Answer to Written Question: Validity of the PDCA with Cuba

(Source: European Parliament)

EN

E-001489/2021

Answer given by High Representative/Vice-President Borrell

on behalf of the European Commission

(2.6.2021)

The provisional application is used as a tool to overcome potential delays in national ratifications. In the case of the Political Dialogue and Cooperation Agreement (PDCA)[1], the provisional application is foreseen in Article 86 and no deadline is laid down in this provision.

There is no specific time limit under international law as to how long an agreement can be applied provisionally. The provisional application may, however, be terminated at any time. Under international law, bilateral international agreements continue to apply until one party, notifying the other party of its intention not to become a party to the agreement, terminates the provisional application, in accordance with Article 25 of the Vienna Convention on the Law of Treaties[2].

The High Representative/Vice-President is not aware of any notification by Lithuania to the EU that it would not consider ratifying the agreement. The EU thus assumes that Lithuania will ratify the agreement in due course.

The agreement will continue to be provisionally applied by the EU until the moment that the EU were to notify Cuba of its intention not to conclude the PDCA and to no longer be a party to it.


[1] The text of the PDCA can be found at:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52016JC0042

[2] The text of the Convention can be found at: https://treaties.un.org/doc/publication/unts/volume%201155/volume-1155-i-18232-english.pdf

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