HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 204/18
EN
Official Journal of the European Union
31.7.2012
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 21 December 2011
on the signing, on behalf of the European Union, and provisional application of certain provisions
of the Partnership and Cooperation Agreement between the European Union and its Member
States, of the one part, and the Republic of Iraq, of the other part
(2012/418/EU)
THE COUNCIL OF THE EUROPEAN UNION,
respect of the area of Freedom, Security and Justice
annexed to the Treaty on European Union and to the
Treaty on the Functioning of the European Union. If the
Having regard to the Treaty on the Functioning of the European
United Kingdom and/or Ireland ceases to be bound as
Union, and in particular Article 79(3), Articles 91 and 100,
part of the European Union in accordance with Article 4a
Article 192(1), Articles 194, 207 and 209 in conjunction
of Protocol No 21, the European Union together with
with Article 218(5) thereof,
the UK and/or Ireland shall immediately inform Iraq of
any change in their position in which case they shall
remain bound by the provisions of the Agreement in
Having regard to the proposal from the European Commission,
their own right. The same applies to Denmark in
accordance with Protocol No 22 on the position of
Denmark, annexed to those Treaties,
Whereas:
HAS ADOPTED THIS DECISION:
(1) On
23
March
2006,
the
Council
authorised
the
Commission to negotiate a Trade and Cooperation
Agreement with the Republic of Iraq.
Article 1
The signing of the Partnership and Cooperation Agreement
(2) On
27
October
2009,
the
Council
authorised
modifi
between the European Union and its Member States, of the
cations to the negotiation directives, on a proposal by
one part, and the Republic of Iraq, of the other part, is
the Commission, in order to enhance the status of the
hereby authorised on behalf of the Union, subject to the
Agreement by replacing the term ‘Trade’ with the term
conclusion of the said Agreement.
‘Partnership’ in the title and by establishing a
Cooperation Council at ministerial level.
The text of the Agreement is attached to this Decision.
(3) The
Partnership
and
Cooperation
Agreement
between
the
European Union and its Member States, of the one part,
Article 2
and the Republic of Iraq, of the other part (‘the Agree
The President of the Council is hereby authorised to designate
ment’) should be signed. Certain parts of the Agreement
the person(s) empowered to sign the Agreement on behalf of
should be applied provisionally, pending the completion
the Union.
of the procedures for its conclusion.
Article 3
(4) The
provisions
of
the
Agreement
that
fall
within
the
scope of Part Three, Title V of the Treaty on the Func
Pending the completion of the necessary procedures for its
tioning of the European Union bind the United Kingdom
entry into force, Article 2, and Titles II, III, and V of the
and Ireland as separate Contracting Parties, and not as
Agreement shall be applied provisionally, in accordance with
part of the European Union, unless the European Union
Article 117 of the Agreement only in so far as it concerns
together with the UK and/or Ireland have jointly notified
matters falling within the Union’s competence, from the first
Iraq that the United Kingdom or Ireland is bound as part
day of the third month following the date on which the Union
of the European Union in accordance with Protocol No
and Iraq have notified each other of the completion of the
21 on the position of the United Kingdom and Ireland in
necessary procedures for provisional application.

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EN
31.7.2012 Official
Journal
of
the
European
Union L
204/19
Article 4
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 21 December 2011.
For the Council
The President
M. DOWGIELEWICZ

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