98/149/EC, ECSC, Euratom: Council and Commission Decision of 26 January 1998 on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Ukraine, of the other part
Date: 1998-01-26
Institutions: Council of the European Union, European Commission
Subjects: EU Member State, European Community, Ukraine, cooperation agreement

19.2.98

EN

Official  Journal  of  the  European  Communities

L 49/1

II

(Acts  whose  publication  is  not  obligatory)

COUNCIL  AND  COMMISSION

COUNCIL  AND  COMMISSION  DECISION

of  26  January  1998

on  the  conclusion  of  the  Partnership  and  Cooperation  Agreement  between  the  European
Communities  and  their  Member  States,  of  the  one  part,  and  Ukraine,  of  the  other  part (1)

(98/149/EC,  ECSC,  Euratom)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

THE  COMMISSION  OF  THE  EUROPEAN  COMMUNITIES,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  54(2),  the  last
sentence  of  Article  57(2),  and  Articles  66,  73c(2),  75,
84(2),  99,  100,  113  and  235,  in  conjunction  with  the
second  sentence  of  Article  228(2)  and  the  second
subparagraph  of  Article  228(3)  thereof,

completion  of 

June  1994  by 

the  necessary  procedures, 

(1) This  Partnership  and  Cooperation  Agreement  was  signed
with  Ukraine  on  14 
the  European
Communities  and  the  twelve  Member  States  at  the  time.
Following  enlargement,  an  Additional  Protocol  was  signed
with  Ukraine  on  10  April  1997  so  as  to  enable  Austria,
Finland  and  Sweden  to  become  members  of  the  Agreement
alongside  the  other  twelve  Member  States  and  to  make  the
Swedish  and  Finnish  language  versions  of  the  Agreement
official.
the
After 
Communities and their Member States also decided — on the
conclusion  of  this  Partnership  Agreement  —  to  apply  the
aforementioned Additional Protocol provisionally pending its
entry  into  force,  in  accordance  with  Article  4  thereof.
Accordingly, the text of the Partnership Agreement contained
in the Finnish and Swedish editions of the Official Journal is
the  one  which  is  made  official  by  the  Additional  Protocol.
The Partnership and Cooperation Agreement concluded with
Ukraine  will  enter  into  force  on  1  March  1998,  the
notifications  regarding  the  completion  of  the  procedures  laid
down  in  Article  108,  second  paragraph,  of  the  Agreement
having  been  completed  by  the  parties  as  at  29  January
1998.

Having  regard  to  the  Treaty  establishing  the  European
Coal  and  Steel  Community,  and  in  particular  Article  95
thereof,

Having  regard  to  the  Treaty  establishing  the  European
Atomic  Energy  Community,  and  in  particular  the  second
paragraph  of  Article  101  thereof,

Having 
Parliament (2),

regard 

to 

the  assent  of 

the  European

Having consulted the ECSC Consultative Committee and
with  the  assent  of  the  Council,

Having  regard  to  the  approval  of  the  Council  given  in
accordance  with  Article  101  of  the  Treaty  establishing
the  European  Atomic  Energy  Community,

Whereas  conclusion  of  the  Partnership  and  Cooperation
Agreement between the European Communities and their
Member  States,  of  the  one  part,  and  Ukraine,  of  the
other,  signed  on  14  June  1994  in  Luxembourg,  will
contribute  to  the  achievement  of  the  objectives  of  the
European  Communities;

Whereas  the  purpose  of  that  Agreement  is  to  strengthen
the  links  established  in  particular  by  the  Agreement
between  the  European  Economic  Community  and  the
European  Atomic  Energy  Community  and  the  Union  of
Soviet  Socialist  Republics  on  trade  and  commercial  and
economic cooperation, signed on 18 December 1989 and
approved  by  Decision  90/116/EEC (3);

(2) OJ  C  339,  18.12.1995,  p.  42.
(3) OJ  L  68,  15.3.1990,  p.  1.

L 49/2

EN

Official  Journal  of  the  European  Communities

19.2.98

the
Whereas  certain  obligations,  provided 
Partnership  and  Cooperation  Agreement  outside  the
scope  of  Community  trade  policy,  affect  or  are  likely  to
affect  the  arrangements  laid  down  by  Community  acts
adopted  in  the  areas  of  the  right  of  establishment,
transport  and  the  treatment  of  enterprises;

for  by 

hereby  approved  on  behalf  of  the  European  Community,
the  European  Coal  and  Steel  Community  and  the
European  Atomic  Energy  Community.

The  texts  are  annexed  to  this  Decision.

Whereas  the  said  Agreement  imposes  on  the  European
Community 
capital
movements  and  payments  between  the  Community  and
Ukraine;

certain  obligations 

regarding 

Whereas,  in  addition,  insofar  as  the  said  Agreement
affects Council Directive 90/434/EEC of 23 July 1990 on
the  common  system  of  taxation  applicable  to  mergers,
divisions,  transfers  of  assets  and  exchanges  of  shares
concerning companies of different Member States (1),  and
Council  Directive  90/435/EEC  of  23  July  1990  on  the
common  system  of  taxation  applicable  in  the  case  of
parent  companies  and  subsidiaries  of  different  Member
States (2),  which  are  based  on  Article  100  of  the  Treaty
establishing  the  European  Community,  that  Article
should  be  used  as  a  legal  basis;

Whereas certain provisions of the said Agreement impose
on  the  Community  obligations  in  the  field  of  the
provision  of  services  which  go  beyond  the  crossborder
framework;

Whereas  for  certain  provisions  of  the  said  Agreement
which  are  to  be  implemented  by  the  Community,  the
Treaty  establishing  the  European  Community  makes  no
provision  for  specific  powers;  whereas  it  is  therefore
necessary  to  resort  to  Article  235  of  the  Treaty,

HAVE  DECIDED  AS  FOLLOWS:

Article  2

The  position  to  be  adopted  by  the  Community  in
1.
the Cooperation Council and the Cooperation Committee
shall  be  determined  by  the  Council,  on  a  proposal
from  the  Commission,  or,  where  appropriate,  by  the
Commission, in each case in accordance with the relevant
provisions  of  the  Treaties  establishing  the  European
Community,  the  European  Coal  and  Steel  Community
and  the  European  Atomic  Energy  Community.

In  accordance  with  Article  86  of  the  Partnership
2.
and Cooperation Agreement, the President of the Council
shall  chair  the  Cooperation  Council  and  shall  present
the  Community’s  position.  A  representative  of  the
Commission  shall  chair  the  Cooperation  Committee  in
accordance  with  its  rules  of  procedure  and  shall  present
the  Community’s  position.

3.
The decision to publish the recommendations of the
Cooperation  Council  and  the  Cooperation  Committee  in
the  Official  Journal  of  the  European  Communities  shall
be  taken  on  a  case-by-case  basis  by  the  Council  and  the
Commission.

Article  3

The  President  of  the  Council  shall  give  the  notification
provided  for  in  Article  108  of  the  Agreement  on  behalf
of  the  European  Community (3).  The  President  of  the
Commission  shall  give  such  notification  on  behalf  of  the
European  Coal  and  Steel  Community  and  the  European
Atomic  Energy  Community.

Article  1

Done  at  Brussels,  26  January  1998.

The Partnership and Cooperation Agreement between the
European  Communities  and  their  Member  States,  of  the
one  part,  and  Ukraine,  of  the  other  part,  together  with
the protocol, declarations and the exchange of letters, are

For  the  Commission

For  the  Council

The  President

J.  SANTER

The  President

R.  COOK

(1) OJ  L  225,  20.8.1990,  p.  1.
(2) OJ  L  225,  20.8.1990,  p.  6.

(3) The  date  of  entry  into  force  of  the  Interim  Agreement  will
be  published  in  the  Official  Journal  of  the  European
Communities  by  the  General  Secretariat  of  the  Council.