# EUR-Lex - 52014PC0485 - EN

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# 52014PC0485

**Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part, to take account of the accession of the Republic of Croatia to the European Union /* COM/2014/0485 final - 2014/0222 (NLE) */**

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EXPLANATORY MEMORANDUM

The attached proposal constitutes the legal
instrument for the conclusion of a Protocol to the Framework Agreement on
Comprehensive Partnership and Cooperation between the European Union and its
Member States, of the one part, and the Socialist Republic of Viet Nam, of the
other part, to take account of the accession of the Republic of Croatia
to the European Union (hereinafter referred to as "the Protocol").

According to its Act of
Accession, Croatia shall accede to the international agreements signed or
concluded by the European Union and its Member States by means of a protocol to
those agreements.

The Framework
Agreement on Comprehensive Partnership and Cooperation between the European
Union and its Member States, of the one part, and the Socialist Republic of
Viet Nam, of the other part, hereinafter referred to as "the
Agreement", was signed in Brussels on 27 June 2012. The
Agreement is currently undergoing ratification and has not yet entered into
force.

Following
the Council Decision of ....2014 on the signing, on
behalf of the European Union and its Member States, of the Protocol to the
Framework Agreement on Comprehensive Partnership and Cooperation between the
European Union and its Member States, of the one part, and the Socialist
Republic of Viet Nam, of the other part, to take account of the
accession of the Republic of Croatia to the European Union, the Protocol was
signed in... on .....

The proposed Protocol incorporates the Republic of Croatia as contracting party to the Agreement and commits the EU to providing
the authentic version of the Agreement in the Croatian language.

The Commission requests the Council to
conclude, on behalf of the European Union and its Member States, the Protocol.

The European Parliament will be called upon to give its consent to
the Protocol.

2014/0222 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion, on behalf of the
European Union and its Member States, of the Protocol to the Framework
Agreement on Comprehensive Partnership and Cooperation between the European
Union and its Member States, of the one part, and the Socialist Republic of
Viet Nam, 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 on the
Functioning of the European Union, and in particular Articles 207 and 209 in
conjunction with Article 218(6)(a) thereof,

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

Having regard to the proposal from the
European Commission,

Having regard to the consent of the
European Parliament;

Whereas

(1)       Under
the terms of Article 6(2) of the Act of Accession of the Republic of Croatia,
the accession of the Republic of Croatia to Framework Agreement on Comprehensive
Partnership and Cooperation between the European Union and its Member States,
of the one part, and the Socialist Republic of Viet Nam, of the other part ("the Agreement") is to be agreed by means of a protocol
to the Agreement. In accordance with Article 6(2) of the Act of Accession, a simplified
procedure is to apply to such accession, whereby a protocol is to be concluded
by the Council, acting unanimously on behalf of the Member States, and by the
third countries concerned.

(2)       On 14 September 2012, the
Council authorised the Commission to open negotiations with the third countries
concerned[1].
The negotiations were successfully concluded and the Protocol to the Framework
Agreement on Comprehensive Partnership and Cooperation between the European
Union and its Member States, of the one part, and the Socialist Republic of
Viet Nam, of the other part, to take account of the accession of the
Republic of Croatia to the European Union has been signed on behalf of the
European Union and its Member States in [...] on [...].

(3)       The
Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1

1.           The Protocol to the Framework
Agreement on Comprehensive Partnership and Cooperation between the European
Union and its Member States, of the one part, and the Socialist Republic of
Viet Nam, 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 European Union and its Member States.

2.           The text of the Protocol is attached to this Decision.

Article 2

The President of the Council shall
designate the person empowered to give, on behalf of the European Union and its
  Member States, the notification provided for in Article 4(1) 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]               Council decision authorising
the opening of negotiations for the adaptation of agreements signed or
concluded between the European Union, or the European Union and its Member
States, with one or more third countries or international organisations, in
view of the accession of the Republic of Croatia to the European Union (Council
doc. 13351/12 LIMITED)

ANNEX

to the

Proposal for a
COUNCIL DECISION
on the conclusion, on behalf of the European Union and its Member States, of
the Protocol to the Framework Agreement on Comprehensive Partnership and
Cooperation between the European Union and its Member States, of the one part,
and the Socialist Republic of Viet Nam, of the other part, to take account of
the accession of the Republic of Croatia to the European Union

PROTOCOL
TO THE FRAMEWORK AGREEMENT
ON COMPREHENSIVE PARTNERSHIP AND COOPERATION
between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part, to take account of the accession of the Republic of Croatia 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 REPUBLIC OF CROATIA,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

HUNGARY,

THE REPUBLIC OF 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,

THE UNITED KINGDOM OF GREAT BRITAIN AND
NORTHERN IRELAND

Contracting Parties to the Treaty on
European Union, the Treaty on the Functioning of the European Union,
hereinafter referred to as the 'Member States', represented by the Council of
the European Union, and

THE EUROPEAN UNION, hereinafter referred to
as 'the European Union',

of the one part, and

THE SOCIALIST REPUBLIC OF VIET NAM, hereinafter referred to as "Viet Nam"

of the other part,

hereinafter referred to as "the
Contracting Parties" for the purposes of this Protocol,

HAVING REGARD TO the accession of the Republic of Croatia to the European Union on 1 July 2013,

WHEREAS the Framework Agreement on
Comprehensive Partnership and Cooperation between the European Union and its
Member States, of the one part, and the Socialist Republic of Viet Nam, of the
other part, hereinafter referred to as "the Agreement" was signed in
Brussels, on 27 June 2012;

WHEREAS the Treaty concerning the accession
of the Republic of Croatia to the European Union, hereinafter referred to as
"the Treaty of Accession", was signed in Brussels on 9 December 2011;

WHEREAS pursuant to Article 6(2) of the Act
of Accession of the Republic of Croatia, its accession to the Agreement, is to
be agreed by the conclusion of a protocol to the Agreement,

HAVE AGREED AS FOLLOWS:

Article 1

The Republic of Croatia hereby accedes as
Party to the Framework Agreement on Comprehensive Partnership and Cooperation
between the European Union and its Member States, of the one part, and the
Socialist Republic of Viet Nam, of the other part, signed in Brussels, on 27
June 2012, and shall respectively adopt and take note, in the same manner as
the other Member States of the European Union, of the texts of the Agreement,
as well as of the Declarations thereto.

Article 2

In due time after the initialling of this
Protocol, the European Union shall communicate to its Member States and the
Socialist Republic of Viet Nam, the Croatian language version of the Agreement.
Subject to the entry into force of this Protocol, the language version referred
to in the first sentence of this Article shall become authentic under the same
conditions as the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish,
French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese,
Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Vietnamese
language versions of the Agreement.

Article 3

This Protocol shall form an integral part
of the Agreement.

Article 4

(1) 
This Protocol shall be approved by the European
Union, by the Council of the European Union on behalf of the Member States and
by Viet Nam in accordance with their own procedures. The Contracting Parties
shall notify each other of the completion of the procedures necessary for that
purpose. The instruments of approval shall be deposited with the General
Secretariat of the Council of the European Union.

(2) 
This Protocol shall enter into force on the
first day of the month following the date of the deposit of the last instrument
of approval, but not before the date of entry into force of the Agreement.

Article 5

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

IN WITNESS WHEREOF, the undersigned
Plenipotentiaries, duly empowered to this effect, have signed this Protocol.

Done at ..., this ... day of .... in the year ..,

FOR THE EUROPEAN UNION AND ITS MEMBER STATES

FOR THE SOCIALIST REPUBLIC OF VIET NAM