# EUR-Lex - 52013PC0653 - EN

*|*

# 52013PC0653

**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 its Member States, of the one part, and Ukraine, of the other part /* COM/2013/0653 final */**

			*

			*

EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

On 15 May 2013, the Commission submitted
two proposals for Council Decisions related to the EU-Ukraine Association
Agreement. The first was on the signing, on behalf of the European Union, and
provisional application, of the Association Agreement between the European
Union and its Member States, of the one part, and Ukraine, of the other part (COM(2013)289).
The second was on the conclusion of the Association Agreement between the
European Union and its Member States, of the one part, and Ukraine, of the
other part (COM(2013)290).

Since the European Atomic Energy Community
(EAEC) is also a Party to the Association Agreement between the European Union
and its Member States, of the one part, and Ukraine, of the other part, the
Commission had said in the explanatory memorandum that it would make 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 documents COM(2013)289 and COM(2013)290 and
provided that the Ukrainian authorities demonstrate determined action and
tangible progress in the three areas identified by the 10 December 2012 Council
Conclusions on Ukraine - the Commission proposes that the Council decides that
the Association Agreement between the European Union and its Member States, of
the one part, and Ukraine, 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 ratify 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 its Member States, of the one part, and Ukraine, of the other part, as regards matters falling proper to the
EAEC.

Since the text of the Agreement was already
submitted to the Council following the proposal made by the Commission on 15
May 2013 and with a view to facilitate the process, the Agreement itself is not
annexed to this proposal, but can be found annexed to COM(2013)289.

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 Ukraine 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 its Member States, of the one part, and Ukraine, 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 22 January 2007, the
Council authorised the Commission to open negotiations with Ukraine for the conclusion of a new Agreement between the European Union and Ukraine to replace the Partnership and Cooperation Agreement.

(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
were successfully concluded by the initialling of the Agreement in 2012.

(3)       On 15 May 2013, the
Commission proposed to the Council that the Agreement should be signed on
behalf of the Union and applied on a provisional basis in accordance with
Article 486 of the Agreement, pending its conclusion at a later date and approval
of the attached Declaration(s).

(4)       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.

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

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

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

HAS ADOPTED THIS DECISION:

Sole
Article

1.           The conclusion by the
Commission, on behalf of the European Atomic Energy Community, of the Association
Agreement between the European Union and its Member States, of the one part,
and Ukraine, of the other part, is hereby approved.

2.           The text of the Agreement
is attached to the Decision of the Council on the signing, on behalf of the
European Union, and provisional application of the Association Agreement
between the European Union and its Member States, of the one part, and Ukraine, of the other part.

Done at Brussels,

For
the Council

The
President