
COUNCIL AND COMMISSION DECISION of 18 April 2005 on the conclusion of the Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union (2005/430/EC, Euratom) 

THE COUNCIL OF THE EUROPEAN UNION,
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of Article 300(2), first subparagraph and the second subparagraph of Article 300(3) thereof,
Having regard to the Treaty establishing the European Atomic Energy Community,
Having regard to the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (hereinafter referred to as the new Member States) to the European Union, and in particular Article 6(2) of the Act concerning the conditions of accession annexed to that Treaty,
Having regard to the proposal from the Commission,
Having regard to the assent of the European Parliament,
Whereas:

(1) The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part (hereinafter referred to as the Europe Agreement), entered into force on 1 February 1995.

(2) The Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union (hereinafter referred to as Treaty of Accession) entered into force on 1 May 2004.

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

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

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

(6) The Additional Protocol should therefore be approved,
HAVE DECIDED AS FOLLOWS:

Article 1 
The Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Pola nd, the Republic of Slovenia, and the Slovak Republic to the European Union is hereby approved.
The text of the Additional Protocol is attached to this Decision.
Article 2 
The Commission shall adopt detailed rules for the implementation of the Additional Protocol in accordance with the procedure referred to in Article 4(2).
Article 3 

1. The order numbers as attributed to the tariff quotas in the Annex to this Decision may be changed by the Commission in accordance with the procedure referred to in Article 4(2). Tariff quotas with an order number above 09.5100 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code.
2. Quantities of goods subject to tariff quotas and released for free circulation as from 1 July 2004 under the concessions provided for in Annex A(b) of the Protocol approved under Decision 2003/286/EC shall be fully counted against the quantities provided for in the fourth column in Annex A(b) to the Additional Protocol attached to this Decision, except for quantities for which import licences were issued before 1 July 2004.
Article 4 

1. The Commission shall be assisted by the Management Committee for Sugar as set up by Article 42 of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector or, where appropriate, by the committee set up by the relevant provisions of the other Regulations on the common organisation of agricultural markets.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its Rules of Procedure.
Article 5 
The President of the Council is hereby authorised to designate the person empowered to sign the Additional Protocol on behalf of the European Community.
Article 6 
The President of the Council shall, on behalf of the European Community and its Member States, give the notification provided for in Article 9 of the Additional Protocol. The President of the Commission shall give such notification on behalf of the European Atomic Energy Community.
ANNEX
Order numbers for EU tariff quotas for products originating in Bulgaria
(as referred to in Article 3)

Quota Order No CN code Description
09.4783 0102 90 050102 90 210102 90 290102 90 410102 90 49 Live bovine animals
09.4651 02010202 Meat of bovines, fresh, chilled or frozen
09.4671 ex 0203 Meat of domestic swine, fresh, chilled or frozen
0210 110210 120210 19 Meat of swine, salted, in brine, dried or smoked
1601 00 Sausages and similar products
1602 411602 421602 49 Prepared and preserved meat, meat offal or blood of swine
09.5854 ex 0207 Meat and edible offal, of the poultry of heading 0105, excluding 0207 27 91, 0207 35 91, 0207 36 89
09.4773 0402 100402 21 Milk and cream, in powder or other solid forms
09.4675 0403 10 11 Yoghurt, not flavoured nor containing added fruits, nuts or cocoa
0403 10 130403 10 190403 10 310403 10 330403 10 39 Other, not flavoured nor containing added fruits, nuts or cocoa
09.4660 0406 Cheese and curd
09.5891 0407 00 30 Eggs of poultry, in shell, not for hatching
09.6225 0702 00 00 Tomatoes
09.5938 ex 0707 00 05 Cucumbers
— for processing
09.6231 ex 0707 00 05 Cucumbers, fresh or chilled
— other than for processing
09.4725 0711 51 002003 10 202003 10 30 Mushroom of the genus Agaricus
09.6247 0808 10 Apples, other than cider apples
09.4676 10011109 00 00 Wheat and meslinWheat gluten
09.5893 1002 00 00 Rye
1102 10 00 Rye flour
1103 19 10 Rye groats and meal
1003 20 10 Rye pellets
09.5894 1003 00 Barley
1102 90 10 Barley flour
1103 19 30 Barley groats and meal
1103 20 20 Barley pellets
09.5895 1004 00 00 Oats
1102 90 30 Oats flour
1103 19 40 Groats and meal of oats
1103 20 30 Pellets of oats
09.4677 1005 10 901005 90 00 Maize
09.5941 1006 30 Rice, semi-milled or wholly milled
09.6277 1602 321602 39 Prepared or preserved meat of poultry
09.4784 1602 50 Other prepared or preserved meat, meat offal or blood, of bovine animals
09.5902 1701 Sugar
1702 Other sugars