Stabilisation and Association Agreement between the EU and Croatia
Stabilisation and Association Agreement between the EU and Croatia Stabilisation and Association Agreement between the EU and Croatia
Having completed the negotiating process the Commission proposes now to the Council to approve the results of the negotiations and to engage the procedures aimed at the signature and the conclusion of this agreement. To this regard the Commission presents two proposals, which constitute the legal instruments for the signature and the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, on the one part, and the Republic of Croatia, on the other part: (i) (ii) Proposal for a Council Decision for the signature of the Agreement; Proposal for a Council and Commission Decision for the conclusion of the Agreement. The procedures for the signature and the conclusion of the Agreement are different for the three European Communities: (European Community, European Atomic Energy Community and European Coal and Steel Community): a) as regards signature, Article 300.2, first indent, first sentence of the EC Treaty provides for a separate Council Decision concerning the signing of the Agreement on behalf of the European Community. Similar acts are not required under the ECSC and EAEC Treaties; b) as regards the conclusion of the Agreement: – The Council concludes the Agreement on behalf of the European Community, after having received the assent of the European Parliament, by virtue of Article 310 of the Treaty; – The Council approves the Agreement on behalf of the European Atomic Energy Community by virtue of the second paragraph of Article 101 of the EAEC Treaty and the Agreement is then concluded by the Commission; – The Commission concludes the Agreement on behalf of the European Coal and Steel Community, by virtue of Article 95 of the ECSC Treaty, with the unanimous assent of the Council and following consultation of the Consultative Committee. In the light of the above, the Commission proposes: – that the Council decide on the signature of the Stabilisation and Association Agreement between the European Communities and the Republic of Croatia on behalf of the European Community; – that the Council conclude the Stabilisation and Association Agreement between the European Communities and the Republic of Croatia on behalf of the European Community and give its assent and approval for conclusion by ECSC and EURATOM. Ratification by all Member States of the European Union is a prerequisite for the entry into force of the Agreement. 4
Proposal for a COUNCIL DECISION Concerning the signature of the Stabilisation and Association Agreement between the European Communities and its Member States and the Republic of Croatia on behalf of the European Community THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the first sentence of the first sub paragraph of Article 300 (2) thereof, Having regard to the proposal from the Commission 3 , Whereas: (1) The Commission had been authorised by the Council on 20 November 2000 to open negotiations for a Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part; (2) These negotiations have been completed and the Agreement has been initialled on 14 May 2001; (3) The commercial provisions contained in this agreement are of an exceptional nature, connected with the policy implemented within the framework of the stabilisation and association process and will not constitute, for the European Union, any precedent in the commercial policy of the Community with regard to third countries other than those of the Western Balkans; (4) The Agreement should therefore be signed on behalf of the European Community, subject to a possible conclusion at a later stage. HAS DECIDED AS FOLLOWS: 3 OJ C ... 5
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Having completed <strong>the</strong> negotiating process <strong>the</strong> Commission proposes now to <strong>the</strong> Council to<br />
approve <strong>the</strong> results of <strong>the</strong> negotiations <strong>and</strong> to engage <strong>the</strong> procedures aimed at <strong>the</strong> signature<br />
<strong>and</strong> <strong>the</strong> conclusion of this agreement. To this regard <strong>the</strong> Commission presents two proposals,<br />
which constitute <strong>the</strong> legal instruments for <strong>the</strong> signature <strong>and</strong> <strong>the</strong> conclusion of <strong>the</strong> <strong>Stabilisation</strong><br />
<strong>and</strong> <strong>Association</strong> <strong>Agreement</strong> <strong>between</strong> <strong>the</strong> European Communities <strong>and</strong> <strong>the</strong>ir Member States, on<br />
<strong>the</strong> one part, <strong>and</strong> <strong>the</strong> Republic of <strong>Croatia</strong>, on <strong>the</strong> o<strong>the</strong>r part:<br />
(i)<br />
(ii)<br />
Proposal for a Council Decision for <strong>the</strong> signature of <strong>the</strong> <strong>Agreement</strong>;<br />
Proposal for a Council <strong>and</strong> Commission Decision for <strong>the</strong> conclusion of <strong>the</strong><br />
<strong>Agreement</strong>.<br />
The procedures for <strong>the</strong> signature <strong>and</strong> <strong>the</strong> conclusion of <strong>the</strong> <strong>Agreement</strong> are different for <strong>the</strong><br />
three European Communities: (European Community, European Atomic Energy Community<br />
<strong>and</strong> European Coal <strong>and</strong> Steel Community):<br />
a) as regards signature, Article 300.2, first indent, first sentence of <strong>the</strong> EC Treaty<br />
provides for a separate Council Decision concerning <strong>the</strong> signing of <strong>the</strong><br />
<strong>Agreement</strong> on behalf of <strong>the</strong> European Community. Similar acts are not<br />
required under <strong>the</strong> ECSC <strong>and</strong> EAEC Treaties;<br />
b) as regards <strong>the</strong> conclusion of <strong>the</strong> <strong>Agreement</strong>:<br />
– The Council concludes <strong>the</strong> <strong>Agreement</strong> on behalf of <strong>the</strong> European<br />
Community, after having received <strong>the</strong> assent of <strong>the</strong> European Parliament,<br />
by virtue of Article 310 of <strong>the</strong> Treaty;<br />
– The Council approves <strong>the</strong> <strong>Agreement</strong> on behalf of <strong>the</strong> European Atomic<br />
Energy Community by virtue of <strong>the</strong> second paragraph of Article 101 of<br />
<strong>the</strong> EAEC Treaty <strong>and</strong> <strong>the</strong> <strong>Agreement</strong> is <strong>the</strong>n concluded by <strong>the</strong><br />
Commission;<br />
– The Commission concludes <strong>the</strong> <strong>Agreement</strong> on behalf of <strong>the</strong> European<br />
Coal <strong>and</strong> Steel Community, by virtue of Article 95 of <strong>the</strong> ECSC Treaty,<br />
with <strong>the</strong> unanimous assent of <strong>the</strong> Council <strong>and</strong> following consultation of<br />
<strong>the</strong> Consultative Committee.<br />
In <strong>the</strong> light of <strong>the</strong> above, <strong>the</strong> Commission proposes:<br />
– that <strong>the</strong> Council decide on <strong>the</strong> signature of <strong>the</strong> <strong>Stabilisation</strong> <strong>and</strong> <strong>Association</strong><br />
<strong>Agreement</strong> <strong>between</strong> <strong>the</strong> European Communities <strong>and</strong> <strong>the</strong> Republic of <strong>Croatia</strong> on<br />
behalf of <strong>the</strong> European Community;<br />
– that <strong>the</strong> Council conclude <strong>the</strong> <strong>Stabilisation</strong> <strong>and</strong> <strong>Association</strong> <strong>Agreement</strong><br />
<strong>between</strong> <strong>the</strong> European Communities <strong>and</strong> <strong>the</strong> Republic of <strong>Croatia</strong> on behalf of<br />
<strong>the</strong> European Community <strong>and</strong> give its assent <strong>and</strong> approval for conclusion by<br />
ECSC <strong>and</strong> <strong>EU</strong>RATOM.<br />
Ratification by all Member States of <strong>the</strong> European Union is a prerequisite for <strong>the</strong> entry into<br />
force of <strong>the</strong> <strong>Agreement</strong>.<br />
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