Explanatory Memorandum to COM(2010)89 - EU position within the ACP-EC Council of Ministers concerning the accession of South Africa to the revised ACP-EC Partnership Agreement

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dossier COM(2010)89 - EU position within the ACP-EC Council of Ministers concerning the accession of South Africa to the revised ACP-EC Partnership ...
source COM(2010)89 EN
date 17-03-2010
The relationship between the EU and South Africa is based on the Agreement on Trade, Development and Cooperation between the European Community and its Members States, of the one part, and the Republic of South Africa, of the other part, which was signed in Pretoria on 11 October 1999 and entered into force on 1 May 2004.

South Africa is also a State Party to the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States of the other part, signed in Cotonou (Benin) on 23 June 2000 (hereinafter referred to as the 'ACP-EC Partnership Agreement'). South Africa's membership of the agreement is subject to the qualifications set out in its Protocol 3.

Together with other ACP countries, on 25 June 2005 in Luxemburg South Africa signed the ACP-EC Agreement amending the Partnership Agreement (hereinafter referred to as the 'revised ACP-EC Partnership Agreement').

In accordance with Article 93, paragraph 3, the revised ACP-EC Partnership Agreement entered into force on 1 July 2008, following ratification of the revision by the EU and its Member States and two thirds of ACP States. Article 93, paragraph 4, of the Agreement stipulates that an ACP signatory State that has not completed ratification procedures by the date of entry into force of the Agreement, may do so only within the 12 months following that date. Subsequently, such a signatory State should follow the course of accession as provided for in Article 94.

Due to administrative delays and the renewal of the South African Parliament following national elections on 22 April 2009, South Africa missed the ratification deadline of 30 June 2009.

In a letter dated 29 July 2009 addressed to the Swedish EU Council Presidency the new South African Foreign Minister, Ms Maite Nkoana-Mashabane, informed the EU that South Africa intended to accede to the revised ACP-EC Partnership Agreement under the terms of Article 94 of the Agreement, and that the constitutionally-required process for doing so had been launched.

Following endorsement of the accession act by both chambers of the South African Parliament in November 2009, South Africa submitted a formal request for accession to the revised ACP-EC Partnership Agreement on 23 November 2009.

It is therefore appropriate to set the favourable position to be adopted by the European Union on this request, to be expressed in the context of a formal Decision of the Joint ACP-EC Council of Ministers approving that accession.

In line with Article 218 (10) TFEU, the European Parliament will be informed of this proposal for a decision of the ACP-EC Council.

The Commission therefore proposes that the Council adopts the attached decision.