Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of the Republic of Croatia, following its accession to the European Union
Date: 2013-08-02
Institutions: European Commission
Subjects: Croatia, San Marino, accession to an agreement, accession to the European Union, cooperation agreement (EU), customs union, protocol to an agreement













EUR-Lex - 52013PC0568 - EN











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52013PC0568

Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of the Republic of Croatia, following its accession to the European Union /* COM/2013/0568 final - 2013/0273 (NLE) */









EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The Republic of Croatia (hereinafter 'Croatia')
will join the European Union on 1 July 2013. On 14 September 2012, the Council authorized
the Commission to negotiate the adaptation, through a Protocol, of the
Agreement on Cooperation and Customs Union between the European Community and
its Member States, of the one part, and the Republic of San Marino (hereinafter
'San Marino'), of the other part[1]
(hereinafter 'the Agreement'), regarding Croatia's participation as a
contracting party, in view of the enlargement of the Union to include the
latter.
In accordance with Article 6(2) of the Protocol concerning the
conditions and arrangements for admission of the Republic of Croatia to the
European Union, the Commission is to submit to the Council a draft of the
Protocol to be concluded.
2.           LEGAL ELEMENTS OF THE
PROPOSAL
The Agreement
entered into force on 1 April 2002 and needs to be amended to include Croatia
as a contracting party. Following the authorisation given to the Commission on 14
September 2012, negotiations have been concluded with San Marino on a Protocol
to the Agreement. 
Pursuant to Article 218(6)(a) of the Treaty
on the Functioning of the European Union, the European
Parliament gave its consent to the conclusion of the said Protocol to the
Agreement on […].
Summary of the proposed action
This proposal consists of a draft Council
Decision on the conclusion, on behalf of the European
Union and its Member States, of a Protocol to the Agreement
(in annex), to provide for Croatia's participation as a contracting party following its
accession to the European Union.
Legal basis
The Treaty on the Functioning of the
European Union, and in particular Article 218(6) thereof; the Treaty of
Accession of Croatia[2];
and the Act of Accession of Croatia[3],
and in particular the second subparagraph of Article 6(2) thereof.
Choice of instrument
Pursuant to Article 218(6)(a) of the Treaty
on the Functioning of the European Union, in cases covered by the said Article,
the Council shall adopt a Decision authorizing the conclusion of the Agreement after
obtaining the consent of the European Parliament. This is a proposal for such a
Decision.
Proportionality
This proposal is in line with the principle
of proportionality because its effects are strictly limited to what is
necessary to provide for Croatia's participation in the Agreement, as a
contracting party, following its accession to the European Union.
2013/0273 (NLE)
Proposal for a
COUNCIL DECISION
on the conclusion, on behalf of the
European Union and its Member States, of the Protocol to the Agreement on
Cooperation and Customs Union between the European Community and its Member
States, of the one part, and the Republic of San Marino, of the other part,
regarding the participation, as a contracting party, of the Republic of
Croatia, following its accession to the European Union
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, in particular Article 207 and Article 352, in
conjunction with Article 218(6)(a) and the second subparagraph of Article
218(8) thereof,
Having regard to the Act of Accession of
Croatia[4],
and in particular the second subparagraph of Article 6(2) thereof,
Having regard to the proposal from the European
Commission,
Having regard to the consent of the
European Parliament[5],
Whereas:
(1)       On 14 September 2012, the
Council authorised the Commission to open negotiations with the Republic of San
Marino for the adaptation, through the negotiation of a Protocol, of the
Agreement on Cooperation and Customs Union between the European Community and
its Member States, of the one part, and the Republic of San Marino, of the
other part[6],
regarding Republic of Croatia's participation as a contracting party, in view of
its accession to the European Union.
(2)       The
negotiations on the Protocol to the Agreement were conducted by the Commission
and were recently concluded.
(3)       The
European Parliament gave its consent to the conclusion of the said Protocol on
[…]
(4)       The Protocol should be concluded
on behalf of the European Union. 
HAS ADOPTED THIS DECISION: 
Article 1
The Protocol to the Agreement on
Cooperation and Customs Union between the European Community and its Member
States, of the one part, and the Republic of San Marino, of the other part,
regarding the Republic of Croatia's participation, as a contracting party,
following its accession to the European Union, is hereby approved on behalf of
the European Union and its Member States.
The text of the Protocol is attached to
this Decision.
Article 2
The President of the Council shall
designate the person empowered on behalf of the European Union and its Member
States to deposit the instrument of approval provided for in Article 3 of the
Protocol, in order to express the consent of the European Union and its Member
States to be bound by the Protocol.
Article 3
This Decision shall enter into force on the
day of its adoption[7].
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
ANNEX
PROTOCOL
to the Agreement on Cooperation and Customs
Union between the European Community and its Member States, of the one part,
and the Republic of San Marino, of the other part, regarding the Republic of
Croatia's participation as a contracting party following its accession to 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 CROATIA,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
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
and
THE EUROPEAN UNION,
of the one part,
and
THE REPUBLIC OF SAN MARINO,
of the other part,
Having regard to the Agreement on
Cooperation and Customs Union between the European Community and its Member
States, of the one part, and the Republic of San Marino, of the other part, of
16 December 1991 ('the Agreement'), which entered into force on 1 April 2002,
Having regard to the Republic of Croatia's
accession to the European Union on 1 July 2013,
Whereas the Republic of Croatia is to
become a contracting party to the Agreement,
HAVE AGREED AS FOLLOWS:
Article 1
The Republic of Croatia hereby accedes as
Party to the Agreement.
Article 2
This Protocol shall be an integral part of
the Agreement.
Article 3
1. This Protocol shall be approved by the
Contracting Parties, in accordance with their respective procedures.
2. The Parties shall notify each other of
the completion of these procedures. 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.
Article 5
This Protocol shall apply provisionally
from 1 July 2013.
Article 6
The text of the Agreement and the
Declarations annexed to it are drawn up in the Croatian language.
They are attached to this Protocol and are
equally authentic with the texts in the other languages in which the Agreement
and the Declarations annexed to it are drawn up.
Article 7
This Protocol is drawn up in duplicate in
the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish,
French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese,
Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages,
each of these texts being equally authentic.
Done at [Brussels] on the [……] day of […]
in the year two thousand and thirteen.
[ ... ]
For the Member States
[ ... ]
For the European Union
[ ... ]
For the Republic of San Marino
[ ... ] 
[1]               OJ L 84, 28.3.2002, p. 43.
[2]               OJ L 112, 24.4.2012, p. 10.
[3]               OJ L 112, 24.4.2012, p. 21.
[4]               OJ L 112, 24.4.2012, p. 21.
[5]               OJ C , p. .
[6]               OJ L 84, 28.3.2002, p. 43.
[7]               The date of entry into force of the Protocol will be
published in the Official Journal of the European Union by the General
Secretariat of the Council.