EUROPEAN COMMISSION

Brussels, 4.1.2019

COM(2018) 853 final

2018/0429(NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of the Republic of Bulgaria, the Republic of Croatia and Romania to the European Union

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The attached proposal constitutes the legal instrument for the conclusion of a Protocol to the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part to take account of the accession of Republic of Bulgaria, the Republic of Croatia and Romania to the European Union.

In accordance with the Acts of Accession of the Republic of Bulgaria, the Republic of Croatia and Romania, the three Member States 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 Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part 1 was signed on 9 September 2006 and entered into force on 1 July 2016 (the "Agreement").

Following the Council Decision of [….] to sign a Protocol to the Agreement to take account of the accession of the Republic of Bulgaria, Romania and the Republic of Croatia to the European Union, the Protocol was signed with the representative of the Republic of Korea on [….].

The proposed Protocol makes the Republic of Bulgaria, Republic of Croatia and Romania contracting parties to the Agreement and commits the EU to providing an authentic version of the Agreement in Bulgarian, Croatia and Romanian.

2.LEGAL ELEMENTS OF THE PROPOSAL

Following the signature of the Protocol, the Commission proposes to the Council to authorise the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part, the to take account of the accession of the Republic of Bulgaria, the Republic of Croatia and Romania to the EU.

2018/0429 (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 Article 172, in conjunction with Article 218(6)(a) thereof,

Having regard to the Acts of Accession of the Republic of Bulgaria and Romania, and 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)The Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part (‘the Agreement’), was signed on 9 September 2006 and entered into force on 1 July 2016.

(2)Bulgaria and Romania became Member States of the Union on 1 January 2007 and Croatia on 1 July 2013

(3)In accordance with Article 6(2) of the Acts of Accession of Bulgaria, Romania, and of Croatia, respectively, accession to the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part is to be agreed by means of a Protocol to the Agreement (‘the Protocol’). 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.

(4)On 23 October 2006 and on 14 September 2012, the Council authorised the Commission to open negotiations with the third countries concerned in order to conclude protocols to international agreements concluded by the European Union and its Member States.

(5)The negotiations with Korea were successfully concluded by exchange of notes verbales.

(6)In accordance with Council Decision [XXX] 2 , the Protocol was signed on […], subject to its conclusion at a later date.

(7)Therefore, the Protocol should be approved on behalf of the Union and its Member States,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol to the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of the Republic of Bulgaria, the Republic of Croatia and Romania is hereby approved on behalf of the Union and its Member States 3 .

Article 2

The President of the Council shall designate the person empowered to proceed, on behalf of the Union and its Member States, to the notification provided for in Article 4 of the Protocol, in order to express the consent of the Union and its Member States to be bound by 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) OJ L288. 19.10.2006. p.31

(2) Council Decision on the signing, on behalf of the European Union and its Member States, of the Protocol to the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of the Republic of Bulgaria, the Republic of Croatia and Romania to the European Union (OJ L , , p. ).

(3) The text of the Protocol has been published in the OJ L […] of […], p. […] together with the Decision on its signing.

EUROPEAN COMMISSION

Brussels, 4.1.2019

COM(2018) 853 final

ANNEX

to the

Proposal for a
COUNCIL DECISION

PROTOCOL

TO THE COOPERATION AGREEMENT

ON A CIVIL GLOBAL NAVIGATION SATELLITE SYSTEM (GNSS)

BETWEEN THE EUROPEAN COMMUNITY AND ITS MEMBER STATES, OF THE ONE PART

AND THE REPUBLIC OF KOREA, OF THE OTHER PART

TO TAKE ACCOUNT OF THE ACCESSION OF THE REPUBLIC OF BULGARIA, THE REPUBLIC OF CROATIA AND ROMANIA TO THE EUROPEAN UNION

THE EUROPEAN UNION,

and

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

hereinafter referred to as the ‘Member States’,

of the one part, and

THE REPUBLIC OF KOREA,

of the other part,

RECALLING the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part (hereinafter referred to as the “Agreement”), signed on 9 September 2006, which entered into force on 1 July 2016, and, in particular, Article 18, paragraph 3 thereof;

HAVING REGARD TO the accession of the Republic of Bulgaria and 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;

DESIRING that the Republic of Bulgaria, the Republic of Croatia and Romania accede to

the Agreement;

CONSIDERING Article 6(2) of the Act concerning the conditions of accession of the Republic of Bulgaria and Romania, Article 6(2) of the Act concerning the conditions of accession of the Republic of Croatia, and the adjustments to the treaties on which the European Union is founded, the accession of these States 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 Republic of Croatia and Romania shall be Parties to the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part, and shall respectively adopt and take note, in the same manner as the other Member States, of the text of the Agreement.

ARTICLE 2

This Protocol shall form an integral part of the Agreement.

ARTICLE 3

The texts of the Agreement drawn up in the Bulgarian, Croatian and Romanian languages are attached to this Protocol.

ARTICLE 4

This Protocol shall enter into force on the first day of the month following the date on which the Parties, have notified the Depository of the Agreement through diplomatic notes of the completion of their respective internal legal procedures for the entry into force of this Protocol.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Protocol.

DONE in duplicate at xxxx, on this xx day of mm in the year two thousand and zz, in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Korean languages, each text being equally authentic.

FOR THE EUROPEAN UNION AND THE MEMBER STATES

FOR THE REPUBLIC OF KOREA