EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, 26.6.2015  
COM(2015) 311 final 
2015/0137 (NLE) 
  
Proposal for a 
COUNCIL DECISION 
on the signing, on behalf of the European  Union and its Member States, and provisional 
application of a Protocol to the Framework Agreement between the European Union 
and its Member States, on the one hand, and the Republic of Korea, on the other hand, 
to take account of the accession of the Republic of Croatia to the European Union 
 
EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
In accordance with the Act of A ccession of the Republic of Croatia, Croatia will accede to the 
international agreements signed or concluded by  the European Union and its Member States 
by means of a protocol to those agreements. 
The Council Decision of 14 September 20121 authorised the Commi ssion to open negotiations 
with the third countries con cerned, in order to conclude  the relevant protocols. 
The Framework Agreement between the European Union and its Member States, on the one 
hand, and the Republic of Korea, on the othe r hand (hereinafter re ferred to as ‘the 
Agreement’) was signed on 10 May 2010. 
Following negotiations with the Republic of Ko rea, the following distinct proposals are 
submitted: 
(i) Proposal for a Council Decision on the si gnature and provisi onal application of 
a Protocol to the Agreement (hereinafter referred to as ‘the Protocol’) to take 
account of Croatia’s accession to the European Union; 
(ii) Proposal for a Council D ecision 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 Republic of Korea were su ccessfully concluded by the initialling of the 
Protocol. The Commission has judged the result s of the negotiations to be satisfactory. 
3. LEGAL  ELEMENTS  OF THE  PROPOSAL 
The proposed Protocol makes the Republic of Cr oatia a contracting party to the Agreement 
and commits the EU to providing an authentic ve rsion of the Agreement in Croatian, which is 
now an official EU language. 
The Commission asks the Council to authorise th e signature, on behalf of the European Union 
and its Member States, and provisional applicat ion of a Protocol to the Framework Agreement 
between the European Union and its Member St ates, on the one hand, and the Republic of 
Korea, on the other hand, 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. 
                                                 
1 Council Decision authorising the opening of negotia tions 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). 
EN 3   EN 2015/0137 (NLE) 
Proposal for a 
COUNCIL DECISION 
on the signing, on behalf of the European Union and its Member States, and provisional 
application of a Protocol to the Framew ork Agreement between the European Union 
and its Member States, on the one hand, and the Republic of Korea, on the other hand, 
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 Functioni ng of the European Union establishing the 
European Union and in particular Articles  207 and 212, in conjuncti on with Article 218(5), 
thereof, 
Having regard to the Act of Accession of th e Republic of Croatia,  and in particular 
Article 6(2) thereof, 
Having regard to the proposal from the European Commission, 
Whereas: 
(1) The Framework Agreement between the Eu ropean Union and its Member States, on 
the one hand, and the Republic of Korea, on the other hand2 (‘the Agreement’), was 
signed in Brussels on 10 May 2010. 
(2) The Republic of Croatia became a Me mber State of the European Union on 
1 July 2013. 
(3) Under the terms of Article  6(2) of the Act of Accessi on, Croatia’s accession to the 
Agreement is to be agreed by means of a Protocol to the Agreement. A simplified 
procedure is to apply whereby the Protocol  is to be concluded by the Council, acting 
unanimously on behalf of the Member Stat es, and by the third countries concerned. 
(4) On 14 September 2012, the Council author ised the Commission to open negotiations 
with the third c ountries concerned3. The negotiations with th e Republic of Korea were 
successfully concluded by the initialling of the Protocol. 
(5) Article 4(3) of the Protocol  provides for its provisional application before its entry into 
force. 
(6) The Protocol should be signed, subject to it s conclusion at a later date, and applied on 
a provisional basis, 
                                                 
2 OJ L 332, 19.12.2005, p. 2. 
3 Council Decision authorising the opening of negotia tions 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). 
EN 4   EN HAS ADOPTED THIS DECISION: 
Article 1 
The signing on behalf of the Union and its Memb er States of the Prot ocol to the Framework 
Agreement between the European Union and it s Member States, on the one hand, and the 
Republic of Korea, on the other hand, is here by approved on behalf of the Union and its 
Member States, subject to the c onclusion of the said Protocol. 
The text of the Protocol is attached to this Decision. 
Article 2 
The General Secretariat of the Council shall esta blish the instrument of full powers to sign the 
Protocol, subject to its conclusion, for the person(s) indicated by the negotiator . 
Article 3 
Subject to its conclusion at a la ter date and pending its  entry into force, the Protocol shall be 
applied provisionally, in accord ance with its Article 4(3). 
Article 4 
This Decision shall enter into force on the day of its adoption. It sha ll be published in the 
Official Journal of the European Union . 
Done at Brussels, 
 For the Council 
 The President