Proposal for a Council Decision on the conclusion by the European Community of the interim agreement between the European Community, the European Coal and Steel Community and the European - Atomic Energy Community, of the one part, and Turkmenistan, of the other part, on trade and trade-related matters
Date: 2009-06-22
Institutions: European Commission
Subjects: Turkmenistan, cooperation policy, energy policy, interim agreement (EU), trade agreement (EU)

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.6.2009 
COM(2009) 287 final 

Proposal for a 

COUNCIL DECISION 

on the conclusion by the European Community of the interim agreement between the 
European Community, the European Coal and Steel Community and the European - 
Atomic Energy Community, of the one part, and Turkmenistan, of the other part, on 
trade and trade-related matters  

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

The  Interim  Agreement  between  the  European  Community,  the  European  Coal  and 
Steel Community and the European –Atomic Energy Community, of the one part, and 
Turkmenistan, of the other part, on trade and trade-related matters, was signed on 10 
November  1999.  The  Commission  sent  a  proposal  to  the  Council  requesting  the 
conclusion  of  the  Agreement  a  few  years  back.  However,  due  to  human  rights 
concerns, the Council decided to request also the opinion of the European Parliament 
(EP). 

The  EP  endorsed  the  Agreement  only  in  April  this  year.  Since  1999,  however,  there 
have  been  2  rounds  of  enlargement  and  several  languages  have  been  recognised  as 
official  EU  languages.  As  a  result,  the  original  Commission  proposal  needed  to  be 
updated  in  order  to  take  into  consideration  the  new  official  languages  of  the 
Community.  An  exchange  of  letters  between  the  European  Community  and 
Turkmenistan amending the Agreement as regards the authentic language versions is 
foreseen whereby the latter expresses its acceptance I the language versions. 

(3) 

The Commission therefore proposes that the Council concludes the Interim Agreement 
on behalf of the European Community and its Member States. 

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Proposal for a 

COUNCIL DECISION 

on the conclusion by the European Community of the interim agreement between the 
European Community, the European Coal and Steel Community and the European - 
Atomic Energy Community, of the one part, and Turkmenistan, of the other part, on 
trade and trade-related matters  

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
133 in conjunction with Article 300(2), first sentence thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

Pending  the  entry  into  force  of  the  Partnership  and  Cooperation  Agreement  between 
the  European  Communities  and  their  Member  States,  of  the,  one  part,  and 
Turkmenistan, of the other part, signed in Brussels on 25 May 1998, it is necessary to 
approve on behalf of the European Community, the Interim Agreement on trade and 
trade-related matters between the European Community, the European Coal and Steel 
Community  and  the  European  Atomic  Energy  Community,  of  the  one  part,  and 
Turkmenistan, of the other part, signed in Brussels on 10 November 1999. 

Article  31  of  this  Interim  Agreement  on  trade  and  trade-related  matters  should  be 
amended  in  order  to  take  into  account  the  new  official  languages  of  the  Community 
since  the  signature  of  this  agreement,  through  the  conclusion  of  the  [Exchange  of 
Letters  between  the  European  Community  and  Turkmenistan  amending  the  Interim 
Agreement on trade and trade-related matters between the European Community, the 
European Coal  and  Steel Community and the European Atomic Energy Community, 
of the one part, and Turkmenistan, of the other part as regards the authentic language 
versions]. 

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OJ C , , p. . 
OJ C , , p. . 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The Interim Agreement on trade and trade-related matters between the European Community, 
the  European  Coal  and  Steel  Community  and  the  European  Atomic  Energy  Community,  of 
the one part, and Turkmenistan, of the other part, together with its Annexes, the Protocol and 
the  declarations,  and  the  [Exchange  of  Letters  between  the  European  Community  and 
Turkmenistan  amending  the  Interim  Agreement  on  trade  and  trade-related  matters  between 
the European Community, the European Coal and Steel Community and the European Atomic 
Energy  Community,  of  the  one  part,  and  Turkmenistan,  of  the  other  part  as  regards  the 
authentic  language  versions],  which  amends  Article  31  of  this  Interim  Agreement  on  trade 
and trade-related matters are hereby approved on behalf of the European Community. 

These texts are attached to this Decision. 

Article 2 

The President of the Council is hereby authorised to designate the persons empowered to sign 
the Exchange of Letters on behalf of the European Community. 

The  President  of  the  Council  shall  give  the  notification  provided  for  in  Article  32  of  the 
Interim Agreement on behalf of the European Community. 

Article 3 

Article 4 

This Decision shall take effect on the date of its adoption. 

Done at Brussels, 

For the Council 
The President 

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ANNEX 

Exchange of Letters between the European Community and Turkmenistan amending 
the Interim Agreement on trade and trade-related matters between the European 
Community, the European Coal and Steel Community and the European Atomic 
Energy Community, of the one part, and Turkmenistan, of the other part as regards the 
authentic language versions 

A. 

Letter from the European Community 

Sir, 

The Interim Agreement on trade and trade-related matters between the European Community, 
the  European  Coal  and  Steel  Community  and  the  European  Atomic  Energy  Community,  of 
the one part, and Turkmenistan, of the other part, was signed on 10 November 1999. 

Article 31 of the Interim Agreement designates the Danish, Dutch, English, Finnish, French, 
German,  Greek,  Italian,  Portuguese,  Spanish,  Swedish  and  Turkmen  language  versions  as 
authentic versions of this agreement. 

Following the increase in the number of official languages of the institutions of the European 
Community, in particular following the accession of 12 new Member States to the European 
Union since the signature of the Interim Agreement, it is necessary that the Bulgarian, Czech, 
Estonian,  Hungarian,  Irish,  Latvian,  Lithuanian,  Maltese,  Polish,  Romanian,  Slovak  and 
Slovene language versions of the Interim Agreement are also designated as authentic versions 
of  the  Interim  Agreement  and  that  Article  31  of  the  Interim  Agreement  is  amended 
accordingly. 

You will find these additional language versions attached to the present letter. 

I would be grateful if you could express Turkmenistan’s acceptance of the attached language 
versions  as  authentic  language  versions  of  the  Interim  Agreement  and  Turkmenistan’s 
agreement to the corresponding amendment of Article 31 of the Interim Agreement. 

This Instrument will enter into force on the date of its signature.  

Please accept, Sir, the assurance of my highest consideration. 

For the European Community 

B. 

Letter from Turkmenistan 

Sir, 

I have the honour to acknowledge receipt of your letter [dated …] and the Annexed language 
versions of  the Interim Agreement on trade  and trade-related matters between the European 
Community,  the  European  Coal  and  Steel  Community  and  the  European  Atomic  Energy 
Community, of the one part, and Turkmenistan, of the other part, which reads as follows: 

“[copy text Community letter]” 

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I have the honour to express Turkmenistan’s acceptance of the language versions attached to 
that  letter  as  authentic  language  versions  of  the  Interim  Agreement  and  Turkmenistan’s 
agreement to the corresponding amendment of Article 31 of the Interim Agreement.  

As set out in your letter, this instrument will enter into force on the date of its signature. 

Please accept, Sir, the assurance of my highest consideration. 

For Turkmenistan 

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