Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
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Lead | ITRE | REUL Herbert ( PPE) | |
Former Responsible Committee | ITRE | ||
Former Responsible Committee | ITRE | REUL Herbert ( PPE) | |
Committee Opinion | AFET | ||
Committee Opinion | BUDG | ||
Former Committee Opinion | BUDG | ||
Former Committee Opinion | AFET | ||
Former Committee Opinion | AFET | ||
Former Committee Opinion | BUDG |
Lead committee dossier:
Legal Basis:
TFEU 186-p2, TFEU 218-p6a
Legal Basis:
TFEU 186-p2, TFEU 218-p6aEvents
PURPOSE: the renewal for a further five years of the Agreement for scientific and technological cooperation between the European Community and Ukraine.
NON-LEGISLATIVE ACT: Council Decision 2011/182/EU concerning the renewal of the Agreement for scientific and technological cooperation between the European Community and Ukraine.
CONTENT: by means of this Decision, the Council approves on behalf of the European Union the renewal of the scientific and technological cooperation Agreement between the European Community and Ukraine for a further five years.
The scientific and technological cooperation agreement between the European Community and Ukraine was signed in Copenhagen on 4 July 2002 and entered into force on 11 February 2003. Article 12 (b) of that Agreement stipulates: “This Agreement shall be concluded for an initial period ending 31 December 2002 and will be renewable between the parties for additional periods of five years”.
By Council Decision 2003/737/EC , the Agreement was renewed a first time for an additional period of five years, from 8 November 2004. The Agreement expired on 7 November 2009.
Given that it is in the interest of the Parties to renew the Agreement a second time in order to continue and encourage cooperation with Ukraine in the joint priority areas in the scientific and technological fields, the Parties decided, following negotiations held in Kyiv, on 26-27 November 2008 to renew this Agreement for a further period of five years. The material content of the renewed Agreement is identical to that of the Agreement that expired on 7 November 2009.
It should be noted that this Agreement is concluded “on behalf of the European Union” this time and not “on behalf of the European Community”, as a result of the entry into force of the Lisbon Treaty on 1 December 2009 whereby the European Union substitutes for and succeeds the European Community.
ENTRY INTO FORCE: the Decision will enter into force on 9 March 2011. The date of entry into force of the Agreement will be published in the EU’s Official Journal.
The European Parliament adopted a legislative resolution in which it gives its consent to the renewal of the Agreement for Scientific and Technological Cooperation between the European Community and Ukraine.
Parliament was re-consulted on this draft decision.
The Committee on Industry, Research and Energy adopted, under the simplified procedure, the report drafted by Herbert REUL (EPP, DE) recommending that the European Parliament gives its consent to the renewal of the Agreement for Scientific and Technological Cooperation between the European Community and Ukraine.
This is a reconsultation on the Council Decision concerning the renewal of the Agreement for scientific and technological cooperation between the European Community and Ukraine.
By Decision 2003/96/EC , the Council approved the conclusion of the Agreement for scientific and technological cooperation between the EC and Ukraine. The Agreement provided that it would be concluded for an initial period ending on 31 December 2002 and would be renewable by common agreement between the Parties for additional periods of five years.
By a Decision of 22 September 2003 which entered into force on 8 November 2004, the Council approved the renewal of the Agreement for a further period of five years.
Subsequently, at the third meeting of the EU-Ukraine Sub-Committee N° 7, held in November 2008 in Kyiv, both Parties confirmed their interest in a renewal of the abovementioned Agreement for a further five years.
The material content of the renewed Agreement is identical with the material content of the Agreement which expired on 7 November 2009. As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.
This draft Decision proposes the approval of the renewal of the Agreement for scientific and technological cooperation between the EC and Ukraine should be approved on behalf of the Union. A European Parliament should be reconsulted as a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009. From this date, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to "the European Community" in the text of the Agreement are, where appropriate, to be read as "the European Union".
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 Decision concerning the renewal of the Agreement for scientific and technological cooperation between the European Community and Ukraine, the entry into force of the Lisbon Treaty had the following impacts :
· the old legal basis - Treaty/EC/Art.170 2nd para, Art.300(2) first para and (3) first para.- became Art. 186 2nd para, Art 218 (6)(b) of the TFEU. Please note that the numbering of the old legal basis corresponds to the consolidated version of the Treaty that was 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 consultation procedure (CNS), was classified as an interinstitutional non-legislative procedure (NLE).
The European Parliament adopted by 586 votes to 18, with 6 abstentions, a legislative resolution approving unamended, under the consultation procedure, the proposal for a Council decision concerning the renewal of the Agreement for scientific and technological cooperation between the European Community and Ukraine.
The Committee on Industry, Research and Energy adopted the report drawn up by Herbert REUL (EPP, DE) approving unamended, under the consultation procedure, the proposal for a Council decision concerning the renewal of the Agreement for scientific and technological cooperation between the European Community and Ukraine.
PURPOSE: to renew the Agreement for scientific and technological cooperation between the European Community and Ukraine for an additional five years.
PROPOSED ACT: Council Decision.
CONTENT: the Agreement on cooperation in science and technology between the European Community and Ukraine was signed in Copenhagen on 4 July 2002 and entered into force on 11 February 2003. Article 12 (b) of the Agreement provides as follows: "This Agreement shall be concluded for an initial period ending on 31 December 2002 and will be renewable by common agreement between the Parties for additional periods of five years".
By Council Decision 2003/737/EC , the Agreement was renewed for a further period of five years which entered into force on 8 November, 2004. The Agreement is due to expire on 7 November, 2009.
Given that it is in the interest of the Community to renew this Agreement in order to continue to facilitate cooperation with Ukraine in common science and technological priority, it is proposed to approve the renewal of the Agreement under the same conditions as the last agreement.
The material content of the renewed Agreement will be identical to the material content of the current Agreement.
In the light of the above considerations, the Commission requests the Council to approve, on behalf of the Community, after consulting the European Parliament, the renewal of the Agreement and expresses the consent of the Community to be bound by the Agreement's provisions.
Documents
- Final act published in Official Journal: Decision 2011/182
- Final act published in Official Journal: OJ L 079 25.03.2011, p. 0003
- Decision by Parliament, 1st reading/single reading: T7-0412/2010
- Committee final report tabled for plenary, reconsultation: A7-0306/2010
- Committee report tabled for plenary, reconsultation: A7-0306/2010
- Committee draft report: PE450.616
- Amended legislative proposal for reconsultation published: 11364/2010
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0095/2009
- Committee report tabled for plenary, 1st reading/single reading: A7-0074/2009
- Committee report tabled for plenary, 1st reading/single reading: A7-0074/2009
- Committee draft report: PE430.650
- Legislative proposal published: COM(2009)0182
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: 09317/2002
- Document attached to the procedure: 09317/2002
- Committee draft report: PE430.650
- Committee report tabled for plenary, 1st reading/single reading: A7-0074/2009
- Committee draft report: PE450.616
- Committee final report tabled for plenary, reconsultation: A7-0306/2010
Activities
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