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

COMMISSION  OI 

l l ll 

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. 

2. 

3. 

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. 

A need arose for a protocol to the text of the Agreement  signed on  14 June 1994 
and amended on 8 May 1995. 

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 
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 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 

?