COMMISSION DECISION

of 26 October 2015

on the conclusion of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and of Kosovo(1), of the other part

(2015/C 364/04)

THE EUROPEAN COMMISSION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,

Having regard to the approval of the Council pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,

Whereas:

(1) On 21 June 2013 the Council authorised the European Commission to open negotiations with Kosovo for a Stabilisation and Association Agreement. The negotiations were successfully concluded by the initialling of the Agreement on 25 July 2014.

(2) The Agreement also covers matters falling under competences of the European Atomic Energy Community.

(3) The Agreement should therefore also be concluded on behalf of the European Atomic Energy Community as regards matters falling under the Treaty establishing the European Atomic Energy Community.

(4) The signature and conclusion of the Agreement 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. The Stabilisation and Association Agreement will be signed on behalf of the European Union, subject to conclusion at a later date.

(5) The Agreement is without prejudice to Member States' position on the status of Kosovo, which will be decided in accordance with their national practice and international law.

(6) In addition, none of the terms, wording or definitions used in this Decision and the Agreement, nor any recourse to the necessary legal bases for the conclusion of Agreement constitute recognition of Kosovo by the European Atomic Energy Community as an independent State nor does it constitute recognition by individual Member States of Kosovo in that capacity where they have not taken such a step.

(7) The Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part, should be concluded on behalf of the European Atomic Energy Community,

HAS ADOPTED THIS DECISION:

Article 1

The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part, is hereby approved.

The text of the Agreement is attached to the Council Decision on the signing, on behalf of the European Union of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part(2).

Article 2

The present Decision is without prejudice to Member States' and the European Atomic Energy Community's position on the status of Kosovo.

Article 3

The Member of the Commission responsible for European Neighbourhood Policy and Enlargement Negotiations is hereby authorised to sign the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part, and to deposit the act of approval referred to in Article 144 of the Agreement on behalf the European Atomic Energy Community.

Done at Brussels, 26 October 2015.

For the Commission

Johannes HAHN

Member of the Commission

(1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

(2)  Doc 10728/1/15 REV 1 and 10724/2/15 REV 2 COWEB 66 (not yet published in the Official Journal).