52016PC0069

EUROPEAN COMMISSION

Brussels, 18.2.2016

COM(2016) 69 final

2016/0041(NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part, to take account of the accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic to the European Union

EXPLANATORY MEMORANDUM

The attached proposal constitutes the legal instrument for the conclusion of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part, to take account of the accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic to the European Union (hereinafter referred to as 'the Protocol').

According to their Acts of Accession in 2003, 2005 and 2011 respectively, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, the Republic of Bulgaria and Romania, the Republic of Croatia shall 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 Partnership and Cooperation Agreement between the European Communities and its Member States, of the one part, and Turkmenistan, of the other part, hereinafter referred to as 'the Agreement', was signed in Brussels on 25 May 1998 (the Agreement is currently undergoing ratification and has not yet entered into force).

Following the Council Decision of [….] on the signing, on behalf of the European Union and its Member States, of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and Turkmenistan to take account of the accession of the Republic of Croatia to the European Union, the Protocol was signed in […] on [….].

The proposed Protocol incorporates the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic as contracting party to the Agreement and commits the EU to providing the authentic version of the Agreement in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Italian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish languages.

The Commission requests the Council to conclude, on behalf of the European Union and its Member States, the Protocol.

The European Parliament will be called upon to give its consent to the Protocol.

2016/0041 (NLE)

Proposal for a

COUNCIL DECISION

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(6)(a) thereof,

Having regard to the 2003 Act of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, and in particular Article 6 (2) thereof,

Having regard to the 2005 Acts of Accession of the the Republic of Bulgaria and Romania, and in particular Article 6 (2) thereof,

Having regard to the 2011 Act of Accession of the Republic of Croatia, and in particular Article 6 (2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament;

Whereas:

(1)In accordance with Article 6(2) of the 2003, 2005 and 2011 Acts of Accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic, the accession of the the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic to the Partnership and Cooperation Agreement between the European Communities and its Member States, of the one part, and Turkmenistan, of the other part ('the Agreement') is to be agreed by means of a protocol to the Agreement. In accordance with Article 6(2) of the Acts 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 8 December 2003, the Council authorised the Commission, on behalf of the Community and its Member States, to negotiate with Turkmenistan a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic,to the European Union.

(3)On 23 October 2006, the Council authorised the Commission, on behalf of the Community and its Member States, to negotiate with Turkmenistan a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

(4)On 14 September 2012, the Council authorised the Commission to open negotiations with the third countries concerned 1 on the adaptation of agreements signed or concluded between the European Union, or the European Union and its Member States, in view of the accession of the Republic of Croatia to the European Union.

(5)The negotiations were successfully concluded and the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part, to take account of the accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic to the European Union has been signed on behalf of the European Union and its Member States in […] on […].

(6)The Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1

1. The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part, to take account of the accession of the the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic to the European Union is hereby approved on behalf of the European Union and its Member States.

2. The text of the Protocol is attached to this Decision.

Article 2

The President of the Council shall designate the person empowered to give, on behalf of the European Union and its Member States, the notification provided for in Article 4(1) of the Protocol.

Article 3

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)

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EUROPEAN COMMISSION

Brussels, 18.2.2016

COM(2016) 69 final

ANNEX

to the

Proposal for a Council Decision

PROTOCOL
TO THE PARTNERSHIP AND COOPERATION AGREEMENT
BETWEEN THE EUROPEAN COMMUNITIES
AND THEIR MEMBER STATES, OF THE ONE PART,
AND TURKMENISTAN, OF THE OTHER PART,
TO TAKE ACCOUNT OF THE ACCESSION
OF THE REPUBLIC OF BULGARIA, THE CZECH REPUBLIC,
THE REPUBLIC OF ESTONIA, THE REPUBLIC OF CROATIA,
THE REPUBLIC OF CYPRUS, THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA, HUNGARY, THE REPUBLIC OF MALTA,
THE REPUBLIC OF POLAND, ROMANIA, THE REPUBLIC OF SLOVENIA
AND THE SLOVAK REPUBLIC
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, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, hereinafter referred to as the 'Member States',

and

THE EUROPEAN UNION, hereinafter referered to as the 'Union'

and

THE EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as 'Euratom'

of the one part,

AND

TURKMENISTAN

of the other part,

hereinafter referred to together as 'the Contracting Parties',

WHEREAS the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Turkmenistan of the other part, was signed in Brussels on 25 May 1998;

TAKING INTO ACCOUNT the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union on 1 May 2004, the accession of the Republic of Bulgaria and of Romania to the European Union on 1 January 2007, and the accession of the Republic of Croatia to the European Union on 1 July 2013;

WHEREAS, pursuant to Article 6(2) of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, ('the 2003 Act of Accession'), their accession to the Agreement is to be agreed by the conclusion of a protocol to the Agreement;

WHEREAS, pursuant to Article 6(2) of the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded ('the 2005 Act of Accession'), their accession to the Agreement is to be agreed by the conclusion of a protocol to the Agreement;

WHEREAS, pursuant to Article 6(2) of the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, ('the 2011 Act of Accession'), its accession to the Agreement is to be agreed by the conclusion of a protocol to the Agreement;

HAVE Agreed as follows:

ARTICLE 1

The Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic hereby accede as Parties to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part ('the Agreement') and shall respectively adopt and take note, in the same manner as the other Member States, of the texts of the Agreement, as well as of the Joint Declarations, Exchanges of Letters, and the Declaration by Turkmenistan annexed to the Final Act signed on the same date.

ARTICLE 2

After the signature of this Protocol, the Union shall communicate to its Member States and Turkmenistan the Bulgarian, Croatian, Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovak and Slovenian language versions of the Agreement. Subject to the entry into force of this Protocol, the language versions referred to in the first sentence of this Article shall become authentic under the same conditions as the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Turkmen 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 Contracting Parties, in accordance with their own procedures. The Contracting Parties shall notify each other of the completion of the procedures necessary for that purpose. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.

2. Subject to the entry into force of the Agreement, this Protocol shall enter into force on the first day of the month following the date of deposit of the last instrument of approval.

ARTICLE 5

This Protocol is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Italian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Turkmen 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, ITS MEMBER STATES AND THE EUROPEAN ATOMIC ENERGY COMMUNITY

FOR TURKMENISTAN

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