Proposal for a Council Decision on the conclusion of a Protocol to the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one part, and the Republic of Korea, of the other part, to take account of 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
Date: 2005-06-28
Institutions: European Commission
Subjects: South Korea, accession to the European Union, agreement (EU), cooperation agreement, framework agreement, protocol to an agreement, trade agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.06.2005 
COM(2005)281 final 

2005/0121(CNS) 

Proposal for a 

COUNCIL DECISION 

on the signature of a Protocol to the Framework Agreement for Trade and Cooperation 
between the European Community and its Member States, on the one part, and the 
Republic of Korea, of the other part, to take account of 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 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol to the Framework Agreement for Trade and 
Cooperation between the European Community and its Member States, on the one part, 
and the Republic of Korea, of the other part, to take account of 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 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

According to the terms of Article 6(2) of the Act of Accession of the new EU Member States 
to the EU, the accession of the new Member States to the Framework Agreement for Trade 
and Cooperation with the Republic of Korea shall be agreed by the conclusion of a protocol to 
this  agreement.  Article  6(2)  provides  for  a  simplified  procedure,  as  this  protocol  is  to  be 
concluded  by  the  Council  of  the  European  Union,  acting  unanimously  on  behalf  of  the 
Member  States,  and  the  third  country  concerned.  This  procedure  is  without  prejudice  to  the 
Community’s own competences. On 3 December 2004, the Council approved a mandate for 
the Commission to negotiate such a protocol with the Republic of Korea. These negotiations 
have since been completed to the satisfaction of the Commission. The text of the protocol was 
initialled by the Commission and the Korean authorities on 14 April 2005. 

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

The text of the protocol negotiated with Korea is attached. The most important aspects of the 
protocol  are  provision  for  the  accession  of  the  new  Member  States  to  the  EU-Korea 
Framework Agreement for Trade and Cooperation and inclusion of the new official languages 
of the EU. 

The Commission would ask the Council to approve the  attached  proposals for the signature 
and conclusion of the Protocol. 

The European Parliament will be called upon to give its opinion to this protocol.  

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Proposal for a 

COUNCIL DECISION 

on the signature of a Protocol to the Framework Agreement for Trade and Cooperation 
between the European Community and its Member States, on the one part, and the 
Republic of Korea, of the other part, to take account of 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 COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
57(2),  Article  71,  Article  80(2),  and  Articles  133  and  181a  thereof,  in  conjunction  with  the 
first subparagraph of Article 300(2) thereof, 

Having regard to the Act of Accession of the new Member States to the European Union, an 
in particular Article 6(2) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

On  3  December  2004,  the  Council  authorised  the  Commission,  on  behalf  of  the 
European Community and its Member States, to open negotiations with the Republic 
of  Korea  with  the  view  of  adapting  the  Framework  Agreement  for  Trade  and 
Cooperation between the European Community and its Member States, of the one part, 
and the Republic of Korea, of the other part, to take account of the new Member States 
to the European Union. 

(2) 

These negotiations have been concluded to the satisfaction of the Commission, 

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HAS DECIDED AS FOLLOWS: 

Sole Article 

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 
Framework Agreement for Trade and Cooperation between the European Community and its 
Member States, of the one part, and the Republic of Korea, 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 text of the Protocol is attached to this Decision. 

Done at Brussels, 

For the Council 
The President 

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2005/0121(CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol to the Framework Agreement for Trade and 
Cooperation between the European Community and its Member States, on the one part, 
and the Republic of Korea, of the other part, to take account of 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 COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
57(2),  Article  71,  Article  80(2),  and  Articles  133  and  181a  thereof,  in  conjunction  with  the 
first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof, 

Having regard to the Act of Accession of the new Member States to the European Union, 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 

Whereas: 

(1) 

The  Protocol  to  the  Framework  Agreement  for  Trade  and  Cooperation  between  the 
European  Community  and  its  Member  States,  of  the  one  part,  and  the  Republic  of 
Korea,  of  the  other  part,  was  signed  on  behalf  of  the  European  Community  and  its 
Member States. 

(2) 

The Protocol should be approved. 

1  

OJ C […] […], p. […] 

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HAS DECIDED AS FOLLOWS: 

Sole Article 

The Protocol to the Framework Agreement for Trade and Cooperation between the European 
Community and its Member States, of the one part, and the Republic of Korea, 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,  is  hereby  approved  on  behalf  of  the  European 
Community and its Member States. The text of the Protocol is attached to this Decision. 

Done at Brussels, 

For the Council 
The President 

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Annex 

Protocol to the Framework Agreement for Trade and Cooperation 

between the European Community and its Member States, on the one hand, and the 
Republic of Korea, on the other hand, 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, 

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, 

THE SLOVAK REPUBLIC, 

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THE REPUBLIC OF FINLAND,  

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,  

hereinafter referred to as “Members States” represented by the Council of the European 
Union, and  

THE EUROPEAN COMMUNITY, 

represented by the Council of the European Union and the European Commission 

on the one hand 

and the REPUBLIC OF KOREA 

on the other hand 

WHEREAS  the  Framework  Agreement  for  Trade  and  Cooperation  between  the  European 
Community and its Member States, on the one hand, and the Republic of Korea, on the other 
hand, hereinafter referred to as “the Framework Agreement”, was signed in Luxembourg on 
28 October 1996 and entered into force on 1 April 2001; 

WHEREAS  the  Treaty  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 and the Act thereto was signed in Athens on 
16 April 2003 and entered into force on 1 May 2004; 

WHEREAS,  pursuant  to  Article  6(2)  of  the  Act  of  accession,  the  accession  of  the  new 
Member States of the EU to the Framework Agreement must be agreed by the conclusion of a 
protocol to the Framework Agreement;  

HAVE AGREED AS FOLLOWS: 

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  hereby  become  parties  to  the 
Framework Agreement and shall respectively adopt and take note, in the same manner as the 
other  Member  States,  of  the  text  of  the  Agreement,  as  well  as  the  Joint  Declaration  on  the 
political dialogue, and Unilateral Declarations.  

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This Protocol shall form an integral part of the Framework Agreement.  

Article 2 

Article 3 

1. 

2. 

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

This Protocol shall enter into force on the first day of the month following the date 
on which the Parties have notified each other of the completion of the corresponding 
procedures referred to in the preceding paragraph. 

Article 4 

The notifications made in accordance with Article 3 shall be made to the Ministry of Foreign 
Affairs and Trade of the Republic of Korea and the Secretariat General of the Council of the 
European Union, respectively. 

Article 5 

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

Article 6 

The  text  of  the  Framework  Agreement,  including  the  Joint  Declaration  on  the  political 
dialogue and the Unilateral Declarations shall be drawn up in the Czech, Estonian, Hungarian, 
Latvian, Lithuanian, Maltese, Polish, Slovak and Slovenian languages and these texts shall be 
authentic in the same way as the original texts.  

FOR THE MEMBER STATES 

FOR THE EUROPEAN COMMUNITY 

FOR THE REPUBLIC OF KOREA 

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