Proposal for a Council Decision on the consequences of the expiry of the European Coal and Steel Community (ECSC) Treaty on the international agreements concluded by the ECSC
Date: 2002-06-20
Institutions: European Commission
Subjects: ECSC Treaty, European treaties, bilateral agreement, international agreement, third country

C 20 E/58

EN

Official Journal of the European Communities

28.1.2003

Proposal for a Council Decision on the consequences of the expiry of the European Coal and Steel
Community (ECSC) Treaty on the international agreements concluded by the ECSC

(2003/C 20 E/07)

COM(2002) 330 final — 2002/0127(ACC)

(Submitted by the Commission on 20 June 2002)

EXPLANATORY MEMORANDUM

The Treaty establishing the European Coal and Steel Community (ECSC) will expire on 23 July 2002. The
ECSC has concluded a number of international bilateral agreements that do not provide for the eventuality
of the expiry of the ECSC Treaty. Furthermore, the subject matter covered by the ECSC Treaty will, upon
its expiry, be covered by the EC Treaty.

It is in the interest of the European Community that those agreements continue. It is therefore necessary
that the rights and obligations flowing from these international agreements be transferred to the EC. The
attached draft Council Decision foresees such a transfer and charges the Commission to inform all
interested third countries and to undertake all necessary technical amendments.
to this
Council Decision, there will be a Decision taken by the Representatives of the Governments of the
Member States meeting within the Council devolving on the EC all rights and obligations entered into
by the ECSC in bilateral international agreements.

In parallel

THE COUNCIL OF THE EUROPEAN UNION,

(7) Some of these treaties may require technical amendments

in order to make them compatible with EC rules.

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) By virtue of Article 97 thereof, the ECSC Treaty will expire

on 23 July 2002.

(2) A number of international agreements with third countries

have been concluded by the ECSC.

(3) Those agreements do not provide for the eventuality of the

expiry of the ECSC Treaty.

(4) The subject matter covered by the ECSC Treaty will, upon
its expiry, be covered by the EC Treaty, including Article
133 thereof.

(5) The Representatives of the Governments of the Member
States, meeting within the Council, have decided that the
European Community (EC) should succeed to the rights
and obligations flowing from the international agreements
concluded by the ECSC.

(6) It is considered that it is in the interests of the EC to
continue those international treaties beyond the expiry of
the ECSC Treaty and that they should devolve on the EC.

(8) It will be necessary to inform the third countries concerned

accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

As from 24 July 2002, the European Community (EC) shall
succeed to the rights and obligations flowing from the inter-
national agreements concluded by the European Coal and Steel
Community (ECSC) with third countries.

Article 2

The Commission shall
inform the third countries concerned
about the succession of the EC to the ECSC's rights and obli-
gations
shall
flowing from the agreements concerned.
furthermore undertake all necessary technical amendments in
order to make the agreements compatible with EC rules, and
shall, where
to the
agreements.

appropriate, negotiate

amendments

It

Article 3

This Decision shall enter into force on the day following the
day of its publication in the Official
the European
Communities.

Journal of

This Decision shall apply as from 24 July 2002.