Proposal for a COUNCIL AND COMMISSION DECISION on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Partnership and Cooperation Agreement (PCA) between the European Communities and their Member States and the Russian Federation is a "mixed" agreement, which was signed on 24 June 1994, i.e., before the enlargement of the Union to include Austria, Finland and Sweden. It was therefore necessary to draw up an "enlargement Protocol" to include the three new Member States and this was signed on 21 May 1997.

Once the PCA was ratified by the signatory States, it was agreed that it would be politically desirable not to postpone its entry into force until the enlargement Protocol had been ratified by all the parties, i.e. the European Communities, their 15 Member States and the Russian Federation, since this was likely to take some time. The parties therefore agreed that the enlargement Protocol would be provisionally applied by the European Communities, the Russian Federation, and all the Member States except Austria, Sweden, Finland, Denmark and Portugal which, for internal constitutional reasons, had to ratify it.

After the Protocol had been ratified by the Member States referred to above, the PCA entered into force on 1 December 1997 and the provisional application of the Protocol took effect on the same date.

The Protocol has now been ratified by all the signatories and a Decision concluding it can therefore be adopted.

The European Parliament gave its assent to the conclusion of the enlargement Protocol on 12 June 1997.

The ECSC Consultative Committee was consulted about the Protocol on 27 June 1996.

The Council is invited:

- to adopt the proposal for a Council and Commission Decision on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, on behalf of the European Community;

- to approve/give its assent to the Commission Decision on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, on behalf of the European Atomic Energy Community and the European Coal and Steel Community.

Proposal for a COUNCIL AND COMMISSION DECISION on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 44(1), the last sentence of Article 47(2), Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 308, in conjunction with the second sentence of Article 300(2) and the second subparagraph of Article 300(3) thereof,

Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95 thereof,

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 proposal from the Commission,

Having regard to the assent of the European Parliament, [1]

[1] OJ C 339, 18.12.1995, p. 45.

Having regard to the Council's approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,

After consulting the ECSC Consultative Committee and with the assent of the Council,

Whereas:

(1) The Partnership and Cooperation Agreement between the European Communities and their Member States and the Russian Federation, [2] which entered into force on 1 December 1997, contributes to achieving the objectives of the European Communities in so far as it is an essential part of the strategy of the European Communities and their Member States with regard to the Russian Federation.

[2] OJ L 327, 28.11.1997, p. 1.

(2) Since the Partnership and Cooperation Agreement was signed before the enlargement of the European Union to include Austria, Finland and Sweden, an enlargement Protocol was signed on 21 May 1997 to include the three new Member States in that Agreement.

(3) An agreement was reached between the parties on the provisional application of the enlargement Protocol by the European Communities, the Russian Federation and all Member States except Austria, Sweden, Finland, Denmark and Portugal.

(4) All the signatories to the Protocol have now ratified it.

HAVE DECIDED AS FOLLOWS:

Article 1

The enlargement Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, is hereby approved on behalf of the European Community, the European Coal and Steel Community and the European Atomic Energy Community.

The text of the enlargement Protocol is annexed to this Decision.

Article 2

The President of the Council shall, on behalf of the European Community, give the notification provided for in Article 4 of the Protocol. The President of the Commission shall give such notification on behalf of the European Coal and Steel Community and the European Atomic Energy Community.

Done at Brussels,

For the Commission For the Council

The President The President

ANNEX

PROTOCOL TO THE PARTNERSHIP AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES, OF THE ONE PART, AND THE RUSSIAN FEDERATION, OF THE OTHER PART

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

Contracting Parties to the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community,

hereinafter referred to as the "Member States", and

THE EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,

hereinafter referred to as "the Community",

of the one part, and

THE RUSSIAN FEDERATION

of the other part,

Having regard to the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and thereby to the Community on 1 January 1995,

HAVE AGREED AS FOLLOWS:

Article 1

The Republic of Austria, the Republic of Finland and the Kingdom of Sweden shall be Parties to the Agreement on Partnership and Cooperation, establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, signed at Corfu on 24 June 1994, hereinafter the "Agreement", and shall respectively adopt and take note, in the same manner, as the other Member States of the Community, of the texts of the Agreement, as well as of the Joint Declarations, Exchanges of Letters, and Declarations by the Russian Federation annexed to the Final Act signed on the same date.

Article 2

The texts of the Agreement, the Final Act and all documents annexed to it are drawn up in the Finnish and Swedish languages. They are annexed to the Protocol and are equally authentic with the texts in the other languages in which the Agreement, the Final Act and the documents annexed to it are drawn up.

Article 3

This Protocol is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Russian languages, each of these texts being equally authentic.

Article 4

The Protocol will be approved by the Parties in accordance with their own procedures.

This Protocol shall enter into force on the first day of the second month following the day on which the Parties notify each other of the completion of the procedures referred to in the first paragraph.

Done at Brussels on

For the KINGDOM OF BELGIUM,

For the KINGDOM OF DENMARK,

For the FEDERAL REPUBLIC OF GERMANY,

For the HELLENIC REPUBLIC,

For the KINGDOM OF SPAIN,

For the FRENCH REPUBLIC,

For IRELAND,

For the ITALIAN REPUBLIC,

For the GRAND DUCHY OF LUXEMBOURG,

For the KINGDOM OF THE NETHERLANDS,

For the REPUBLIC OF AUSTRIA,

For the PORTUGUESE REPUBLIC,

For the REPUBLIC OF FINLAND,

For the KINGDOM OF SWEDEN,

For the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND

For the COMMUNITY

For the RUSSIAN FEDERATION