II
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)
DECISIONS
COUNCIL
COUNCIL DECISION
of 15 July 2008
on the signature and provisional application of the Economic Partnership Agreement between the
CARIFORUM States, of the one part, and the European Community and its Member States, of the
other part
(2008/805/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 57(2), 71, 80(2), 133(1), 133 (5)and (6) and 181 in conjunction with the first sentence of the firstsubparagraph of Article 300(2) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) On 12 June 2002 the Council authorised the Commission
to open negotiations on Economic Partnership Agreements
with ACP countries.
(2) These negotiations have been concluded and the Economic
Partnership Agreement between the CARIFORUM States
(comprising Antigua and Barbuda, the Commonwealth of
the Bahamas, Barbados, Belize, the Commonwealth ofDominica, the Dominican Republic, Grenada, the Republicof Guyana, the Republic of Haiti, Jamaica, Saint Christopherand Nevis, Saint Lucia, Saint Vincent and the Grenadines,the Republic of Suriname and the Republic of Trinidad andTobago), of the one Part, and the European Community andits Member States, of the other Part (hereinafter referred toas the Agreement), was initialled on 16 December 2007.
(3) Pursuant to Article 243(4) of the Agreement, certain
elements of the Agreement have been applied on the basis
of Council Regulation (EC) No 1528/2007 of 20 December2007 applying the arrangements for products originatingin certain states which are part of the African, Caribbeanand Pacific (ACP) Group of States provided for inagreements establishing, or leading to the establishmentof, Economic Partnership Agreements (
1).(4) Article 243(3) of the Agreement provides for its provisional
application pending its entry into force.
(5) The Agreement should be signed on behalf of theCommunity and applied, as concerns elements falling
within the competence of the Community, on a provisionalbasis subject to its conclusion at a later date.
(6) The Agreement should not seek to affect the rights of
investors of the Member States of the European Union to
benefit from any more favourable treatment provided for inany agreement relating to investment to which a MemberState and a CARIFORUM State are Parties. Member Statesmay maintain and conclude such agreements in so far asthey comply with Community law,
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Economic Partnership Agreement between the
CARIFORUM States, of the one part, and the EuropeanCommunity and its Member States, of the other part, is hereby
approved on behalf of the Community, subject to the conclusion
of the said Agreement.
The text of the Agreement is attached to this Decision.
Article 2
1. The position to be taken by the Community within the Joint
CARIFORUM-EC Council and the CARIFORUM-EC Trade andDevelopment Committee shall be determined by the Council onthe basis of a proposal by the Commission in accordance withthe corresponding provisions of the Treaty.30.10.2008 EN Official Journal of the European Union L 289/I/1
(1) OJ L 348, 31.12.2007, p. 1.
2. For the purposes of Article 228(4) of the Agreement, the
President of the Council and a Member of the Commission shalltogether hold the rotating chairmanship of the Joint CAR-IFORUM-EC Council and present the position of the Communityin accordance with the Treaty. For the purposes of Article 230(2)of the Agreement, a representative of the Commission shall holdthe rotating chairmanship of the CARIFORUM-EC Trade andDevelopment Committee and present the position of theCommunity.
Article 3
The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement on behalf of theEuropean Community subject to its conclusion.Article 4
As concerns elements falling within the competence of the
Community, the Agreement shall be applied on a provisionalbasis as provided for in Article 243(3) of the Agreement,pending completion of the procedures for conclusion. TheCommission shall publish a notice providing information on thedate of provisional application.
Done at Brussels, 15 July 2008.
For the Council
The President
M. BARNIERL 289/I/2 EN Official Journal of the European Union 30.10.2008