2005/206/EC: Council Decision of 28 February 2005 on the signing and provisional application of an additional protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, 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

The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the Community and its Member States, the Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, 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. The text of the Additional Protocol is attached to this Decision.

The Additional Protocol shall be applied provisionally subject to its conclusion.

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’) hereby become Contracting Parties to the TDCA and shall respectively adopt and take note, in the same manner as the other Member States of the Community, of the texts of the Agreement, as well as of the Annexes, Protocols and Declarations attached thereto.

Article 108 of the TDCA is replaced by the following: This Agreement is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovenian, Slovak, Spanish and Swedish languages and the official languages of South Africa, other than English, namely Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, isiNdebele, isiXhosa and isiZulu, each of these texts being equally authentic.’ .

In List 6 of Annex IV to the TDCA, the tariff quotas for global prepared fruit and for global mixed prepared fruit shall be increased by 1 225 tonnes and 340 tonnes, respectively.

4 ‘4. Movement certificates EUR.1 issued retrospectively must be endorsed with one of the following phrases: ES “EXPEDIDO A POSTERIORI” CS “VYSTAVENO DODATEČNĚ” DA “UDSTEDT EFTERFØLGENDE” DE “NACHTRÄGLICH AUSGESTELLT” ET “TAGANTJÄRELE VÄLJA ANTUD” EL “ΕΚΔΟΘΕΝ ΕΚ ΤΩΝ ΥΣΤΕΡΩΝ” EN “ISSUED RETROSPECTIVELY” FR “DÉLIVRÉ A POSTERIORI” IT “RILASCIATO A POSTERIORI” LV “IZSNIEGTS RETROSPEKTĪVI” LT “RETROSPEKTYVUSIS IŠDAVIMAS” HU “KIADVA VISSZAMENŐLEGES HATÁLLYAL” MT “MAĦRUĠ RETROSPETTIVAMENT” NL “AFGEGEVEN A POSTERIORI” PL “WYSTAWIONE RETROSPEKTYWNIE” PT “EMITIDO A POSTERIORI” SL “IZDANO NAKNADNO” SK “VYDANÉ DODATOČNE” FI “ANNETTU JÄLKIKÄTEEN” SV “UTFÄRDAT I EFTERHAND”’

2 ‘2. The duplicate issued in this way must be endorsed with one of the following words: ES “DUPLICADO” CS “DUPLIKÁT” DA “DUPLIKAT” DE “DUPLIKAT” ET “DUPLIKAAT” EL “ΑΝΤΙΓΡΑΦΟ” EN “DUPLICATE” FR “DUPLICATA” IT “DUPLICATO” LV “DUBLIKĀTS” LT “DUBLIKATAS” HU “MÁSODLAT” MT “DUPLIKAT” NL “DUPLICAAT” PL “DUPLIKAT” PT “SEGUNDA VIA” SL “DVOJNIK” SK “DUPLIKÁT” FI “KAKSOISKAPPALE” SV “DUPLIKAT”’

The Republic of South Africa undertakes that it shall not make any claim, request or referral nor modify or withdraw any concession pursuant to GATT Articles XXIV.6 and XXVIII in relation to the enlargement of the Community. Until the end of July 2004, the Community would, however, be willing to consider holding further consultations under Article 22(2) of the TDCA.

1 The provisions of the Agreement shall be applied to goods exported from either South Africa to one of the new Member States or from one of the new Member States to South Africa, which comply with the provisions of Protocol 1 to the TDCA and which on the date of accession are either en route or in temporary storage, in a customs warehouse or in a free zone in South Africa or in that new Member State.

2 Preferential treatment shall be granted in such cases, subject to the submission to the customs authorities of the importing country, within four months from the date of accession, of a proof of origin issued retrospectively by the customs authorities of the exporting country.

For the year 2004, the increases in the volumes of existing tariff quotas shall be calculated as a pro rata of the basic volumes, taking into account the part of the period elapsed before 1 May 2004.

This Protocol shall form an integral part of the TDCA.

1 This Protocol shall be approved by the Community, by the Council of the European Union on behalf of the Member States, and by the Republic of South Africa in accordance with their own procedures.

2 The Contracting Parties shall notify each other of the accomplishment of the corresponding procedures referred to in paragraph 1. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.

1 This Protocol shall enter into force on the first day of the first month following the date of deposit of the last instrument of approval.

2 This Protocol shall apply provisionally as from 1 May 2004.

This Protocol is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovenian, Slovak, Spanish and Swedish languages and the official languages of South Africa, other than English, namely Sepedi, Sesotho, Setswana, siSwati, Tshivenda, Xitsonga, Afrikaans, isiNdebele, isiXhosa and isiZulu, each of these texts being equally authentic.