Explanatory Memorandum to COM(2008)139-2 - Conclusion of the Protocol to the stabilisation and association agreement with Albania to take account of the accession of Bulgaria and Romania to the EU

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On 23 October 2006 the Council authorised the Commission to open negotiations, on behalf of the Community and its Member States, with the Republic of Albania in order to conclude a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

Negotiating rounds with Albania took place on 22 November 2006 and 1 February 2007. Negotiations continued by exchanges of letters on 2 April, 21 May, 9 July and 12 September 2007. The Protocol was initialled by the Commission and the Government of the Republic of Albania on 7 January 2008. The text of the initialled protocol is attached.

The attached proposals are for  i a Council decision on the signature of the protocol and  i a Council and Commission decision on the conclusion of the protocol.

The Commission proposes that the Council:

- decides on the signature of the Protocol on behalf of the European Community and its Member States;

- concludes the protocol on behalf of the European Community and its Member States and gives its approval for conclusion by the European Atomic Energy Community. This proposal shall be adopted by the Council together with the decision concluding the Stabilisation and Association Agreement with Albania.

Proposal for a

COUNCIL DECISION

on the signing of a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to 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 thereof,

Having regard to the Act annexed to the Treaty of Accession and in particular Article 6  i thereof,

Having regard to the proposal from the Commission[?],

Whereas:

On 23 October 2006 the Council authorised the Commission to open negotiations, on behalf of the Community and its Member States, with the Republic of Albania in order to conclude a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

These negotiations have been successfully completed and subject to its possible conclusion at a later date, the Protocol should be signed on behalf of the European 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, the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, subject to a possible conclusion at a later stage.

The text of the Protocol is attached to this Decision.

Done at Brussels,

For the Council

The President