# L_2021290EN.01000101.xml

| 12.8.2021 | EN | Official Journal of the European Union | L 290/1 |
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12.8.2021

EN

Official Journal of the European Union

L 290/1

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DECISION No 1/2021 OF THE ACP-EU COMMITTEE OF AMBASSADORS

of 29 June 2021

to amend Decision No 3/2016 of the ACP-EU Committee of Ambassadors on the Centre for the Development of Enterprise [2021/1330]

THE ACP-EU COMMITTEE OF AMBASSADORS,

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 (1),

Whereas:

| (1) | Article 15(4) of 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 (2) (the ‘ACP-EU Partnership Agreement’) states that the ACP-EU Council of Ministers may delegate powers to the ACP-EU Committee of Ambassadors. |
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(1)

Article 15(4) of 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 (2) (the ‘ACP-EU Partnership Agreement’) states that the ACP-EU Council of Ministers may delegate powers to the ACP-EU Committee of Ambassadors.

| (2) | At its 39th session held on 19 and 20 June 2014 in Nairobi, the ACP-EU Council of Ministers agreed, in a Joint Declaration, to proceed with the orderly closing of the Centre for the Development of Enterprise (CDE). For that purpose, the ACP-EU Council of Ministers decided to grant a delegation of powers to the ACP-EU Committee of Ambassadors to take the matter forward with a view to adopting the necessary decisions. |
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(2)

At its 39th session held on 19 and 20 June 2014 in Nairobi, the ACP-EU Council of Ministers agreed, in a Joint Declaration, to proceed with the orderly closing of the Centre for the Development of Enterprise (CDE). For that purpose, the ACP-EU Council of Ministers decided to grant a delegation of powers to the ACP-EU Committee of Ambassadors to take the matter forward with a view to adopting the necessary decisions.

| (3) | On 12 July 2016, the ACP-EU Committee of Ambassadors adopted Decision No 3/2016 (3) amending Annex III to the ACP-EU Partnership Agreement to introduce the necessary changes, establish the new legal framework of the CDE as from 1 January 2017, and maintain the legal personality of the CDE, solely for the purposes of its liquidation, as from that date. |
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(3)

On 12 July 2016, the ACP-EU Committee of Ambassadors adopted Decision No 3/2016 (3) amending Annex III to the ACP-EU Partnership Agreement to introduce the necessary changes, establish the new legal framework of the CDE as from 1 January 2017, and maintain the legal personality of the CDE, solely for the purposes of its liquidation, as from that date.

| (4) | Pursuant to Article 2(1) of Decision No 3/2016, a Curator is to ensure the implementation of the passive phase, in which the CDE is to solely exist for the purposes of its liquidation, as from 1 January 2017 for a period of 4 years or until the CDE has settled all its liabilities and realised all its assets, whichever happens earlier. |
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(4)

Pursuant to Article 2(1) of Decision No 3/2016, a Curator is to ensure the implementation of the passive phase, in which the CDE is to solely exist for the purposes of its liquidation, as from 1 January 2017 for a period of 4 years or until the CDE has settled all its liabilities and realised all its assets, whichever happens earlier.

| (5) | By 31 December 2020, the CDE had not settled all its liabilities and realised all its assets. It is therefore necessary to amend Decision No 3/2016 to ensure the proper implementation of the passive phase under the Curator’s management and to end that phase. In order to ensure continuity of the passive phase, the amendment of Decision No 3/2016 should apply as of 1 January 2021, |
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(5)

By 31 December 2020, the CDE had not settled all its liabilities and realised all its assets. It is therefore necessary to amend Decision No 3/2016 to ensure the proper implementation of the passive phase under the Curator’s management and to end that phase. In order to ensure continuity of the passive phase, the amendment of Decision No 3/2016 should apply as of 1 January 2021,

HAS ADOPTED THIS DECISION:

Article 1

Article 2(1) of Decision No 3/2016 of the ACP-EU Committee of Ambassadors shall be replaced by the following:

‘1.   The European Commission shall contract a Curator to ensure the implementation of the passive phase as from 1 January 2017 until the CDE has settled all its liabilities and realised all its assets.’.

Article 2

Article 1 shall apply as of 1 January 2021.

Article 3

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 29 June 2021.

For the ACP-EU Council of Ministers

by the ACP-EU Committee of Ambassadors

The President

Moses Kouni MOSE

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(1)  
  OJ L 317, 15.12.2000, p. 3.

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(2)  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 317, 15.12.2000, p. 3).

2

(3)  Decision No 3/2016 of the ACP-EU Committee of Ambassadors of 12 July 2016 regarding the revision of Annex III to the ACP-EU Partnership Agreement [2016/1163] (OJ L 192, 16.7.2016, p. 77).

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