Proposal for a COUNCIL DECISION on the signing of a Partnership and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republic of Tajikistan, of the other part

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Relations between Tajikistan and the European Communities are currently governed by the trade and cooperation agreement signed with the former Soviet Union on 18 December 1989 (which entered into force on 1 April 1990), as endorsed by the Republic of Tajikistan in an exchange of letters on 4 February 1994. The Council adopted its negotiating directives on 5 October 1992, amending them on 10 October 2003, and the Commission formally launched the negotiations for a partnership and cooperation agreement in November 2003. After the second round of negotiations, the text of the agreement was initialled by the negotiators of the Commission and the Government of Tajikistan in Brussels on 16 December 2003.

2. The proposed Partnership and Cooperation Agreement will help consolidate and strengthen the EU's political and economic and trade presence in Tajikistan and Central Asia in general. It will also promote economic growth and support sustainable development, action against poverty and stability in Tajikistan and Central Asia. It will provide a framework for future EU cooperation with Tajikistan.

3. Though modelled on other partnership and cooperation agreements, the EU-Tajikistan agreement is the first to include clauses on action against terrorism and weapons of mass destruction. It will be concluded for a period of ten years, automatically renewable from year to year thereafter. The Agreement will open the way for deeper relations in a great number of fields, based on reciprocity and partnership. The Agreement is founded on respect for the essential principles of democracy, human rights and the rule of law, and on the promotion of sustainable development and the link between different aid instruments (the link between relief, rehabilitation and development).

4. The proposed Agreement has three main components: political dialogue, cooperation and trade. It also includes general and institutional provisions to sustain those components.

(i) Political dialogue: The EU and Tajikistan will pursue a regular political dialogue. They will in particular cooperate against terrorism, the proliferation of weapons of mass destruction and trafficking, including the drugs trade.

(ii) Cooperation: The Agreement includes provisions in the area of social and economic cooperation, finance and trade, science, information society and technologies, culture, education and audio-visual, state reform and public administration, social and legislative cooperation. The Agreement also provides for commitments and cooperation in re-admission, in the control of illegal immigration, and in combating drugs and organised crime. The Agreement also provides for cooperation on democracy and human rights. A separate protocol covers mutual assistance in customs matters.

(iii) The Agreement also includes provisions on trade in goods and services and on trade and investment.

5. The Partnership and Cooperation Agreement is a mixed agreement covering some matters for which the European Communities are competent and others for which the Member States are competent. It is concluded for an initial period of ten years.

The Agreement includes a clause permitting its unilateral suspension if an essential element is violated (i.e. respect for democracy, human rights and the principles of a market economy).

The Agreement establishes institutional machinery for its implementation in the form of a Cooperation Council, a Cooperation Committee and a Parliamentary Committee.

This Agreement has no impact on the budget.

6. Pending the entry into force of the Partnership and Cooperation Agreement, it is proposed that the European Communities and Tajikistan conclude an interim agreement mainly concerning trade, cooperation and the institutional framework, as provided for in Article 101 of the Partnership and Cooperation Agreement.

7. Having completed the negotiating process, the Commission now proposes that the Council approve the results of the negotiations and initiate the procedures for the signing and conclusion of this agreement. To that end, the Commission is submitting the following proposals:

(i) proposal for a Council Decision for the signing of the Agreement;

(ii) proposal for a Council and Commission Decision for the conclusion of the Agreement;

(iii) proposal for a Council Decision for the conclusion of the Interim Agreement on behalf of the European Community;

(iv) draft Commission Decision on the conclusion of the Interim Agreement on behalf of the European Atomic Energy Community.

The procedures for the signing and the conclusion of the Agreement are different for the two European Communities (European Community and the European Atomic Energy Community):

(a) as regards signing, the first sentence of the first subparagraph of Article 300(2) of the EC Treaty provides for a separate Council decision on the signing of an agreement on behalf of the European Community. No such act is required under the EAEC Treaty;

(b) as regards the conclusion of the Agreement:

- the Council concludes the Agreement on behalf of the European Community, after having received the assent of the European Parliament, by virtue of Article 44(2), the last sentence of Article 47(2) and Articles 55, 57(2), 63(3), 71, 80(2), 93, 94, 133 and 181a of the EC Treaty, in conjunction with the last sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3);

- the Council approves the Agreement on behalf of the European Atomic Energy Community by virtue of the second paragraph of Article 101 of the EAEC Treaty and the Agreement is then concluded by the Commission;

(c) as regards the conclusion of the Interim Agreement:

- the Council concludes the Agreement on behalf of the European Community by virtue of Article 133 and the first sentence of Article 300(2);

- the Council approves the Agreement on behalf of the European Atomic Energy Community by virtue of the second paragraph of Article 101 of the EAEC Treaty and the Agreement is then concluded by the Commission.

In the light of the above, the Commission proposes:

- that the Council adopt a decision on the signing of the Partnership and Cooperation Agreement between the European Communities and the Republic of Tajikistan on behalf of the European Community;

- that the Council conclude the Partnership and Cooperation Agreement between the European Communities and the Republic of Tajikistan on behalf of the European Community and approve its conclusion by the EAEC;

- that the Council conclude the Interim Agreement on behalf of the European Community;

- that the Council approve the conclusion by the EAEC of the Interim Agreement.

Ratification by all Member States of the European Union will be a prerequisite for the entry into force of the Agreement.

Proposal for a COUNCIL DECISION on the signing of a Partnership and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republic of Tajikistan, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2) and Articles 55, 57(2), 63(3), 71, 80(2), 93, 94, 133 and 181a of the EC Treaty, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission, [1]

[1] OJ C [...], [...], p. [...].

Whereas:

(1) On 5 October 1992 the Council authorised the Commission to open negotiations for a partnership and cooperation agreement between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part. These negotiating directives were amended by the Council on 10 October 2003.

(2) The negotiations have been completed and the Agreement was initialled on 16 December 2003.

(3) Subject to its possible conclusion at a later date, this Agreement should be signed,

HAS DECIDED AS FOLLOWS:

Sole Article

1. The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the Community, the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part, together with the annexes and protocols attached thereto, and the declarations made by the Community unilaterally or jointly with the other Party that are attached to the Final Act, subject to its possible conclusion at a later date.

2. The text of the Agreement, annexes, protocols and the Final Act is attached to this Decision.

Done at Brussels, [...]

For the Council

The President