Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the 2005 Act of Accession, and in particular Article 3(4) thereof,

Having regard to the recommendation from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

Convention 90/436/EEC of 23 July 1990, on the elimination of double taxation in connection with the adjustment of profits of associated enterprises^f1 (the Arbitration Convention) was signed at Brussels on 23 July 1990 and entered into force on 1 January 1995.

The Arbitration Convention was amended by a Protocol^f2 signed on 25 May 1999 and which entered into force on 1 November 2004, the Convention of 21 December 1995^f3 signed on 21 December 1995, and the Convention of 8 December 2004^f4 signed on 8 December 2004.

Article 3(3) of the 2005 Act of Accession provides that Bulgaria and Romania accede to the conventions and protocols concluded between the Member States listed in Annex I to the 2005 Act of Accession. That Annex, as supplemented by Council Decision 2008/493/EC of 23 June 2008^f5 amending Annex I to the Act of Accession of Bulgaria and Romania, includes the Arbitration Convention, the Protocol signed on 25 May 1999, the Convention of 21 December 1995 and the Convention of 8 December 2004. They are to enter into force in relation to Bulgaria and Romania on the date determined by the Council.

In accordance with Article 3(4) of the 2005 Act of Accession the Council is to make all adjustments required by reason of accession to those Conventions and Protocol,

HAS DECIDED AS FOLLOWS: