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 Russian Federation, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
Date: 2007-03-22
Institutions: European Commission
Subjects: Bulgaria, Romania, Russia, accession to the European Union, cooperation agreement (EU), protocol to an agreement, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.3.2007 
COM(2007) 139 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 Russian Federation, 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  Russian  Federation,  of  the  other  part,  is  a 
“mixed”  agreement,  which  entered  into  force  on  1  December  1997,  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  Russian  Federation  with  a  view  to 
concluding a Protocol to the Partnership and Cooperation Agreement.  

The negotiations with the Russian Federation 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 Russian Federation, 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  Russian  Federation  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  its  date  of  signature, 
pending completion of the relevant procedures for its formal conclusion, 

1 

OJ C […], […], p. […]. 

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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 Russian Federation, 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 its date 
of signature. 

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 the 
Russian Federation, 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, 

THE 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 RUSSIAN FEDERATION 

of the other part, 

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

HAVING  REGARD  TO  the  accession  of  the  Republic  of  Bulgaria  and  Romania  to  the 
European Union, on 1 January 2007, 

CONSIDERING  the  new  situation  in  relations  between  the  Russian  Federation  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  the  Russian 
Federation 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  establishing  a  partnership 
between the European Communities and their Member States of the one part and the Russian 
Federation of the other part, 

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  Russian  Federation,  of  the  other  part,  signed  in  Corfu  on 
24 June 1994 and entered into force on 1 December 1997, (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 21 May 1997, that entered into force on 1 December 2000, and the Protocol 
to the Agreement of 27 April 2004 that entered into force on 1 March 2005. 

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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 Russian Federation 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 first day of the first month following the 
date of deposit of the last instrument of approval. 

Pending the date of its entry into force, this Protocol shall apply provisionally with 
effect from its date of signature.  

Article 5 

The texts of the Agreement, the Final Act and all documents annexed to it, and the 
Protocols to the Agreement of 21 May 1997 and 27 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, 
and the Protocols to the Agreement of 21 May 1997 and 27 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  Russian 
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 RUSSIAN FEDERATION 

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