L2774 Official Journal of the European Union 9.10.2006 COUNCIL DECISION of 19 June 2006 adapting Annex VIII to the Act of Accession of Bulgaria and Romania (2006/664[EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty of Accession of Bulgaria and Roma- nia, signed at Luxembourg on 25 April 2005, and in particular Article 4(3) thereof, Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 34(4) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Whereas: 1 Council Regulation (EC) No 1698/2005 of 20 Septem- ber 2005 on support for rural development by the Euro- pean Agricultural Fund for Rural Development (EAFRD) (3) introduces changes to the acquis on which the accession negotiations with Bulgaria and Romania were based. There is therefore a need to adapt the Act of Accession of Bulgaria and Romania so that it is compatible with Regu- lation (EC) No 1698/2005. In making the necessary adaptations to the Act of Acces- sion of Bulgaria and Romania the fundamental character and principles of the negotiation results should be main- tained and applied to new elements. Moreover, the adap- tations to the Act of Accession should be limited to what is absolutely necessary. The ‘semi-subsistence’ and ‘producer group’ measures pro- vided for in Annex VIII to the Act of Accession of Bul- garia and Romania are covered by Regulation (EC) No 1698/2005 as transitional measures for Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hun- gary, Malta, Poland, Romania, Slovenia and Slovakia. Therefore, the provisions set out in the Act of Accession of Bulgaria and Romania in these areas should be deleted. (") Not yet published in the Official Journal. (3 OJ L 277, 21.10.2005, p. 1. Regulation as amended by Regulation (EC) No 1463/2006 (see page 1 of this Official Journal). ©) The provisions on technical assistance provided for in Annex VIII to the Act of Accession of Bulgaria and Roma- nia are covered by Regulation (EC) No 1698/2005 and should consequently be deleted. Regulation (EC) No 1698/2005 establishes a compulsory Leader axis within the rural development programme, which must account for a minimum percentage of EAFRD contribution to the programme. In addition, Article 59 of that Regulation establishes a measure aimed at support- ing capacity building, which differs from the arrangements that were negotiated for Bulgaria and Romania. Therefore it is necessary to harmonise the provisions on Leader set out in Annex VIII to the Act of Accession of Bulgaria and Romania with the new provisions provided for in Regula- tion (EC) No 1698/2005. Regulation (EC) No 1698/2005 provides for a support for the use of advisory services. However, there are differences between the Act of Accession of Bulgaria and Romania and that Regulation in the scope of that measure. So as to avoid, notably, double financing, for the three first years of the programme, Bulgaria and Romania should be given the choice of implementing either the measure provided for in Annex VIII to the Act of Accession or the measure provided for in Regulation (EC) No 1698/2005. Furthermore, when reaching political agreement on Regu- lation (EC) No 1698/2005, the Council and the Commis- sion agreed in a joint declaration regarding Bulgaria and Romania to extend the measure on advisory services pro- vided for in Annex VIII to the Act of Accession of Bul- garia and Romania until 2013 as regards the provision of advisory services to farmers receiving semi-subsistence support. Annex VIII to the Act of Accession should be adapted to take this agreement into account. Given that Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricul- tural policy (3) has established a single Fund for Commu- nity support for rural development replacing the previous two sources of funding, it is necessary to clarify the basis on which the 20 % ceiling specified in the complement to direct payments measure provided for in point E of Sec- tion I of Annex VIII to the Act of Accession of Bulgaria and Romania should be calculated. (}) OJ L 209, 11.8.2005, p. 1. Regulation as amended by Regulation (EC) No 320/2006 (O] L 58, 28.2.2006, p. 42).