Annexes to COM(2010)89 - EU position within the ACP-EC Council of Ministers concerning the accession of South Africa to the revised ACP-EC Partnership Agreement

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ANNEX

Draft

Decision of the ACP-EC Council of Ministers concerning the accession of the Republic of South Africa to the revised ACP-EC Partnership Agreement

THE ACP-EC COUNCIL OF MINISTERS,

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States (hereinafter called the ‘ACP’) of the one part, and the European Community and its Member States, of the other part, signed in Cotonou (Benin) on 23 June 2000 and revised in Luxembourg (Grand Duchy of Luxembourg) on 25 June 2005 (hereinafter called the ‘ACP-EC Agreement’),[1] and in particular Article 94 (1) thereof,

Whereas:

6. In accordance with its Article 93, paragraph 3, the revised ACP-EC Agreement entered into force on 1 July 2008.

7. South Africa, having signed the revised ACP-EC Agreement on 25 June 2005, did not deposit an instrument of ratification under the terms of Article 93, paragraph 4, by the deadline of 30 June 2009.

8. Article 94 of the revised ACP-EC Agreement stipulates that any request for accession by a State is to be presented to, and approved by, the ACP-EC Council of Ministers.

9. South Africa presented a request for accession to the ACP-EC Agreement on 23 November 2009.

10. In accordance with its Rules of Procedure, the ACP-EC Council of Ministers established under the Agreement may approve a request for accession by written procedure,

HAS DECIDED AS FOLLOWS:

Article 1 Approval of request for accession

The request of the Republic of South Africa to accede 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 (Benin) on 23 June 2000 and revised in Luxembourg (Grand Duchy of Luxembourg) on 25 June 2005, is herewith approved.

Article 2 Entry into force

This Decision shall enter into force on the day following its adoption.

Done at Brussels, […]

For the ACP-EC Council of Ministers

The President

[1] OJ L 209, 11.08.2005; OJ L 287, 28.10.2005.