CELEX: 52010SC0972
Language: en
Date: 2010-08-11 00:00:00
Title: RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL authorising the Commission to open negotiations with Turkmenistan to adapt the Partnership and Cooperation Agreement between the European Communities and its Member States, of the one part, and Turkmenistan, of the other part, to take into account of the accession of the Czech Republic, the Republic of Cyprus, the Republic of Estonia, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Slovak Republic, the Republic of Slovenia to the European Union

EN
EN    EN
 ---pagebreak---                      EUROPEAN COMMISSION
                                                     Brussels, 11.8.2010
                                                     SEC(2010) 972 final
          RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL
       authorising the Commission to open negotiations with Turkmenistan to adapt the
      Partnership and Cooperation Agreement between the European Communities and its
   Member States, of the one part, and Turkmenistan, of the other part, to take into account
   of the accession of the Czech Republic, the Republic of Cyprus, the Republic of Estonia,
        the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the
        Republic of Malta, the Republic of Poland, the Slovak Republic, the Republic of
                                Slovenia to the European Union
EN                                                                                           EN
 ---pagebreak---           RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL
       authorising the Commission to open negotiations with Turkmenistan to adapt the
      Partnership and Cooperation Agreement between the European Communities and its
   Member States, of the one part, and Turkmenistan, of the other part, to take into account
   of the accession of the Czech Republic, the Republic of Cyprus, the Republic of Estonia,
        the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the
        Republic of Malta, the Republic of Poland, the Slovak Republic, the Republic of
                                  Slovenia to the European Union
   A.       EXPLANATORY MEMORANDUM
   1.       The Partnership and Cooperation Agreement (PCA) between the European
            Communities and its Member States, of the one part, and Turkmenistan, of the other
            part, signed in Brussels, on 25 May 1998, has not yet entered into force.
   2.       As it was signed before the enlargement of the European Union to include on 1 May
            2004 the Czech Republic, the Republic of Cyprus, the Republic of Estonia, the
            Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic
            of Malta, the Republic of Poland, the Slovak Republic, the Republic of Slovenia and
            on 1 January 2007 the Republic of Bulgaria and Romania, a Protocol to the PCA
            needs to be drawn up to allow the 12 new Member States to accede to the Agreement
            when it will enter into force.
   3.       Under Article 6 of the Act concerning the conditions of accession of the Czech
            Republic, the Republic of Cyprus, the Republic of Estonia, the Republic of Hungary,
            the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the
            Republic of Poland, the Slovak Republic, the Republic of Slovenia to the European
            Union and the adjustment to the Treaties on which the European Union is founded
            (OJ:L:2003:236; hereinafter the 'Act of Accession'), the accession of the above-
            mentioned 10 new Member States to the PCA with Turkmenistan is to be agreed by
            the conclusion of a protocol to this Agreement. Article 6(2) of the Act of Accession
            provides for a simplified procedure, as this Protocol is to be concluded by the
            Council of the European Union, acting unanimously on behalf of the Member States,
            and the third country concerned.
   4.       As authorised by the Council on 23 October 2006, the Commission has negotiated,
            on behalf of the Community and its Member States, with Turkmenistan with a view
            to concluding a Protocol to the PCA to take into account the accession of the
            Republic of Bulgaria and Romania to the EU, which has not, however, yet been
            concluded.
   5        The Commission will negotiate a Protocol for accession, duly talking into account
            the Protocol for accession of the Republic of Bulgaria and Romania already
            negotiated, on behalf of the European Union on the basis of negotiating directives
            approved by the Council, acting by unanimity, and in consultation with a committee
            of the representatives of the Member States. It will submit a draft of the joint
            Protocol for conclusion to the Council.
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 ---pagebreak---    6.       As regards the timetable, these negotiations should be concluded rapidly in order to
            allow for the Protocol adjusting the PCA to enter into force as soon as possible,
            before the completion of the ratification of the PCA.
   B.       RECOMMENDATION
   The Commission therefore recommends that the Council:
   – authorise the Commission to negotiate, on behalf of the European Union, with
      Turkmenistan, a protocol adapting the Partnership and Cooperation Agreement between
      the European Communities and its Member States, of the one part, and Turkmenistan, of
      the other part, signed in Brussels, on 25 May 1998, to take into account the accession of
      the Czech Republic, the Republic of Cyprus, the Republic of Estonia, the Republic of
      Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the
      Republic of Poland, the Slovak Republic, the Republic of Slovenia to the European Union,
      on the basis of the annexed negotiating directives, taking due account of the Protocol for
      accession of the Republic of Bulgaria and Romania already negotiated;
   – appoint COEST as special committee, composed of the representatives of the Member
      States, to assist the Commission in its task; and
   – adopt the annexed negotiating directives.
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 ---pagebreak---                                                ANNEX
   Negotiating directives for the adaptation of the Partnership and Cooperation Agreement
        between the European Communities and its Member States, of the one part, and
        Turkmenistan, of the other part, to take into account the accession of the Czech
   Republic, the Republic of Cyprus, the Republic of Estonia, the Republic of Hungary, the
      Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of
         Poland, the Slovak Republic, the Republic of Slovenia to the European Union
   1.       GENERAL OBJECTIVE
            Adaptation of the Partnership and Cooperation Agreement (PCA) with Turkmenistan
            to allow for the accession of the new Member States, which joined the EU on 1 May
            2004, to this Agreement.
   2.       CONTENT OF THE PROTOCOL
            The new Member States of the European Union, which joined on 1 May 2004, will
            accede to the PCA with Turkmenistan. The Protocol will provide for the necessary
            technical adaptation of the Agreement that will ensue from the accession of ten new
            contracting parties duly taking into account the Protocol for accession of the
            Republic of Bulgaria and Romania already negotiated.
   3.       TIMETABLE
            Negotiations should be concluded rapidly, allowing for adoption of the joint Protocol
            before the completion of ratification of the PCA with Turkmenistan.
EN                                                 4                                              EN