2005/40/EC, Euratom: Council and Commission Decision of 13 December 2004 concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part
Date: 2004-12-13
Institutions: Council of the European Union, European Commission
Subjects: Croatia, association agreement (EU), cooperation policy, economic stabilisation, ratification of an agreement

28.1.2005

EN

Official Journal of the European Union

L 26/1

II

(Acts whose publication is not obligatory)

COUNCIL AND COMMISSION

COUNCIL AND COMMISSION DECISION

of 13 December 2004

concerning the conclusion of the Stabilisation and Association Agreement between the European
Communities and their Member States, of the one part, and the Republic of Croatia, of the other
part

(2005/40/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 in conjunction with
Article
and
last
subparagraph,
Article 300(3), second subparagraph thereof (1),

sentence

300(2),

first

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,

Whereas:

(1)

The Stabilisation and Association Agreement between
the European Communities and their Member States, of
the one part, and the Republic of Croatia, of the other
part, has been signed on behalf of the European Com-
munity, in Luxembourg on 29 October 2001, subject to
its possible conclusion at a later date.

(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 and 36).

(2) OJ C 332 E, 27.11.2001, p. 2.
(3) OJ C 177 E, 25.7.2002, p. 122.

(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 III, 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 (as the case may be) notifies the Republic of
Croatia 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 annexed to
those Treaties on the position of Denmark.

(4)

The Agreement should be approved,

HAVE DECIDED AS FOLLOWS:

Article 1

1.
The Stabilisation and Association Agreement between the
European Communities and their Member States, of the one
part, and the Republic of Croatia, of
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 Com-
munity.

the other part,

The texts referred to in paragraph 1 are attached to this

2.
Decision.

L 26/2

EN

Official Journal of the European Union

28.1.2005

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,

2.
in accordance with
Article 111 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-
munity,
the act of notification provided for in
Article 127 of the Agreement. The President of the Commis-
sion shall deposit the said act of notification on behalf of the
European Atomic Energy Community.

to deposit

Done at Brussels, 13 December 2004

For the Council

The President

B. R. BOT

For the Commission

The President

J. M. BARROSO