(1)

Article 128 of the Agreement stipulates that any European State becoming a member of the Community shall apply to become a Party to the Agreement, and that the terms and conditions for such participation shall be subject to an agreement between the Contracting Parties and the applicant State.

(2)

Following successful conclusion of the Community enlargement negotiations, the Republic of Bulgaria and Romania (New Contracting Parties) submitted applications to become parties to the Agreement.

(3)

The Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area (EEA Enlargement Agreement) was signed on 25 July 2007 in Brussels.

(4)

Pursuant to Article 1(2) of the EEA Enlargement Agreement, the provisions of the Agreement, as amended by the Decisions of the EEA Joint Committee adopted before 1 October 2004, shall, as from the entry into force of the EEA Enlargement Agreement, be binding on the New Contracting Parties under the same conditions as on the Present Contracting Parties, as defined in the EEA Enlargement Agreement, and under the terms and conditions laid down in the EEA Enlargement Agreement.

(5)

Since 1 October 2004, a number of EC acts have been incorporated into the Agreement through Decisions of the EEA Joint Committee.

(6)

In order to guarantee the homogeneity of the Agreement and the legal security for individuals and economic operators, these EC acts shall be binding upon the New Contracting Parties as of the entry into force of the EEA Enlargement Agreement.

(7)

Pursuant to Article 3(6) of the EEA Enlargement Agreement, where adaptations to EC acts incorporated into the Agreement prior to the date of entry into force of the EEA Enlargement Agreement are required by reason of the New Contracting Parties' participation in the European Economic Area, and those adaptations have not been provided for in the EEA Enlargement Agreement, those adaptations will be addressed in accordance with the procedures laid down in the Agreement.

(8)

Pursuant to Article 4(3) of the EEA Enlargement Agreement, any of the arrangements of relevance for the Agreement referred to in or adopted on the basis of the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded (1) (Act of Accession of 25 April 2005) which is not in the EEA Enlargement Agreement, will be addressed in accordance with the procedures laid down in the Agreement.

(9)

Pursuant to Protocol 44 to the Agreement on safeguard mechanisms pursuant to enlargements of the European Economic Area, the general decision-making procedure provided for by the Agreement shall be applicable to decisions taken by the Commission of the European Communities in application of Article 37 of the Act of Accession of 25 April 2005.

(10)

To this end, certain Protocols and Annexes to the Agreement need to be amended.

(11)

The amendments to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (2) provided for by the Act of Accession of 25 April 2005 are to be made part of the Agreement.

(12)

Commission Regulation (EC) No 1792/2006 of 23 October 2006 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement of persons, competition policy, agriculture (veterinary and phytosanitary legislation), fisheries, transport policy, taxation, statistics, social policy and employment, environment, customs union, and external relations by reason of the accession of Bulgaria and Romania (3) is to be incorporated into the Agreement.

(13)

Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania (4) is to be incorporated into the Agreement.

(14)

Commission Regulation (EC) No 2016/2006 of 19 December 2006 adapting several regulations concerning the common organisation of the market in wine by reason of the accession of Bulgaria and Romania to the European Union (5) is to be incorporated into the Agreement.

(15)

Commission Regulation (EC) No 1962/2006 of 21 December 2006 in application of Article 37 of the Act of Accession of Bulgaria to the European Union (6), as corrected by OJ L 47, 16.2.2007, p. 8, is to be incorporated into the Agreement.

(16)

Commission Directive 2006/80/EC of 23 October 2006 adapting certain directives in the field of energy, by reason of the accession of Bulgaria and Romania (7) is to be incorporated into the Agreement.

(17)

Commission Directive 2006/81/EC of 23 October 2006 adapting Directive 95/17/EC as regards the non-inclusion of one or more ingredients on the list used for the labelling of cosmetic products and Directive 2005/78/EC as regards the measures to be taken against the emission of gaseous and particulate pollutants from engines for use in vehicles, by reason of the accession of Bulgaria and Romania (8) is to be incorporated into the Agreement.

(18)

Commission Directive 2006/82/EC of 23 October 2006 adapting Directive 91/321/EEC on infant formulae and follow-on formulae and Directive 1999/21/EC on dietary foods for special medical purposes, by reason of the accession of Bulgaria and Romania (9) is to be incorporated into the Agreement.

(19)

Commission Directive 2006/83/EC of 23 October 2006 adapting Directive 2002/4/EC on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC, by reason of the accession of Bulgaria and Romania (10) is to be incorporated into the Agreement.

(20)

Council Directive 2006/96/EC of 20 November 2006 adapting certain Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania (11) is to be incorporated into the Agreement.

(21)

Council Directive 2006/97/EC of 20 November 2006 adapting certain Directives in the field of free movement of goods, by reason of the accession of Bulgaria and Romania (12) is to be incorporated into the Agreement.

(22)

Council Directive 2006/99/EC of 20 November 2006 adapting certain Directives in the field of company law, by reason of the accession of Bulgaria and Romania (13) is to be incorporated into the Agreement.

(23)

Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of free movement of persons, by reason of the accession of Bulgaria and Romania (14) is to be incorporated into the Agreement.

(24)

Council Directive 2006/101/EC of 20 November 2006 adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of freedom to provide services, by reason of the accession of Bulgaria and Romania (15) is to be incorporated into the Agreement.

(25)

Council Directive 2006/102/EC of 20 November 2006 adapting Directive 67/548/EEC on the classification, packaging and labelling of dangerous substances, by reason of the accession of Bulgaria and Romania (16) is to be incorporated into the Agreement.

(26)

Council Directive 2006/103/EC of 20 November 2006 adapting certain Directives in the field of transport policy, by reason of the accession of Bulgaria and Romania (17) is to be incorporated into the Agreement.

(27)

Council Directive 2006/104/EC of 20 November 2006 adapting certain Directives in the field of agriculture (veterinary and phytosanitary legislation), by reason of the accession of Bulgaria and Romania (18) is to be incorporated into the Agreement.

(28)

Council Directive 2006/105/EC of 20 November 2006 adapting Directives 73/239/EC, 74/557/EEC and 2002/83/EC in the field of environment, by reason of the accession of Bulgaria and Romania (19) is to be incorporated into the Agreement.

(29)

Council Directive 2006/107/EC of 20 November 2006 adapting Directive 89/108/EEC relating to quick-frozen foodstuffs for human consumption and Directive 2000/13/EC of the European Parliament and of the Council relating to the labelling, presentation and advertising of foodstuffs, by reason of the accession of Bulgaria and Romania (20) is to be incorporated into the Agreement.

(30)

Council Directive 2006/108/EC of 20 November 2006 adapting Directives 90/377/EEC and 2001/77/EC in the field of energy, by reason of the accession of Bulgaria and Romania (21) is to be incorporated into the Agreement.

(31)

Council Directive 2006/109/EC of 20 November 2006 adapting Directive 94/45/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, by reason of the accession of Bulgaria and Romania (22) is to be incorporated into the Agreement.

(32)

Council Directive 2006/110/EC of 20 November 2006 adapting Directives 95/57/EC and 2001/109/EC in the field of statistics, by reason of the accession of Bulgaria and Romania (23) is to be incorporated into the Agreement.

(33)

Commission Decision 2006/800/EC of 23 November 2006 approving the plans for the eradication of classical swine fever in feral pigs and the emergency vaccination of those pigs against that disease in Bulgaria (24) is to be incorporated into the Agreement.

(34)

Commission Decision 2006/802/EC of 23 November 2006 approving the plans for the eradication of classical swine fever in feral pigs and the emergency vaccination of those pigs and of pigs in holdings against that disease in Romania (25) is to be incorporated into the Agreement.

(35)

Commission Decision 2006/924/EC of 13 December 2006 amending Decision 2005/176/EC laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC (26) is to be incorporated into the Agreement.

(36)

Commission Decision 2006/926/EC of 13 December 2006 amending Decision 2001/881/EC as regards the list of border inspection posts in view of the accession of Bulgaria and Romania (27) is to be incorporated into the Agreement.

(37)

Commission Decision 2007/13/EC of 22 December 2006 adapting Decision 2002/459/EC as regards the additions to be made to the list of units in the Traces computer network as a result of the accession of Bulgaria and Romania (28) is to be incorporated into the Agreement.

(38)

Commission Decision 2007/16/EC of 22 December 2006 laying down transitional measures for intra-Community trade in semen, ova and embryos of the bovine, porcine, ovine, caprine and equine species obtained in Bulgaria and Romania (29) is to be incorporated into the Agreement.

(39)

Commission Decision 2007/17/EC of 22 December 2006 approving plans for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs pursuant to Council Directive 90/539/EEC (30) is to be incorporated into the Agreement.

(40)

Commission Decision 2007/18/EC of 22 December 2006 approving contingency plans for the control of foot-and-mouth disease pursuant to Council Directive 2003/85/EC (31) is to be incorporated into the Agreement.

(41)

Commission Decision 2007/19/EC of 22 December 2006 approving contingency plans for the control of classical swine fever pursuant to Council Directive 2001/89/EC (32) is to be incorporated into the Agreement.

(42)

Commission Decision 2007/24/EC of 22 December 2006 approving contingency plans for the control of avian influenza and Newcastle disease (33) is to be incorporated into the Agreement.

(43)

Commission Decision 2007/69/EC of 18 December 2006 authorising Romania to postpone the application of certain provisions of Council Directive 2002/53/EC with regard to the marketing of seed of certain varieties of agricultural plant species (34) is to be incorporated into the Agreement.

(44)

Commission Decision 2007/136/EC of 23 February 2007 laying down transitional measures for the system for the identification and registration of ovine and caprine animals in Bulgaria, as provided for in Council Regulation (EC) No 21/2004 (35) is to be incorporated into the Agreement.

(45)

Commission Decision 2007/228/EC of 11 April 2007 laying down transitional measures for the system for the identification and registration of ovine and caprine animals in Romania provided for in Council Regulation (EC) No 21/2004 (36) is to be incorporated into the Agreement.

(46)

Commission Decision 2007/329/EC of 2 May 2007 laying down transitional measures derogating from Council Directive 2002/53/EC as regards the marketing of seed of Helianthus annuus of varieties which have not been assessed as resistant to Orobanche spp., by reason of the accession of Bulgaria (37) is to be incorporated into the Agreement.

(47)

As the Agreement extends the internal market to the EFTA States, it is necessary for the good functioning of the internal market that this decision will apply and enter into force without undue delay.

(48)

As the EEA Enlargement Agreement has not yet entered into force, but is applicable on a provisional basis, this Decision will, pending the entry into force of the EEA Enlargement Agreement, apply provisionally as well,

‘—

1 2005 SA: Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded adopted on 25 April 2005 (OJ L 157, 21.6.2005, p. 203).’

1.

The following shall be added in point 7b (Council Regulation (EC) No 21/2004) in Part 1.1:

‘The transitional arrangements set out in the following acts shall apply:

2.

The following point shall be inserted after point 132 (Commission Decision 2006/968/EC) in Part 1.2:

3.

Under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ in Part 3.2, the following points shall be inserted after point 35 (Commission Decision 2007/123/EC):

4.

Under the heading ‘ACTS OF WHICH THE EFTA STATES AND THE EFTA SURVEILLANCE AUTHORITY SHALL TAKE DUE ACCOUNT’ in Part 4.2, the following point shall be inserted after point 57 (Commission Decision 2004/835/EC):

—

32007 D 0069: Commission Decision 2007/69/EC of 18 December 2006 authorising Romania to postpone the application of certain provisions of Council Directive 2002/53/EC with regard to the marketing of seed of certain varieties of agricultural plant species (OJ L 32, 6.2.2007, p. 167).

—

32007 D 0329: Commission Decision 2007/329/EC of 2 May 2007 laying down transitional measures derogating from Council Directive 2002/53/EC as regards the marketing of seed of Helianthus annuus of varieties which have not been assessed as resistant to Orobanche spp., by reason of the accession of Bulgaria (OJ L 122, 11.5.2007, p. 59).’

—

32006 R 1962: Commission Regulation (EC) No 1962/2006 of 21 December 2006 in application of Article 37 of the Act of Accession of Bulgaria to the European Union (OJ L 408, 30.12.2006, p. 8, as corrected by OJ L 47, 16.2.2007, p. 8).’