Explanatory Memorandum to COM(2017)81 - Signing and provisional application of the Protocol to the partnership agreement with Iraq to take account of the accession of Croatia to the EU - Main contents
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| dossier | COM(2017)81 - Signing and provisional application of the Protocol to the partnership agreement with Iraq to take account of the accession ... |
|---|---|
| source | COM(2017)81  |
| date | 20-02-2017 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
According to its Act of Accession, the Republic of Croatia undertakes to accede to the international agreements signed or concluded by the European Union and its Member States by means of a protocol to those agreements.
The Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part, was signed on 11 May 2012. It is presently undergoing ratification.
The proposed Protocol incorporates the Republic of Croatia as a contracting party to the Agreement and commits the Union to providing an authentic version of the Agreement in Croatian. The attached proposal constitutes the legal instrument for the signing and provisional application of the Protocol.
The negotiations on the Protocol with the Republic of Iraq were formally concluded with the initialling of the text on 24 August 2016. The Commission judges the results of the negotiations to be satisfactory and requests that the Council adopt the attached Decision on the signing and provisional application of the Protocol.
• Consistency with existing policy provisions in the policy area
By its Decision of 14 September 2012 1 , the Council authorised the Commission to open negotiations with the third countries concerned, in order to conclude the relevant protocols.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Articles 207 and 209 of the Treaty on the Functioning of the European Union, in conjunction with Article 218(5) thereof, and Article 6(2) of the Act of Accession of the Republic of Croatia.
3. OTHER ELEMENTS
A separate proposal on the conclusion of this Agreement is also being submitted.