1999/490/EC, ECSC, Euratom: Council and Commission Decision of 12 May 1999 on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part
Date: 1999-05-12
Institutions: Council of the European Union, European Commission
Subjects: EAEC, ECSC, Kazakhstan, cooperation agreement (EU), customs duties, trade agreement (EU)

28.7.1999

EN

Official Journal of the European Communities

L 196/1

II

(Acts whose publication is not obligatory)

COUNCIL AND COMMISSION

COUNCIL AND COMMISSION DECISION

of 12 May 1999

the Partnership and Cooperation Agreement between the European
on the conclusion of
Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the
other part

(1999/490/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,

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 regard to the proposal from the Commission,

Having regard to the assent of the European Parliament (1),

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,

(1) Whereas conclusion of the Partnership and Cooperation
Agreement between the European Communities and their

(1) OJ C 115, 14.4.1997, p. 196.

Member States, of
the one part, and the Republic of
Kazakhstan, of the other, signed on 23 January 1995 in
the
contribute
Brussels, will
objectives of the European Communities;

achievement of

to the

(2) 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 (2);

(3) Whereas

certain

provided

obligations,

the
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

(4) Whereas the said Agreement

imposes on the European
Community
capital
regarding
movements and payments between the Community and
the Republic of Kazakhstan;

obligations

certain

(5) Whereas,

in addition,

transfers of assets and exchanges of

in so far as the said Agreement
affects Council Directive 90/434/EEC of 23 July 1990 on
the common system of
taxation applicable to mergers,
shares
divisions,
concerning companies of different Member States (3), 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 (4), which are based on Article 100 of the Treaty

(2) OJ L 68, 15.3.1990, p. 1.
(3) OJ L 225, 20.8.1990, p. 1.
(4) OJ L 225, 20.8.1990, p. 6.

L 196/2

EN

Official Journal of the European Communities

28.7.1999

establishing the European Community, that Article should
be used as a legal basis;

(6) 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;

when the latter is empowered to act by the Cooperation
Council shall be laid down by the Council, on a proposal by
the Commission, or, where appropriate, by the Commission,
each in accordance with the corresponding provisions of the
Treaties establishing the European Community, the European
Coal and Steel Community and the European Atomic Energy
Community.

(7) 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
therefore
is
specific powers; whereas
necessary to resort to Article 235 of the Treaty,

it

In accordance with Article 77 of the Partnership and
2.
the Council shall
the President of
Cooperation Agreement,
the
chair
the Cooperation Council
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.

shall present

and

HAVE DECIDED AS FOLLOWS:

Article 1

The Partnership and Cooperation Agreement between the
European Communities and their Member States, of the one
part, and the Republic of Kazakhstan, of
the other part,
together with the Protocol, Declarations and the Exchange of
Letters, are hereby approved on behalf of
the European
Community, the European Coal and Steel Community and the
European Atomic Energy Community.

The texts are attached to this Decision.

Article 2

1.
The position to be taken by the Community within the
Cooperation Council and within the Cooperation Committee

3.
the
The decision to publish the recommendations of
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

President of the Council shall give the notification provided for
in Article 99 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, 12 May 1999.

For the Commission

The President

J. SANTER

For the Council

The President

K.-H. FUNKE