Council Decision of 14 May 2012 on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part (2012/272/EU)
Grade B
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Address https://gelex.eu/eli/EU/decision/2012/272@2012-05-14/en
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), Articles 91 and 100, Article 191(4) and Articles 207 and 209 in conjunction with Article 218(5) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) On 25 November 2004, the Council authorised the Commission to negotiate a Framework Agreement with the Republic of the Philippines on Partnership and Cooperation (the Agreement).
(2) The provisions of the Agreement that fall within the scope of Part Three, Title V of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the United Kingdom and/or Ireland have jointly notified the Republic of the Philippines that the United Kingdom or Ireland is bound as part of the European Union in accordance with the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union. If the United Kingdom and/or Ireland cease(s) to be bound as part of the European Union in accordance with Article 4a of the Protocol (No 21), the European Union together with the United Kingdom and/or Ireland are to immediately inform the Republic of the Philippines of any change in their position in which case they are to remain bound by the provisions of the Agreement in their own right. The same applies to Denmark in accordance with the Protocol (No 22) on the position of Denmark annexed to those Treaties.
(3) Where the United Kingdom and/or Ireland has/have not provided the notification required under Article 3 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice, they do not take part in the adoption by the Council of this Decision to the extent that it covers provisions pursuant to Part Three, Title V of the Treaty on the Functioning of the European Union. The same applies to Denmark in accordance with the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union.
(4) The Agreement should be signed, subject to its conclusion at a later date,
HAS ADOPTED THIS DECISION:
Article 1
The signing of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part, is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
Article 3
This Decision shall enter into force on the day following its adoption.
Done at Brussels, 14 May 2012. For the Council The President C. Ashton
Versions
Cited by
- Council Decision (EU) 2017/2414 of 25 September 2017 on the conclusion, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part Decision · Grade B
In accordance with Council Decision 2012/272/EU, the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part (the Agreement), was signed on 11 July 2012, subject to its conclusion.
- Opinion of Advocate General Mengozzi delivered on 23 January 2014 Case C‑377/12 European Commission v Council of the European Union Opinion · Grade B
By this action, the European Commission requests the Court of Justice to annul Council Decision 2012/272/EU of 14 May 2012 on the signing, on behalf of the Union, of a framework agreement on partnership and cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part (the contested decision), in so far as the Council of the European Union added legal bases concerning transport, the readmission of third-country nationals and the environment.
- Opinion of Advocate General Mengozzi delivered on 23 January 2014 Case C‑377/12 European Commission v Council of the European Union Opinion · Grade B
annul Council Decision 2012/272/EU of 14 May 2012 on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part;
- Opinion of Advocate General Mengozzi delivered on 23 January 2014 Case C‑377/12 European Commission v Council of the European Union Opinion · Grade B
maintain the effects of Decision 2012/272 until the adoption of a new decision;
- Judgment of the Court (Grand Chamber) 11 June 2014 Judgment · Grade B
By its application, the European Commission seeks the annulment of Council Decision 2012/272/EU of 14 May 2012 on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part (OJ 2012 L 134, p. 3; the contested decision) in so far as the Council of the European Union added thereto the legal bases relating to readmission of third-country nationals (Article 79(3) TFEU), transport (Articles 91 TFEU and 100 TFEU) and the environment (Article 19
- Judgment of the Court (Grand Chamber) 11 June 2014 Judgment · Grade B
Annuls Council Decision 2012/272/EU of 14 May 2012 on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part, in so far as the Council of the European Union added thereto the legal bases relating to readmission of third-country nationals, transport and the environment;
- Judgment of the Court (Grand Chamber) of 11 June 2014 — European Commission v Council of the European Union (Case C-377/12) Notice · Grade B
(Action for annulmentCouncil Decision 2012/272/EU on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and the Republic of the PhilippinesChoice of legal basisArticles 79 TFEU, 91 TFEU, 100 TFEU, 191 TFEU and 209 TFEUReadmission of third-country nationalsTransportEnvironmentDevelopment cooperation)2014/C 282/04Language of the case: English Applicant: European Commission (represented by: S. Bartelt, G. Valero Jordana and F. Erlbacher, acting as Agents) Defendant: Council of the European Union (represented by: A. Vitro and J
- Judgment of the Court (Grand Chamber) of 11 June 2014 — European Commission v Council of the European Union (Case C-377/12) Notice · Grade B
Annuls Council Decision 2012/272/EU of 14 May 2012 on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part, in so far as the Council of the European Union added thereto the legal bases relating to readmission of third-country nationals, transport and the environment;