Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
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Lead | AFET | ||
Lead | AFET | MARSET CAMPOS Pedro (GUE/NGL) | |
Lead | AFET | PALECKIS Justas Vincas (S&D) | |
Opinion | INTA | ||
Opinion | TRAN |
Legal Basis TFEU 212, TFEU 218-p6a
Activites
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2014/10/20
Committee referral announced in Parliament, 1st reading/single reading
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2009/12/02
Additional information
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2009/10/19
Committee referral announced in Parliament, 1st reading/single reading
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2004/09/16
Committee referral announced in Parliament, 1st reading/single reading
- #2003
- 1997/04/29 Council Meeting
- #1989
- 1997/02/24 Council Meeting
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1995/09/18
Committee referral announced in Parliament, 1st reading/single reading
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1995/07/24
Legislative proposal published
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07804/1995
summary
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. �
- DG External Relations, ASHTON Catherine
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07804/1995
summary
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1995/05/08
Modified legislative proposal published
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COM(1995)0137
summary
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). �
- DG External Relations, ASHTON Catherine
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COM(1995)0137
summary
- #1830
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1995/03/06
Council Meeting
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1995/02/22
Initial legislative proposal published
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COM(1995)0044
summary
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). �
- DG External Relations, ASHTON Catherine
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COM(1995)0044
summary
Documents
- Initial legislative proposal published: COM(1995)0044
- Modified legislative proposal published: COM(1995)0137
- Legislative proposal published: 07804/1995
- Debate in Council: 1989
- Debate in Council: 2003
History
(these mark the time of scraping, not the official date of the change)
activities/0/docs/0/celexid |
CELEX:51995PC0044:EN
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activities/2/docs/0/celexid |
CELEX:51995PC0137(02):EN
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activities/0/docs/0/celexid |
CELEX:51995PC0044:EN
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activities/2/docs/0/celexid |
CELEX:51995PC0137(02):EN
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