# EUR-Lex - 52014PC0691 - EN

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# 52014PC0691

**Proposal for a COUNCIL DECISION on the signing of a Protocol amending the Agreement on Maritime Transport between the European Community and its Member States, of the one part, and the Government of the People’s Republic of China, of the other part, to take account of the accession of the Republic of Croatia to the European Union /* COM/2014/0691 final - 2014/0326 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

In accordance with the Act of Accession of
the Republic of Croatia[1],
 Croatia will accede to the agreements concluded or
signed before the accession of Croatia by the EU Member States and the Union with one or more third countries by means of a protocol to those agreements. The
Council decision of 14 September 2012[2]
authorised the Commission to open negotiations with the third countries
concerned, in order to conclude the relevant protocols.

The Agreement on Maritime Transport between
the European Community and its Member States and the Government of the People’s
Republic of China was signed in Brussels on 6 December 2002, and concluded by
Council Decision of 28 January 2008 and entered into force on 1 March 2008.

Consequently, the Commission has negotiated
a Protocol on the basis of negotiating directives adopted by the Council on 14
September 2012, and in consultation with a special committee appointed by the
Council. The draft Protocol was initialled by the Commission and the Chinese
representatives in Brussels on 20 June 2014.

Following negotiations with the People’s
Republic of China, the following distinct proposals are submitted:

(i)         Proposal for a Council Decision on the signature of a
Protocol to the Agreement (hereinafter referred to as 'the Protocol')

(ii)        Proposal for a Council Decision on the conclusion of the
Protocol, to be taken up by the Council in due time following the signature of
the Protocol.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

Negotiations with the People's Republic of China were successfully concluded by the initialling of the Protocol on 20 June 2014.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

The Protocol makes the Republic of Croatia a party to the Agreement and provides for the necessary linguistic
adaptations of the Agreement that ensue from the accession of the Republic of Croatia. No Changes to the substance of the agreement are made.

The Commission asks the Council to
authorise the signature, on behalf of the European Union and its Member States,
of a Protocol to the Agreement on Maritime Transport between the European
Community and its Member States, of the one part, and the Government of the
People’s Republic of China, of the other part, to take account of Croatia's
accession to the EU.  Following the signature of the protocol, the second
proposal, on the conclusion of the Protocol, will be considered by the Council
in due course.

2014/0326 (NLE)

Proposal for a

COUNCIL DECISION

on the signing of a Protocol amending the
Agreement on Maritime Transport between the European Community and its Member
States, of the one part, and the Government of the People’s Republic of China,
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 Article 100 (2) in
conjunction with article 218(5)) 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,

Whereas:

(1) 
The Agreement on Maritime Transport between the
European Community and its Member States, of the one part, and the Government
of the People's Republic of China, of the other part, hereinafter referred to
as the "Agreement", was signed in Brussels on 6 December 2002,
concluded on 28 January 2008[3]
and entered into force on 1 March 2008.

(2) 
The Commission was authorised by the Council on
14 September 2012 to negotiate a Protocol amending the Agreement with China in order to take account of the accession of the Republic of Croatia.

(3) 
The Protocol has been initialled in Brussels on 20 June 2014.

(4) 
The Protocol should therefore be signed pending
the completion of the procedures for its formal conclusion,

HAS ADOPTED THIS DECISION:

Article 1

1.         The signing of the Protocol amending the Agreement on
Maritime Transport between the European Community and its Member States, of the
one part, and the Government of the People's Republic of China, 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,
subject to its conclusion.

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

Article 2

The President of the Council shall
designate the person (s) empowered to sign the protocol, on behalf of the
European Union and its Member States.

Article 3

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

Done at Brussels,

For
the Council

The
President

[1]               OJ L 112, 24.04.2012, p. 21.

[2]               13351/12

[3]               OJ L 46, 21.2.2008, p.23.

ANNEX

PROTOCOL AMENDING THE AGREEMENTON MARITIME
TRANSPORT BETWEEN THE EUROPEAN COMMUNITY AND ITS MEMBER STATES, OF THE ONE
PART, AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA, OF THE OTHER PART

to the

Proposal for a Council Decision

on the signing of a Protocol
amending the Agreement on Maritime Transport between the European Community and
its Member States, of the one part, and the Government of the People’s Republic
of China, 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
  REPUBLIC OF CROATIA

THE
  KINGDOM OF DENMARK,

THE
 FEDERAL REPUBLIC OF GERMANY,

THE
  REPUBLIC OF ESTONIA,

THE
  HELLENIC REPUBLIC,

THE
  KINGDOM OF SPAIN,

THE
  FRENCH REPUBLIC,

IRELAND,

THE
  ITALIAN REPUBLIC,

THE
  REPUBLIC OF CYPRUS,

THE
  REPUBLIC OF LATVIA,

THE
  REPUBLIC OF LITHUANIA,

THE
GRAND DUCHY OF LUXEMBOURG,

THE
  REPUBLIC OF 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

Hereinafter referred to as the "Member
States", represented by the Council of the European Union, and

THE EUROPEAN UNION, hereinafter referred to
as "the Union ", represented by the Council of the European Union, of
the one part, and

THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF
CHINA, of the other part,

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

HAVE AGREED AS FOLLOWS:

ARTICLE 1

The Republic of Croatia shall be Party to
the Agreement on Maritime Transport between the European Community and its Member States, of the one part, and the Government of the People's Republic of China, of the other part, signed in Brussels on 6 December 2002, and entered into force on
1 March 2008, (hereinafter called "the Agreement").

ARTICLE 2

The texts of the Agreement in the Croatian
language, which is attached to this Protocol, shall become authentic under the
same conditions as the other language versions drawn up in accordance with Article 14 of the Agreement.

ARTICLE 3

The Contracting Parties shall notify each
other through diplomatic channel on the accomplishment of the internal legal
procedures for the entry into force of this Protocol. This Protocol shall enter
into force on the date of receipt of the last written notification.

ARTICLE 4

This Protocol is drawn up at xxxx, on this xx day of yy in the year
two thousand and zz, in duplicate, in the Bulgarian, Czech, Croatian, Danish,
Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian,
Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian,
Spanish, Swedish and Chinese languages, each of these texts being equally
authentic.

FOR THE MEMBER STATES FOR THE EUROPEAN UNION || FOR THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA