99/614/EC, ECSC, Euratom: Council and Commission Decision of 31 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 Azerbaijan, of the other part
Date: 1999-05-31
Institutions: Council of the European Union, European Commission
Subjects: Azerbaijan, agreement (EU), cooperation agreement

17.9.1999

EN

Official Journal of the European Communities

L 246/1

II

(Acts whose publication is not obligatory)

COUNCIL AND COMMISSION

COUNCIL AND COMMISSION DECISION

of 31 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 Azerbaijan, of the
other part

(1999/614/EC, ECSC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Azerbaijan, of the other part, signed on 22 April 1996 in
Luxembourg, will contribute to the achievement of the
objectives of the European Communities;

Having regard to the Treaty establishing the European
Community, and in particular Article 44(2), the last sentence
of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133
second sentence of
and 308,
Article 300(2) and the second subparagraph of Article 300(3)
thereof,

in conjunction with 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);

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,

the Council given in
Having regard to the approval of
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
the one part, and the Republic of
Member States, of

(1) OJ C 115, 14.4.1997, p. 193.

(3) Whereas

certain obligations, provided

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
movements and payments between the Community and
the Republic of Azerbaijan;

obligations

regarding

certain

(5) Whereas,

in addition,

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,
divisions,
transfers of assets and exchanges of shares
concerning companies of different Member States (3), and
Council Directive 90/435/EEC of 23 July 1990 on the
taxation applicable in the case of
common system of
parent companies and subsidiaries of different Member

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

L 246/2

EN

Official Journal of the European Communities

17.9.1999

States (1), which are based on Article 94 of the Treaty
establishing the European Community, that Article should
be used as a legal basis;

(6) Whereas certain provisions of the said Agreement impose
the
on the Community obligations
provision of services which go beyond the cross-border
framework;

in the field of

(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
is therefore
provision for specific powers; whereas it
the Treaty
to Article 308 of
necessary to resort
establishing the European Community,

HAVE DECIDED AS FOLLOWS:

Article 1

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 82 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

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.

The Partnership and Cooperation Agreement between the
European Communities and their Member States, of the one
part, and the Republic of Azerbaijan, 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 3

the Council

shall give the notification
The President of
provided for in Article 104 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.

Article 2

Done at Brussels, 31 May 1999.

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

For the Commission

The President

J. SANTER

For the Council

The President

O. SCHILY

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