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 Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Croatia to the European Union
Date: 2017-08-03
Institutions: European Commission, European External Action Service
Subjects: Croatia, EAEC, European Commission, Kyrgyzstan, accession to the European Union, cooperation agreement (EU), powers of the institutions (EU), protocol to an agreement, ratification of an agreement, transfer of competence

EUROPEAN 
COMMISSION 

Brussels, 3.8.2017  
COM(2017) 414 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 Kyrgyz Republic, of the other part, to take 
account of the accession of the Republic of Croatia to the European Union 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

The Partnership and Cooperation Agreement establishing a partnership between the European 
Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other 
part,  hereinafter  referred  to  as  'the  Agreement',  was  signed  in  Brussels  on  9  February  1995 
and entered into force on 1 July 1999. 

According  to  its  Act  of  Accession,  the  Republic  of  Croatia  undertakes  to  accede  to  the 
international agreements signed or concluded by the European Union and its Member States 
by means of a protocol to those agreements. 

A Council Decision of 14 September 20121 authorised the Commission to open negotiations 
with  the  non-EU  countries  concerned,  in  order  to  conclude  the  relevant  protocols. 
Negotiations with the Kyrgyz Republic were successfully concluded by the exchange of notes 
verbales. 

The  proposed  Protocol  incorporates  the  Republic  of  Croatia  as  a  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  proposes the 
signing  and  conclusion  of  the  Protocol.  Through  the  recommendation  attached,  the 
Commission  hereby  recommends  the  Council  to  approve  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 Kyrgyz Republic, of the other 
part, to take account of the Republic of Croatia's accession to the European Union.  

The attached recommendation is presented jointly with a: 

(ii)  proposal for a Council Decision on the signature and provisional application of 

the Protocol on behalf of the European Union and its Member States; 

(iii)  proposal for a Council Decision on the conclusion of the Protocol on behalf of 

the European Union and its Member States; 

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). 

EN 

2 

   EN 

                                                 
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 Kyrgyz Republic, 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) 

2 

3 

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 its Member States, 
of the one part, and the Kyrgyz Republic, of the other part ('the Agreement')2 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 non-EU countries concerned3. Negotiations were successfully concluded with 
the Kyrgyz Republic by exchange of notes verbales. 

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  signing  and  conclusion  of  the  Protocol  is  subject  to  a  separate  procedure  as 
regards  matters  falling  under  the  Treaty  on  European  Union  and  the  Treaty  on  the 
Functioning of the European Union, 

Council and Commission Decision 1999/491/EC, ECSC, Euratom of 12 May 1999 on the conclusion of 
the  Partnership  and  Cooperation  Agreement  establishing  a  partnership  between  the  European 
Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part (OJ L 
196, 28.7.1999, p. 48). 
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) 

EN 

3 

   EN 

                                                 
HAS ADOPTED THIS DECISION:  

Sole Article  

The conclusion by the 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 Kyrgyz 
Republic, of the other part, to take account of the accession of the Republic of Croatia to the 
European Union, is hereby approved4. 

Done at Brussels, 

For the Council 
The President 

4 

The text of the Protocol is published in ...[insert OJ reference] together with the Decision on signature 
on behalf of the Union and of the Member States.  

EN 

4 

   EN