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 Republic of Azerbaijan, 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: 2004-04-20
Institutions: European Commission
Subjects: Azerbaijan, cooperation agreement (EU), protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.04.2004 
COM(2004)267 final 

2004/0089 (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 the Republic of Azerbaijan, 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 the Republic of Azerbaijan of the other part is a 
“mixed” agreement, which entered into force on 1 July 1999, 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  the  Republic  of  Azerbaijan  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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2004/0089 (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 the Republic of Azerbaijan, 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, 

1 

OJ C […], […], p. […] 

3 

 
 
  
 
                                                 
Whereas: 

(1) 

The  Protocol  to  the  Partnership  and  Cooperation  Agreement  between  the 
European  Community  and  its  Member  States,  of  the  one  part,  and  the 
Republic of Azerbaijan, 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,  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  the  Republic  of 
Azerbaijan, 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 

4 

 
 
  
 
ANNEX 

DRAFT 

PROTOCOL TO THE PARTNERSHIP AND COOPERATION AGREEMENT 

establishing a partnership between the European Communities and their Member 
States, of the one part, and the Republic of Azerbaijan, 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 Hungary, the Republic of Latvia, the Republic of 
Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, 
and the Slovak Republic to the European Union 

THE KINGDOM OF BELGIUM, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

REPUBLIC OF ESTONIA, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

IRELAND, 

THE ITALIAN REPUBLIC, 

REPUBLIC OF CYPRUS, 

REPUBLIC OF LATVIA, 

REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

REPUBLIC OF HUNGARY, 

REPUBLIC OF MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

5 

 
 
  
 
REPUBLIC OF SLOVENIA, 

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 the Republic of Azerbaijan  

of the other part,  

HAVING  REGARD  TO  the  accession  of  the  Czech  Republic,  Estonia,  Cyprus, 
Latvia,  Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia  to  the  European 
Union on 1 May 2004,  

HAVE AGREED AS FOLLOWS: 

Article 1 

The  Czech  Republic,  Estonia,  Cyprus,  Latvia,  Lithuania,  Hungary,  Malta,  Poland, 
Slovenia and Slovakia 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 the Republic of Azerbaijan, of the other part, signed in 
Luxemburg  on  22  April  1996  (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 and of the documents attached to it.  

Article 2 

To take account of recent institutional developments within the European Union, the 
Parties agree that, following 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. 

6 

 
 
  
 
This Protocol shall form an integral part of the Agreement. 

Article 3 

1. 

2. 

1. 

2. 

3. 

Article 4 

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

The  Parties  shall  notify  each  other  of  the  accomplishment  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. 

Article 5 

This  Protocol  shall  enter  into  force  on  the  same  day  as  the  Treaty  of 
Accession  of  2003,2  provided  that  all  the  instruments  of  approval  of  this 
Protocol have been deposited before that date. 

Where  not  all  the  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. 

Where  not  all  the  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 are drawn 
up in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovene 
and Slovak languages.  

These texts 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 are drawn up. 

2 

OJ L 236, 23.9.2003. 

7 

 
 
  
 
                                                 
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 in Azerbaijani languages, 
each of these texts being equally authentic. 

Done at […] on […] in the year 2004 

FOR THE MEMBER STATES 

FOR THE EUROPEAN COMMUNITIES 

FOR THE REPUBLIC OF AZERBAIJAN 

8