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 establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union.
Date: 2016-02-26
Institutions: European Commission, European External Action Service
Subjects: Croatia, EAEC, Tajikistan, accession to the European Union, cooperation agreement (EU), protocol to an agreement, ratification of an agreement

EUROPEAN 
COMMISSION 

Brussels, 26.2.2016  
COM(2016) 88 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 establishing a partnership between the European Communities and their 
Member States, of the one part, and the Republic of Tajikistan, of the other part, to take 
account of the accession of the Republic of Croatia 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 
establishing  a  partnership  between  the  European  Communities  and  their  Member  States,  of 
the one part, and the Republic of Tajikistan, of the other part to take account of the accession 
of the Republic of Croatia 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 and provisional application 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 Act of Accession of the Republic of Croatia, the Republic of Croatia is 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 establishing a partnership between the European 
Communities and their Member States, of the one part, and the Republic of Tajikistan, of the 
other  part,  hereinafter  referred  to  as  "the  Agreement",  was  signed  on  11  october  2004  and 
entered into force on 1st October 2010. 
A Council Decision of 14 September 20121 authorised the Commission to open negotiations 
with  the  third  countries  concerned,  in  order  to  conclude  the  relevant  protocols.  The 
negotiations with the Republic of Tajikistan were successfully concluded by the initialling of 
the Protocol. 

The  proposed  Protocol  incorporates  the  Republic  of  Croatia  as  contracting  party  to  the 
Agreement  and  commits  the  EU  to  providing  the  authentic  version  of  the  Agreement  in  the 
Croatian language. 

The Commission has judged the results of the negotiations to be satisfactory and requests the 
Council  to  recommend  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  establishing  a  partnership  between  the  European 
Communities and their Member States, of the one part, and the Republic of Tajikistan, of the 
other part, to take account of the accession of the Republic of Croatia to the European Union.  

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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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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 establishing a partnership between the European Communities and their 
Member States, of the one part, and the Republic of Tajikistan, of the other part, to take 
account of the accession of the Republic of Croatia 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) 

(4) 

In accordance with Article 6(2) of the Act of Accession of the Republic of Croatia, the 
accession  of  the  Republic  of  Croatia  to  the  Partnership  and  Cooperation  Agreement 
establishing  a  partnership  between  the  European  Communities  and  their  Member 
States,  of  the  one  part,  and  the  Republic  of  Tajikistan,  of  the  other  part  ('the 
Agreement') is to be agreed by means of a protocol to the Agreement. 

On 14 September 2012, the Council authorised the Commission to open negotiations 
with  the  third  countries  concerned2.  The  negotiations  were  successfully  concluded 
with the Republic of Tajikistan by the initialling of the Protocol. 

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:  

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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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Sole Article 

The  conclusion  by  the  European  Commission,  on  behalf  of  the  European  Atomic  Energy 
Community, of the of the Protocol to the Partnership and Cooperation Agreement establishing 
a partnership between the European Communities and their Member States, of the one part, 
and  the  Republic  of  Tajikistan,  of  the  other  part,  to  take  account  of  the  accession  of  the 
Republic of Croatia 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 

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