on the position to be adopted, on behalf of the European Union, in the Joint CARIFORUM-EU Council 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, as regards the amendment of Annex IX to Protocol I: Overseas countries and territories

EXPLANATORY MEMORANDUM

1.Subject-matter of the proposal

The present proposal concerns the decision establishing the position to be adopted on behalf of the Union in the Joint CARIFORUM-EU Council 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, in connection with the envisaged adoption of a Decision amending Annex IX to Protocol I of that Agreement on Overseas Countries and Territories.

2.Context of the proposal

2.1.The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part

The Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (‘the Agreement’) aims to contribute to the reduction and eventual eradication of poverty through the establishment of a trade partnership consistent with the objective of sustainable development, the Millennium Development Goals and the Cotonou Agreement.

The Agreement was signed on 15 October 2008, and is provisionally applied as of 29 December 2008.

2.2.The Joint CARIFORUM-EU Council

The Joint CARIFORUM-EU Council shall generally be responsible for the operation and implementation of the Agreement and shall monitor the fulfilment of its objectives. It meets at ministerial level at regular intervals not exceeding a period of two years. In order to attain the objectives of this Agreement, it shall have the power to take decisions in respect of all matters covered by the Agreement. These decisions taken shall be binding on the Parties and the Signatory CARIFORUM States, which shall take all the measures necessary to implement them in accordance with each Party's and Signatory CARIFORUM State's internal rules.

2.3.The envisaged act of the Joint CARIFORUM-EU Council

On 17 November 2017 during its fourth meeting, the Joint CARIFORUM-EU Council is to adopt a Decision regarding the amendment of Annex IX to Protocol I that includes the list of Overseas Countries and Territories (OCTs) (‘the envisaged act’).

The purpose of the envisaged act is to ensure that the list of OCTs in Annex IX to Protocol I of the Agreement is updated and harmonised with Annex II TFEU, considering the change of status of three territories in the list.

Saint Barthélemy (FR) became an OCT associated with the European Union on 1 January 2012. Mayotte (FR) became an Outermost Region (OR) of the European Union on 1 January 2014. Council Decision 2013/755/EU on the association of the OCTs with the European Union, which applies to all the OCTs listed in Annex II to the TFEU, also entered into force on 1 January 2014. The list of OCTs in Annex IX to Protocol I of the Agreement should therefore be updated accordingly.

The envisaged act shall become binding on the parties in accordance with Article 229 paragraphs 1 and 2 of the Agreement.

3.Position to be adopted on behalf of the Union

The Agreement was signed on 15 October 2008, and it is being provisionally applied as of 29 December 2008.

The proposed position to be adopted on behalf of the Union aims at making the envisaged act binding.

4.Legal basis

4.1.Procedural legal basis