Explanatory Memorandum to COM(2014)146 - Conclusion of the Association Agreement with Moldova - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2014)146 - Conclusion of the Association Agreement with Moldova. |
|---|---|
| source | COM(2014)146  |
| date | 10-03-2014 |
1. CONTEXT OFTHEPROPOSAL/BACKGROUND
The attached proposal constitutes the legal instrument for authorising the conclusion of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (hereinafter referred to as 'the Agreement').
A Commission Decision on the conclusion of the Association Agreement on behalf of the European Atomic Energy Community is being made separately.
Relations between the EU and the Republic of Moldova are currently based on the Partnership and Cooperation Agreement which entered into effect in July 1998.
Negotiations of this comprehensive and ambitious Agreement between the EU and the Republic of Moldova were launched in January 2010. In February 2012, the EU and the Republic of Moldova also launched negotiations on the Deep and Comprehensive Free Trade Area (DCFTA) part, as a core element of the Association Agreement. On 29 November 2013, the European Union and the Republic of Moldova initialled the text of the Association Agreement, including the DCFTA part.
The Association Agreement aims to accelerate the deepening of political and economic relations between the Republic of Moldova and the EU, as well as advance the Republic of Moldova's gradual economic integration with the EU Internal Market in selected areas, inter alia through a DCFTA, as an integral part of the Agreement.
2. RESULTS OFTHE NEGOTIATIONS
The Council has been regularly informed and consulted in the relevant Council Working Groups, notably in COEST and the Trade Policy Committee (TPC), at all stages of the negotiations. The Commission considers that the objectives set by the Council in its negotiating directives were attained and that the draft Association Agreement is acceptable to the Union.
The final content of the Association Agreement can be summarised as follows:
The Agreement establishes an association between the Union and its Member States of the one part, and the Republic of Moldova of the other part. This constitutes a new stage in the development of EU-Moldova contractual relations, aiming at political association and economic integration and leaving open the way for further progressive developments.
The overall aims of the association focus on promoting a gradual rapprochement between the parties on the basis of common values; strengthening the framework for enhanced political dialogue; promoting, preserving and strengthening peace and stability in both the regional and international dimensions; establishing conditions for enhanced economic and trade relations leading towards the Republic of Moldova's gradual economic integration with the EU internal market in selected areas; enhancing justice, freedom and security cooperation with the aim of reinforcing the rule of law and respect for human rights and fundamental freedoms, and establishing conditions for increasingly close cooperation in other areas of mutual interest.
The Association Agreement also foresees a wide range of sector cooperation, focusing on support to core reforms, economic recovery and growth, governance and sector cooperation in 28 areas, such as; public administration reform, management of public finances, energy, transport, environmental protection and direct action, industrial and small and medium enterprise cooperation, social policies, consumer protection, agriculture and rural
development, cross-border and regional level cooperation, education, training, civil society cooperation and youth as well as cultural cooperation. In all of these areas, enhanced cooperation starts from the basis of current frameworks, both bilateral and multilateral, with the aim of more systematic dialogue and exchange of information and good practice. Key to the sectoral cooperation chapters is a comprehensive menu of gradual approximation with the EU acquis set out in the annexes to the Agreement. Specific schedules for approximation and implementation by the Republic of Moldova of selected parts of the EU acquis will provide a focus for on-going cooperation, and will form the core of the Republic of Moldova's domestic reform and modernisation agenda.
The Agreement includes an updated institutional framework encompassing cooperation and dialogue fora. Specific decision-making roles are foreseen for an Association Council, and by delegation for an Association Committee, which may also meet in a specific configuration to address trade issues. Fora for civil society and parliamentary cooperation are also foreseen. The Agreement also includes provisions on monitoring, approximation, fulfilment of obligations and dispute settlement (including separate provisions for trade-related matters).
Closer economic integration through the DCFTA will be a powerful stimulant to the country's economic growth. Approximation by the Republic of Moldova with EU legislation, norms and standards, will be the method. As a core element of the Association Agreement, the DCFTA will create business opportunities in both the EU and the Republic of Moldova and will promote real economic modernisation and gradual integration with the EU. Higher standards of products, better services to citizens, and above all the Republic of Moldova's ability to compete effectively in international markets should be the result of this process.
3. LEGALELEMENTSOFTHEPROPOSAL
On the part of the Union, the legal basis for the conclusion of this Agreement is Article 217, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8), as well as Article 218(7) of TFEU.
The attached proposal constitutes the legal instrument for the conclusion of the Association Agreement on behalf of the Union. A separate legal instrument applies to the European Atomic Energy Community.
In light of the above-mentioned results of negotiations, the Commission proposes that the Council decides that the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, should be concluded on behalf of the European Union after having received the consent of the European Parliament.
The fact that the Commission has submitted its proposal as an agreement of the Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part, is related to the genesis of this agreement under the rules of the Treaty before the entry into force of the Treaty of Lisbon.