52014PC0480

EXPLANATORY MEMORANDUM

The attached proposal constitutes the legal instrument for the signature of the Accession Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, to take account of the accession of the Republic of Croatia to the European Union (hereinafter referred to as "the Protocol").

According to its Act of Accession, Croatia undertakes to accede to the international agreements signed or concluded by the European Union and its Member States by means of a protocol to those agreements.

The Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, hereinafter referred to as "the Agreement", was signed in Jakarta on 9 November 2009 and entered into force on 1 May 2014.

The Council Decision of 14 September 2012[1] authorised the Commission to open negotiations with the third countries concerned, in order to conclude the relevant protocols. The negotiations with Indonesia were successfully concluded.

The proposed Protocol incorporates the Republic of Croatia as contracting party to the Agreement. The texts of the Agreement and the Final Act in the Croatian language are annexed to the Protocol and will become authentic under the same conditions as other language versions of the Agreement.

The Protocol will apply provisionally as of the date of its signature.

The Commission considers the outcome of the negotiations satisfactory and requests the Council to authorise the signature, on behalf of the European Union and its Member States, and provisional application of the Protocol.

2014/0219 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Union and its Member States, and provisional application of the Accession Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, to take account of the accession of the Republic of Croatia to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 207 and 209, in conjunction with Article 218(5) thereof,

Having regard to the Act of Accession of the Republic of Croatia, and in particular Article 6 (2) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)       Under the terms of Article 6(2) of the Act of Accession of the Republic of Croatia, the accession of the Republic of Croatia to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part[2] ("the Agreement") is to be agreed by means of a protocol to the Agreement. In accordance with Article 6(2) of the Act of Accession, a simplified procedure is to apply to such accession, whereby a protocol is to be concluded by the Council, acting unanimously on behalf of the Member States, and by the third countries concerned.

(2)       On 14 September 2012, the Council authorised the Commission to open negotiations with the third countries concerned[3]. The negotiations were successfully concluded with the Republic of Indonesia by the initialling of the Protocol.

(3)       Article 4(3) of the Protocol provides for its provisional application as of the date of its signature.

(4)       The Protocol should be signed, subject to its conclusion at a later date and applied on a provisional basis,

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union and its Member States of the Accession Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby authorised, subject to the 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 and its Member States.

Article 3

The Protocol shall be applied on a provisional basis as of the date of its signature, pending the completion of the procedures for its conclusion.

Article 4

This Decision shall enter into force on the day of its adoption.

Done at Brussels,

                                                                       For the Council

                                                                       The President

[1]               Council Decision authorising the opening of negotiations for the adaptation of agreements signed or concluded between the European Union, or the European Union and its Member States, with one or more third countries or international organisations, in view of the accession of the Republic of Croatia to the European Union (Council doc. 13351/12 LIMITED).

[2]               OJ L 125, 26.4.2014, p. 17

[3]               Council Decision authorising the opening of negotiations for the adaptation of agreements signed or concluded between the European Union, or the European Union and its Member States, with one or more third countries or international organisations, in view of the accession of the Republic of Croatia to the European Union (Council doc. 13351/12 LIMITED)

ANNEX

to the

Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union and its Member States, and provisional application of the Accession Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, to take account of the accession of the Republic of Croatia to the European Union

ACCESSION PROTOCOL TO THE FRAMEWORK AGREEMENT ON COMPREHENSIVE PARTNERSHIP AND COOPERATION between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, to take account of the accession of the Republic of Croatia to the European Union

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

IRELAND,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

THE REPUBLIC OF CROATIA,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

HUNGARY,

THE REPUBLIC OF MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as the 'Member States', represented by the Council of the European Union, and

THE EUROPEAN UNION, hereinafter referred to as 'the European Union',

of the one part, and

THE REPUBLIC OF INDONESIA, hereinafter referred to as "Indonesia"

of the other part,

hereinafter referred to as "the Parties" for the purposes of this Protocol,

HAVING REGARD TO the accession of the Republic of Croatia to the European Union on 1 July 2013 and the Treaty concerning the accession of the Republic of Croatia to the European Union, hereinafter referred to as "the Treaty of Accession", signed in Brussels on 9 December 2011 and entered into force on 1 July 2013;

WHEREAS the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, hereinafter referred to as "the Agreement" was signed in Jakarta on 9 November 2009;

WHEREAS the Republic of Croatia undertakes to accede to the agreements concluded or signed by the European Union and its Member States with one or more third countries or with an international organization as required by Article 6 (2) of the Act concerning the condition of accession of the Republic of Croatia and the adjustment to the Treaty on European Union, the Treaty on the Functioning of the European Union and to the Treaty Establishing the European Atomic Energy Community;

HAVE AGREED AS FOLLOWS:

Article 1

The Republic of Croatia hereby accedes as a Party to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, signed in Jakarta on 9 November 2009.

Article 2

The texts of the Agreement and the Final Act in the Croatian language annexed to this Protocol shall become authentic under the same conditions as the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovene, Spanish, Swedish, Slovak and Indonesian language versions of the Agreement.

Article 3

This Protocol shall form an integral part of the Agreement.

Article 4

(1) This Protocol shall be approved by the European Union, by the Council of the European Union on behalf of the Member States and by Indonesia in accordance with their own procedures. The Parties shall notify each other of the completion of the procedures necessary for that purpose.

(2) This Protocol shall enter into force on the first day of the month following the date of the last notification of the instrument of approval.

(3) Pending its entry into force, this Protocol shall apply provisionally as of the date of its signature.

Article 5

This Protocol is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Indonesian languages, each of these texts being equally authentic.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly empowered to this effect, have signed this Protocol.

Done at …, this … day of .... in the year ..,

FOR THE EUROPEAN UNION AND ITS MEMBER STATES

FOR THE REPUBLIC OF INDONESIA