Date: 2020-12-14Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision No 2/2020 of the ACP-EU Committee of Ambassadors of 4 December 2020 to amend 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 [2020/2052]
Executive Summary:
This decision by the ACPEU Committee of Ambassadors amends Decision No 3/2019, extending the application of the ACPEU Partnership Agreement's provisions until 30 November 2021, or until the new agreement comes into force, whichever is earlier. This extension is necessary because the new ACPEU Partnership Agreement will not be ready by the original expiry date of 31 December 2020, due to delays including those caused by the COVID-19 pandemic. The decision takes effect on 1 January 2021.
Key Points / Main Content:
* **Extension of ACPEU Partnership Agreement:**
* Decision No 3/2019 is amended to extend the application of the ACPEU Partnership Agreement beyond 31 December 2020.
* The provisions of the ACPEU Partnership Agreement will now apply until 30 November 2021.
* The agreement will cease to apply before 30 November 2021 if the new ACPEU Partnership Agreement comes into force earlier.
* The agreement will cease to apply before 30 November 2021 if the provisional application between the Union and the ACP States of the new Agreement occurs earlier.
* **Purpose of Extension:**
* To maintain continuity in relations between the Union and its Member States and the ACP States.
* The extension is not intended as an amendment to the ACPEU Partnership Agreement.
* **Effective Date:**
* This decision comes into force on 1 January 2021.
Impact Analysis
* **Union and its Member States:**
* Impact: Continued application of the ACPEU Partnership Agreement ensures ongoing cooperation and relations with ACP States.
* Action Required: Continue to apply the provisions of the ACPEU Partnership Agreement until 30 November 2021, or until the new agreement comes into force.
* **ACP States:**
* Impact: Continued application of the ACPEU Partnership Agreement ensures ongoing cooperation and relations with the Union and its Member States.
* Action Required: Continue to adhere to the provisions of the ACPEU Partnership Agreement until 30 November 2021, or until the new agreement comes into force.
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 adopting transitional measures.
ACPEU Partnership Agreement: The agreement between the members of the African, Caribbean and Pacific Group of States and the European Community and its Member States.
ACPEU Council of Ministers: The council consisting of ministers from the African, Caribbean and Pacific Group of States and the European Union.
COVID19 pandemic: The global pandemic of Coronavirus disease 2019 that caused delays in the negotiations of the new ACPEU Partnership Agreement.
Decision No 32019 of the ACPEU Committee of Ambassadors: A decision by the ACPEU Committee of Ambassadors to adopt transitional measures pursuant to Article 954 of the ACPEU Partnership Agreement.
European Union: A political and economic union of member states located primarily in Europe.
African, Caribbean and Pacific Group of States: A group of African, Caribbean, and Pacific states with a partnership agreement with the European Union.
Brussels: The city where the decision was made, located in Belgium.
L 420/32 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 an Union 14.12.2020
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 2/2020 OF THE ACP-EU COMMITTEE OF AMBASSADORS
of 4 December 2020
to amend 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 [2020/2052]
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(1) (the ‘ACP-EU Partnership
Agreement’), and in particular Article 15(4) and Article 16(2), in conjunction with Article 95(4) thereof,
Whereas:
(1) The ACP-EU Partnership Agreement was signed in Cotonou on 23 June 2000 and entered into force on 1 April
2003. In accordance with Decision No 3/2019 of the ACP-EU Committee of Ambassadors(2) (‘decision on
transitional measures’) it is to be applied until 31 December 2020.
(2) In accordance with the first subparagraph of Article 95(4) of the ACP-EU Partnership Agreement, negotiations
towards a new ACP-EU Partnership Agreement (the ‘new Agreement’) were launched in September 2018. As the
new Agreement will not be ready to be applied by 31 December 2020, the date of expiry of the current legal
framework, due, amongst other things, to delays caused by the COVID-19 pandemic, it is necessary to amend the
decision on transitional measures to further extend the application of the provisions of the ACP-EU Partnership
Agreement until 30 November 2021.
(3) The second subparagraph of Article 95(4) 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).
(5) It is therefore appropriate that the ACP-EU Committee of Ambassadors adopt a decision, pursuant to Article 95(4) of
the ACP-EU Partnership Agreement, to amend Decision No 3/2019 of the ACP-EU Committee of Ambassadors in
order to extend the application of the provisions of the ACP-EU Partnership Agreement until 30 November 2021,
or until the entry into force of the new Agreement, or the provisional application between the Union and the ACP
States of the new Agreement, whichever comes first.
(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).14.12.2020 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 420/33
HAS ADOPTED THIS DECISION:
Article 1
In Article 1 of Decision No 3/2019 of the ACP-EU Committee of Ambassadors the date ‘31 December 2020’ shall be
replaced by that of ‘30 November 2021’.
Article 2
This Decision shall enter into force on 1 January 2021.
Done at Brussels, 4 December 2020.
For the ACP-EU Council of Ministers
By the ACP-EU Committee of Ambassadors
The President
Michael CLAUSS