COUNCIL DECISION

of 21 November 2005

on the conclusion of a Protocol amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, on a tariff quota for the imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community

(2005/914/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) On 28 February 2005 the Council authorised the Commission to enter into negotiations with the former Yugoslav Republic of Macedonia to amend the preferential arrangements as regards imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community under the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (1) (hereinafter referred to as the SAA).

(2) These negotiations have been successfully concluded and the Protocol amending the SAA should be concluded by the Community.

(3) The measures necessary for the implementation of this Protocol should be adopted by the Commission in accordance with the same procedure as that provided for as regards the implementation of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (2),

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, on a tariff quota for the imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol in order to bind the Community.

Article 3

The Commission shall adopt the detailed rules for implementing the Protocol in accordance with the procedure as laid down in Article 42 of Regulation (EC) No 1260/2001.

Done at Brussels, 21 November 2005.

For the Council

The President

J. STRAW

(1)

OJ L 84, 20.3.2004, p. 13

(2)

OJ L 178, 30.6.2001, p. 1

. Regulation as last amended by Commission Regulation (EC) No 39/2004 (

OJ L 6, 10.1.2004, p. 16

PROTOCOL

amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, on a tariff quota for the imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community

THE EUROPEAN COMMUNITY,

hereinafter referred to as ‘the Community’,

of the one part, and

THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,

of the other part,

Whereas:

(1) The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, (hereinafter referred to as the ‘SAA’) was signed in Luxembourg on 9 April 2001 and entered into force on 1 April 2004.

(2) Negotiations have taken place to alter the preferential arrangements in the SAA with regard to imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community.

(3) Appropriate amendments to the SAA should be adopted,

HAVE AGREED AS FOLLOWS:

Article 1

The SAA is hereby amended as follows:

Article 27 shall be amended as follows:

(a) the first subparagraph of paragraph 1 shall be replaced by the following:

‘1. The Community shall abolish the custom duties and charges having equivalent effect on imports of agricultural products originating in the former Yugoslav Republic of Macedonia, other than those of heading Nos 0102, 0201, 0202, 1701, 1702 and 2204 of the Combined Nomenclature.’;

(b) the following subparagraph shall be added to paragraph 2:

‘The Community shall apply duty-free access on import into the Community for products originating in the former Yugoslav Republic of Macedonia of headings 1701 and 1702 of the Combined Nomenclature, within the limit of an annual tariff quota of 7 000 tonnes (net weight).’

In the table in Annex I to Protocol 3, the references to products falling under heading 1702 of the Combined Nomenclature shall be deleted.

Article 2

This Protocol shall form an integral part of the SAA.

Article 3

This Protocol shall enter into force on the first day of the month following the date of signature.

Article 4

This Protocol shall be drawn up in duplicate in each of the official languages of the contracting parties, each of these texts being equally authentic.

Done at Brussels, 21 November 2005.

For the European Community

For the former Yugoslav Republic of Macedonia

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, on a tariff quota for the imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community

Brussels, 13 December 2005

H. E. Mr Sasko STEFKOV

Ambassador

Head of the Mission of the former Yugoslav Republic of Macedonia to the European Union

Dear Sir,

I have the honour to propose that, if it is acceptable to your Government, this letter and your confirmation shall together take the place of signature of the Protocol amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, on a tariff quota for the imports of sugar products originating in the former Yugoslav Republic of Macedonia into the Community.

The text of the aforementioned Protocol, herewith annexed, has been approved by Decision of the Council of the European Union on 21 November 2005. In accordance with its Article 3 this Protocol shall therefore enter into force on the first day of the month following the date on which the Council receives your letter of confirmation.

Please accept, Sir, the assurance of my highest consideration.

For the European Community

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Brussels, 13 December 2005

Dear Sirs,

I have the honour to acknowledge receipt of your letter regarding the signature of the Protocol amending the Stabilization and Association Agreement between the European Communities and their Member States and the Republic of Macedonia on a tariff quota for the import of sugar and sugar products originating in the Republic of Macedonia into the Community.

I confirm the acceptance of my Government that this letter and your letter shall together take place of the signature of the Protocol.

We note that the Protocol has been approved by Decision of the Council of the European Union on 21 November 2005 and that in accordance with its Article 3 this Protocol shall enter into force on the first day of the month following the date on which the Council receives our letter of confirmation.

However, I declare that the Republic of Macedonia does not accept the denomination used for my country in the abovementioned Protocol, having in view that the constitutional name of my country is the Republic of Macedonia.

Please accept, Sirs, the assurances of my highest consideration.

Ambassador,

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Saško Stefkov

Brussels, 13 December 2005

H. E. Mr Sasko STEFKOV

Ambassador

Head of the Mission of the former Yugoslav Republic of Macedonia to the European Union

Av. Louise 209 A

1050 — BRUSSELS

Dear Sir,

I have the honour to acknowledge receipt of your letter of today's date.

The European Union notes that the Exchange of Letters between the European Union and the Former Yugoslav Republic of Macedonia, which takes the place of signature of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the Protocol amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, on a tariff quota for the imports of sugar and sugar products originating in the former Yugoslav Republic of Macedonia into the Community, has been accomplished and that this cannot be interpreted as acceptance or recognition by the European Union in whatever form or content of a denomination other than the ‘former Yugoslav Republic of Macedonia’.

Please accept, Sir, the assurance of my highest consideration.

For the European Community

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