Date: 2019-06-05Category: Not ApplicableState: Union GovernmentCountry: Europe
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 [2019/920]
**Summary:**
On May 23, 2019, the ACPEU Council of Ministers adopted Decision No 1/2019, concerning the delegation of powers to the ACPEU Committee of Ambassadors regarding the adoption of transitional measures as outlined in Article 954 of the ACPEU Partnership Agreement. This decision was made because the existing ACPEU Partnership Agreement, set to expire on February 29, 2020, may not be replaced by a new agreement in time. Negotiations for a new agreement began in September 2018. As the ACPEU Council of Ministers will not meet again before the expiry date and transitional measures have not yet been agreed upon, the Council delegated the authority to adopt these necessary transitional measures to the ACPEU Committee of Ambassadors to ensure timely action. The legal basis for this delegation is Article 154 of the ACPEU Partnership Agreement. The decision took effect on the date of its adoption.
Key Entities Referenced
ACPEU Council of Ministers: The Council of Ministers of the African, Caribbean and Pacific Group of States and the European Union, responsible for making decisions related to the ACPEU Partnership Agreement.
ACPEU Committee of Ambassadors: A committee representing the African, Caribbean and Pacific Group of States and the European Union, delegated with powers by the ACPEU Council of Ministers.
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.
Article 954 of the ACPEU Partnership Agreement: Article within the ACPEU Partnership Agreement concerning transitional measures for when a new agreement is not ready.
Article 154 of the ACPEU Partnership Agreement: Article within the ACPEU Partnership Agreement that allows the ACPEU Council of Ministers to delegate powers to the ACPEU Committee of Ambassadors.
African, Caribbean and Pacific Group of States: A group of states that has a partnership agreement with the European Community and its Member States.
European Community: One of the pillars of the European Union until it was absorbed in 2009, and a party to the ACPEU Partnership Agreement.
Brussels: City in Belgium, where the ACPEU Council of Ministers meeting was held and where the decision was made.
L 146/114 EN Official Journal of the European Union 5.6.2019
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
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 [2019/920]
THE ACP-EU COUNCIL OF MINISTERS,
Having regard to 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), and in particular
Article 15(4) thereof,
Whereas:
(1) The Partnership Agreement between the members of the African, Caribbean and Pacific Group of States (‘ACP’) of
the one part, and the European Community and its Member States, of the other part (‘the ACP-EU Partnership
Agreement’) is to be applied until 29 February 2020.
(2) In accordance with the first subparagraph of Article 95(4) of the of the ACP-EU Partnership Agreement,
negotiations towards a new ACP-EU Partnership Agreement were launched in September 2018. In case the new
Agreement is not ready to be applied by the expiry date of the current legal framework, it is necessary to adopt
transitional measures.
(3) The second subparagraph of Article 95(4) of the ACP-EU Partnership Agreement provides for the 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, the ACP-EU Council of Ministers may adopt
a decision to delegate powers to the ACP-EU Committee of Ambassadors, including the power to adopt the
decision on transitional measures.
(5) The ACP-EU Council of Ministers is to have its yearly ordinary meeting on 23-24 May 2019 in Brussels. The
transitional measures have not been agreed and can therefore not be adopted by the ACP-EU Council of Ministers
at its ordinary meeting. As no further meetings of the ACP-EU Council of Ministers are foreseen before the expiry
of the ACP-EU Partnership Agreement, in order to ensure that the decision on transitional measures is taken in
a timely manner, it is necessary that the decision to adopt transitional measures pursuant to Article 95(4) of the
ACP-EU Partnership Agreement, be delegated to the ACP-EU Committee of Ambassadors,
HAS ADOPTED THIS DECISION:
Article 1
The ACP-EU Council of Ministers hereby delegates powers to the ACP-EU Committee of Ambassadors, in accordance
with Article 15(4) of the ACP-EU Partnership Agreement, on the decision to adopt, pursuant to Article 95(4) of the
ACP-EU Partnership agreement, any transitional measures that may be required until the new Agreement comes into
force.
(1) OJ L 317, 15.12.2000, p. 3.5.6.2019 EN Official Journal of the European Union L 146/115
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 23 May 2019.
For the ACP-EU Council of Ministers
The President
Tjekero TWEYA