Explanatory Memorandum to COM(2016)28 - EU position within the ACP-EU Committee of Ambassadors regarding the revision of Annex III of the ACP-EU Partnership Agreement - Main contents
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| dossier | COM(2016)28 - EU position within the ACP-EU Committee of Ambassadors regarding the revision of Annex III of the ACP-EU Partnership ... |
|---|---|
| source | COM(2016)28  |
| date | 25-01-2016 |
At its 39th session held on 19 and 20 June 2014 in Nairobi, the ACP 1 -EU Council of Ministers agreed, in a Joint Declaration, to proceed with the orderly closing of the Centre for the Development of the Enterprise (hereinafter referred as to CDE), a joint technical body of the ACP-EU Partnership Agreement 2 established in its Annex III. In this Joint Declaration, the Council of Ministers delegated powers to the ACP-EU Committee of Ambassadors to take the necessary decisions, 'including the relevant amendment to Annex III of the Cotonou Agreement'.
Since June 2014 progressive steps have been completed in view of the CDE liquidation, the final milestone conditioning an orderly winding-down of the CDE being the adoption of the revision of the Annex III of the ACP-EU Partnership Agreement.
With the present Commission's proposal it is intended to introduce the necessary changes in Annex III to the ACP-EU Partnership Agreement as well as to establish a legal framework for the CDE's existence solely for the needs of its liquidation and to foresee legal dispositions regarding:
i) the legal personality of the CDE;
ii) the definition of the period covering the phasing-out of the entity;
iii) the financing arrangements;
iv) a redefinition of its governance structure of the CDE solely for the needs of its liquidation.
At the same time, the Commission decided to withdraw the Commission proposal for a Council decision on 'the position to be taken by the European Union within the ACP-EU Council of Ministers regarding the revision of Annex III of the ACP-EU Partnership Agreement' COM (2014) 364 final 3 which served as a basis of negotiation in view of the preparation of this 39th ACP-EU Council of Ministers. The Commission recommended at that time a straightforward deletion of any reference to the CDE in the Annex III. This Commission proposal adopted on 10 June 2014 became obsolete and has to be reviewed to foresee the new legal framework of the CDE's existence solely for the needs of its liquidation. The Commission proposal COM(2014)364 will be withdrawn in parallel following the required procedure.
The Commission proposes that the Council of the European Union adopts the attached Decision.