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 Côte d’Ivoire, of the one part, and the European Community and its Member States, 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. Côte d’Ivoire – EU stepping stone Economic Partnership Agreement

The aim of the Agreement is to establish an initial framework for a full economic partnership agreement in accordance with the Cotonou Agreement. Since 3 September 2016, 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 73 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, approved by the parties in April 2017, as amended by the European Council, and adopted by the parties at the second meeting of the Côte d’Ivoire - European Union EPA Committee in March 2018.

2.3. Act envisaged by the EPA Committee

At its third 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 77 of the Agreement provides that the EPA Committee may decide on any amending or transitional measures which might be necessary following the accession of new Member States to the Union.

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

The envisaged act will become binding on the parties in accordance with Article 77(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 decide on any transitional measures or amendments which may be 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 77(2) of the Agreement provides for the accession of Croatia to the Agreement by depositing an act of accession. As regards 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 in respect of 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’) is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Côte d’Ivoire.

4. Legal basis