CELEX: 52016PC0091
Language: en
Date: 2016-02-26
Title: Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union and its Member States, 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

EUROPEAN COMMISSION
            Brussels, 26.2.2016
            COM(2016) 91 final
            2016/0055(NLE)
            Proposal for a
            COUNCIL DECISION
            on the conclusion, on behalf of the European Union and its Member States, 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
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               The attached proposal constitutes the legal instrument for the conclusion of a 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 (hereinafter referred to as 'the Protocol'). 
            
            
               According to its Act of Accession, Croatia shall accede to the 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 in Brussels on 11 October 2004 and entered into force on 1st October 2010.
            
            
               Following the Council Decision of …. on the signing, on behalf of the European Union and its Member States, and provisional application, 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 Protocol was signed in… on …..
            
            
               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 requests the Council to conclude, on behalf of the European Union and its Member States, the Protocol.
            
            
               The European Parliament will be called upon to give its consent to the Protocol.
            
            
               2016/0055 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the conclusion, on behalf of the European Union and its Member States, 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 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)In accordance with Council Decision No…/…./EU
                  1
               , 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 Protocol') has been signed, subject to its conclusion. 
            
         
         
            
               (2)The conclusion of the Protocol is subject to a separate procedure as regards matters falling within the competence of the European Atomic Energy Community.
            
            
               (3)The Protocol should be approved,
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               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 on behalf of the European Union and its Member States
                  2
               .
            
            
               Article 2
            
            
               The President of the Council shall designate the person 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. 
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  Council Decision No …./…../EU of …. on the signing, on behalf of the European Union and its Member States, and provisional application, 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 (OJ L…)
               
               
                  
                     (2)
                  The text of the Protocol has been published in the [OJ L….] together with the Decision on signature.
               
            
      
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               EUROPEAN COMMISSION
            Brussels, 26.2.2016
            COM(2016) 91 final
            ANNEX
            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 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
            
               
         
         
            
               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 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
            
            
            
               Contracting Parties to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, hereinafter referred to as the ‘Member States’,
            
            
            
               THE EUROPEAN UNION, hereinafter referred to as the ‘Union’, and
            
            
            
               THE EUROPEAN ATOMIC ENERGY COMMUNITY
            
            
         
         
            
                  of the one part,
            
            
               AND
            
            
            
               THE REPUBLIC OF TAJIKISTAN
            
            
            
                  of the other part,
            
            
            
               hereinafter referred to together as ‘the Contracting Parties’,
            
            
               
                  WHEREAS 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 in Luxembourg on 11 October 2004;
            
            
            
               WHEREAS the Treaty of the Accession of the Republic of Croatia to the European Union was signed in Brussels on 9 December 2011;
            
            
            
               WHEREAS, pursuant to Article 6(2) of the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, its accession to the Agreement is to be agreed by the conclusion of a protocol to the Agreement;
            
            
            
               TAKING INTO ACCOUNT the accession of the Republic of Croatia to the European Union on 1 July 2013;
            
            
            
               HAVE Agreed as follows:
            
            
               ARTICLE 1
            
            
            
               The Republic of Croatia hereby accedes as a Party 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 Republic of Croatia shall, in the same manner as the other Member States of the Union, also adopt and take note of the texts of the Agreement, and of the Joint Declarations, Declarations and Exchanges of Letters annexed to the Final Act signed on the same date.
            
         
         
            
            
               ARTICLE 2
            
            
            
               In due course after the initialling of this Protocol, the Union shall communicate the Croatian language version of the Agreement to its Member States and to the Republic of Tajikistan. Subject to the entry into force of this Protocol, the Croatian language version 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, Swedish and Tajik 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 Contracting Parties, in accordance with their own procedures. The Contracting Parties shall notify each other of the completion of the procedures necessary for that purpose. The instrument 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 deposit of the last instrument of approval.
            
            
            
            
               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 Tajik 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, THE EUROPEAN ATOMIC ENERGY COMMUNITY AND THE MEMBER STATES
            
            
            
               FOR THE REPUBLIC OF TAJIKISTAN