BETA


2013/0273(NLE) EC/San Marino Cooperation and Customs Union Agreement: participation of Croatia following its accession to the EU. Protocol

Progress: Awaiting committee decision

RoleCommitteeRapporteurShadows
Lead INTA
Former Responsible Committee INTA
Former Responsible Committee INTA LANGE Bernd (icon: S&D S&D)
Committee Opinion AFET
Former Committee Opinion AFET
Former Committee Opinion AFET
Committee Legal Basis Opinion JURI
Former Committee Legal Basis Opinion JURI
Former Committee Legal Basis Opinion JURI
Lead committee dossier:
Legal Basis:
TFEU 079-p2, TFEU 207, TFEU 212, TFEU 218-p6a, TFEU 218-p8-a2, TFEU 352-p1sub1

Events

2015/04/21
   EC - Modified legislative proposal published
Details

The Commission proposed an amended proposal for a Council Decision seeking to conclude a Protocol of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding Croatia's participation in this Agreement.

This amended proposal seeks mainly to take account of the accession of Croatia to the European Union on 1 July 2013 .

Background to the proposal : on 14 September 2012, the Council authorised the Commission to negotiate the adaptation, through a Protocol, of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding Croatia's participation as a contracting party, in view of the enlargement of the Union to include the latter Croatia as a contracting party in view of its accession to the EU.

Meanwhile, Croatia became a member of the European Union and legal changes have proved necessary to take account of this accession. Thus, the Council adopted the Decision on the signature of the Protocol on 7 October 2013. The Protocol was duly signed on 29 October 2013 and on 2 August 2013, it was forwarded to the European Parliament for its consent.

On 23 April 2014, the President of the European Parliament wrote to the President-in-Office of the Council requesting a revision of the legal basis for the Council Decision .

Modification of the legal basis : the legal basis in the Commission’s original proposal for a Council Decision on the conclusion of the Protocol was Articles 207 and 352, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8), of the TFEU. The European Parliament concluded that Article 212 TFEU , rather than Article 352, was the appropriate substantive legal basis, as it relates specifically to the economic cooperation with third countries other than developing countries. Accordingly, the Parliament asked the Council to revise the legal basis in its Decision.

The proposal has been amended in line with the Parliament’s request.

The Commission agrees with the Parliament that Article 207 TFEU is the appropriate substantive legal basis for Title I of the Agreement, on ‘Customs union’, and that Article 212 TFEU is the appropriate substantive legal basis for Title II, on ‘Cooperation’.

However, the Agreement also has a Title III on ‘Social provisions’. The Commission considers that the appropriate substantive legal basis for Title III is Article 79(2)(b) TFEU, on the rights of third country nationals under the Union’s immigration policy , as there is no agreement between the EU and San Marino providing for the free movement of their nationals.

In this respect, Denmark, Ireland and the United Kingdom are bound vis-à-vis San Marino by the provisions of the Agreement, including Title III. As a consequence, Ireland and the United Kingdom should take part in the adoption of the present Decision. Denmark, Ireland and the United Kingdom are in any event to remain bound vis-à-vis San Marino on the basis of the Agreement, as extended through the Protocol to Croatia.

The remainder of the proposal is identical to the initial proposal ( please refer to the summary of the Commission’s initial legislative proposal dated 02/08/2013 ).

2014/10/20
   EP - Committee referral announced in Parliament, 1st reading/single reading
2014/07/22
   EP - Former Responsible Committee
2013/12/09
   EP - Committee referral announced in Parliament, 1st reading/single reading
2013/10/25
   EC - Legislative proposal published
Details

PURPOSE: to conclude a Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, of 16 December 1991, entered into force on 1 April 2002.

On 14 September 2012, the Council authorised the Commission to open negotiations for the adaptation, through the negotiation of a Protocol, of the Agreement regarding Croatia's participation as a contracting party, in view of its accession to the European Union on 1 July 2013.

It is now necessary to conclude the Protocol on behalf of the European Union.

CONTENT: this proposed Decision calls on the Council to conclude, on behalf of the European Union, the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

For details as regards other essential elements to this Agreement, please refer to the summary of the Commission’s initial legislative proposal dated 02/08/2013 .

The Protocol shall apply on a provisional basis from 1 July 2013, date of accession of Croatia to the EU.

Documents
2013/10/07
   CSL - Council Meeting
2013/09/24
   CSL - Document attached to the procedure
Documents
2013/08/02
   EC - Initial legislative proposal published
Details

PURPOSE: to conclude a Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, of 16 December 1991, entered into force on 1 April 2002.

On 14 September 2012, the Council authorised the Commission to negotiate the adaptation, through a Protocol, of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding Croatia's participation as a contracting party, in view of the enlargement of the Union to include Croatia as of 1 July 2013.

The proposal consists of a draft Council Decision on the conclusion of the said Protocol.

IMPACT ASSESSMENT: no impact assessment was undertaken.

LEGAL BASIS: Article 207 and Article 352, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: under this proposal, the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding Croatia's participation, as a contracting party, following its accession to the European Union, is hereby approved on behalf of the European Union and its Member States.

The text of the Protocol is attached to this Decision.

BUDGETARY IMPLICATION: this proposal has no implications for the EU budget.

Documents

History

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

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      text
      • PURPOSE: to conclude a Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

        PROPOSED ACT: Council Decision.

        ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

        BACKGROUND: the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, of 16 December 1991, entered into force on 1 April 2002.

        On 14 September 2012, the Council authorised the Commission to negotiate the adaptation, through a Protocol, of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding Croatia's participation as a contracting party, in view of the enlargement of the Union to include Croatia as of 1 July 2013.

        The proposal consists of a draft Council Decision on the conclusion of the said Protocol.

        IMPACT ASSESSMENT: no impact assessment was undertaken.

        LEGAL BASIS: Article 207 and Article 352, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

        CONTENT: under this proposal, the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding Croatia's participation, as a contracting party, following its accession to the European Union, is hereby approved on behalf of the European Union and its Member States.

        The text of the Protocol is attached to this Decision.

        BUDGETARY IMPLICATION: this proposal has no implications for the EU budget.

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        • PURPOSE: to conclude a Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

          PROPOSED ACT: Council Decision.

          ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

          BACKGROUND: the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, of 16 December 1991, entered into force on 1 April 2002.

          On 14 September 2012, the Council authorised the Commission to open negotiations for the adaptation, through the negotiation of a Protocol, of the Agreement regarding Croatia's participation as a contracting party, in view of its accession to the European Union on 1 July 2013.

          It is now necessary to conclude the Protocol on behalf of the European Union.

          CONTENT: this proposed Decision calls on the Council to conclude, on behalf of the European Union, the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

          For details as regards other essential elements to this Agreement, please refer to the summary of the Commission’s initial legislative proposal dated 02/08/2013.

          The Protocol shall apply on a provisional basis from 1 July 2013, date of accession of Croatia to the EU.

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          text
          • The Commission proposed an amended proposal for a Council Decision seeking to conclude a Protocol of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding Croatia's participation in this Agreement.

            This amended proposal seeks mainly to take account of the accession of Croatia to the European Union on 1 July 2013.

            Background to the proposal: on 14 September 2012, the Council authorised the Commission to negotiate the adaptation, through a Protocol, of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding Croatia's participation as a contracting party, in view of the enlargement of the Union to include the latter Croatia as a contracting party in view of its accession to the EU.

            Meanwhile, Croatia became a member of the European Union and legal changes have proved necessary to take account of this accession. Thus, the Council adopted the Decision on the signature of the Protocol on 7 October 2013. The Protocol was duly signed on 29 October 2013 and on 2 August 2013, it was forwarded to the European Parliament for its consent.

            On 23 April 2014, the President of the European Parliament wrote to the President-in-Office of the Council requesting a revision of the legal basis for the Council Decision.

            Modification of the legal basis: the legal basis in the Commission’s original proposal for a Council Decision on the conclusion of the Protocol was Articles 207 and 352, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8), of the TFEU. The European Parliament concluded that Article 212 TFEU, rather than Article 352, was the appropriate substantive legal basis, as it relates specifically to the economic cooperation with third countries other than developing countries. Accordingly, the Parliament asked the Council to revise the legal basis in its Decision.

            The proposal has been amended in line with the Parliament’s request.

            The Commission agrees with the Parliament that Article 207 TFEU is the appropriate substantive legal basis for Title I of the Agreement, on ‘Customs union’, and that Article 212 TFEU is the appropriate substantive legal basis for Title II, on ‘Cooperation’.

            However, the Agreement also has a Title III on ‘Social provisions’. The Commission considers that the appropriate substantive legal basis for Title III is Article 79(2)(b) TFEU, on the rights of third country nationals under the Union’s immigration policy, as there is no agreement between the EU and San Marino providing for the free movement of their nationals.

            In this respect, Denmark, Ireland and the United Kingdom are bound vis-à-vis San Marino by the provisions of the Agreement, including Title III. As a consequence, Ireland and the United Kingdom should take part in the adoption of the present Decision. Denmark, Ireland and the United Kingdom are in any event to remain bound vis-à-vis San Marino on the basis of the Agreement, as extended through the Protocol to Croatia.

            The remainder of the proposal is identical to the initial proposal (please refer to the summary of the Commission’s initial legislative proposal dated 02/08/2013).

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                        text
                        • PURPOSE: to conclude a Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

                          PROPOSED ACT: Council Decision.

                          ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

                          BACKGROUND: the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, of 16 December 1991, entered into force on 1 April 2002.

                          On 14 September 2012, the Council authorised the Commission to negotiate the adaptation, through a Protocol, of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding Croatia's participation as a contracting party, in view of the enlargement of the Union to include Croatia as of 1 July 2013.

                          The proposal consists of a draft Council Decision on the conclusion of the said Protocol.

                          IMPACT ASSESSMENT: no impact assessment was undertaken.

                          LEGAL BASIS: Article 207 and Article 352, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

                          CONTENT: under this proposal, the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding Croatia's participation, as a contracting party, following its accession to the European Union, is hereby approved on behalf of the European Union and its Member States.

                          The text of the Protocol is attached to this Decision.

                          BUDGETARY IMPLICATION: this proposal has no implications for the EU budget.

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                            text
                            • PURPOSE: to conclude a Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

                              PROPOSED ACT: Council Decision.

                              ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

                              BACKGROUND: the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, of 16 December 1991, entered into force on 1 April 2002.

                              On 14 September 2012, the Council authorised the Commission to negotiate the adaptation, through a Protocol, of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding Croatia's participation as a contracting party, in view of the enlargement of the Union to include Croatia as of 1 July 2013.

                              The proposal consists of a draft Council Decision on the conclusion of the said Protocol.

                              IMPACT ASSESSMENT: no impact assessment was undertaken.

                              LEGAL BASIS: Article 207 and Article 352, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

                              CONTENT: under this proposal, the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding Croatia's participation, as a contracting party, following its accession to the European Union, is hereby approved on behalf of the European Union and its Member States.

                              The text of the Protocol is attached to this Decision.

                              BUDGETARY IMPLICATION: this proposal has no implications for the EU budget.

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                          • The Commission proposed an amended proposal for a Council Decision seeking to conclude a Protocol of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding Croatia's participation in this Agreement.

                            This amended proposal seeks mainly to take account of the accession of Croatia to the European Union on 1 July 2013.

                            Background to the proposal: on 14 September 2012, the Council authorised the Commission to negotiate the adaptation, through a Protocol, of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding Croatia's participation as a contracting party, in view of the enlargement of the Union to include the latter Croatia as a contracting party in view of its accession to the EU.

                            Meanwhile, Croatia became a member of the European Union and legal changes have proved necessary to take account of this accession. Thus, the Council adopted the Decision on the signature of the Protocol on 7 October 2013. The Protocol was duly signed on 29 October 2013 and on 2 August 2013, it was forwarded to the European Parliament for its consent.

                            On 23 April 2014, the President of the European Parliament wrote to the President-in-Office of the Council requesting a revision of the legal basis for the Council Decision.

                            Modification of the legal basis: the legal basis in the Commission’s original proposal for a Council Decision on the conclusion of the Protocol was Articles 207 and 352, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8), of the TFEU. The European Parliament concluded that Article 212 TFEU, rather than Article 352, was the appropriate substantive legal basis, as it relates specifically to the economic cooperation with third countries other than developing countries. Accordingly, the Parliament asked the Council to revise the legal basis in its Decision.

                            The proposal has been amended in line with the Parliament’s request.

                            The Commission agrees with the Parliament that Article 207 TFEU is the appropriate substantive legal basis for Title I of the Agreement, on ‘Customs union’, and that Article 212 TFEU is the appropriate substantive legal basis for Title II, on ‘Cooperation’.

                            However, the Agreement also has a Title III on ‘Social provisions’. The Commission considers that the appropriate substantive legal basis for Title III is Article 79(2)(b) TFEU, on the rights of third country nationals under the Union’s immigration policy, as there is no agreement between the EU and San Marino providing for the free movement of their nationals.

                            In this respect, Denmark, Ireland and the United Kingdom are bound vis-à-vis San Marino by the provisions of the Agreement, including Title III. As a consequence, Ireland and the United Kingdom should take part in the adoption of the present Decision. Denmark, Ireland and the United Kingdom are in any event to remain bound vis-à-vis San Marino on the basis of the Agreement, as extended through the Protocol to Croatia.

                            The remainder of the proposal is identical to the initial proposal (please refer to the summary of the Commission’s initial legislative proposal dated 02/08/2013).

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                              text
                              • PURPOSE: to conclude a Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

                                PROPOSED ACT: Council Decision.

                                ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

                                BACKGROUND: the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, of 16 December 1991, entered into force on 1 April 2002.

                                On 14 September 2012, the Council authorised the Commission to negotiate the adaptation, through a Protocol, of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding Croatia's participation as a contracting party, in view of the enlargement of the Union to include Croatia as of 1 July 2013.

                                The proposal consists of a draft Council Decision on the conclusion of the said Protocol.

                                IMPACT ASSESSMENT: no impact assessment was undertaken.

                                LEGAL BASIS: Article 207 and Article 352, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

                                CONTENT: under this proposal, the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding Croatia's participation, as a contracting party, following its accession to the European Union, is hereby approved on behalf of the European Union and its Member States.

                                The text of the Protocol is attached to this Decision.

                                BUDGETARY IMPLICATION: this proposal has no implications for the EU budget.

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                                Old

                                PURPOSE: to conclude a Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

                                PROPOSED ACT: Council Decision.

                                ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

                                BACKGROUND: the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, of 16 December 1991, entered into force on 1 April 2002.

                                On 14 September 2012, the Council authorised the Commission to open negotiations for the adaptation, through the negotiation of a Protocol, of the Agreement regarding Croatia's participation as a contracting party, in view of its accession to the European Union on 1 July 2013.

                                It is now necessary to conclude the Protocol on behalf of the European Union.

                                CONTENT: this proposed Decision calls on the Council to conclude, on behalf of the European Union, the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

                                For details as regards other essential elements to this Agreement, please refer to the summary of the Commission’s initial legislative proposal dated 02/08/2013.

                                The Protocol shall apply on a provisional basis from 1 July 2013, date of accession of Croatia to the EU.

                                New

                                PURPOSE: to conclude a Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

                                PROPOSED ACT: Council Decision.

                                ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

                                BACKGROUND: the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, of 16 December 1991, entered into force on 1 April 2002.

                                On 14 September 2012, the Council authorised the Commission to negotiate the adaptation, through a Protocol, of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding Croatia's participation as a contracting party, in view of the enlargement of the Union to include Croatia as of 1 July 2013.

                                The proposal consists of a draft Council Decision on the conclusion of the said Protocol.

                                IMPACT ASSESSMENT: no impact assessment was undertaken.

                                LEGAL BASIS: Article 207 and Article 352, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

                                CONTENT: under this proposal, the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding Croatia's participation, as a contracting party, following its accession to the European Union, is hereby approved on behalf of the European Union and its Member States.

                                The text of the Protocol is attached to this Decision.

                                BUDGETARY IMPLICATION: this proposal has no implications for the EU budget.

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                                • PURPOSE: to conclude a Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

                                  PROPOSED ACT: Council Decision.

                                  ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

                                  BACKGROUND: the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, of 16 December 1991, entered into force on 1 April 2002.

                                  On 14 September 2012, the Council authorised the Commission to open negotiations for the adaptation, through the negotiation of a Protocol, of the Agreement regarding Croatia's participation as a contracting party, in view of its accession to the European Union on 1 July 2013.

                                  It is now necessary to conclude the Protocol on behalf of the European Union.

                                  CONTENT: this proposed Decision calls on the Council to conclude, on behalf of the European Union, the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

                                  For details as regards other essential elements to this Agreement, please refer to the summary of the Commission’s initial legislative proposal dated 02/08/2013.

                                  The Protocol shall apply on a provisional basis from 1 July 2013, date of accession of Croatia to the EU.

                                activities/4/docs/0/text
                                • PURPOSE: to conclude a Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

                                  PROPOSED ACT: Council Decision.

                                  ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

                                  BACKGROUND: the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, of 16 December 1991, entered into force on 1 April 2002.

                                  On 14 September 2012, the Council authorised the Commission to open negotiations for the adaptation, through the negotiation of a Protocol, of the Agreement regarding Croatia's participation as a contracting party, in view of its accession to the European Union on 1 July 2013.

                                  It is now necessary to conclude the Protocol on behalf of the European Union.

                                  CONTENT: this proposed Decision calls on the Council to conclude, on behalf of the European Union, the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

                                  For details as regards other essential elements to this Agreement, please refer to the summary of the Commission’s initial legislative proposal dated 02/08/2013.

                                  The Protocol shall apply on a provisional basis from 1 July 2013, date of accession of Croatia to the EU.

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                                activities/0/docs/0/text
                                • PURPOSE: to conclude a Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

                                  PROPOSED ACT: Council Decision.

                                  ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

                                  BACKGROUND: the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, of 16 December 1991, entered into force on 1 April 2002.

                                  On 14 September 2012, the Council authorised the Commission to negotiate the adaptation, through a Protocol, of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding Croatia's participation as a contracting party, in view of the enlargement of the Union to include Croatia as of 1 July 2013.

                                  The proposal consists of a draft Council Decision on the conclusion of the said Protocol.

                                  IMPACT ASSESSMENT: no impact assessment was undertaken.

                                  LEGAL BASIS: Article 207 and Article 352, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

                                  CONTENT: under this proposal, the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding Croatia's participation, as a contracting party, following its accession to the European Union, is hereby approved on behalf of the European Union and its Member States.

                                  The text of the Protocol is attached to this Decision.

                                  BUDGETARY IMPLICATION: this proposal has no implications for the EU budget.

                                activities/0/docs/0/text
                                • PURPOSE: to conclude a Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

                                  PROPOSED ACT: Council Decision.

                                  ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

                                  BACKGROUND: the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, of 16 December 1991, entered into force on 1 April 2002.

                                  On 14 September 2012, the Council authorised the Commission to negotiate the adaptation, through a Protocol, of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding Croatia's participation as a contracting party, in view of the enlargement of the Union to include Croatia as of 1 July 2013.

                                  The proposal consists of a draft Council Decision on the conclusion of the said Protocol.

                                  IMPACT ASSESSMENT: no impact assessment was undertaken.

                                  LEGAL BASIS: Article 207 and Article 352, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

                                  CONTENT: under this proposal, the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding Croatia's participation, as a contracting party, following its accession to the European Union, is hereby approved on behalf of the European Union and its Member States.

                                  The text of the Protocol is attached to this Decision.

                                  BUDGETARY IMPLICATION: this proposal has no implications for the EU budget.

                                activities/0/docs/0/type
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                                  New
                                  EC/San Marino Cooperation and Customs Union Agreement: participation of Croatia following its accession to the EU. Protocol
                                  activities/0/docs/0/text
                                  • PURPOSE: to conclude a Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding the participation, as a contracting party, of Croatia, following its accession to the European Union.

                                    PROPOSED ACT: Council Decision.

                                    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

                                    BACKGROUND: the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, of 16 December 1991, entered into force on 1 April 2002.

                                    On 14 September 2012, the Council authorised the Commission to negotiate the adaptation, through a Protocol, of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, regarding Croatia's participation as a contracting party, in view of the enlargement of the Union to include Croatia as of 1 July 2013.

                                    The proposal consists of a draft Council Decision on the conclusion of the said Protocol.

                                    IMPACT ASSESSMENT: no impact assessment was undertaken.

                                    LEGAL BASIS: Article 207 and Article 352, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (TFEU).

                                    CONTENT: under this proposal, the Protocol to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and San Marino, of the other part, regarding Croatia's participation, as a contracting party, following its accession to the European Union, is hereby approved on behalf of the European Union and its Member States.

                                    The text of the Protocol is attached to this Decision.

                                    BUDGETARY IMPLICATION: this proposal has no implications for the EU budget.

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