Explanatory Memorandum to COM(2005)191-1 - Signature of the Additional Protocol to the association agreement with Turkey following the enlargement of the EU - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2005)191-1 - Signature of the Additional Protocol to the association agreement with Turkey following the enlargement of the EU. |
|---|---|
| source | COM(2005)191  |
| date | 13-05-2005 |
These proposals also respect the conclusions of the December 2004 European Council relating to the signature of such a protocol.
The Commission has negotiated this Additional Protocol on the basis of negotiation directives adopted by the Council on 9 March 2004.
The attached proposals are for i a Council Decision on the signature of the Additional Protocol and i a Council Decision on the conclusion of the Additional Protocol.
Article 1 i of the Additional Protocol takes account of incomplete past ratification procedures with regard to previous accessions of six Member States. Even though these earlier procedures were not completed, there has nevertheless been a de facto and de jure association between these states and Turkey. This is made clear in the second “considering” of the additional protocol.
The Additional Protocol provides for the necessary technical adaptations of the Association Agreement that ensue from the accession of the new contracting parties. The Additional Protocol includes a number of adjustments brought about by the institutional and legal developments within the EC, as well as by the accession of the new Member States to this mixed agreement and an increase in the number of official languages.
The Commission requests the Council to adopt the attached proposals for Council Decisions on the signature and on the conclusion of the Additional Protocol. The European Parliament will be called upon to give its assent to the conclusion of this Additional Protocol.
Proposal for a
COUNCIL DECISION
on the signature of the Additional Protocol to the Agreement establishing an Association between the European Economic Community and Turkey following the enlargement of the European Union
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of Article 300 i, first subparagraph,
Having regard to the Act of Accession 2003, and in particular Article 6 i,
Having regard to the proposal from the Commission[?],
Whereas:
The Agreement establishing an Association between the European Economic Community and Turkey, signed in Ankara on 12 September 1963 (hereinafter referred to as “the Ankara Agreement”)[?], entered into force on 1 December 1964.
Article 6, paragraph 2 of the Act of Accession requires the new Member States to accede to the agreements concluded by the Member States and the Community, acting jointly, with third countries.
The Commission, authorised by the Council to negotiate with Turkey a Protocol to the Ankara Agreement to take into account the enlargement of the European Union, has successfully accomplished these negotiations.
Subject to its conclusion, the Additional Protocol should be signed on behalf of the Community and its Member States,
HAS DECIDED AS FOLLOWS:
Sole Article
The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community and its Member States, and subject to its conclusion, the Additional Protocol to the Agreement establishing an Association between the European Economic Community and Turkey following the enlargement of the Union.
The text of the Additional Protocol is attached to this Decision.
Done at Brussels,
For the Council
The President