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Looks like they signed it before the EU took a common position ...
 Correspondent - The European Commission today has voiced its stance
regarding the Romanian-US accord, by which Bucharest pledges not to
extradite any US soldiers belonging to peacekeeping forces to the
International Criminal Court. A spokesman of the commission pointed
out that Romania should have waited until the European Union adopts
a joint position, which is expected to happen in September. He
emphasized that Romania was a candidate country wishing to join the
European Union, hence it would have been only normal to consult with
the latter. Moreover, the spokesman said that Brussels would contact
the Bucharest authorities to clarify the situation...

here
by Colman (colman at eurotrib.com) on Tue Sep 26th, 2006 at 12:49:43 PM EST
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