Date: 2023-07-03Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2023/1345 of 26 June 2023 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 (EU) 2023/1345 establishes the EU's position within the ACPEU Committee of Ambassadors regarding the extension of transitional measures under Article 954 of the ACPEU Partnership Agreement. The aim is to ensure continued application of the agreement's provisions until either the new ACPEU Partnership Agreement comes into force, is provisionally applied, or until October 31, 2023, whichever occurs first. The decision was adopted on June 26, 2023, and is effective immediately.
**Key Points / Main Content:**
* **Extension of Transitional Measures:**
* Decision No 3/2019 of the ACPEU Committee of Ambassadors is to be amended.
* The application of the ACPEU Partnership Agreement provisions is extended.
* The extension is valid until October 31, 2023, or until the new ACPEU Partnership Agreement comes into force or is provisionally applied, whichever is earlier.
* **Legal Basis and Purpose:**
* The decision is based on Article 954 of the ACPEU Partnership Agreement.
* The extension aims to maintain continuity in relations between the EU and ACP States.
* The amended transitional measures are not intended as amendments to the ACPEU Partnership Agreement.
* **EU Position:**
* The EU's position within the ACPEU Committee of Ambassadors is to support the amendment of Decision No 3/2019.
* The provisions of the ACPEU Partnership Agreement shall be applied in line with the purpose and objective of Article 954 thereof.
**Impact Analysis:**
* **European Union:**
* *Impact:* The EU ensures the continuation of its partnership with the ACP States, avoiding a legal vacuum during the negotiation and ratification of the new agreement.
* *Action Required:* To advocate for the amendment of Decision No 3/2019 within the ACPEU Committee of Ambassadors as outlined in this decision.
* **ACP States:**
* *Impact:* The ACP States benefit from the continued application of the ACPEU Partnership Agreement, maintaining existing cooperation frameworks and avoiding disruption in their relationship with the EU.
* *Action Required:* To engage in the ACPEU Committee of Ambassadors to implement the extended transitional measures.
* **ACPEU Committee of Ambassadors:**
* *Impact:* The ACPEU Committee of Ambassadors is tasked with amending Decision No 3/2019.
* *Action Required:* To formally amend Decision No 3/2019 to extend the application of the ACPEU Partnership Agreement provisions as specified in the EU position.
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.
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.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, defining its scope and functioning.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's budget.
African, Caribbean and Pacific Group of States: A group of African, Caribbean, and Pacific countries, most of which were formerly colonies of European states.
Cotonou: City in Benin, where the ACPEU Partnership Agreement was signed.
Luxembourg: City in Luxembourg, where the Council Decision was adopted.
L 168/34 EN Official Journal of the European Union 3.7.2023
COUNCIL DECISION (EU) 2023/1345
of 26 June 2023
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 2023.
(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 2023, 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).3.7.2023 EN Official Journal of the European Union L 168/35
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 31 October
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, 26 June 2023.
For the Council
The President
J. BORRELL FONTELLES