EXPLANATORY MEMORANDUM

The Agreement between the European Economic Community and the Republic of Iceland, hereinafter referred to as ‘the Agreement’, was signed on 22 July 1972 and entered into force on 1 April 1973.

The attached proposal creates the legal instrument for the signature and provisional application of an Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland, to take account of the accession of the Republic of Croatia to the European Union (hereinafter referred to as ‘the Additional Protocol’).

According to the Act of Accession of the Republic of Croatia, 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.

On 24 September 2012[1], the Council authorised the Commission to open negotiations with the third countries concerned to conclude the relevant protocols. Negotiations with Iceland were successfully concluded by the initialling of the Additional Protocol.

The proposed Additional Protocol makes the Republic of Croatia a contracting party to the Agreement and commits the EU to providing an authentic version of the Agreement in the new official language of the EU. It also provides for additional fish trade concessions for Iceland, given Croatia’s accession to the European Economic Area.

The Additional Protocol was signed in Brussels on (...). The Council is asked to adopt the decision on the conclusion of the Additional Protocol, after obtaining the consent of the European Parliament.

2014/0046 (NLE)

Proposal for a

COUNCIL DECISION

on the conclusion of an Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland, 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 207 in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) thereof,

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

Having regard to the proposal from the European Commission[2],

Having regard to the consent of the European Parliament[3],

Whereas:

(1) The Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland, 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 the Member States on [xx.xx.201x] in accordance with Council Decision No [...][4].

(2) The Additional Protocol should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland, 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 the Member States.

Article 2

The President of the Council shall designate the person empowered, on behalf of the European Union and its Member States, to deposit the instruments of approval provided for in Article 4 of the Additional Protocol.

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).

[2] OJ C […], […], p.[…].

[3] OJ C […], […], p.[…].

[4] OJ L […], […], p.[…].

ANNEX ADDITIONAL PROTOCOL TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF ICELAND CONSEQUENT TO THE ACCESSION OF THE REPUBLIC OF CROATIA TO THE EUROPEAN UNION

THE EUROPEAN UNION

and

ICELAND

HAVING REGARD to the Agreement between the European Economic Community and the Republic of Iceland signed in Brussels on 22 July 1972, hereinafter called the "Agreement", and to the existing arrangements for trade in fish and fishery products between Iceland and the Community,

HAVING REGARD to the Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland concerning special provisions applicable for the period 2009-2014 to imports into the Union of certain fish and fishery products,

HAVING REGARD to the accession of the Republic of Croatia to the European Union,

HAVING REGARD to the Agreement on the Participation of the Republic of Croatia in the European Economic Area,

HAVING REGARD to the existing regime for trade in fish and fishery products between Iceland and the Republic of Croatia,

HAVE DECIDED to determine by common accord the adjustments to the Agreement consequent to the accession of the Republic of Croatia to the European Union,

AND TO CONCLUDE THIS PROTOCOL,

ARTICLE 1

The text of the Agreement, the Annexes and Protocols, which form an integral part thereof, the Final Act and the declarations annexed thereto shall be drawn up in the Croatian language and those texts shall be authentic in the same way as the original texts. The Joint Committee shall approve the Croatian text.

ARTICLE 2

1. The special provisions applicable to imports into the European Union of certain fish and fishery products originating in Iceland are laid down in this Protocol.

2. The tariff quotas’ volumes provided for in Article 3 of this Protocol shall cover the period of ten months remaining from Croatia's accession to the EU until the end of the 2009-2014 EEA Financial Mechanism (1 July 2013 to 30 April 2014). The quotas’ volumes shall be reviewed by the end of that period taking into account all relevant interests.

3. The tariff quotas shall apply from the day on which the provisional application of this Protocol becomes effective, according to the procedures laid down in paragraph 3 of Article 4 and shall be available for twelve months from that date.

ARTICLE 3

The Union shall open the following additional duty free tariff quotas for products originating in Iceland:

– Frozen Norway lobsters (Nephrops norvegicus) (CN code 0306 15 90) of 60 tonnes net weight.

– Fillets of redfish (Sebastes spp.), fresh or chilled (CN code 0304 49 50) of 100 tonnes net weight.

ARTICLE 4

1. This Protocol shall be ratified or approved by the Parties in accordance with their own procedures. The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.

2. It shall enter into force on the day following the deposit of the last instrument of ratification or approval provided that the instruments of ratification or approval of the following related agreements have been deposited as well:

(a) Agreement on the Participation of the Republic of Croatia in the European Economic Area;

(b) Additional Protocol to the Agreement between the European Union and the Kingdom of Norway on a Norwegian Financial Mechanism for the period 2009-2014 consequent to the participation of the Republic of Croatia in the European Economic Area;

(c) Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent to the accession of the Republic of Croatia to the European Union.

3. Pending the completion of the procedures referred to in paragraphs 1 and 2 of this Article, this Protocol shall be applied on a provisional basis from the first day of the third month following the deposit of the last notification to this effect.

ARTICLE 5

This Protocol is drawn up in single original, in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Icelandic languages, each of these texts being equally authentic, shall be deposited with the General Secretariat of the Council of the European Union, which will remit a certified copy to each of the Parties.

Done at Brussels, this....of 2013

For the European Union

For Iceland