CELEX: 52014PC0481
Language: en
Date: 2014-07-23
Title: Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union and its Member States, of the Accession Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, to take account of the accession of the Republic of Croatia to the European Union

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		52014PC0481
		
			Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union and its Member States, of the Accession Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, to take account of the accession of the Republic of Croatia to the European Union /* COM/2014/0481 final - 2014/0220 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
The attached proposal constitutes the legal
instrument for the conclusion of the Accession Protocol to the Framework
Agreement on Comprehensive Partnership and Cooperation between the European
Community and its Member States, of the one part, and the Republic of
Indonesia, 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 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 Framework Agreement on Comprehensive
Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, hereinafter
referred to as "the Agreement", was signed on 9 November 2009 in Jakarta and entered into force on 1 May 2014. 
Following the Council
Decision of ….2014 on the signing, on behalf of the
European Union and its Member States, of the Accession Protocol to the
Framework Agreement on Comprehensive Partnership and Cooperation between the
European Community and its Member States, of the one part, and the Republic of
Indonesia, 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. The texts of
the Agreement and the Final Act in the Croatian language are annexed to the
Protocol and will become authentic under the same conditions as other language
versions of the Agreement.
The Protocol will apply provisionally as of
the date of its signature.
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.
2014/0220 (NLE)
Proposal for a
COUNCIL DECISION
on the conclusion, on behalf of the
European Union and its Member States, of the Accession Protocol to the
Framework Agreement on Comprehensive Partnership and Cooperation between the European
Community and its Member States, of the one part, and the Republic of
Indonesia, 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)       Under
the terms of 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 Comprehensive
Partnership and Cooperation between the European Community and its Member States,
of the one part, and the Republic of Indonesia, of the other part[1] ("the Agreement") 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 third countries
concerned[2].
The negotiations were successfully concluded and the Accession Protocol to the
Framework Agreement on Comprehensive Partnership and Cooperation between the European
Community and its Member States, of the one part, and the Republic of Indonesia,
of the other part, to take account of the accession of the
Republic of Croatia to the European Union has been signed on behalf of the
European Union and its Member States in […] on […].
(3)       The
Protocol should be approved,
HAS ADOPTED THIS DECISION: 
Article 1
The Accession
Protocol to the Framework Agreement on Comprehensive Partnership and
Cooperation between the European Community and its Member States, of the one
part, and the Republic of Indonesia, 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.
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]               OJ L 125, 26.4.2014, p. 17
[2]               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)
ANNEX
to the
Proposal for a
COUNCIL DECISION
on the conclusion, on behalf of the European Union and its Member States, of
the Accession Protocol to the Framework Agreement on Comprehensive Partnership
and Cooperation between the European Community and its Member States, of the
one part, and the Republic of Indonesia, of the other part, to take account of
the accession of the Republic of Croatia to the European Union

ACCESSION PROTOCOL TO THE
FRAMEWORK AGREEMENT
ON COMPREHENSIVE PARTNERSHIP AND COOPERATION
between the European Community and its Member States, of the one part, and the Republic of Indonesia, 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 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
THE REPUBLIC OF INDONESIA, hereinafter
referred to as "Indonesia"
of the other part,
hereinafter referred to as "the 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 and the Treaty
concerning the accession of the Republic of Croatia to the European Union, hereinafter
referred to as "the Treaty of Accession", signed in Brussels on 9
December 2011 and entered into force on 1 July 2013;
WHEREAS the Framework Agreement on
Comprehensive Partnership and Cooperation between the European Community and
its Member States, of the one part, and the Republic of Indonesia, of the other
part, hereinafter referred to as "the Agreement" was signed in
Jakarta on 9 November 2009;
WHEREAS the Republic of Croatia undertakes
to accede to the agreements concluded or signed by the European Union and its
Member States with one or more third countries or with an international
organization as required by Article 6 (2) of the Act concerning the condition
of accession of the Republic of Croatia and the adjustment to the Treaty on
European Union, the Treaty on the Functioning of the European Union and to the
Treaty Establishing the European Atomic Energy Community;
HAVE AGREED AS FOLLOWS:
Article 1
The Republic of Croatia hereby accedes as a
Party to the Framework Agreement on Comprehensive Partnership and Cooperation
between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part, signed in Jakarta on 9 November 2009.
Article 2
The texts of the Agreement and the Final
Act in the Croatian language annexed to this Protocol 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, Slovene, Spanish, Swedish,
Slovak and Indonesian 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 Indonesia in accordance with their own procedures. The Parties shall notify
each other of the completion of the procedures necessary for that purpose. 
(2)              
This Protocol shall enter into force on the
first day of the month following the date of the last notification of the
instrument of approval.
(3)              
Pending its entry into force, this Protocol
shall apply provisionally as of the date of its signature.
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, Slovene, Spanish, Swedish and Indonesian
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 THE REPUBLIC OF INDONESIA