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Brussels, 16.12.2008

COM(2008) 863 final

Proposal for a

COUNCIL DECISION

on the signature and provisional application of the interim agreement establishing a framework for an Economic Partnership Agreement between Eastern and Southern Africa States on the one part and the European Community and its Member States on the other part

(presented by the Commission)

EXPLANATORY MEMORANDUM

The attached proposal constitutes the legal instrument for the signature and provisional application of an interim agreement establishing a framework for an Economic Partnership Agreement (EPA) between Eastern and Southern Africa (ESA) on one part and the European Community and its Member States on the other part:

(i) Proposal for a Council Decision on the signature and provisional application of the interim agreement establishing a framework for an EPA.

As announced in the Communication to the Council and the European Parliament dated 23 October 2007, the interim agreement establishing a framework for an EPA has been negotiated to avoid disrupting trade with the Community on the expiry of the trade regime set out in Annex V of the Cotonou Agreement on 31 December 2007 and the World Trade Organisation (WTO) waiver covering that trade regime. These negotiations were concluded by the initialling of the interim agreement establishing a framework for an EPA on 28 November 2007 with Seychelles, Zambia and Zimbabwe, on 4 December 2007 with Mauritius and on 11 December 2007 with Comoros and Madagascar.

As a result, five of the six ESA States (Comoros, Madagascar, Mauritius, Seychelles, Zimbabwe) were included in the list of countries in Annex 1 of the EPA Market Access Regulation adopted by Council on 20 December 2007[1] that have benefited from the Community market access offer made in the context of EPAs from 1 January 2008. Their inclusion on this list will become permanent following the entry into force of the interim agreement establishing a framework for an EPA. This will ensure a harmonised trade regime with the EU providing improved market access for all initialling ESA States, including the two countries recognised as Least Developed Countries by the United Nations. Given that Zambia did not table a market access offer, it was not included in the Regulation. As a LDC, Zambia continues to benefit from the Everything But Arms (EBA) trade regime.

The scope of the interim agreement establishing a framework for an EPA between ESA States and the Community and its Member States will be extended by the outcome of negotiations for a comprehensive EPA reached by December 2008. It includes all the measures necessary to establish a Free Trade Area compatible with the provisions of Article XXIV of the GATT 1994[2]. This agreement also contains provisions on rules of origin, non-tariff measures, trade defence measures, dispute avoidance and settlement, as well as fisheries, development and administrative and institutional provisions.

The negotiation of a full EPA continues consistently with the directives for EPAs with ACP States adopted by Council on 12 June 2002.

The institutional provisions include an EPA Committee composed of representatives of the Parties to be responsible for the administration of all matters under the agreement.

Pending the entry into force of the interim agreement establishing a framework for an EPA, the interim agreement foresees the provisional application of the Agreement.

The Commission has judged the results of the negotiations to be satisfactory and in accordance with the negotiating directives from the Council and requests the Council:

- to authorise the signature, on behalf of the European Community, of the interim agreement establishing a framework for an EPA between ESA States and the Community and its Member States;

- to approve the provisional application of the interim agreement establishing a framework for an EPA between ESA States and the Community and its Member States pending its entry into force.

Proposal for a

COUNCIL DECISION

on the signature and provisional application of the interim agreement establishing a framework for an Economic Partnership Agreement between Eastern and Southern Africa States on the one part and the European Community and its Member States on the other part

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[3],

Whereas:

(1) On 12 June 2002 the Council authorised the Commission to open negotiations of Economic Partnership Agreements with ACP countries.

(2) Negotiations for an interim agreement establishing a framework for an Economic Partnership Agreement (hereinafter referred to as the 'interim EPA') have been 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 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 Eastern and Southern Africa States and the European Community and its Member States is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said EPA.

The text of the interim EPA is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the interim EPA on behalf of the European Community subject to its conclusion.

Article 3

The interim EPA shall be applied on a provisional basis as provided for in Article 62(4) of the interim Agreement, pending completion of the procedures for conclusion. The Commission will publish a notice providing information on the date of provisional application.

Done at Brussels, […]

For the Council

The President

[…]

LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE

1. NAME OF THE PROPOSAL:

COUNCIL DECISION on the signature and provisional application of the interim agreement establishing a framework for an Economic Partnership Agreement between Eastern and Southern Africa States on the one part and the European Community and its Member States, on the other part

2. BUDGET LINES:

Chapter and Article: 12/120

Amount budgeted for the year concerned: 16 431 900 000 (Budget 2008)

3. FINANCIAL IMPACT

( Proposal has no financial implications

( Proposal has no financial impact on expenditure but has a financial impact on revenue – the effect is as follows:

4. ANTI-FRAUD MEASURES

In order to protect the Communities' financial interests against fraud and other irregularities, the Commission may carry out on-the-spot checks and inspections in accordance with Article 22 of the Agreement between the ESA States and the European Community and its Member States and article 7 of Protocol 2 attached to therein. Where necessary, investigations shall be conducted by the European Anti-Fraud Office (OLAF) and these shall be governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council. The Commission will conduct regular document-based and on-the-spot checks.

5. OTHER REMARKS

All remaining customs tariffs on products originating in those ACP regions or states that concluded negotiations on Economic Partnership Agreements or agreements including WTO compatible trade arrangements were removed by the adoption of Council Regulation 1528/2007. There is, therefore, no additional financial impact associated with this proposal.

[1] Council Regulation 1528/2007

[2] General Agreement on Tariffs and Trade (1994)

[3] OJ C , , p. .