COMMISSION DECISION

of 9 December 2016

on the conclusion, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, on the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union

(2016/C 467/06)

THE EUROPEAN COMMISSION,

Having regard to the Treaty Establishing the European Atomic Energy Community and in particular Article 101(2) thereof,

Having regard to the Council decision approving the conclusion by the Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, on the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union,

Whereas:

(1) The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (‘the SAA’) was signed on 16 June 2008 and entered into force on 1 June 2015(1).

(2) The Republic of Croatia became a Member State of the Union on 1 July 2013.

(3) In accordance with the second subparagraph of Article 6(2) of the 2012 Act concerning the conditions of accession of the Republic of Croatia to the European Union, the accession of Croatia to the SAA should be agreed by the conclusion of a protocol to the SAA by the Council, acting unanimously on behalf of the Member States, and by the third country concerned.

(4) On 24 September 2012, the Council authorised the Commission to open negotiations with Bosnia and Herzegovina in order to conclude a protocol to the SAA.

(5) Those negotiations were successfully completed and the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’) was initialled on 18 July 2016.

(6) The Protocol covers matters falling within the competence of the European Atomic Energy Community.

(7) The Protocol should be concluded by the Commission on behalf of the European Atomic Energy Community as regards matters falling within the competence of the European Atomic Energy Community.

(8) On 21 November 2016 the Council adopted a decision approving the conclusion of the Protocol by the Commission on behalf of the European Atomic Energy Community(2).

(9) The signing and conclusion of the Protocol is subject to a separate procedure as regards matters falling under the Treaty on European Union and the Treaty on the Functioning of the European Union.

(10) The Protocol should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The conclusion on behalf of the European Atomic Energy Community of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, on the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved.

The text of the Protocol is attached to Council Decision on the signing, on behalf of the European Union and its Member States, and provisional application of the Protocol(3).

Article 2

The Member of the Commission responsible for European Neighbourhood Policy and Enlargement Negotiations is hereby authorised to sign the Protocol, and to deposit the notification provided for in Article 7 of the Protocol.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 9 December 2016.

For the Commission

Johannes HAHN

Member of the Commission

(1)

OJ L 164, 30.6.2015, p. 2

(2) Not yet published in the Official Journal.

(3) Not yet published in the Official Journal.