Date: 2023-12-28Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2023/2861 of 20 July 2023 on the signing, on behalf of the European Union, and provisional application of the Partnership Agreement between the European Union and its Member States, of the one part, and the Members of the Organisation of African, Caribbean and Pacific States, of the other part
**Executive Summary:**
This Council Decision (EU) 2023/2861 authorises the signing and provisional application, on behalf of the European Union, of the Partnership Agreement between the EU and its Member States and the Members of the Organisation of African, Caribbean and Pacific States (OACPS). The decision approves the EU Declaration on means of cooperation and implementation. It specifies which articles will not be applied provisionally and defines the scope of provisional application, entering into force on the day following its adoption on July 20, 2023.
**Key Points / Main Content:**
* **Agreement Authorisation:**
* Authorises the signing of the Partnership Agreement between the EU and its Member States, and the Members of the OACPS.
* Approves the EU Declaration attached to the Decision.
* Authorises the President of the Council to designate persons empowered to sign the Agreement on behalf of the Union.
* **Provisional Application:**
* The Agreement will be applied on a provisional basis between the Union and the OACPS Members, pending completion of procedures for its entry into force.
* Provisional application extends to matters within the Union's competence, including foreign and security policy.
* **Exclusions from Provisional Application:**
* Specific articles in the General Part, Africa Regional Protocol, Caribbean Regional Protocol, and Pacific Regional Protocol are excluded from provisional application.
* Provisions related to foreign investment concerning portfolio investment or any other form of non-direct investment are excluded.
* **Scope of Provisional Application:**
* Part V of the General Part of the Agreement is provisionally applied to the extent that it ensures the provisional application of the Agreement.
* The provisional application does not affect the allocation of competences between the Union and its Member States.
**Impact Analysis**
**European Union:**
* *Impact:* The EU is now authorised to sign and provisionally apply the Partnership Agreement, redefining its relationship with OACPS members and setting new priorities.
* *Action Required:* The President of the Council needs to designate persons empowered to sign the Agreement on behalf of the Union. The EU must also implement the agreement provisionally, adhering to the specified exclusions.
**EU Member States:**
* *Impact:* The signing and provisional application of the Agreement are without prejudice to the exercise by the Member States of their national competences, in particular in the areas of development cooperation, education and migration, in accordance with the Treaties, and does not affect the responsibilities of the Member States in accordance with the Treaties.
* *Action Required:* No specific action is explicitly required; however, Member States must be aware of the agreement's provisions and their national competences.
**Members of the Organisation of African, Caribbean and Pacific States (OACPS):**
* *Impact:* The OACPS members will have a redefined relationship with the EU, with potentially significant implications for cooperation across various policy domains.
* *Action Required:* The OACPS members must prepare for the provisional application of the Agreement and understand the implications for their relationship with the EU.
Key Entities Referenced
European Union: A political and economic alliance of European countries.
Organisation of African, Caribbean and Pacific States: An organisation consisting of African, Caribbean and Pacific countries.
Partnership Agreement between the European Union and its Member States, of the one part, and the Members of the Organisation of African, Caribbean and Pacific States: An agreement between the European Union and the OACPS to strengthen their relationship and cooperation.
Treaty on the Functioning of the European Union: One of the primary treaties forming the constitutional basis of the European Union.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, and managing the EU's budget.
High Representative of the Union for Foreign Affairs and Security Policy: An office holder responsible for representing the EU's foreign policy.
Council of the European Union: One of the main legislative bodies of the European Union.
Brussels: The de facto capital city of the European Union, located in Belgium, where the Council Decision was made.
Official Journal EN
of the European Union L series
2023/2861 28.12.2023
COUNCIL DECISION (EU) 2023/2861
of 20 July 2023
on the signing, on behalf of the European Union, and provisional application of the Partnership
Agreement between the European Union and its Member States, of the one part, and the Members
of the Organisation of African, Caribbean and Pacific States, of the other part
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(5) and Article 218(8), second subparagraph, thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) On 21 June 2018, the Council authorised the Commission and the High Representative of the Union for Foreign
Affairs and Security Policy to open negotiations on, and to negotiate, on behalf of the Union, the provisions that fall
within the competence of the Union of a Partnership Agreement between the European Union and its Member
States, of the one part, and the countries of the African, Caribbean and Pacific Group of States, of the other part.
(2) The negotiations were successfully concluded on 15 April 2021, with the exception of the definition of the parties.
(3) The Partnership Agreement between the European Union and its Member States, of the one part, and the Members
of the Organisation of African, Caribbean and Pacific States, of the other part (‘the Agreement’) reflects both the
historically close relationship and increasingly strong links developing between the Union and its Member States, of
the one part, and the Members of the Organisation of African, Caribbean and Pacific States (‘OACPS Members’), of
the other part, and their desire to further strengthen and extend their relations in an ambitious and innovative way.
The Agreement redefines the relationship between the Union and its Member States and the OACPS Members,
including the priorities and working methods in the different policy domains which the Agreement covers.
(4) The Agreement should be signed and the attached EU Declaration on means of cooperation and implementation be
approved.
(5) The Agreement should, in part, be applied on a provisional basis between the Union and the OACPS Members,
pending the completion of the procedures necessary for its entry into force.
(6) The signing and provisional application of the Agreement is without prejudice to the exercise by the Member States
of their national competences, in particular in the areas of development cooperation, education and migration, in
accordance with the Treaties, and does not affect the responsibilities of the Member States in accordance with the
Treaties,
HAS ADOPTED THIS DECISION:
Article 1
The signing on behalf of the Union of the Partnership Agreement between the European Union and its Member States, of
the one part, and the Members of the Organisation of African, Caribbean and Pacific States, of the other part (‘the
Agreement’) is hereby authorised, subject to the conclusion of the said Agreement(1).
(1) The text of the Agreement is published in OJ L, 2023/2862, 28.12.2023, ELI: http://data.europa.eu/eli/agree_internation/2023/2862/oj
ELI: http://data.europa.eu/eli/dec/2023/2861/oj 1/3EN
OJ L, 28.12.2023
Article 2
The Declaration attached to this Decision shall be approved on behalf of the Union.
Article 3
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of
the Union.
Article 4
1. Pending the completion of the procedures necessary for the entry into force of the Agreement, and in accordance
with Article 98(4) thereof, the Agreement shall be applied on a provisional basis(2) between the Union and the OACPS
Members, to the extent that its provisions cover matters falling within the Union’s competence, including matters falling
within the Union’s competence to define and implement a common foreign and security policy, and are applicable to the
Union.
2. Notwithstanding paragraph 1 of this Article, the following shall not be applied on a provisional basis:
(a) in the General Part:
— Article 12(4) and (6), to the extent that it concerns tax revenue collection;
— Article 17(4), the last sentence, to the extent that it concerns military expenditure;
— Article 22(2), the third sentence;
— Article 29(2);
— Article 32(1), point (b), and Article 32(2), the last sentence;
— Article 64(1), the last sentence;
— Article 67(2);
— Article 85(1), the first sentence, and Article 85(4);
(b) in the Africa Regional Protocol:
— Article 9(1), the last sentence;
— Article 58(5), the first sentence;
— Article 67(2), the last sentence, and Article 67(4), the last sentence;
— Article 68(4), to the extent that it concerns penitentiary systems;
— Article 72(1), to the extent that it concerns public debt management;
— Article 76(2);
(c) in the Caribbean Regional Protocol:
— Article 33(4);
— Article 34(2);
— Article 35, to the extent that it concerns public debt management;
— Article 36(3), the first sentence;
— Article 51(5), the first sentence;
(d) in the Pacific Regional Protocol:
— Article 18;
(2) The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by the
General Secretariat of the Council.
2/3 ELI: http://data.europa.eu/eli/dec/2023/2861/ojEN
OJ L, 28.12.2023
— Article 26(4), to the extent that it concerns the increase in routes and frequency of air services;
— Article 40(3), to the extent that it concerns penitentiary systems;
— Article 41(1), to the extent that it concerns public debt management.
3. Notwithstanding paragraph 1, provisions related to foreign investment shall not be applied on a provisional basis, to
the extent that they concern portfolio investment or any other form of non-direct investment.
4. Notwithstanding paragraph 1, Part V of the General Part of the Agreement shall be applied provisionally to the extent
that the provisions of that Part are limited to the purpose of ensuring the provisional application of the Agreement as
defined in this Article.
5. The provisional application of parts of the Agreement is without prejudice to the allocation of competences between
the Union and its Member States in accordance with the Treaties.
Article 5
This Decision shall enter into force on the day following that of its adoption.
Done at Brussels, 20 July 2023.
For the Council
The President
J. BORRELL FONTELLES
ELI: http://data.europa.eu/eli/dec/2023/2861/oj 3/3