Considerations on COM(2022)259 - EU position in the ACP-EU Committee with regard to amending a decision on transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement

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dossier COM(2022)259 - EU position in the ACP-EU Committee with regard to amending a decision on transitional measures pursuant to Article 95(4) of ...
document COM(2022)259 EN
date June  2, 2022
 
(1) The Partnership Agreement between the members of the African, Caribbean and Pacific Group of States ('ACP') of the one part, and the European Union and its Member States, of the other part ('the ACP-EU Partnership Agreement') 12 was signed in Cotonou on 23 June 2000. The ACP-EU Partnership Agreement entered into force on 1 April 2003 and is to be applied until 30 June 2022 in accordance with Decision No 3/2019 of the ACP-EU Committee of Ambassadors of 17 December 2019 to adopt transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement (‘decision on transitional measures’) 13 as amended by Decision No 3/2021 of the ACP-EU Committee of Ambassadors of 26 November 2021 to amend Decision No 3/2019 of the ACP EU Committee of Ambassadors to adopt transitional measures pursuant to Article 95(4) of the ACP EU Partnership Agreement.

(2) Pursuant to the first subparagraph of Article 95(4) of the ACP-EU Partnership Agreement, negotiations towards a new ACP-EU Partnership Agreement were launched in September 2018. The new Agreement will not be ready to be applied by the expiry date of the current ACP-EU Partnership Agreement. It is therefore deemed necessary to amend the Decision No3/2019 on transitional measures to further extend the application of the provisions of the current ACP-EU Partnership Agreement.

(3) The second subparagraph of Article 95(4) of the ACP-EU Partnership Agreement provides for the Council of Ministers to adopt transitional measures that may be required until the new Agreement comes into force.

(4) Pursuant to Article 15(4) CPA, on 23 May 2019, the ACP-EU Council of Ministers delegated the powers to adopt the transitional measures to the ACP-EU Committee of Ambassadors. The ACP-EU Committee of Ambassadors is to have a regular meeting where it will take the decision to amend transitional measures pursuant to Article 95(4) of the ACP-EU Partnership Agreement.

(5) It is appropriate to establish the position to be taken on the Union's behalf in the ACP- EU Committee of Ambassadors, as the envisaged act is binding on the Union.

(6) The provisions of the ACP-EU Partnership Agreement will continue to be applied with the aim of maintaining continuity in relations between the Union and its Member States, on the one hand, and the ACP States, on the other. Accordingly, the amended transitional measures are not intended for amendments to the ACP-EU Partnership Agreement as provided for in Article 95(3) thereof.