Proposal for a Decision of the Council and of the Commission 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 Ukraine, of the other part
Date: 2000-04-06
Institutions: European Commission
Subjects: EU Member State, Ukraine, cooperation agreement (EU), enlargement of the Union

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 06.04.2000
COM(2000) 102 final

Proposal for a

DECISION OF THE COUNCIL AND OF THE COMMISSION

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 Ukraine, of the other part

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

Partnership

and Cooperation Agreement

The
the
European Communities and their Member States and Ukraine is a “mixed”
agreement, which was signed on 14 June 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 10 April 1997.

between

(PCA)

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

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

The Protocol has now been ratified by all
concluding it can therefore be adopted.

the signatories and a Decision

The European Parliament gave its assent to the conclusion of the enlargement
Protocol on 15 July 1997.

The ECSC Consultative Committee was consulted about
30 April 1996 and about its provisional application on 2 April 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
their
Agreement
Member States, of the one part, and Ukraine, of the other part, on behalf
of the European Community;

the European Communities

between

and

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 Ukraine, of the other part, on behalf of the European Atomic
Energy Community and the European Coal and Steel Community.

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-
-
Proposal for a

DECISION OF THE COUNCIL AND OF THE COMMISSION

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 Ukraine, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

THE EUROPEAN COMMISSION,

Having regard to the Treaty establishing the European Community, and in particular
Article 44(1), the last sentence of Article 47(2), Article 55, Article 57(2), Article 71,
Article 80(2), Articles 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
establishing the European Atomic Energy Community,

to Article 101 of the Treaty

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

Whereas:

(1)

The Partnership and Cooperation Agreement between the European Communities
and their Member States, of the one part, and Ukraine, of the other part2, which
entered into force on 1 March 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 Ukraine.

1

2

OJ C 286, 22.9.1997, p. 82.
OJ L 49, 19.2.1998, 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 10 April 1997 to include the three new
Member States in the Partnership and Cooperation Agreement.

The parties agreed to the provisional application of the enlargement Protocol by
the European Communities, Ukraine and all 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 Ukraine, 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 the same 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 UKRAINE, 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

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

hereinafter referred to as "the Community",

UKRAINE

of the one part, and

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 other part, signed in Luxembourg on 14 June 1994 hereinafter
Ukraine, of
"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 Ukrainian 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.

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Done at Brussels, on

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 UKRAINE

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