Legal provisions of COM(2024)191 -

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dossier COM(2024)191 - .
document COM(2024)191
date April 26, 2024


Article 1


The signing of the Agreement establishing an association between the Union and Andorra and San Marino, respectively is hereby approved on behalf of the Union, subject to the conclusion of the said Agreement.

The text of the Agreement to be signed is attached to this Decision.

Article 2


1. The European Commission shall represent the Union within the Association Committee, the Joint Committees, the Customs Cooperation Subcommittees, the Subcommittees on Food Safety and Veterinary and Phytosanitary Matters, the Subcommittees on Financial Services, the Statistical Subcommittee, as well as in any additional subcommittees and working groups that are established in accordance with paragraph 8 of Article 76 of the Framework Agreement.

2. When the European Commission represents the Union in bodies created by the Agreement, it shall inform the Council in a timely manner about the discussions and the outcome of the meetings and of the acts adopted in those meetings. The European Commission shall also inform the European Parliament as appropriate.

Article 3


1. When the European Commission submits a proposal to the Council which it considers to fall within an area covered by the Agreement, it shall indicate that, after its adoption, the future legal act shall be extended to Andorra and San Marino respectively.

2. The European Commission shall be authorised to take, on behalf of the Union, any position in the Joint Committees set out by Article 76 of the Framework Agreement regarding decisions that simply extend Union legal acts to Andorra and San Marino respectively, subject to any technical adjustments needed.

3. For decisions adopted by the Joint Committees other than those referred to in paragraph 2 of this Article, the positions to be taken on the Union’s behalf shall be established in accordance with the procedure set out in Article 218(9) TFEU.

Article 4

4. Without prejudice to Article 3, the Commission shall be authorised to approve, on behalf of the Union, modifications to the Associated State Protocols to the Agreement to be adopted by the Joint Committees in accordance with Article 108 of the Framework Agreement.

5. The Commission shall submit the proposed modifications specified in paragraph 1 to the Council before their approval.

The Commission shall approve those proposed modifications on behalf of the Union unless, within one month after the Commission has submitted them to the Council, a number of Member States representing a blocking minority of the Council in accordance with Article 16(4) TEU object to them. If there is such an objection, the Commission shall reject the proposed modifications on behalf of the Union.

Article 5


The European Commission shall transmit and inform the Council of the draft assessment criteria and methodology received from the European Supervisory Authorities in application of Article 10 of Framework Protocol 3 (on financial services) to the Agreement prior to their adoption.

Article 6


Before adopting a decision in accordance with Article 15 of Framework Protocol 3 (on financial services), the EU Supervisory Authorities shall inform the Commission, who shall inform the Council.


Article 7


Until a specific legislative act regulating the adoption of the measures listed in points (a) to (c) of this Article enters into force in the Union, any decision of the Union to take such measures shall be taken by the Commission in accordance with the conditions set out in the corresponding provisions of the Agreement:

(a) compensatory measures for the incorrect application of the Agreement with a view to remedying imbalances in accordance with Article 90 of the Framework Agreement;

(b) safeguard measures in the event of serious economic, societal, and environmental difficulties of a regional nature that are caused by the application of the Agreement and that are likely to persist in accordance with Article 97 of the Framework Agreement;

(c) safeguard measures in the event of a terrorist attack or a natural or man-made disaster that affects the Union in accordance with Article 98 of the Framework Agreement.

Article 8


1. Subject to its conclusion at a later date and pending its entry into force, the Agreement shall be applied provisionally between the three Contracting Parties, in accordance with paragraph 2 of Article 112 of the Framework Agreement, as from the first day following the month in which a Contracting Party deposited its instruments of ratification, conclusion or approval with the General Secretariat of the Council of the EU, unless another Contracting Party notifies that such a provisional application should not take place.

2. If the conditions for the provisional application between all three Contracting Parties in accordance with paragraph 1 of this Article and paragraph 2 of Article 112 of the Framework Agreement are not met, the Agreement shall be applied between the Union and one of the other Contracting Parties from the first day of the second month following the month in which either the EU or that Contracting Party deposited its instruments of ratification, conclusion or approval with the General Secretariat of the Council of the Union, unless either of these two Contracting Party notifies that such a provisional applications should not take place.

Article 9


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