# EUR-Lex - 52013PC0544 - EN

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# 52013PC0544

**Recommendation for a COUNCIL DECISION on the approval of the conclusion by the Commission, on behalf of the European Atomic Energy Community, of a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union /* COM/2013/0544 final - 2013/ () */**

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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
Montenegro 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 Montenegro, of the other part, to take account of the
accession of the Republic of Croatia to the European Union.

These negotiations started
on 22 November 2012, following prior technical consultations with Montenegro on the issue. Further negotiating rounds took place on 25 January 2013 and 7
March 2013. The Protocol was initialled by the Commission and the Government of
Montenegro on 16 May 2013. The text of the initialled 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

on the approval of the conclusion by the
Commission, on behalf of the European Atomic Energy Community, of a Protocol to
the Stabilisation and Association Agreement between the European Communities
and their Member States, of the one part, and the Republic of Montenegro, 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
Commission,

Whereas:

(1) 
On 24 September 2012 the Council authorised the
Commission to open negotiations with Montenegro 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 Montenegro, of
the other part, to take account of the accession of the Republic of Croatia to
the European Union.

(2) 
These negotiations have been successfully
completed.

(3) 
The Protocol should therefore be concluded, also
on behalf of the European Atomic Energy Community as regards matters falling
under the Euratom Treaty.

(4) 
The signature and conclusion of the Protocol is
subject to a separate procedure as regards matters falling under the Treaty on
European Union and Treaty on the Functioning of the European Union.

(5) 
The conclusion of the Protocol by the
Commission, acting on behalf of the European Atomic Energy Community, should be
approved.

HAS DECIDED AS FOLLOWS:

Sole Article

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 Montenegro, of the other part, to
take account of the accession of the Republic of Croatia to the European Union
("the Protocol") is hereby approved.

The text of the Protocol is attached to the
Decision of the Council on the signing and provisional application of a
Protocol to the Stabilisation and Association Agreement between the European
Communities and their Member States, of the one part, and the Republic of
Montenegro, of the other part, to take account of the accession of the Republic
of Croatia to the European Union.

Done at Brussels,

For
the Council

The
President