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Brussels, 5.11.2008

COM(2008) 694 final

2008/0203 (ACC)

Proposal for a

COUNCIL REGULATION

amending Annex I to Council Regulation (EC) No 1528/2007 in order to add the Republic of Zambia to the list of regions or states which have concluded negotiations {SEC(2008) 2740}

(presented by the Commission)

EXPLANATORY MEMORANDUM

On the 28 November 2007, the Republic of Zambia (hereafter "Zambia") initialled an interim agreement establishing a framework for an Economic Partnership Agreement with the European Community in the framework of the wider negotiations within the Eastern and Southern Africa (ESA) Region. However, negotiations failed to agree on a Zambian market access offer and Zambia was therefore not included in the Annex I of Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements. On 30 September 2008, the EC and Zambia initialled Zambia's market access offer. On this basis, the attached proposal is intended to include Zambia in Annex I of Council Regulation (EC) No 1528/2007. As a consequence of the inclusion of Zambia in Annex I of Council Regulation (EC) No 1528/2007 it is also necessary to modify Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/2007, 2007/2008 and 2008/2009 marketing years for the import and refining of sugar products under certain tariff quotas and preferential agreements. This will be done through a Commission Regulation.

2008/0203 (ACC)

Proposal for a

COUNCIL REGULATION

amending Annex I to Council Regulation (EC) No 1528/2007 in order to add the Republic of Zambia to the list of regions or states which have concluded negotiations

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission[1],

Whereas:

(1) On 28 November 2007, the Community concluded negotiations on an interim agreement establishing a framework for an Economic Partnership Agreement (hereinafter referred to as the 'interim EPA') with Seychelles, Zambia and Zimbabwe. Negotiations on the interim EPA were concluded with Mauritius on 4 December 2007, and with Comoros and Madagascar on 11 December 2007.

(2) However, because the Community and the Republic of Zambia did not, when negotiations on the interim EPA were concluded on 28 November 2007, agree on a Zambian market access offer, the inclusion of the Republic of Zambia in Annex I of Council Regulation (EC) No 1528/2007[2] ("the Regulation") was not possible.

(3) The Community and the Republic of Zambia concluded negotiations on a market access offer on 30 September 2008.

(4) Consequently, in the light of Article 2 of the Regulation, Annex I should be amended to include the Republic of Zambia.

(5) In order to accommodate the addition of the Republic of Zambia to the scope of application of Regulation (EC) No 1528/2007. Commission Regulation (EC) No. 950/2006 of 28 June 2006 should be amended with effect from the date of entry into force of the present Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

In Annex I to Council Regulation (EC) No 1528/2007, "the Republic of Zambia" is inserted between the entries "the Republic of Uganda" and "the Republic of Zimbabwe".

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, […]

For the Council

The President […]

[1] OJ C […], […], p. […].

[2] OJ L 348, 31.12.2007, p. 1.