Explanatory Memorandum to COM(2010)279 - EU position within the ACP-EC Council of Ministers concerning the transitional measures applicable from the date of signing to the date of entry into force of the Agreement amending for the second time the Partnership Agreement with the African, Caribbean and Pacific States, signed in Cotonou on 23 June 2000 as first revised in Luxembourg on 25 June 2005

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dossier COM(2010)279 - EU position within the ACP-EC Council of Ministers concerning the transitional measures applicable from the date of signing ...
source COM(2010)279 EN
date 27-05-2010
By decision of 23 February 2009, the Council authorised the Commission to open negotiations with the African, Caribbean and Pacific Group of States (hereinafter referred to as the ACP States) with a view to undertaking the second revision of the Partnership Agreement between the ACP States of the one part, and the European Union and its Member States, of the other part (hereinafter referred to as the Cotonou Agreement).

In line with Article 95 i of the Cotonou Agreement, the negotiations were successfully concluded by an extraordinary Joint Ministerial meeting on 19 March 2010 with the EU negotiator initialling the endorsed texts which will amend the Agreement.

Article 95 i of the Cotonou Agreement authorises the Joint Council to adopt transitional measures in respect of the amended provisions until they come into force.

In accordance with Art. 218 i TFEU, the decision of the Council, on a proposal by the negotiator, authorising the signing of the Agreement, may be accompanied by its provisional application before entry into force. In addition, in accordance with Article 218(9) TFEU, the Council shall adopt, on a proposal from the Commission, a decision establishing the positions to be adopted on the Union's behalf within the ACP-EC Council of Ministers.

The Commission has transmitted a proposal for a Council decision concerning the signature of the Agreement amending for the second time the Partnership Agreement between the African, Caribbean and Pacific States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 as first revised in Luxembourg on 25 June 2005.

Considering that all the provisions of the Amending Agreement can be provisionally applied without technical difficulties, the Commission proposes to the Council to adopt a decision supporting the provisional application of the Amending Agreement.

The Commission proposes that the Council adopts the attached decision.