Annexes to COM(2010)619 - EU position within the ACP-EU Council of Ministers concerning the status of Equatorial Guinea in relation to the revised ACP-EC Partnership Agreement

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dossier COM(2010)619 - EU position within the ACP-EU Council of Ministers concerning the status of Equatorial Guinea in relation to the revised ...
document COM(2010)619 EN
date November  5, 2010
ANNEX

Draft Decision of the ACP-EU Council of Ministers concerning the status of Equatorial Guinea in relation to the revised ACP-EC Partnership Agreement

THE ACP-EU COUNCIL OF MINISTERS,

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States (hereinafter referred to as the “ACP”), on the one hand, and the European Community and its Member States, on the other, signed in Cotonou (Benin) on 23 June 2000 and revised in Luxembourg (Grand Duchy of Luxembourg) on 25 June 2005 (hereinafter referred to as the “ACP-EC Agreement”)[1] and, in particular, Article 15(3) and (4) thereof.

Having regard to Decision No 1/2005 of 8 March 2005 of the ACP-EU Council of Ministers concerning the adoption of the Rules of Procedure of the ACP-EU Council of Ministers and, in particular, Article 8(3) thereof,

8. In accordance with Article 93(3) thereof, the revised ACP-EC Agreement entered into force on 1 July 2008.

9. Equatorial Guinea, which signed the revised ACP-EC Agreement on 25 June 2005, deposited an instrument of ratification with a reservation – an instrument that was rejected by the European Union and its Member States in a letter of 19 December 2008. As a result, the ratification was not validated according to the provisions of Article 93(4).

10. 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-EU Council of Ministers.

11. In May 2010, Equatorial Guinea presented a request for accession in accordance with Article 94 of the ACP-EC Agreement and a request for observer status, enabling it to participate in the joint institutions set up by the ACP-EC Partnership Agreement, until the accession procedure was completed.

12. Observer status would be valid until 30 April 2011. Before that date, Equatorial Guinea should deposit the Act of Accession with the Secretariat General of the Council of the European Union and with the Secretariat of the ACP States, Depositaries of the Agreement.

13. In accordance with Article 15(4) of the Agreement, the ACP-EU Council of Ministers agreed in Ouagadougou on 21 June 2010 to give a mandate to the ACP-EU Committee of Ambassadors to take a decision on its behalf.

HAS DECIDED AS FOLLOWS:

Article 1

Equatorial Guinea shall have observer status until 30 April 2011 under the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, on the one hand, and the European Community and its Member States on the other, signed in Cotonou (Benin) on 23 June 2000 and revised in Luxembourg (Grand Duchy of Luxembourg) on 25 June 2005. Before that date, Equatorial Guinea should deposit its Act of Accession with the Secretariat General of the Council of the European Union and the Secretariat of the ACP States, Depositaries of the Agreement.

Article 2Entry into force

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

Done at Brussels, […]

For the ACP-EU Committee of Ambassadors on behalf of the ACP-EU Council of Ministers

The President

[1] OJ L 209, 11.08.2005; OJ L 287, 28/10/2005.