Considerations on COM(2021)150 - EU position within the ACP-EU Committee regarding the amendment of Decision No 3/2016 on the Centre for the Development of Enterprise (CDE)

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dossier COM(2021)150 - EU position within the ACP-EU Committee regarding the amendment of Decision No 3/2016 on the Centre for the Development of ...
document COM(2021)150 EN
date June  3, 2021
 
table>(1)Article 15(4) of 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 (2) (the ‘ACP-EU Partnership Agreement’) states that the ACP-EU Council of Ministers may delegate powers to the ACP-EU Committee of Ambassadors.
(2)At its 39th session held on 19 and 20 June 2014 in Nairobi, the ACP-EU Council of Ministers agreed, in a Joint Declaration, to proceed with the orderly closing of the Centre for the Development of Enterprise (CDE). For that purpose, the ACP-EU Council of Ministers decided to grant a delegation of powers to the ACP-EU Committee of Ambassadors to take the matter forward with a view to adopting the necessary decisions.

(3)On 12 July 2016, the ACP-EU Committee of Ambassadors adopted Decision No 3/2016 (3) amending Annex III to the ACP-EU Partnership Agreement to introduce the necessary changes, establish the new legal framework of the CDE as from 1 January 2017, and maintain the legal personality of the CDE, solely for the purposes of its liquidation, as from that date.

(4)Pursuant to Article 2(1) of Decision No 3/2016, a Curator is to ensure the implementation of the passive phase, in which the CDE is to solely exist for the purposes of its liquidation, as from 1 January 2017 for a period of four years or until the CDE has settled all its liabilities and realised all its assets, whichever happens earlier.

(5)By 31 December 2020, the CDE had not settled all its liabilities and realised all its assets. It is therefore necessary to amend Decision No 3/2016 to ensure the proper implementation of the passive phase under the Curator’s management and to end that phase. In order to ensure continuity of the passive phase, the amendment of Decision No 3/2016 should apply as of 1 January 2021.

(6)The ACP-EU Committee of Ambassadors is to adopt the amendment to Decision No 3/2016 at one of its meetings, or by written procedure.

(7)It is appropriate to establish the position to be taken on the Union’s behalf in the ACP- EU Committee of Ambassadors, as the envisaged act will be binding on the Union,