CELEX: 52014PC0484
Language: en
Date: 2014-07-23
Title: Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union and its Member States, of the Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part, to take account of the accession of the Republic of Croatia to the European Union

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		52014PC0484
		
			Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union and its Member States, of the Protocol to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part, to take account of the accession of the Republic of Croatia to the European Union /* COM/2014/0484 final - 2014/0221 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
The attached proposal constitutes the legal
instrument for the signature of a Protocol to the Framework Agreement on
Comprehensive Partnership and Cooperation between the European Union and its
Member States, of the one part, and the Socialist Republic of Viet Nam, 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 Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part,
hereinafter referred to as "the Agreement", was signed in Brussels on 27 June 2012. The Agreement is currently undergoing ratification and has not
yet entered into force. 
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. The negotiations with the Socialist Republic
of Viet Nam were successfully concluded by the initialling of the Protocol.
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 considers the outcome of the
negotiations satisfactory and requests the Council to authorise the signature,
on behalf of the European Union and its Member States, of the Protocol. 
2014/0221 (NLE)
Proposal for a
COUNCIL DECISION
on the signing, on behalf of the European
Union and its Member States, of the Protocol to the Framework Agreement on
Comprehensive Partnership and Cooperation between the European Union and its
Member States, of the one part, and the Socialist Republic of Viet Nam, 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)       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 Union and its Member States,
of the one part, and the Socialist Republic of Viet Nam, of the other part ("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 with the Socialist Republic of Viet
Nam by the initialling of the Protocol.
(3)       The
Protocol should be signed, subject to its conclusion at a later date,
HAS ADOPTED THIS DECISION: 
Article 1
The signing on behalf of the Union and its
Member States of the Protocol to the Framework Agreement on Comprehensive
Partnership and Cooperation between the European Union and its Member States,
of the one part, and the Socialist Republic of Viet Nam, of the other part, to
take account of the accession of the Republic of Croatia to the European Union is hereby authorised, subject to the conclusion of the said Protocol. 
The text of the Protocol will be published
together with the Decision on its conclusion.
Article 2
The President of the Council is hereby
authorised to designate the person(s) empowered to sign the Protocol on behalf
of the Union and its Member States.
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 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 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 signing, on behalf of the European Union and its Member States, of the
Protocol to the Framework Agreement on Comprehensive Partnership and
Cooperation between the European Union and its Member States, of the one part,
and the Socialist Republic of Viet Nam, of the other part, to take account of
the accession of the Republic of Croatia to the European Union

PROTOCOL
TO THE FRAMEWORK AGREEMENT
ON COMPREHENSIVE PARTNERSHIP AND COOPERATION
between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, 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,
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 SOCIALIST REPUBLIC OF VIET NAM, hereinafter referred to as "Viet Nam"
of the other part,
hereinafter referred to as "the
Contracting 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,
WHEREAS the Framework Agreement on
Comprehensive Partnership and Cooperation between the European Union and its
Member States, of the one part, and the Socialist Republic of Viet Nam, of the
other part, hereinafter referred to as "the Agreement" was signed in Brussels, on 27 June 2012;
WHEREAS the Treaty concerning the accession
of the Republic of Croatia to the European Union, hereinafter referred to as
"the Treaty of Accession", was signed in Brussels on 9 December 2011;
WHEREAS pursuant to Article 6(2) of the Act
of Accession of the Republic of Croatia, its accession to the Agreement, is to
be agreed by the conclusion of a protocol to the Agreement,
HAVE AGREED AS FOLLOWS:
Article 1
The Republic of Croatia hereby accedes as
Party to the Framework Agreement on Comprehensive Partnership and Cooperation between
the European Union and its Member States, of the one part, and the Socialist Republic
of Viet Nam, of the other part, signed in Brussels, on
27 June 2012, and shall respectively adopt and take
note, in the same manner as the other Member States of the European Union, of
the texts of the Agreement, as well as of the Declarations thereto.
Article 2
In due time after the initialling of this
Protocol, the European Union shall communicate to its Member States and the Socialist
Republic of Viet Nam, the Croatian language version of the Agreement. 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 the Bulgarian, Czech, Danish, Dutch,
English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian,
Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish
and Vietnamese 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 Viet Nam in accordance with their own procedures. The Contracting
Parties shall notify each other of the completion of the procedures necessary
for that purpose. The instruments 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 the deposit of the last
instrument of approval, but not before the date of entry into force of the
Agreement.
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 Vietnamese 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 SOCIALIST REPUBLIC OF VIET NAM