# EUR-Lex - 52013PC0530 - EN

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# 52013PC0530

**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 Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of the Republic of Croatia, following its accession to the European Union /* COM/2013/0530 final - 2013/0254 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The Republic of Croatia (hereinafter 'Croatia') will join the European Union on 1 July 2013. On 14 September 2012, the Council authorized
the Commission to negotiate the adaptation, through a Protocol, of the
Agreement on Cooperation and Customs Union between the European Community and
its Member States, of the one part, and the Republic of San Marino (hereinafter
'San Marino'), of the other part[1]
(hereinafter 'the Agreement'), regarding Croatia's participation as a
contracting party, in view of the enlargement of the Union to include the
latter.

2.           LEGAL ELEMENTS OF THE
PROPOSAL

The Agreement entered into force on 1 April 2002 and needs to be
amended to include Croatia as a contracting party. Following the authorisation
given to the Commission on 14 September 2012, negotiations have been concluded
with San Marino on a Protocol to the Agreement.

Summary of the proposed action

This proposal consists of a draft Council
Decision on the signing, on behalf of the European
Union and its Member States, and provisional
application of a Protocol to the Agreement (in
annex), to provide for Croatia's
participation as a contracting party following its accession to the European
Union.

Legal basis

The Treaty on the Functioning of the
European Union, and in particular Article 218(5), in conjunction with Article
218(3) and (4) thereof; the Treaty of Accession of Croatia[2]; and the Act of Accession of
Croatia[3],
in particular the second subparagraph of Article 6(2) thereof.

Choice of instrument

Pursuant to Article 218(5) of the Treaty on
the Functioning of the European Union, the Council shall adopt a Decision
authorising the signing of the Agreement, and if necessary, its provisional
application before entry into force. This is a proposal for such a Decision.

Proportionality

This proposal is in line with the principle
of proportionality because its effects are strictly limited to what is
necessary to provide for Croatia's participation in the Agreement as a
contracting party following its accession to the European Union.

2013/0254 (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
Agreement on Cooperation and Customs Union between the European Community and
its Member States, of the one part, and the Republic of San Marino, of the
other part, regarding the participation, as a contracting party, of the
Republic of Croatia, following its accession to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, in particular Article 207 and Article 352,
in conjunction with Article 218(5) and the second subparagraph of Article
218(8) thereof,

Having regard to the Act of Accession of
Croatia[4],
and in particular the second subparagraph of Article 6(2) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       On 14 September 2012, the
Council authorised the Commission to open negotiations with the Republic of San
Marino for the adaptation, through the negotiation of a Protocol, of the
Agreement on Cooperation and Customs Union between the European Community and
its Member States, of the one part, and the Republic of San Marino, of the
other part[5],
regarding Croatia's participation as a contracting party, in view of its
accession to the European Union.

(2)       The
negotiations on the Protocol to the Agreement were conducted by the Commission
and were recently concluded.

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

(4)       In view of Croatia's forthcoming accession to the Union and to ensure its participation as a contracting party to
the Agreement from its date of accession, the Protocol to the Agreement should
be applied provisionally from the said date.

HAS ADOPTED THIS DECISION:

Article 1

The signing on behalf of the Union and its
Member States of the Protocol to the Agreement on Cooperation and Customs Union
between the European Community and the Republic of San Marino, regarding
Croatia's participation as a contracting party, following its accession to the
European Union, is hereby authorized, 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 negotiator.

Article 3

Subject to its conclusion at a later date
and pending its entry into force, the Protocol shall be applied provisionally,
in accordance with its Article 5, as from the date of accession of Croatia to the Union.

Article 4

This Decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
President

ANNEX

PROTOCOL

to the Agreement on Cooperation and Customs
Union between the European Community and its Member States, of the one part,
and the Republic of San Marino, of the other part, regarding the Republic of
Croatia's participation as a contracting party following its accession to the
European Union

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 ITALIAN REPUBLIC,

THE REPUBLIC OF CROATIA,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

THE REPUBLIC OF HUNGARY,

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, AND

THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND

and

THE EUROPEAN UNION,

of the one part,

and

THE REPUBLIC OF SAN MARINO,

of the other part,

Having regard to the Agreement on
Cooperation and Customs Union between the European Community and its Member
States, of the one part, and the Republic of San Marino, of the other part, of
16 December 1991 ('the Agreement'), which entered into force on 1 April 2002,

Having regard to the Republic of Croatia's accession to the European Union on 1 July 2013,

Whereas the Republic of Croatia is to become a contracting party to the Agreement,

HAVE AGREED AS FOLLOWS:

Article 1

The Republic of Croatia hereby accedes as Party
to the Agreement.

Article 2

This Protocol shall be an integral part of
the Agreement.

Article 3

1. This Protocol shall be approved by the Contracting
Parties, in accordance with their respective procedures.

2. The Parties shall notify each other of
the completion of these procedures. The instruments of approval shall be
deposited with the General Secretariat of the Council of the European Union.

Article 4

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.

Article 5

This Protocol shall apply provisionally
from 1 July 2013.

Article 6

The text of the Agreement and the
Declarations annexed to it are drawn up in the Croatian language.

They are attached to this Protocol and are
equally authentic with the texts in the other languages in which the Agreement
and the Declarations annexed to it are drawn up.

Article 7

This Protocol is drawn up in duplicate in
the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish,
French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese,
Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages,
each of these texts being equally authentic.

Done at [Brussels] on the [......] day of [...]
in the year two thousand and thirteen.

[ ... ]

For the Member States

[ ... ]

For the European Union

[ ... ]

For the Republic of San Marino

[ ... ]

[1]               OJ L 84, 28.3.2002, p. 43.

[2]               OJ L 112, 24.4.2012, p. 10.

[3]               OJ L 112, 24.4.2012, p. 21.

[4]               OJ L 112, 24.4.2012, p. 21.

[5]               OJ L 84, 28.3.2002, p. 43.