CELEX: 52015PC0311
Language: en
Date: 2015-06-26
Title: Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union and its Member States, and provisional application of a Protocol to the Framework Agreement between the European Union and its Member States, on the one hand, and the Republic of Korea, on the other hand, to take account of the accession of the Republic of Croatia to the European Union

EUROPEAN
                             COMMISSION
                                                      Brussels, 26.6.2015
                                                      COM(2015) 311 final
                                                      2015/0137 (NLE)
                                         Proposal for a
                                     COUNCIL DECISION
   on the signing, on behalf of the European Union and its Member States, and provisional
    application of a Protocol to the Framework Agreement between the European Union
   and its Member States, on the one hand, and the Republic of Korea, on the other hand,
      to take account of the accession of the Republic of Croatia to the European Union
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 ---pagebreak---                                    EXPLANATORY MEMORANDUM
   1.        CONTEXT OF THE PROPOSAL
   In accordance with the Act of Accession of the Republic of Croatia, Croatia will 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 20121 authorised the Commission to open negotiations
   with the third countries concerned, in order to conclude the relevant protocols.
   The Framework Agreement between the European Union and its Member States, on the one
   hand, and the Republic of Korea, on the other hand (hereinafter referred to as ‘the
   Agreement’) was signed on 10 May 2010.
   Following negotiations with the Republic of Korea, the following distinct proposals are
   submitted:
             (i)    Proposal for a Council Decision on the signature and provisional application of
                    a Protocol to the Agreement (hereinafter referred to as ‘the Protocol’) to take
                    account of Croatia’s accession to the European Union;
             (ii)   Proposal for a Council Decision on the conclusion of the Protocol, to be taken
                    up by the Council in due time following the signature of the Protocol.
   2.        RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND
             IMPACT ASSESSMENTS
   Negotiations with the Republic of Korea were successfully concluded by the initialling of the
   Protocol. The Commission has judged the results of the negotiations to be satisfactory.
   3.        LEGAL ELEMENTS OF THE PROPOSAL
   The proposed Protocol makes the Republic of Croatia a contracting party to the Agreement
   and commits the EU to providing an authentic version of the Agreement in Croatian, which is
   now an official EU language.
   The Commission asks the Council to authorise the signature, on behalf of the European Union
   and its Member States, and provisional application of a Protocol to the Framework Agreement
   between the European Union and its Member States, on the one hand, and the Republic of
   Korea, on the other hand, to take account of Croatia’s accession to the EU. Following the
   signature of the Protocol, the second proposal, on the conclusion of the Protocol, will be
   considered by the Council in due course.
   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).
EN                                                        2                                                         EN
 ---pagebreak---                                                                    2015/0137 (NLE)
                                                   Proposal for a
                                            COUNCIL DECISION
    on the signing, on behalf of the European Union and its Member States, and provisional
      application of a Protocol to the Framework Agreement between the European Union
     and its Member States, on the one hand, and the Republic of Korea, on the other hand,
       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 establishing the
   European Union and in particular Articles 207 and 212, 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)     The Framework Agreement between the European Union and its Member States, on
           the one hand, and the Republic of Korea, on the other hand2 (‘the Agreement’), was
           signed in Brussels on 10 May 2010.
   (2)     The Republic of Croatia became a Member State of the European Union on
           1 July 2013.
   (3)     Under the terms of Article 6(2) of the Act of Accession, Croatia’s accession to the
           Agreement is to be agreed by means of a Protocol to the Agreement. A simplified
           procedure is to apply whereby the Protocol is to be concluded by the Council, acting
           unanimously on behalf of the Member States, and by the third countries concerned.
   (4)     On 14 September 2012, the Council authorised the Commission to open negotiations
           with the third countries concerned3. The negotiations with the Republic of Korea were
           successfully concluded by the initialling of the Protocol.
   (5)     Article 4(3) of the Protocol provides for its provisional application before its entry into
           force.
   (6)     The Protocol should be signed, subject to its conclusion at a later date, and applied on
           a provisional basis,
   2
           OJ L 332, 19.12.2005, p. 2.
   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).
EN                                                        3                                                         EN
 ---pagebreak---    HAS ADOPTED THIS DECISION:
                                                Article 1
   The signing on behalf of the Union and its Member States of the Protocol to the Framework
   Agreement between the European Union and its Member States, on the one hand, and the
   Republic of Korea, on the other hand, is hereby approved on behalf of the Union and its
   Member States, subject to the conclusion of the said Protocol.
   The text of the Protocol is attached to this Decision.
                                                Article 2
   The General Secretariat of the Council shall establish the instrument of full powers to sign the
   Protocol, subject to its conclusion, for the person(s) indicated by the negotiator.
                                                Article 3
   Subject to its conclusion at a later date and pending its entry into force, the Protocol shall be
   applied provisionally, in accordance with its Article 4(3).
                                                Article 4
   This Decision shall enter into force on the day of its adoption. It shall be published in the
   Official Journal of the European Union.
   Done at Brussels,
                                                  For the Council
                                                  The President
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