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 Kazakhstan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
Date: 2007-03-16
Institutions: European Commission
Subjects: Bulgaria, Kazakhstan, Romania, accession to the European Union, interim agreement (EU), protocol to an agreement, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.3.2007 
COM(2007) 110 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 Kazakhstan, 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 the Republic of Kazakhstan, 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 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  the  Republic  of  Kazakhstan  with  a  view  to 
concluding a Protocol to the Partnership and Cooperation Agreement.  

The  negotiations  with  the  Republic  of  Kazakhstan  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 the Republic of Kazakhstan, 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  the  Republic  of  Kazakhstan  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  1st  January  2007, 
pending completion of the relevant procedures for its formal conclusion, 

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 

1 

OJ C […], […], p. […].. 

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Member  States,  of  the  one  part,  and  the  Republic  of  Kazakhstan,  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  
1st January 2007. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 

PROTOCOL 

TO THE PARTNERSHIP AND CO-OPERATION AGREEMENT between the 
European Communities and their Member States, of the one part and the Republic of 
Kazakhstan, of the other part (PCA), 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 the 

REPUBLIC OF KAZAKHSTAN 

of the other part, 

hereinafter referred to as "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 the Republic of Kazakhstan and the 
European  Union  arising  from  the  accession  to  the  EU  of  two  new  Member  States,  which 
opens opportunities and brings about challenges for the co-operation between the Republic of 
Kazakhstan 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; 

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HAVE AGREED AS FOLLOWS: 

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 the Republic of Kazakhstan, of the other part, signed in Brussels 
on 23 January 1995 and entered into force on 1 July 1999 (hereinafter the ‘Agreement’) and 
shall respectively adopt and take note, in the same manner, as the other Member States, of the 
texts  of  the  Agreement,  as  well  as  of  the  Joint  Declarations,  Exchanges  of  Letters,  and 
Declaration by the Republic of Kazakhstan annexed to the Final Act signed on the same date 
and  the  Protocol  to  the  Agreement  of  30  April  2004,  which  entered  into  force  on  1st  June 
2006. 

This Protocol shall form an integral part of the Agreement. 

Article 2 

1. 

2. 

1. 

2. 

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  the  Republic  of  Kazakhstan  in 
accordance with their own procedures. 

The Parties shall notify each other of the completion 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 4 

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. 

Pending the date of its entry into force, 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, as well as 
the Protocol to the Agreement of 30 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, as 
well as the Protocol to the Agreement of 30 April 2004, are drawn up. 

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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,  Slovene,  Slovak,  Spanish,  Swedish  and  Kazakh 
languages, each of these texts being equally authentic. 

Done at ... on ..... in the year 2007 

FOR THE MEMBER STATES  

FOR THE EUROPEAN COMMUNITIES 

FOR THE REPUBLIC OF KAZAKHSTAN 

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