Date: 2022-06-22Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2022/970 of 16 June 2022 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
**Executive Summary:**
This Council Decision establishes the EU's position within the ACPEU Committee of Ambassadors regarding the extension of transitional measures related to the ACPEU Partnership Agreement. The aim is to prolong the application of the existing agreement's provisions until either the new ACPEU Partnership Agreement comes into force, is provisionally applied, or until June 30, 2023, whichever is earliest. This ensures continuity in relations between the EU and ACP States. The decision was adopted on June 16, 2022, and is effective immediately.
**Key Points / Main Content:**
* **Purpose:**
* To define the EU's stance on amending Decision No 3/2019 within the ACPEU Committee of Ambassadors.
* To extend the application of the ACPEU Partnership Agreement's provisions.
* **Extension of Transitional Measures:**
* The ACPEU Partnership Agreement's provisions will be extended until June 30, 2023, or until the new Agreement is in force or provisionally applied, whichever occurs first.
* The extended application must align with the purpose and objective of Article 954 of the ACPEU Partnership Agreement.
* **Legal Basis and Context:**
* The decision is based on Article 217 in conjunction with Article 218(9) of the Treaty on the Functioning of the European Union.
* Negotiations for a new ACPEU Partnership Agreement are underway but will not be finalized by the original expiry date (June 30, 2022).
* The ACPEU Council of Ministers delegated powers to the ACPEU Committee of Ambassadors to adopt transitional measures.
**Impact Analysis:**
**European Union:**
* *Impact:* The EU ensures the continuation of its relationship with the ACP States under the existing terms while the new agreement is finalized. The EU's position in the ACPEU Committee of Ambassadors is formally established.
* *Action Required:* The EU representatives in the ACPEU Committee of Ambassadors must advocate for the amendment of Decision No 3/2019 according to the terms outlined in this decision.
**ACP States:**
* *Impact:* The ACP States experience continued cooperation and partnership with the EU without interruption, maintaining the existing legal framework.
* *Action Required:* The ACP States should prepare for the continued application of the existing ACPEU Partnership Agreement's provisions and monitor the progress of the new agreement.
**ACPEU Committee of Ambassadors:**
* *Impact:* The Committee is tasked with amending Decision No 3/2019 to extend the transitional measures.
* *Action Required:* The ACPEU Committee of Ambassadors must formally amend Decision No 3/2019 to extend the application of the ACPEU Partnership Agreement's provisions as specified.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
ACPEU Committee of Ambassadors: A committee within the framework of the ACPEU Partnership Agreement responsible for adopting transitional measures.
ACPEU Partnership Agreement: A partnership agreement between the members of the African, Caribbean and Pacific Group of States and the European Community and its Member States.
ACPEU Council of Ministers: The Council of Ministers within the framework of the ACPEU Partnership Agreement, responsible for delegating powers and adopting transitional measures.
African, Caribbean and Pacific Group of States: A group of countries primarily located in Africa, the Caribbean, and the Pacific, that have a partnership agreement with the European Union.
European Commission: The executive branch of the European Union, responsible for proposing legislation.
Luxembourg: The city in Luxembourg where the agreement was signed.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union.
22.6.2022 EN Official Journal of the European Union L 166/145
COUNCIL DECISION (EU) 2022/970
of 16 June 2022
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 2000and 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 June 2022.
(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 June 2022, 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,
(1) OJ L 317, 15.12.2000, p. 3. The ACP-EU Partnership Agreement was amended by the Agreement signed in Luxembourg on 25 June
2005 (OJ L 209, 11.8.2005, p. 27) and by the Agreement signed in Ouagadougou on 22 June 2010 (OJ L 287, 4.11.2010, p. 3).
(2) Decision No 3/2019 of the ACP-EU Committee of Ambassadors of 17 December 2019 to adopt transitional measures pursuant to
Article 95(4) of the ACP-EU Partnership Agreement (OJ L 1, 3.1.2020, p. 3).
(3) Decision No 1/2019 of the ACP-EU Council of Ministers of 23 May 2019 on the delegation of powers to the ACP-EU Committee of
Ambassadors on the decision to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement
(OJ L 146, 5.6.2019, p. 114).L 166/146 EN Official Journal of the European Union 22.6.2022
HAS ADOPTED THIS DECISION:
Article 1
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
2023, 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.
2. 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 Luxembourg, 16 June 2022.
For the Council
The President
O. DUSSOPT