Decision 2021/2120 - EU position within the ACP-EU Committee of Ambassadors as regards the amendment of Decision No 3/2019 of the ACP-EU Committee of Ambassadors to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement

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1.

Current status

This decision has been published on December  2, 2021 and entered into force on November 25, 2021.

2.

Key information

official title

Council Decision (EU) 2021/2120 of 25 November 2021 on the position to be taken on behalf of the European Union within the ACP-EU Committee of Ambassadors as regards the amendment of Decision No 3/2019 of the ACP-EU Committee of Ambassadors to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement
 
Legal instrument Decision
Number legal act Decision 2021/2120
Regdoc number ST(2021)13542
Original proposal COM(2021)686 EN
CELEX number i 32021D2120

3.

Key dates

Document 25-11-2021; Date of adoption
Publication in Official Journal 02-12-2021; OJ L 430 p. 28-29
Effect 25-11-2021; Entry into force Date of document See Art 2
End of validity 31-12-9999

4.

Legislative text

2.12.2021   

EN

Official Journal of the European Union

L 430/28

 

COUNCIL DECISION (EU) 2021/2120

of 25 November 2021

on the position to be taken on behalf of the European Union within the ACP-EU Committee of Ambassadors as regards the amendment of Decision No 3/2019 of the ACP-EU Committee of Ambassadors to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

 

(1)

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 (1) (the ‘ACP-EU Partnership Agreement’) was signed in Cotonou on 23 June 2000 and entered into force on 1 April 2003. In accordance with Decision No 3/2019 of the ACP-EU Committee of Ambassadors (2) (the ‘decision on transitional measures’), it is to be applied until 30 November 2021.

 

(2)

Pursuant to Article 95(4), first subparagraph, of the ACP-EU Partnership Agreement, negotiations towards a new ACP-EU Partnership Agreement (the ‘new Agreement’) were launched in September 2018. The new Agreement will not be ready to be applied by 30 November 2021, the expiry date of the current legal framework. It is therefore necessary to amend the decision on transitional measures in order to further extend the application of the provisions of the ACP-EU Partnership Agreement.

 

(3)

Article 95(4), second subparagraph, of the ACP-EU Partnership Agreement provides for the ACP-EU Council of Ministers to adopt any transitional measures that may be required until the new Agreement comes into force.

 

(4)

Pursuant to Article 15(4) of the ACP-EU Partnership Agreement, on 23 May 2019, the ACP-EU Council of Ministers delegated the powers to adopt the transitional measures to the ACP-EU Committee of Ambassadors (3). Therefore it is for the ACP-EU Committee of Ambassadors to amend the transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement.

 

(5)

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.

 

(6)

The provisions of the ACP-EU Partnership Agreement will continue to be applied with the aim of maintaining continuity in relations between the Union and its Member States, on the one hand, and the ACP States, on the other. Accordingly, the amended transitional measures are not intended as amendments to the ACP-EU Partnership Agreement as provided for in Article 95(3) thereof,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf within the ACP-EU Committee of Ambassadors, pursuant to Article 95(4) of the ACP-EU Partnership Agreement, shall be to amend Decision No 3/2019 of the ACP-EU Committee of Ambassadors in order to extend the application of the provisions of the ACP-EU Partnership Agreement until 30 June 2022, or until the entry into force of the new Agreement or the provisional application between the Union and the ACP States of the new Agreement, whichever comes first.

The provisions of the ACP-EU Partnership Agreement shall be applied in line with the purpose and objective of Article 95(4) thereof.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 25 November 2021.

For the Council

The President

  • Z. 
    POČIVALŠEK
 


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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