# EUR-Lex - 52014PC0042 - EN

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# 52014PC0042

**Proposal for a COUNCIL DECISION on the conclusion on behalf of the European Union and its Member States of the Additional Protocol to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of Croatia to the European Union /* COM/2014/042 final - 2014/0019 (NLE) */**

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EXPLANATORY MEMORANDUM

On 24 September 2012, the Council
authorised the Commission to open negotiations with the Republic of Korea in
order to conclude an Additional Protocol to the Free Trade Agreement between
the European Union and its Member States, of the one part, and the Republic of
Korea, of the other part, to take account of the accession of Croatia to the
European Union ("the Protocol").

Those negotiations were successfully
completed by initialling the Protocol on 8 November 2013.

The
Commission proposes that the Council adopts two Decisions:

(a)          on the signature and provisional
application of the Protocol on behalf of the European Union and its Member States; and

(b)          on the conclusion of the Protocol
on behalf of the European Union and its Member States.

The
Act of Accession of Croatia, in particular the second subparagraph of Article
6(2) thereof, foresees that the Union acts also on behalf of the Member States.

The
attached proposal is for a Council Decision on the conclusion of the Protocol.
The Commission proposes that the Council:

– 
concludes the Protocol on behalf of the European
Union and its Member States.

A parallel decision is proposed for the
signature and the provisional application of the Protocol on behalf of the
European Union and its Member States.

2014/0019 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion on behalf of the
European Union and its Member States of the Additional Protocol to the Free
Trade Agreement between the European Union and its Member States, of the one part,
and the Republic of Korea, of the other part, to take account of the accession
of Croatia to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 91, 100(2),
167(3), 207 and 218(6), second subparagraph, point (a)(v) thereof,

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

Having regard to the proposal from the
European Commission,

Having regard to the consent of the
European Parliament[1]

Whereas:

(1)       In accordance with Council
Decision 2013/.../EU[2], the Additional Protocol to the Free Trade
Agreement between the European Union and its Member States, of the one part,
and the Republic of Korea, of the other part, to take account of the accession
of Croatia to the European Union ("the Protocol") has been signed,
subject to its conclusion.

(2)       The Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Additional Protocol to the Free Trade
Agreement between the European Union and its Member States, of the one part,
and the Republic of Korea, of the other part, to take account of the accession
of the Republic of Croatia to the European Union is hereby approved on behalf
of the Union and its Member States[3].

Article 2

The President of the Council is hereby
authorised to designate the person(s) empowered to deposit, on behalf of the
Union and its Member States, the instrument of approval provided for in Article 9
(4) of the Protocol.

Article 3

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

Done at Brussels,

For
the Council

The
President

[1]               OJ C [...], [...], p.[...].

[2]               OJ L [...], [...], p.[...].

[3]               The text of the Protocol will be published together
with the decision on its signature.