10.2.2011 Official Journal of the European Union L 36/1 (Non-legislative acts) INTERNATIONAL AGREEMENTS COUNCIL DECISION of 18 January 2011 on the signing, on behalf of the European Union, and provisional application of the Protocol extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra (2011/90/EU) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof, Having regard to the proposal from the European Commission, Whereas: () On 16 February 2009, the Council authorised the Commission to open negotiations with the Principality of Andorra on a Protocol extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra (hereinafter ‘the Protocol). The Agreement was concluded on 28 June 1990. (20 The Commission and the Principality of Andorra have completed the negotiations by initialling the Protocol. (3)  The Protocol should be signed. (4)  Pending the completion of the procedures for its conclusion, the Protocol should be applied on a provi- sional basis as from 1 January 2011, which is the date of the last stage of application of the customs security measures introduced in 2005 and 2006 respectively by the amendment of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (') and of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (?). () OJ L 302, 19.10.1992, p. 1. (3 OJ L 253, 11.10.1993, p. 1. (5)  In order to ensure such provisional application of the Protocol, this Decision should apply from 1 January 2011, HAS ADOPTED THIS DECISION: Article 1 The signing of the Protocol extending to customs security measures the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra (hereinafter ‘the Protocol’) is hereby approved on behalf of the Union subject to conclusion of the said Protocol. The text of the Protocol is attached to this Decision. Article 2 The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union subject to its conclusion. Article 3 The Protocol shall apply on a provisional basis as from 1 January 2011, or from a later date agreed between the Union and the Principality of Andorra, in accordance with Article 3(3) thereof. The Commission is hereby authorised to agree, on behalf of the Union, on such a later date for provisional application of the Protocol.