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Brussels, 22.6.2009

COM(2009) 287 final

Proposal for a

COUNCIL DECISION

on the conclusion by the European Community of the interim agreement between the European Community, the European Coal and Steel Community and the European - Atomic Energy Community, of the one part, and Turkmenistan, of the other part, on trade and trade-related matters

EXPLANATORY MEMORANDUM

1. The Interim Agreement between the European Community, the European Coal and Steel Community and the European –Atomic Energy Community, of the one part, and Turkmenistan, of the other part, on trade and trade-related matters, was signed on 10 November 1999. The Commission sent a proposal to the Council requesting the conclusion of the Agreement a few years back. However, due to human rights concerns, the Council decided to request also the opinion of the European Parliament (EP).

2. The EP endorsed the Agreement only in April this year. Since 1999, however, there have been 2 rounds of enlargement and several languages have been recognised as official EU languages. As a result, the original Commission proposal needed to be updated in order to take into consideration the new official languages of the Community. An exchange of letters between the European Community and Turkmenistan amending the Agreement as regards the authentic language versions is foreseen whereby the latter expresses its acceptance I the language versions.

3. The Commission therefore proposes that the Council concludes the Interim Agreement on behalf of the European Community and its Member States.

Proposal for a

COUNCIL DECISION

on the conclusion by the European Community of the interim agreement between the European Community, the European Coal and Steel Community and the European - Atomic Energy Community, of the one part, and Turkmenistan, of the other part, on trade and trade-related matters

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first sentence thereof,

Having regard to the proposal from the Commission[1],

Having regard to the opinion of the European Parliament[2],

Whereas:

(1) Pending the entry into force of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the, one part, and Turkmenistan, of the other part, signed in Brussels on 25 May 1998, it is necessary to approve on behalf of the European Community, the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, signed in Brussels on 10 November 1999.

(2) Article 31 of this Interim Agreement on trade and trade-related matters should be amended in order to take into account the new official languages of the Community since the signature of this agreement, through the conclusion of the [Exchange of Letters between the European Community and Turkmenistan amending the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part as regards the authentic language versions].

HAS DECIDED AS FOLLOWS:

Article 1

The Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, together with its Annexes, the Protocol and the declarations, and the [Exchange of Letters between the European Community and Turkmenistan amending the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part as regards the authentic language versions], which amends Article 31 of this Interim Agreement on trade and trade-related matters are hereby approved on behalf of the European Community.

These texts are attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the persons empowered to sign the Exchange of Letters on behalf of the European Community.

Article 3

The President of the Council shall give the notification provided for in Article 32 of the Interim Agreement on behalf of the European Community.

Article 4

This Decision shall take effect on the date of its adoption.

Done at Brussels,

For the Council

The President

ANNEX

Exchange of Letters between the European Community and Turkmenistan amending the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part as regards the authentic language versions

A. Letter from the European Community

Sir,

The Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, was signed on 10 November 1999.

Article 31 of the Interim Agreement designates the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Turkmen language versions as authentic versions of this agreement.

Following the increase in the number of official languages of the institutions of the European Community, in particular following the accession of 12 new Member States to the European Union since the signature of the Interim Agreement, it is necessary that the Bulgarian, Czech, Estonian, Hungarian, Irish, Latvian, Lithuanian, Maltese, Polish, Romanian, Slovak and Slovene language versions of the Interim Agreement are also designated as authentic versions of the Interim Agreement and that Article 31 of the Interim Agreement is amended accordingly.

You will find these additional language versions attached to the present letter.

I would be grateful if you could express Turkmenistan’s acceptance of the attached language versions as authentic language versions of the Interim Agreement and Turkmenistan’s agreement to the corresponding amendment of Article 31 of the Interim Agreement.

This Instrument will enter into force on the date of its signature.

Please accept, Sir, the assurance of my highest consideration.

For the European Community

B. Letter from Turkmenistan

Sir,

I have the honour to acknowledge receipt of your letter [dated …] and the Annexed language versions of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, which reads as follows:

“[copy text Community letter]”

I have the honour to express Turkmenistan’s acceptance of the language versions attached to that letter as authentic language versions of the Interim Agreement and Turkmenistan’s agreement to the corresponding amendment of Article 31 of the Interim Agreement.

As set out in your letter, this instrument will enter into force on the date of its signature.

Please accept, Sir, the assurance of my highest consideration.

For Turkmenistan

[1] OJ C , , p. .

[2] OJ C , , p. .