Considerations on COM(2007)335 - EC position within the ACP-EC Council of Ministers concerning the modification of Protocol N°3 on South Africa to the ACP-EC Partnership Agreement

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dossier COM(2007)335 - EC position within the ACP-EC Council of Ministers concerning the modification of Protocol N°3 on South Africa to the ACP-EC ...
document COM(2007)335 EN
date June 18, 2007
 
(1) Protocol N° 3 to the ACP-EC Partnership Agreement lays down in its Article 5 that the provisions of the Agreement on economic and trade cooperation shall not apply to South Africa;

(2) On 7 March 2006 the group of ACP countries members of the Southern African Development Community (SADC) negotiating an Economic Partnership Agreement (EPA) with the European Community have requested that South Africa should be associated as a full member of that negotiation and on 12 February 2007 the EU Council of Ministers has agreed to the request, subject to certain conditions;

(3) The negotiation of EPA are based on the economic and trade provisions of the ACP-EC Partnership Agreement, in particular Article 36 and 37;

(4) For reasons of legal clarity it is necessary to amend Protocol N°3 with a view of taking into account the full inclusion of South Africa in the EPA negotiations and its eventual accession to the EPA;

(5) In accordance with its Article 7, Protocol N°3 may be revised by Decision of the Council of Ministers;

HAS DECIDED AS FOLLOWS:

Sole Article

The Community position within the ACP-EC Council of Ministers on the modification of Protocol N°3 on South Africa to the ACP-EC Partnership Agreement shall be based on the draft decision of the ACP-EC Council of Ministers set out in the Annex.

Minor changes to the draft decision may be agreed without need for a further decision by the Council.

Done at Brussels, […]

For the Council

The President

Draft Decision

Of the ACP – EC Council of Ministers

Of……….2007(2007/…./….)

Modifying Protocol N° 3 to the Cotonou Agreement to take into account the inclusion of the Republic of South Africa in the negotiations for an Economic Partnership Agreement.

THE ACP-EC COUNCIL OF MINISTERS,

Having regard 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 on 23 June 2000  i, as revised in Luxembourg on 25 June 2005  i (hereinafter referred to as the ACP-EC Partnership Agreement), and in particular Protocol N°3 thereto,

Whereas:

1. Protocol N° 3 to the ACP-EC Partnership Agreement lays down in its Article 5 that the provisions of the Agreement on economic and trade cooperation shall not apply to South Africa;

2. On 7 March 2006 the group of ACP countries members of the Southern African Development Community (SADC) negotiating an Economic Partnership Agreement (EPA) with the European Community have requested that South Africa should be associated as a full member of that negotiation and on 12 February 2007 the EU Council of Ministers has agreed to the request, subject to certain conditions;

3. The negotiation of EPA are based on the economic and trade provisions of the ACP-EC Partnership Agreement, in particular Article 36 and 37;

4. For reasons of legal clarity it is necessary to amend Protocol N°3 with a view of taking into account the full inclusion of South Africa in the EPA negotiations and its eventual accession to the EPA;

5. In accordance with its Article 7, Protocol N°3 may be revised by Decision of the Council of Ministers;

HAS DECIDED AS FOLLOWS:

Article 1

The following paragraph 3 is added to Article 5 of Protocol N°3 to the ACP-EC Partnership Agreement:

"3. This Protocol shall not prevent South Africa from negotiating and signing one of the Economic Partnership Agreement (EPA) foreseen in Part 3, Title II of this Agreement if the other parties to that EPA so agree."

Article 2

This Decision shall enter into force on the day on which it is adopted.

Done at ….., ……….. 2007.

For the ACP-EC Council of Ministers

The President