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Date: 1-Jul-2024 Category: Not Applicable State: Union Government Country: Europe

Council Decision (EU) 2024/1647 of 30 May 2024 on the conclusion, on behalf of the Union, of the Economic Partnership Agreement between the European Union, of the one part, and the Republic of Kenya, Member of the East African Community, of the other part

Issued by Council of the European Union · Not Applicable

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Executive Summary & Key Takeaways

Key Changes

  • The EU-EAC EPA was initialled on 16 October 2014 but has not entered into force because not all EAC members have signed and ratified it.
  • Kenya signed and ratified the EU-EAC EPA on 1 September and 28 September 2016, respectively.
  • The decision formally approves the Economic Partnership Agreement between the EU and Kenya.
  • The President of the Council is authorized to provide notification as per Article 139(3) of the Agreement.
  • The Agreement will not be construed as creating directly invocable rights or obligations in Union or Member State courts.
  • The decision entered into force on the date of its adoption, May 30, 2024.
  • On 27 February 2021, the EAC Summit authorized individual EAC members to proceed with the bilateral implementation of the EU-EAC EPA under the principle of ‘variable geometry’.

What it means

  • The Council Decision (EU) 2024/1647 approves the Economic Partnership Agreement (EPA) between the European Union and the Republic of Kenya, a member of the East African Community (EAC), on behalf of the Union.

Impact Analysis

Stakeholders: EU Businesses

  • Action Items: EU businesses should analyze the terms of the EPA to identify opportunities for trade and investment in Kenya. They should also monitor the implementation of the agreement to ensure that its benefits are realized.

Stakeholders: Kenyan Businesses

  • Action Items: Kenyan businesses should prepare to meet EU standards and regulations to take advantage of export opportunities. They should also assess their competitiveness in the face of increased competition from EU businesses.

Stakeholders: EU and Kenyan Consumers

  • Action Items: Consumers should be informed about the benefits of the EPA and its potential impact on prices and product availability.

Stakeholders: Other EAC Member States

  • Action Items: Other EAC member states should assess the potential impact of the EPA on their economies and consider whether to join the agreement or pursue alternative trade arrangements.

Legal and Regulatory

  • Action Items: Legal and regulatory frameworks should be reviewed and updated to ensure compliance with the terms of the EPA.

Key Entities Referenced

European Union: One of the parties to the Economic Partnership Agreement. Republic of Kenya: A member of the East African Community and one of the parties to the Economic Partnership Agreement. East African Community (EAC): A regional intergovernmental organisation of which Kenya is a member. Other members include the Republic of Burundi, the Republic of Rwanda, the United Republic of Tanzania and the Republic of Uganda. Council of the European Union: The EU institution that adopted the decision to approve the EPA. European Commission: The EU institution that proposed the EPA and conducted the negotiations. European Parliament: The EU institution that gave its consent to the EPA. Council Decision (EU) 2023/2853: Council Decision (EU) 2023/2853 of 12 December 2023 on the signing, on behalf of the Union, of the Economic Partnership Agreement between the European Union, of the one part, and the Republic of Kenya, Member of the East African Community, of the other part. Economic Partnership Agreement (EPA): The trade agreement between the European Union and the Republic of Kenya.
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Official Journal EN of the European Union L series 2024/1647 1.7.2024 COUNCIL DECISION (EU) 2024/1647 of 30 May 2024 on the conclusion, on behalf of the Union, of the Economic Partnership Agreement between the European Union, of the one part, and the Republic of Kenya, Member of the East African Community, 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 207(4), first subparagraph, in conjunction with Article 218(6), point (a)(v) thereof, Having regard to the proposal from the European Commission (1), Having regard to the consent of the European Parliament (2), Whereas: (1) On 12 June 2002, the Council authorised the Commission to open negotiations on behalf of the Union for Economic Partnership Agreements (EPA) with the African, Caribbean and Pacific Group of States. (2) The negotiations between the Union and the East African Community (EAC) Partner States (the Republic of Burundi, the Republic of Kenya, the Republic of Rwanda, the United Republic of Tanzania and the Republic of Uganda) for an EU-EAC EPA were concluded 14 October 2014 and the EU-EAC EPA was initialled on 16 October 2014. (3) The Republic of Kenya (‘Kenya’) signed and ratified the EU-EAC EPA on 1 September and 28 September 2016, respectively. For the EU-EAC EPA to enter into force, all EAC members need to sign and ratify it. To this date, the signature and ratification of the other EAC members are still pending, thus preventing the EU-EAC EPA from entering into force. (4) On 19 December 2019, the Council updated the Commission’s negotiating directives of 2002 by including the conclusion of a chapter on trade and sustainable development in EPAs. (5) On 27 February 2021, the EAC Summit authorised individual EAC members to proceed with the bilateral implementation of the EU-EAC EPA under the principle of ‘variable geometry’. On 4 May 2021, Kenya notified the Commission of its request to move forward in that sense. (6) On 17 February 2022, the Union and Kenya signed a Joint Statement on the margins of the EU-African Union Summit agreeing to advance the negotiations on an EPA between the Union and Kenya (‘the Agreement’), which is to remain open for accession by other EAC Partner States. (7) On 24 May 2023, the negotiations for the Agreement were successfully concluded. (8) In accordance with Council Decision (EU) 2023/2853 (3), the Agreement was signed on 18 December 2023, subject to its conclusion at a later date. (9) The Agreement should be approved on behalf of the European Union, HAS ADOPTED THIS DECISION: Article 1 The Economic Partnership Agreement between the European Union, of the one part, and the Republic of Kenya, Member of the East African Community, of the other part (4) (‘the Agreement’), is hereby approved on behalf of the Union. (1) Not yet published in the Official Journal. (2) The European Parliament gave its consent on 29 February 2024. (3) Council Decision (EU) 2023/2853 of 12 December 2023 on the signing, on behalf of the Union, of the Economic Partnership Agreement between the European Union, of the one part, and the Republic of Kenya, Member of the East African Community, of the other part (OJ L, 2023/2853, 19.12.2023, ELI: http://data.europa.eu/eli/dec/2023/2853/oj). (4) The text of the Agreement is published in OJ L, 2024/1648, 1.7.2024, ELI: http://data.europa.eu/eli/agree_internation/2024/ 1648/oj. ELI: http://data.europa.eu/eli/dec/2024/1647/oj 1/2EN OJ L, 1.7.2024 Article 2 The President of the Council shall, on behalf of the Union, give the notification provided for in Article 139(3) of the Agreement (5). Article 3 The Agreement shall not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts or tribunals. Article 4 This Decision shall enter into force on the date of its adoption. Done at Brussels, 30 May 2024. For the Council The President H. LAHBIB (5) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council. 2/2 ELI: http://data.europa.eu/eli/dec/2024/1647/oj

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