[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 28.06.2005

COM(2005)281 final

2005/0121(CNS)

Proposal for a

COUNCIL DECISION

on the signature of a Protocol to the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one part, and the Republic of Korea, of the other part, to take account of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

Proposal for a

COUNCIL DECISION

on the conclusion of a Protocol to the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one part, and the Republic of Korea, of the other part, to take account of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

(presented by the Commission)

EXPLANATORY MEMORANDUM

According to the terms of Article 6(2) of the Act of Accession of the new EU Member States to the EU, the accession of the new Member States to the Framework Agreement for Trade and Cooperation with the Republic of Korea shall be agreed by the conclusion of a protocol to this agreement. Article 6(2) provides for a simplified procedure, as this protocol is to be concluded by the Council of the European Union, acting unanimously on behalf of the Member States, and the third country concerned. This procedure is without prejudice to the Community’s own competences. On 3 December 2004, the Council approved a mandate for the Commission to negotiate such a protocol with the Republic of Korea. These negotiations have since been completed to the satisfaction of the Commission. The text of the protocol was initialled by the Commission and the Korean authorities on 14 April 2005.

The attached proposals are for (1) a Council Decision on the signature of the protocol and (2) a Council Decision on the conclusion of the Protocol.

The text of the protocol negotiated with Korea is attached. The most important aspects of the protocol are provision for the accession of the new Member States to the EU-Korea Framework Agreement for Trade and Cooperation and inclusion of the new official languages of the EU.

The Commission would ask the Council to approve the attached proposals for the signature and conclusion of the Protocol.

The European Parliament will be called upon to give its opinion to this protocol.

Proposal for a

COUNCIL DECISION

on the signature of a Protocol to the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one part, and the Republic of Korea, of the other part, to take account of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 57(2), Article 71, Article 80(2), and Articles 133 and 181a thereof, in conjunction with the first subparagraph of Article 300(2) thereof,

Having regard to the Act of Accession of the new Member States to the European Union, an in particular Article 6(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) On 3 December 2004, the Council authorised the Commission, on behalf of the European Community and its Member States, to open negotiations with the Republic of Korea with the view of adapting the Framework Agreement for Trade and Cooperation between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the new Member States to the European Union.

(2) These negotiations have been concluded to the satisfaction of the Commission,

HAS DECIDED AS FOLLOWS:

Sole Article

The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community and its Member States, the Protocol to the Framework Agreement for Trade and Cooperation between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union. The text of the Protocol is attached to this Decision.

Done at Brussels,

For the Council

The President

2005/0121(CNS)

Proposal for a

COUNCIL DECISION

on the conclusion of a Protocol to the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one part, and the Republic of Korea, of the other part, to take account of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 57(2), Article 71, Article 80(2), and Articles 133 and 181a thereof, in conjunction with the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the Act of Accession of the new Member States to the European Union, and in particular Article 6(2) thereof,

Having regard to the proposal from the Commission,

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

Whereas:

(1) The Protocol to the Framework Agreement for Trade and Cooperation between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part, was signed on behalf of the European Community and its Member States.

(2) The Protocol should be approved.

HAS DECIDED AS FOLLOWS:

Sole Article

The Protocol to the Framework Agreement for Trade and Cooperation between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union, is hereby approved on behalf of the European Community and its Member States. The text of the Protocol is attached to this Decision.

Done at Brussels,

For the Council

The President

Annex

Protocol to the Framework Agreement for Trade and Cooperation

between the European Community 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 Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

THE KINGDOM OF BELGIUM,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

THE REPUBLIC OF HUNGARY,

THE REPUBLIC OF MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

hereinafter referred to as “Members States” represented by the Council of the European Union, and

THE EUROPEAN COMMUNITY,

represented by the Council of the European Union and the European Commission

on the one hand

and the REPUBLIC OF KOREA

on the other hand

WHEREAS the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other hand, hereinafter referred to as “the Framework Agreement”, was signed in Luxembourg on 28 October 1996 and entered into force on 1 April 2001;

WHEREAS the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union and the Act thereto was signed in Athens on 16 April 2003 and entered into force on 1 May 2004;

WHEREAS, pursuant to Article 6(2) of the Act of accession, the accession of the new Member States of the EU to the Framework Agreement must be agreed by the conclusion of a protocol to the Framework Agreement;

HAVE AGREED AS FOLLOWS:

Article 1

The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic hereby become parties to the Framework Agreement and shall respectively adopt and take note, in the same manner as the other Member States, of the text of the Agreement, as well as the Joint Declaration on the political dialogue, and Unilateral Declarations.

Article 2

This Protocol shall form an integral part of the Framework Agreement.

Article 3

1. This Protocol shall be approved by the Community, by the Council of the European Union on behalf of the Member States, and by the Republic of Korea in accordance with their own procedures.

2. This Protocol shall enter into force on the first day of the month following the date on which the Parties have notified each other of the completion of the corresponding procedures referred to in the preceding paragraph.

Article 4

The notifications made in accordance with Article 3 shall be made to the Ministry of Foreign Affairs and Trade of the Republic of Korea and the Secretariat General of the Council of the European Union, respectively.

Article 5

This Protocol is drawn up in duplicate in the Danish , Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovakian, Slovenian and Korean languages, each of these texts being equally authentic.

Article 6

The text of the Framework Agreement, including the Joint Declaration on the political dialogue and the Unilateral Declarations shall be drawn up in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovenian languages and these texts shall be authentic in the same way as the original texts.

FOR THE MEMBER STATES

FOR THE EUROPEAN COMMUNITY

FOR THE REPUBLIC OF KOREA

[1] OJ C […] […], p. […]