CELEX: 52000PC0430
Language: en
Date: 2000-07-07
Title: Proposal for a Council Decision concerning the conclusion of the Protocol on the extension of the Cooperation Agreement between the European Community and Brunei-Darussalam, Indonesia, Malaysia, the Philippines, Singapore, Thailand and Viet Nam member countries of the Association of South-East Asian Nations, to Laos

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52000PC0430

Proposal for a Council Decision concerning the conclusion of the Protocol on the extension of the Cooperation Agreement between the European Community and Brunei-Darussalam, Indonesia, Malaysia, the Philippines, Singapore, Thailand and Viet Nam member countries of the Association of South-East Asian Nations, to Laos  /* COM/2000/0430 final - CNS 2000/0173 */  

Official Journal 240 E , 28/08/2001 P. 0041 - 0043

Proposal for a COUNCIL DECISION concerning the conclusion of the Protocol on the extension of the Cooperation Agreement between the European Community and Brunei-Darussalam, Indonesia, Malaysia, the Philippines, Singapore, Thailand and Viet Nam member countries of the Association of South-East Asian Nations, to Laos(presented by the Commission)EXPLANATORY MEMORANDUMApproval of a proposal for a Council decision to conclude the ProtocolThe attached proposal concerns a Council Decision to conclude the Protocol extending the existing Cooperation Agreement between the European Community and the member countries of ASEAN to the Lao People's Democratic Republic1. The negotiations and the initialisation of the Protocol between the European Community and the ASEAN took place in Brussels on 16 June 2000. The text is in conformity with the negotiation directive adopted on 28 February 2000. It does not include any financial protocol.2. In accordance with Articles 133 and 181, in conjunction with the first sentence of Article 300 (2) and the first paragraph of Article 300 (3) of the Treaty establishing the European Community, the opinion of the European Parliament is required.3. Subsequently, the Council is requested to adopt the Proposal for a Decision to conclude the Protocol to the existing Cooperation Agreement between the European Community and the member countries of the ASEAN.Proposal for a COUNCIL DECISION concerning the conclusion of the Protocol on the extension of the Cooperation Agreement between the European Community and Brunei-Darussalam, Indonesia, Malaysia, the Philippines, Singapore, Thailand and Viet Nam member countries of the Association of South-East Asian Nations, to LaosTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 and 181, in conjunction with the first sentence of Article 300 (2) and the first paragraph of Article 300 (3) thereof,Having regard to the proposal from the Commission [1],[1]  OJ C , , p. .Having regard to the opinion of the European Parliament [2],[2]  OJ C , , p. .Whereas:(1) The Commission has negotiated on behalf of the Community a Protocol on the extension of the Cooperation Agreement between the European Community and Brunei-Darussalam, Indonesia, Malaysia, the Philippines, Singapore, Thailand and Viet Nam member countries of the Association of South-East Asian Nations, to Laos.(2) This Agreement initialled on 16 June 2000 should be approved,HAS DECIDED AS FOLLOWS:Article 1The Protocol on the extension to Lao People's Democratic Republic of the Cooperation Agreement between the European Community and the member countries of ASEAN is hereby approved on behalf of the European Community.The text of the Protocol is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to express the consent of the Community to be bound thereby [3][3]  The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.Done at Brussels,For the CouncilThe PresidentPROTOCOL ON THE EXTENSION OF  the COOPERATION AGREEMENT BETWEEN THE MEMBER COUNTRIES OF ASEAN AND the European Community to THE LAO PEOPLE's Democratic RepublicThe Government of Brunei Darussalam,The Government of the Republic of Indonesia,The Government of Malaysia,The Government of the Republic of the Philippines,The Government of the Republic of Singapore,The Government of the Kingdom of Thailand,The Government of the Socialist Republic of Viet NamandThe Government of the Lao People's Democratic Republic,of the one part,The Council of the European Union,of the other part,HAVING REGARD to the Cooperation Agreement between the European Economic Community and Indonesia, Malaysia, the Philippines, Singapore and Thailand - member countries of the Association of South-East Asian Nations signed on 7 March 1980 in Kuala Lumpur, and extended to Brunei Darussalam on 16 November 1984 and to Viet Nam on 14 February 1997 [4], hereinafter referred to as the "Agreement",[4]  OJ L 117, 5.5.1999.WHEREAS the Lao People's Democratic Republic, as a new member of the Association of South East Asian Nations has applied to accede to the Agreement,HAVE DECIDED to extend the Agreement to the Lao People's Democratic Republic and to this end have designated as their Plenipotentiaries:THE GOVERNMENT OF BRUNEI DARUSSALAM:THE GOVERNMENT OF THE REPUBLIC OF INDONESIA:THE GOVERNMENT OF MALAYSIA:THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES:THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE:THE GOVERNMENT OF THE KINGDOM OF THAILAND:THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAMTHE GOVERNMENT OF THE LAO PEOPLE'S DEMOCRATIC REPUBLIC:The COUNCIL OF THE EUROPEAN UNION:WHO, having exchanged their full powers, found in good and due form,HAVE AGREED AS FOLLOWS,Article 1The Lao People's Democratic Republic accedes to the Agreement by virtue of this Protocol.Article 2The provisions of the Agreement together with the Protocol concerning Article 1 of the Agreement shall apply to the Lao People's Democratic Republic.Article 3The application of the Agreement to the Lao People's Democratic Republic shall not affect the application of the Cooperation Agreement between the European Community and the Lao People's Democratic Republic signed on 29 April 1997 and which entered into force on 1 December 1997. [5][5]  OJ L 334, 5.12.1997.Article 4This Protocol shall enter into force on the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.Article 5This Protocol is drawn up in eleven originals in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of these texts being equally authenticDone at, this day of in the year two thousand.For the Government of Brunei Darussalam(signature)For the Government of the Republic of Indonesia(signature)For the Government of Malaysia(signature)For the Government of the Republic of the Philippines(signature)For the Government of the Republic of Singapore(signature)For the Government of the Kingdom of Thailand(signature)For the Government of the Socialist Republic of Viet Nam(signature)For the Government of the Lao People's Democratic Republic(signature)For the Council of the European Union(signature)FINANCIAL STATEMENTPART I : FINANCIAL IMPLICATIONS1. Title of OperationConcerning the extension of the existing Cooperation Agreement between the European Community and the Association of South-East Asia Nations (ASEAN) to the Lao People's Democratic Republic.2. Budget Headings Involved- Part A (see Point 10)- Part B (see Annex II3. Legal BasisArticles 133 and 181, in conjunction with the first sentence of Article 300 (2) and the first paragraph of Article 300 (3) of the Treaty establishing the European Community.4. Description of Operation4.1 General objective.Extension of the existing EC-ASEAN Cooperation Agreement to Laos4.2 Period cover and arrangements for renewalRenewable in line with EC-ASEAN Cooperation Agreement5. Classification of Expenditure or Revenue5.1 Non compulsory expenditure5.2 Differentiated appropriations5.3 The projects launched under the protocol will not engender any specific revenue6. Type of Expenditure6.1 Grant up to 100% :7. Financial Impact7.1. Method of calculating total cost of operation (relation between individual and total costThe cost of individual action for most of the credit lines possibly concerned will be decided and calculated on a case by case basis7.2 Itemised breakdown of cost: not applicable7.3. Schedule of commitment and payment appropriationsOn request, following approval of the project by the Commission departments and up to an amount not exceeding the appropriations to be entered under the relevant budget headings, in each annual budgetary procedure8. Fraud prevention measuresThe member countries of ASEAN and the Commission will apply the normal control measures in the implementation of the agreement, as foreseen by each Financing Agreement and contracts9. Elements of cost-effectiveness analysis9.1. Specific and quantified objectives; target populationTo be defined on a case by case basis9.2. Grounds for the operation:To be defined on a case by case basis9.3. Monitoring and evaluation of the operationTo be defined on a case by case basis and included in each financing agreement and contract10. Administrative expenditure (Section III, Part A of the Budget)Actual mobilisation of the necessary administrative resources will depend on the Commission's annual decision on the allocation of resources, taking into account the number of staff and additional resources authorised by the budgetary authority. The allocation of supplementary resources is to be considered in the context of priorities to be decided by the Commission within the limits of budgetary means available in the annual budget.10.1 Effect of the number of posts&gt;TABLE POSITION&gt;10.2 Overall financial impact of additional human resources&gt;TABLE POSITION&gt;The costs of the human resources required will be covered by existing resources.The estimated annual cost for titles A1, A2, A4 and A5 is 324,000/year (3 men/year x 108,000).10.3 Increase in other administrative expenditure as a result of the operation&gt;TABLE POSITION&gt;The costs for the managing and monitoring of the Agreement will be through missions covered by existing resources.Appendix 2FINANCIAL STATEMENT1. Title of OperationNegotiation of the extension of the existing Co-operation Agreement between the European Community and the ASEAN to the Lao People's Democratic Republic.2. Budget Headings Involveda) Budget headings whose application is conditional on the existence of a Co-operation Agreement:b) Other budget headings for which the application is not conditional on the existence of a co-operation agreement:- B7-20 Food aid and support operations- B7-21 Humanitarian aid- B7-30 Co-operation with Asian developing countries- B7-60 Community measures to support NGOs- B7-61 Training and promotion of awareness of development issues- B7-62 Environment, health and the fight against drugs in the developing countries- B7-64 Specific aid schemes in the field of development- B7-65 Measures to combat fraud in the co-operation sector and management and assessment of Community aid- B7-70 European initiative for democracy and human rights