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L 107/164 EN Official Journal of the 28.4.2009

COUNCIL AND COMMISSION

COUNCIL AND COMMISSION DECISION of 26 February 2009 on the conclusion of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of and Romania to the European Union (2009/331/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION (2) The Protocol should be concluded, AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European HAVE DECIDED AS FOLLOWS: Community, and in particular Article 310 in conjunction with the second sentence of Article 300(2), first subparagraph, and the second subparagraph of Article 300(3) thereof, Article 1 The Protocol to the Stabilisation and Association Agreement Having regard to the Treaty establishing the European Atomic between the European Communities and their Member States, , and in particular the second paragraph of of the one part, and the Republic of Albania, of the other part, Article 101 thereof, to take account of the accession of the Republic of Bulgaria and Romania to the European Union is hereby approved on behalf Having regard to the Act of Accession of Bulgaria and Romania of the European Community, the European Atomic Energy and in particular Article 6(2) thereof, Community and the Member States.

Having regard to the proposal from the Commission, Article 2 Having regard to the assent of the , The President of the Council shall, on behalf of the European Community and its Member States, deposit the instruments of Having regard to the Council’s approval pursuant to Article 101 approval provided for in Article 11 of the Protocol. The of the Treaty establishing the European Atomic Energy President of the Commission shall simultaneously deposit Community, these instruments on behalf of the European Atomic Energy Community. Whereas:

(1) The Protocol to the Stabilisation and Association Done at Brussels, 26 February 2009. Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, has been signed on behalf of the For the Council For the Commission European Community and the Member States on The President The President 19 November 2008 in accordance with Council Decision 2009/330/EC ( 1 ). I. LANGER José Manuel BARROSO

( 1 ) See page 1 of this Official Journal.