458 MWth
S.C. COMPLEXUL ENERGETIC CRAIOVA S.E. IŞALNIŢA, 4 broilers x 473
MWth
Until December 31, 2013:
CET ARAD n. 1, 1 steam boiler x 403 MWth
S.C. ELECTROCENTRALE ORADEA SA n. 2, 2 groups of steam boilers
x 300 MWth + 269 MWth
S.C. THERMOELECTRICA SA, BRANCHES 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 n. 1, 4 steam boilers x 287 MWth
S.C. ELCEN BUCUREŞTI SUD n. 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 n. 1, 2 steam boilers
x 878 MWth
S.C. ELECTROCENTRALE DEVA SA No. 3, 4 electric boilers x 264 MWth
S.C. C.E.T. IAŞI II II, 2 steam boilers x 305 MWth
S.C. UZINA ELECTRICĂ ZALĂU n No. 1, 4 industrial steam boilers x 85.4
MWth
S.C. TERMICA S. A SUCCEEDING No. 1, 2 boilers x 296 MWth
S.C. COLTERM SA n. 5, 1 hot water boiler x 116.3 MWth
S.C. COLTERM SA n. 6, 3 steam boilers x 81.4 MWth
S.C. C.E.T. GOVORA n. 2, 2 boilers x 285 MWth
During this transitional period, emissions of sulphur dioxide from
of all combustion plants that comply with the provisions of the
Directive 2001 /80/CE shall not exceed the following maximum limits
intermediate:
Up to 2007: 540000 tonnes of SO2 / year;
Up to 2008: 530000 tonnes of SO2 / year;
Up to 2010: 336000 tonnes of SO2 / year;
Up to 2013: 148000 tons of SO2 / year.
b) By way of derogation from Article 4 (3) and Part A of Annex VI of the
Directive 2001 /80/CE, the emission limit values for nitrogen oxide are not
applicable in Romania to the following facilities up to the date indicated for each
installation:
Until December 31, 2008:
S.C. ARPECHIM PITEŞTI n ° 2, 1 boiler BW x 81 MWth
S.C. ARPECHIM PITEŞTI No 3, 4 broilers x 81 MWth
PRODITERM BISTRIŢA, 2 hot water boilers x 116 MWth + 2 broilers a
steam x 69 MWth
S.C. C.E.T. BRAŞOV, n. 1, 2 boilers x 337 MWth
REGIA AUTONOMĂ DE TERMOFICARE CLUJ, 2 hot water boilers
x 116 MWth
S.C. THERMOELECTRICA GIURGIU No 1, 3 energy steam boilers x 285
MWth
S.C. THERMOELECTRICA GIURGIU No 2, 2 industrial steam boilers x 72
MWth
S.C. ELECTROCENTRALE DEVA SA No. 1, 4 electric boilers x 264 MWth
S.C. COLTERM SA n. 2, 1 hot water boiler x 58.1 MWth
Until December 31, 2009:
CET ARAD n. 1, 1 steam boiler CR 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 broilers
x 396.5 MWth
S.C. CET IAŞI I n. 2, 2 steam boilers x 283 MWth
S.C. UZINA ELECTRICĂ ZALĂU n No. 3, 1 steam boiler x 72.3 MWth
Until December 31, 2010:
S.C. ELECTROCENTRALE ORADEA SA n. 1, 2 groups of steam boilers
x 127 MWth + 269 MWth
S.C. C. E. T SA n. 2 Brăila, 2 boilers x 110 MWth
CET ENERGOTERM SA REŞIŢA No 1, 2 boilers x 45.94 MWth
S.C. UZINA THERMOELECTRICĂ MIDIA No 2, 1 boiler x 73 MWth
S.C. UZINA THERMOELECTRICĂ MIDIA No 3, 1 boiler x 73 MWth
S.C. UZINA THERMOELECTRICĂ MIDIA No 4, 1 boiler x 73 MWth
S.C. THERMOELECTRICA SE DOICEŞTI No 1, 1 steam boiler Benson x 470
MWth
S.C. ELECTROCENTRALE GALAŢI No 3, 3 electric boilers x 293 MWth
S.C. THERMOELECTRICA SE PAROŞENI No 2, 1 steam boiler x 467 MWth
+ 1 hot water boiler x 120 MWth
S.C. CET IAŞI I n. 1, 3 steam boilers x 94 MWth
S.C. TERMICA S. A SUCCEEDING No. 1, 2 boilers x 296 MWth
S.C. TURNU SA TURNU MĂGURELE n. 1, 1 hot water boiler x 58
MWth
S.C. TURNU SA TURNU MĂGURELE n. 2, 1 hot water boiler x 58
MWth
S.C. ENET SA n. 1, 3 boilers x 18.5 MWth
S.C. ENET SA n. 2, 1 hot water boiler x 58 MWth
Until December 31, 2011:
CET ARAD n. 2, 2 industrial steam boilers + 1 boiler x 80 MWth
S.C. TERMON SA ONEŞTI, 3 caldeiras x 380 MWth
S.C. CET SA n. 1 BRIA ILA, 2 boilers x 110 MWth
S.C. TERMICA SA n. 1 BOTOŞANI, 3 hot water boilers x 116 MWth
S.C. ELCEN BUCUREŞTI SUD n. 12, 2 hot water boilers x 116 MWth
S.C. ELCEN BUCUREŞTI SUD n. 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 IF PALAS n. 1, 1 hot water boiler x 116
MWth
S.C. COMPLEXUL ENERGETIC CRAIOVA SE IŞALNIŢA, 4 broilers x 473
MWth
S.C. ELECTROCENTRALE DEVA SA No. 2, 4 electric boilers x 264 MWth
S.C. CET IAŞI I n. 3, 4 hot water boilers x 116 MWth
RAAN, BRANCH ROMAG TERM n No. 1, 3 boilers x 330 MWth
RAAN, BRANCH ROMAG TERM n No. 2, 3 boilers x 330 MWth
S.C. ROMPETROL SA BUCUREŞTI VEGA PLOIEŞTI, 3 steam boilers
technological x 24.75 MWth
S.C. PETROTEL-LUKOIL SA n. 1, 2 DAV3 + HPM, 1 x 45 MWth + 14.7 MWth
+ 11.4 MWth
S.C. PETROTEL-LUKOIL SA No. 2, 3 technological steam boilers x 105.5
MWth
S.C. UZINA ELECTRICĂ ZALĂU n No. 1, 4 industrial steam boilers x 85.4
MWth
S.C. COLTERM SA n. 4, 1 hot water boiler x 116.1 MWth
S.C. C.E.T. GOVORA n. 3, 1 boiler x 285 MWth
Until December 31, 2012:
CET ENERGOTERM SA REŞIŢA No 3, 1 hot water boiler x 116 MWth
S.C. ELCEN BUCUREŞTI IF PALAS n. 2, 1 hot water boiler x 116
MWth
S.C. ELCEN BUCUREŞTI SE MUREŞ n. 5, 4 steam boilers x 277 MWth
S.C. COLTERM SA n. 6, 3 steam boilers x 81.4 MWth
Until December 31, 2013:
S.C. THERMOELECTRICA SA, BRANCHES ELECTROCENTRALE BRĂILA,
6 steam boilers x 264 MWth
S.C. ELCEN BUCUREŞTI SUD n. 14, 1 hot water boiler x 116 MWth
S.C. ELCEN BUCUREŞTI IF PALAS n. 3, 1 hot water boiler x 116
MWth
S.C. ELECTROCENTRALE GALAŢI No 2, 2 electric boilers x 293 MWth
S.C. ELECTROCENTRALE DEVA SA No. 3, 4 electric boilers x 264 MWth
S.C. ELCEN BUCUREŞTI SE MUREŞ n. 1, 1 steam boiler x 277 MWth
S.C. ELCEN BUCUREŞTI SE MUREŞ n. 4, 1 steam boiler x 277 MWth
S.C. COLTERM SA n. 5, 1 hot water boiler x 116.3 MWth
S.C. COLTERM SA n. 7, 2 hot water boilers x 116.3 MWth
S.C. C.E.T. GOVORA n. 2, 2 boilers x 285 MWth
S.C. ENET SA VRANCEA n. 3, 1 hot water boiler x 116.3 MWth
During this transitional period, emissions of nitrogen oxide from
all combustion plants that comply with the provisions of the
Directive 2001 /80/CE shall not exceed the following maximum limits
intermediate:
Up to 2007: 128000 tons / year
Up to 2008: 125000 tons / year
Up to 2010: 114000 tons / year
Up to 2013: 112000 tons / year
c) By way of derogation from Article 4 (3) and Part A of Annex VII of the
Directive 2001 /80/CE, the emission limit values for dust are not
applicable in Romania to the following facilities up to the date indicated for each
installation:
Until December 31, 2008:
S.C. ELECTROCENTRALE DEVA SA No. 1, 4 electric boilers x 264 MWth
S.C. C.E.T. IAŞI II, 2 steam boilers x 305 MWth
Until December 31, 2009:
CET BACLU U No. 1, 1 steam boiler x 345 MWth
S.C. THERMOELECTRICA GIURGIU No 1, 3 steam boilers x 285 MWth
S.C. COLTERM SA n. 6, 3 steam boilers x 81.4 MWth
Until December 31, 2010:
CET ARAD n. 1, 1 steam boiler x 403 MWth
S.C. CET BRAŞOV SA No 1, 2 boilers x 337 MWth
S.C. THERMOELECTRICA DOICEŞTI No 1, 1 steam boiler Benson x 470
MWth
S.C. COMPLEX ENERGETIC TURCENI SA No. 2, 2 electric boilers x 789
MWth
S.C. TERMICA SA SUCCEEDED No. 1, 2 boilers x 296 MWth
S.C. CET GOVORA SA n. 3, 1 boiler x 285 MWth
Until December 31, 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 n. 2, 2 steam boilers x 879
MWth
S.C. ELECTROCENTRALE DEVA SA No. 2, 4 electric boilers x 264 MWth
S.C. PETROTEL LUKOIL SA n ° 1, DAV3 + HPM, 1 x 45 MWth + 14.7 MWth
+ 11.4 MWth
S.C. PETROTEL LUKOIL SA No. 2, 3 technological steam boilers x 105.5
MWth
S.C. ALUM SA TULCEA n. 1, 3 boilers x 84.8 MWth + 1 x 72.6 MWth
S.C. CET GOVORA SA n. 2, 2 boilers x 285 MWth
Until December 31, 2013:
S.C. COMPLEX ENERGETIC Rovinari SA n. 1, 2 steam boilers x 878 MWth
S.C. ELECTROCENTRALE DEVA SA No. 3, 4 electric boilers x 264 MWth
S.C. UZINA ELECTRICĂ ZALĂU n No. 1, 4 steam boilers x 85.4 MWth
S.C. ELECTROCENTRALE ORADEA SA n. 2, 2 groups of steam boilers
x 300 MWth + 1 x 269 MWth
During this transitional period, dust emissions from all the
combustion plants that comply with the provisions of Directive 2001 /80/CE no
shall exceed the following intermediate maximum limits:
Up to 2007: 38600 tons / year;
Up to 2008: 33800 tons / year;
Up to 2010: 23200 tons / year;
Up to 2013: 15500 tons / year.
d) By way of derogation from Article 4 (3) and Part A of Annex VI of the
Directive 2001 /80/CE, the emission limit values for nitrogen oxides,
applicable from January 1, 2016 to installations with a power
calorific combustion of more than 500 MWt, are not applicable in Romania
by December 31, 2017 at the following facilities:
S.C. ELECTROCENTRALE ORADEA SA n. 2, 2 groups of steam boilers
x 300 MWth + 1 steam boiler x 269 MWth;
S.C. ELECTROCENTRALE DEVA SA No. 2, 4 electric boilers x 264 MWth;
S.C. COMPLEXUL ENERGETIC ROVINARI SA n. 2, 2 steam boilers
x 879 MWth;
S.C. COMPLEXUL ENERGETIC TURCENI SA No. 3, 2 electric boilers
x 789 MWth;
S.C. ELECTROCENTRALE DEVA SA No. 1, 4 electric boilers x 264 MWth;
S.C. TERMICA SA SUCCEEDED, n. 1, 2 boilers x 296 MWth.
During this transitional period, emissions of nitrogen oxide from
all combustion plants that comply with the provisions of the
Directive 2001 /80/CE shall not exceed the following maximum limits
intermediate:
Up to 2016: 80000 tons / year;
Up to 2017: 74000 tons / year.
e) Romania shall submit to the Commission, by January 1, 2011, a plan
updated, which includes an investment plan, for the progressive
alignment of the remaining non-compliant installations, with phases clearly
defined for the application of the acquis. These plans must guarantee a new
reduction of emissions to a level significantly lower than the targets
intermediate specified in points (a) to (d) above, in particular as regards the
emissions relative to 2012. If, taking particular account of the environmental effects
and the need to reduce the distortions of competition in the domestic market
arising from the transitional measures, the Commission considers that the plans
mentioned above are not sufficient to meet these objectives, it will inform the
fact to Romania. In the following three months, Romania will communicate the measures
which you have taken to fulfil the said objectives. If, subsequently, in
consultation with Member States, the Commission considers that such measures do not
are sufficient to achieve those goals, will initiate a process by
infringement 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 THAT BENEFIT FROM STATE AID UNDER THE
THE RESTRUCTURING PROGRAMME OF THE STEEL INDUSTRY
ROMANIA
-Ispat Sidex Galaţi
-Siderurgica Hunedoara
-COS Târgovişte
-CS Reşiţa
-IS Câmpia Turzii
-Donasid (Siderca) Călăraşi
PART II
TIMETABLE AND DESCRIPTION OF CAPACITY CHANGES 1
Installation Change of the
capacity
(tonnes)
Date of
cessation of
production
Date of
shutdown
definitive
Siderurgica
Hunedoara
Wire-machine n. 1-400000 1995 1997
Wire-machine n. 3-280000 1998 2000
Middle sections-480000 to 1 quarter
from 2008
2. quarter
2008
IS Câmpia Turzii Wire-machine n. 1-80000 1995 1996
CS Reşiţa Sections light-80000 2000 2001
Wheels for rails-40000 1999 2000
Heavy sections-220000 to 4 quarter
from 2007
2. quarter
2008
Middle and special sections-120000 to 4 quarter
from 2006
4. quarter
2007
Donasid (Siderca)
Călăraşi
Middle sections-350000 to 1997 1999
Change in capacity
net
-2050000
1 Capacity reductions shall be final, in the terms of Decision No.
3010 /91/CECA of the Commission of October 15, 1991 (OJ L 286, 10/16/1991, p. 20).
PART III
RESTRUCTURING REFERENCE INDICES
1. Viability
Taking into account the special accounting standards applied by the Commission, each
beneficiary company is expected to achieve a gross minimum operating result
annual in relation to turnover (10% for steel companies not
integrated and 13.5% for integrated steelworks) and a minimum income of the
equity capital of 1.5% of the turnover, no later than December 31
of 2008. This will be verified in the independent assessment conducted annually
between 2005 and 2009, in accordance with the provisions of Annex VII, Chapter 4, Section B,
point 13.
2. Productivity
It should be gradually achieved, by December 31, 2008, a
overall productivity comparable to that obtained by the EU steel industry. Such
will be verified in the independent assessment conducted annually between 2005
and 2009, in accordance with the provisions of Annex VII, Chapter 4, Section B, point 13.
3. Cost Reductions
Special importance should be attached to the cost reductions, which constitute a
of the key elements of viability. These reductions must be fully
carried out under the business plans of the beneficiary companies.
PART IV
INDICATIVE LIST OF THE REQUIRED INFORMATION
1. Production and effects on the market
-monthly production of crude steel, semi-finished products and products
finished, by category and by product range;
-products sold, including volumes, prices and markets; breakdown by
range of products.
2. Investments
-detailed data on the investments made;
-date of achievement;
-costs of investment, sources of financing and amount of any
corresponding aid;
-date of payment of the aid, if any.
3. Reductions of manpower
-number of suppressed jobs and their schedule;
-evolution of employment in the beneficiary companies (distinguishing between
direct and indirect employment);
-evolution of employment in the national steel sector.
4. Capacity (as far as the whole of the steel sector in Romania)
-date (or expected date) of cessation of production of express capacities
in MPP (being MPP the maximum possible annual production that can be
obtained under normal working conditions) to be shut down and description
of the same;
-date (or intended date) of dismantling, as defined in the Decision
no 3010 /91/CECA of the Commission, relating to the information to be provided by the
steel industries on their investments 1 , of the plant in question and
details of such 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 products
finished by category.
5. Costs
-cost allocation and respective developments in the past and in the future,
particularly by reduction of labour costs, energy consumption,
reduction of raw material costs, reduction of accessory services and
external.
6. Financial Results
-evolution of certain significant financial ratios that allow to check
the progress made towards the feasibility (the results and ratios
financial must be presented in a form that allows to compare them
with the company's financial restructuring plan and must include the test
of feasibility of the Commission);
Detailed data on taxes and duties paid, including
information on any deviations from the tax rules and
customarily applicable customs;
-level of the financial burden;
1 OJ L 286, 10/16/1991, p. 20.
-detailed data on the payment of the aid already granted and
their respective timetable, in accordance with the terms of the Act;
-terms and conditions of any new loan (regardless of
your origin).
7. Creation of a new company or new facilities that include increases in
capacity
-identity of each shareholder in the private or public sector;
-origins of financial contributions to the creation of a new company
or of new facilities;
-terms and conditions of participation of private and public shareholders;
-management structure of the new company.
8. Changes to the property.
Appendix B to ANNEX VII
List of establishments for meat, poultry and milk processing establishments and
dairy products
referred to in Annex VII, Chapter 5, Section B, Subsection I
Establishments for meat processing
No. No. Vet Name of establishment Sede of the facilities 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
3 101/2000 S.C. Cominca S.A. Str. Octavian Goga, nr. 4, Oradea, jud. Bihor
4 102/1999 S.C. Prodaliment S.A. Str. Republicii, nr. 101, Salonta, jud. Bihor
5 115/1996 S.C. Ferm With Prod S.R.L. Căldărăşti, jud. Buzău
6 1446/2002 S.C. Izocon MC S.A. Cuza Vodă, jud. Călăraşi
7 19/2002 S.C. Carnob S.R.L. Str. Lebedelor, nr. 1, Lumina, jud. Constanţa
8 154/1999 S.C. Casalco S.A. Str. Jókai Mór, nr. 9-11, Sf. Gheorghe, jud.
Covasna
9 312/1999 S.C. Olas Prod S.R.L. Str. N. Romanescu, nr. 28, Craiova, jud. Dolj
10 58/2001 S.C. Elan Trident S.R.L. Str. Rákóczi, Miercurea Ciuc, jud. Harghita
11 143/1999 S.C. Lorialba Prest S.R.L. Str. Crişul Alb, nr. 1, Brad, jud. Hunedoara
12 4585/2002 S.C. Agro Prod With Dosa
S.R.L.
Str. Principală, nr. 79, Chibed, jud. Mureş
13 2585/2000 S.C. Cazadela S.R.L. Str. Oltului, nr. 34, Reghin, jud. Mureş
14 4048/2000 S.C. Coniflor S.R.L. Str. Petru Largest, Gurghiu, jud. Mureş
15 422/1999 S.C. Prodprosper S.R.L. Str. Dumbravei, nr. 18, Dumbrava Roşie, jud.
Neamles
16 549/1999 S.C. Tce 3 Brazi S.R.L. Zăneşti, jud. Neamles
17 24/2000 S.C. Spar S.R.L. Str. Gării, nr. 10, Potcoava, jud. Olt
18 2076/2002 S.C. Simona S.R.L. Str. Popa Şapcă, nr. 105, Balş, jud. Olt
19 86/2002 S.C. Universal S.R.L. Crişeni, jud. Sălaj
20 5661/2002 S.C. Harald S.R.L. Str. Mânăstirea Humorului, nr. 76A, jud.
Succeeded
21 6066/2002 S.C. Raitar S.R.L. Cornu Luncii, jud. Succeeded
22 5819/2002 S.C. Mara Alex S.R.L. Milişăuţi, jud. Succeeded
23 93/2003 S.C. Mara Prod With S.R.L. Str. Abatorului, nr. 1 bis, Alexandria, jud.
Teleorman
1/24/2000 S.C. Diana S.R.L. Bujoreni, jud. Vâlcea
6/25/1999 S.C. Diana Prod S.R.L. Vlădeşti, jud. Vâlcea
Meat processing establishments of poultry
No.
No. Vet Name of establishment Sede of the 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
Treatment establishments for milk and dairy products
No. No. Vet Name of establishment Sede of the facilities in question
1 999/2000 S.C. Alba Lact S.A. Str. Muncii, nr. 4, Alba Iulia, jud. Alba
2 5158/8.11.2002 S.C. Biolact Bihor S.R.L. Paleu, jud. Bihor
3 2100/8.11.2001 S.C. Bendearcris S.R.L. Miceştii of Câmpie, nr. 202A, jud.
Bistriţa-Năsăud
4 2145/5.3.2002 S.C. Lech Lactus S.R.L. Lechinţa, nr. 387, jud. Bistriţa-Năsăud
5 395/ 6/18/2001 S.C. Lact Solomonescu S.R.L. Miron Costin, Vlăsineşti, jud. Botoşani
6 115/1.2.2002 S.C. Comintex S.R.L. Darabani Darabani, jud. Botoşani
7 A343827/ 8/30/2002 S.C. Prodlacta S.A. Str. Gării, nr. 403, Homorod, jud. Braşov
8 258/ 4/10/2000 S.C. Binco Lact S.R.L. Săcele, jud. Constanţa
9 12203/ 9/25/2003 S.C. Lact Genimico S.R.L. Str. Căşăriei nr. 2A, Hârşova, jud.
Constanţa
10 2721/ 8/28/2001 S.C. Industrializarea Laptelui
S.A.
B-dul Independenţei, nr. 23,
Târgovişte, jud. Dâmboviţa
11 4136/ 6/10/2002 S.C. Galmopan S.A. B-dul G. Coşbuc, nr. 257, Galaţi, jud.
Galaţi
12 5/7.5.1999 S.C. Sandralact S.R.L. Şos. Bucureşti-Giurgiu, km. 23, jud.
Giurgiu
13 213/1996 S.C. Paulact S.R.L. Str. Principală, nr. 28, Sânpaul, jud.
Harghita
14 625/ 11/21/1996 S.C. Lactis S.R.L. Str. Beclean, nr. 31, Odorheiu
Secuiesc, jud. Harghita
15 913/ 3/17/2000 S.C. Lactex-Reghin S.R.L. Jabeniţa, nr. 33, jud. Mureş
16 207/ 4/21/1999 S.C. Midatod S.R.L. Ibăneşti, nr. 273, jud. Mureş
17 391/ 4/23/1999 S.C. Kubo Ice Cream
Company S.R.L.
Str. Dumbravei, nr. 5, Piatra Neammons,
jud. Neamles
18 1055/ 7/10/2000 S.C. Oltina S.A. Str. A. I. Cuza, nr. 152, Slatina, jud. Olt
19 282/1999 S.C. Calion S.R.L. Str. Gheorghe Doja, nr. 39, Jibou, jud.
Sălaj
20 1562/ 12/27/1999
5750/ 5/23/2002
S.C. Bucovina S.A. Succeeded Str.Humorului, nr.4, Succeava, jud.
Succeeded
21 1085/ 5/26/1999 S.C. Bucovina S.A. Falticeni Str. Izvor, nr.5, Falticeni, jud. Succeeded
22 5614/ 4/20/2002 S.C. Coza Rux S.R.L. Str. Burdujeni, nr.11 A, Suceava, jud.
Succeeded
23 1659/ 3/27/2003 S.C. Ecolact S.R.L. Milisauti, jud. Succeeded
24 1205/5.10.1999 S.C. Pro Putna S.R.L. Putna, jud. Succeeded
25 5325/ 2/13/2002 S.C. Cetina Prod Lact S.R.L. Neagra Sarului, Saru Dornei, jud.
Succeeded
26 5245/6.11.2001 S.C. Simultan S.R.L. Ortisoara, jud. Timis
27 2459/ 8/21/2002 S.C. Zan S.R.L. Str. Celulozei, nr. 5, Zarnesti, jud.
Brasov
________________
ANNEX VIII
Rural development
(referred to in Article 34 of the Act of Accession)
SECTION I: ADDITIONAL TEMPORARY MEASURES OF
RURAL DEVELOPMENT FOR BULGARIA AND ROMANIA
A. Support for semi-subsistence farms in phase of restructuring
1) Support for semi-subsistence farms in phase of restructuring
will contribute to the following objectives:
a) Helping to alleviate the transition problems at rural level arising
of the exhibition of the agricultural sector and the rural economy of Bulgaria and of the
Romania to the competitive pressure of the single market;
(b) facilitate and encourage the restructuring of farms that do not yet
are economically viable.
For the purposes of this Annex, it is understood by " holdings of semi-
subsistence " the farms that produce mainly for consumption
own, but which also commercialize a part of the production.
2) To benefit from the support, the farmer must come up with a plan of
development that:
a) demonstrate the future economic viability of the holding;
b) Contains details of the necessary investments;
c) Describe specific steps and goals.
3) Compliance with the development plan referred to in point 2 shall be
magazine at the end of three years. If the interim goals set out in the
plan have not been achieved upon such review, they will not be
granted more supports, but will not be required for this reason the refund
of funds received.
4) Support will 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
higher than five years.
B. Groupings of producers
1) will be granted flat-rate support in order to facilitate the creation and the
administrative operation of producer groupings that have
by objectives:
a) Adapting to the requirements of the market the production of the producers that
are members of these groupings;
(b) jointly commercialize its goods, including the
preparation of sales, centralization of sales and supply
to wholesalers; and
c) Define common standards for information on production, with
special highlight for the harvests and availability.
2) Support will be granted only to groups of producers formally
recognized by the competent authorities of Bulgaria or Romania
between the date of accession and December 31, 2009, on the basis of the legislation
national or community.
3) Support will be paid in annual instalments in the first five years after the
date when the grouping of producers has been recognized, will be calculated
depending on the commercialized annual production of the producer grouping
and shall not overtake:
a) In the first, second, third, fourth and fifth years,
respectively 5%, 5%, 4%, 3% and 2% of the value of production
marketed up to a maximum amount of EUR 1000000, 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 production
marketed that exceeds EUR 1000000.
In any case, the support shall not exceed the maximum amounts
eligible set out in Section I G.
C. Leader-type Measures +
1) Support may be provided for measures related to the acquisition of
skills designed to prepare rural communities for design
and implementation of local rural development strategies.
These measures may include, in particular:
a) Technical support for local studies and diagnostics of the territory, having in
account for the wishes expressed by the implicated populations;
b) Information and training of the population in order to encourage a
active participation in the development process;
c) Construction of representative partnerships of local development;
(d) elaboration of integrated development strategies;
e) Funding of research as well as preparation of applications for
support.
2) Support may be provided for the adoption of territorial strategies of
rural, integrated and pilot development, prepared by
local action groups in accordance with the principles set out in the
points 12, 14 and 36 of the Communication from the Commission to the Member States
of April 14, 2000 laying down the guidelines on the initiative
community of rural development (Leader +) 1 . This support will be limited
to regions that 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 actions of interterritorial and transnational cooperation, in accordance
with the principles set out in points 15 a to 18 of the Communication of
Commission referred to in point 2.
4) Bulgaria and Romania and the local action groups will have access to the
observatory of the rural territories provided for in point 23 of the Communication of the
Commission referred to in point 2.
D. Consultation services and rural dissemination
Support will be provided for the provision of consultancy and rural dissemination services.
E. Supplementary direct payments
1) It may be granted support to farmers who can benefit from
direct national payments of supplementary character or aid to the
shelter from Article 143-C of Regulation (EC) No 1782/2003 2 .
1 OJ C 139, 5/18/2000, p. 5.
2 Council Regulation (EC) No 1782/2003 of September 29, 2003, which
establishes common rules for direct support schemes in the framework of agricultural policy
common and establish certain support schemes for farmers and alters the
Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) n para.
1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) n para.
1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ L 270, 10/21/2003, p. 1).
Regulation adapted by Decision 2004 /281/CE (OJ L 93, 3/30/2004, p. 1) and with the
last amended given by Regulation (EC) No 864/2004 (OJ L 161 de
2) The support granted to a farmer relatively to the years 2007, 2008
and 2009 shall not overcome the difference between:
a) The level of direct payments applicable in Bulgaria or Romania
in the year concerned pursuant to Article 143 of the Regulation (EC)
n. 1782/2003, and
b) 40% of the level of direct payments applicable in the Community, in the
its composition on April 30, 2004, in the relevant year.
3) The contribution of the Community to the support provided under the
this Subsection E in Bulgaria or Romania in respect of each other
of the years 2007, 2008 and 2009 shall not exceed 20% of the respective
annual allocation. However, Bulgaria or Romania may replace this rate
annual 20% for the following rates: 25% for 2007, 20% for 2008 and 15%
to 2009.
4) The support granted to a farmer under this Subsection E will be
considered national direct payment of a complementary character or
aid, as the case may be, for the purpose of application of the maximum levels
set out in paragraph 2 (2) (a) of the Regulation (EC)
n. 1782/2003.
F. Technical assistance
1) Support may be provided for measures to prepare, follow up,
assessment and control that are necessary for the implementation of the
programming documents of rural development.
(2) The measures referred to in point 1 shall include, inter alia:
4/30/2004, p. 48).
a) Studies;
b) Technical assistance measures, exchange of experience and
information aimed at partners, beneficiaries and the public at
general;
c) Installation, operation and interconnection of computerized systems
for the management, monitoring and evaluation;
d) Improvements in the methods of evaluation and exchange of information
on best practices in this field.
G. Table of amounts for the additional temporary measures of
rural development for Bulgaria and Romania
EUR measure
Farms of semi-subsistence 1000 per farm / per year
Groupings of producers 100000
100000
80000
60000
50000
in the first year
in the second year
in the third year
in the fourth year
in the fifth year
SECTION II: SPECIFIC PROVISIONS RELATING TO SUPPORT FOR
INVESTMENTS IN BULGARIA AND ROMANIA
1) The support for investments in agricultural holdings under the Regulations
on rural development in force on the date of accession will be granted to the
agricultural holdings whose economic viability can be demonstrated in the term
of the making of the investment.
2) The total amount of support for investments in agricultural holdings, expressed
as a percentage of the eligible investment volume, is subject to a limit
maximum of 50% and, in the disadvantaged areas, 60%, or the percentages
established in the relevant regulation on rural development in
vigour at the date of accession, whicheter is the higher. If the investments
are made by young farmers, as defined in the relevant regulation
on rural development in force at the date of accession, these percentages
can reach a maximum of 55% and, in the disadvantaged areas, of 65%, or the
percentages set out in the relevant regulation on development
rural in force at the date of accession, whicheter is the higher.
3) The support for investments aimed at improving processing and
marketing of agricultural products under the relevant regulation
on rural development in force on the date of accession will be granted to the
companies that have benefited from a transition period after accession, in order to
to comply with the minimum standards concerning the environment, hygiene and welfare of the
animals. In this case, the companies should comply with the standards
pertinent until the end of the specified transition period or until the end of the
period of investment, whichever occurs in the first place.
SECTION III: SPECIFIC PROVISIONS RELATING TO SUPPORT FOR
EARLY RETIREMENT IN BULGARIA
1) Farmers in Bulgaria to which a dairy quota has been allocated
will be able to benefit from the early retirement scheme as long as they have less
from 70 years of age at the time of the assignment.
2) The amount of the support shall be subject to the maximum amounts in the
relevant regulation relating to rural development in force on the date of
accession and shall be calculated depending on the volume of the milk quota and the activity
total agricultural in the holding.
3) The milk quotas allocated to a cedent will revert in favour of the national reserve
of milk quotas without extra compensatory payment.
SECTION IV: SPECIFIC FINANCIAL ARRANGEMENTS FOR BULGARIA
AND ROMANIA IN THE PERIOD FROM 2007 A TO 2013
1) Regarding the programming period from 2007 a to 2013, the community support
granted in Bulgaria and Romania to all measures of rural development
shall be executed in accordance with the principles laid down in Articles 31 and 32.
of the Council Regulation (EC) No 1260/1999 of June 21, 1999, which
establishes general provisions on the Structural Funds 1 .
2) In the areas covered by Objective 1, the financial contribution of
Community can raise up to 85% for agro-environmental measures and relative
to the welfare of animals, and to 80% for the other measures, or the percentages
established in the regulations on rural development in force to the
date of accession, whicheter is the higher.
________________
1 OJ L 161, 6/26/1999, p. 1. Regulation with the last wording given by the
Act of Accession of 2003 (OJ L 236, 9/23/2003, p. 33).
ANNEX IX
Specific commitments made and requirements accepted by Romania
at the conclusion of the accession negotiations
on December 14, 2004
(referred to in Article 39 of the Act of Accession)
I. Regarding Article 39 (2)
1) Implement immediately the "Schengen" Action Plan, as published in
M. Of., p. I, n. 129 bis / 10. II.2005, amended in line with the acquis and within
of the deadlines set.
2) In order to ensure a high level of control and surveillance in future frontiers
external of the Union, considerably intensify efforts on the subject of
modernization of equipment and infrastructure on the green border, in the
blue border and border crossing points, and continue the reinforcement of the
capacity for operational risk analysis. This should be laid down in a
single multiannual investment plan, to be submitted no later than March
of 2005, on the basis of which the Union should be able to assess the progress annually
performed, until the decision referred to in Article 4 (2) of the Act is taken.
which concerns Romania. Romania should still step up
considerably the scheduled recruitment of 4438 agents and officers of
border police and in particular to ensure that the actual frame is
as much as possible complete, at the date of accession, along the borders with the
Ukraine and Moldova and on the coast of the Black Sea. Romania should also take
all necessary measures to effectively combat illegal immigration,
specifically enhancing cooperation with third countries.
3) Develop and implement an action plan and a strategy for reform of the
judicial apparatus, updated and integrated, which include the main measures
for the implementation of the Law on the Judicial Organization, the Act on the
Status of the Magistrates and the Law on the Superior Council of Magistrate,
which came into force on September 30, 2004. Both documents
updated shall be submitted to the Union no later than March 2005,
it being necessary to guarantee the appropriate human and financial resources to the
implementation of the plan of action, which should occur without delay, the
fixed calendar. Romania should still demonstrate, by March 2005, that the
new system of random distribution of processes is fully operational.
4) Considerably intensifying the fight against corruption and specifically against
the great corruption, ensuring a rigorous enforcement of the anti-
corruption and the effective independence of the Department of the Public Prosecutor's Office of
Combating Corruption and presenting a compelling annual report on the
activities of this body in the area of the fight against major corruption. This
Department shall be endowed with human, financial and training resources and
of all the equipment that the fulfillment of its vital function requires.
5) Proceed to an independent audit of the results and the impact of the current
national strategy to fight corruption; to consign the findings and
recommendations from that audit in the new multi-year strategy against corruption,
which should constitute a single and comprehensive document to be drawn up by March
of 2005, at the latest, accompanied by an action plan with milestones of
clearly defined reference and targets, as well as budgetary provisions
appropriate; implementation of the strategy and plan of action should be scrutinised
by an already existing, clearly defined and independent body; the strategy
should include the commitment to review, by the end of 2005, the criminal proceedings
overly time-consuming to ensure that the processes of corruption are
treated with speed and transparency, in order to ensure the application of sanctions
appropriate deterrent effect; lastly, it should provide for measures aimed at
reduce considerably, by the end of 2005, the number of organisms
competent in the prevention or investigation of cases of corruption, the
an end to avoiding overlapping responsibilities.
6) To ensure, by March 2005, a clear legal framework for the functions and the
cooperation between the gendarmerie and the police, specifically with regard to the
implementation legislation, and develop and implement a plan of
clear recruitment by mid-2005 for both institutions, in order to
make significant progress in the proofing of the 7000 vacancies in the police and
of the 18000 vacancies in gendarmerie to the date of accession.
7) Develop and implement a coherent multi-year strategy against the
crime, including concrete actions aimed at progressively changing the
status of Romania as a country of origin, transit and destination of victims
of trafficking in human beings and present annually, as of March 2005,
reliable statistics on how it is combated this criminal phenomenon.
II. In respect of Article 39 (3)
8) Ensuring the effective control by the Competition Council of any
potential state aid, particularly state aid to be granted by
means of deferred payments to the State Budget of liabilities in the domain
tax or social or of deferred liabilities related to supply
energy.
9) Improving without delay the results in the field of law enforcement in the field
of State aid and to ensure satisfactory results in application
of the law both in the field of anti-trust rules and in that of state aid.
10) Present to the Commission, by mid-December 2004, a revised plan of
restructuring of the steel industry (which includes a national restructuring programme and
an individual plan for the companies) in accordance with the requirements
set out in Protocol No 2 on ECSC products to the European Agreement
which creates an Association between the European Communities and their States-
Members, on the one hand, and Romania, on the other 1 , as well as with the conditions
set out in Annex VII, Chapter 4, Section B, of the Act.
Fully respect the commitment to not grant or pay any
state aid to steel companies covered by the Strategy of
1 OJ L 357, 12/31/1994, p. 2. Agreement with the last wording given by the
Decision No 2/2003 of the EU/Romania Association Council of 9/25/2003 (not yet
published in the Official Journal).
National restructuring between January 1, 2005 and December 31, 2008 and
to fully respect the amounts of state aid and the conditions relating to
reductions in capacity to be determined in the context of Protocol No 2 on the
ECSC products to the European Agreement establishing an Association between the
European Communities and their Member States, on the one hand, and Romania,
on the other.
11) Continue to allocate adequate financial means and sufficient human resources and
suitably qualified to 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,
Gathered in Luxembourg at twenty five from April two thousand and five per 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.
They have declared for the Act that the following texts have been drawn up and approved in the
Conference between 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
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 (States-
Members of the European Union) and the Republic of Bulgaria and Romania
on the accession of the Republic of Bulgaria and Romania to the European Union
(hereinafter referred to as the "Treaty of Accession");
II. The texts of the Treaty establishing a Constitution for Europe, in the
Bulgarian and Romanian languages;
III. The Protocol on the conditions and rules of admission of the Republic of
Bulgaria and Romania to the European Union (hereinafter referred to as the " Protocol of
Membership ");
IV. The texts listed below, which come annexed to the Protocol of Accession:
A. Annex I: List of conventions and protocols to which Bulgaria and the
Romania adheres at the time of accession (to which
refers to Article 3 (3) of the Protocol)
Annex II: List of provisions of the integrated Schengen acquis
within the framework of the European Union and the acts based on it
or in some way with it related that link
the new Member States and are applicable in those
States as of the date of accession (as referred to
n Article 4 (1) of the Protocol)
Annex III: List referred to in Article 16 of the Protocol:
adaptations of the acts adopted by the institutions
Annex IV: List referred to in Article 17 of the Protocol:
supplementary adaptations of the 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 (as referred to in Article 34 of the
Protocol)
Annex IX: Specific commitments made and requirements
accepted by Romania at the conclusion of the
accession negotiations on December 14, 2004 (the
referred to in Article 39 of the Protocol);
B. the texts of the Treaty establishing the European Energy Community
Atomic and the Treaties that have changed them or completed them, in the languages
Bulgarian and Romanian.
V. The Act on the Conditions of Accession of the Republic of Bulgaria and the
Romania and the adaptations of the Treaties on which the European Union is founded (the
hereinafter referred to as the "Act of Accession")
VI. The texts listed below, which come annexed to the Act of Accession:
A. Annex I: List of conventions and protocols to which Bulgaria and the
Romania adheres at the time of accession (to which
refers to Article 3 (3) of the Act of Accession)
Annex II: List of provisions of the integrated Schengen acquis
within the framework of the European Union and the acts based on it
or in some way with it related that link
the new Member States and are applicable in those
States as of the date of accession (as referred to
n Article 4 (1) of the Act of Accession)
Annex III: List referred to in Article 19 of the Act of Accession:
adaptations of the acts adopted by the institutions
Annex IV: List referred to in Article 20 of the Act of Accession:
supplementary adaptations of the 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 (as referred to in Article 34 of the
Act of Accession)
Annex IX: Specific commitments made and requirements
accepted by Romania at the conclusion of the
accession negotiations on December 14, 2004 (the
referred to in Article 39 of the Act of Accession);
B. the texts of the Treaty on European Union, of the Treaty establishing a
European Community and of the Treaty establishing the Community
European Atomic Energy, as well as of the Treaties that
have changed or completed, specifically the Treaty on the
accession of the Kingdom of Denmark, Ireland and the United Kingdom of Gran-
Brittany and Northern Ireland, the Treaty on the accession of the
Hellenic Republic, the Treaty on the accession of the Kingdom of Spain
and of the Portuguese Republic, the Treaty on the accession of the Republic
of Austria, the Republic of Finland and the Kingdom of Sweden and the
Treaty relating to the accession of the Czech Republic, the Republic of
Estonia, of the Republic of Cyprus, of the Republic of Latvia, of the
Republic of Lithuania, of the Republic of Hungary, of 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 have reached political agreement on a series of
adaptations of the acts adopted by the institutions, necessary by virtue of the
accession, and invite the Council and the Commission to adopt them prior to accession in the
terms of Article 56 of the Protocol of Accession or, as the case may be, of Article 56.
of the Act of Accession, as referred to in Article 4 (3) of the Treaty of Accession,
completing them and updating them whenever necessary to take into account the
evolution of Union law.
3. The High Contracting Parties undertake to communicate to the Commission and to each other
all the information necessary for the application of the Accession Protocol or,
depending on the case, of the Act of Accession. Where necessary, this information
they must be provided in sufficient advance in relation to the date of accession by
form to allow the full application of the Accession Protocol or, as the case may be,
of the Act of Accession from that date, in particular as regards the
operation of the internal market. In this context, it is of paramount importance to
quick notification of the measures adopted by Bulgaria and Romania in the framework
of Article 53 of the Protocol of Accession or, as the case may be, of Article 53 of the
Act of Accession. The Commission may inform the Republic of Bulgaria and Romania
of the date to which it considers it convenient to receive or transmit information
specific. By the date of the signing, the Contracting Parties have received a list
that establishes the information obligations in the veterinary field.
4. The plenipotentiaries have taken note of the following statements, which will attach to the
present Final Act:
A. Common Statements of the present Member States
1. Joint Declaration on the free movement of workers: Bulgaria
2. Joint Declaration on the legumes for grain: 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 of the Commission
5. Joint Declaration on the preparations of Bulgaria and the
Romania for accession
C. Joint Declaration of various current Member States
6. Joint Declaration of the Federal Republic of Germany and the Republic
of Austria concerning the free movement of workers: Bulgaria and
Romania
D. Declaration of the Republic of Bulgaria
7. Declaration of the Republic of Bulgaria on the use of the alphabet
Cyrillic 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 a procedure for information and
consultation for the adoption of certain decisions and other measures to be taken during the
period preceding the accession, which will attach to this Final Act.
Стевенининисостистесистесистеристеристеристетететететететететететететететететететететететете
Hecho en Luxembourg, el veinticinco from April del dos thousand five.
V Lucemburku dne dvacátého dubna dva tisíce pět.
Udfærdiget i Luxembourg den femogtysells april to tusind og fire.
Geschehen zu Luxemburg am fünfundzwanzigsten April zweitausendfünf.
Kahe tuhande viienda aasta aprillikuu kahekümne viiendal päeval Luxembourgis.
Entitled Εγινε στo Λουεμβουργο, στις είκοσι πέντε Απριλίου δο χο χιλιάδες 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, divtūkstoš piektā gada divdesmit piektajā aprīlī.
Priimta du tūkstančiai penktą mettle balandžio dvidešimt penktż dienż Liuksemburge.
Kelt Luxembourgban, a kettőezer ötödik év április huszonötödik napján.
Magagraph mul fil-Lussemburgu, fil-oxidizes amsa u gated oxrin jum ta ' April tas-sena elfejn u ached amsa.
Gedaan te Luxemburg, de vijfentwintigste april tweeduizend vijf.
Sporządzono w Luksemburgu dnia dwudziestego piątego kwietnia roku dwutysięcznego
piątego.
Done in Luxembourg, in twenty-five of April two thousand and five.
Întocmit la Luxemburg la douăzecişicinci aprilie anul două mii cinci.
V Luxembourgu, petindvajsetega aprila leta dva tisoč pet.
V Luxemburgu dňa dvadsiateho piateho apríla dvetisícpäcited.
Tehty Luxemburgissa kahdentenakymmenentenäviidentenä päivänä huhtikuuta vuonna
kaksituhattaviisi.
Som skedde i Luxemburg den tjugofemte april tjugohundrafem.
II. DECLARATIONS
A. STATEMENTS COMMON BY THE PRESENT MEMBER STATES
1. JOINT STATEMENT
ON THE FREE MOVEMENT OF WORKERS: BULGARIA
The European Union stresses the strong principles of differentiation and flexibility of the
provisions relating to the free movement of workers. The Member States
will make efforts to grant Bulgarian nationals a more extensive access to the
labour market, under the national legislation, with a view to speeding up the
harmonisation with the acquis communautaire. Consequently, the opportunities for
employment in the European Union for Bulgarian nationals are expected to increase
substantially with the accession of Bulgaria. In addition, the EU Member States
will make the best use of the proposed provisions to advance the most rapidly
possible for the full application of the acquis in the field of free movement of
workers.
2. JOINT STATEMENT
ON THE LEGUMES FOR GRAIN: BULGARIA
As far as the grain legumes are concerned, a surface has been taken into account
of 18047 ha for the calculation of the national maximum limit of Bulgaria in Annex VIII A of the
Regulation (EC) No 1782/2003 of September 29, 2003 (OJ L 270, 10/21/2003,
p. 1).
3. JOINT STATEMENT
ON THE FREE MOVEMENT OF WORKERS: ROMANIA
The European Union stresses the strong principles of differentiation and flexibility of the
provisions relating to the free movement of workers. The Member States
will make efforts to grant Romanian nationals a more extensive access to the
labour market, under the national legislation, with a view to speeding up the
harmonisation with the acquis communautaire. Consequently, the opportunities for
employment in the European Union for Romanian nationals are expected to increase
substantially with the accession of Romania. In addition, the EU Member States
will make the best use of the proposed provisions to advance the most rapidly
possible for the full application of the acquis in the field of free movement of
workers.
4. JOINT STATEMENT
ON RURAL DEVELOPMENT: BULGARIA AND ROMANIA
With regard to commitment appropriations for rural development
coming from the EAGF-Section Guarantee-for Bulgaria and Romania during the
triennial period 2007-2009 referred to in Article 34 (2) of the Protocol of Accession and
in Article 34 (2) of the Act of Accession, the Union notes that they can provide for the
following appropriations:
(EUR million, at prices of 2004)
2007 2008 2009 2007-2009
Bulgaria 183244306733
Romania 577770961 2308
Total 760 1014 1267 3041
The allocations allocated to the rural development of Bulgaria and Romania, outdated
the triennial period 2007-2009, will be based on the application of the existing rules or the
rules arising from reforms of the policies that have meanwhile been verified.
B. JOINT STATEMENT
OF THE PRESENT MEMBER STATES AND OF THE COMMISSION
5. JOINT STATEMENT
ON THE PREPARATIONS OF BULGARIA AND ROMANIA FOR THE
ACCESSION
The European Union will continue to monitor the preparations of Bulgaria and the
Romania and the progress achieved, including the effective implementation of the
commitments made in all areas of the acquis.
The European Union recalls the Conclusions of the Presidency of the European Council of 16
and December 17, 2004, in particular sections 8 and 12, in which it is stressed that it will be
given special attention to preparations in the fields of justice and home affairs,
competition and environment, in the case of Romania, and in the fields of justice and affairs
internal, in the case of Bulgaria. The Commission will continue to submit annual reports
on the progress made by Bulgaria and Romania in the direction of accession,
along with recommendations, if appropriate. The European Union recalls that they will be
provided for in the safeguard clauses measures to solve serious problems that
may arise, as the case may be, prior to accession or in the three years after accession.
C. JOINT STATEMENT
OF VARIOUS CURRENT MEMBER STATES
6. JOINT STATEMENT
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 relating to the free movement of
workers under Directive 96 /71/CE, in Annexes VI and VII to both the Protocol
of Accession as of the Act is interpreted by the Federal Republic of Germany and the
Republic of Austria, in agreement with the Commission, in the sense that the expression
"certain regions" may, where necessary, also include the whole of
national territory.
D. DECLARATION OF THE REPUBLIC OF BULGARIA
7. DECLARATION OF THE REPUBLIC OF BULGARIA
ON THE USE OF THE CYRILLIC ALPHABET IN THE EUROPEAN UNION
With the recognition of the Bulgarian as an authentic language of the Treaties and as a language
officer and work to be used by the European institutions, the Cyrillic alphabet
will henpart up to be one of three alphabets officially used in the European Union. This
substantial element of the cultural heritage of Europe represents a contribution
specific Bulgarian for 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
taking place during the period preceding the accession
Letter No 1
Exmo. Sir,
I have the honour to refer to the issue of the information and consultation procedure
for the adoption of certain decisions and other measures to be taken during the period that
precedes the accession of the country of V. you to the European Union. That question was raised in the
scope of the accession negotiations.
I have the honour to confirm that the European Union can give its agreement to that
procedure, in the terms set out in the Annex to this letter, which may be
applied from October 1, 2004.
I would very much thank you if you would deign to confirm the agreement of the Vosso Government as to
the content of this letter.
I present you with the protests of my highest regard.
Letter No 2
Exmo. Sir,
I have the honour to acknowledge the receipt of the letter of V. Exa., of the following content:
" I have the honour to refer to the issue of the information procedure and the
consultation for the adoption of certain decisions and other measures to be taken during the
period that precedes the accession of the country of V. you to the European Union. That question
has been raised in the framework of the accession negotiations.
I have the honour to confirm that the European Union can give its agreement to that
procedure, in the terms set out in the Annex to this letter, which may be
applied from October 1, 2004.
I would very much thank you if you would deign to confirm the agreement of the Vosso Government
as to the content of this letter. "
I have the honour to confirm the agreement of the Government of my country as to the content of the
gift letter.
I present you with the protests of my highest regard.
ANNEX
Information and consultation procedure
for the adoption of certain decisions and other measures
taking place during the period preceding the accession
I.
1. In order to ensure that the Republic of Bulgaria and Romania, hereinafter referred to
"acceding states", are kept correctly informed, all the
proposals, communications, recommendations or initiatives that may result
decisions of the institutions or bodies of the European Union will be brought to
knowledge of the acceding States after transmission to the Council.
2. Consultations shall take place upon reasoned request of a State
adherent, of which they should explicitly state the interests of that State as
future member of the Union, as well as its observations.
3. Administrative decisions shall not generally give rise to consultations.
4. Consultations shall be held within the framework of a Interim Committee composed of
representatives of the Union and the acceding States. Unless substantiated objection from
an acceding State, consultations may also take place in the form of an exchange
of messages by electronic means, in particular with regard to the Policy
External and Common Security.
5. On the part of the Union, the members of the Interim Committee shall be the members of the Committee
of Permanent Representatives or persons by them designated for the purpose. If
necessary, the members may be the members of the Political and the
Security. The Commission will be invited to make themselves represented in these proceedings.
6. The Interim Committee shall be assisted by a secretariat, which shall be the same as the
Conference, held in functions for the purpose.
7. Consultations shall take place, as a rule, as soon as the preparatory work
developed at the Union level, with a view to the approval of decisions or
common positions of the Council, have allowed to define common guidelines that
enable the effective organization of these consultations.
8. If, after the consultations, serious difficulties persist, the matter may be discussed
the ministerial level, at the request of an acceding State.
9. The previous provisions apply mutatis mutandis to the decisions of the Council of
Governors of the European Investment Bank.
10. The above procedure is also applicable to any decision to be made
by the acceding States that may have incidence in the commitments resulting from the
its quality of future members of the Union.
II.
11. The Union and the Republic of Bulgaria and Romania shall take the necessary measures
so that its adherence to the agreements or conventions referred to in paragraph 3 of the
Article 3 and Article 6 (2) and 6 of the Protocol on Conditions and Rules
of Admission of the Republic of Bulgaria and Romania to the European Union and the n. 3
of Article 3 and Article 6 (2) and (6) of the Act on Conditions and Rules of
Accession of the Republic of Bulgaria and Romania coinced, as far as possible and
in the conditions laid down in that Protocol and in that Act, with the entry into force of the
Treaty of Accession.
12. If agreements or conventions between Member States are only in phase
of project and cannot probably be signed during the period that
precedes the accession, candidate states will be invited to join, after the
signature of the Treaty of Accession and in accordance with the appropriate procedures, à
elaboration of these projects in a constructive spirit and so as to facilitate their
celebration.
13. With regard to the negotiation with the co-contracting countries of the protocols to
referred to in the second subparagraph of Article 6 (2) of the Protocol on the
Conditions and Rules of Admission of the Republic of Bulgaria and Romania to the Union
European and the second subparagraph of Article 6 (2) of the Act on the
Conditions of Accession of the Republic of Bulgaria and Romania, the representatives
of the acceding States will be associated with the work in the quality of
observers, on par with the representatives of the current Member States.
14. Some of the non-preferential agreements entered into by the Community and which
remain in effect after the date of accession may be the subject of adaptations
or adjustments to take into account the enlargement of the Union. These adaptations or
adjustments will 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. Institutions shall, in due course, draw up the texts to which they refer to
articles 58 and 60 of the Protocol on the Conditions and Rules of Admission of the
Republic of Bulgaria and Romania to the European Union and Articles 58 and 60 of the
Act on the Conditions of Accession of the Republic of Bulgaria and Romania.
For this purpose, the Governments of the Republic of Bulgaria and Romania will provide
timely to the institutions the translations of those texts.
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