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 Ukraine, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
Date: 2007-01-16
Institutions: European Commission
Subjects: Bulgaria, Romania, Ukraine, accession to the European Union, cooperation agreement (EU), protocol to an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.1.2007 
COM(2007) 6 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 Ukraine, of the other part, to take account of the accession of the 
Republic of Bulgaria and Romania to the European Union 

(presented by the Commission) 

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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 Republic of Bulgaria and Romania. A Protocol to the PCA therefore needs to be drawn up 
to allow the new Member States to accede to the Agreement, in accordance with Article 6(2) 
of the Act of Accession annexed to the Treaty of Accession of 25 April 2005.  

On 23 October 2006, the Council authorised the Commission to open negotiations, on behalf 
of the Community and its Member States, with Ukraine with a view to concluding a Protocol 
to the Partnership and Cooperation Agreement.  

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: 

– 

– 

take a decision 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 give its approval for conclusion of the Protocol 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 Ukraine, of the other part, to take account of the accession of the 
Republic of Bulgaria and Romania 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 the second sentence of Article 300(2) and the first subparagraph of 
Article 300(3), thereof, 

Having  regard  to  the  Treaty of Accession of the  Republic  of Bulgaria and Romania, and in 
particular Article 4(3) thereof, 

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

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

On  23  October  2006,  the  Council  authorised  the  Commission,  on  behalf  of  the 
Community  and  its  Member  States,  to  negotiate  with  Ukraine  a  Protocol  to  the 
Partnership  and  Cooperation  Agreement  to  take  account  of  the  accession  of  the 
Republic of Bulgaria and Romania to the European Union. 

Subject  to  its  possible  conclusion  at  a  later  date,  the  Protocol  initialled  on  *[Date]* 
should 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, 

HAS DECIDED AS FOLLOWS:  

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OJ C , , p. . 

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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  Ukraine,  of  the  other  part,  to  take  account  of  the 
accession of the Republic of Bulgaria and Romania, 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 

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ANNEX 

PROTOCOL 

TO THE PARTNERSHIP AND COOPERATION AGREEMENT (PCA)  

between the European Communities and their Member States, of the one part, and 
Ukraine, of the other part, on accession of the Republic of Bulgaria and Romania to the 
PCA 

THE KINGDOM OF BELGIUM, 

THE REPUBLIC OF BULGARIA, 

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, 

ROMANIA, 

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THE 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 

UKRAINE 

of the other part, 

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

HAVING REGARD TO the provisions of the Treaty between 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,  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  Republic  of  Bulgaria  and  Romania 
concerning the accession of the Republic of Bulgaria and Romania to the European Union, 
which  was  signed  in  Luxembourg  on  25  April  2005  and  will  enter  into  force  on  1 January 
2007, 

CONSIDERING  the  new  situation  in  relations  between  Ukraine  and  the  European  Union 
arising from the accession to the EU of two new Member States, which opens opportunities 
and brings about challenges for cooperation 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  Republic  of  Bulgaria  and  Romania  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 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 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, 
which entered into force on 12 October 2000, and the Protocol to the Agreement of 29 April 
2004 that entered into force on 01 February 2006. 

This Protocol shall form an integral part of the Agreement. 

Article 2 

1. 

2. 

1. 

2. 

3. 

1. 

2. 

Article 3 

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 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 4 

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 by 
that date. 

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

Where  not  all  instruments  of  approval  of  this  Protocol  have  been  deposited  by  1 
January  2007,  this  Protocol  shall  apply  provisionally  with  effect  from  1  January 
2007.  

Article 5 

The texts of the Agreement, the Final Act and all documents annexed to it, and the 
Protocols to the Agreements of 10 April 1997 and 29 April 2004 are drawn up in the 
Bulgarian and Romanian 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, 

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and the Protocols to the Agreements of 10 April 1997 and 29 April 2004 are drawn 
up. 

Article 6 

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

Done at.... on .... in the year 2006 

FOR THE MEMBER STATES  

FOR THE EUROPEAN COMMUNITIES  

FOR UKRAINE 

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