Explanatory Memorandum to COM(2013)546 - Signing and provisional application of a Protocol to the Stabilisation and Association Agreement with Montenegro to take account of the accession of Croatia to the EU

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On 24 September 2012 the Council authorised the Commission to open negotiations, on behalf of the European Union and its Member States and the Republic of Croatia, with Montenegro 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 Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union.

These negotiations started on 22 November 2012, following prior technical consultations with Montenegro on the issue. Further negotiating rounds took place on 25 January 2013 and 7 March 2013. The Protocol was initialled by the Commission and the Government of Montenegro on 16 May 2013. The text of the initialled protocol is attached.

The Commission proposes that the Council decides on the signature and provisional application of the Protocol on behalf of the European Union and concludes the Protocol on behalf of the European Union and its Member States. For the conclusion of the Protocol on behalf of the European Atomic Energy Community, the Commission proposes that the Council gives its approval, pursuant to the second paragraph of Article 101 of the Treaty establishing the EAEC.

The attached proposal is for a Council decision on the signature and provisional application of the protocol. The Commission proposes that the Council:

– decides on the signature and provisional application of the Protocol on behalf of the European Union.