Legal provisions of COM(2008)50 - Signing of an Agreement with South Africa amending the Agreement on Trade, Development and Cooperation - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2008)50 - Signing of an Agreement with South Africa amending the Agreement on Trade, Development and Cooperation. |
|---|---|
| document | COM(2008)50  |
| date | February 4, 2008 |
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52008PC0050
Proposal for a Council Decision on the signing of an Agreement between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, amending the Agreement on Trade, Development and Cooperation /* COM/2008/0050 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 4.2.2008
COM(2008) 50 final
Proposal for a
COUNCIL DECISION
on the signing of an Agreement between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, amending the Agreement on Trade, Development and Cooperation
(presented by the Commission)
EXPLANATORY MEMORANDUM
T he Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part (hereinafter referred to as the 'TDCA'), was signed in Pretoria on 11 October 1999 and entered into force on 1 May 2004.
Articles 18 and 103 of the TDCA call for a review of the Agreement within five years of its entry into force. The Parties conducted a review in 2004 and agreed in a joint statement by the Cooperation Council of 23 November 2004 on the need for continued and diversified SA-EU co-operation on the basis of the existing TDCA, amended as appropriate.
At its meeting of 7 November 2005, the Joint Cooperation Council established the broad lines of the future revision of the TDCA, covering further liberalisation of trade, minor adjustments to the Title on Development Cooperation, updating of the wording of several provisions concerning economic cooperation and cooperation in other areas, and the addition of new provisions on such matters as Terrorism, the International Criminal Court, Weapons of Mass Destruction, Mercenaries and Small Arms.
On that basis, the Commission submitted a proposal for a negotiating mandate in June 2006.
On 17 November 2006 the Council adopted a two-tier Decision giving the Commission two mandates. One was to give guidance to the Commission for revising the Agreement on Trade, Development and Cooperation on the basis of Article 106(1) of the TDCA, which gives the Cooperation Council the power to decide on amendments put forward by any Party. The other was to authorise the opening of negotiations between the Community and its Member States, on the one hand, and the Republic of South Africa, on the other, to revise the Agreement on matters relating to the political dimension of the Agreement and to justice, freedom and security.
However, in the course of the negotiations, for the sake of coherence, both sides agreed to forego the 'lighter' procedure of Article 106(1) of the TDCA, and to negotiate a single Agreement amending the TDCA. Consequently, the Commission has negotiated this Agreement on the basis of the combined negotiating directives adopted by the Council, and in consultation with the ACP Working Party and the Africa Working Group, appointed by the Council according to their respective responsibilities, as the special committees to assist in this task. For matters coming under Title V (CFSP) of the EU Treaty, the Commission has conducted the negotiations together with the Presidency, assisted by the SG/HR.
From the start of the negotiations it was clear that all trade and trade-related issues would be discussed in the context of the talks on the future Economic Partnership Agreement (EPA) with the countries of Southern Africa. The TDCA negotiations on trade and trade-related matters were therefore immediately suspended, pending the outcome of the EPA talks.
Throughout the negotiations, the Commission has ensured that due account was taken of the process for the implementation of the Strategic Partnership between South Africa and the EU.
The negotiations were formally opened on 29 March 2007 and were concluded to the Commission's satisfaction on 10 October 2007. The Commission is therefore submitting to the Council the attached draft decision on the signing of the Agreement amending the TDCA.
Proposal for a
COUNCIL DECISION
on the signing of an Agreement between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, amending the Agreement on Trade, Development and Cooperation
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 310, in conjunction with the second sentence of Article 300(2), first subparagraph, and the second subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, (hereinafter referred to as the “TDCA”), was signed in Pretoria on 11 October 1999. It was concluded on 26 April 2004.
(2) On 17 November 2006 the Council authorised the Commission to negotiate with the Republic of South Africa an Agreement between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, amending the TDCA.
(3) These negotiations have been concluded to the satisfaction of the Commission.
(4) Subject to its possible conclusion at a later stage, the Agreement amending the TDCA should now be signed on behalf of the European Community and its Member States.
HAS DECIDED AS FOLLOWS:
Sole Article
The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the Community, the Agreement amending the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part.
The text of the Agreement is attached to this Decision.