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 the Republic of Moldova
Date: 1996-03-29
Institutions: European Commission
Subjects: EU relations, Moldova, accession to the European Union, cooperation agreement (EU), protocol to an agreement

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Brussels, 29.03.1996 
COM(%)  132 final 

96/0088  (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 the Republic of Moldova 

(presented by the Commission) 

Explanatory,  memorandum 

1. 

2. 

3. 

The  Partnership  and  Cooperation  Agreement  between  the  European  Communities 
and  their  Member  States  and  Moldova  takes  the  Agi cement  on  luulr  ami 
commercial  and  economic  cooperation  concluded  by  the  EEC  and  Euratom  with 
the  Soviet  Union  on  18  December  1989  a  step  further  for  the  European 
Communities. 

This  Agreement  is  based  on  Articles  54(2),  the  closing  sentence  of  Article  57(2), 
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. 

A  need  arose  for  a protocol  to  the  text  of the  Agreement  signed  on  28  November 
1994. 

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. 

<L 

Proposai for a 

COUNCIL AND COMMISSION DECISION 

OF 

on the conclusion of a Protocol to the Partnership and Cooperation Agreement 
between  Che Kuropcjtit  CoittuimitCictt  ami  ihciv  Mvmbvt  Si<*i&* 

and the Republic of Moldova 

(EC/EURATOM/ECSC) 

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 the Republic  of Moldova  signed  in 
Brussels on 28 November  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 
the  arrangements  established  by  Community  acts, 
Community  trade  policy  affect 
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 the Republic of Moldova; 

2> 

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 the Republic of Moldova 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 87(a) 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  thé 
European Atomic Energy Community. 

Done at Brussels, 

<^ 

PROTOCOL 

to the Agreement  on Partnership  and Cooperation, establishing a Partnership between the 
European  Communities  and  their  Member  States,  of  the  one  part,  and  the  Republic  of 
Moldova, 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 the one part and 

the Republic of Moldova 

of the other part, 

S 

taking into 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  the  Republic  of 
Moldova,  of  the  other  part,  signed  in Brussels  on  28 November  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 
and  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 and  Swedish and Moldovan  languages,  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 REPUBLIC OF MOLDOVA 

For the KINGDOM OF DENMARK, 

For the FEDERAL REPUBLIC OF GERMANY, 

For the HELLENIC REPUBLIC, 

For the KINGDOM OF SPAIN, 

For the FRENCH REPUBLIC, 

G 

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)  132 final 

DOCUMENTS 

EN 

11 

Catalogue number  : CB-CO-96-141-EN-C 

ISBN 92-78-01941-0 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

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