# EUR-Lex - 52014PC0147 - EN

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# 52014PC0147

**Recommendation for a COUNCIL DECISION approving the conclusion by the Commission, on behalf of the European Atomic Energy Community, of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part /* COM/2014/0147 final */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

This proposal is prepared in view of the
envisaged signing, provisional application and conclusion of the EU-Republic of
  Moldova Association Agreement, in order to approve the conclusion of the
Association Agreement by the Commission on behalf of the European Atomic Energy
Community (EAEC).

Since the EAEC is also a Party to the
Association Agreement between the European Union and its Member States, of the
one part, and the Republic of Moldova, of the other part, the Commission makes
a separate recommendation for Council approval of the conclusion by the
Commission of the parts of the Agreement which fall under the Treaty
establishing the European Atomic Energy Community (EAEC).

Different procedures apply to the signature
and conclusion of international agreements by the EAEC. In particular, in
accordance with Article 101 EAEC Treaty, such agreements have to be concluded by
the Commission with the approval of the Council. It is therefore necessary to
adopt separate Decisions for both the signature and conclusion of the Association
Agreement by the EU and by the EAEC.

For the conclusion of the Association
Agreement on behalf of the EAEC, the Commission recommends that the Council
give its approval, pursuant to the second paragraph of Article 101 of the
Treaty establishing the EAEC.

In the light of the results
of the negotiations mentioned in the Proposal for a Council Decision on the
signing, on behalf of the EU, and provisional application of the Association Agreement
between the EU and the Republic of Moldova, as well as the the Proposal for a
Council Decision on the conclusion of the Association Agreement between the EU
and the Republic of Moldova, the Commission proposes that the Council decides
that the Association Agreement between the European Union and the European
Atomic Energy Community and their Member States, of the one part, and the
Republic of Moldova, of the other part, should be signed on behalf of the Union
and establishes appointment of the person(s) duly empowered to sign on behalf
of the Union.

Given the approval of
the Council and the appropriate Commission decision, the Commission will be
able to sign and conclude the Association Agreement on behalf of the EAEC.

2.           RESULTS AND LEGAL
ELEMENTS OF THE PROPOSAL

The Commission recommends that the Council
approve, pursuant to the second paragraph of Article 101 of the Treaty
establishing the European Atomic Energy Community, the conclusion of the
Association Agreement between the European Union and the European Atomic Energy
Community and its Member States, of the one part, and the Republic of Moldova,
of the other part, as regards matters falling proper to the EAEC.

The text of the Agreement is attached to
the present Recommendation.

On the part of the Union, the legal basis for the
conclusion of this Agreement is Article 217, in conjunction with Article 218(6)(a) and the second
subparagraph of Article 218(8) of TFEU.

For the EAEC, the legal basis for this Agreement is Article
101 of the Treaty establishing the European Atomic Energy Community.

The attached proposal constitutes, together with the
Commission decision on conclusion, the legal instrument for conclusion of the
Association Agreement on behalf of the EAEC.

The fact that the Commission has
submitted its proposal as an agreement between the Union and its Member States and the Republic of Moldova is related to the genesis of this agreement under the
rules of the Treaty before the entry into force of the Treaty of Lisbon.

According to Article 102 of the Euratom
Treaty, an Agreement may not enter into force for the EAEC
until the Commission has been notified by the Member States that the agreement
has become applicable in accordance with the provisions of their respective
national laws.

Recommendation for a

COUNCIL DECISION

approving the conclusion by the
Commission, on behalf of the European Atomic Energy Community, of the
Association Agreement between the European Union and the European Atomic Energy
Community and their Member States, of the one part, and the Republic of
Moldova, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing
the European Atomic Energy Community, and in particular the second paragraph of
Article 101 thereof,

Having regard to the recommendation from
the Commission,

Whereas:

(1)       On 15 June 2009, the
Council authorised the Commission to open negotiations with the Republic of Moldova for the conclusion of a new Agreement between the European Union and the Republic of Moldova to replace the Partnership and Cooperation Agreement.[1]

(2)       Taking into account the
close historical relationship and progressively closer links between the
Parties, as well as their desire to strengthen and widen relations in an
ambitious and innovative way, the negotiations on the Association Agreement
between the European Union and the European Atomic Energy Community and their
Member States, of the one part, and the Republic of Moldova, of the other part
(hereinafter "the Agreement"), were successfully finalised by the
initialling of the Agreement on 29 November 2013.

(3)       The Commission proposes to
the Council that the Agreement should be signed on behalf of the Union and applied on a provisional basis in accordance with Article 465 of the Agreement,
pending its conclusion at a later date.

(4)       The Agreement also covers
matters falling under Euratom competences, namely Article 77(i).

(5)       The signature and
conclusion of the Agreement is subject to a separate procedure as regards
matters falling under the Treaty on European Union and the Treaty on the
Functioning of the European Union.

(6)       The Agreement should therefore
also be concluded, on behalf of the European Atomic Energy Community, as
regards matters falling under the Euratom Treaty.

(7)       According to Article 102
of the Euratom Treaty, the Agreement may not enter into force for the European
Atomic Energy Community until the European Commission has been notified by the
Member States that such agreement has become applicable in accordance with the
provisions of their respective national laws.

(8)       The conclusion of the
Agreement by the European Commission, acting on behalf of the European Atomic
Energy Community, should be approved.

HAS ADOPTED THIS DECISION:

Article 1

The
conclusion by the European Commission, on behalf of the European Atomic Energy
Community, of the Association Agreement between the European Union and the
European Atomic Energy Community and their Member States, of the one part, and the
  Republic of Moldova, of the other part, is hereby approved.[2] [3]

Article 2

This Decision shall enter into force on the
date following that of its adoption.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 181, 24.6.1998, p. 1–48.

[2]  The text of the Agreement is attached to the Decision on the
signing, on behalf of the European Union and provisional application of the
Association Agreement between the European Union and the European Atomic Energy
Community and their Member States, of the one part, and the Republic of Moldova, of the other part, (OJ...)

[3]               OJ: Please insert in the footnote above the
publication reference of the Decision in document [...]