IV 
(Acts adopted before 1 December 2009 under the EC Treaty, the EU Treaty and the Euratom Treaty)  
COUNCIL DECISION  
of 13 July 2009  
on the signing and provisional application of the Interim Agreement establishing a framework for 
an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one 
part, and the European Community and its Member States, on the other part  
(2012/196/EC)  
THE COUNCIL OF THE EUROPEAN UNION,  
Having regard to the Treaty establishing the European 
Community, and in particular Articles 133 and 181, in 
conjunction with the first subparagraph 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 to conclude 
Economic Partnership Agreements with African, 
Caribbean and Pacific (ACP) States.  
(2) Negotiations for an interim agreement establishing a 
framework for an Economic Partnership Agreement 
(hereinafter referred to as the ‘Interim EPA’) were 
concluded on 28 November 2007 with Seychelles, 
Zambia and Zimbabwe. On 4 December 2007, the 
Interim EPA was initialled by Mauritius and on 
11 December 2007 by Comoros and Madagascar.  
(3) Article 62(4) of the Interim EPA provides for its 
provisional application pending its entry into force.  
(4) The Interim EPA should be signed on behalf of the 
Community and applied, as concerns elements falling 
within the competence of the Community, on a 
provisional basis subject to its conclusion at a later date,  
HAS DECIDED AS FOLLOWS:  
Article 1  
The signing of the Interim Agreement establishing a framework 
for an Economic Partnership Agreement between the Eastern 
and Southern Africa States, on the one part, and the European Community and its Member States, on the other 
part, is hereby approved on behalf of the Community, subject 
to a Council Decision concerning the conclusion of the said 
Economic Partnership Agreement.  
The text of the Interim EPA is attached to this Decision.  
Article 2  
1. For the purposes of Article 64(3) of the Interim EPA, the 
delegation of the EC Party to the EPA Committee shall be 
composed of the members of the Council and of representatives 
of the Commission. It shall be chaired jointly by the 
Commission and the Presidency of the Council.  
2. The position to be taken by the Community within the 
EPA Committee shall be determined by the Council on the basis 
of a proposal by the Commission in accordance with the 
corresponding provisions of the Treaty.  
Article 3  
The President of the Council is hereby authorised to designate 
the person(s) empowered to sign the Interim EPA on behalf of 
the Community subject to its conclusion.  
Article 4  
As concerns elements falling within the competence of the 
Community, the Interim EPA shall be applied on a provisional 
basis as provided for in Article 62(4) thereof, pending 
completion of the procedure for its conclusion. The 
Commission shall publish a notice providing information on 
the date of provisional application.  
Done at Brussels, 13 July 2009.  
For the Council  
The President  
E. ERLANDSSONEN 24.4.2012 Official Journal of the European Union L 111/1