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29.2.2012 Official
Journal
of
the
European
Union L
57/43
COUNCIL DECISION
of 14 December 2011
on the signing, on behalf of the Union, and provisional application of the Agreement in the form of
an Exchange of Letters between the European Union and the Government of the Russian Federation
relating to the preservation of commitments on trade in services contained in the current EU-Russia
Partnership and Cooperation Agreement
(2012/107/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(6)
In view of the need to ensure that the commitments of
the Russian Federation under the PCA will continue to
Having regard to the Treaty on the Functioning of the European
apply as from the date of accession of the Russian
Union, and in particular Article 91 and Article 100(2) and the
Federation to the WTO, the Agreement should be
first subparagraph of Article 207(4), in conjunction with
applied on a provisional basis from that date, pending
Article 218(5) thereof,
the completion of the procedures for its conclusion,
Having regard to the proposal from the European Commission,
HAS ADOPTED THIS DECISION:
Whereas:
Article 1
The signing of the Agreement in the form of an Exchange of
(1)
In view of the economic importance for the Union of the
Letters between the European Union and the Government of the
access of European service providers to the market of the
Russian Federation relating to the preservation of commitments
Russian Federation, the Commission has negotiated with
on trade in services contained in the current EU-Russia Part
the Russian Federation extensive commitments by the
nership and Cooperation Agreement, is hereby authorised on
latter with regard to trade in services.
behalf of the Union, subject to the conclusion of the said
Agreement.
(2) These
commitments,
which
are
to
be
included
in
the
Protocol of Accession of the Russian Federation to the
The text of the Agreement is attached to this Decision.
World Trade Organization (WTO), do not provide for the
equivalent level of market access as defined in the
existing commitments of the Russian Federation to the
Article 2
Union under the Agreement on partnership and
The President of the Council is hereby authorised to designate
cooperation establishing a partnership between the
the person(s) empowered to sign the Agreement on behalf of
European Communities and their Member States, of
the Union.
one part, and the Russian Federation, of the other part,
of 24 June 1994 (‘the PCA’).
Article 3
(3) In
order
to
preserve
the
commitments
under
the
PCA,
it In accordance with the provisions of the Agreement, it shall be
is necessary to capture them in a binding agreement
applied on a provisional basis as from the date of accession of
between the Government of the Russian Federation and
the Russian Federation to the WTO, pending the completion of
the European Union.
the procedures for the conclusion of the Agreement ( 1 ).
(4)
In the context of the negotiations regarding the accession
Article 4
of the Russian Federation to the WTO, the Commission
This Decision shall enter into force on the date of its adoption.
has negotiated, on behalf of the European Union, an
Agreement in the form of an Exchange of Letters
between the European Union and the Government of
the Russian Federation relating to the preservation of
Done at Geneva, on 14 December 2011.
commitments on trade in services contained in the
current EU-Russia Partnership and Cooperation
Agreement (‘the Agreement’).
For the Council
The President
(5) The
Agreement
should
be
signed.
M. NOGAJ
( 1 ) The date from which the Agreement will be provisionally applied
will be published in the Official Journal of the European Union by the
General Secretariat of the Council.

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