CELEX: 52017PC0723
Language: en
Date: 2017-12-01
Title: Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union and its Member States, of a Third Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Croatia to the European Union

EUROPEAN COMMISSION
            Brussels, 1.12.2017
            COM(2017) 723 final
            2017/0319(NLE)
            Proposal for a
            COUNCIL DECISION
            on the conclusion, on behalf of the European Union and its Member States,of a Third Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Croatia to the European Union
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               •Reasons for and objectives of the proposal
            
            
               
                  The Economic Partnership, Political Coordination and Cooperation Agreement (‘Global Agreement’) was signed on 8 December 1997 and entered into force on 1 October 2000. 
               
               
                  The attached proposal constitutes the legal instrument for the conclusion of a Third Additional Protocol to the Global Agreement (‘the Protocol’), to take account of the accession of the Republic of Croatia to the European Union.
               
               
                  Under Article 6(2) of the Act of Accession of the Republic of Croatia, Croatia undertook to accede to the existing agreements concluded or signed by the Member States and the European Union with third countries. Unless otherwise provided for in specific agreements, Croatia accedes to these existing agreements by means of protocols that the Council, acting unanimously on behalf of the Member States, concludes with the third countries concerned.
               
               
                  On 14 September 2012
                     1
                   the Council authorised the Commission to open negotiations with the third countries concerned with a view to concluding the relevant protocols. The negotiations with Mexico have been successfully concluded. The proposed Protocol incorporates the Republic of Croatia as a party to the EU-Mexico Global Agreement. The texts of the Global Agreement and the Final Act in the Croatian language will become authentic under the same conditions as other language versions of the Agreement.
               
               
                  The Protocol will enter into force on the first day of the month following the date on which the Parties notify each other that they have completed the relevant internal procedures. However, it will apply provisionally pending completion of the procedures for its entry into force.
               
               
                  The Commission recommends that the Council adopt the attached Council Decision on the conclusion, on behalf of the European Union and its Member States, of a Third Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Croatia to the European Union.
               
            
            
               2017/0319 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the conclusion, on behalf of the European Union and its Member States,
                  of a Third Additional Protocol to the Economic Partnership, Political Coordination 
                  and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, 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 91, 100(2), 207 and 211, in conjunction with Article 218(6)(a) thereof,
            
            
               Having regard to the Act of Accession of the Republic of Croatia to the European Union, 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)The Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part (the ‘Global Agreement’), was signed on 8 December 1997 and entered into force on 1 October 2000.
            
            
               (2)Under Article 6(2) of the Act of Accession of the Republic of Croatia, Croatia undertook to accede to the existing agreements concluded or signed by the Member States and the Union with third countries. Unless otherwise provided for in specific agreements, the Republic of Croatia accedes to these existing agreements by means of protocols concluded between the Council, acting unanimously on behalf of the Member States, and the third countries concerned. 
            
            
               (3)On 14 September 2012 the Council authorised the Commission to open negotiations with the third countries concerned with a view to concluding the relevant protocols. 
            
            
               (4)The negotiations with the United Mexican States to agree on a Third Protocol to the Global Agreement to take account of the accession of the Republic of Croatia to the European Union have concluded successfully,
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               The Council hereby approves, on behalf of the European Union and its Member States, the Third Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Croatia to the European Union
                  2
               .
            
            
               Article 2
            
            
               In accordance with Article 5(2) of the Third Additional Protocol, the Third Additional 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 internal procedures necessary for that purpose.
            
            
               Article 3
            
            
               The Council hereby authorises its President to designate the person(s) empowered to give the notification provided for in Article 5(2) of the Third Additional Protocol.
            
            
               Article 4
            
            
               The text of the Protocol is attached to this Decision.
            
            
               Article 5
            
            
               This Decision shall enter into force on the date 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 document 13351/12 LIMITED).
               
               
                  
                     (2)
                  
                        The text of the Protocol was published in the Official Journal of the European Union OJ L …. together with the decision on its signing.
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 1.12.2017
            COM(2017) 723 final
            ANNEX
            to the
            Proposal for a Council Decision
            on the conclusion, on behalf of the European Union and its Member States, of a Third Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Croatia to the European Union
            
               
         
         
            
               Annex
            
            
               THIRD ADDITIONAL PROTOCOL
            
            
               TO THE ECONOMIC PARTNERSHIP,
            
            
               POLITICAL COORDINATION AND COOPERATION AGREEMENT
            
            
               BETWEEN THE EUROPEAN COMMUNITY AND ITS MEMBER STATES,
            
            
               OF THE ONE PART,
            
            
               AND THE UNITED MEXICAN STATES,
            
            
               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", and
            
            
            
               THE EUROPEAN UNION, hereinafter referred to as the "Union",
            
            
            
                  of the one part, and
            
            
            
               THE UNITED MEXICAN STATES, hereinafter referred to as 'Mexico',
            
            
            
                  of the other part,
            
            
            
               hereinafter jointly referred to as "the Parties",
            
            
            
               WHEREAS the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, hereinafter referred to as "the Agreement", was signed in Brussels on 8 December 1997 and entered into force on 1 October 2000;
            
         
         
            
            
               WHEREAS the First Additional Protocol to the Agreement was signed in Mexico City on 2 April 2004 and in Brussels on 29 April 2004;
            
            
            
               
            
               WHEREAS the Second Additional Protocol to the Agreement was signed in Mexico City on 29 November 2006;
            
            
            
               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 attached to the Treaty of Accession, the accession of the Republic of Croatia to the Agreement is to be agreed by the conclusion of a Protocol to the Agreement;
            
            
            
               WHEREAS in accordance with Article 55 of the Agreement, for the purposes of the Agreement, "the Parties" means, on the one hand, the Community or its Member States or the Community and its Member States, in accordance with their respective areas of competence, as derived from the Treaty establishing the European Community and, on the other hand, Mexico;
            
            
            
               WHEREAS in accordance with Article 56 of the Agreement, the Agreement applies to the territory in which the Treaty establishing the European Community is applied under the conditions laid down in that Treaty, on the one hand, and to the territory of Mexico, on the other;
            
            
            
               WHEREAS in accordance with Article 59 of the Agreement, the Agreement was 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;
            
            
            
               
            
               WHEREAS the First Additional Protocol to the Agreement takes account of the accession of the 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, the Republic of Slovenia, and the Slovak Republic to the Union;
            
            
            
               WHEREAS the Agreement was authenticated in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovenian language versions under the same conditions as the versions drawn up in the original languages of the Agreement;
            
         
         
            
            
               WHEREAS the Second Additional Protocol to the Agreement takes account of the accession of the Republic of Bulgaria and Romania to the Union;
            
            
            
               WHEREAS the Agreement was authenticated in the Bulgarian and Romanian language versions under the same conditions as the versions drawn up in the original languages of the Agreement;
            
            
            
               WHEREAS Article 5(3) of this Protocol provides for the provisional application of this Protocol by the Union and its Member States before they have completed their internal procedures required for its entry into force;
            
            
            
               HAVE AGREED AS FOLLOWS:
            
            
            
            
               
            
               ARTICLE 1
            
            
            
               The Republic of Croatia is hereby incorporated as a Party to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part.
            
            
            
            
               ARTICLE 2
            
            
            
               1.
                     After the signature of this Protocol, the Union shall transmit the Croatian language version of the Agreement to its Member States and the United Mexican States.
            
            
         
         
            
               2.
                     Subject to the entry into force of this Protocol, the Croatian language version 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, Slovenian, Spanish and Swedish language versions of the Agreement.
            
            
            
            
               ARTICLE 3
            
            
            
               This Protocol shall form an integral part of the Agreement.
            
            
            
            
               
            
               ARTICLE 4
            
            
            
               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, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.
            
            
            
            
               ARTICLE 5
            
            
            
               1.
                     This Protocol shall be signed and approved by the Parties in accordance with their respective internal procedures.
            
            
            
               2.
                     This 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 internal procedures necessary for that purpose.
            
            
         
         
            
               3.
                     Notwithstanding paragraph 2, the Parties agree that, pending the completion of the internal procedures of the Union and its Member States for the entry into force of this Protocol, they shall apply the provisions of this Protocol from the first day of the month following the date on which the Union and its Member States give notification of the completion of their internal procedures necessary for that purpose and the United Mexican States gives notification of the completion of its internal procedures necessary for the entry into force of this Protocol.
            
            
            
               
            
               4.
                     Notifications shall be sent to the Secretary-General of the Council of the European Union who shall be the depositary of this Protocol.
            
            
            
               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 UNITED MEXICAN STATES