BETA


1995/0057(NLE) EU/Belarus agreement: partnership and cooperation agreement

Progress: Awaiting committee decision

RoleCommitteeRapporteurShadows
Lead AFET
Former Responsible Committee AFET MARSET CAMPOS Pedro (icon: GUE/NGL GUE/NGL)
Former Responsible Committee AFET
Former Responsible Committee AFET
Former Responsible Committee AFET
Committee Opinion INTA
Committee Opinion TRAN
Former Committee Opinion INTA
Former Committee Opinion INTA
Former Committee Opinion TRAN
Former Committee Opinion TRAN DE GRANDES PASCUAL Luis (icon: PPE PPE)
Former Committee Opinion INTA
Former Committee Opinion TRAN
Lead committee dossier:
Legal Basis:
TFEU 212, TFEU 218-p6a

Events

2017/06/20
   EP - Former Committee Opinion
2014/10/20
   EP - Committee referral announced in Parliament, 1st reading/single reading
2009/12/02
   all - Additional information
Details

The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure .

The Lisbon Treaty also introduced new concepts of decision-making procedure . The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

In the case of the proposal for a Council and Commission Decision on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States of the one part, and the Republic of Belarus, of the other part, the entry into force of the Lisbon Treaty had the following impacts :

· the old legal basis – Treaty/EC/Art.181a; Treaty/EC/Art.300(2) 2nd sentence; Treaty/EC/Art.300(3) 2nd para; Treaty/EC/Art.44(1); Treaty/EC/Art.57(2); Treaty/EC/Art.80(2); Treaty/EC/Art.133; Treaty/EURATOM/Art.101 2nd para; Treaty/EC/Art.71; Treaty/EC/Art.47(2) 1st sentence – became Art. 212, Art. 218(6)(a), Art. 50(1), Art. 64(2), Art. 100(2), Art. 207, Art. 91, Art. 53(1) of the TFEU. Please note that the numbering of the old legal bases corresponds to the consolidated versions of the Treaties that were applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal ;

· the proposal, which had previously fallen under the old assent procedure (AVC), was classified as an interinstitutional non-legislative procedure (NLE).

2009/10/19
   EP - Committee referral announced in Parliament, 1st reading/single reading
2004/09/16
   EP - Committee referral announced in Parliament, 1st reading/single reading
1999/09/23
   EP - Former Responsible Committee
1997/04/29
   CSL - Debate in Council
Documents
1997/04/29
   CSL - Council Meeting
1997/02/24
   CSL - Debate in Council
Documents
1997/02/24
   CSL - Council Meeting
1995/09/18
   EP - Committee referral announced in Parliament, 1st reading/single reading
1995/08/24
   CSL - Supplementary legislative basic document
Documents
1995/07/24
   EC - Legislative proposal published
Documents
1995/05/08
   EC - Modified legislative proposal published
1995/03/06
   CSL - Council Meeting
1995/02/28
   CSL - Document attached to the procedure
Documents
1995/02/22
   EC - Initial legislative proposal published

Documents

  • Debate in Council: 2003
  • Debate in Council: 1989
  • Supplementary legislative basic document: N4-0359/1995
  • Legislative proposal published: 07804/1995
  • Modified legislative proposal published: EUR-Lex
  • Modified legislative proposal published: COM(1995)0137
  • Document attached to the procedure: 04890/1995
  • Initial legislative proposal published: EUR-Lex
  • Initial legislative proposal published: COM(1995)0044
  • Document attached to the procedure: 04890/1995
  • Supplementary legislative basic document: N4-0359/1995

History

(these mark the time of scraping, not the official date of the change)

committees/9/date/0
2017-06-20T00:00:00
committees/9/rapporteur
  • name
    DE GRANDES PASCUAL Luis
    group
    European People's Party (Christian Democrats)
    abbr
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committees/10/date/0
2017-06-20T00:00:00
committees/10/rapporteur
  • name
    DE GRANDES PASCUAL Luis
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    European People's Party (Christian Democrats)
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activities
  • date
    1995-02-22T00:00:00
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      text
      • This proposal for a decision aimed to enable the conclusion of a partnership and cooperation agreement between the Community and its Member States and Belarus. It was a mixed agreement covering areas of Community and national responsibility. It was concluded for an initial period of 10 years. It established political dialogue. It also contained provisions concerning trade in goods, conditions relating to employment, establishment and the activities of companies, the cross-border provision of services, payments and capital, competition, the protection of intellectual, industrial and commercial property, legislative cooperation, economic and financial cooperation and cultural cooperation. The agreement included a conditionality clause on human rights, permitting the suspension of the agreement, even on a unilateral basis, in cases of violation of its key elements, including respect for democratic principles and human rights and the principles of the market economy. The provisions relating to customs cooperation would be the subject of a separate protocol. The agreement would be managed via a three-fold structure: a cooperation council, a cooperation committee and a parliamentary cooperation committee; This agreement was drawn up in the context of the future creation of a free trade area. In 1998, the Council would assess the situation to determine whether or not the negotiations on such an area could begin. This agreement replaced the economic and trade cooperation agreement concluded between the Community and the USSR in 1989 with regard to the precise interests of Belarus. It was concluded by the Council on behalf of the Community and with the agreement of the European Parliament (in accordance with Article 228(2) and (3), second paragraph, of the TEU, which provided for the consent of the European Parliament). �
      title
      COM(1995)0044
      type
      Initial legislative proposal published
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      CELEX:51995PC0044:EN
    body
    EC
    commission
    • DG
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      Commissioner
      ASHTON Catherine
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    Initial legislative proposal published
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    1995-03-06T00:00:00
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      text
      • Given the Court of Justice's opinion 1/94 of 15 November 1994 on the European Community's competence to conclude the agreements resulting from the Uruguay Round, the procedure envisaged for the present agreement had proven to be inappropriate. Similarly, the provisional application of the Energy Charter (signed on 17 December 1994) required that the legal basis of the agreement be changed whilst respecting the differences between the contents of the partnership and cooperation agreement and the Charter. The legal bases to added further to Articles 113 and 235 of the EC Treaty and Article 101 of the ECSC Treaty initially envisaged (in conjunction with Article 228), were the following: - Article 54(2) and the last sentence of Article 57(2), as with the Energy Charter: the requirements set out in the agreements relating to establishment affected the rules adopted by the Communities on issues relating to the stock exchange and accounting as well as banking and insurance matters; - Article 73c(2) of the EC Treaty, as with the Charter: the requirements set out in the agreement relating to the free movement of capital and payments have concerned the Community since the entry into force of the second stage of EMU; - Articles 75 and 84(2) of the EC Treaty: contrary to the Charter, the agreement would have a certain impact on Community transport regulations (primarily in the maritime sector). According to the Commission, it was not necessary to add any other legal bases, particularly since Article 235 more or less supported the economic cooperation provided for in the agreement. It was not a question of purely extending significantly the provisions in the 1989 agreement. Community competence was not exclusive; rather it should operate in tandem with that of the Member States. The Court's reflections as to the conditions in which exclusive competence could be based on Article 235 through the application of the AETR case law were thus not relevant in this case. Furthermore, the ECSC Consultative Committee had been consulted with regard to the conclusion of the partnership agreement with Belarus (on 31 March 1995). �
      title
      COM(1995)0137
      type
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      text
      • In a letter addressed to the President of the European Parliament dated 24 July 1995 the Council forwarded to Parliament the draft decision concluding the agreement, while at the same time bringing to its attention that doubts still remained as to the inclusion of certain articles in the legal basis of the agreement. The Council reserved the right to determine the appropriate legal basis in a definitive manner at some later stage and undertook to inform Parliament of this in good time. Nevertheless, it was sending the text of the agreement to Parliament in order that the latter might carry out its work. As the wording stood at present, the legal basis of the agreement was as follows: - Article 95 of the ECSC Treaty; - Articles 54 (second paragraph) and 57 (second paragraph) of the EC Treaty (final sentence); - Articles 66, 73c (second paragraph) of the EC Treaty; - Articles 75 and 84 (second paragraph) of the EC Treaty; - Articles 99, 100, 100a, 113 and 235, in conjunction with Article 228 (second and third paragraphs, second line), of the EC Treaty; - Article 101 of the EURATOM Treaty. �
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    text
    • The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

      These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

      In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure.

      The Lisbon Treaty also introduced new concepts of decision-making procedure. The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

      The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

      In the case of the proposal for a Council and Commission Decision on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States of the one part, and the Republic of Belarus, of the other part, the entry into force of the Lisbon Treaty had the following impacts:

      ·        the old legal basis – Treaty/EC/Art.181a; Treaty/EC/Art.300(2) 2nd sentence; Treaty/EC/Art.300(3) 2nd para; Treaty/EC/Art.44(1); Treaty/EC/Art.57(2); Treaty/EC/Art.80(2); Treaty/EC/Art.133; Treaty/EURATOM/Art.101 2nd para; Treaty/EC/Art.71; Treaty/EC/Art.47(2) 1st sentence – became Art. 212, Art. 218(6)(a), Art. 50(1), Art. 64(2), Art. 100(2), Art. 207, Art. 91, Art. 53(1) of the TFEU. Please note that the numbering of the old legal bases corresponds to the consolidated versions of the Treaties that were applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal;

      ·        the proposal, which had previously fallen under the old assent procedure (AVC), was classified as an interinstitutional non-legislative procedure (NLE).

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                                  text
                                  • This proposal for a decision aimed to enable the conclusion of a partnership and cooperation agreement between the Community and its Member States and Belarus. It was a mixed agreement covering areas of Community and national responsibility. It was concluded for an initial period of 10 years. It established political dialogue. It also contained provisions concerning trade in goods, conditions relating to employment, establishment and the activities of companies, the cross-border provision of services, payments and capital, competition, the protection of intellectual, industrial and commercial property, legislative cooperation, economic and financial cooperation and cultural cooperation. The agreement included a conditionality clause on human rights, permitting the suspension of the agreement, even on a unilateral basis, in cases of violation of its key elements, including respect for democratic principles and human rights and the principles of the market economy. The provisions relating to customs cooperation would be the subject of a separate protocol. The agreement would be managed via a three-fold structure: a cooperation council, a cooperation committee and a parliamentary cooperation committee; This agreement was drawn up in the context of the future creation of a free trade area. In 1998, the Council would assess the situation to determine whether or not the negotiations on such an area could begin. This agreement replaced the economic and trade cooperation agreement concluded between the Community and the USSR in 1989 with regard to the precise interests of Belarus. It was concluded by the Council on behalf of the Community and with the agreement of the European Parliament (in accordance with Article 228(2) and (3), second paragraph, of the TEU, which provided for the consent of the European Parliament). �
                                  title
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                                  http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=1995&nu_doc=137
                                  text
                                  • Given the Court of Justice's opinion 1/94 of 15 November 1994 on the European Community's competence to conclude the agreements resulting from the Uruguay Round, the procedure envisaged for the present agreement had proven to be inappropriate. Similarly, the provisional application of the Energy Charter (signed on 17 December 1994) required that the legal basis of the agreement be changed whilst respecting the differences between the contents of the partnership and cooperation agreement and the Charter. The legal bases to added further to Articles 113 and 235 of the EC Treaty and Article 101 of the ECSC Treaty initially envisaged (in conjunction with Article 228), were the following: - Article 54(2) and the last sentence of Article 57(2), as with the Energy Charter: the requirements set out in the agreements relating to establishment affected the rules adopted by the Communities on issues relating to the stock exchange and accounting as well as banking and insurance matters; - Article 73c(2) of the EC Treaty, as with the Charter: the requirements set out in the agreement relating to the free movement of capital and payments have concerned the Community since the entry into force of the second stage of EMU; - Articles 75 and 84(2) of the EC Treaty: contrary to the Charter, the agreement would have a certain impact on Community transport regulations (primarily in the maritime sector). According to the Commission, it was not necessary to add any other legal bases, particularly since Article 235 more or less supported the economic cooperation provided for in the agreement. It was not a question of purely extending significantly the provisions in the 1989 agreement. Community competence was not exclusive; rather it should operate in tandem with that of the Member States. The Court's reflections as to the conditions in which exclusive competence could be based on Article 235 through the application of the AETR case law were thus not relevant in this case. Furthermore, the ECSC Consultative Committee had been consulted with regard to the conclusion of the partnership agreement with Belarus (on 31 March 1995). �
                                  title
                                  COM(1995)0137
                                  type
                                  Modified legislative proposal published
                                  celexid
                                  CELEX:51995PC0137(02):EN
                                body
                                EC
                                commission
                                • DG
                                  External Relations
                                  Commissioner
                                  ASHTON Catherine
                                type
                                Modified legislative proposal published
                              • date
                                1995-07-24T00:00:00
                                docs
                                • url
                                  http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=7804%2F95&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC
                                  text
                                  • In a letter addressed to the President of the European Parliament dated 24 July 1995 the Council forwarded to Parliament the draft decision concluding the agreement, while at the same time bringing to its attention that doubts still remained as to the inclusion of certain articles in the legal basis of the agreement. The Council reserved the right to determine the appropriate legal basis in a definitive manner at some later stage and undertook to inform Parliament of this in good time. Nevertheless, it was sending the text of the agreement to Parliament in order that the latter might carry out its work. As the wording stood at present, the legal basis of the agreement was as follows: - Article 95 of the ECSC Treaty; - Articles 54 (second paragraph) and 57 (second paragraph) of the EC Treaty (final sentence); - Articles 66, 73c (second paragraph) of the EC Treaty; - Articles 75 and 84 (second paragraph) of the EC Treaty; - Articles 99, 100, 100a, 113 and 235, in conjunction with Article 228 (second and third paragraphs, second line), of the EC Treaty; - Article 101 of the EURATOM Treaty. �
                                  type
                                  Legislative proposal published
                                  title
                                  07804/1995
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                                EC
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                                • DG
                                  External Relations
                                  Commissioner
                                  ASHTON Catherine
                                type
                                Legislative proposal published
                              • date
                                1995-09-18T00:00:00
                                body
                                EP
                                type
                                Committee referral announced in Parliament, 1st reading/single reading
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                                  http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=1989*&MEET_DATE=24/02/1997
                                  type
                                  Debate in Council
                                  title
                                  1989
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                                General Affairs
                                date
                                1997-02-24T00:00:00
                                type
                                Council Meeting
                              • body
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                                meeting_id
                                2003
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                                • url
                                  http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2003*&MEET_DATE=29/04/1997
                                  type
                                  Debate in Council
                                  title
                                  2003
                                council
                                General Affairs
                                date
                                1997-04-29T00:00:00
                                type
                                Council Meeting
                              • date
                                2004-09-16T00:00:00
                                body
                                EP
                                type
                                Committee referral announced in Parliament, 1st reading/single reading
                                committees
                              • date
                                2009-10-19T00:00:00
                                body
                                EP
                                type
                                Committee referral announced in Parliament, 1st reading/single reading
                                committees
                              • date
                                2009-12-02T00:00:00
                                text
                                • The Lisbon Treaty, which entered into force on 1 December 2009, amended the EU's two core treaties, the Treaty on European Union (TEU) and the Treaty establishing the European Community (EC Treaty). The latter was renamed the Treaty on the Functioning of the European Union (TFEU).

                                  These changes had various consequences for many ongoing procedures. First of all, the articles of the TEU and of the old EC Treaty that constitute the legal basis of all the proposals founded on those Treaties were renumbered in accordance with the table of equivalences mentioned in Article 5 of the Lisbon Treaty.

                                  In addition, some proposals underwent a change to their legal basis going beyond a mere change to their numbering, and this resulted in changes to the type of procedure.

                                  The Lisbon Treaty also introduced new concepts of decision-making procedure. The old "codecision procedure" was extended to new areas and renamed the "ordinary legislative procedure". A new "consent procedure" replaced the old "assent procedure". New interinstitutional procedures were also set up for the adoption of certain non-legislative acts, for example the conclusion of some international agreements.

                                  The ongoing proposals concerned by these changes were formally modified by the Commission in a Communication published on 2 December 2009 (COM(2009)0665).

                                  In the case of the proposal for a Council and Commission Decision on the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States of the one part, and the Republic of Belarus, of the other part, the entry into force of the Lisbon Treaty had the following impacts:

                                  ·        the old legal basis – Treaty/EC/Art.181a; Treaty/EC/Art.300(2) 2nd sentence; Treaty/EC/Art.300(3) 2nd para; Treaty/EC/Art.44(1); Treaty/EC/Art.57(2); Treaty/EC/Art.80(2); Treaty/EC/Art.133; Treaty/EURATOM/Art.101 2nd para; Treaty/EC/Art.71; Treaty/EC/Art.47(2) 1st sentence – became Art. 212, Art. 218(6)(a), Art. 50(1), Art. 64(2), Art. 100(2), Art. 207, Art. 91, Art. 53(1) of the TFEU. Please note that the numbering of the old legal bases corresponds to the consolidated versions of the Treaties that were applicable immediately before the entry into force of the Lisbon Treaty, and may differ from the references in the original Commission proposal;

                                  ·        the proposal, which had previously fallen under the old assent procedure (AVC), was classified as an interinstitutional non-legislative procedure (NLE).

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                                all
                                type
                                Additional information
                              • date
                                2014-10-20T00:00:00
                                body
                                EP
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                                Committee referral announced in Parliament, 1st reading/single reading
                                committees
                              committees
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                                EP
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                                Foreign Affairs
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                                EP
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                                True
                                committee
                                AFET
                                date
                                1999-09-23T00:00:00
                                committee_full
                                Foreign Affairs, Security and Defense Policy
                                rapporteur
                                • group
                                  GUE/NGL
                                  name
                                  MARSET CAMPOS Pedro
                              • body
                                EP
                                responsible
                                True
                                committee
                                AFET
                                date
                                2009-09-16T00:00:00
                                committee_full
                                Foreign Affairs
                                rapporteur
                                • group
                                  S&D
                                  name
                                  PALECKIS Justas Vincas
                              • body
                                EP
                                responsible
                                False
                                committee_full
                                International Trade
                                committee
                                INTA
                              • body
                                EP
                                responsible
                                False
                                committee_full
                                Transport and Tourism
                                committee
                                TRAN
                              links
                              other
                              • body
                                CSL
                                type
                                Council Meeting
                                council
                                Former Council configuration
                              • body
                                EC
                                dg
                                External Relations
                                commissioner
                                ASHTON Catherine
                              procedure
                              dossier_of_the_committee
                              AFET/4/06946;AFET/8/00004
                              geographical_area
                              • Belarus
                              reference
                              1995/0057(NLE)
                              subtype
                              Consent by Parliament
                              legal_basis
                              stage_reached
                              Awaiting committee decision
                              instrument
                              Decision
                              title
                              EU/Belarus agreement: partnership and cooperation agreement
                              type
                              NLE - Non-legislative enactments
                              subject
                              • 6.40.04 Relations with the Commonwealth of Independent States (CIS)