Recommendation for a COUNCIL DECISION approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and Turkmenistan to take account of the accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, 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 to the European Union
Date: 2016-02-18
Institutions: European Commission, European External Action Service
Subjects: EAEC, EU Member State, Turkmenistan, accession to the European Union, cooperation agreement (EU), protocol to an agreement, ratification of an agreement

EUROPEAN 
COMMISSION 

Brussels, 18.2.2016  
COM(2016) 66 final 

Recommendation for a 

COUNCIL DECISION 

approving the conclusion, by the European Commission, on behalf of the European 
Atomic Energy Community, of the Protocol to the Partnership and Cooperation 
Agreement between the European Communities and their Member States and 
Turkmenistan to take account of the accession of the Republic of Bulgaria, the Czech 
Republic, the Republic of Estonia, the Republic of Croatia, 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 to the 
European Union 

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EXPLANATORY MEMORANDUM 

The attached proposal constitutes the legal instrument for the Recommendation for a Council 
Decision approving the conclusion of the Protocol, by the European Commission, on behalf of 
the  European  Atomic  Energy  Community,  to  the  Partnership  and  Cooperation  Agreement 
between  the  European  Communities  and  their  Member  States  and  Turkmenistan  to  take 
account  of  the  accession  of  the  Republic  of  Bulgaria,  the  Czech  Republic,  the  Republic  of 
Estonia, the Republic of Croatia, 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 to the European Union to the European Union 

(i) 

Recommendation  for  a  Council  Decision  approving  the  conclusion  of  the  Protocol, 
by  the  European  Commission,  on  behalf  of  the  European  Atomic  Energy 
Community. 

This proposal is presented jointly with a: 

(ii) 

(iii) 

Proposal  for  a  Council  Decision  on  the  signature  of  the  Protocol  on  behalf  of  the 
European Union and its Member States; 

Proposal for a Council Decision on the  conclusion of the  Protocol  on behalf  of the 
European Union and its Member States; 

According  to  the  Acts  of  Accession  of  the  Republic  of  Bulgaria,  the  Czech  Republic,  the 
Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, 
the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of 
Poland, Romania, the Republic of Slovenia and the Slovak Republic to the European Union, 
the  Republic  of  Bulgaria,  the  Czech  Republic,  the  Republic  of  Estonia,  the  Republic  of 
Croatia, 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  to  accede  to  international  agreements  signed  or  concluded  by  the 
European Union and its Member States by means of a protocol to those agreements. 

The  Partnership  and  Cooperation  Agreement  between  the  European  Communities  and  its 
Member States, of the one part, and Turkmenistan, of the other part, hereinafter referred to as 
'the  Agreement',  was  signed  in  Brussels  on  25  May  1998  (the  Agreement  is  currently 
undergoing ratification and has not yet entered into force).  

The  proposed  Protocol  incorporates  the  Republic  of  Bulgaria,  the  Czech  Republic,  the 
Republic of Estonia, the Republic of Croatia, 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 as contracting parties to the Agreement and 
commits  the  EU  to  providing  the  authentic  version  of  the  Agreement  in  the  Bulgarian, 
Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Italian, 
Latvian,  Lithuanian,  Hungarian,  Maltese,  Polish,  Portuguese,  Romanian,  Slovak,  Slovenian, 
Spanish and Swedish languages. 

The Commission has judged the results of the negotiations to be satisfactory and requests the 
Council to adopt a Council Decision approving the conclusion, by the European Commission, 
on behalf of the European Atomic Energy Community, of the Protocol to the Partnership and 
Cooperation  Agreement  between  the  European  Communities  and  their  Member  States  and 
Turkmenistan  to  take  account  of  the  accession  of  the  Republic  of  Bulgaria,  the  Czech 
Republic,  the  Republic  of  Estonia,  the  Republic  of  Croatia,  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  to  the  European 
Union.  

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Recommendation for a 

COUNCIL DECISION 

approving the conclusion, by the European Commission, on behalf of the European 
Atomic Energy Community, of the Protocol to the Partnership and Cooperation 
Agreement between the European Communities and their Member States and 
Turkmenistan to take account of the accession of the Republic of Bulgaria, the Czech 
Republic, the Republic of Estonia, the Republic of Croatia, 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 to the 
European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Atomic  Energy  Community,  and  in 
particular the second paragraph of Article 101 thereof, 

Having regard to the recommendation from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

In accordance with Article 6(2) of the 2003 Act of 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,  Article  6(2)  of  the  2005  Act  of 
Accession of the Republic of Bulgaria and Romania, Article 6(2) of the 2011 Act of 
Accession of the Republic of Croatia, the accession to the Partnership and Cooperation 
Agreement  between  the  European  Communities  and  its  Member  States,  of  the  one 
part, and Turkmenistan, of the other part ('the Agreement') is to be agreed by means of 
a  protocol  to  the  Agreement.  In  accordance  with  Article  6(2)  of  the  2003,  2005  and 
2011  Acts  of  Accession,  a  simplified  procedure  is  to  apply  to  such  accessions, 
whereby a protocol is to be concluded by the Council, acting unanimously on behalf of 
the Member States, and by the third countries concerned.  

On  8  December  2003,  the  Council  authorised  the  Commission,  on  behalf  of  the 
Community and its Member States, to negotiate with Turkmenistan a Protocol to the 
Partnership and Cooperation Agreement between the European Communities and their 
Member States, of the one part, and Turkmenistan, of the other part to take account of 
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. 

On  23  October  2006,  the  Council  authorised  the  Commission,  on  behalf  of  the 
Community and its Member States, to negotiate with Turkmenistan a Protocol to the 
Partnership and Cooperation Agreement between the European Communities and their 
Member States, of the one part, and Turkmenistan, of the other part to take account of 
the accession of the Republic of Bulgaria and Romania to the European Union. 

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(4) 

(5) 

(4) 

On 14 September 2012, the Council authorised the Commission to open negotiations 
with  the  third  countries  concerned1  on  the  adaptation  of  agreements  signed  or 
concluded  between  the  European  Union,  or  the  European  Union  and  its  Member 
States, in view of the accession of the Republic of Croatia to the European Union.  

The  conclusion,  by  the  Commission,  of  the  Protocol  should  be  approved  as  regards 
matters falling within the competence of the European Atomic Energy Community. 

The  signature  and  conclusion  of  the  Protocol  are  subject  to  a  separate  procedure  as 
regards matters falling within the competence of the Union and its Member States, 

HAS ADOPTED THIS DECISION:  

Sole Article 

The  conclusion  by  the  European  Commission,  on  behalf  of  the  European  Atomic  Energy 
Community,  of  the  Protocol  to  the  Partnership  and  Cooperation  Agreement  between  the 
European  Communities  and  their  Member  States  and  Turkmenistan  to  take  account  of  the 
accession  of  the  Republic  of  Bulgaria,  the  Czech  Republic,  the  Republic  of  Estonia,  the 
Republic  of  Croatia,  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 to the European Union, is hereby approved. 

The text of the Protocol is attached to the Decision on its signature. 

Done at Brussels, 

For the Council 
The President 

1 

Council  Decision  authorising  the  opening  of  negotiations  for  the  adaptation  of  agreements  signed  or 
concluded  between  the  European  Union,  or  the  European  Union  and  its  Member  States,  with  one  or 
more third countries or international organisations, in view of the accession of the Republic of Croatia 
to the European Union (Council doc. 13351/12 LIMITED) 

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