RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL authorising the Commission to open negotiations with Turkmenistan to adapt the Partnership and Cooperation Agreement between the European Communities and its Member States, of the one part, and Turkmenistan, of the other part, to take into account of the accession of the Czech Republic, the Republic of Cyprus, the Republic of Estonia, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Slovak Republic, the Republic of Slovenia to the European Union
Date: 2010-08-11
Institutions: European Commission
Subjects: Central and Eastern Europe, agreement (EU), international trade, protocol to an agreement, textile product

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EUROPEAN COMMISSION 

Brussels, 11.8.2010 
SEC(2010) 972 final 

RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL 

authorising the Commission to open negotiations with Turkmenistan to adapt the 
Partnership and Cooperation Agreement between the European Communities and its 
Member States, of the one part, and Turkmenistan, of the other part, to take into account 
of the accession of the Czech Republic, the Republic of Cyprus, the Republic of Estonia, 
the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the 
Republic of Malta, the Republic of Poland, the Slovak Republic, the Republic of 
Slovenia to the European Union 

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RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL 

authorising the Commission to open negotiations with Turkmenistan to adapt the 
Partnership and Cooperation Agreement between the European Communities and its 
Member States, of the one part, and Turkmenistan, of the other part, to take into account 
of the accession of the Czech Republic, the Republic of Cyprus, the Republic of Estonia, 
the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the 
Republic of Malta, the Republic of Poland, the Slovak Republic, the Republic of 
Slovenia to the European Union 

A. 

1. 

2. 

3. 

4. 

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EXPLANATORY MEMORANDUM 

The  Partnership  and  Cooperation  Agreement  (PCA)  between  the  European 
Communities and its Member States, of the one part, and Turkmenistan, of the other 
part, signed in Brussels, on 25 May 1998, has not yet entered into force. 

As it was signed before the enlargement of the European Union to include on 1 May 
2004  the  Czech  Republic,  the  Republic  of  Cyprus,  the  Republic  of  Estonia,  the 
Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic 
of Malta, the Republic of Poland, the Slovak Republic, the Republic of Slovenia and 
on  1  January  2007  the  Republic  of  Bulgaria  and  Romania,  a  Protocol  to  the  PCA 
needs to be drawn up to allow the 12 new Member States to accede to the Agreement 
when it will enter into force.  

Under  Article  6  of  the  Act  concerning  the  conditions  of  accession  of  the  Czech 
Republic, the Republic of Cyprus, the Republic of Estonia, the Republic of Hungary, 
the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Malta,  the 
Republic of Poland, the Slovak Republic, the Republic of Slovenia to the European 
Union and the adjustment to the  Treaties  on which the  European Union is founded 
(OJ:L:2003:236;  hereinafter  the  'Act  of  Accession'),  the  accession  of  the  above-
mentioned 10 new Member States to the PCA with Turkmenistan is to be agreed by 
the conclusion of a protocol to this Agreement. Article 6(2) of the Act of Accession 
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. 

As authorised by the Council on 23 October 2006, the Commission has negotiated, 
on behalf of the Community and its Member States, with Turkmenistan with a view 
to  concluding  a  Protocol  to  the  PCA  to  take  into  account  the  accession  of  the 
Republic  of  Bulgaria  and  Romania  to  the  EU,  which  has  not,  however,  yet  been 
concluded.  

The  Commission  will  negotiate  a  Protocol  for  accession,  duly  talking  into  account 
the  Protocol  for  accession  of  the  Republic  of  Bulgaria  and  Romania  already 
negotiated,  on  behalf  of  the  European  Union  on  the  basis  of  negotiating  directives 
approved by the Council, acting by unanimity, and in consultation with a committee 
of  the  representatives  of  the  Member  States.  It  will  submit  a  draft  of  the  joint 
Protocol for conclusion to the Council. 

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6. 

As regards the timetable, these negotiations should be concluded rapidly in order to 
allow  for  the  Protocol  adjusting  the  PCA  to  enter  into  force  as  soon  as  possible, 
before the completion of the ratification of the PCA. 

B. 

RECOMMENDATION 

The Commission therefore recommends that the Council: 

–  authorise  the  Commission  to  negotiate,  on  behalf  of  the  European  Union,  with 
Turkmenistan,  a  protocol  adapting  the  Partnership  and  Cooperation  Agreement  between 
the European Communities and its Member States, of the one part, and Turkmenistan, of 
the other part, signed in Brussels, on 25 May 1998, to take into account the accession of 
the  Czech  Republic,  the  Republic  of  Cyprus,  the  Republic  of  Estonia,  the  Republic  of 
Hungary,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the  Republic  of  Malta,  the 
Republic of Poland, the Slovak Republic, the Republic of Slovenia to the European Union, 
on the basis of the annexed negotiating directives, taking due account of the Protocol for 
accession of the Republic of Bulgaria and Romania already negotiated; 

–  appoint  COEST  as  special  committee,  composed  of  the  representatives  of  the  Member 

States, to assist the Commission in its task; and 

–  adopt the annexed negotiating directives. 

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ANNEX  

Negotiating directives for the adaptation of the Partnership and Cooperation Agreement 
between the European Communities and its Member States, of the one part, and 
Turkmenistan, of the other part, to take into account the accession of the Czech 
Republic, the Republic of Cyprus, the Republic of Estonia, the Republic of Hungary, the 
Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of 
Poland, the Slovak Republic, the Republic of Slovenia to the European Union 

1. 

GENERAL OBJECTIVE 

Adaptation of the Partnership and Cooperation Agreement (PCA) with Turkmenistan 
to allow for the accession of the new Member States, which joined the EU on 1 May 
2004, to this Agreement. 

2. 

CONTENT OF THE PROTOCOL  

The new Member States of the European Union, which joined on 1 May 2004, will 
accede to the PCA with Turkmenistan. The Protocol will provide for the  necessary 
technical adaptation of the Agreement that will ensue from the accession of ten new 
contracting  parties  duly  taking  into  account  the  Protocol  for  accession  of  the 
Republic of Bulgaria and Romania already negotiated. 

3. 

TIMETABLE 

Negotiations should be concluded rapidly, allowing for adoption of the joint Protocol 
before the completion of ratification of the PCA with Turkmenistan. 

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