CELEX: 52017PC0412
Language: en
Date: 2017-08-03
Title: Proposal for a COUNCIL DECISION 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 Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Croatia to the European Union

EUROPEAN COMMISSION
            Brussels, 3.8.2017
            COM(2017) 412 final
            2017/0184(NLE)
            Proposal for a
            COUNCIL DECISION
            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 Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Croatia to the European Union
            
               
         
         
            
               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, 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.
            
            
               The Council Decision of 14 September 2012
                  1
                authorised the Commission to open negotiations with the third countries concerned, in order to conclude the relevant protocols. Negotiations with the Kyrgyz Republic were successfully concluded by exchange of notes verbales.
            
            
               The proposed Protocol incorporates the Republic of Croatia as a contracting party to the Agreement and commits the Union to providing the authentic version of the Agreement in the Croatian language.
            
            
               The Commission considers the outcome of the negotiations satisfactory and proposes the signing and conclusion of the Protocol. Through the proposal attached, the Commission hereby requests the Council to authorise the signature of the Protocol, on behalf of the European Union and its Member States. 
            
            
               
            
               2017/0184 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               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 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 on the Functioning of the European Union, and in particular Articles 207 and 209, in conjunction with Article 218(5) 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,
            
            
               Whereas:
            
            
               (1)In accordance with Article 6(2) of the Act of Accession of Croatia, the accession of Croatia to the Partnership and Cooperation Agreement establishing a partnership between the European Union 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. In accordance with Article 6(2) of the Act of Accession, a simplified procedure is to apply to such accession, whereby a protocol is to be concluded by the Council, acting unanimously on behalf of the Member States, and by the third countries concerned. 
            
            
               (2)On 14 September 2012, the Council authorised the Commission to open negotiations with the Kyrgyz Republic for the adaptation of the Agreement
                  3
               . Negotiations were successfully concluded by exchange of notes verbales.
            
            
               (3)Therefore, the Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.
            
         
         
            
               (4)In order to ensure its efficient application, the Protocol should be applied provisionally with effect from the date of accession of Croatia to the Union, 
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               The signing on behalf of the 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 Kyrgyz Republic, 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 Union and its Member States, subject to the conclusion of that Protocol. 
            
            
               The text of the Protocol is attached to this Decision.
            
            
               Article 2
            
            
               The Council Secretariat General shall establish the instrument of full powers to sign the Protocol, subject to its conclusion, for the person(s) indicated by the negotiator of the Protocol.
            
            
               Article 3
            
            
               The Protocol shall be applied provisionally, in accordance with Article 4(3) thereof, as from 1 July 2013, pending its entry into force.
            
            
            
               Article 4
            
            
               This Decision shall enter into force on the day of its adoption. 
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (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). 
               
               
                  
                     (2)
                  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).
               
               
                  
                     (3)
                  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)
               
            
      
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               EUROPEAN COMMISSION
            Brussels, 3.8.2017
            COM(2017) 412 final
            ANNEX
            to the
            Proposal for a Council Decision
            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 Kyrgyz Republic, 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 KYRGYZ REPUBLIC, 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, hereafter referered to as the 'Union', and
            
            
            
               THE EUROPEAN ATOMIC ENERGY COMMUNITY
            
            
            
                  of the one part,
            
            
               AND
            
            
         
         
            
               THE KYRGYZ REPUBLIC
            
            
            
                  of the other part,
            
            
            
               hereinafter referred to together as 'the Contracting Parties',
            
            
               
                  WHEREAS the Partnership and Cooperation Agreement between the European Communities and their Member States and the Kyrgyz Republic, hereinafter referred to as 'the Agreement', was signed in Brussels on 9 February 1995;
            
            
            
               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 Party to the Partnership and Cooperation Agreement between the European Communities and their Member States and the Kyrgyz Republic. The Republic of Croatia shall also adopt and take note, in the same manner as the other Member States of the Union, 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 time after the signature of this Protocol, the Union shall communicate the Croatian language version of the Agreement to its Member States and to the Kyrgyz Republic. 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 Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish, Kyrgyz and Russian 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 last instrument of approval.
            
            
               3.
                     Pending its entry into force, this Protocol shall apply provisionally with effect from 1 July 2013.
            
            
            
               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, Kyrgyz and Russian 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 KYRGYZ REPUBLIC