Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of an accession Protocol to the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, on the other part
Date: 2012-08-13
Institutions: European Commission
Subjects: Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, cooperation agreement (EU), drug traffic, economic cooperation, environmental protection, international agreement, migration policy, poverty, protocol to an agreement, trade agreement

EUROPEAN COMMISSION 

Brussels, 13.8.2012  
COM(2012) 455 final 

2012/0220 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Union, of an accession Protocol to the Political 
Dialogue and Cooperation Agreement between the European Community and its 
Member States, of the one part, and the Republics of Costa Rica, El Salvador, 
Guatemala, Honduras, Nicaragua and Panama, on the other part 

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EXPLANATORY MEMORANDUM 

The  Political  Dialogue  and  Cooperation  Agreement  (PDCA)  between  the  European 
Community  and  its  Member  States,  of  the  one  part,  and  the  Republics  of  Costa  Rica,  El 
Salvador, Guatemala, Honduras, Nicaragua and Panama, on the other part, was signed on 15 
December 2003. The Agreement has now been ratified by all parties. 

Under the terms of Article 6(2) of the Act of Accession of new Member States to the EU, the 
accession of the new EU Member States to the PDCA is to be agreed by means of a protocol 
to this Agreement. The same article provides for a simplified procedure, whereby the protocol 
is to be concluded by the Council, acting unanimously on behalf of the Member States, and by 
the third country concerned. 

The 10 new Member States that joined the EU in 2004 — the Czech Republic, the Republic 
of  Estonia,  the  Republic  of  Cyprus,  Hungary,  the  Republic  of  Latvia,  the  Republic  of 
Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the 
Slovak  Republic  —  and  the  Republic  of  Bulgaria  and  Romania  that  joined  in  2007,  are  to 
accede to the PDCA by means of a protocol to the Agreement. 

A Council Decision on 17 November 2009 authorised the Commission to open negotiations 
with the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, 
in order to conclude the relevant protocol. 

The text of the protocol negotiated with the Central American partners is attached. The most 
important provision of the protocol concerns the accession of the new Member States to the 
PDCA and provides for authentic versions of the Agreement in the new official languages of 
the EU. 

The  attached  proposals  are  for  (1)  a  Council  Decision  on  the  signature  and  provisional 
application of the Protocol and (2) a Council Decision on the conclusion of the Protocol. 

The  Council  is  requested  to  adopt  the  proposed  Council  Decisions  for  the  signing  and 
conclusion of the Protocol. 

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2012/0220 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing, on behalf of the European Union, of an accession Protocol to the Political 
Dialogue and Cooperation Agreement between the European Community and its 
Member States, of the one part, and the Republics of Costa Rica, El Salvador, 
Guatemala, Honduras, Nicaragua and Panama, on the other part 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article(s) 212(3), in conjunction with Article 218(5) thereof, 

Having  regard  to  the  Treaty  of  Accession  of  16  April  2003,  and  in  particular  Article  2(3) 
thereof, 

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

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On  17  November  2009  the  Council  authorised  the  Commission  to  open  negotiations 
with the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and 
Panama  for  the  signature  of  an  accession  protocol  to  the  Political  Dialogue  and 
Cooperation  Agreement.  The  negotiations  were  successfully  concluded  by  the 
initialling of the Agreement.  

Under the terms of Article 6(2) of the Act of Accession of new Member States to the 
EU,  the  accession  of  the  new  EU  Member  States  to  the  PDCA  is  to  be  agreed  by 
means  of  a  protocol  to  this  Agreement.  The  same  article  provides  for  a  simplified 
procedure,  whereby  the  protocol  is  to  be  concluded  by  the  Council,  acting 
unanimously on behalf of the Member States, and by the third countries concerned.  

Article X of the Protocol negotiated with the Central American partners provides for 
the provisional application of the Protocol before its entry into force. 

Therefore,  subject  to  its  conclusion  at  a  later  date,  the  Protocol  should  be  signed  on 
behalf of the Union and its Member States and applied provisionally, 

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HAS ADOPTED THIS DECISION:  

Article 1 

The signing of  the  accession Protocol to  the Political Dialogue and Cooperation  Agreement 
with the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama 
is hereby approved on behalf of the Union, subject to the conclusion of the said Agreement.  

The text of the Agreement to be signed is attached to this Decision. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign,  on  behalf  of  the  European  Union  and  its  Member  States,  the  Protocol  to  the  Political 
Dialogue  and  Cooperation  Agreement  between  the  European  Community  and  its  Member 
States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, 
Nicaragua and Panama, on the other part. 

Article 3 

Pending its entry into force, the Protocol shall be applied on a provisional basis from the date 
of  the  entry  into  force  of  the  Political  Dialogue  and  Cooperation  Agreement  between  the 
European  Community  and  its  Member  States,  of  the  one  part,  and  the  Republics  of  Costa 
Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, on the other part. 

Article4 

This Decision is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

PROTOCOL 

to the Political Dialogue and Cooperation Agreement between the European Community and 
its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, 
Honduras, Nicaragua and Panama, of the other part, to take account of the accession of the 
Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Cyprus, 
Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the 
Republic of Poland, Romania, the Republic of Slovenia, and the Slovak Republicto the 
European Union 

THE KINGDOM OF BELGIUM, 

THE REPUBLIC OF BULGARIA, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE REPUBLIC OF ESTONIA, 

IRELAND, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBURG, 

HUNGARY, 

THE REPUBLIC OF MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE REPUBLIC OF POLAND, 

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THE PORTUGUESE REPUBLIC, 

ROMANIA, 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

and 

THE EUROPEAN UNION, 

of the one part, and 

THE REPUBLIC OF COSTA RICA, 

THE REPUBLIC OF EL SALVADOR, 

THE REPUBLIC OF GUATEMALA, 

THE REPUBLIC OF HONDURAS, 

THE REPUBLIC OF NICARAGUA, 

THE REPUBLIC OF PANAMA, 

of the other part, 

WHEREAS  the  Political  Dialogue  and  Cooperation  Agreement  between  the  European 
Community  and  its  Member  States,  of  the  one  part,  and  the  Republics  of  Costa  Rica,  El 
Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, hereinafter referred 
to as “the Agreement”, was signed in Rome on 15 December 2003; 

WHEREAS  the  Treaty  concerning  the  accession  of  the  Czech  Republic,  the  Republic  of 
Estonia,  the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the 
Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia 
and  the  Slovak  Republic  to  the  European  Union  (hereinafter  referred  to  as  “Treaty  of 
Accession”) was signed in Athens on 16 April 2003; 

WHEREAS,  pursuant  to  Article  6(2)  of  the  Act  of  Accession  the  incorporation  of  these 
Member  States  to  the  Agreement  shall  be  formalised  by  the  conclusion  of  a  protocol  to  the 
Agreement; 

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WHEREAS the Treaty concerning the accession of the Republic of Bulgaria and Romania to 
the European Union (hereinafter referred to as “the second Treaty of Accession”) was signed 
in Luxembourg on 25 April 2005; 

WHEREAS, pursuant to the second Treaty of Accession and in particular Article 6(2) of the 
Protocol  concerning  the  conditions  and  arrangements  for  admission  of  the  Republic  of 
Bulgaria and Romania, the incorporation of the New Member States to the Agreement is to be 
formalised by the conclusion of a Protocol to the Agreement; 

WHEREAS  Article  53  of  the  Agreement  states:  “For  the  purposes  of  this  Agreement,  "the 
Parties" shall mean the Community, its Member States or the Community and its Member States, 
within  their  respective  areas  of  competence,  as  derived  from  the  Treaty  establishing  the 
European  Community,  on  the  one  hand,  and  the  Republics  of  Costa  Rica,  El  Salvador, 
Guatemala, Honduras, Nicaragua and Panama, on the other, in accordance with their respective 
spheres of competence. The Agreement shall also apply to measures taken by any State, regional 
or local authorities within the territories of the Parties.”; 

WHEREAS  Article  59  of  the  Agreement  states:  “This  Agreement  shall  apply,  on  the  one 
hand, to the territories in which the Treaty establishing the European Community is applied 
and under the conditions laid down in that Treaty, and, on the other hand, to the territories of 
the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama”; 

WHEREAS Article 60 of the Agreement states: “This Agreement is drawn up in duplicate in 
the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and 
Swedish languages, each of these texts being equally authentic”;  

HAVE AGREED AS FOLLOWS: 

Article 1 

The Republic of Bulgaria, Czech Republic, the Republic of Estonia, the Republic of Cyprus, 
the  Republic  of  Latvia,  the  Republic  of  Lithuania,  Hungary,  the  Republic  of  Malta,  the 
Republic of Poland, Romania, the Republic of Slovenia, and the Slovak Republic are hereby 
incorporated  as  Parties  to  the  Political  Dialogue  and  Cooperation  Agreement  between  the 
European  Community  and  its  Member  States,  of  the  one  part,  and  the  Republics  of  Costa 
Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part. 

Article 2 

Within six months of the initialling of this Protocol the European Union shall communicate to 
its  Member  States  and  the  Republics  of  Costa  Rica,  El  Salvador,  Guatemala,  Honduras, 
Nicaragua  and  Panama,  the  Bulgarian,  Czech,  Estonian,  Hungarian,  Latvian,  Lithuanian, 
Maltese,  Polish,  Romanian,  Slovak  and  Slovenian  language  versions  of  the  Agreement. 
Subject  to  the  entry  into  force  of  this  Protocol  the  new  language  versions  shall  become 
authentic under the same conditions as the versions drawn up in the present languages of the 
Agreement.  

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This  Protocol  shall  form  an  integral  part  of  the  Political  Dialogue  and  Cooperation 
Agreement.  

Article 3 

Article 4 

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,  Rumanian,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  of 
these texts being equally authentic.  

Article 5 

1. 

2. 

This Protocol shall be approved by the European Union and its Member States, and 
by  the  Republics  of  Costa  Rica,  El  Salvador,  Guatemala,  Honduras,  Nicaragua  and 
Panama, in accordance with their own procedures.  

This Protocol shall enter into force on the first day of the month following the date 
on which all the Parties have notified each other of the completion of the procedures 
necessary for this purpose.  

Done at Brussels, 

For the Council 

The President 

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