COMMISSION OI llll I UKOIM AN COMMUNIMI S 
Brussels, 29.03.1996 
COM(%)133 final 
96/0090 (AVC) 
Proposal for a 
COUNCIL AND COMMISSION DECISION 
on the conclusion of a Protocol to the Partnership and Cooperation Agreement 
between the European Communities and their Member States 
and Ukraine 
(presented by the Commission) 

Explanatory memorandum 
1. The Partnership and Cooperation Agreement between the European Communities 
and their Member States and Ukraine takes the Agreement on trade and 
commercial and economic cooperation concluded by the EEC and Euratom with 
the Soviet Union on 18 December 1989 a step further for the Communities. 
This Agreement is based on Articles 54(2), the closing sentence of Article 57(2) 
and Articles 73c(2), 75, 84(2), 113 and 235, in conjunction with the second 
sentence of Article 228(2) and the second subparagraph of Article 228(3) of the 
EC Treaty, Article 101 of the Euratom Treaty and on the ECSC Treaty. 
2. A need arose for a protocol to the text of the Agreement signed on 14 June 1994 
and amended on 8 May 1995. 
3. The accession to the European Union and thereby to the Communities of Austria, 
Finland and Sweden on 1 January 1995 means these three new Member States 
have to be added to the list of contracting parties and the list of signatories. 
Proposal for a 
COUNCIL AND COMMISSION DECISION 
on the conclusion of a Protocol to the Partnership and Cooperation Agreement 
between the European Communities and their Member States 
and Ukraine 
THE COUNCIL OF THE EUROPEAN UNION, 
THE EUROPEAN COMMISSION, 
Having regard to the Treaty establishing the European Coal and Steel Community, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 54(2), the closing sentence of Article 57(2) and Articles 73c(2), 75, 84(2), 113 and 
235 in conjunction with the second sentence of Article 228(2) and the second 
subparagraph of Article 228(3) 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 assent of the European Parliament, 
Having regard to the approval of the Council given in accordance with Article 101 of the 
Treaty establishing the European Atomic Energy Community, 
Having consulted the ECSC Consultative Committee and the Economic and Social 
Committee, and with the unanimous agreement of the Council, 
Whereas, the conclusion of the Partnership and Cooperation Agreement between the 
European Communities and their Member States and Ukraine signed in Luxembourg on 
14 June 1994 would contribute to achieving the European Communities' objectives; 
Whereas that Agreement seeks to strengthen existing links, notably those established by 
the Agreement on Trade and Commercial and Economic Cooperation between the 
European Economic Community and the European Atomic Energy Community *and the 
USSR, signed on 18 December 1989; 
Whereas some of the obligations provided for in the Agreement in fields other than 
Community trade policy affect the arrangements established by Community acts, 
particularly acts relating to the right of establishment and to transport; 
Whereas the Agreement imposes on the Community certain obligations relating to the 
movement of capital and payments between the Community and Ukraine; 
Whereas in the case of certain measures provided for in the Agreement and failing within 
the Community's powers the EC Treaty provides no basis for action other than Article 
235: 
HAVE DECIDED AS FOLLOWS : 
Article 1 
The protocol to the Partnership and Cooperation Agreement between the European 
Communities and their Member States and Ukraine introducing the name of the three new 
Member States - Austria, Finland and Sweden - which joined the European Union on 
1.1.1995 is hereby approved on behalf of the European Community, the European Coal 
and Steel Community, and the European Atomic Energy Community. 
Article 2 
The President of the Council shall give the notification provided for in Article 102 of the 
Agreement on behalf of the European Community. 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, 
<i 
PROTOCOL 
to the Agreement on Partnership and Cooperation, establishing a Partnership between the 
European Communities and their Member States, of the one part, and Ukraine, 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 of 
the European Community, the European Coal and Steel Community and the European 
Atomic Energy Community, hereinafter referred to as "the Communities", 
of tht one part anri 
Ukraine 
taking info account the accession of the Republic of Austria, the Republic of Finland and 
the Kingdom of Sweden to the European Union and thereby to the Communities on 
1.01.1995, 
have agreed as follows : 
Article 1 
The Republic of Austria, the Republic of Finland and the Kingdom of Sweden are Parties 
to the Agreement on Partnership and Cooperation, establishing a Partnership between the 
European Communities and their Member States, of the one part, and Ukraine, of the 
other part, signed in Luxembourg on 14 June 1994, and respectively adopt and take note 
of, as other Member States of the Community, the texts of the Agreement, as well as of 
Joint Declarations, Exchanges of Letters annexed to the Final Act signed on the same 
date. 
Article 2 
The texts of the mentioned Agreement, the Final Act and all documents annexed to it are 
drawn up in. the Finnish and Swedish languages. They are annexed to the present protocol 
•2nd 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 Ukrainian laïiguages, 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 UKRAINE 
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 
* 

ISSN 0254-1475 
COM(96) 133 final 
DOCUMENTS 
EN 11 
Catalogue number : CB-CO-96-142-EN-C 
ISBN 92-78-01952-^ 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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