2002/245/EC: Council Decision of 28 February 2002 on the conclusion of an agreement on co-operation and customs union between the European Economic Community and the Republic of San Marino and of the Protocol thereto following the enlargement which took effect on 1 January 1995
Date: 2002-02-28
Institutions: Council of the European Union
Subjects: Austria, Finland, San Marino, Sweden, cooperation agreement (EU), customs union, enlargement of the Union

28.3.2002

EN

Official Journal of the European Communities

L 84/41

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 28 February 2002

on the conclusion of an agreement on co-operation and customs union between the European
Economic Community and the Republic of San Marino and of the Protocol thereto following the
enlargement which took effect on 1 January 1995

(2002/245/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
in
Community, and in particular Articles 133 and 308,
conjunction with the second sentence of Article 300(2) and the
first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

The Agreement on co-operation and customs union
between the European Economic Community and the
Republic of San Marino, hereinafter referred to as the
‘Agreement’, was signed in Brussels on 16 December
1991 and has been ratified by the 12 Member States
who were signatories thereto at the time.

concluded between the

An Interim Agreement on Trade and Customs Union
was
European Economic
Community and the Republic of San Marino pending
the Agreement's entry into force (3).

Austria, Finland and Sweden have joined the European
Union and must,
in accordance with the Treaty of
Accession, accede to the Agreement.

Their accession requires no amendment to the Agree-
ment other than the preparation of authentic texts in the
Finnish and Swedish languages.

(1) OJ C 302, 22.11.1991, p. 10 and

OJ C 124, 21.4.1997, p. 1.

(2) OJ C 241, 21.9.1992, p. 169 and
OJ C 328, 26.10.1998, p. 218.

(3) OJ L 359, 9.12.1992, p. 13.

(5)

(6)

(7)

This being so, given the special situation of San Marino
and in furtherance of
external
economic relations, the Agreement should enter into
force in so far as it concerns the Community and the 12
signatory Member States.

the Community's

The Council, acting on behalf of the Community, should
at the same time approve a Protocol to the Agreement
the Republic of
consequent upon the accession of
Austria, the Republic of Finland and the Kingdom of
Sweden to the European Union (hereinafter referred to
as the ‘Protocol’).

In the case of Austria, Finland and Sweden, the Agree-
ment and the Protocol thereto and, in that of the other
12 Member States, the Protocol, will enter into force
after notification has been given that
the relevant
procedures have been completed,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement on co-operation and customs union between
the European Economic Community and the Republic of San
Marino, signed in Brussels on 16 December 1991, including
the declarations forming part thereof, is hereby approved on
behalf of the Community.

The texts of the Agreement and the declarations are annexed to
this Decision.

The President of
the
Community, give the notification provided for in Article 30 of
the Agreement.

shall, on behalf of

the Council

L 84/42

EN

Official Journal of the European Communities

28.3.2002

Article 2

The Protocol to the Agreement on Cooperation and Customs Union between the European Economic
Community and the Republic of San Marino consequent upon the accession of the Republic of Austria, the
Republic of Finland and the Kingdom of Sweden to the European Union is hereby approved on behalf of
the Community.

The text of the Protocol

is annexed to this Decision.

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

Done at Brussels, 28 February 2002.

For the Council

The President

A. ACEBES PANIAGUA