Legal provisions of COM(2009)431 - Extension of the period of application of the measures in Decision 2007/641/EC concluding consultations with Fiji Islands under Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument

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dossier COM(2009)431 - Extension of the period of application of the measures in Decision 2007/641/EC concluding consultations with Fiji Islands ...
document COM(2009)431 EN
date September 24, 2009
6.10.2009   ENOfficial Journal of the European UnionL 262/43


COUNCIL DECISION

of 24 September 2009

extending the period of application of the measures in Decision 2007/641/EC concluding consultations with the Republic of the Fiji Islands under Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument

(2009/735/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the ACP-EC 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) and revised in Luxembourg on 25 June 2005 (2), hereinafter referred to as ‘the ACP-EC Partnership Agreement’, and in particular Article 96 thereof,

Having regard to the Internal Agreement between representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,

Having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (4), hereinafter referred to as ‘the Development Cooperation Instrument’, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)The essential elements referred to in Article 9 of the ACP-EC Partnership Agreement have been violated.

(2)The values referred to in Article 3 of the Development Cooperation Instrument have been violated.

(3)On 18 April 2007, pursuant to Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument, formal consultations began with the ACP countries and the Republic of the Fiji Islands, during which the Fijian authorities gave specific commitments to remedy the problems identified by the European Union and to implement them.

(4)Some substantive initiatives had been taken in respect of some of the commitments referred to in recital 3. Nevertheless, not only have important commitments concerning essential elements of the ACP-EC Partnership Agreement and the Development Cooperation Instrument yet to be implemented, but there have also recently been important regressive developments concerning a number of key commitments, such as the abrogation of the Constitution and a further substantial delay in holding elections.

(5)Decision 2007/641/EC (5) expires on 1 October 2009.

(6)Therefore, it is appropriate to prolong the validity of Decision 2007/641/EC,

HAS DECIDED AS FOLLOWS:

Contents

Article 1

Decision 2007/641/EC is modified as follows:

1.in Article 3, the second paragraph is replaced by the following:

‘It shall expire on 31 March 2010. It shall be reviewed regularly at least once every six months, and without delay if new developments in the Republic of the Fiji Islands or new formal consultations with the ACP countries and the Republic of the Fiji Islands lead to specific commitments providing reasons to do so.’;

2.the Annex is replaced by the Annex to this Decision.

Article 2

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

Article 3

This Decision shall be published in the Official Journal of the European Union.