Recommendation for a COUNCIL DECISION approving the conclusion by the Commission, on behalf of the European Atomic Energy Community, of the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Armenia, of the other part
Date: 2017-09-25
Institutions: European Commission, European External Action Service
Subjects: Armenia, EAEC, cooperation agreement (EU), cooperation policy, interim agreement (EU), ratification of an agreement

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   EUROPEAN COMMISSION  Brussels, 25.9.2017  COM(2017) 549 final   Recommendation for a COUNCIL DECISION approving the conclusion by the Commission, on behalf of the European Atomic Energy Community, of the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Armenia, of the other part  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

This proposal has been drawn up with a view to the envisaged signing, provisional application 
and  conclusion  of  the  Comprehensive  and  Enhanced  Partnership  Agreement  between  the 
European Union  and the European Atomic Energy  Community and their Member States, of 
the  one  part,  and  the  Republic  of  Armenia,  of  the  other  part  (hereinafter  referred  to  as 
'Agreement').  It  is  designed  to  enable  the  Council  to  approve  the  conclusion  of  that 
Agreement  by  the  Commission  on  behalf  of  the  European  Atomic  Energy  Community 
(EAEC). 

Since the EAEC is also a Party to the Comprehensive and Enhanced Partnership Agreement 
between  the  European  Union  and  its  Member  States,  of  the  one  part,  and  Armenia,  of  the 
other  part,  the  Commission  is  making  a  separate  recommendation  that  the  Council  approve 
the conclusion by the Commission of the parts of the Agreement which fall under the Treaty 
establishing the (EAEC). 

The  procedure  for  the  signature  and  conclusion  of  international  agreements  by  the  EAEC 
differs from that applicable to the EU. In particular, Article 101 of the EAEC Treaty stipulates 
that such agreements must be concluded by the Commission with the Council’s approval. It is 
thus  necessary  for  the  Council  to  adopt  two  separate  Decisions  on  the  signature  and 
conclusion of the Agreement, one applicable to the EU, the other applicable to the EAEC. 

As  regards  the  conclusion  of  the  Agreement  on  behalf  of  the  EAEC,  the  Commission 
recommends that  the Council  give its approval, pursuant  to the second paragraph of Article 
101 of the Treaty. 

Once  the  Council  has  given  its  approval  and  the  Commission  has  taken  the  appropriate 
decision, the Commission will be able to sign and conclude the Agreement on behalf of the 
EAEC. 

2. 

LEGAL ASPECTS OF THE PROPOSAL 

The Commission recommends that the Council approve, pursuant to the second paragraph of 
Article  101  of  the  EAEC  Treaty,  the  conclusion  of  the  Comprehensive  and  Enhanced 
Partnership  Agreement  between  the  European  Union  and  the  European  Atomic  Energy 
Community and its Member States, of the one part, and Armenia, of the other part, as regards 
matters falling within the remit of the EAEC. 

The attached proposal constitutes, together with the Commission decision on conclusion, the 
legal instrument for concluding the Comprehensive and Enhanced Partnership Agreement on 
behalf of the EAEC. 

Article 102 of the Euratom Treaty states that an Agreement may not enter into force for the 
EAEC until the Commission has been notified by the Member States that the agreement has 
become applicable in accordance with the provisions of their respective national laws. 

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Recommendation for a 

COUNCIL DECISION 

approving the conclusion by the Commission, on behalf of the European Atomic Energy 
Community, of the Comprehensive and Enhanced Partnership Agreement between the 
European Union and the European Atomic Energy Community and their Member 
States, of the one part, and Armenia, of the other part 

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 Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

On  29 September 2015,  the  Council  adopted  Decisions  authorising  the  European 
Commission  and  the  High  Representative  of  the  Union  for  Foreign  Affairs  and 
Security  Policy  to  negotiate  a  Framework  Agreement  between  the  European  Union 
and Armenia. 

Negotiation  of  the  Agreement  began  on  7 December  2015  and  the  European  Union 
and Armenia initialled the Agreement on 21 March 2017. 

The  Commission  proposes  to  the  Council  that  the  Agreement  should  be  signed  on 
behalf of the Union and applied on a provisional basis in accordance with Article 385 
of the Agreement, pending its conclusion at a later date. 

The  Agreement  also  covers  matters  falling  under  Euratom  competences,  namely 
Articles 42-44. 

The signature and conclusion of the Agreement are 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. 

The Agreement should therefore also be concluded on behalf of the European Atomic 
Energy Community, as regards matters falling under the Euratom Treaty. 

Article 102 of the Euratom Treaty states that the Agreement may not enter into force 
for the European Atomic Energy Community until the European Commission has been 
notified  by  the  Member  States  that  such  agreement  has  become  applicable  in 
accordance with the provisions of their respective national laws. 

(8) 

The  conclusion  of  the  Agreement  by  the  European  Commission,  acting  on  behalf  of 
the European Atomic Energy Community, should be approved. 

HAS ADOPTED THIS DECISION: 

The  conclusion  by  the  European  Commission,  on  behalf  of  the  European  Atomic  Energy 
Community,  of  the  Comprehensive  and  Enhanced  Partnership  Agreement  between  the 
European Union  and the European Atomic Energy  Community and their Member States, of 

Article 1 

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the  one  part,  and  Armenia,  of  the  other  part,  is  hereby  approved,  including  its  provisional 
application. 

This Decision shall enter into force on the date following that of its adoption. 

Done at Brussels, 

Article 2 

For the Council 
The President 

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