2004/239/EC,Euratom: Council and Commission Decision of 23 February 2004 concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part
Date: 2004-02-23
Institutions: Council of the European Union, European Commission
Subjects: North Macedonia, association agreement (EU), cooperation policy, economic development, economic stabilisation, peacekeeping, trade agreement (EU)

20.3.2004

EN

Official Journal of the European Union

L 84/1

II

(Acts whose publication is not obligatory)

COUNCIL AND COMMISSION

COUNCIL AND COMMISSION DECISION

of 23 February 2004

concerning the conclusion of the Stabilisation and Association Agreement between the European
Communities and their Member States, of the one part, and the former Yugoslav Republic of Mace-
donia, of the other part

(2004/239/EC, Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 310 thereof, in conjunction
last sentence and
with Article 300(2),
Article 300(3), second subparagraph thereof (1),

first subparagraph,

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 (2),

Having regard to the assent of the European Parliament (3),

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

(2)

(3)

The commercial provisions contained in this Agreement
are of an exceptional nature, connected with the policy
implemented within the framework of the stabilisation
and association process and will not constitute, for the
European Union, any precedent
in the commercial
policy of the Community with regard to third countries
other than those of the Western Balkans.

The provisions of this Agreement that fall within the
scope of Part Three, Title IV of the Treaty establishing
the European Community bind the United Kingdom and
Ireland as separate Contracting Parties, and not as part
of the European Community, until the United Kingdom
or Ireland notifies the former Yugoslav Republic of
Macedonia that it has become bound as part of the Euro-
pean Community in accordance with the Protocol on
the position of the United Kingdom and Ireland annexed
to the Treaty on European Union and the Treaty estab-
lishing the European Community. The same applies to
Denmark, in accordance with the Protocol on the posi-
tion of Denmark annexed to those Treaties.

(4)

This Agreement should be approved,

Whereas:

HAVE DECIDED AS FOLLOWS:

(1)

The Stabilisation and Association Agreement between
the European Communities and their Member States, of
the one part, and the former Yugoslav Republic of Mace-
donia, of the other part, was signed on behalf of the
European Community, in Luxembourg on 9 April 2001,
in accordance with Council Decision of 4 April 2001
subject to its conclusion.

(1) The European Community has taken over all rights and obligations
of the European Coal and Steel Community, following the latter's
expiry on 23 July 2002 (OJ L 194, 23.7.2002, p. 35).

(2) OJ C 213 E, 31.7.2001, p. 23.
(3) OJ C 27 E, 31.1.2002, p. 59.

Article 1

The Stabilisation and Association Agreement between the Euro-
pean Communities and their Member States, of the one part,
and the former Yugoslav Republic of Macedonia, of the other
part,
the Annexes and Protocols annexed thereto and the
declarations attached to the Final Act are hereby approved on
behalf of the European Community and the European Atomic
Energy Community.

The texts referred to in the first paragraph are attached to this
Decision.

L 84/2

EN

Official Journal of the European Union

20.3.2004

Article 2

Article 3

1.
The position to be taken by the Community within the
Stabilisation and Association Council and within the Stabilisa-
tion and Association Committee, when the latter is empowered
to act by the Stabilisation and Association Council, shall be
determined by the Council, on a proposal by the Commission,
or, where appropriate, by the Commission, each in accordance
with the corresponding provisions of the Treaties.

The President of the Council shall,

in accordance with
2.
Article 109 of the Stabilisation and Association Agreement,
preside over the Stabilisation and Association Council. A repre-
sentative of the Commission shall preside over the Stabilisation
and Association Committee, in accordance with the Rules of
Procedure thereof.

3.
The decision to publish the decisions of the Stabilisation
and Association Council and the Stabilisation and Association
Committee in the Official Journal of the European Union shall be
taken on a case-by-case basis by the Council and the Commis-
sion respectively.

The President of the Council is hereby authorised to designate
the person(s) empowered, on behalf of the European Com-
the act of notification provided for in
munity,
Article 127 of the Agreement. The President of the Commis-
sion shall deposit the said acts of notification on behalf of the
European Atomic Energy Community.

to deposit

Done at Brussels, 23 February 2004.

For the Council

The President

B. COWEN

For the Commission

The President

Romano PRODI