EXPLANATORY MEMORANDUM

1.SUBJECT MATTER OF THE PROPOSAL

This proposal concerns the decision establishing the position to be adopted on behalf of the European Union (‘the Union’) in the EPA Committee set up by the stepping stone Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (‘the Agreement’), with a view to the adoption of a decision of the EPA Committee concerning the accession of the Republic of Croatia to the European Union.

2 CONTEXT OF THE PROPOSAL

2.1 EU - Central Africa Economic Partnership Agreement

The aim of the Agreement is to establish an initial framework for a full regional economic partnership agreement in accordance with the Cotonou Agreement. The Central Africa Party is hitherto composed of the Republic of Cameroon. Since 4 August 2014, the Agreement has been applied on a provisional basis.

2.2. EPA Committee

The EPA Committee is the joint institutional body of the Agreement. Article 92 of the Agreement provides that the EPA Committee is to be responsible for the administration of all the fields covered by the Agreement and for the achievement of all the tasks mentioned therein. The EPA Committee is to reach its decisions by consensus. The operation of the EPA Committee is laid down in its Rules of Procedure.

2.3. Act envisaged by the EPA Committee

At its fourth meeting on [date], the EPA Committee must adopt a decision concerning the accession of the Republic of Croatia to the Union (‘the envisaged act’).

Article 102 of the Agreement provides that the EPA Committee may decide on any amending or transitional measures which might be necessary concerning the accession of new Member States to the European Union.

The objective of the envisaged act is to make the necessary amendments to the Agreement which have become necessary following the accession of the Republic of Croatia to the Union.

The envisaged act will become binding on the parties in accordance with Article 102(3) of the Agreement, which provides: ‘The Parties shall review the effects of the accession of new Member States of the European Union on this Agreement. The EPA Committee may rule on any transitional measures or amendments necessary.’

3. POSITION TO BE ADOPTED ON BEHALF OF THE UNION

The Republic of Croatia acceded to the Union on 1 July 2013 and deposited its act of accession to the Agreement on 8 November 2017 with the General Secretariat of the Council of the Union. The accession clause in Article 102(2) of the Agreement provides for the ‘automatic accession’ of Croatia to the Agreement by depositing of an act of accession. In respect of subsequent amendments which are necessary because of the accession, the accession clause provides for a decision of the EPA Committee.

The Union should therefore determine the position to be adopted with regard to the adoption of the envisaged act of the EPA Committee concerning the accession of the Republic of Croatia to the Agreement.

The Annex to this draft Council Decision contains a draft Decision to be taken by the EPA Committee.

The Agreement shall apply, on the one hand, to the territories in which the Treaty on the Functioning of the European Union (‘TFEU’) applies and under the conditions laid down in that Treaty and, on the other hand, to the territories of the signatory Central Africa States (Cameroon).

4. Legal basis