Proposal for a Council and Commission Decision on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part
Date: 2000-04-03
Institutions: European Commission
Subjects: Moldova, cooperation agreement (EU), enlargement of the Union, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 03.04.2000
COM(2000) 116 final

Proposal for a

COUNCIL AND COMMISSION DECISION

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

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

and Cooperation Agreement

The Partnership
the
European Communities and their Member States and the Republic of Moldova
is a “mixed” agreement, which was signed on 28 November 1994, i.e., before
the enlargement of the Union to include Austria, Finland and Sweden. It was
therefore necessary to draw up an “enlargement Protocol” to include the three
new Member States, and this was signed on 15 May 1997.

between

(PCA)

Once the PCA was ratified by the signatory States, it was agreed that it
to postpone its entry into force until
would be politically desirable not
the enlargement Protocol had been ratified by all
the
European Communities, their 15 Member States and Moldova, since this was
likely to take some time. The parties therefore agreed that the enlargement
Protocol would be provisionally applied by the European Communities,
Moldova, and all the EC Member States except Austria, Sweden, Finland,
Denmark and Portugal which, for internal constitutional reasons, had to
ratify it.

the parties,

i.e.

After the Protocol had been ratified by the Member States referred to above,
the PCA entered into force on 1 July 1998 and the provisional application of
the Protocol took effect on the same date.

The Protocol has now been ratified by all the signatories and a Decision
concluding it can therefore be adopted.

The European Parliament gave its assent to the conclusion of the enlargement
Protocol on 16 July 1997.

The ECSC Consultative Committee was consulted about
30 April 1996 and about its provisional application on 27 May 1998.

the Protocol on

2.

The Council is invited:

to adopt the proposal for a Council and Commission Decision on the
conclusion of the Protocol to the Partnership and Cooperation
Agreement between the European Communities and their
Member States, of the one part, and Moldova, of the other part, on
behalf of the European Community;

to approve/assent to the Commission Decision on the conclusion of
the Protocol to the Partnership and Cooperation Agreement
between the European Communities and their Member States, of
the one part, and Moldova, of the other part, on behalf of the
European Atomic Energy Community and the European Coal and
Steel Community.

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-
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Proposal for a

COUNCIL AND COMMISSION DECISION

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

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 44(1), the last sentence of Article 47(2), Articles 55, 57(2), 71, 80(2), 93, 94, 133 and
308 in conjunction with the second sentence of Article 300(2) and the second subparagraph
of Article 300(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 Parliament1,

Having regard to the Council’s approval pursuant to Article 101 of the Treaty establishing the
European Atomic Energy Community,

After consulting the ECSC Consultative Committee and with the assent of the Council,

Whereas:

(1)

The Partnership and Cooperation Agreement between the European Communities
and their Member States and the Republic of Moldova2, which entered into force on
1 July 1998, contributes to achieving the objectives of the European Communities
in so far as it is an essential part of the strategy of the European Communities and
their Member States with regard to Moldova.

1

2

OJ C 286, 22.9.1997, p. 82.
OJ L 181, 24.6.1998, p. 3.

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(2)

(3)

Since the Partnership and Cooperation Agreement was signed before the enlargement
of the European Union to include Austria, Finland and Sweden, an enlargement
Protocol was signed on 15 May 1997 to include the three new Member States in
that Agreement.

An Agreement was reached between the parties, on the provisional application of the
enlargement Protocol by the European Communities, the Republic of Moldova and all
the Member States except Austria, Sweden, Finland, Denmark and Portugal.

(4)

All the signatories to the Protocol have now ratified it.

HAVE DECIDED AS FOLLOWS:

Article 1

The enlargement Protocol to the Partnership and Cooperation Agreement between the
European Communities and their Member States, of the one part, and the Republic of
Moldova, of the other part, is hereby approved on behalf of the European Community, the
European Coal and Steel Community and the European Atomic Energy Community.

The text of the enlargement Protocol is annexed to this Decision.

Article 2

The President of the Council shall, on behalf of the European Community, give the
notification provided for in Article 4 of the Protocol. 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,

For the Commission
The President

For the Council
The President

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ANNEX

PROTOCOL TO THE PARTNERSHIP AND COOPERATION AGREEMENT
BETWEEN THE EUROPEAN COMMUNITIES AND THEIR MEMBER
STATES, OF THE ONE PART, AND THE REPUBLIC OF MOLDOVA, 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

THE EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL
COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,

hereinafter referred to as "the Community",

of the one part, and

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THE REPUBLIC OF MOLDOVA

of the other part,

Having regard to the accession of the Republic of Austria, the Republic of Finland
and the Kingdom of Sweden to the European Union and thereby to the Community on
1 January 1995,

HAVE AGREED AS FOLLOWS :

ARTICLE 1

The Republic of Austria, the Republic of Finland and the Kingdom of Sweden shall
be Parties to the Partnership and Cooperation Agreement, establishing a partnership
between the European Communities and their Member States, of the one part, and the
Republic of Moldova, of the other part, signed in Brussels on 28 November 1994
hereinafter "the Agreement" , and shall respectively adopt and take note, in the same
manner as other Member States of the Community, of the texts of the Agreement, as
well as of the Joint Declarations, Declarations and Exchanges of Letters annexed to
the Final Act signed on the same date.

ARTICLE 2

The texts of the Agreement, the Final Act and all documents annexed thereto are
drawn up in the Finnish and Swedish languages. They are annexed to this Protocol
and are equally authentic with the texts in the other languages in which the
Agreement, the Final Act and the documents annexed thereto 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 Moldovan languages, each
of these texts being equally authentic.

ARTICLE 4

This 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

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For the KINGDOM OF BELGIUM,

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

For the REPUBLIC OF MOLDOVA

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