# EUR-Lex - 52014PC0077 - EN

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# 52014PC0077

**Recommendation for a COUNCIL DECISION approving the conclusion, by the Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union /* COM/2014/077 final */**

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EXPLANATORY MEMORANDUM

On 24 September 2012 the
Council authorised the Commission to open negotiations, on behalf of the
European Union and its Member States and the Republic of Croatia, with Serbia in
order to conclude a Protocol to the Stabilisation and Association Agreement
between the European Communities and their Member States, of the one part, and
the Republic of Serbia, of the other part, to take account of the accession of
the Republic of Croatia to the European Union.

Two rounds of negotiations took place on 28
January 2013 and on 13 March 2013 and were followed by further technical
clarifications and correspondence. The Protocol was initialled by the
Commission and the Government of Serbia on 10 December 2013. The text of the draft
Protocol is attached.

The Commission proposes that
the Council decides on the signature and provisional application of the
Protocol on behalf of the European Union and concludes the Protocol on behalf
of the European Union and its Member States. The European Atomic Energy
Community (EAEC) is also a Party to the Stabilisation and Association
Agreement. For the conclusion of the Protocol on behalf of the European Atomic
Energy Community, the Commission proposes that the Council gives its approval,
pursuant to the second paragraph of Article 101 of the Treaty establishing the
EAEC.

In accordance with Article
101 EAEC Treaty, the decision to sign the agreement is adopted by the
Commission and the decision to conclude the agreement is adopted by the
Commission with the approval of the Council. It is therefore necessary to adopt
separate decisions for the signature and conclusion of the Protocol by the EU
and by the EAEC.

For the conclusion of the
Protocol on behalf of the European Atomic Energy Community, the Commission proposes
that the Council:

– 
gives its approval, pursuant to the second
paragraph of Article 101 of the Treaty establishing the EAEC.

Recommendation for a

COUNCIL DECISION

approving the conclusion, by the
Commission, on behalf of the European Atomic Energy Community, of the Protocol
to the Stabilisation and Association Agreement between the European Communities
and their Member States, of the one part, and the Republic of Serbia, 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 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 24 September 2012 the Council authorised the
Commission to open negotiations with the Republic of Serbia in order to
conclude a Protocol to the Stabilisation and Association Agreement between the
European Communities and their Member States, of the one part, and the Republic
of Serbia, of the other part, to take account of the accession of the Republic
of Croatia to the European Union ("the Protocol").

(2) 
These negotiations have been successfully
completed by initialling the Protocol on 10 December 2013.

(3) 
The conclusion, by the Commission, of the
Protocol should be approved as regards matters falling within the competence of
the European Atomic Energy Community.

(4) 
The signature and conclusion of the Protocol is
subject to a separate procedure as regards matters falling within the
competence of the Union and the Member States.

HAS ADOPTED THIS DECISION:

Sole Article

The conclusion by the European Commission,
on behalf of the European Atomic Energy Community, of the Protocol to the
Stabilisation and Association Agreement between the European Communities and
their Member States, of the one part, and the Republic of Serbia, of the other
part, to take account of the accession of the Republic of Croatia to the
European Union is hereby approved.

The text of the Protocol is attached to the
Decision on its signature.

Done at Brussels,

For
the Council

The
President