Date: 2023-10-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2023/2428 of 23 October 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) 2023/2428 establishes the EU's position within the ACPEU Committee of Ambassadors regarding the amendment of Decision No 3/2019. The amendment extends the application of the ACPEU Partnership Agreement provisions until December 31, 2023, to maintain continuity in relations pending the new ACPEU Partnership Agreement, which is scheduled for signature on November 15, 2023. The decision was adopted on October 23, 2023, and is effective immediately.
Key Points / Main Content:
* **Purpose:** To define the EU's stance on amending ACPEU Committee of Ambassadors' Decision No 3/2019.
* **Context:** The ACPEU Partnership Agreement requires transitional measures until a new agreement is in force. Negotiations for a new ACPEU Partnership Agreement began in September 2018, with the signing scheduled for November 15, 2023.
* **Extension of Application:** The EU's position is to extend the application of the ACPEU Partnership Agreement provisions until December 31, 2023.
* **Continuity of Relations:** The extended application aims to maintain consistent relations between the EU and ACP States.
* **Consistency with Article 954:** The provisions of the ACPEU Partnership Agreement shall be applied in line with the purpose and objective of Article 954.
Impact Analysis:
* European Union:
* Impact: The EU needs to coordinate its position within the ACPEU Committee of Ambassadors to ensure the extension of the ACPEU Partnership Agreement.
* Action Required: To advocate for the amendment of Decision No 3/2019 to extend the agreement's provisions until December 31, 2023.
* African, Caribbean, and Pacific Group of States (ACP States):
* Impact: The ACP States will see a continuation of the existing partnership agreement terms.
* Action Required: To continue to adhere to the provisions of the ACPEU Partnership Agreement until December 31, 2023.
* ACPEU Committee of Ambassadors:
* Impact: The Committee 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.
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: The Partnership Agreement between the members of the African, Caribbean and Pacific Group of States and the European Community and its Member States, signed in Cotonou.
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 institution 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 developing countries in Africa, the Caribbean, and the Pacific with special relations with the European Union.
Cotonou: City in Benin, where the ACPEU Partnership Agreement was signed
Luxembourg: City in Luxembourg, where the decision was adopted
Official Journal EN
of the European Union L series
2023/2428 27.10.2023
COUNCIL DECISION (EU) 2023/2428
of 23 October 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 31 October 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
be signed on 15 November 2023 by the European Union and its Members States and the Members of the
Organisation of African, Caribbean and Pacific States. Pursuant to Article 98(4) of the new Agreement, its
provisional application is to commence on the first day of the second month after the date of signature of that
Agreement. 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).
ELI: http://data.europa.eu/eli/dec/2023/2428/oj 1/2EN
OJ L, 27.10.2023
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 the ACP-EU Committee of
Ambassadors in order to extend the application of the provisions of the ACP-EU Partnership Agreement until
31 December 2023.
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, 23 October 2023.
For the Council
The President
J. BORRELL FONTELLES
2/2 ELI: http://data.europa.eu/eli/dec/2023/2428/oj