52014PC0102

EXPLANATORY MEMORANDUM

The attached proposal constitutes the legal instrument for the signature of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation of the other part, to take account of the accession of the Republic of Croatia to the European Union:

(i)      Proposal for a Council Decision on the signature and provisional application of the Protocol on behalf of the European Union and its Member States;

This proposal is presented jointly with a:

(ii)     Proposal for a Council Decision on the conclusion of the Protocol on behalf of the European Union and its Member States;

(iii)    Recommendation for a Council Decision approving the conclusion of the Protocol, by the European Commission, on behalf of the European Atomic Energy Community.

According to the Act of Accession of the Republic of Croatia, the Republic of Croatia is to accede to 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 establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part was signed on 24 June 1994. The Agreement entered into force on 1 December 1997.

A 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 the Russian Federation were successfully concluded. The Russian Federation agreed to the Protocol text in its Note Verbale of 4 September, the EEAS in its Note Verbale of 24 September. This exchange of Notes Verbales, requested by the Russian Federation, replaced the initialling of the Protocol.

The proposed Protocol incorporates the Republic of Croatia as contracting party to the Agreement and commits the EU to provide for the authentic version of the Agreement in the new official language of the EU.

The Protocol contains a clause specifying that the Agreement is amended following the entry into force of the Treaty of Accession of the Republic of Croatia to the European Union on 1 July 2013.

The Partnership and Cooperation Agreement with the Russian Federation in particular aims to promote trade and investment, including trade in transport services, and establishes a framework for cooperation in different sectors which is limited to an overall economic, financial and technical cooperation. Therefore, next to the applicable procedural legal bases, the Protocol should be signed and concluded by the European Union on the basis of Article 6(2) of the Act of Accession of the Republic of Croatia on the one hand and of Articles 91, 100(2), 207 and 212 TFEU of the other hand.

The Commission has judged the results of the negotiations to be satisfactory and requests the Council:

– to authorise the signature, on behalf of the European Union and its Member States and provisional application of an accession Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Croatia to the European Union.

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

2014/0053 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Union and its Member States, and provisional application, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, 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 91, 100(2), 207 and 212, in conjunction with Article 218(5) thereof,

Having regard to the Act of Accession of the Republic of Croatia, and in particular the second subparagraph of 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 Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, 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 Russian Federation. This was confirmed in an exchange of notes on 24 September 2013.

(3)       The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.

(4)       The conclusion of the Protocol is subject to a separate procedure as regards matters falling within the competence of the European Atomic Energy Community.

(5)       In view of Croatia’s accession to the Union on 1 July 2013, the Protocol should be applied on a provisional basis from that date,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby authorised on behalf of the Union and its Member States, subject to the conclusion of the said Protocol.

The text of the Protocol is attached to this Decision.

Article 2

The Council Secretariat General shall establish the instrument of full powers to sign the Protocol, subject to its conclusion, for the person(s) indicated by the negotiators of the Protocol.

Article 3

The Protocol shall be applied on a provisional basis, in accordance with Article 4 thereof, as from 1 July 2013, 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 327, 28.11.1997, p. 3.

[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).

PROTOCOL to the PARTNERSHIP AND COOPERATION AGREEMENT establishing a partnership between the European Communities and its Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Croatia

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’,

THE EUROPEAN UNION, hereafter referred to as ‘the Union’, and

THE EUROPEAN ATOMIC ENERGY COMMUNITY

of the one part,

AND

THE RUSSIAN FEDERATION

of the other part,

hereinafter referred to together as ‘the Parties’,

WHEREAS the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, hereinafter referred to as ‘the Agreement’, was signed in Corfu on 24 June 1994;

WHEREAS the Treaty of the Accession of the Republic of Croatia to the European Union was signed in Brussels on 9 December 2011;

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 Republic of Croatia's accession to the Agreement is to be agreed by the conclusion of a protocol to the Agreement;

TAKING INTO ACCOUNT the accession of the Republic of Croatia to the European Union on 1 July 2013;

HAVE Agreed as follows:

ARTICLE 1

The Republic of Croatia hereby accedes as Party to the Agreement. The Republic of Croatia shall also adopt and take note, in the same manner as the other Member States, of the texts of the Agreement, and of the Joint Declarations, Declarations and Exchanges of Letters annexed to the Final Act signed on the same date and the Protocol to the Agreement of 21 May 1997 that entered into force on 1 December 2000, and the Protocol to the Agreement of 27 April 2004 that entered into force on 1 March 2005, and the Protocol to the Agreement of 23 April 2007 that entered into force on 1 May 2008.

ARTICLE 2

After the signature of this Protocol, the Union shall communicate the Croatian language version of the Agreement, the Final Act and all documents annexed to it as well as the Protocols to the Agreement of 21 May 1997, 27 April 2004 and 23 April 2007 to the Member States and to the Russian Federation. From the date of provisional application of this Protocol, the language version referred to in the first sentence of this Article 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, Russian, Slovak, Slovenian, Spanish and Swedish 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 Parties, in accordance with their own procedures. The 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.           This Protocol shall enter into force on the first day of the first month following the date of deposit of the last instrument of approval.

3.           This Protocol shall apply provisionally after 15 days from the date of its signature.

4.           This Protocol shall apply to the relations between the Parties within the framework of the Agreement as of the date of accession of the Republic of Croatia to the European Union.

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, Russian, Slovak, Slovenian, Spanish and Swedish 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, THE EUROPEAN ATOMIC ENERGY COMMUNITY AND THEIR MEMBER STATES

FOR THE RUSSIAN FEDERATION