# EUR-Lex - 52013PC0272 - EN

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# 52013PC0272

**Proposal for a COUNCIL DECISION on the position to be adopted by the European Union within the ACP-EU Council of Ministers concerning the status of the Federal Republic of Somalia in relation to 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 /* COM/2013/0272 final - 2013/0145 (NLE) */**

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EXPLANATORY MEMORANDUM

On 23 June 2000, the members of
the African, Caribbean and Pacific Group of States (hereinafter referred to as
ACP States), on the one hand, and the European Community and its Member States,
on the other, signed a Partnership Agreement in Cotonou (Benin) (hereinafter
referred to as the 'Cotonou Agreement').

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(3)
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 has been provisionally applied since 31 October
2010.

In a letter dated 25 February 2013 sent to
the EU High Representative/Vice President Catherine Ashton, and to the President
of the ACP-EU Council through the General Secretariat of the Council of the European
Union, the Federal Republic of Somalias Minister of Foreign Affairs and
International Cooperation, H.E. Fawzia Yusuf Adam, formally requested observership
and subsequent accession to the Cotonou Agreement in accordance with the
provisions of Article 94 of the Agreement. The European Union should
respond favourably to this request, which should be approved by a formal
decision by the Joint ACP-EU Council of Ministers, during their meeting in Brussels, on 6 and 7 June 2013.

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 Federal Republic of Somalia in relation to the amended Cotonou Agreement.

2013/0145 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted by the
European Union within the ACP-EU Council of Ministers concerning the status of
the Federal Republic of Somalia in relation to 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 217 in
conjunction with Article 218(9) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(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, signed in Cotonou on 23 June 2000[1], as first amended in Luxembourg
on 25 June 2005[2]
(hereinafter 'the Cotonou Agreement'), entered into force on 1 July 2008
in accordance with Article 93(3) thereof. The Cotonou Agreement was
amended for the second time in Ouagadougou on 22 June 2010[3]. The second amendment to the
Cotonou Agreement has been provisionally applied since 31 October 2010[4].

(2)       Article 94 of the Cotonou
Agreement stipulates that any request for accession by a State is to be
presented to, and approved by, the ACP-EU Council of Ministers.

(3)       On 25 February 2013, the
Federal Republic of Somalia presented a request for accession in accordance
with Article 94 of the Cotonou Agreement.

(4)       The approval of Somalias accession by the ACP-EU Council of Ministers should be supported by the European
Union, the Federal Republic of Somalia should deposit its Act of Accession with
the Secretariat General of the Council of the European Union and the
Secretariat of the ACP States, Depositaries of the Agreement.

(5)       It is therefore
appropriate to establish the position to be adopted by the EU within the ACP-EU Council
of Ministers,

HAS ADOPTED THIS DECISION:

Sole Article

The position of the European Union within
the ACP-EU Council of Ministers, on the matter of the Federal Republic of
Somalia’s request for observership and subsequent accession to the Cotonou
Agreement, as amended in Luxembourg and Ouagadougou, is to accept this request
under the terms of the draft Decision of the ACP-EU Council of Ministers annexed
to this Decision.

Formal and minor changes to the annexed
draft Decision of the ACP-EU Council of Ministers may be agreed without requiring
the present Decision to be amended.

Done at Brussels,

For
the Council

The
President

ANNEX

Draft
Decision No.../....

OF
THE ACP-EU COUNCIL OF MINISTERS

of......
concerning the observer status and subsequent accession of the Federal Republic of Somalia to 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

THE ACP-EU COUNCIL OF MINISTERS,

Having regard to 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, signed in Cotonou on 23 June 2000 [5], as first amended in Luxembourg
on 25 June 2005 [6]
and as amended for the second time in Ouagadougou on 22 June 2010 [7] (hereinafter 'the Cotonou Agreement')
and in particular Article 94 thereof,

Having regard to Decision No 1/2005
of 8 March 2005 of the ACP-EU Council of Ministers concerning the
adoption of the Rules of Procedure of the ACP-EU Council of Ministers [8] and, in particular,
Article 8(2) thereof,

Whereas

(1)          The Cotonou Agreement
entered into force on 1 July 2008 in accordance with
Article 93(3) thereof. It was first amended in Luxembourg
on 25 June 2005, and for a second time in Ouagadougou
on 22 June 2010. The second revision has provisionally been applied
since 31 October 2010[9].

(2)          Article 94 of the Cotonou
Agreement stipulates that any request for accession by a State is to be
presented to, and approved by, the ACP-EU Council of Ministers.

(3)          On 25 February 2013, the
Federal Republic of Somalia presented a request for observership and subsequent
accession in accordance with Article 94 of the Cotonou Agreement.

(4)          The Federal Republic of
Somalia should deposit the Act of Accession with the Depositaries of the Cotonou
Agreement, namely the Secretariat General of the Council of the European Union
and the Secretariat of the ACP States.

HAS DECIDED AS FOLLOWS:

Article
1
Approval of request for accession and observer status

The Federal Republic of Somalia's request to
accede to 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, signed in Cotonou on 23 June 2000,
as first amended in Luxembourg on 25 June 2005 and as amended for the
second time in Ouagadougou on 22 June 2010, is hereby approved.

The Federal Republic of Somalia shall
deposit its Act of Accession with the Depositaries of the Agreement, namely, the
Secretariat General of the Council of the European Union and the
Secretariat of the ACP States.

Pending its accession, the Federal Republic
of Somalia may attend Council sessions as observer.

Article
2
Entry into force

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

Done at,

For
the ACP-EU Council of Ministers
            The President

[1]               OJ
L 317, 15.12.2000, p. 3.

[2]               Agreement
amending 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, signed in Cotonou on 23
June 2000 (OJ L 209, 11.8.2005, p. 27).

[3]               Agreement
amending for the second time 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, signed in
Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June
2005 (OJ L 287, 4.11.2010, p. 3).

[4]               Decision No 2/2010 of the ACP-UE Council of Ministers
of 21 June 2010, JO L 287, 4.11.2010, p.68.

[5]               OJ
EC L 317, 15.12.2000, p. 3.

[6]               Agreement
amending 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, signed in Cotonou on 23
June 2000 (OJ EU L 209, 11.8.2005, p. 27).

[7]               Agreement
amending for the second time 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, signed in
Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June
2005 (OJ EU L 287, 4.11.2010, p. 3).

[8]               OJ
EU L 95, 14.4.2005, p. 44.

[9]               Decision No 2/2010 of the ACP-UE Council of Ministers
of 21 June 2010, JO L 287, 4.11.2010, p.68.