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 Ukraine, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
Date: 2004-04-19
Institutions: European Commission
Subjects: Ukraine, cooperation agreement (EU), protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.4.2004 
COM(2004) 251 final 

2004/0080 (CNS) 

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 
Ukraine, of the other part, to take account of the accession of the Czech Republic, the 
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of 
Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the 
Republic of Slovenia and the Slovak Republic to the European Union 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The Partnership and Cooperation Agreement (PCA) between the European Communities and 
their Member States, of the one part, and Ukraine of the other part is a “mixed” agreement, 
which entered into force on 1 March 1998, i.e. before the enlargement of the Union to include 
the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, 
the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of 
Poland, the Republic of Slovenia and the Slovak Republic. It has therefore become necessary 
to draw up a protocol to the PCA to allow for the accession of the ten new Member States to 
the Agreement in accordance with Article 6(2) of the Act of Accession annexed to the Treaty 
of Accession of 16 April 2003. The Protocol also covers certain technical adjustments linked 
to institutional and legal developments within the European Union. 

On 8 December 2003, the Council authorised the Commission to open negotiations, on behalf 
of  the  Community  and  its  Member  States,  with  Armenia,  Azerbaijan,  Belarus,  Georgia, 
Kazakhstan,  Kyrgyzstan,  Moldova,  the  Russian  Federation,  Turkmenistan,  Ukraine  and 
Uzbekistan in order to conclude Protocols to the Partnership and Cooperation Agreements.  

The negotiations with Ukraine have subsequently been completed. The text of the negotiated 
protocol is attached. 

The  attached  proposals  are  for  (1)  a  Council  Decision  on  the  signature  and  provisional 
application of the Protocol and (2) a Council and Commission Decision on the conclusion of 
the Protocol. 

The Commission proposes that the Council should : 

- decide on the signature and provisional application of the Protocol on behalf of the European 
Community and its Member States; 

-  conclude  the  Protocol  on  behalf  of  the  European  Community  and  its  Member  States  and 
gives its approval for conclusion by the European Atomic Energy Community. 

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2004/0080 (CNS) 

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 Ukraine, of the other part, to take account of the accession of the Czech 
Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of 
Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of 
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic 
to the European Union 

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(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 
94, 133 and 181a, in conjunction with the second sentence of Article 300(2) and the 
first subparagraph of Article 300(3), 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 Treaty of Accession of 16 April 2003, and in particular Article 
2(3) thereof, 

Having  regard  to  the  Act  of  Accession  annexed  to  the  Treaty  of  Accession,  and  in 
particular Article 6 (2) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament,1 

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

Whereas: 

(1) 

The  Protocol  to  the  Partnership  and  Cooperation  Agreement  between  the 
European Community and its Member States, of the one part, and Ukraine, of 
the  other  part,  to  take  account  of  the  accession  of  the  Czech  Republic,  the 
Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the 

1 

OJ Reference to be added 

3 

 
 
  
 
                                                 
Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the 
Republic of Poland, the Republic of Slovenia and the Slovak Republic to the 
European Union, and providing for certain technical adjustments linked to the 
institutional  and  legal  developments  within  the  European  Union,  was  signed 
on behalf of the European Community and the Member States on [DATE TO 
BE ADDED] in accordance with Council Decision No….. 

(2) 

Pending  its  entry  into  force,  the  Protocol  has  been  applied  on  a  provisional 
basis as from the date of accession. 

(3) 

The Protocol should be concluded, 

HAVE DECIDED AS FOLLOWS: 

Article 1 

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, 
to take account of the accession of the Czech Republic, the Republic of Estonia, the 
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic 
of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia 
and the Slovak Republic to the European Union is hereby approved on behalf of the 
European Community,  the  European Atomic  Energy  Community  and  the  Member 
States.  

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  and  its 
Member  States,  give  the notification  provided  for  in  Article  4  of  the  Protocol.  The 
President of the Commission shall simultaneously give such notification on behalf of 
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  CO-OPERATION  AGREEMENT 

between  the  European  Communities  and  their  Member  States,  of  the  one  part  and 
Ukraine, of the other part (PCA), on accession of the Czech Republic, the Republic of 
Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania, 
the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic 
of Slovenia and the Slovak Republic to the PCA and on adjustments to the PCA 

THE KINGDOM OF BELGIUM, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE REPUBLIC OF ESTONIA, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

IRELAND, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

THE REPUBLIC OF HUNGARY, 

THE REPUBLIC OF MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

THE REPUBLIC OF SLOVENIA, 

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THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND 

hereinafter referred to as the 'Member States', represented by the Council of the European Union, 
and 

THE EUROPEAN COMMUNITY 

AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, 

hereinafter  referred  to  as  'the  Communities',  represented  by  the  Council  of  the  European 
Union and the European Commission, 

of the one part, and 

UKRAINE 

of the other part, 

hereinafter referred to as "Parties" for the purposes of this Protocol 

HAVING REGARD TO the provisions of the Treaty between 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  and  the  United  Kingdom  of 
Great Britain and Northern Ireland (Member States of the European Union), and the Czech 
Republic,  the  Republic  of  Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the 
Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of 
Poland,  the  Republic  of  Slovenia  and  the  Slovak  Republic  concerning  the  accession  of  the 
Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the 
Republic  of  Lithuania,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the  Republic  of 
Poland, the Republic of Slovenia and the Slovak Republic to the European Union, which was 
signed in Athens on 16 April 2003 and will enter into force on 1 May 2004;  

CONSIDERING  the  new  situation  in  relations  between  Ukraine  and  the  European  Union 
arising from the accession to the EU of ten new Member States, which opens opportunities 
and brings about challenges for the co-operation between Ukraine and the European Union, 

TAKING  INTO  ACCOUNT  the  desire  of  the  Parties  to  ensure  the  attainment  and 
implementation of the objectives and principles of the PCA; 

HAVE AGREED AS FOLLOWS: 

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Article 1 

The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, 
the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of 
Poland, the Republic of Slovenia and the Slovak Republic 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  Ukraine,  of  the  other  part,  signed  in 
Luxembourg  on  14  June  1994  and  entered  into  force  on  1  March  1998  (hereinafter  '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,  and  of  the  Joint 
Declarations, Declarations and Exchanges of Letters annexed to the Final Act signed on the 
same date and the Protocol to the Agreement of 10 April 1997 that entered into force on 12 
October 2000. 

Article 2 

(1) 

(2) 

(3) 

To take account of recent institutional developments within the European Union, the 
Parties agree that following the expiry of the Treaty establishing The European Coal 
and Steel Community, existing provisions in the Agreement referring to the European 
Coal  and  Steel  Community  shall  be  deemed  to  refer  to  the  European  Community 
which has taken over all rights and obligations contracted by the European Coal and 
Steel Community. 

To  take  account  of  the  institutional  developments  that  have  taken  place  in  the 
international  trading  system  of  the  GATT-WTO,  the  Parties  agree  that  the  existing 
references to the GATT throughout the text of the Agreement shall be deemed to refer 
to  the  GATT  1994,  and  the  provision  "Ukraine's  accession  to  the  GATT"  shall  be 
understood as "Ukraine's accession to the WTO".  

To take account of the development of the treaty base of the European Energy Charter, 
the Parties agree that existing references to the European Energy Charter throughout 
the  text  of  the  Agreement  shall  be  considered  to  include  references  to  the  Energy 
Charter Treaty and to the Energy Charter Protocol on Energy Efficiency and Related 
Environmental Aspects. 

This Protocol shall form an integral part of the Agreement. 

Article 3 

Article 4 

(1) 

(2) 

This Protocol shall be approved by the Communities, by the Council of the European 
Union on behalf of the Member States and by Ukraine in accordance with their own 
procedures.  

The Parties shall notify each other of the completion of the corresponding procedures 
referred to in the preceding paragraph. The instruments of approval shall be deposited 
with the General Secretariat of the Council of the European Union. 

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Article 5  

(1) 

This  Protocol  shall  enter  into  force  on  the  same  day  as  the  Treaty  on  Accession 
provided  that  all  the  instruments  of  approval  of  this  Protocol  have  been  deposited 
before that date. 

(2)  Where not all instruments of approval of this Protocol have been deposited before that 
date, this Protocol shall enter into force on the first  day  of the  first month  following 
the date of the deposit of the last instrument of approval. 

(3)  Where not all instruments of approval of this  Protocol  have  been  deposited  before  1 
May 2004, this Protocol shall apply provisionally with effect from 1 May 2004.  

Article 6 

The  texts  of  the  Agreement,  the  Final  Act  and  all  documents  annexed  to  it,  as  well  as  the 
Protocol  to  Agreement  of  10  April  1997,  are  drawn  up  in  the  Czech,  Estonian,  Hungarian, 
Latvian, Lithuanian, Maltese, Polish, Slovene and Slovak 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 to it, as well as 
the Protocol to the Agreement of 10 April 1997, are drawn up. 

Article 7 

This  Protocol  is  drawn  up  in  duplicate  in  the  Czech,  Danish,  Dutch,  English,  Estonian, 
Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, 
Portuguese, Slovene, Slovak, Spanish, Swedish and Ukrainian languages, each of these texts 
being equally authentic. 

Done at.... on .... in the year 2004 

FOR THE MEMBER STATES 

FOR THE EUROPEAN COMMUNITIES  

FOR UKRAINE  

8