Considerations on COM(2023)595 - EU position in the ACP-EU Committee of Ambassadors, with regard to amending 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

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dossier COM(2023)595 - EU position in the ACP-EU Committee of Ambassadors, with regard to amending Decision No 3/2019 of the ACP-EU Committee of ...
document COM(2023)595 EN
date October 23, 2023
 
table>(1)The 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 (1) (the ‘ACP-EU Partnership Agreement’) was signed in Cotonou on 23 June 2000 and entered into force on 1 April 2003. In accordance with Decision No 3/2019 of the ACP-EU Committee of Ambassadors (2) (the ‘decision on transitional measures’), it is to be applied until 31 October 2023.
(2)Pursuant to Article 95(4), first subparagraph, of the ACP-EU Partnership Agreement, negotiations towards a new ACP-EU Partnership Agreement (the ‘new Agreement’) were launched in September 2018. The new Agreement will be signed on 15 November 2023 by the European Union and its Members States and the Members of the Organisation of African, Caribbean and Pacific States. Pursuant to Article 98(4) of the new Agreement, its provisional application is to commence on the first day of the second month after the date of signature of that Agreement. It is therefore necessary to amend the decision on transitional measures in order to further extend the application of the provisions of the ACP-EU Partnership Agreement.

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

(4)Pursuant to Article 15(4) of the ACP-EU Partnership Agreement, 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 (3). Therefore it is for the ACP-EU Committee of Ambassadors to amend the 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 will be 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 as amendments to the ACP-EU Partnership Agreement as provided for in Article 95(3) thereof,