Explanatory Memorandum to COM(2011)469 - Conclusion of the second amendment of the ACS/EC partnership agreement (Cotonou agreement)

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dossier COM(2011)469 - Conclusion of the second amendment of the ACS/EC partnership agreement (Cotonou agreement).
source COM(2011)469 EN
date 26-07-2011
By decision of 23 February 2009, the Council authorised the Commission to open negotiations with the African, Caribbean and Pacific Group of States (hereinafter referred to as the ACP States) with a view to undertaking the second revision of the Partnership Agreement between the ACP States, of the one part, and the European Community and its Member States, of the other part (hereinafter referred to as the Cotonou Agreement).

In line with Article 95  i of the Cotonou Agreement, both the ACP and the EU side notified the other party of the provisions that they wished to review with a view to a possible amendment of the Agreement. The ACP and EU notifications converged in many areas, with both parties recognising that the Cotonou Agreement should be further developed in terms of its political dimension, in the area of regional integration and in implementation of the partnership with regard inter alia to development cooperation. It was agreed in this context to set aside the updating of the terms in the Agreement required by the entry into force of the Treaty of Lisbon, and the EU eventually issued a declaration annexed to the Final Act announcing proposals to the ACP states for an exchange of letters with the aim of bringing the Agreement into conformity with the institutional changes resulting from this entry into force.

Following the official launch of negotiations at the Joint Council on 29 May 2009, a series of negotiating sessions took place between June 2009 and March 2010.

In line with Article 95  i of the Cotonou Agreement, the negotiations were successfully concluded by an extraordinary Joint Ministerial meeting on 19 March 2010 with the negotiators initialling the texts which aimed at amending the Agreement, the parties thus endorsing the outcome of the negotiations.

By Decision 2010/648/EU of 14 May 2010, the Council authorised the signing of the agreement. The Amending Agreement, which is the result of the negotiations, was consequently signed by both sides on 22 June 2010 at the ACP-EU Council of Ministers held in Ouagadougou, subject to its conclusion at a later date.

Article 95 i of the Cotonou Agreement authorised the Joint Council to adopt transitional measures in respect of the amended provisions until they come into force. By Council Decision 2010/614/EU of 14 June 2010, the Council approved the position to be adopted by the European Union within the ACP-EU Council of Ministers concerning the transitional measures, and by Decision No 2/2010 of the ACP-EU Council of Ministers of 21 June 2010, the amending provisions are provisionally applied, as from 31 October 2010. This decision also calls on Parties to complete all the necessary procedures to ensure the full entry into force of the Agreement within two years from the date of its signature.

The Commission therefore proposes the Council to adopt a decision concluding the Agreement, according to Article 218 i TFEU, after having obtained the consent of the European Parliament, according to Article 218(6)(a) TFEU.