Explanatory Memorandum to COM(2017)190 - Approval of the conclusion on behalf of Euratom of the Protocol to the partnership agreement with Uzbekistan to take account of the accession of Croatia to the EU

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The attached proposal constitutes the legal instrument for the Recommendation for a Council Decision approving the conclusion of the Protocol, by the European Commission, on behalf of the European Atomic Energy Community, to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, to take account of the Republic of Croatia’s accession to the European Union. The proposal includes the following:

(i)recommendation for a Council Decision approving the conclusion of the Protocol, by the European Commission, on behalf of the European Atomic Energy Community.

This proposal is presented jointly with a:

(ii)proposal for a Council Decision on the signature and provisional application of the Protocol on behalf of the European Union and its Member States;

(iii)proposal for a Council Decision on the conclusion of the Protocol on behalf of the European Union and its Member States.

According to its Act of Accession, 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 establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, hereinafter referred to as ‘the Agreement’, was signed on 21 June 1996 and entered into force on 1 July 1999.

A Council Decision of 14 September 2012 1 authorised the Commission to open negotiations with the non-EU countries concerned, in order to conclude the relevant protocols. Negotiations with the Republic of Uzbekistan were successfully concluded by the exchange of notes verbales.

The proposed Protocol incorporates the Republic of Croatia as a contracting party to the Agreement and commits the EU to providing the authentic version of the Agreement in the Croatian language.

The Commission has judged the results of the negotiations to be satisfactory and requests the Council to recommend a Council Decision approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, to take account of the Republic of Croatia’s accession to the European Union.

Recommendation for a

COUNCIL DECISION

approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,

Having regard to the recommendation from the European Commission,

Whereas:

In accordance with Article 6(2) of the Act of Accession of the Republic of Croatia, the accession of the Republic of Croatia to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part (‘the Agreement’)  2 is to be agreed by means of a protocol to the Agreement.

On 14 September 2012, the Council authorised the Commission to open negotiations with the non-EU countries concerned 3 . Negotiations were successfully concluded with the Republic of Uzbekistan by exchange of notes verbales.

The conclusion, by the Commission, of the Protocol should be approved as regards matters falling within the competence of the European Atomic Energy Community.

The signature and conclusion of the Protocol are subject to a separate procedure as regards matters falling within the competence of the Union and its Member States,


HAS ADOPTED THIS DECISION:


Sole Article

The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, to take account of the accession of the Republic of Croatia to the European Union, is hereby approved.

The text of the Protocol is attached to the Decision on its signature.

Done at Brussels,

   For the Council

   The President

(1) Council Decision authorising the opening of negotiations for the adaptation of agreements signed or concluded between the European Union, or the European Union and its Member States, with one or more third countries or international organisations, in view of the accession of the Republic of Croatia to the European Union (Council doc. 13351/12 LIMITED).
(2) Council and Commission Decision 1999/593/EC, ECSC, Euratom of 31 May 1999 on the conclusion of the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part (OJ L 229, 31.8.1999, p. 1).
(3) Council Decision authorising the opening of negotiations for the adaptation of agreements signed or concluded between the European Union, or the European Union and its Member States, with one or more third countries or international organisations, in view of the accession of the Republic of Croatia to the European Union (Council doc. 13351/12 LIMITED)