Explanatory Memorandum to COM(2013)568 - Conclusion of the Protocol to the Agreement on Cooperation and Customs Union between the EC and San Marino to take account of the accession of Croatia to the EU - Main contents
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| dossier | COM(2013)568 - Conclusion of the Protocol to the Agreement on Cooperation and Customs Union between the EC and San Marino to take account ... |
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| source | COM(2013)568  |
| date | 02-08-2013 |
The Republic of Croatia (hereinafter Croatia) will join the European Union on 1 July 2013. On 14 September 2012, the Council authorized the Commission to negotiate the adaptation, through a Protocol, of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino (hereinafter San Marino), of the other part[1] (hereinafter the Agreement), regarding Croatia's participation as a contracting party, in view of the enlargement of the Union to include the latter.
In accordance with Article 6(2) of the Protocol concerning the conditions and arrangements for admission of the Republic of Croatia to the European Union, the Commission is to submit to the Council a draft of the Protocol to be concluded.
The Agreement entered into force on 1 April 2002 and needs to be amended to include Croatia as a contracting party. Following the authorisation given to the Commission on 14 September 2012, negotiations have been concluded with San Marino on a Protocol to the Agreement.
Pursuant to Article 218(6)(a) of the Treaty on the Functioning of the European Union, the European Parliament gave its consent to the conclusion of the said Protocol to the Agreement on […].
Summary of the proposed action
This proposal consists of a draft Council Decision on the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Agreement (in annex), to provide for Croatia's participation as a contracting party following its accession to the European Union.
Legal basis
The Treaty on the Functioning of the European Union, and in particular Article 218(6) thereof; the Treaty of Accession of Croatia[2]; and the Act of Accession of Croatia[3], and in particular the second subparagraph of Article 6(2) thereof.
Choice of instrument
Pursuant to Article 218(6)(a) of the Treaty on the Functioning of the European Union, in cases covered by the said Article, the Council shall adopt a Decision authorizing the conclusion of the Agreement after obtaining the consent of the European Parliament. This is a proposal for such a Decision.
Proportionality
This proposal is in line with the principle of proportionality because its effects are strictly limited to what is necessary to provide for Croatia's participation in the Agreement, as a contracting party, following its accession to the European Union.