28.1.2005 Official Journal of the European Union L 26/1 (Acts whose publication is not obligatory) COUNCIL AND COMMISSION COUNCIL AND COMMISSION DECISION of 13 December 2004 concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other (2005/40/EC, Euratom) THE COUNCIL OF THE EUROPEAN UNION, THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Com- munity, and in particular Article 310 in conjunction with Article  300(2), first subparagraph, last sentence and Article 300(3), second subparagraph thereof (), 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 proposal from the Commission (%), Having regard to the assent of the European Parliament (°), Having regard to the approval of the Council granted pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community, Whereas: (1) The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, has been signed on behalf of the European Com- munity, in Luxembourg on 29 October 2001, subject to its possible conclusion at a later date. () The European Community has taken over all rights and obligations of the European Coal and Steel Community, f%llowing the latter’s expiry on 23 July 2002 (OJ L 194, 23.7.2002, p. 35 and 36). OJ C332E, 27.11.2001, p. 2. OJ C177E, 25.7.2002, p. 122. = == (2)  The commercial provisions contained in this Agreement are of an exceptional nature, connected with the policy implemented within the framework of the stabilisation and association process and will not constitute, for the European Union, any precedent in the commercial policy of the Community with regard to third countries other than those of the Western Balkans. (3)  The provisions of this Agreement that fall within the scope of Part III, Title IV of the Treaty establishing the European Community bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Community, until the United Kingdom or Ireland (as the case may be) notifies the Republic of Croatia that it has become bound as part of the Euro- pean Community in accordance with the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty estab- lishing the European Community. The same applies to Denmark, in accordance with the Protocol annexed to those Treaties on the position of Denmark. (4)  The Agreement should be approved, HAVE DECIDED AS FOLLOWS: Article 1 1. The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, the Annexes and Protocols annexed thereto and the declarations attached to the Final Act are hereby approved on behalf of the European Community and the European Atomic Energy Com- munity. 2. The texts referred to in paragraph 1 are attached to this Decision.