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 Russian Federation, of the other part
Date: 2000-05-05
Institutions: European Commission
Subjects: ECSC Treaty, Russia, cooperation agreement (EU), enlargement of the Union, protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 05.05.2000
COM(2000) 118 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 Russian Federation, of the other part

(presented by the Commission)

EXPLANATORY MEMORANDUM

and

Partnership

Cooperation

The
the
European Communities and their Member States and the Russian Federation is a
“mixed” agreement, which was signed on 24 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 21 May 1997.

Agreement

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
the European Communities,
the parties,
Protocol had been ratified by all
their 15 Member States and the Russian Federation, since this was likely to take
some time. The parties therefore agreed that the enlargement Protocol would be
provisionally applied by the European Communities, the Russian Federation, and all
the Member States except Austria, Sweden, Finland, Denmark and Portugal which,
for internal constitutional reasons, had to ratify it.

i.e.

After the Protocol had been ratified by the Member States referred to above, the PCA
entered into force on 1 December 1997 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
Protocol on 12 June 1997.

to the conclusion of the enlargement

The ECSC Consultative Committee was consulted about
27 June 1996.

the Protocol on

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 the Russian Federation,
of the other part, on behalf of the European Community;

– to approve/give its 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 the Russian Federation,
of the other part, on behalf of the European Atomic Energy Community and the
European Coal and Steel Community.

2

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 Russian Federation, 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 Parliament,1

Having regard to the Council’s approval pursuant
establishing the European Atomic Energy Community,

to Article 101 of the Treaty

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

Whereas:

(1)

and

Partnership

Cooperation

The
the
European Communities and their Member States and the Russian Federation,2
which entered into force on 1 December 1997, 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 the Russian Federation.

Agreement

between

1

2

OJ C 339, 18.12.1995, p. 45.
OJ L 327, 28.11.1997, p. 1.

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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 21 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 Russian
Federation 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 the
the
Russian Federation, of
European Community,
and Steel Community and the
European Atomic Energy Community.

the other part,
the European Coal

is hereby approved on behalf of

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
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.

in Article 4 of

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 RUSSIAN FEDERATION, 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

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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",

THE RUSSIAN FEDERATION

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 Agreement on Partnership and Cooperation, establishing a

partnership between the European Communities and their Member States, of the one

part, and the Russian Federation, of the other part, signed at Corfu on 24 June 1994,

hereinafter the "Agreement", and shall respectively adopt and take note, in the same

manner, as the other Member States of the Community, of the texts of the Agreement,

as well as of the Joint Declarations, Exchanges of Letters, and Declarations by the

Russian Federation annexed to the Final Act signed on the same date.

Article 2

The texts of the Agreement, the Final Act and all documents annexed to it are drawn

up in the Finnish and Swedish languages. They are annexed to the Protocol and are

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equally authentic with the texts in the other languages in which the Agreement, the

Final Act and the documents annexed to it 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 Russian languages, each of

these texts being equally authentic.

Article 4

The 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

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,

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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 RUSSIAN FEDERATION

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