2008/74/EC: Council Decision of 9 October 2007 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 Republic of Bulgaria and Romania to the European Union

The signing of 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 Republic of Bulgaria and Romania to the European Union, is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Additional Protocol. The text of the Additional Protocol is attached to this Decision.

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 Republic of Bulgaria and Romania to the European Union, subject to its conclusion.

The European Community and its Member States shall apply provisionally the terms of the Additional Protocol from 1 January 2007, subject to its possible conclusion at a later date.

The Republic of Bulgaria and Romania (hereinafter referred to as the new Member States) hereby become Contracting Parties to the TDCA and shall, in the same manner as the other Member States of the Community, respectively adopt and take note of the texts of the Agreement, as well as the Annexes, Protocols and Declarations attached thereto.

Article 108 of the TDCA shall be replaced by the following: This Agreement is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, 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.’

4 ‘4. EUR.1 movement certificates issued retrospectively must be endorsed with one of the following phrases: BG “ИЗДАДЕН ВПОСЛЕДСТВИЕ” 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” RO “EMIS 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: BG “ДУБЛИКАТ” 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” RO “DUPLICAT” SL “DVOJNIK” SK “DUPLIKÁT” FI “KAKSOISKAPPALE” SV “DUPLIKAT”;’

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.

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 January 2007.

This Protocol is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, 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.