Proposal for a Council Decision on the signing and provisional application of a 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, 20.4.2004 
COM(2004) 266 final 

 . 

Proposal for a 

COUNCIL DECISION 

on the signing and provisional application of a 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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Proposal for a 

COUNCIL DECISION 

on the signing and provisional application of a 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, 

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 Article 300(2) first subparagraph first sentence, thereof, 

Having  regard  to  the  Treaty  of  Accession  of  16  April  2003,  and  in  particular  Article  2(3) 
thereof, 

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

Having regard to the proposal from the Commission,1 

Whereas: 

(1) 

(2) 

(3) 

On  8  December  2003,  the  Council  authorised  the  Commission,  on  behalf  of  the 
Community  and  its  Member  States,  to  negotiate  with  the  Republic  of  Azerbaijan  a 
Protocol  to  the  Partnership  and  Cooperation  Agreement  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  to  provide  for  certain  technical  adjustments  linked  to  the 
institutional and legal developments within the European Union. 

Subject  to  its  possible  conclusion  at  a  later  date,  the  Protocol  has  been  negotiated 
between the Parties and should now be signed on behalf of the European Community 
and its Member States, 

The Protocol should be applied on a provisional basis as from the date of accession, 
pending completion of the relevant procedures for its formal conclusion, 

1 

OJ C […], […], p. […]. 

3 

 
 
  
 
                                                 
HAS DECIDED AS FOLLOWS:  

Article 1 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign,  on  behalf  of  the  European  Community  and  its  Member  States,  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  Cyprus,  the  Republic  of 
Estonia,  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, 
subject to possible conclusion at a later stage. 

The text of the Protocol is attached to this Decision. 

Article 2 

Pending its entry into force, the Protocol shall be applied on a provisional basis from the date 
of accession. 

Done at Brussels, […] 

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, 

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 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. 

This Protocol shall form an integral part of the Agreement. 

Article 3 

6 

 
 
  
 
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. 

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 

2 

OJ L 236, 23.9.2003. 

7