CELEX: 52012PC0455
Language: en
Date: 2012-08-13
Title: Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of an accession Protocol to the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, on the other part

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		52012PC0455
		
			Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of an accession Protocol to the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, on the other part /* COM/2012/0455 final - 2012/0220 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
The Political Dialogue and Cooperation
Agreement (PDCA) between the European Community and
its Member States, of the one part, and the
Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama,
on the other part, was signed on 15 December 2003. The Agreement has now
been ratified by all parties.
Under the terms of Article 6(2) of the Act
of Accession of new Member States to the EU, the accession of the new EU Member
States to the PDCA is to be agreed by means of a protocol to this Agreement.
The same article provides for a simplified procedure, whereby the protocol is
to be concluded by the Council, acting unanimously on behalf of the Member
States, and by the third country concerned.
The 10 new Member
States that joined the EU in 2004 — the Czech Republic, the Republic of
Estonia, the Republic of Cyprus, Hungary, the Republic of Latvia, the Republic
of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of
Slovenia, and the Slovak Republic — and the Republic of Bulgaria and Romania
that joined in 2007, are to accede to the PDCA by means of a protocol to the Agreement.
A Council Decision on
17 November 2009 authorised the Commission to open negotiations with the
Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and
Panama, in order to conclude the relevant protocol.
The text of the protocol negotiated with
the Central American partners is attached. The most important provision of the
protocol concerns the accession of the new Member States to the PDCA and provides for authentic versions of the Agreement in the
new official languages of the EU.
The attached proposals are for (1) a
Council Decision on the signature and provisional application of the Protocol
and (2) a Council Decision on the conclusion of the Protocol.
The Council is requested to adopt the
proposed Council Decisions for the signing and conclusion of the Protocol.
2012/0220 (NLE)
Proposal for a
COUNCIL DECISION
on the signing, on behalf of the European
Union, of an accession Protocol to the Political Dialogue and Cooperation
Agreement between the European Community and its Member States, of the one
part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras,
Nicaragua and Panama, on the other part
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article(s) 212(3), in
conjunction with Article 218(5) thereof,
Having regard to the Treaty of Accession of
16 April 2003, and in particular Article 2(3) thereof,
Having regard to the Act of Accession
annexed to the Treaty of Accession, and in particular Article 6 (2) thereof,
Having regard to the Treaty of Accession of
the Republic of Bulgaria and Romania, and in particular Article 4(3) thereof,
Having regard to the Act annexed to the
Treaty of Accession of Bulgaria and Romania to the European Union, and in
particular Article 6(2) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       On 17 November 2009 the
Council authorised the Commission to open negotiations with the Republics of
Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama for the
signature of an accession protocol to the Political Dialogue and Cooperation
Agreement. The negotiations were successfully concluded by the initialling of
the Agreement. 
(2)       Under
the terms of Article 6(2) of the Act of Accession of new Member States to the
EU, the accession of the new EU Member States to the PDCA is to be agreed by
means of a protocol to this Agreement. The same article provides for a
simplified procedure, whereby the protocol is to be concluded by the Council,
acting unanimously on behalf of the Member States, and by the third countries
concerned. 
(3)       Article
X of the Protocol negotiated with the Central American partners provides for
the provisional application of the Protocol before its entry into force.
(4)       Therefore, subject to its conclusion at a later date, the Protocol should be
signed on behalf of the Union and its Member States and applied provisionally,
HAS ADOPTED THIS DECISION: 
Article 1
The signing of the accession Protocol to the Political Dialogue and Cooperation Agreement with the Republics of Costa Rica, El Salvador, Guatemala, Honduras,
Nicaragua and Panama is hereby approved on behalf of the
Union, subject to the conclusion of the said Agreement.

The text of the Agreement to be signed is
attached to this Decision.
Article 2
The President of the Council is hereby
authorised to designate the person(s) empowered to sign, on behalf of the
European Union and its Member States, the Protocol to the Political Dialogue
and Cooperation Agreement between the European Community and its Member States,
of the one part, and the Republics of Costa Rica, El Salvador, Guatemala,
Honduras, Nicaragua and Panama, on the other part.
Article 3
Pending its entry into force, the Protocol
shall be applied on a provisional basis from the date of the entry into force
of the Political Dialogue and Cooperation Agreement between the European
Community and its Member States, of the one part, and the Republics of Costa
Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, on the other
part.
Article4
This Decision is addressed to the Member
States.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
ANNEX 
Protocol
to
the Political Dialogue and Cooperation Agreement between the European Community
and its Member States, of the one part, and the Republics of Costa Rica, El
Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, to take
account of the accession of the Republic of Bulgaria, the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, Hungary, the Republic of Latvia,
the Republic of Lithuania, the Republic of Malta, the Republic of Poland, Romania,
the Republic of Slovenia, and the Slovak Republicto 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
ITALIAN REPUBLIC,
THE
REPUBLIC OF CYPRUS,
THE
REPUBLIC OF LATVIA,
THE
REPUBLIC OF LITHUANIA,
THE
GRAND DUCHY OF LUXEMBURG,
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,
and
THE
EUROPEAN UNION,
of the one part, and
THE
REPUBLIC OF COSTA RICA,
THE
REPUBLIC OF EL SALVADOR,
THE
REPUBLIC OF GUATEMALA,
THE
REPUBLIC OF HONDURAS,
THE
REPUBLIC OF NICARAGUA,
THE
REPUBLIC OF PANAMA,
                                                                                     of
the other part,
WHEREAS the Political Dialogue and
Cooperation Agreement between the European Community and its Member States, of
the one part, and the Republics of Costa Rica, El Salvador, Guatemala,
Honduras, Nicaragua and Panama, of the other part, hereinafter referred to as
“the Agreement”, was signed in Rome on 15 December 2003;
WHEREAS the Treaty concerning the accession
of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the
Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the
Republic of Malta, the Republic of Poland, the Republic of Slovenia and the
Slovak Republic to the European Union (hereinafter referred to as “Treaty of
Accession”) was signed in Athens on 16 April 2003;
WHEREAS, pursuant to Article 6(2) of the Act
of Accession the incorporation of these Member States to the Agreement shall be
formalised by the conclusion of a protocol to the Agreement;
WHEREAS the Treaty concerning the accession
of the Republic of Bulgaria and Romania to the European Union (hereinafter
referred to as “the second Treaty of Accession”) was signed in Luxembourg on 25
April 2005;
WHEREAS, pursuant to the second Treaty of
Accession and in particular Article 6(2) of the Protocol concerning the
conditions and arrangements for admission of the Republic of Bulgaria and
Romania, the incorporation of the New Member States to the Agreement is to be
formalised by the conclusion of a Protocol to the Agreement;
WHEREAS Article 53 of the Agreement states:
“For the purposes of this
Agreement, "the Parties"
shall mean the Community, its Member States or the Community and its Member
States, within their respective areas of competence, as derived from the Treaty
establishing the European Community, on the one hand, and the Republics
of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, on the other,
in accordance with their respective spheres of competence. The Agreement shall
also apply to measures taken by any State, regional or local authorities within
the territories of the Parties.”;
WHEREAS Article 59 of the Agreement states:
“This Agreement shall apply, on the one hand, to the territories in which the
Treaty establishing the European Community is applied and under the conditions
laid down in that Treaty, and, on the other hand, to the territories of the
Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama”;
WHEREAS Article 60 of the Agreement states:
“This Agreement is drawn up in duplicate in the Danish, Dutch, English,
Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish
languages, each of these texts being equally authentic”; 
HAVE
Agreed as follows:
Article 1
The Republic of Bulgaria, Czech Republic,
the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the
Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania,
the Republic of Slovenia, and the Slovak Republic are hereby incorporated as
Parties to the Political Dialogue and Cooperation Agreement between the
European Community and its Member States, of the one part, and the Republics of
Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the
other part.
Article 2
Within six months of the initialling of
this Protocol the European Union shall communicate to its Member States and the
Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and
Panama, the Bulgarian, Czech, Estonian, Hungarian, Latvian, Lithuanian,
Maltese, Polish, Romanian, Slovak and Slovenian language versions of the
Agreement. Subject to the entry into force of this Protocol the new language
versions shall become authentic under the same conditions as the versions drawn
up in the present languages of the Agreement. 
Article 3
This Protocol shall form an integral part
of the Political Dialogue and Cooperation Agreement. 
Article 4
This Protocol is drawn up in duplicate in
the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French,
German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
Portuguese, Rumanian, Slovak, Slovenian, Spanish and Swedish languages, each of
these texts being equally authentic. 
Article 5
1.           This Protocol shall be
approved by the European Union and its Member States, and by the Republics of
Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, in
accordance with their own procedures. 
2.           This Protocol shall enter
into force on the first day of the month following the date on which all the
Parties have notified each other of the completion of the procedures necessary
for this purpose. 
Done at Brussels,
For the Council
The President