Explanatory Memorandum to COM(2012)213 - EU position within the ACP-EU Council of Ministers concerning the status of South Sudan in relation to the Partnership Agreement with the members of the African, Caribbean and Pacific Group of States - Main contents
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| dossier | COM(2012)213 - EU position within the ACP-EU Council of Ministers concerning the status of South Sudan in relation to the Partnership ... |
|---|---|
| source | COM(2012)213  |
| date | 14-05-2012 |
On 25 June 2005 in Luxembourg, the ACP States and the European Community and its Member States signed an Agreement amending the Cotonou Agreement. In accordance with Article 93 i thereof, the amended Cotonou Agreement entered into force on 1 July 2008 following ratification of the revision by the European Community and its Member States and by two thirds of the ACP States.
On 22 June 2010 in Ouagadougou, the ACP States and the European Union signed an Agreement amending for the second time the Cotonou Agreement, which is provisionally applied since 31 October 2010.
On 9 July 2011, South Sudan formally declared its independence from Sudan, as a result of a self-determination referendum under the 2005 Comprehensive Peace Agreement.
In a letter dated 20 March 2012 sent to the President of the ACP-EU Council, through the General Secretariat of the Council of the European Union, the Republic of South Sudan’s Minister for Foreign Affairs and International Cooperation, Mr Nhial Deng Nhial, formally requested accession to the Cotonou Agreement in accordance with the provisions of Article 94 of the Agreement. The Republic of South Sudan asked that it in the meantime be granted observer status, until the accession procedure is completed, so as to enable it to participate in the joint institutions set up by the Cotonou Agreement.
The European Union should respond favourably to these requests, which should be approved by a formal decision by the Joint ACP-EU Council of Ministers, during their meeting in Vanuatu, on 14 and 15 June 2012.
The observer status should be granted until the authorities of the Republic of South Sudan are in a position to deposit the Act of Accession, foreseen for 20 November 2012 at the latest, without prejudice to South Sudan doing so at an earlier date.
In accordance with Article 218(10) of the Treaty on the Functioning of the European Union, the European Parliament will be informed.
The Commission therefore proposes that the Council adopt the attached proposal for an EU position concerning the status of the Republic of South Sudan in relation to the amended Cotonou Agreement.