Date: 2023-10-31Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision No 2/2023 of the ACP-EU Committee of Ambassadors of 25 October 2023 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 [2023/2453]
Executive Summary:
This decision amends Decision No 3/2019 of the ACPEU Committee of Ambassadors to extend transitional measures under Article 954 of the ACPEU Partnership Agreement. It extends the application of the ACPEU Partnership Agreement provisions until December 31, 2023, to maintain continuity in relations pending the new agreement's entry into force. The decision enters into force on November 1, 2023.
Key Points / Main Content:
* **Extension of Transitional Measures:**
* Extends the application of the ACPEU Partnership Agreement provisions.
* Extends the application until December 31, 2023.
* Amends Article 1 of Decision No 3/2019, replacing the date "31 October 2023" with "31 December 2023".
* **Legal Basis and Context:**
* Based on Article 954 of the ACPEU Partnership Agreement.
* Negotiations for a new ACPEU Partnership Agreement were launched in September 2018.
* The new agreement will be signed on November 15, 2023.
* The provisional application of the new agreement is set to commence on the first day of the second month after signing.
* **Delegation of Powers:**
* The ACPEU Council of Ministers delegated powers to the ACPEU Committee of Ambassadors to adopt transitional measures.
* **Purpose of the Extension:**
* Maintains continuity in relations between the EU and its Member States and the ACP States.
* The amended transitional measures are not intended as amendments to the ACPEU Partnership Agreement.
Impact Analysis:
* African, Caribbean and Pacific Group of States (ACP):
* Impact: Continued application of the ACPEU Partnership Agreement provisions ensures ongoing relations with the EU and its Member States.
* Action Required: Continue adhering to the provisions of the ACPEU Partnership Agreement until December 31, 2023.
* European Union and its Member States:
* Impact: Continued application of the ACPEU Partnership Agreement provisions ensures ongoing relations with the ACP States.
* Action Required: Continue adhering to the provisions of the ACPEU Partnership Agreement until December 31, 2023.
* ACPEU Committee of Ambassadors:
* Impact: Responsible for implementing the decision to extend the transitional measures.
* Action Required: Ensure the extension of the ACPEU Partnership Agreement provisions is effectively implemented until December 31, 2023.
Key Entities Referenced
ACPEU Committee of Ambassadors: The decision-making body responsible for adopting transitional measures related to the ACPEU Partnership Agreement.
ACPEU Partnership Agreement: A partnership agreement between the members of the African, Caribbean and Pacific Group of States and the European Community and its Member States.
European Union: A political and economic union of member states located primarily in Europe.
Organisation of African, Caribbean and Pacific States: An organization of states from Africa, the Caribbean, and the Pacific.
ACPEU Council of Ministers: The council responsible for delegating powers to adopt transitional measures to the ACPEU Committee of Ambassadors.
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.
Cotonou: The city in Benin where the ACPEU Partnership Agreement was signed on 23 June 2000.
Luxembourg: The city in Luxembourg where the ACPEU Partnership Agreement was amended on 25 June 2005.
Official Journal EN
of the European Union L series
2023/2453 31.10.2023
DECISION No 2/2023 OF THE ACP-EU COMMITTEE OF AMBASSADORS
of 25 October 2023
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 [2023/2453]
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), and in particular Article 15(4) and
Article 16(2) in conjunction with Article 95(4) thereof,
Whereas:
(1) 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 (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)(the ‘decision on transitional measures’), it is to be applied
until 31 October 2023.
(2) Pursuant to Article 95(4), first subparagraph, of the ACP-EU Partnership Agreement, negotiations towards a new
ACP-EU Partnership Agreement (the ‘new Agreement’) were launched in September 2018. The new Agreement will
be signed on 15 November 2023 by the European Union and its Members States and the Members of the
Organisation of African, Caribbean and Pacific States. Pursuant to Article 98(4) of the new Agreement, its
provisional application is to commence on the first day of the second month after the date of signature of that
Agreement. It is therefore necessary to amend the decision on transitional measures to further extend the
application of the provisions of the ACP-EU Partnership Agreement.
(3) Article 95(4), second subparagraph, 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 the decision on transitional measures in order to extend the
application of the provisions of the ACP-EU Partnership Agreement until 31 December 2023.
(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).
ELI: http://data.europa.eu/eli/dec/2023/2453/oj 1/2EN
OJ L, 31.10.2023
HAS ADOPTED THIS DECISION:
Article 1
In Article 1 of Decision No 3/2019 of the ACP-EU Committee of Ambassadors, the date ‘31 October 2023’ shall be
replaced by that of ‘31 December 2023’.
Article 2
This Decision shall enter into force on 1 November 2023.
Done at Brussels, 25 October 2023.
For the ACP-EU Council of Ministers
By the ACP-EU Committee of Ambassadors
The President
Marcos ALONSO ALONSO
2/2 ELI: http://data.europa.eu/eli/dec/2023/2453/oj