1999/491/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 Kyrgyz Republic, of the other part
Date: 1999-05-12
Institutions: Council of the European Union, European Commission
Subjects: EAEC, ECSC, Kyrgyzstan, cooperation agreement (EU), customs duties, trade agreement (EU)

L 196/46

EN

Official Journal of the European Communities

28.7.1999

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 Kyrgyz Republic, of the other
part

(1999/491/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),

(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 Kyrgyz Republic;

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

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

(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;

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
Member States, of the one part, and the Kyrgyz Republic,
of the other, signed on 9 February 1995 in Brussels, will
contribute to the achievement of
the
European Communities;

the objectives of

(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);

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

it

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 Kyrgyz Republic, of the other part, together with
the Protocol, Declarations and the Exchange of Letters, are

(1) OJ C 339, 18.12.1995, p. 52.
(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.

28.7.1999

EN

Official Journal of the European Communities

L 196/47

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

its rules of procedure and shall present
position.

the Community’s

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
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.

In accordance with Article 76 of the Partnership and
2.
the Council shall
the President of
Cooperation Agreement,
the
the Cooperation Council
chair
Community’s position. A representative of
the Commission
shall chair the Cooperation Committee in accordance with

shall present

and

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

the Council

The President of
shall give the notification
provided for in Article 98 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