Date: 2021-08-12Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision No 1/2021 of the ACP-EU Committee of Ambassadors of 29 June 2021 to amend Decision No 3/2016 of the ACP-EU Committee of Ambassadors on the Centre for the Development of Enterprise [2021/1330]
Executive Summary:
This decision, adopted by the ACPEU Committee of Ambassadors on June 29, 2021, amends Decision No 3/2016 regarding the Centre for the Development of Enterprise (CDE). The amendment ensures the continuity of the CDE's passive phase, which involves settling liabilities and realizing assets, under the management of a Curator. This decision is applied retroactively from January 1, 2021, and extends the passive phase until the CDE's liabilities are settled and assets realized.
Key Points / Main Content:
Amendment of Decision No 3/2016:
* Article 21 of Decision No 3/2016 is replaced.
Curator Responsibilities:
* The European Commission will contract a Curator to ensure the implementation of the passive phase.
* The Curator is responsible for the passive phase from January 1, 2017, until all CDE liabilities are settled and assets realized.
Effective Date:
* The amendment applies as of January 1, 2021.
* The decision enters into force on June 29, 2021.
Impact Analysis:
European Commission:
* Impact: Responsible for contracting a Curator to manage the CDE's passive phase.
* Action Required: Contract a Curator to oversee the settlement of liabilities and realization of assets.
Curator:
* Impact: Responsible for ensuring the implementation of the passive phase of CDE.
* Action Required: Manage the CDE's passive phase until all liabilities are settled and assets are realized.
Key Entities Referenced
ACPEU Committee of Ambassadors: A committee consisting of representatives from the African, Caribbean and Pacific Group of States and the European Union, responsible for making decisions related to the Partnership Agreement.
Decision No 12021 of the ACPEU Committee of Ambassadors: A decision made by the ACPEU Committee of Ambassadors on June 29, 2021, to amend Decision No 3/2016 regarding the Centre for the Development of Enterprise.
Decision No 3/2016: A decision of the ACPEU Committee of Ambassadors that amended Annex III to the ACPEU Partnership Agreement, introducing changes and maintaining the legal personality of the CDE for liquidation purposes.
Centre for the Development of Enterprise (CDE): An organization that is undergoing a passive phase of liquidation, managed by a Curator, according to Decision No 3/2016.
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.
African, Caribbean and Pacific Group of States: A group of countries primarily from Africa, the Caribbean, and the Pacific that have a partnership agreement with the European Union.
European Union: A political and economic union of member states located primarily in Europe.
Brussels: The city where the decision was adopted.
12.8.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 290/1
II
(Non-legislative acts)
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 1/2021 OF THE ACP-EU COMMITTEE OF AMBASSADORS
of 29 June 2021
to amend Decision No 3/2016 of the ACP-EU Committee of Ambassadors on the Centre for the
Development of Enterprise [2021/1330]
THE ACP-EU COMMITTEE OF AMBASSADORS,
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, signed in Cotonou on
23 June 2000(1),
Whereas:
(1) Article 15(4) of 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, signed in Cotonou
on 23 June 2000(2)(the ‘ACP-EU Partnership Agreement’) states that the ACP-EU Council of Ministers may delegate
powers to the ACP-EU Committee of Ambassadors.
(2) At its 39th session held on 19 and 20 June 2014 in Nairobi, the ACP-EU Council of Ministers agreed, in a Joint
Declaration, to proceed with the orderly closing of the Centre for the Development of Enterprise (CDE). For that
purpose, the ACP-EU Council of Ministers decided to grant a delegation of powers to the ACP-EU Committee of
Ambassadors to take the matter forward with a view to adopting the necessary decisions.
(3) On 12 July 2016, the ACP-EU Committee of Ambassadors adopted Decision No 3/2016(3)amending Annex III to
the ACP-EU Partnership Agreement to introduce the necessary changes, establish the new legal framework of the
CDE as from 1 January 2017, and maintain the legal personality of the CDE, solely for the purposes of its
liquidation, as from that date.
(4) Pursuant to Article 2(1) of Decision No 3/2016, a Curator is to ensure the implementation of the passive phase, in
which the CDE is to solely exist for the purposes of its liquidation, as from 1 January 2017for a period of 4 years
or until the CDE has settled all its liabilities and realised all its assets, whichever happens earlier.
(5) By 31 December 2020, the CDE had not settled all its liabilities and realised all its assets. It is therefore necessary to
amend Decision No 3/2016 to ensure the proper implementation of the passive phase under the Curator’s
management and to end that phase. In order to ensure continuity of the passive phase, the amendment of Decision
No 3/2016 should apply as of 1 January 2021,
(1) OJ L 317, 15.12.2000, p. 3.
(2) 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, signed in Cotonou on 23 June 2000 (OJ L 317, 15.12.2000, p. 3).
(3) Decision No 3/2016 of the ACP-EU Committee of Ambassadors of 12 July 2016 regarding the revision of Annex III to the ACP-EU
Partnership Agreement [2016/1163] (OJ L 192, 16.7.2016, p. 77).L 290/2 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 12.8.2021
HAS ADOPTED THIS DECISION:
Article 1
Article 2(1) of Decision No 3/2016 of the ACP-EU Committee of Ambassadors shall be replaced by the following:
‘1. The European Commission shall contract a Curator to ensure the implementation of the passive phase as from
1 January 2017until the CDE has settled all its liabilities and realised all its assets.’.
Article 2
Article 1 shall apply as of 1 January 2021.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 29 June 2021.
For the ACP-EU Council of Ministers
by the ACP-EU Committee of Ambassadors
The President
Moses Kouni MOSE