CELEX: 52015PC0224
Language: en
Date: 2015-05-29
Title: Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union and its Member States, of the Protocol to the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part, to take account of the accession of the Republic of Croatia to the European Union

EUROPEAN
                             COMMISSION
                                                      Brussels, 29.5.2015
                                                      COM(2015) 224 final
                                                      ANNEX 1
                                            ANNEX
                                         PROTOCOL
   TO THE FRAMEWORK AGREEMENT ON PARTNERSHIP AND COOPERATION
   between the European Union and its Member States, of the one part, and Mongolia, of
       the other part, to take account of the accession of the Republic of Croatia to the
                                        European Union
                                              to the
                                         Proposal for a
                                    COUNCIL DECISION
      on the conclusion, on behalf of the European Union and its member States, of the
    Protocol to the Framework Agreement on Partnership and Cooperation between the
    European Union and its Member States, of the one part, and Mongolia, on the other
   part, to take account of the accession of the Republic of Croatia to the European Union
EN                                                                                         EN
 ---pagebreak---                                             ANNEX
                                         PROTOCOL
    TO THE FRAMEWORK AGREEMENT ON PARTNERSHIP AND COOPEARTION
    between the European Union and its Member States, of the one part, and Mongolia, of
       the other part, to take account of the accession of the Republic of Croatia 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 REPUBLIC OF CROATIA,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   HUNGARY,
   THE REPUBLIC OF 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,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
EN                                              2                                         EN
 ---pagebreak---    Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the
   European Union, hereinafter referred to as the 'Member States', represented by the Council of
   the European Union, and
   THE EUROPEAN UNION, hereinafter referred to as 'the European Union',
   of the one part, and
   MONGOLIA,
   of the other part,
   hereinafter jointly referred to as "the Contracting Parties" for the purposes of this Protocol,
   HAVING REGARD TO the accession of the Republic of Croatia to the European Union on 1
   July 2013,
   WHEREAS the Framework Agreement on Partnership and Cooperation between the
   European Union and its Member States, of the one part, and Mongolia, of the other part,
   hereinafter referred to as "the Agreement" was signed in Ulaan Baatar on 30 April 2013;
   WHEREAS the Treaty concerning the accession of the Republic of Croatia to the European
   Union, hereinafter referred to as "the Treaty of Accession", was signed in Brussels on 9
   December 2011;
   WHEREAS pursuant to Article 6(2) of the Act of Accession of the Republic of Croatia, its
   accession to the Agreement is to be agreed by the conclusion of a protocol to the Agreement,
   HAVE AGREED AS FOLLOWS:
                                                 Article 1
   The Republic of Croatia hereby accedes as a Party to the Framework Agreement on
   Partnership and Cooperation between the European Union and its Member States, of the one
   part, and Mongolia, of the other part, signed Ulaan Baatar on 30 April 2013, and shall
   respectively adopt and take note, in the same manner as the other Member States of the
   European Union, of the text of the Agreement.
                                                 Article 2
   In due time after the initialling of this Protocol, the European Union shall communicate to its
   Member States and to Mongolia, the Croatian language version of the Agreement. Subject to
   the entry into force of this Protocol, the language version referred to in the first sentence of
   this Article shall become authentic under the same conditions as the Bulgarian, Czech,
   Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian,
   Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and
   Swedish language versions of the Agreement.
                                                 Article 3
   This Protocol shall form an integral part of the Agreement.
                                                 Article 4
   (1)     This Protocol shall be approved by the European Union, by the Council of the
           European Union on behalf of the Member States and by Mongolia in accordance with
           their own procedures. The Contracting Parties shall notify each other of the
EN                                                   3                                              EN
 ---pagebreak---           completion of the procedures necessary for that purpose. The instruments of approval
          shall be deposited with the General Secretariat of the Council of the European Union.
   (2)    This Protocol shall enter into force on the first day of the month following the date of
          the deposit of the last instrument of approval, but not before the date of entry into
          force of the Agreement.
                                              Article 5
   This Protocol is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch,
   English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian,
   Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Mongolian
   languages, each of these texts being equally authentic.
   IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly empowered to this effect,
   have signed this Protocol.
   Done at……………., this…….day of……in the year……..,
   FOR THE EUROPEAN UNION AND ITS MEMBER STATES
   FOR MONGOLIA
EN                                                4                                                EN
 ---documentbreak---                              EUROPEAN
                             COMMISSION
                                                      Brussels, 29.5.2015
                                                      COM(2015) 224 final
                                                      2015/0113 (NLE)
                                         Proposal for a
                                    COUNCIL DECISION
     on the conclusion, on behalf of the European Union and its Member States, of the
    Protocol to the Framework Agreement on Partnership and Cooperation between the
    European Union and its Member States, of the one part, and Mongolia, of the other
   part, to take account of the accession of the Republic of Croatia to the European Union
EN                                                                                         EN
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
   The Council Decision proposed provides the legal basis for concluding a Protocol to the
   Framework Agreement on Partnership and Cooperation between the European Union and its
   Member States, of the one part, and Mongolia, of the other part. The purpose of this Protocol
   is to take account of the accession of the Republic of Croatia to the European Union.
   The Act of Accession of the Republic of Croatia to the EU specifies that Croatia will accede
   to the international agreements signed or concluded by the European Union and its Member
   States by means of protocols to these agreements.
   The Framework Agreement on Partnership and Cooperation between the European Union and
   its Member States, of the one part, and Mongolia, of the other part, was signed in Ulaan
   Baatar on 30 April 2013. This Agreement is currently being ratified and has not yet entered in
   force.
   Pursuant to the Council Decision of ……..2015 on the signing, on behalf of the European
   Union and its Member States, of the Protocol to this Agreement, the Protocol was signed
   in … on …..
   The Protocol makes the Republic of Croatia a contracting party to this Agreement and
   commits the EU to providing the authentic version of the Agreement in Croatian.
   The Commission asks the Council to conclude the Protocol to the Agreement on behalf of the
   European Union and its Member States.
   The European Parliament will be called upon to give its consent to the Protocol.
EN                                                2                                               EN
 ---pagebreak---                                                                     2015/0113 (NLE)
                                                    Proposal for a
                                             COUNCIL DECISION
       on the conclusion, on behalf of the European Union and its Member States, of the
      Protocol to the Framework Agreement on Partnership and Cooperation between the
      European Union and its Member States, of the one part, and Mongolia, 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 on the Functioning of the European Union, and in particular
   Articles 207 and 209 in conjunction with Article 218(6)(a) thereof,
   Having regard to the Act of Accession of the Republic of Croatia, and in particular
   Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:
   (1)      Pursuant to Article 6(2) of the Act of Accession of the Republic of Croatia, the
            accession of the Republic of Croatia to the Framework Agreement on Partnership and
            Cooperation between the European Union and its Member States, of the one part, and
            Mongolia, of the other part is to be agreed by means of a protocol to the Agreement.
            Pursuant to the second paragraph of Article 6(2) of the Act of Accession, a simplified
            procedure is to be used for agreeing accession in cases such as this, where there are no
            provisions to the contrary. Under this procedure, a protocol is concluded by the
            Council, acting unanimously on behalf of the Member States, and by the third country
            or countries concerned.
   (2)      On 14 September 2012, the Council authorised the Commission to open negotiations
            with the third countries with which protocols would need to be concluded as a result of
            the accession of the Republic of Croatia1.The negotiations were successful and the
            Protocol to the Framework Agreement on Partnership and Cooperation between the
            European Union and its Member States, of the one part, and Mongolia, of the other
            part, to take account of the accession of the Republic of Croatia to the European Union
            was signed on behalf of the European Union and its Member States in […] on […].
   (3)      The Protocol should be approved,
   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 document 13351/12 LIMITED).
EN                                                         3                                                         EN
 ---pagebreak---    HAS ADOPTED THIS DECISION
                                              Article 1
   1.       The Protocol to the Framework Agreement on Partnership and Cooperation between
            the European Union and its Member States, of the one part, and Mongolia, of the
            other part, to take account of the accession of the Republic of Croatia to the
            European Union is hereby approved on behalf of the European Union and its
            Member States.
   2.       The text of the Protocol is annexed to this Decision.
                                              Article 2
   The President of the Council shall designate the person(s) empowered to give, on behalf of
   the European Union and its Member States, the notification provided for in Article 4(1) of the
   Protocol.
                                              Article 3
   This Decision shall enter into force on the day of its adoption.This Decision is addressed to
   the Member States in accordance with the Treaties.
   Done at Brussels,
                                                For the Council
                                                The President
EN                                                4                                               EN