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

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.